ACAPS Ltd – Terms and Conditions of Business

Interpretation

In these Terms and Conditions, the following definitions apply:

“Agreement” means the agreement between the Company and the Customer for the supply of the Specified Goods and/or Services, comprising the Order, the Quotation (including any Special Conditions) and these Terms and Conditions.

“Company” means ACAPS Limited (company number (if applicable) to be inserted), whose registered office is at Easthope Coppice, Bridgebank, Ironbridge, Shropshire, TF8 7JT.

“Customer” and/or “Client” means the person, firm or company that purchases the Specified Goods and/or Services from the Company.

“Installation” means the installation of the Specified Goods and/or any related works (including refurbishment works) to be carried out by the Company as set out in the Order.

“Order” (including any purchase order, order confirmation, confirmation email or other written acceptance, or (where agreed by the Company) verbal instruction to proceed) means the Customer’s order for the Specified Goods and/or Services accepted by the Company in accordance with these Terms and Conditions and the Quotation.

“Order Confirmation” means the Company’s written confirmation accepting the Order and (where applicable) stating the Order Confirmation Number.

“Order Confirmation Number” means the reference number stated on the Order Confirmation.

“Price” means the price for the Specified Goods and/or Services as set out in the Quotation and/or the Order Confirmation (as applicable).

“Quotation” means the Company’s written quotation for the supply of the Specified Goods and/or Services.

“Services” means any services to be provided by the Company, including (where applicable) Installation, as specified in the Quotation and/or the Order.

“Specified Goods” (or “Goods”) means the goods to be supplied by the Company as specified in the Quotation and/or the Order.

“Specified Goods and Services” means the Specified Goods and the Services, as described in the Quotation and/or the Order.

“Special Conditions” (or “Notes”) means any special conditions, assumptions or notes set out in the Quotation.

“Terms and Conditions” means these terms and conditions of business (as amended from time to time in accordance with the Agreement) together with any terms and conditions incorporated within the Quotation.

Basis of contract and precedence. These Terms and Conditions (together with the Quotation, including any Special Conditions) are the only terms on which the Company supplies the Specified Goods and/or Services and they constitute the entire agreement between the parties. The Company shall not be bound by, and hereby expressly excludes, any terms and conditions which the Customer purports to apply under any purchase order, specification or other document, or which are implied by trade, custom, practice or course of dealing. If there is any conflict or inconsistency between the Quotation and the Order Confirmation, the Quotation shall prevail.

1. Orders

1.1 All quotations issued by ACAPS Ltd (the Company) are invitations to treat only and shall remain open for acceptance for 30 days from the date of issue (unless stated otherwise in the quotation or withdrawn earlier by the Company).

1.2 No order shall be binding on the Company unless and until it is accepted by the Company in writing by issuing an order confirmation (including an order confirmation number) or by written confirmation by email (an Order Confirmation). Where a deposit or payment on account is stated in the quotation, the Company is not obliged to issue an Order Confirmation until such sum has been received in cleared funds.

1.3 Without prejudice to the above, if the Customer gives an instruction to proceed (whether verbally where expressly agreed by the Company, or otherwise) or accepts delivery of, or permits the installation of, the goods and/or services described in the quotation, the Customer shall be deemed to have accepted these Terms and Conditions and the terms set out in the quotation.

1.4 Once an Order Confirmation has been issued (or, in exceptional cases, the Company has agreed to proceed on the basis of a verbal instruction for emergency works), the Customer may cancel the order or request a deferral of the installation date only with the Company’s prior written agreement, signed by a director. In the event of any cancellation or deferral, the Customer shall indemnify the Company in full against all losses, costs and expenses reasonably incurred by the Company as a result, including (without limitation) labour, materials, professional fees, travel time, fuel and any other charges.

1.5 These Terms and Conditions, together with any terms and conditions set out in the quotation, apply to the exclusion of any other terms that the Customer seeks to impose or incorporate (whether in a purchase order, correspondence or otherwise), including any terms which are implied by trade, custom, practice or course of dealing. Any purported acceptance by the Company of the Customer’s terms is expressly excluded.

