Terms and Conditions
1. The “supplier” shall be Stephen Milne and Darren Dicker t/a Bath and West Fire and Safety and shall not preclude any subsequent assignee(s) or successor(s) of the business.
2. The “service” shall be the supply and servicing of goods/equipment provided by the supplier and/or goods/equipment serviced/maintained by the supplier where requisition is made by (or for and on behalf of) the customer irrespective of title attributed to the goods/equipment:
3. The “equipment” shall relate to any tangible and/or ancillary items supplied/installed by the supplier.
4. A “unit” shall constitute a single piece of equipment, supplied by the supplier, together with any and all ancillary items associated with it.
5. The “customer” shall be:
i) The person or persons booking or ordering the service, or;
ii) In the case of a limited company, the company registered pursuant to the Companies Act 2006 (or any other enactment or legislation introduced as a supplement or consolidation thereof).
1. The “hirer” shall be used in context (where applicable) and shall, in any event, be construed to be the same as the “customer” aforementioned.
2. “Contract period” shall be the period commencing when the customer places an order for the supply of service by the supplier; the period shall include weekends and public/bank holidays.
3. “Hire period” shall be the period commencing when the customer formally submits a request to the supplier for the service and equipment by way of completing a hire agreement. The period shall encompass weekends and bank/public holidays.
4. “Day” or “days” shall be day(s) subject to a whole 24-hour period and shall include weekends together with public/bank holidays. For the avoidance of doubt, the definition of a day shall mean a period, commencing at 00:00:00 and ending at 23:59:59. Unless otherwise stated, a day shall not be dissected or calculated in accordance with the time of day any event occurs; neither shall the beginning of a day be calculated/commence from the time of day when notification/communication is received by the supplier from the customer (or vice versa), except/whereas the time of day is 00:00:00.
5. All prices herein – and/or pursuant to this contract - are net of VAT and, where appropriate, shall be subject to the prevailing rate of VAT.
1. There shall be no variation to the contract without express written authorisation being conveyed and incorporated by the supplier.
2. Inception of the contract shall take place when the request for the service is formalised by way of completion of the appropriate form; thereafter, and where applicable, the contract period shall be for a minimum of twelve (12) months from the date of inception.
3. Unless otherwise stated (either within these terms or within official documentation issued by the supplier) the contract period will automatically renew, in the absence of formal termination, as defined within the heading “TERMINATION” within these terms and conditions. In the event of renewal, these terms shall apply and the date of inception of the new contract shall be deemed as the renewal date.
4. This contract shall govern all transactions and dealings between the supplier and customer and the terms herein shall supersede any and all terms which the customer may attempt to convey or assert, regardless of any subsequent representation(s) made by the customer or any reliance the customer may seek based upon alleged verbal representation (verified or otherwise) made by the owners or employees of the supplier.
1. The supplier undertakes to carry out their obligation(s) in accordance with the type of service requested by the customer.
2. The supplier seeks to comply with critical dates stipulated - in relation to the equipment - for the duration of this contract.
3. The supplier will seek to assist the customer in connection with regulatory requirements pertaining to the equipment supplied (or any confirmed addenda thereto) for the duration of this contract and any subsequent renewal of the contract (in any event, in accordance with the express terms herein).
4. The customer confirms knowledge of the appropriate and safe storage/location/handling of the equipment and also confirms familiarity with its use in accordance with the Health and Safety at Work Act 1974 (including any subsequent amendment and/or consolidation to this Act) and/or any other enactment or legislation or governance pertaining to the safe placement, storage and handling of the equipment supplied/serviced by the supplier.
5. In accordance with paragraph 2 under this heading, the customer shall ensure that the supplier is not inhibited or restricted, in any way, in connection with the service and/or any regulation and/or warranty governing the safe use, placement and maintenance of the equipment.
6. The customer shall adhere to all authorised guidelines issued in respect of the equipment supplied.
7. GUIDANCE TO CLIENTS: Guidance is given to clients on the Certificate of Inspection to advise them of the Regulatory Reform (Fire Safety) Order 2005, which states that it is recommended that regular inspections of all portable fire extinguishers, should be carried out by a responsible person at intervals, at least monthly and preferably weekly to make sure that appliances are in their proper position and have not been discharged or lost pressure )in the case of extinguishers fitted with a pressure indicator) or suffered obvious damage e.g. missing or broken indicators.
8. The customer undertakes not to deface, obscure or remove any and/or all labels, signs, tags or stickers associated with, belonging to, placed upon or adhered to the equipment supplied by the supplier, which readily identifies the ownership of the equipment and/or provides critical date and/or inspection/servicing data. The customer further undertakes to notify the supplier immediately in the event of any damage or removal of the identification or information aforementioned, from the equipment, whether caused by the customer or any other third party.
