In these Terms and Conditions, the Firm means PC Pal
Limited and the Customer means the person who has placed the
order or accepted the estimate or quote and/or the business or company for whom
it appears the work is being carried out.
- The Firm shall, at its option, be entitled to enforce these Terms and
Conditions against any person or company or other body who is within the
definition of the Customer set out above.
- Any estimate or quote or other price given by the Firm is valid for a
period of 7 (seven) days unless withdrawn by the Firm in the meantime.
- A deposit of 50% of the price of the work shall be paid by the
Customer to the Firm upon acceptance of the quote or estimate given. The
balance shall be payable in full to the Firm upon completion of the work or at
such later time as the Firm in its sole discretion might in writing agree.
During the course of the work, the Customer shall make, after 30 days, a
further payment of 25% of the price and, after 60 days , the remaining 25% of
the price and in the event of default by the Customer the firm may cease
carrying out the work without prejudice to its right to the price less any
payments already made.
- The Customer warrants that its premises will be in a state and
condition fit for the work to be carried out by the agreed commencement date
and time and, if for any reason the Customer is in breach of this warranty, the
Customer agrees forthwith to pay the Firm the sum of £60 per man hour for
any time spent by the Firm in this behalf. Examples (not exhaustive)of breach
of this warranty by the Customer are:- (a) construction of the Customers
premises insufficiently complete for it to be practicable for the Firm to
commence the work; (b) lack of an adequate power supply for the work to be
carried out; (c) presence of other trades carrying out work which would or
might impede delay or obstruct commencement or completion of the work; (d)
failure of the Customer to facilitate access or adequate access to the premises
or part or parts of the premises for the work to be carried out.
- In the event of a purported cancellation of the agreement by the
Customer less than 14 days before the commencement date for the work, the
Customer shall be liable to pay to the Firm the costs of the work to be done
less any deduction that the Firm in its absolute discretion might allow in
writing.
- The Customer is responsible for payment to the Firm of any additional
charges arising from a request by the Customer to alter the agreement as to the
commencement date, or the nature of the work, or the location of the work, or
the specification of the work to be carried out, or the positioning of the
items and / or the system to be installed, or otherwise as the circumstances
might require.
- If the work done by the Firm is damaged, destroyed, modified or
otherwise interfered with by the Customer or by tradesmen engaged by the
Customer then the Customer shall be liable to pay to the Firm the cost of
remedying, replacing or repeating any work necessitated as a result
- The Firm accepts no responsibility for the quality or the efficacy of
work carried out by it in circumstances where such quality or efficacy is
depended or consequent upon the satisfactory performance of tasks by the
Customer or other tradesman engaged by the Customer and the Firm shall not be
liable for loss or other dissatisfaction arising from circumstances beyond its
reasonable control.
- If in order to carry out the work necessary or desirable for the Firm
to employ or utilise parts, equipment or services the need for which was not
reasonably apparent at the time of giving to the Customer the estimate or
quotation then the Customer shall be liable to pay to the Firm any additional
costs so arising.
- The Firm accepts no responsibility for damage to or the cost of
repair or reinstatement of the Customer's premises or part or part thereof in
circumstances where such damage or need of repair could not be avoided despite
the Firm having taken reasonable care.
- The Firm shall be entitled to assume that before the commencement of
any work the Customer has obtained any necessary consents for the work to be
carried out required to be obtained from a Landlord or other person having an
interest in the premises, public or local authority or body, owners or
occupiers of neighbouring property or premises or otherwise as the
circumstances might require.
- The Firm shall not be liable for loss or damage caused to the
Customer or other parties arising from the cessation or interruption of the
supply of power, water or other services or utilities before or during the
course of the work.
- Until the Customer has paid in full all sums due to the Firm, the
property in any parts or equipment supplied or left at the premises shall
remain with the Firm, notwithstanding that the same may have become joined to
or mixed with other items and the Customer authorises the Firm or its servants
or agents to enter or re-enter the premises (using force if necessary) to gain
possession of the same without being liable for any loss or damage so
occasioned.
- No variation to these Terms and Conditions shall be binding unless
agreed in writing between the Firm and the Customer.
- Any advice or recommendation given by the Firm to the Customer or its
employees or agents as to the storage, application or use of equipment
installed which is not confirmed in writing by the Firm is followed or acted
upon entirely at the Customer's own risk and, accordingly, the Firm shall not
be liable for any such advice or recommendation which is not so confirmed.
- No waiver by the Firm of any breach of these terms and conditions by
the Firm shall be considered the waiver of any subsequent breach of the same or
any other provision.
- If any provision of the Terms and Conditions is held by a Court or
other competent authority to be invalid or unenforceable in whole or in part,
the validity of the other provisions of these Terms and Conditions and the
remainder of the provision in question shall not be affected.
- These Terms and Conditions shall comprise the entire Agreement
between the Firm and the Customer (save for any agreed alterations confirmed in
writing as above) and no other representations or warranties, whether verbal or
written, shall form part of the Agreement between the Firm and the
Customer.
- The Firm shall not be liable to the Customer as a result of a failure
by the Firm to commence the works on the agreed commencement date or to
complete the works by the estimated completion date unless previously notified
by the Customer in writing beforehand that the Customer will suffer specific
and specified losses in the event of a delayed start or a late finish.
- The Firm shall not be liable to the Customer for breach of contract
in the event of default by the Firm arising from unforeseen ill health or
incapacity affecting the partners of or a partner in the Firm or its agents or
employees.
- If any sum due and payable by the Customer to the Firm remains unpaid
by its due date (whether demanded or not), the Customer shall pay to the Firm
interest on a daily basis for any unpaid sum at the rate currently prescribed
by the Late Payments of Commercial Debts Act 1998, if applicable, or, if not
applicable, at the Judgment Act rate.
- Any dispute or disagreement arising from these Terms and Conditions
between the Firm and the Customer shall, if the Firm so elects, be resolved by
arbitration or mediation.
- The enforcement of and interpretation of these Terms and Conditions
shall be governed by the Law of England and Wales and no person or body shall
acquire any rights here under by reason of the Contract (Right of Third
Parties) Act 2000 as it shall not apply herein.
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