Broderik Engineering UK LTD, STANDARD TERMS AND CONDITIONS
Definitions: –
1.1 In this document the following terms shall have the following meanings: –
“BEUK” means Broderik Engineering UK Limited Company Registration Number 9025444 whose registered office is situated at Dunwood Hall, Longsdon, Stoke on Trent, Staffordshire, ST99AR
“The Customer” means the Party to this Agreement with BEUK
“Equipment” means the Equipment or Machinery requested to be attended to by the customer
“Technical Services” means fault diagnosis, repair, design, supply of parts and planned maintenance necessary to fulfil the initial request for assistance
“Standard Rate” charges published on our website. www.broderikeng.co.uk
Technical Services
2.1 BEUK will provide the Customer with Technical Services in respect of the Equipment on the following terms and conditions which, together with any customer details set out shall constitute the entire Maintenance Contract between BEUK and the Customer
Exclusion from Services
3.1 The Technical Services will not extend to:-
(a) modification or additions to the Equipment unless specifically agreed in advance between BEUK and the Customer
(b) items which in the opinion of BEUK can no longer be subject to economical maintenance or repair
(c) the repair or replacement of parts which BEUK requires to carry out away from the customers site but which the customer for security reasons or otherwise is unwilling to release to BEUK
Charges
4.1 Charges will be charged by BEUK to the Customer (to include all travelling costs from the engineers accommodation, within the mainland of the United Kingdom) at the following rates: –
(a) Between the hours of 6.00 a.m. and 8.00p.m. on Mondays to Fridays (excluding Public, Bank and Local Holidays) – Standard Rate
(b) Between the hours of 6.00 a.m. and 6.00 p.m. on Saturdays, Sundays – 1.5 x the Standard Rate
(c) All other times – 2 x the Standard Rate (unless agreed by prior negotiation )
4.2 All charges shall be paid by the Customer within thirty days of the date of any invoice submitted by BEUK to the Customer. The whole or any part of such charges not paid within the said period of thirty days shall bear interest at the rate of 4% above the Bank of England Basic lending rate from time to time until payment made in full.
4.3 Additional services (including emergency visits outside the hours specified in Condition 4.1 hereof) and the cost of replacement parts not covered by any parts warranty may be the subject of extra charges by BEUK.
4.4 BEUK will make additional charges to cover any other expenses incurred in execution of technical services on behalf of the Customer and a minimum charge of £110.00 will be made for any overnight stay.
4.5 If BEUK personnel are booked for a full day or greater in advance there will be a minimum charge of 8 hours standby time per day if no work is provided
4.6 BEUK may: –
(a) adjust its Charges from time to time subject to prior notice thereof being given to the Customer
(b) if the Customer does not pay any Charges on the due date as herein provided for, terminate any Contract with the Customer immediately and without notice or refuse to carry out any further Technical Services
4.7 BEUK charges are payable without any deduction or withholding of any kind but with the addition of Value Added Tax
The Customers Obligations
5.1 To facilitate the provision by BEUK of Technical Services the Customer
shall :-
(a) Give notice to BEUK of any movement of the Equipment or any additional modification or adjustment to it prior to the commencement of work
(b) Maintain and make available to BEUK records of the operation maintenance and any malfunction of the Equipment
(c) Provide at such times as BEUK reasonably requires and at no cost to BEUK all documentation software materials and services necessary for the maintenance and testing of the equipment access to the Equipment use of the Customers workshop (if appropriate) and repair facilities and the co-operation of the Customer’s personnel in diagnosing and overcoming any malfunction of the Equipment
(d) Where necessary provide to BEUK consumable materials of the correct specification (such as oils, filters etc) for fitting by BEUK
Sub Contract Services
6.1 BEUK may undertake the provision of sub-contract services with the additional terms and conditions:-
(a) The customer can request sub-contractor services at certain times but BEUK has the right to refuse and all such instructions are mutually exclusive and do not constitute an on-going contractual obligation.
(b) If BEUK has accepted an order to provide sub-contract personnel at certain times but subsequently finds that the BEUK personnel is unwilling or unable to perform their duties BEUK can arrange, at BEUK, own expense entirely, for another suitable person to provide the service on BEUK`s behalf.
(c) If BEUK has received a written or email order for to supply personnel for a full day or greater there will be a minimum charge of 8 hours standby time per day if no work is provided.
Liability
7.1 BEUK shall use its reasonable endeavours to repair and/or keep the Equipment in an efficient operating condition but shall have no liability at all for any loss or damage of any kind arising from any stoppage breakdown or failure of the Equipment however occasioned.
7.2 BEUK shall have no liability for any damage to the Customer’s property unless occasioned by BEUK’s negligence.
Replacement Parts
8.1 In the event that the Customer provides replacement parts for the Equipment the Customer shall warrant that such parts are in accordance with the Manufacturer’s specifications and are suitable in all respects for installation on the Equipment.
8.2 In the event that BEUK is requested to provide replacement parts it will use its best endeavours to obtain the same within a reasonable time but is under no liability to do so and shall not be responsible for any costs damages or losses suffered by the Customer as a result of the unavailability of such replacement parts.
8.3 Replacement parts which are obtained and provided by BEUK shall be charged to the Customer at a price fixed by BEUK and shall remain the property of BEUK until such time as payment for them has been made by the Customer in full.
Acceptance
9.1 Upon completion of the technical services, a BEUK service report will be issued via email. You have 14 days to raise a query in writing on anything contained within the report. If you do not contact us within the time frame, this constitutes completion of the technical services as stated in the said service report.
9.2 Upon receipt of invoice you will be granted a further 14 days to notify us in writing that the technical services are not in conformity with the contract. If you do not the customer is deemed to have approved and accepted the said technical services.
Force Majeure
10.1 If the performance of BEUK’s obligations under these conditions is prevented restricted or interfered with by reason of circumstances beyond its reasonable control then BEUK (upon giving prompt notice to the Customer) shall be excused from performance to the extent of the prevention restriction or interference but shall use its best endeavours thereafter to avoid or remove the causes of non-performance and shall then continue performance of its obligations under these conditions with the utmost dispatch whenever such causes are removed or diminished.
Not Assignable
11.1 The Agreement subject to these Terms and Conditions is personal to the Parties set out who may not.
