Member Federation Self Employed and Small Businesses since 1985
Spark Eroding. Co. UK
Mobile Spark Erosion Services
1, Thirlmere Road,
Golborne,
Warrington, Lancs.,
WA3-3HH
Tel..01942-715528
(please try first)
Mobile 07704-148667
( please do not leave messages on mobile, but call again if no answer)
We only
work on the strict understanding that these conditions are understood and
agreed.
Terms
1.
1.
These terms shall be part of the contract
when parties have agreed thereon and Spark Erosion Services, 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 Spark Erosion Services 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 Spark Erosion Services against any third party
claims based on infringement of industrial property rights unless Mobile Spark Erosion Services knows or should have known of the infringement.
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 Spark Erosion
Services.
2.
2.
Mobile Spark Erosion Services shall decide where the repairs shall be
carried out, on the Customers premises or elsewhere
3 3 Spark Erosion Services 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 Mobile Spark Erosion Services 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 Spark Erosion Services rests with the customer, who shall satisfy himself as to suitability, and no liability whatsoever will lie with Mobile Spark Erosion Services or its staff.
If the
repair work is not carried out or completed for reasons for which Spark Erosion Services 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 Spark Erosion Services or;
b)
b)
Another defect
has appeared during the inspection carried out by the Mobile Spark Erosion Services or
later upon commencement of the repair, or,
c)
c)
If the defect is found to be incapable
of repair;
d)
d)
Spark Erosion Services is prevented for ANY reason from entering the customer’s
premises or starting or completing the repair.
e) e) If the full tap, extractor or stud etc cannot be removed for any reason,
f)
f) If repairs
to any component delivered to Mobile Spark Erosion Services cannot be completed for any reason,
postage and delivery charges will still be applied to the
customer.
Then Spark Erosion Services is entitled to apply all expenses, plus all charges.
1.. Spark Erosion Services 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 Mobile Spark Erosion Services in respect of the repair price shall not
limit the payment, which Mobile Spark Erosion Services 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 Mobile Spark Erosion Services causing an increase in time to
complete the repair and finish, will incur extra charges at the contractor’s 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 Estimate of cost of repairs is based upon number of hours spent upon the task and starts upon the arrival of Mobile Spark Erosion Service's operative on the customer's premises, until completion.
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
Mobile Spark Erosion Services 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 Mobile Spark Erosion Service'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 Mobile Spark Erosion Services, and shall
not be used by Mobile Spark Erosion Services 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 Mobile Spark Erosion Service's personnel are not exposed to
health hazards or risks of safety during the repair work.
2.
2. The
Customer shall notify Mobile Spark Erosion Services in full of the safety regulations, which
the Customer imposes on his own personnel and Mobile Spark Erosion Services 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 Mobile Spark Erosion Services 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 Mobile Spark Erosion Services 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 Mobile Spark Erosion Service'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 Mobile Spark Erosion Services.
2.
2. The
Customer shall give at least seven calendar days notice in writing to Mobile Spark Erosion Services 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, Mobile Spark Erosion Services
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. Mobile Spark Erosion Services 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. Mobile Spark Erosion Services 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.
2.
2. Taking-over
is deemed to have occurred when Mobile Spark Erosion Services has left the premises.
3.
3 Return visits by the contractor
will incur extra charges unless otherwise agreed.
CLAUSE
XII : RESERVATION OF TITLE
Until receipt of all payments to be
made under the contract, Mobile Spark Erosion Services 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. Mobile Spark Erosion Services 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. Mobile Spark Erosion Services 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.
Mobile Spark Erosion Services will try to explain any possibility of damage before working, and will only work with the permission of the customer, verbally or in writing.
Mobile Spark Erosion Services 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 Mobile Spark Erosion Services 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 14 (fourteen) hours that day, if he can return to base within that time.
c) The operative may work more hours subject to agreement, but accommodation may still be required, and stand down charges may apply.
1, Thirlmere Road,
Golborne,
Warrington, Lancs.,
WA3-3HH
Tel. 01942-715528
Member Federation Self Employed and Small Businesses since 1985