Terms and Conditions
“Company” means Simpology UK Ltd and, other that in respect of obligations assumed by the Company hereunder shall include its employees, agents & sub contactors.
“Customer” means The Concerto Group
“Equipment” means the equipment specified in the maintenance schedule.
“Premises” means the location where the equipment was installed.
2. SUPPORT, MAINTENANCE, SUPPLY AND REPAIR
(a) The Customer shall notify the Company in writing as soon as possible of any fault in the Equipment or of any work or repair or maintenance that may be necessary. The Customer may notify the Company verbally of any such faults, but the Company accepts no responsibility for non-performance of its maintenance liabilities if verbal notification is not confirmed in writing.
(b) The Company shall, as soon as it is reasonably practical, carry out during it’s normal business hours work as required. Maintenance of and repairs or replacement to the Equipment which may be requested by the Customer and which may be necessary as the result of fair ware and tear arising from the proper operation of the Equipment. Such maintenance, repairs and replacements may be carried out at the Premises or at the Company’s workshop at the option of the Company. Any additional maintenance, repairs or replacements or service visits not occasioned by the Equipment (for example trunk line faults) shall be carried out at the Customers expense at the Company’s then current charges.
(c) All equipment and services supplied by the Company will remain the in the ownership of the Company until all outstanding amounts of monies are paid in full. At this point ownership shall transfer to the Customer.
The Equipment shall not be moved, interfered or tampered with by the Customer and the Company will at all times comply with all reasonable directions given by the Company in relation to the operation of care of the Equipment, Maintenance, repair, replacements, alterations and additions to the Equipment may only be carried out by the Company.
4. LIABILITY OF THE COMPANY
(a) The Company shall not be liable for any loss or damage suffered by the Customer, except when it arises through the wilful default of the Company or (in respect of death or personal injury) through its negligence. The Company shall not be liable whether such loss or damage is direct, indirect or consequential, however it arises, including (but with our prejudice to the generality of the forgoing) loss or damage due to failure of electricity supply or attributable to fluctuating mains, outside electromagnetic interference or any fault in public network lines or equipment or an failure by the Customer to operate the Equipment properly. For the purposes of this sub clause, indirect or consequential loss or damage shall include (with out prejudice of the generality thereof) loss of profits or income or business of what so ever kind.
(b) In the event that, not withstanding the provisions of sub clause (a) above, the Company is held liable in respect of loss or damage to property or death or personal injury, the liability of the Company shall in no event exceed the sum of £250,000 in respect of any one claim (or series of claims arising from the same event), which some is related to the amount for which the Company is reasonably able to obtain insurance on reasonable commercial terms taking in to account, inter alia, the resources available to it and the nature of the risk concerned. The above is not to be taken as an assumption of liability by the company in circumstances where it would not be otherwise legally liable.
5. CONTINUATION OF CONTRACT
This contract will continue after the first 12 months by mutual consent of the Company and Customer.
6. SUPPORT / MAINTENANCE CHARGE
The Customer shall pay to the Company Monthly in advance the support charges specified in the quotation or in any subsequent variation thereof. (Maintenance charges will be paid yearly in advance) The Company will adjust the Support / Maintenance charge with the effect from the 1st quarter and subsequent yearly anniversaries of the date of this agreement. Such adjustment(s) will be directly proportionate to the increase or decrease in the index of retail prices published by the department of employment (or changes of workload and or services requested by the Customer).
7. FORCE MAJEURE
The Company shall not be liable for any delay in the execution of any work of Support, Maintenance, repair, replacement, alterations, addition, removal or any other work of or to the Equipment due to any circumstances beyond the Companies reasonable control.
This agreement shall be conditional on acceptance by the Company. Such acceptance will be signified by this agreement being duly signed on behalf of the Company. A copy of the agreement duly signed on behalf of the Company, will then be sent to the Customer.
The Customer may assign this contract with the prior written consent of the Company which shall not be unreasonably withheld but which shall not me given unless (a) the Customer and the proposed assignee sign the Company’s standard transfer agreement and (b) the Customer has paid all sums accrued to the Company and the Company’s then current fee in respect to transfer costs.
10. VERBAL ARRANGEMENTS
No terms or representations other than those embodied within this agreement shall be binding on the Company and the Customer acknowledges that he has not accepted the conditions overleaf or entered in this agreement in reliance on any such terms or representations. No variation or modification of this agreement shall be effective unless accepted by the Company in writing.
11. GOVERNING LAW
This agreement shall be governed by and construed in accordance with English Law.
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