STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICES
In this document the following words shall have the following meanings:
1.1 "Customer" means any person who purchases Services from the Supplier;
1.2 "Supplier" means Compass Energy Solutions Limited of 3 Fordwater Close, New England, Halstead, Essex CO9 4BS;
1.3 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
3 PRICE AND PAYMENT
3.1 Payment of the price shall usually be paid prior to the Supplier furnishing calculations, assessments and reports to satisfy the relevant sections of Part L1A or L1B of the Building Regulations. Payment can be made by BACS or by cheque. Payment in arrears will be by prior agreement only.
3.2 Invoiced amounts shall be due and payable upon receipt of invoice. The Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8.00% above the base rate of the Bank of England.
3.3 There will be a separate charge for extra assessments, calculations and any additional material that is requested.
3.3 The Supplier will send report(s) to the customer. If any further copies are requested (whether they are paper, e-mail or fax) the Supplier shall be entitled to administer an additional charge.
3.4 The Supplier reserves the right to modify, update or run promotions on any service at any time. The Supplier reserves the right to change the price of any service at any time. Once a service has been ordered, the price shall remain fixed for the Customer. Under no circumstances shall the Supplier refund the difference should the price of that service decrease.
4 CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
4.1 Co-operate with the Supplier;
4.2 Provide the Supplier with any information reasonably required by the Supplier;
4.3 Keep the Supplier informed of any relevant changes made before or during the assessment;
4.3 Keep the supplier notified of their correct name, postal address and any phone, fax or e-mail information.
4.4 Comply with such other requirements as agreed between the parties.
5 SUPPLIER'S OBLIGATIONS
5.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
5.2 The Supplier shall provide suitable information required to satisfy the relevant sections of Part L1A or L1B of the Building Regulations in a format to satisfy such requirements.
5.3 Delivery of such correspondence from the Supplier to the Customer shall be made in a timely manner from date of completed assessment and receipt of payment.
5.4 Data protection: The supplier will not divulge the Customers details to a third party without the prior consent of the Customer.
6 LIMITATION OF LIABILITY
6.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.
6.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
6.3 The Supplier shall not be responsible for the Customer’s failure to follow any recommendations issued by the Supplier.
6.4 In the event that the Customer or any third party, not being a sub-contractor of the Supplier, shall omit or commit anything which prevents or delays the Supplier from undertaking or complying with any of its obligations under this Agreement, then the Supplier shall notify the Customer as soon as possible and:
- the Supplier shall have no liability in respect of any delay to the completion of any project;
- if applicable, the timetable for the project will be modified accordingly;
- the Supplier shall notify the Customer at the same time if it intends to make any claim for additional costs
6.5 The Supplier cannot accept liability for items lost in the post en route to Compass Energy Solutions Limited.
Returns/refunds policy: Where a Customer cancels their order after the Supplier has received the assessment material but not commenced any assessment, the Supplier shall offer the Customer a 100% refund. Where an assessment has commenced, there is no refund. The cost of returning any assessment material in either case will be the responsibility of the Customer. Both parties must return or destroy information received from the other if asked to do so.
8 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
Correspondence may only be used in the format in which the Supplier issues them, be it written form on paper, provided in an electronic format or in any other medium. Correspondence may not be used in any other format other than that supplied.
Customers may not at any time, without prior written permission of the Supplier, make copies or reproductions (in whatever form) of any assessments, reports or calculations. Where any such copy is considered reasonably necessary, the Supplier will provide written permission.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
In the first instance a dispute should be expressed in writing to the Supplier. Should a resolution not be reached, details of the Suppliers accreditation scheme will be made available.
12 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.