2. Installation

2.1 The Company shall install the Specified Goods and/or provide the Services at the installation address stated in the Order Confirmation (or such other address as the parties may agree in writing).

2.2 Any installation date stated by the Customer and/or included in the Order Confirmation is an estimate only and time shall not be of the essence. Where no dates are specified, installation shall take place within a reasonable time. Subject to the other provisions of this Agreement, the Company shall not be liable for any loss, costs, damages, charges or expenses arising directly or indirectly from any delay in delivery and/or installation of the Specified Goods and/or performance of the Services, and any such delay shall not entitle the Customer to terminate or rescind the Agreement.

2.3 The Customer shall ensure that the installation/works site is safe and readily accessible and is sound, level and free from obstructions and hazards, and that any existing equipment and installations relevant to the works are in proper working order. The Company accepts no liability in respect of any existing or in situ parts, pipework, fittings, pumps, controls, cabling, fans, electrical items or other equipment associated with, connected to or forming part of the works, which fail or malfunction during the works or thereafter.

The Company shall use reasonable endeavours to avoid causing damage to the Customer’s property. Where the Company causes damage (other than as excluded under clause 2.3), the Company shall, following reasonable discussion with the Customer, make good such damage within a reasonable time using its own employees/contractors and/or insurance (at the Company’s option). The Customer shall not engage any third party to rectify any such damage without the Company’s prior written consent. The Company shall not be liable for the cost of any remedial works undertaken by a third party without such consent.

2.4 The Company shall comply with all applicable health and safety legislation in connection with the installation/works. The Customer remains responsible for compliance with all applicable health and safety requirements relating to the Customer’s premises and any areas not under the Company’s control. The Customer shall use reasonable endeavours to prevent access to the installation/works area by any person other than the Company’s employees and authorised representatives. Where it is not practicable to prevent access, the Customer shall ensure that appropriate warnings/notices are displayed and that there is no interference with the installation/works, tools, plant or associated equipment.

2.5 If, in the Company’s reasonable opinion, the installation/works site does not comply with the requirements of clause 2.3, the Company may (at its discretion) either (a) defer installation until the Customer has remedied the issue to the Company’s reasonable satisfaction, or (b) cancel the Agreement by giving the Customer not less than seven (7) days’ written notice. In the event of a deferral under this clause, the Customer shall pay a deferral charge of £370 plus VAT per day per person, together with any additional costs reasonably incurred by the Company as a result of the deferral. If the Agreement is cancelled under this clause, any deposit paid shall be forfeited in full. If no deposit has been paid, the Customer shall be liable for all costs and losses reasonably incurred by the Company as a result of such cancellation, including consequential losses.

2.5A On completion of the installation/works (and, where applicable, upon receipt of all sums due for the Installation/Services), the Company shall issue any commissioning certificate and/or completion certificate (where applicable) and/or worksheet(s) confirming that the Specified Goods and/or Services have been installed/performed.

2.6 The Company shall use reasonable endeavours to remove from the site all rubbish and waste generated by the installation/works and to dispose of the same in accordance with all applicable legal requirements relating to waste disposal in force from time to time.

3. Exclusions – Unless expressly stated in the Quotation/Order Confirmation, the following are excluded from the Price:

3.1 Any additional equipment, parts, materials and/or labour required to complete unforeseen or additional works which were not included in the Quotation, including where the original works are suspended or cannot be completed due to issues with existing equipment (for example passing valves, faulty components or other defects). This includes any chargeable revisit required to complete works where time has been lost and completion was not possible on the original visit for reasons outside the Company’s control.

3.2 Any existing equipment, valves, pumps, motors and/or associated equipment, wiring, controls or components found to be faulty, defective or non-compliant.

3.3 The Company has priced the works on the assumption that the Customer’s equipment, systems, valves, pumps and motors have been correctly serviced and maintained. The works exclude any pre-existing issues, and any issues which are revealed or become apparent during or after the works, including any effect on downstream equipment (for example air locks, debris in the system causing filter restrictions, water pressure issues, leaks or similar). Any investigation, repair or replacement requested by the Customer in relation to such matters shall be chargeable.

