Spark Eroding. Co. UK
Mobile Spark Erosion Services
by
Pear Tree Engineering
We only work on the strict understanding that these conditions are understood and agreed.

Terms

CLAUSE I : GENERAL

1.      1.       These terms shall be part of the contract when parties have agreed thereon and  Pear Tree Engineering, has been sent confirmation in writing, or been given verbal instructions.

2.      2.       These conditions shall not be amended save with the written consent of the parties.  They supersede all agreements made between the parties before entering into this contract.

3.      3.       If the Customer is not the owner, or not the sole owner of the plant to be repaired, he shall when placing his order, inform  Pear Tree Engineering thereof in writing.  He shall have obtained the prior consent in writing of the owners to have the repairs effected and shall indemnify Mobile Spark Erosion Services against any claims whatsoever arising out of such failure.  The customer shall forthwith notify  Spark Erosion Services in writing of any changes in the status of ownership that may occur after the commencement of the contract.

4.      4.       The Customer shall indemnify  Pear Tree Engineering against any third party claims based on infringement of industrial property rights unless Pear Tree Engineering knows or should have known of the infringement. 

CLAUSE II : SCOPE OF REPAIR WORK

1.      1.       Save as otherwise agreed in writing the scope of the repair work shall consist of the following

a)         Spark Erosion Service's inspection of the plant to be repaired, and

b)       Carrying out the repair work by  Pear Tree Engineering.

2.      2.      Pear Tree Engineering shall decide where the repairs shall be carried out, on the Customers premises or elsewhere   

3    3         Pear Tree Engineering may not guarantee the success or otherwise of the repair work, and although extreme care is taken to limit or prevent damage to parent material, some may occur, and all charges will still apply.

4                Pear Tree Engineering for any damage to component upon which work is undertaken is limited  to the charge for working hours only, expenses will still be charged. When any danger of damage to the component, we will agree with the customer before undertaking any work, such damage incurred will be the responsibility of the customer.

5                Ultimate responsibility for the suitability of the component and is fitness for the purpose of use after repair by  Pear Tree Engineering rests with the customer, who shall  satisfy himself as to suitability, and  no liability whatsoever will lie with Pear Tree Engineering or its staff.

CLAUSE III : PAYMENT WHEN REPAIRS ARE NOT CARRIED OUT OR COMPLETED.

If the repair work is not carried out or completed for reasons for which Pear Tree Engineering is not responsible especially because but not limited to :-

a)     a)       The customer decides that the repair work shall not be done or continued by Pear Tree Engineering or;

b)     b)       Another defect has appeared during the inspection carried out by the Pear Tree Engineering or later upon commencement of the repair, or,

c)      c)        If the defect is found to be incapable of repair;

d)     d)         Pear Tree Engineering is prevented for ANY reason from entering the customer’s premises or starting or completing the repair.

e)     e)       If repairs to any component delivered to Pear Tree Engineering cannot be completed for any reason, postage and delivery charges will still be applied to the customer. 

f)    f)         If the full tap, extractor or stud or whatever cannot be removed for any reason, Pear Tree Engineering will be entitled to all expenses and call out and daily charges plus a negotiated charge for the work done.

  Engaging the services and calling out to the customer's premises indicates
full acceptance of these terms.

CLAUSE IV : PRICING

1..           Pear Tree Engineering shall be entitled to be paid for work performed according to their current rates.  They shall be reimbursed by the Customer for all other expenses (e.g. packing and transportation costs) actually incurred.  Any price estimate given by Pear Tree Engineering in respect of the repair price shall not limit the payment, which Pear Tree Engineering is entitled to recover under this provision.

2.            The prices of the quotation shall be exclusive of value added tax, and, unless otherwise agreed, any other taxes, or expenses seen or unseen, which may have to be added later.

3.         Extra work over and above the work initially agreed which is found on inspection or later will be charged extra to initial quotation or agreement.

4.           Delays or interruptions to Pear Tree Engineering causing an increase in time to complete the repair and finish, will incur extra charges at the  usual rate.  

5          Estimate for repair is only an estimate, and is subject to re-appraisal on inspection of work to be done, and may incur an extra charge

6          Cost of repairs is based upon number of hours spent upon the task and starts upon the arrival of Pear Tree Engineering's operative on the customer's premises, until completion, plus travelling and preparation times, plus  ALL expenses.

7          Overtime and standby charges may apply.

8          Mileage on estimate to be confirmed and may be altered AFTER completion of ALL journeys.

9           Reduced voltage supply causes a lower output from eroding machines, and  results in extra chargeable time to complete the work.

