|
Precision Engineering Technologies Limited
STANDARD TERMS AND CONDITIONS
Definitions: -
1.1 In this document the following terms shall have the following meanings: -
“peTEC” means Precision Engineering Technologies Limited Company Registration Number 4324144 whose registered office is situate at:
The Riding school house, Bulls Lane, Wishaw, Sutton Coldfield, West Midlands
“The Customer” means the Party to this Agreement with peTEC described overleaf
“Equipment” means the Equipment described overleaf
“Technical Services” means the Services described overleaf
“Standard Rate” means the sum of £40.00 per hour or part thereof exclusive of V.A.T.
Technical Services
2.1 peTEC will provide the Customer with Technical Services in respect of the Equipment on the following terms and conditions which, together with the details set out overleaf shall constitute the entire Maintenance Contract between peTEC and the Customer
2.2 peTEC will endeavour to respond promptly and if possible within twenty four hours to requests for Technical Services
Exclusion from Services
3.1 The Technical Services will not extend to:-
(a) modification or additions to the Equipment unless specifically agreed in advance between peTEC and the Customer
(b) items which in the opinion of peTEC can no longer be subject to economical maintenance or repair
(c) the repair or replacement of parts which peTEC requires to carry out away from the site named overleaf but which the customer for security reasons or otherwise is unwilling to release to peTEC
Charges
4.1 Charges will be charged by peTEC to the Customer (to include all travelling costs within the mainland of the United Kingdom) at the following rates: -
a) Between the hours of 7 a.m. and 6 p.m. on Mondays to Fridays (excluding Public, Bank and Local Holidays) Standard Rate
b) Between the hours of 6.00 a.m. and 6.00 p.m. on Saturdays - 1½ x the Standard Rate
c) All other times - 2 x the Standard Rate
d) Telephone support will be charged at £35 per day regardless of the number of calls unless free support has been agreed in writing between peTEC and the customer. An initial evaluation call will be free of charge.
e) Mileage will be charged at £0.35 per mile
4.2 All charges shall be paid by the Customer within thirty days of the date of any invoice submitted by peTEC to the Customer. The whole or any part of such charges not paid within the said period of thirty days shall bear interest at the rate of 4% above the Basic Rate of HSBC Bank Plc from time to time until payment has been received. Any additional correspondence in respect of outstanding overdue invoices will be charged at £35 per letter.
4.3 Additional services (including emergency visits outside the hours specified in Condition 4.1 hereof) and the cost of replacement parts not covered by any parts warranty may be the subject of extra charges by peTEC
4.4 peTEC will make additional charges to cover any other expenses incurred in execution of technical services on behalf of the Customer and a minimum charge of £85.00 will be made for any overnight stay
4.5 peTEC may: -
(a) adjust its Charges from time to time subject to prior notice thereof being given to the Customer
(b) if the Customer does not pay any Charges on the due date as herein provided for, terminate any Contract with the Customer immediately and without notice or refuse to carry out any further Technical Services
4.6 peTEC charges are payable without any deduction or withholding of any kind but with the addition of Value Added Tax
4.7 Payment terms for machine retrofits rebuilds and new equipment shall be, initial payment with order 60% of final purchase price, 30% prior to shipment, final 10% upon installation.
4.8 Delivery dates are quoted from date of receipt of initial deposit.
4.9 PeTEC shall not be held responsible in any way for any loss of production or down time due to late delivery of Parts service or equipment or for any other reason unless previously agreed as part of a contract between peTEC and the customer.
4.10 Any parts or service provided by peTEC shall remain the property of peTEC until all payments are made in full, peTEC reserves the right to enter the customers premises at any time after 60 days of the date on any unpaid invoice or invoices and remove any parts fitted or any other parts up to the value of any or all outstanding invoices.
The Customers Obligations
5.1 To facilitate the provision by peTEC of Technical Services the Customer
shall :-
(a) Give notice to peTEC of any movement of the Equipment or any additional modification or adjustment to it prior to the commencement of work
(b) Maintain and make available to peTEC records of the operation maintenance and any malfunction of the Equipment
(c) Provide at such times as peTEC reasonably requires and at no cost to peTEC all documentation software materials and services necessary for the maintenance and testing of the equipment access to the Equipment use of the Customers workshop (if appropriate) and repair facilities and the co-operation of the Customer’s personnel in diagnosing and overcoming any malfunction of the Equipment
(d) Where necessary provide to peTEC consumable materials of the correct specification (such as oils, filters etc) for fitting by peTEC
Liability
6.1 peTEC shall use its reasonable endeavours to repair and/or keep the Equipment in an efficient operating condition but shall have no liability at all for any loss or damage of any kind arising from any stoppage breakdown or failure of the Equipment however occasioned
6.2 peTEC shall have no liability for any damage to the Customer’s property unless occasioned by peTEC’s negligence
Replacement Parts
7.1 In the event that the Customer provides replacement parts for the Equipment the Customer shall warrant that such parts are in accordance with the Manufacturer’s specifications and are suitable in all respects for installation on the Equipment
7.2 In the event that peTEC is requested to provide replacement parts it will use its best endeavours to obtain the same within a reasonable time but is under no liability to do so and shall not be responsible for any costs damages or losses suffered by the Customer as a result of the unavailability of such replacement parts
7.3 Replacement parts which are obtained and provided by peTEC shall be charged to the Customer at a price fixed by peTEC and shall remain the property of peTEC until such time as payment for them has been made by the Customer in full, any parts returned unused and agreed in advance with peTEC shall be subject to a 50% restocking fee, any shipping costs will be charged in full.
Force Majeure
8.1 If the performance of peTEC’s obligations under these conditions is prevented restricted or interfered with by reason of circumstances beyond its reasonable control then peTEC (upon giving prompt notice to the Customer) shall be excused from performance to the extent of the prevention restriction or interference but shall use its best endeavours thereafter to avoid or remove the causes of non-performance and shall then continue performance of its obligations under these conditions with the utmost despatch whenever such causes are removed or diminished
Not Assignable
9.1 The Agreement subject to these Terms and Conditions is personal to the Parties set out overleaf who may not without the others prior written consent assign or dispose of it |
Home
Contact Us