3.4 Any modification, alteration or reinstatement of additional services, steelwork, building structures/fabric, and/or suspended ceilings (and any associated making good).

3.5 Builders’ works, including (without limitation) diamond drilling, cutting and forming openings, making good, fire compartmentalisation/fire stopping, and weathering.

3.6 Any documentation, form filling or administrative requirements (including compliance documentation and/or completion certification) required by the Customer or any third party (including without limitation a landlord, insurer, client, customer or the Health and Safety Executive), unless expressly stated in the Quotation. For the avoidance of doubt, detailed breakdowns, worksheets or reports (including labour/parts breakdowns) are excluded unless expressly included.

3.7 Any additional visits to site required to complete the works due to matters outside the Company’s control, including (without limitation) lack of access to the work area, lack of power, Customer health and safety requirements, delays caused by other trades and/or delays caused by the Customer.

3.8 Security provisions, including (without limitation) security escorts, permits, passes, inductions or out-of-hours access arrangements, unless expressly included in the Quotation.

4. Warranty and Indemnity

4.1 Subject to the terms of this Agreement, the Company warrants that the Specified Goods and Services supplied by it shall conform in all material respects to the description in the Quotation/Order Confirmation for a period of three (3) months from the date of issue of the final completion certificate (if applicable) issued pursuant to clause 2.5A (or such other period as may be stated in the Quotation).

4.2 Where the Company supplies goods which benefit from a manufacturer’s guarantee or warranty, the Customer shall have the benefit of such guarantee/warranty to the extent it is transferable and subject always to the manufacturer’s terms and conditions. For the avoidance of doubt, unless expressly stated in the Quotation, any labour, call-out, attendance and/or installation costs are excluded from any manufacturer’s guarantee/warranty.

4.3 The Company warrants that, on completion of Installation, the Specified Goods supplied and installed by the Company shall be free from material defects in materials and workmanship.

4.4 The Company warrants that it shall exercise reasonable care and skill in the supply of the Specified Goods and in the performance of the Services (including Installation).

4.5 If the Specified Goods and/or Services do not comply with clauses 4.1 to 4.4, the Company shall, at its option, repair or replace the defective Specified Goods and/or re-perform the affected Services (or such part of them as is defective) within a reasonable time. This shall be the Customer’s sole and exclusive remedy for breach of the warranties in clauses 4.1 to 4.4.

4.6 The Company shall not be liable for any breach of the warranties in clauses 4.1 to 4.4 to the extent that the breach is caused by fair wear and tear, settlement, subsidence, misuse, neglect, accidental or malicious damage, alteration or repair by any person other than the Company, failure to follow the Company’s instructions, or any act or omission of the Customer or any third party, or any other cause outside the Company’s reasonable control.

4.7 Any repaired, replaced or re-performed Specified Goods and/or Services provided under clause 4.5 shall be warranted on the terms of this Section 4 for the unexpired portion of the warranty period set out in clause 4.1.

4.8 Except as set out in this Section 4, and to the maximum extent permitted by applicable law, all warranties, conditions and other terms implied by statute, common law or otherwise are excluded. Nothing in this Agreement excludes or limits any liability that cannot lawfully be excluded or limited.

4.9 The Company accepts no responsibility for any escape of water in relation to systems incorporating booster pumps and/or pressurised systems where such systems do not include an automatic pressure-drop cut-off and/or automatic leak-detection cut-off, unless the Company has expressly agreed in writing (in the Quotation) to supply and install such protective devices.

4.10 Unless expressly stated in the Quotation, the Company gives no warranty and accepts no liability in respect of any new or existing in situ equipment, systems or components not supplied by the Company (including, without limitation, pipework, fittings, pumps, controls, cabling, fans and electrical items etc.) which are associated with, connected to or form part of the works, which fail, malfunction or cause damage during the works or thereafter. This exclusion extends to the acts or omissions of any third party (including the Customer’s staff, maintenance personnel, engineers or contractors) carrying out works, maintenance, servicing or attendance during or after the Company’s works.

