G P Service
Terms and Conditions of Service
- General
These terms and conditions shall override any terms and conditions sought to be imposed by the Customer.
- Extent of the Maintenance Service
- G P Service hereafter referred to as the Company, undertakes to:
- Send a Service Technician or other qualified employee once annually or the agreed number of times set out overleaf to service the equipment at the address(s) listed overleaf.
- Cause a Maintenance Record Label, indicating the date of inspection and servicing, to be affixed to each extinguisher.
2.1.3 Cause a Service Report to be issued. Provided always that in the event that when the Service Technician for whatever reason, is unable to leave the Equipment in proper working order at the end of a service (without prejudice to the Company’s right to make a charge for the service of the Equipment) the Customer will be notified orally by the Service Technician that the Equipment is not in working order and the Service Report will be endorsed to that effect. Inability to leave the Equipment in proper working order in such circumstances shall not be a defective performance of the obligation to service.
- Customer agrees that the method employed in repairing or servicing the Equipment under this agreement shall be decided by the Company.
- Charges and Prices
- The Company reserves the right at any time to amend the Service Fee at its discretion.
- The Customer shall pay for at current prices all components, replacement charges, refills, refilling or re-pressurising required to leave the equipment in proper working order and which has been supplied by the Service Technician at the time of the service.
- Payment
Payment in respect of each invoice shall be made not later than 28 days from the date of the invoice. The Customer shall be liable to pay interest at the rate of 4% over National Westminster Bank Plc base rate calculated on a daily basis on all overdue accounts.
- Duration of Agreement
Subject to Clause 9 below, this agreement shall continue in force unless and until terminated by either party giving to the other not less than 12 week’s prior written notice of termination.
- Performance
- Although the Company will make the number of visits per approximate 12 month period specified overleaf to carry out its obligations pursuant to 2 above, the Company shall be under no obligation to carry out the services on a given date. Any dates quoted by the Company are given in good faith but are estimates only and without obligation.
- The Customer shall place every reasonable facility at the disposal of the Company’s employees for the purpose of carrying out their duties and in particular to assist them by locating and having readily available at the same premises all the Equipment to be serviced on one service.
- Warranty
The Company warrants that if services provided by its pursuant to 2 above or any goods of its own manufacture supplied pursuant to such service obligations are found to be defective due to faulty materials workmanship or design and if the conditions set out below are each satisfied, the Company shall (in the case of defective service obligations) carry out a further service at no cost or expense to the Customer at such time as the Customer may reasonably request and (in the case of defective goods of its own manufacture) at its election repair or replace such goods which in any such case it shall find upon examination (for which the Customer will provide full facilities) to have been so defective. The said conditions (each of which must be fulfilled before any warranty claim shall arise) are:
- Equipment must at all times have been correctly sited and used in accordance with the Company’s written instructions.
- The claim is notified (in detail) in writing to the Company within 30 days of the date of discovery by the Customer thereof and in any event within twelve months of practical completion in the case of service obligations and of replacement in the case of goods.
- Limitation of Liabilities and Indemnity
- The warranties given in 7 above are given expressly in lieu of and exclude (to the fullest extent permitted by law) any other representations, conditions, guarantees or warranties express of implied. The liability of the Company for loss or damage whether direct or consequential (other than as provided in such warranties) is hereby excluded to the fullest extent possible.
- The Company offers no (and shall have no liability under any) warranty or condition (express or implied) in respect of goods, materials or services of a third party supplier but the Company shall if requested by the Customer (and if the Company considers it appropriate and practical to do so) assist the Customer to obtain the benefit of such warranties as are available to it in favour of the first users of goods or service.
- The Customer shall indemnify the Company and its employees and agents against all third party claims relating in any way to goods or services supplied by the Company or arising from breach or negligence in connection with this agreement.
- Termination
- The Company may terminate this agreement on giving written notice of termination if the Customer is in breach of this agreement or any other agreement with the Company (such breach, if remediable, not having been remedied with 7 days notice from the Company) or any judgement against the Customer is unsatisfied or (being an individual) the customer dies or commits any act of bankruptcy or (being a corporation) the Customer enters liquidation or suffers the appointment of a receiver or administrative receiver or administrator.
- In the event of the Equipment being serviced or attended to by any other persons other than the Customer and his employees the Company reserves the right:
- to refuse to service the Equipment; and/or
- to issue a minimum call charge invoice in respect of any visit made; and/or
- to terminate this agreement.
- Forthwith on any termination of this agreement, the customer shall be obliged forthwith to pay to the Company any amounts due to the Company.
- Waiver
No relaxation, forbearance, delay or indulgence by the Company in enforcing any of the terms and conditions of this agreement nor the granting of time by the Company to the Customer shall prejudice affect or restrict the rights and powers of the Company hereunder nor shall any waiver by the Company of any breach thereof.
- Guarantees
We hereby agree, provided G P Service Equipment supplied is properly used in accordance with the Company’s written instructions thereon and provided further that where equipment purchased is at all times covered by a current service Agreement, then we shall make good by replacement or repair any defects which are due to faulty materials, workmanship or design which may appear in such fire extinguishers and/or pressure charges within 5 years of the date of supply.
11.1 For these guarantees to apply the Equipment must be kept and installed
under normal conditions (i.e. it must be protected against detrimental
weather and wind) and must not be kept under extremely corrosive
conditions (e.g. subject to acid or alkaline atmospheres) and must not be or have been recharged, repaired or serviced by anyone other than a Service Technician for the time being employed by the Company, and all bags of concentrate, which form part of some pressure charges, must be changed every five years; failing which only the 12 month replacement or repair guarantee will apply.
- Miscellaneous
12.1 The Company shall include all its successors and assigns.
12.2 The Customer shall not be entitled to assign any of its rights under this
agreement.
12.3 Clause headings are convenience of reference only and shall not affect the construction of this agreement.
12.4 Should there be more than one Customer under this agreement their liability shall be joint and several.
12.5 This agreement shall be governed by English law and the Customer submits to the non-exclusive jurisdiction of the English Courts.
12.6 No addition to modification of this agreement shall form part thereof unless made or accepted by the Company and the Customer in writing.
12.7 Any provision of these conditions held by a court of law to be invalid shall be severable and shall to the extent necessary to prevent such invalidity be deemed to be omitted from these conditions and any liability which would otherwise have been excluded or limited shall be nevertheless be subject to the remaining provisions of these conditions.