1. Definitions
"The Company" , "The Customer", "The Service Address",
"The Service", "The Equipment", The Service Frequency",
"The Service Charge" shall have their respective meanings
specified in the Order Request. "The Field Report," means a
Field Report, which the Customer is asked to sign following
each performance of the service.
2. Price and Payment
2.1 The Service Charge for the Service shall be as stated on
the Order Request and shall be invoiced in accordance with
the Service Frequency and , in addition, in respect of any
rearranged visits throughout the term of this Agreement and
shall be paid by the Customer to the Company without
deduction or set-off within 30 days from the date of the
invoice therefore. The Service Charge is exclusive of Value
Added Tax, which shall be paid by the Customer at the rate
and in the manner fro the time being prescribed by law.
2.2 If the Service Charge and VAT thereon is not paid by the
Customer to the Company within 30 days from the date of
Invoice then (without prejudice to the Company's other rights
and remedies) the Company may charge interest on such sum
on a day to day basis ( as well after as before judgement )
from the date when payment was due to the date of payment
(both dates inclusive) at the rate of 4% above Barclays Bank
Plc base rate for the time being in force. The Company
reserves the right to withhold the Service or a part thereof or
any other order or request until outstanding monies are paid
by the Customer to the Company.
2.3The Service Charge (and any additional charges) payable
Under the Order Request are in accordance with the
Company's scale of charges in force on the sate of the Order
Request. The Company shall be entitled at any time on the
Giving of written notice of such variation to the Customer to
Vary the Service Charge ( and any additional charges) to
Accord with any changes in the Company's scale of charges
Or if the unit quantity increases from that shown in the Order
Request (as evidenced by the Customer signature on the Field
Report) the Order Request shall be deemed to be varied
Accordingly by such notice of variation.
2.4 In the event of the Customer failing to allow reasonable
Access to the Service Address as required under condition 3.1
The Customer shall be liable for the Service Charge as if
Access had been permitted and the Service provided.
3. The Site
3.1 The Customer will allow the Company or its officers,
employees or agents all reasonable access at all reasonable
times to the Service Address to carry out the Service and if
requested shall ensure that a member of the Customer's staff
is present whilst the Service is carried out and shall make
available without charge electric power and all other
facilities to enable the Service to be performed by the
Company.
3.2 The Customer warrants that the Service Address complies
With the Health and Safety at Work Act 1974 (and any
Statutory modification thereof and any regulations thereunder)
and the Customer agrees to indemnify the Company and its
servants against any damages, claims, proceedings, liabilities
or demands arising out of any defects in the Service Address
or the Equipment (save as a result solely of the negligence or
wilful default of the Company or its servants ).
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3.3 The Company shall not be liable to the Customer for any lack
in the provision of the Service arising as a result of any civil
commotion, war, trade dispute, strike, holiday shutdown, lockout
or any act or omission of the Customer, its servants or agents or
for any other reason beyond the control of the Company.
4. The Equipment
4.1 The Customer warrants that the Equipment will at the time of
the Service perform to the specifications provided by the
manufacturer. The Customer warrants that the Equipment is in a
condition whereby the Service can be carried out.
4.2 The Customer will give to the Company prior to the carrying
out of the Service all written details of any variations in the
Equipment to that specified overleaf.
5. General Matters
5.1 The company shall not be liable for any consequential loss,
financial or otherwise, or damage arising in connection with any
of its Services.
5.2 The Customer may not assign the Order Request without the
Company's written consent.
5.3 Save that nothing herein shall limit the Company's liability for
death by personal injury. In the event of any breach of this
contract by the Company, or of any negligent act or omission by
the Company, it's officers, employees or agents, the Company's
liability, whether to the Customer or to any third party for any
direct or indirect loss and/or expense (including loss of profit )
suffered by the Customer or any third party, shall be limited to
damages not exceeding a maximum of two multiplied by the
annual Service Charge in respect of any one incident or series of
related incidents.
5.4 The Order given by the Order Request shall continue for a
period of twenty four months from the first Service date and may
be terminated by either party upon the service on the other of a
three months written notice to the effect to expire at any time after
the initial twenty four month period save that the Order Request
shall terminate in the event of either party being judged bankrupt
(in the case of an individual) or in the passing of a resolution or
order for winding-up (in the case of the Corporation ).
5.5 Any variation or waiver in the terms hereof (unless expressly
contained herein) must be in writing.
5.6 This document including the Order Request contains the entire
agreement between the parties unless set out in writing and signed
on behalf of each of them.
5.7 Any notice required or admitted to be given by either party to
the other hereunder shall be in writing addressed to that other
party at its registered office or principle place of business, or such
other address as may at the relevant time have been notified
pursuant to this provision to the party giving notice.
5.8 Any complaint which the Customer has in respect of the
Service must be brought to the attention of the Company, in
Writing, within five working days of the performance of the
Service.
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