5. Alteration in Specification

5.1 If any information supplied by or on behalf of the Customer is insufficient, incorrect, inaccurate or misleading, or if the Customer notifies the Company of any change to its requirements in relation to an Order after the Company has accepted it, the Company may amend the Price, the payment terms and any delivery/installation date or schedule as the Company considers fair and reasonable in the circumstances. The Company shall notify the Customer in writing of any such amendments as soon as reasonably practicable. Without prejudice to the foregoing, any wasted journeys or abortive visits undertaken by the Company as a consequence of such information or change shall be chargeable to the Customer at the Company’s net cost of labour and transport.

5.2 No variation or amendment to an Order (including any change in specification, scope, quantities or programme) shall be valid unless it is agreed in writing by the Company and the Customer (a Variation Order) and signed (or confirmed by email) by an authorised representative of the Company. Any Variation Order shall be subject to an appropriate adjustment to the Price, any delivery/installation dates and any other relevant terms.

6. Planning, Building Control and Design

6.1 The Customer shall be solely responsible for ensuring that the Installation and/or use of the Specified Goods and/or Services complies with all applicable planning requirements, building control requirements, local authority requirements and all other applicable laws, regulations, consents and approvals. The Company accepts no liability for any failure by the Customer to obtain or comply with any such requirements. The Customer shall indemnify the Company on demand against all losses, liabilities, costs, claims, damages and expenses incurred by the Company arising out of or in connection with any such failure.

6.2 Where the Customer is not the owner of the premises at which the Installation is to be carried out, the Customer shall obtain, prior to commencement of the Installation, all necessary consents and approvals from the landlord, owner, freeholder and/or any other relevant third party (including building control, where applicable).

6.3 Design and installation responsibility.

The Company does not hold professional indemnity insurance. Any drawings, designs, advice, sizing calculations or similar information provided by the Company are provided for general information only (and may be based on information supplied by manufacturers and/or third parties) and shall not be relied upon as professional advice. Responsibility for design, specification, suitability and compliance of any installation remains with the principal contractor and/or the Customer (as applicable), who shall verify and approve the same. The Company recommends that appropriately qualified consultants/engineers are engaged where design services are required.

7. Property and Risk

7.1 Risk in the Specified Goods shall pass to the Customer on delivery of the Specified Goods to the Customer’s premises (or such other delivery location as may be agreed in writing). From that time, the Customer shall be responsible for effecting and maintaining adequate insurance cover in respect of the Specified Goods.

7.2 Title to the Specified Goods shall not pass to the Customer until the Company has received payment in full (in cash or cleared funds) of all sums due to it in respect of the Specified Goods and/or Services.

8. Price and Payment Terms

8.1 The Price for the Specified Goods and/or Services shall be as set out in the Quotation and/or the Order Confirmation (as applicable). Unless expressly stated otherwise, the Price is exclusive of VAT and any other applicable taxes or duties, which shall be payable by the Customer in addition at the applicable rate from time to time.

8.2 Where a deposit is stated in the Quotation and/or the Order Confirmation, the deposit shall be payable on placing the Order and shall be received in cleared funds before the Company is obliged to commence performance. The balance of the Price shall be payable within thirty (30) days of the date of the Company’s invoice (the Due Date). Time for payment shall be of the essence.

8.3 Where the Installation is expected to take longer than one (1) month, the Company may render interim invoices on a monthly basis until completion. If any interim invoice (or any other invoice) is not paid by the Due Date, the Company may, without prejudice to any other rights or remedies, suspend performance of the Services/Installation with immediate effect until all outstanding sums are paid in full. The Company may also remove from the Customer’s premises any Specified Goods which have not been paid for, provided that the Company shall not be liable for any losses suffered by the Customer as a result of such suspension and/or removal. If the Customer cancels the works, defers them, or engages another contractor to carry out the works, the Company shall be entitled to invoice and be paid for all costs and losses reasonably incurred as a result, including (without limitation) labour, materials, professional fees, travel time, fuel and other charges and expenses.

