Terms
& Conditions of the Provision of Services
Below are our standard terms & conditions: |
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1.
General
Metro Engineering and Plating Works Limited (hereafter called
“Metro”) agrees to provide the services to the
items of the Purchaser and the Purchaser agrees to accept
the provision of the services to those items, which items
and services are specified in the attached invoice, upon several
terms and conditions hereinafter appearing.
2.
Variation
No variation of these conditions shall be effective unless
in writing and signed for and on behalf of Metro by a duly
appointed officer of the Company.
3.
Oral Representations
(a) Employees or agents of Metro
are not authorised to make any representations concerning
the services unless confirmed by Metro in writing. In entering
into the contract the Purchaser acknowledges that it does
not rely on, and waives any claim for breach of, any such
representations which are not so confirmed.
(b)
Any advice or recommendation given by Metro, or its employees,
or agents to the Purchaser, or its employees, or agents which
is not confirmed in writing by Metro is followed or acted
upon entirely at the Purchaser’s own risk, and accordingly
Metro shall not be liable for any such advice or recommendation
which is not so confirmed.
4.
Conditions and Warranties
(a) Except where the services
are provided to a person dealing as a customer (within the
meaning of the Unfair Contract Terms Act 1977), all warranties,
conditions or other terms implied by statute or common law
are excluded to the fullest extent permitted by law.
(b)
Any claim by the Purchaser which is based on any defect in
the quality of the services provided, or their failure to
correspond with specification shall (whether or not return
of the treated items is refused by the Purchaser) be notified
to Metro within 4 days from the date of return, or (where
the defect or failure was not apparent on reasonable inspection)
within a reasonable time after discovery of the defect or
failure. If return is not refused, and the Purchaser does
not notify Metro accordingly, the Purchaser shall not be entitled
to reject the services and Metro shall have no liability for
such defect or failure, and the Purchaser shall be bound to
pay the price as if the services had been provided in accordance
with the contract.
(c)
Where any valid claim in respect of any of the services which
is based on any defect in the quality of the services, or
their failure to meet specification, is notified to Metro
in accordance with these Conditions, Metro shall be entitled
to re-execute the services free of charge or, at the sole
discretion of Metro to the Purchaser, the price for the service.
(d)
Except in respect of death or personal injury caused by the
negligence of Metro, Metro shall not be liable to the Purchaser
by reason of any representation or any implied warranty, condition
or other term or any duty at common law or under the express
terms of the contract, for any consequential compensation
whatsoever (and whether caused by the negligence of Metro,
its employees or agents or otherwise) which arise out of,
or in connection with, the supply of the services except as
expressly provided in these Conditions.
5.
Quotations
Unless otherwise stated, all quotations issued by Metro are
valid for a period of 6 months from the date appearing on
the quotation document. Metro reserves the right to amend
the quoted price of any service or order should the order
for the service be received by Metro at their offices after
the 6 month period has expired. Any such changes will be notified
by Metro to the Purchaser prior to commencement of processing
treatment on the related items and the same values will form
the basis of the final invoice for the services.
6.
Minimum Order Charges and Premium Rate Services
A minimum order charge will apply.
7.
Supply
(a) Supply of the items to which
the services are to be applied to Metro shall be made by the
Purchaser depositing the items at Metro’s premises at
the time notified to the Purchaser by Metro or, if some other
place of supply is agreed by Metro, by Metro collecting the
items from that place.
(b)
If Metro is unable to take delivery of the items by reason
of a failure of the Purchaser to deliver the items, the Purchaser
shall be liable for any costs incurred by Metro consequent
upon the failure to deliver the items.
(c)
Any costs incurred by Metro consequent upon a discrepancy
between the items and the description of the items as supplied
by the Purchaser to Metro shall be refunded by the Purchaser
and Metro shall be entitled to treat the contract as repudiated.
(d)
Metro shall not be responsible for destruction or loss of,
or damage to, any item howsoever caused, unless due to the
negligence or wilful default of Metro or its employees or
agents.
(e)
No dangerous items may be supplied without the previous consent
of Metro and such items may, upon being discovered, be destroyed
or sold or otherwise disposed of as Metro shall think fit
and the balance of any monies realised by such sale after
paying the costs thereof, and incidental thereto, shall be
credited to the Purchaser.
8.
Return of Items
(a) Return of the treated items
shall be made by the Purchaser collecting the items at Metro’s
premises anytime after Metro has notified the Purchaser that
the items are ready for collection or, if a place for delivery
is agreed by Metro, by Metro delivering the items to that
place.
(b)
Any dates quoted for the delivery of the items are approximate
only and Metro shall not be liable for any delay in delivery
of the goods howsoever caused. Time for delivery shall not
be of the essence unless previously agreed by Metro in writing.
The items may be delivered by Metro in advance of the quoted
delivery date upon giving reasonable notice to the Purchaser.
(c)
Where the items are to be collected or delivered in instalments,
each delivery shall constitute a separate contract. Any failure
by Metro to deliver any one or more of the instalments in
accordance with these conditions or any claim by the Purchaser
in respect of any one or more instalments shall not entitle
the Purchaser to treat the contract as a whole as repudiated.
(d)
If the Purchaser fails to collect or take delivery of the
goods or fails to give Metro adequate delivery instructions
at the time stated for delivery (otherwise than by reason
of any cause beyond the Purchaser’s reasonable control
or by reason of Metro’s default) then, without prejudice
to any other right or remedy available to Metro, Metro may
store the items until actual collection or delivery and charge
the Purchaser for the reasonable costs (including insurance)
of storage.
9.
Force Majeure
Metro will not be held liable for any failure to perform any
obligation or service which failure is caused by situations
outside the direct control of Metro including for example,
but not limited to, act of God, industrial dispute, transport
delays and Government Act.
10.
Default
Metro reserves the right to cancel, at any time, any contract
with the Purchaser should the Purchaser default in any way
concerning any previous contract with Metro, particularly
in regard to late payment of invoices duly submitted.
11.
Payment
Payment for services offered by Metro shall be due 30 days
following the submission of invoices which will be made on
a regular basis throughout each calendar month concurrent
with the provision of the services. If the Purchaser fails
to make any payment on the due date then without prejudice
to any other right or remedy available to Metro, Metro shall
be entitled to interest (both before and after any judgment)
on the amount unpaid, at a rate of 2% per annum above the
National Westminster Bank plc base rate from time to time,
until payment in full is made.
12.
Liable Limit
Save as otherwise specifically provided the liability of Metro
for loss of, or damage to, the items of the Purchaser or in
respect of failure to perform any service or obligation arising
out of control is limited to a sum equivalent to three times
the price for the services supplied to that item exclusive
of VAT.
13.
Assignment
The Purchaser shall not assign any rights under this Agreement
without the consent of Metro in writing.
14.
Law
These terms and conditions are subject to English Law and
the Purchaser consents to the exclusive jurisdiction of the
English Courts in all matters regarding the service.
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