9. The customer shall notify the supplier immediately in the event of damage, discharge, or fault occurring to any equipment or ancillary items belonging to the supplier. In the event that the contract relates solely to servicing of the equipment (and where title of the equipment has passed to the customer) the customer shall immediately notify the supplier of damage to, or discharge of, the equipment (or the contents therein) in any event.
10. The customer acknowledges that, at all times, they shall be ultimately responsible for ensuring the upkeep, proper usage, adequate placement, servicing, maintenance and compliance (regulatory or otherwise) pertaining to the equipment. 11. The customer shall, at all times, be responsible for the costs associated with the refilling/replacing of each unit.
1. The supplier warrants that the equipment shall be reasonably fit for its purpose upon supply:
2. The warranty shall continue for a period not exceeding 3 (three) months from the date of initial inception of contract and/or the supply of (or replacement of) the equipment, or, in the case of hire, the warranty shall be limited to the period of hire.
3. The supplier’s warranty shall not be extended to encompass or accommodate any aspect of the equipment covered by any manufacturer’s warranty; the supplier shall not be party to, or liable for, any such warranty, which has been issued by the manufacturer of the equipment, or any part thereof.
4. With the exception of hire, the customer shall be responsible for registering, direct with the manufacturer, in relation to any equipment subject to a manufacturer’s warranty. The supplier will not be held liable for any errors or omissions – whether on the part of the customer or the manufacturer - in this regard.
Hiring of equipment
1. The customer shall be responsible for arranging adequate insurance to cover the equipment supplied by the supplier; it is incumbent upon the customer to seek and confirm the quantified value of the equipment supplied for the purposes of insurance. The supplier will endeavour to quantify the value of the equipment, upon request, but shall not be held responsible for any shortfall or miscalculation of any kind, and, the supplier shall be compensated in full - by the customer - for loss and/or damage (rendering the equipment in a state of disrepair or resultant in significant loss in value - including write off) in accordance with the prevailing market value of the equipment supplied.
2. The period of hire shall initially be stipulated within the hire agreement and, where permissible, may be extended/renegotiated subject to the supplier’s discretion and availability/suitability of the equipment.
3. The customer shall be liable for the replacement value of the equipment in the event of enhanced or intense degradation and/or damage caused by indisputable neglect or carelessness on the customer’s part (or the act(s) of any third party) – wilful or otherwise. The supplier reserves the right to seek compensatory payment from the customer in respect of the stated replacement value of the affected unit(s) either before or after the culmination of the hire period.
4. The customer shall make available and make ready the equipment – and the supplier’s access to the equipment – for inspection at any time without hindrance, unauthorised relocation, or encumbrance of any kind.
5. The hirer shall not assert any claim of ownership to any of the supplier’s equipment in their possession.
6. The hirer shall immediately notify the supplier in the event that any of the equipment (or its contents) is discharged, either purposefully or accidentally.
7. In the event that any of the equipment develops a fault, the customer shall immediately notify the supplier; the supplier will – as a matter of priority – seek to remedy the fault and/or replace the equipment subject to the fault within fourteen (14) days of being notified by the customer. The supplier reserves the right to invoice the hirer £20.00 in respect of call out. It is the customer’s responsibility to ensure remedial action is taken and adequate safety measures are introduced for the entire duration of the decommissioning of the equipment, subject to the fault, and shall indemnify the supplier against all associated costs and liability.
8. The customer shall, at all times, be liable for the cost of refilling of all units.
9. At no time will any hire arrangement or agreement be subject to (or construed to be) a hire purchase agreement.
10. The customer shall, immediately upon receipt of demand made by the supplier, surrender all equipment and associated items and make it available for uplift.
1. The customer shall accommodate the supplier in relation to the servicing of all equipment supplied/provided by the supplier.
2. Where the customer cannot accommodate, or comply with, the supplier’s requested date and time for servicing the equipment, they shall, prior to the expiration of any statutory, obligatory or regulatory due date, ensure an alternative date (or range of dates) is delivered to the supplier for consideration and re-arrangement.
3. If the customer repeatedly fails to accommodate the supplier’s request for servicing, resultant in servicing not being carried out on one or more occasions, the associated fee(s), due to the supplier, shall be payable in any event and the total(s) due shall still be subject to, and determined by, the length of the contract in its entirety.
Risk and title
1. Risk, in relation to the equipment – irrespective of whether it is hired or sold, shall pass to the customer upon the inception of contract and/or the supply/replacement of the equipment.
2. The equipment shall remain the property of the supplier until the corresponding invoice has been paid in full.
3. In the case of hire, the equipment shall remain the property of the supplier indefinitely.
4. The customer shall not assert any claim of ownership, or make any accounting/balance sheet entry or include on any asset register, any equipment that belongs to the supplier, which purports it to be an asset belonging to the customer until title has passed in accordance with these terms and conditions.