8.4 The Customer shall pay all sums due under the Agreement in full, without any deduction, withholding, retention, set-off or counterclaim (whether contractual or equitable), and no payment shall be deemed to have been received by the Company until it has received cleared funds.

9. Failure to Make Payment

9.1 If the Customer fails to pay any sum due under this Agreement by the Due Date, then, without prejudice to any other rights or remedies, the Company may charge interest on the overdue amount (both before and after judgment) at a rate of five per cent (5%) per annum above the base lending rate of the Company’s principal clearing bank from time to time, accruing on a daily basis (and compounded monthly) from the Due Date until payment is received in full in cleared funds. The Company may alternatively (or additionally, where applicable) claim statutory interest and fixed compensation and/or reasonable recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).

9.2 If any sum due remains unpaid following the Due Date, the Company may terminate the Agreement by giving the Customer not less than forty-eight (48) hours’ written notice. Upon termination (or, where the Company elects, upon suspension of the works for non-payment), the Company shall be entitled to enter the installation site and repossess and remove any Specified Goods and/or any equipment supplied by the Company which has not been paid for. The Customer grants the Company (and its employees and contractors) an irrevocable licence to enter the Customer’s premises for these purposes, with such vehicles, plant and equipment as may reasonably be required. The Customer shall provide all reasonable assistance requested by the Company to enable safe isolation/disconnection and removal, including arranging access and ensuring that utilities can be safely isolated where required.

9.3 In the circumstances set out in clause 9.2, the Customer shall pay a removal charge of £600 plus VAT per day per engineer, together with the Company’s reasonable administrative costs and the costs of disconnection, making safe and removal. The Company shall not be responsible for (and shall have no liability in respect of) any making good, reinstatement or cosmetic repairs to the Customer’s property required as a result of such disconnection and/or removal, unless expressly agreed in writing.

10. Enforceability and Severability

10.1 If any provision (or part-provision) of these Terms and Conditions (including any terms incorporated within the Quotation) is or becomes illegal, invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it legal, valid and enforceable. If such modification is not possible, the relevant provision (or part-provision) shall be deemed deleted. Any modification to or deletion of a provision (or part-provision) under this clause shall not affect the legality, validity and enforceability of the rest of the Agreement.

11. Amendment

11.1 No variation of these Terms and Conditions (or any terms incorporated within the Quotation) shall be effective unless it is in writing and signed by a director of the Company.

12. Assignment and Subcontracting

12.1 The Company may at any time assign, transfer, charge, subcontract or otherwise deal in any manner with all or any of its rights and obligations under the Agreement. The Customer may not assign, transfer, charge, subcontract or otherwise deal in any manner with any of its rights and obligations under the Agreement without the Company’s prior written consent.

13. Limitation of Liability

13.1 Subject to clause 13.2 and to the extent permitted by law, the Company shall not be liable to the Customer for any indirect or consequential loss, loss of profit, loss of business, loss of goodwill or any special damages arising out of or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise.

13.2 The Company’s total aggregate liability to the Customer arising out of or in connection with the Agreement (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall in all circumstances be limited to five per cent (5%) of the Price (net of VAT).

14. Force Majeure

14.1 The Company shall not be liable for any delay or failure to perform any of its obligations under the Agreement to the extent that such delay or failure results from any event, circumstance or cause beyond its reasonable control (a Force Majeure Event).

14.2 If a Force Majeure Event prevents, hinders or delays the Company’s performance of its obligations for a continuous period of more than thirty (30) days, either party may terminate the Agreement by giving written notice to the other.

15. Termination (Insolvency)

15.1 Without prejudice to any other rights or remedies, the Company may terminate the Agreement with immediate effect by giving written notice to the Customer if the Customer becomes insolvent or is unable to pay its debts as they fall due, enters into liquidation (whether voluntary or compulsory) (other than for the purpose of a bona fide solvent reconstruction or amalgamation), has an administrator appointed, enters into administration, has a receiver, administrative receiver or manager appointed over any of its assets, enters into any arrangement or composition with its creditors, or (if an individual) becomes bankrupt. Upon termination under this clause, all sums outstanding shall become immediately due and payable and the Customer shall indemnify the Company in full against all losses, costs and expenses reasonably incurred by the Company as a result.

