Terms & Conditions
- General: Our contract with you will be subject to the following conditions which will prevail should they conflict with any others, and which can only be varied or waived by a Director of AES Distribution Limited in
Writing. All prices quoted are exclusive of Value Added Tax, which is to be charged at the rate prevailing at the date of supply and/or installation. Unless otherwise advised to the satisfaction of AES Distribution
Limited all work will be considered standard rated and VAT charged accordingly.
- Price Fluctuation: Our quotation and proposals is based on the market prices and rates of materials, labour, Sub-contracts and transport ruling at the date of preparation. Our offer remains open for acceptance for thirty days from the date of our quotation, unless an extended validation clause is appended to our quotation. We reserve the right to amend the quoted prices and rates in order to meet any variations in these prices and rates due to legislation, Government Orders, Regulations, Directors, changes in the National Agreement covering wages and conditions in the industry or any other causes beyond our control occurring between the date of the quotation and completion of the contract. In the event that delivery/installation is later than three months from the date of our Acceptance of Order, we reserve the right to adjust our prices by the use of the NEDO price adjustment formula.
- Samples: All samples, leaflets, performance figures and other details, submitted by us in conjunction with a contract do not form part of the contract unless expressly stated. Should you claim that any such express terms of a contract are not fulfilled, you will in all cases give us a reasonable opportunity to try to bring about this fulfillment before you call upon us for recompense, the nature of which should be settled by agreement between us.
- Defects: Our quotation is based upon information and drawings supplied to us and our site survey, where this has been carried out, and has been prepared with reference to the design of the building and the purpose for which the building is designed or currently used. Where we give a guarantee this relates to the operation of equipment supplied by us and is conditional upon such equipment being properly installed, commissioned, serviced and maintained. Whilst every care is taken to ensure that the specification, design and operation of the equipment are satisfactory we cannot be liable for any direct or consequential loss, claim or damage which may be attributable to the use of our equipment, or which may arise out of it, or in the course of installation, except where this is covered by the indemnity set out in Clause 13.
- Delivery and completion dates quoted are based upon trading conditions prevailing at the date of our quotation, but should the time for delivery or completion have to be extended because of delays due to causes beyond our control, we do not accept any liability arising from such delays.
- Where a fixed time is agreed at award of our contract for delivery/completion and we fail to deliver/complete within that time or extension thereof granted in accordance with these conditions, our liability will be limited for each week or part thereof to liquidated damages at the rate of 1% of the value of our contract which has been delayed, or cannot be used in consequence of the delay, up to a maximum of 5% of our contract price. Such payment of liquidated damages shall be in full satisfaction of our liability for delay.
- Where goods have been manufactured to an agreed programme and the site is unable to accept delivery we shall require full payment for the goods offsite. In this situation a vesting certificate will be issued.
- Where the execution of the contract has been materially affected by any act, omission or default by you, your servants or agents, or by any other person employed by you, we reserve the right to recover any loss and expense thereby incurred.
- Delivery, Unloading, Storage, Site Distribution and Hoisting: Where we are required to deliver equipment to site, you will unless otherwise stated, arrange and bear responsibility for the cost of prompt unloading and for the stacking, storing, site distribution and hoisting of the equipment. Our prices do not include delivery to site, or cost of unloading unless otherwise stated. If the goods are damaged while being delivered but before unloading commences we will repair or replace them free of charge, provided you notify the damage to the carriers within three days and ourselves within seven days, from the date of delivery. In the event of a non-delivery of the whole or part of the consignment of goods, we cannot accept any liability unless you advise us of the shortage within seven days from the date of delivery in the case of a partial shortage, otherwise, within seven days from the date of delivery. Equipment on the site fixed or unfixed is at your sole risk and in event of any of the same being damaged, destroyed or stolen we shall be entitled to full payment therefore and also for any work damaged, destroyed or lost, and the cost of replacing any such equipment or reinstating or restoring. Any such work shall be charged as an extra provided that you shall not be responsible for any loss occasioned solely by the negligence of our employees.
- Terms of Payment: Applications for payment on account will be submitted monthly, based on an evaluation of work carried out and materials on site. You will pay to us the amount shown on the Application within twenty-eight days of the date of the Application or within thirty days of the date of invoice. Discounts and retention may only be deducted with our prior agreement.
- Interest on Overdue Accounts: We reserve the right to charge interest at the rate of' 8% per month above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts Act 1998, on any amounts not paid on the due date until the date that the payment in full has been received by us.
