5. Terms of Payment
1. The Customer shall pay a deposit as requested by
the Contractor before Works commence.
The deposit shall then be deducted from the final
balance after completion.
2. The balance will be due strictly 14 days after final
invoice.
The Customer shall pay the price stated in the Invoice
and may take advantage of any early settlement
discount offered by the Contractor. The time of
payment of the price shall be the essence of the
Contract. Receipts for paymentwill be issued only
upon request.
3. If a Customer fails to make any payment on the
due date then, without any prejudice to any other
right or remedy available to the Contractor, the
Contractor shall be entitled to:
a) Cancel the Contract or Suspend the Works
b) Charge the Customer interest (both before and
after any judgement) on the total invoice amount,
at the rate of 10% per month until payment in full
is made ( a part of a month being treated as a
full month for the purpose of calculating interest)
6. Warranties and Liability
1. Subject to the Conditions set out below the Contractor
warrants that the Works shall be carried out with
reasonable care and skill and within a reasonable time
and will be free from defects in material and workmanship
for a period of 12 months from the completion of the
Works, unless stated otherwise by the Contractor.
2.The above warranty is given by the Contractor
subject to the following conditions:
a) The Contractor shall be under no liability
in respect of any defect in the Goods arising
from any drawing, design or specification
supplied by the Customer.
b) The Contractor shall be under no liability in
respect of any defect arising from fair wear and
tear, wilful damage, negligence, chemical spillage,
colour fading, abnormal working conditions,
failure to follow the Contractor instructions
(whether oral or in writing), misuse or
alteration or repair of the Goods without the
Contractor approval
c) The Contractor shall be under no liability under
the above warranty (or any other warranty,
conditions or guarantee) if the total price for the
Goods has not be paid by the due date for
payment.
3. Subject as expressly provided in these
Conditions, and where the Services are supplied to a person
dealing as a consumer within the meaning of
the Unfair Contract Terms Act 1977, all warranties,
Conditions or other terms implied by statute or common law are excluded to the fullest extent as
permitted by law.
4. 4. Any claim by the Customer which is based on
any defect in the quality or workmanship of the
Services or their failure to correspond with the
specification shall be notified to the Contractor
within 14 days from the date of completion of
Works or (where the defect was not apparent
on reasonable inspection) within a reasonable
time after discovery of the defect or failure.
If the Customer does not notify the Contractor
accordingly, the Customer shall not be entitled
to reject the Services and the Contractor shall
have no liability for such defect or failure, and
the Customer shall be bound to pay the price
as if the Services had been supplied in
accordance with the Contract.
5. 5. Where any valid claim in respect of any of the
Services which is based on any defect in the
quality or workmanship of the Services or
their failure to meet specification is notified to the
Contractor in accordance with these
Conditions, the Contractor Shall be entitled to
make repairs free of charge or, at the
Contractor’s sole discretion, refund to the
Customer the price of the Services (or a
proportionate part of the price), but the
Contractor shall have no further liability to the
Customer.
6. 6. Except as provided above the liability of the
company shall not exceed the value of the Services.
eral7. General
1 1. Any notice required or permitted to be given
by either party to the other party at it's registered
office or principal place of business or such other
address as may at the relevant time have been notified
pursuant to this provision to the party giving notice.
2. No waiver given by the Contractor of any breach of the
Contract by the Customer shall be considered as a waiver
of any subsequent breach of the same or any other
provision.
3. If any provision of these Conditions is held by any
competent authority to be invalid or unenforceable in
whole or in part the validity of the provisions of these
Conditions and the remainder of the provision in
question shall not be affected thereby.
4. The Contract shall be governed by the laws of England
and the parties submit to the exclusive jurisdiction of the
English Court.