16. Notices

16.1 Any notice given to a party under or in connection with the Agreement shall be in writing and shall be delivered by hand, sent by pre-paid first-class post or other next working day delivery service to the party’s last known address, or sent by email to such email address as that party has notified to the other for the purposes of notices. A notice shall be deemed to have been received: (a) if delivered by hand, on signature of a delivery receipt (or at the time the notice is left at the proper address); (b) if sent by post or next working day delivery service, at 9.00 am on the second working day after posting; and (c) if sent by email, at the time of transmission, provided that no delivery failure notification is received by the sender.

17. Waiver

17.1 No failure or delay by the Company to exercise any right or remedy under the Agreement shall operate as a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. A waiver of any right or remedy shall be effective only if given in writing. The rights and remedies provided under the Agreement are cumulative and not exclusive of any rights or remedies provided by law.

18. Governing Law and Jurisdiction

18.1 The Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

19. Hours of Working

19.1 Unless otherwise agreed in writing, the Company’s normal working hours are 09:00 to 17:00 Monday to Friday (excluding public holidays in England and Wales).

19.2 The Quotation is priced on the basis that the Company’s engineers shall be provided with reasonable and continuous access to the site/work area during normal working hours.

20. Access, Equipment, IT, Furniture and Furnishings

20.1 No persons other than the Company’s employees and authorised contractors shall enter the work area without the Company’s prior consent (and, where applicable, the consent of the site manager/foreman).

20.2 The Customer shall remove, protect or make safe all IT equipment, furniture and furnishings in or near the work area prior to commencement of the works. The Company shall not be liable for any damage to, or loss of, any such items left in or near the work area, nor for any loss of or corruption to data, except to the extent caused by the Company’s negligence.

21. Special Notes

21.1 Unless expressly included in the Quotation, the Price excludes any additional parts, materials and labour which may be required whilst the works are being carried out. If additional items are required, the Company shall notify the Customer and obtain approval before proceeding. Any delay or downtime arising as a result shall be chargeable.

21.2 The Quotation is priced on the basis of a rolling project. If the Customer requires only part of the works originally quoted, the Company reserves the right to issue a revised quotation and/or reprice the works accordingly.

21.3 Any quotations, invoices, statements or terms received by the Company from its suppliers or contractors which relate to the works remain confidential and shall not be disclosed to the Customer. A basic post-works cost breakdown of the Price may be provided upon request for a fee of £380.00 plus VAT, payable in advance.

21.4 The Company does not accept any transfer of, and shall not be liable for, any fines, liquidated damages, costs, penalties or similar charges imposed on the Customer by any third party in relation to late completion or late finishing of any project, tender or works.

21.5 For the avoidance of doubt, the Company accepts no responsibility for, and no liability shall transfer to the Company in respect of, any payment reductions, set-offs, retentions, late payments or cost adjustments imposed on the Customer by the Customer’s own clients/customers or any other third party.

21.6 The Company may assign and/or subcontract all or any part of its obligations under the Agreement in accordance with clause 12.1.

21.7 The Customer shall ensure that any equipment associated with the works is serviced, maintained and in good working order. The Company shall not be liable for any costs arising where isolation is required and the Customer’s equipment fails to operate or fails to re-operate.

22. Assumptions and Exclusions Specific to the Quotation

22.1 Unless expressly stated in the Quotation, the Price excludes any decoration, redecoration or finishing works to surrounding areas following completion.

22.2 Unless expressly stated in the Quotation, the Company has not made provision for compliance with building control requirements and/or liaison with any building control body. This remains the Customer’s responsibility.

22.3 Unless expressly stated in the Quotation, the Price excludes any out-of-hours, weekend, public holiday or bank holiday working.

22.4 The Price excludes any parts, items or issues not specifically identified in the Quotation (for example where parts require replacement before an underlying fault can be confirmed). Any additional parts, carriage and other costs shall be charged in addition.