10        Time taken by induction to customer's Health and Safety course to be included in operative's total time.

11        No reduction in charges for delays caused by customer's failure to provide adequate facilities as detailed, ie: facilities, safety, water, electricity etc..

 CLAUSE V : PAYMENT

1.             Payment in full, without any discounts or allowances on the price, shall be made not later than 10 working days following completion of the work, unless otherwise agreed.

2.            The Customer is not entitled to withhold or set off against any payment due to the Mobile Spark Erosion Services on the basis of claims against them.

3.            If the account is unpaid after 30 days, extra charges may be included.

 CLAUSE VI : SUBCONTRACTING

Pear Tree Engineering shall be entitled to subcontract the work or any part thereof to a third party provided that he notifies the Customer thereof.  He shall notify the Customer of the third party’s name and address.  Subcontracting shall not affect Pear Tree Engineering's obligations and liabilities under the contract

 CLAUSE VII : TECHNICAL DOCUMENTATION

The Customer shall supply the technical documentation necessary for carrying out the repairs.  He shall also supply his operation and inspection logs or correspondence documents.  The documentation shall remain the property of Pear Tree Engineering, and shall not be used by Pear Tree Engineering or any Subcontractor other than for the purposes of the repair work.

 CLAUSE VIII: COOPERATION AND TECHNICAL ASSISTANCE BY THE CUSTOMER WHERE REPAIRS ARE CARRIED OUT ON THE CUSTOMER’S PREMISES

1.      1.       The Customer shall ensure that Pear Tree Engineering's personnel are not exposed to health hazards or risks of safety during the repair work.

2.      2.       The Customer shall notify Pear Tree Engineering in full of the safety regulations, which the Customer imposes on his own personnel and Pear Tree Engineering shall secure the observance by his personnel of such safety regulations.  If breaches of these regulations come to the notice of the Customer, he must inform Pear Tree Engineering forthwith.  The Parties shall inform each other in full of any special dangers, which the execution of the repair works, may entail.

3.      3.       Unless otherwise agreed the Customer shall, at his own expense, provide the Contractor with the following assistance:

a)            Make available to the contractor during the period of repair such reasonable amount of skilled and unskilled labour and supervisory persons in his services as Pear Tree Engineering may find necessary for carrying out the repair work, including connecting and disconnecting any electrical supply.

b)           Carrying out all building, bedding and scaffolding work, as may be reasonably required for the performance of the contract.

c)             Making available all cranage, heavy tools and other necessary equipment, as may be reasonably required for the performance of the contract.

d)          Provide constant good supply of such heating, lighting, fuel, power, compressed air, water, including all necessary supply points as may be reasonably required for the performance of the contract, including removal of waste water.

e)           Placing at the disposal of Pear Tree Engineering's personnel lockable dry rooms necessary for storing its tools and equipments.

f)              Placing at the disposal of the Contractor’s personnel suitable facilities, including washing and first-aid facilities.

4.             The assistance and documentation to be provided by the customer under VII and VIII 3 above shall ensure that repairs may be started at the agreed time and carried out without delay.

5.          Delays caused by non-compliance with the above requirements will incur extra charges at the contractor’s usual rate.

6.     Comply with ALL necessary terms as set out on requirements page.  

7.     Organise if needed suitable hotel accommodation for overnight stays.

 CLAUSE IX : TRANSPORT OF COMPONENTS  AND RISK OF LOSS AND DAMAGE TO PLANT WHERE REPAIRS ARE CARRIED OUT ELSEWHERE THAN AT THE CUSTOMER’S PREMISES

1.      1.       The risk of loss or damage to components  while outside the Customer’s premises for the purpose of repair and during transport, shall be borne by the Customer unless such loss or damage is due to the negligence of Pear Tree Engineering.

2.      2.       The Customer shall give at least seven calendar days notice in writing to Pear Tree Engineering about the time and means of the transport of the item to be repaired to the Customer’s premises.

3.      3.       Where the Customer delays in taking delivery of the repaired plant, Pear Tree Engineering shall arrange suitable storage at the Customer’s expense.

 CLAUSE X : TIME FOR COMPLETION

1.      1.       A time quoted for completion cannot be given owing to the uncertainty of the nature of the performance of the equipment on any particular work piece; an estimate will be given, which can vary, though we will do our best.

2.      2.       The repair work shall be considered to be complete, when the item is ready for use  or for being tested or completed by the Customer, or otherwise agreed with the customer.