5. In the event of any breach of these terms – including serious or repeated breach of the payment terms – and/or upon termination of the contract, the customer shall immediately surrender and make available all equipment which belongs to the supplier and, where necessary, permit, and/or facilitate, peaceful entry by the supplier into/onto any premises belonging to the customer or the property of any third party in possession of the equipment.
6. In the event of Insolvency or inability to pay its debts as and when they fall due, the customer shall not surrender or hand over any equipment (still belonging to the supplier) to any Insolvency Practitioner, or Administrator, or landlord, or person(s) administering the financial affairs of the customer; instead, the equipment shall be held in safe custody pending immediate uplift to be made by the supplier or its authorised agent.
1. Unless otherwise agreed or stipulated in writing by the supplier, payment is due within thirty (30) days of the date of each invoice, whereupon the customer shall pay the full gross amount of each invoice, owed to the supplier, without set off, counterclaim or deduction of any kind.
1. In the event of any breach of the payment term above the supplier reserves the right to:
i) Where the customer is acting in the course of business - charge Compensation, costs and Interest per invoice, pursuant to the Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2013.
ii) Where the customer is a private individual – charge interest equivalent to the amount calculated pursuant to Section 69 of the County Courts Act 1984:
iii) Seek the recovery of all costs associated with the utilisation of debt collection agencies and/or solicitors.
iv) Charge the customer £25.00 for any dishonoured, cancelled or unpaid cheque/direct debit.
1. Continued and/or serious breach of the supplier’s payment term(s) shall render the entire account outstanding (together with all future sums – not yet invoiced - in relation to the residual contract term) due by default and payable forthwith.
Limitations of Liability
1. If the supplier commits a fundamental breach of contract then the customer shall afford the supplier thirty (30) days to remedy the breach; in any event, and if the supplier ultimately fails to remedy the breach, the supplier’s liability shall be restricted to the value of the contract (notwithstanding the value of equipment sold to the customer).
2. The customer shall indemnify, and keep indemnified, the supplier from any and all consequential loss caused by death, injury, damage to equipment and property, acts committed by employees, contractors, third parties and/or agents or other parties appointed or engaged by the supplier, accident, equipment failure, loss of material, loss of business, loss of profit, loss of production, acts committed or unwillingness to co-operate by any employee/representative of the customer and/or any third party.
3. The Contracts (Rights of Third Parties Act) 1999 – including any subsequent amendment or consolidation - shall not apply to this contract.
1. Not less than 30 days prior to the expiration date of the minimum contract term, or the end of the period of hire (where equipment is hired), the customer shall notify the supplier, in writing, of their intent to terminate the contract upon its culmination. Thereafter, and upon culmination of the contract term, the customer (where the customer is a hirer and/or where title of the equipment remains with the supplier) shall surrender all equipment belonging to the supplier with immediate effect.
1. Any failure by the customer to comply with these terms and conditions, as a whole or in part, shall be a fundamental breach of the contract between the supplier and the customer and shall entitle the supplier, at its election, to terminate the said contract.
2. In the event of any breach of this contract by the supplier, the customer shall not be entitled to terminate the contract unless, having given the supplier notice to remedy the alleged breach within 30 (thirty) days, the supplier has failed to so remedy the breach.
1. In the event of termination of this contract for any reason whatsoever, the customer shall immediately pay to the supplier all sums due to the supplier by the customer (including all sums which would otherwise fall due pursuant to the contract as a whole).
2. This contract shall be terminated, by the supplier, with immediate effect in the event of the customer entering into any form of insolvency, pursuant to the Insolvency Act 1986 (or any other enactment or legislation having the same or similar effect and outcome), or, in the event that the customer seeks moratorium with its creditors, or, where detrimental public information (including county court judgments) is discovered by the supplier.
1. The supplier endeavours to fulfil their obligations associated with the service and/or supply of equipment requested by the customer; however, for reasons and events totally beyond the control of the supplier, aspects of the service/supply of equipment may not be fulfilled. The customer understands this and will not seek recompense, set off, deduction or any form of compensation from the supplier should this occur. Uncontrollable events include (but are not limited to):
i) War or threat of war.
ii) Criminal acts and/or terrorism.
iii) Civil disobedience/disorder/riots, strike, threat of strike and/or industrial action.
iv) Financial collapse.
v) Loss of power.
vi) Loss of data and/or computer failure.
vii) Adverse weather conditions/acts of nature.
viii) Traffic congestion.
xi) Structural failure.
xii) Local events/incidents and/or encumbrance.
xiv) Equipment breakdown/failure resultant in partial or total loss of safety and enjoyment.
These terms shall be governed by and construed in accordance with English Law and all parties to this agreement shall submit to the exclusive jurisdiction of England.