22.5 No asbestos survey or test has been carried out by the Company and the Price excludes any asbestos-related works (including identification, testing, removal, encapsulation or making safe). The Customer shall ensure that the asbestos register has been reviewed and that any relevant areas are clearly identified and appropriately managed. If works are suspended due to suspected asbestos (including where the relevant area is not clearly identified or recorded), the Customer shall be liable for the Company’s resulting costs, including (without limitation) labour downtime and reasonable accommodation/travel costs where applicable. The completion date/programme shall be extended by the period of such suspension and any associated remobilisation.

22.6 Unless expressly included in the Quotation, the Price excludes any reports, surveys, certificates, written statements or other documentation requested by the Customer. Any such report/documentation (where agreed) shall be chargeable at £380.00 plus VAT, payable in advance.

23. Warranty and Snagging Works

23.1 Where the installed equipment is covered by a manufacturer’s warranty, such warranty is provided by the manufacturer and is subject to the manufacturer’s terms and conditions. Unless expressly stated otherwise, the manufacturer’s warranty period is 12 months. The manufacturer’s warranty may be void where the equipment has not been serviced and maintained in accordance with the manufacturer’s recommendations, where unauthorised repairs have been attempted, where additional parts/equipment have been added, or where the equipment has been damaged or misused. For the avoidance of doubt, manufacturer warranties typically cover parts only and do not include labour, accommodation, travel time, mileage, congestion charges, parking or other attendance costs unless expressly stated by the manufacturer and/or included in the Quotation.

23.2 Unless stated otherwise, fittings, valves and similar consumable parts are supplied with a parts-only warranty period of thirty (30) days. Labour is excluded and shall be chargeable. Any warranty inspection/call-out visit which is found not to relate to a warranty issue (or is attributable to excluded causes) shall be chargeable.

23.3 For a period of thirty (30) days following completion, the Company shall (subject to these Terms and Conditions) attend to reasonable snagging items attributable to the Company’s workmanship where notified by the Customer. During this period, the Company shall not be liable for (and shall not reimburse) any call-out charges, parts or repairs carried out by the Customer, the site team or any third party without the Company’s prior written consent.

23.4 Any agreed snagging works shall be booked and completed within thirty (30) days of completion (subject to availability of parts and labour). The Customer shall not withhold, delay or place on hold any payment otherwise due on account of snagging items.

24. Important Notes (No Survey, Free-Issue Equipment, Unforeseen Works and Hire Equipment)

24.1 Where the works have not been surveyed by the Company, any extension to the original programme or time on site (including additional visits) caused by unforeseen site conditions or incomplete/incorrect information shall be chargeable.

24.2 Where any equipment and/or parts are provided by the Customer (free-issue) and are incorrect, incomplete, faulty or otherwise unsuitable, any resulting delay, abortive time, additional labour and/or additional visits shall be chargeable.

24.3 Any additional equipment, parts, materials and/or labour required to complete unforeseen works not included in the Quotation shall be chargeable, subject to clause 5 (Variations/Alteration in Specification) where applicable.

24.4 The Company shall use reasonable care when handling equipment. However, due to the nature of certain equipment (including weight, size, dimensions, manual handling requirements and site access constraints) minor cosmetic/surface damage may occur. Unless expressly agreed otherwise in writing, the Customer accepts this risk. Where equipment is damaged beyond use for reasons outside the Company’s reasonable control, the Customer shall be responsible for providing a replacement and/or issuing a purchase order for a replacement (as applicable). The Company accepts no liability for such damage and does not carry insurance for this category of risk.

24.5 Any hire equipment not arranged by the Company remains at the Customer’s sole risk and responsibility. The Company shall have no responsibility or liability in respect of such hire equipment, including (without limitation) delivery, collection, missing items, theft, damage and extended hire charges.

24.6 Any items referred to in the Quotation as “chargeable” (or similar) shall be itemised and charged in accordance with the Company’s prevailing schedule of rates (including applicable labour rates), unless otherwise agreed in writing.

ACAPS Ltd. EASTHOPE COPPICE, BRIDGEBANK, IRONBRIDGE, SHROPSHIRE, TF8 7JT

T: 01952 882620: E: info@acapsltd.co.uk