3.      3.       Pear Tree Engineering is entitled to an extension of  time for completion and for extra fees in the event of:

a)     a)       any additional orders for repair work being given by the Customer and accepted by Mobile Spark Erosion Services, or;

b)     b)       any agreed extensions of the scope of the work, or;

c)      c)        any cases of relief under clause XV, or;

d)     d)       the Customer being in default of any of his obligations.

e)     e)       Delays caused by non-compliance with above conditions or terms as set out on requirements page.

 CLAUSE XI : TAKING-OVER REPAIR WORK

1.      1.       Pear Tree Engineering shall notify the Customer when the repair work is completed.  The Customer shall then forthwith carry out inspections of the repair work and all such tests that may be provided for in the contract.  After having carried out such inspections and/or tests the Customer shall, if he finds the work satisfactory, accept the repair work.  The Customer is not entitled to refuse taking-over because of defects of a minor nature which do not affect the operation of the plant or the effectiveness of the work.

2.      2.     Taking-over is deemed to have occurred when Pear Tree Engineering has left the premises.

3.      3      Return visits by Pear Tree Engineering will incur extra charges unless otherwise agreed.

 CLAUSE XII : RESERVATION OF TITLE

Until receipt of all payments to be made under the contract, Pear Tree Engineering retains the property in all accessory parts, spares or replacements employed to the extent permitted by the law of the country where the repaired plant is situated.

 CLAUSE XIII : DEFECTS LIABILITY

1.      1.       Pear Tree Engineering shall not be liable for any defects in the work piece which prevent it’s normal use. Pear Tree Engineering is responsible ONLY for the removal of any broken drill, extractor or tap etc, and not for any collateral damage to the work piece or parent material whilst so doing.

 CLAUSE XIV : LIMITATION OF LIABILITY

1.      1.       Pear Tree Engineering shall not be liable for any damage to the property caused by or during the removal of any broken item, the electrode may cause damage or marking to the parent material, but extreme care will be taken to try prevent this.

      2.      After removal of tap, drill, stud or other, a wire insert may be needed to reclaim any damaged threads, which Mobile Spark Erosion Services may be able to do at extra cost.

        3.        After completion of all work, it shall be the SOLE responsibility of the customer to ascertain that the component is fit for the purpose intended, and NO liability shall attach to Pear Tree Engineering in the event of ANY subsequent failure, and any collateral damage so caused.

Pear Tree Engineering will try to explain any possibility of damage before working, and will only work with the permission of the customer, verbally or in writing.

Pear Tree Engineering only works within the strict limits of these conditions.

 CLAUSE XV : RELIEFS (FORCE MAJEURE)

1.      1.       The following shall be considered as cases of relief if they occur after the agreement and impede its performance, industrial disputes and any other circumstances beyond the control of the parties, such as fire, mobilisation, war, requisition, embargo, currency, restrictions, insurrection, shortage of transport, unavailability of materials and restrictions in the use of power.

2.      2.       The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing without delay on the intervention and on the cessation thereof.

3.      3.       If, by any reason of any of the said circumstances the performance of the contract within a reasonable time become impossible, either party shall be entitled to terminate the contract by notice in writing to the other party.  In the event of such termination Pear Tree Engineering shall be entitled to payment for repairs he has carried out.

 CLAUSE XVI : APPLICABLE LAW

This contract shall be governed by and construed in accordance with English law and the Customer hereby submits to English jurisdiction.

 CLAUSE XVII : ARBITRATION

All disputes and differences arising in connection with this contract shall be referred to arbitration in London.  Unless the parties agree upon a sole arbitrator, one arbitrator and the reference shall be to a three-man tribunal thus constituted.  If one party fails to appoint an arbitrator for two weeks after the other party having appointed his arbitrator has by telex, letter, fax or other written communication called upon the defaulting party to make the appointment then the arbitrator appointed shall become sole arbitrator in default and the reference shall be to a tribunal thus constituted.  

Clause XVIII : HOURS OF OPERATIVE'S WORK

a)     Operative's hours of work commence at the start of the journey to the customer's premises for a total of 12 (twelve) hours, including breaks, whereupon he will retire to suitable overnight accommodation, which shall be arranged by the customer in good time, and the cost of which shall be borne by the customer, to include Health and Safety course induction if needed.

b)    If the work can be finished, the operative will work for a total of 16 (sixteen) hours that day, if he can return to base within that time.

c)   Overtime  rates shall apply after 8 hours of normal working time up to 12 hours in that day, double time  Sat  pm and Sunday, Bank Holidays etc extra.

d)    The operative may work more hours subject to agreement, but accommodation may still be required, and stand down charges will apply.

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