- Site Equipment: Unless otherwise stated you will arrange at your expense for the supply and erection of all the necessary ladders, scaffolding hoists, lifting tackle,
cranes, tarpaulins, dust sheets and protective sheets and any other equipment that our engineers and sub-contractors may reasonably request on site to enable them to
carry out the contract works. In accordance with the recommendations of British Standard Code of Practice CP 1017, our engineers and/or sub-contractors use 110v
hand tools. Where a 110v supply is not available, a supply of 240V/1ph/50hz will be required in the vicinity of the working area/s and the voltage will have to be reduced
by portable transformers.
- Builders Work: We have made no allowance for preparation and weathering openings, curbs, provision and installation of supporting steel-work, electrical power or control wiring, general builders work, clearing away and any other general work, unless otherwise stated in our quotation.
- Installation Work: Our price for work involving installation is made on the basis that the work can be carried out in the course of one continuous visit to site and during normal working hours without interruption other than by a weekend. An exatra charge will be made to cover the cost of any additional time, travelling and other expenses if this situation does not prevail.
- Compliance with Regulations: You will make all arrangements to comply with and satisfy yourself that the use and performance of the installation and equipment, supplied by you, will comply with every applicable Statute, Bye Law or other lawful requirement of the Government, Local Authority or Competent Authority or Body including, but not limited to, the obtaining of all necessary licences, permits or other consents which are or may be required in connection with the performance of the contract and the use of the installation and equipment, including ensuring that the building/structure is able to accept the (live) weight of the equipment to be installed unless otherwise stated. With heaters it is essential that an adequate air supply is always available and you must ensure that at all time, re-circulated/fresh air and combustion air inlets are kept free of all obstructions and that materials are not stacked in the vicinity of the heater(s).
- Injury to Persons and Property and Indemnities: We shall indemnify you against any liability, loss, claim or proceedings arising at Common Law which may be occasioned by our negligence or defective workmanship or that of our servants and agents in respect of death or injury to persons or damage to property arising out of the installation of equipment. You shall indemnify us against any liability, loss, claim or proceedings arising out of the installation of the equipment from any other cause. You warrant also that all ladders, scaffolding, hoists, lifting tackle, cranes, tarpaulins, dust sheets and protective sheets and any other equipment supplied for our use are suitable for the purpose required and conform with every applicable current Statute, Bye Law or other lawful requirement of the Government, Local Authority or other Competent Authority or Body and in particular with the Building (Safety, Health and Welfare) Regulations in force at the time.
- Works by Others: No liability will be accepted for equipment failures where ancillary services to equipment have been incorrectly fixed, connected, wired or disconnected by others prior, during or following the works and we reserve the right to recover from you any costs incurred as a result.
- Extras: Where our prices are based upon the particulars supplied by you any additional work or materials required which were not apparent from those particulars, will be the subject of an extra charge.
- Cancellation: Equipment is manufactured to the design and specification of each order, and unless cancellation instructions are received by us in writing prior to the date of our Acceptance of Order, the full contract value is payable. If because of exceptional circumstances we grant an allowance following the late receipt of the cancellation notice, such allowance will be at our sole discretion.
- Sub-contract: We reserve the right to sub-contract all or any part of the contract at our sole discretion.
Revocation: Should you:
- fail to make payment of any amount due notwithstanding that it may be in dispute or,
- if a natural person dies, be certified mentally incapable, become insolvent, commit an Act of Bankruptcy, or have a receiving order in Bankruptcy made out against you or,
being a company, go into liquidation whether compulsory or voluntary, other than for the purpose of and followed by amalgamation or reconstruction, or have a Receiver appointed over any part of your business or assets, then we reserve the right:
- to treat all sums due or to become due from you to us on any account whatsoever as immediately payable, and
- to cancel any contract we have with you or to cancel or suspend delivery of goods and materials, execution of work and
- to enter on your site(s) and remove any of our property.
- Right to Recover: Goods supplied shall remain our properly until paid for, and so long as goods remain our property we reserve the right to remove them at any time.
- Intellectual Property: Our Specification and Estimate together with associated documents and plans are based upon the research, development and practical application experience gained over many years, which have resulted in products and equipment supplied by AES Environmental Systems Limited being protected by intellectual property in the form of third parties patents, trademarks copyrights and designs. in accordance with the provisions of the Copyright, Designs and Patents Act 1989 all information given is confidential and is to be used for the purpose for which it is supplied and shall not be disclosed in any form without our prior written consent whilst we reserve all rights in respect of the intellectual property.
- Law and Arbitration: These conditions on this contract shall be construed and governed in all respects in accordance with English Law and the English Courts shall have exclusive jurisdiction over them. If any dispute or question between us cannot be settled by agreement it shall be referred for determination to a single referee pursuant to the provision of the Arbitration Act 1950 as amended by the Arbitration Acts 1975 and 1979 or any statutory modification or re-enactment thereof for the time being in force, but should we not be able to agree upon the appointment of the referee he shall be appointed by the President of the Law Society of England.