Polyteck undertake the system listed in Part C at the site for the Client during normal working hours between 08:00am – 17:00pm Monday to Friday unless detailed to the contrary. Plant items not detailed are not included in the Agreement. Maintenance is the keeping of plant in working order to minimize breakdown and deterioration. It does not mean the improvement or repair of plant from the state found at the commencement of this Agreement or at any other time, although improvements and repairs can be carried out as additional chargeable items, as detailed in Part B.
The period of the Agreement is from the date agreed (herein called Agreement Start Date) and will remain in force continuously for a minimum of one year and thereafter will automatically be renewed each year, unless the Client shall give 3 months written notice before the anniversary of the Agreement Start Date to terminate. After the 1st year the contract can be terminated given 1 months notice.
In the event that the Client believes the performance of work is not adequate the client shall send a written notice of complaint, giving Polyteck 10 working days to rectify. If in the opinion of the Client the complaint is not rectified the maintenance agreement can be terminated given 30 days notice.
Payments shall be quarterly in advance of the respective period. Invoices shall be paid within 30 days of the date of the invoice. If any payment is overdue by 7 days (i.e. 37 days from date of invoice) Polyteck will have the right to terminate the Agreement immediately. The annual basic price shall be reviewed annually during the Contract Period in accordance with H.M. Government Retail Price Index.
The Client undertakes to provide free of charge for Polyteck staff (a) reasonable use of telephone in connection with this agreement (b) washing/toilet facilities (c) use of lifts (d) tea/coffee facilities (e) car parking facilities (f) safe and reasonable means of access to the Plant without the need to move any furniture and in accordance with the Health and Safety at work Act 1974. Withdrawals from site for health and safety reasons shall not constitute a breach of this Agreement by Polyteck.
The Client is to honor the reasonable purchase of consumables and spares by Polyteck, and any repair work undertaken without the Clients previous instructions to the maximum value of £500.00 plus VAT for any single invoice. In some instances, the Clients may receive prior notice of expenditure known as a COI (Confirmation of instruction). The purpose of this clause is to reduce minimum the need for ‘paperwork’ and correspondence and at the same time giving the Client an efficient and more economical service than would otherwise be the case if for example, Polyteck had to return and make a special visit to carry out a repair.
Insurance and Liabilities.
Save by its own negligence, Polyteck shall have no liability for any loss or damage caused by/ arising out of any Act of Government, strike, lock out, industrial dispute other than within Polyteck, theft, riot, civil commotion, fire, flood, malicious mischief, storm, explosion, outbreak of hostilities, shortage of fuel or materials, act of God, or any other cause beyond Polyteck’s reasonable control.
Save by its own negligence, Polyteck shall have no liability for any loss, damage or delay caused by any malfunctioning of or defects in failure of any of the Clients plant.
Without prejudice to any of the foregoing, (i) Polyteck’s total limitations or liability under this agreement shall under no circumstances exceed £10,000,000.00 (five million pounds sterling) and the Client shall identify and hold harmless Polyteck from any amount in excess thereof, and (ii) Polyteck shall be liable to the Client for:
Any loss of use of profits or contracts or productionAny plant not made available at the time of the service visit.
Any warranties only become effective when the client has paid all sums due in full.
This agreement constitutes the entire Agreement and statements not continued herein shall not be binding unless specifically agreed in writing. This agreement shall be constructed in all respects with English Law. Any dispute or difference arising under this Contract shall be subject to the exclusive jurisdiction of the English Courts.
A 24 hour emergency callout number is issued to all Contract Customers. The company undertakes to attend site where possible in the event of a breakdown within the time-frames outlined in Section 4. Please note; callouts and parts (where applicable) will be charged for in addition, at the company’s contract prices.
Additional charges will be made for repairs, alterations and additional works, including time wasted by a difficulty or delay in obtaining access or interruption of work, or late cancellation (same day) or prearranged visit, and for work done at customer’s request, outside of normal working hours. Such charges will be made at the Company’s contract prices.
Value added tax (VAT) will be charged in addition at the standard rate ruling at the date of invoice.
After the 1st year, the contract can be terminated with 1 Month notice, subject to final adjustment invoice, where Periodic services have been complete but only partially invoiced.
An invoice will be raised immediately following each service visit, and is due for settlement within 30 days. Should payment become overdue, the terms of the contract will be deemed breached and no further service breakdown visit will be undertaken until full settlement is received.
In the event that any sum due to Polyteck under these terms remains unpaid 30 days after the date of the invoice, such unpaid sum shall bear simple interest at the rate of 8% over the base lending rate of the Bank of England from time to time.
