1) Terms and Conditions
General. Acceptance of the tender/quotation includes the acceptance of the following Terms & Conditions. Back to the top
2) Basis of Tender/Quotation
The Tender/Quotation remains open for 30 days unless previously withdrawn. Thereafter, the Tender/Quotation is subject to confirmation or adjustment by us.
3) Basis of Tender/Quotation
(a) All increases or decreases in labour and/or material cost arising after the date of the tender/quotation may be recovered from or allowed to the Customer unless the tender/quotation expressly excludes this condition.
(b) The tender/quotation is based on the work being effected during working hours. Monday to Friday. Unless otherwise stated within the tender/quotation.
(c) Variations or additional work shall be charged on time and material basis unless the subject of a separate quotation accepted by the Customer.
(d) The laying of cables and conduits is by shortest practicable route, unless otherwise defined by the Customer.
(e) Work by other trades, e.g. specialist (diamond) drilling and asbestos removal, any statutory fees, or charges for work done by Supply Authority or Local Authority is not included, unless otherwise defined within the tender/quotation.
(f) Whilst reasonable care will be taken, the tender/quotation does not include for incidental redecoration or other works consequent upon the proper execution of the work.
4) Terms of Payment
(a) Payment in full shall be due on the completion of the work and shall be made within 30 days of the date of a written application/invoice submitted by us.
(b) All goods remain the property of DataSwift Network Services Limited until payment is received in full.
(c) Where the contract period is in excess of four (4) weeks, written applications/invoices may be submitted monthly for the total value of work executed – less previous payments – (The net amount due to be paid by the customer within 30 days).
(d) Failure by the customer to make any payment as aforementioned shall entitle the contractor to suspend work and/or charge interest on the amount outstanding at 4% above Base Rate of the contracts Bank form at time in force.
5) Completion
We shall endeavour to carry out the work within the period stipulated or, if no period is stipulated, within a reasonable time, but shall not be held responsible for any loss or damage arising from a delay due to any cause beyond our control.
6. Consequential Loss or Damage.
Without prejudice to the Customers Statutory rights, we will pass to the customer the benefit of any guarantees that we have received in respect of materials supplied by us and undertake to repair or, if necessary, replace free of charge any materials or work found to be defective if the defect is due to faulty workmanship by ourselves, our servants or agents and is brought to our attention within 12 months of the completion of the work, provided nevertheless that:
(a) We accept no responsibility for any drawing, design or specification not prepared by ourselves.
(b) Our responsibility to the Customer is limited to the fulfilment of the contract in as proper and workmanlike manner and we shall not be liable for any consequential loss or damage arising from the execution of the contract, unless due to the negligence of ourselves, our servants, or agents.
(c) We shall not be liable for any wear and tear, loss or damage, direct or indirect, nor for any extra work entailed due to the apparatus being put into operation by the customer or by ourselves, our servants, or agents at the customer’s request before it is handed-over for beneficial use.
(d) Servants, our agents, or ourselves shall only carry out the repair or replacement of any faulty work or materials otherwise our warranties as to repair or replacement shall not apply.
(e) We will take reasonable care but accept no liability for damage to furniture or other fixtures and fittings, which have to be moved by our workmen or ourselves in order to carry out the contract works. Without prejudice to this we will maintain adequate Public Liability Insurance cover for the duration of the Contract.