Terms of Use
TERMS AND CONDITIONS
IT IS AGREED as follows:
1. INTERPRETATION
1.1 In this Agreement unless the context otherwise requires the following words and expressions shall have the following meanings:
"Agreement" means our Offer/Quotation, Order Acknowledgement and these terms and conditions, Offer/Quotation any Annexes thereto in the order of priority as detailed in this definition;
"Offer/Quotation" means the document so titled to which these terms and conditions are attached containing specific details in relation to the Project;
"Delivery and Installation Schedule" means the schedule Offer/Quotation agreed between the Parties, setting out the dates for delivery by the Supplier of the Goods to the Site and the dates for their installation;
"Effective Date" means the date of the Acknowledgment of Order by the Supplier;
"Force Majeure Event" means any circumstance beyond the affected Party's reasonable control including, but not limited to, the following:
(a) an act of God
(b) nuclear, chemical or biological contamination;
(c) strike, lockout or other industrial disturbance;
(d) act of war whether declared or undeclared, civil war, armed conflict or terrorism;
(e) blockade, revolution, riot, insurrection, civil commotion, public demonstration;
(f) sabotage or act of vandalism;
(g) lightning, fire, storm, flood, earthquake, accumulation of snow or ice or other extreme weather conditions;
(h) lack of water arising from weather or environmental issues; or
(i) pressure waves caused by devices travelling at supersonic speeds,
whether (without limitation) in the location of the Site, the Parties, transport routes, the place of manufacture of the Goods or otherwise and regardless of whether it affects a Party directly or affects any supplier, agent, subcontractor, consultant or other third party on whom the Party relies in the performance of its obligations under this Agreement, which results in or causes failure by the affected Party to perform its obligations under this Agreement to the extent that the event or circumstance could not have been prevented by the exercise of reasonable skill and care by the affected Party;
"Goods" means the goods and/or services specified or provided in the Specification;
"Installation Services" means the services to be provided by the Supplier in accordance with clause 5;
"Last Actual Delivery Date" means the actual date of delivery by the Supplier of the last Unit to be delivered in respect of this Agreement;
"Last Delivery Date" means the date identifiable from the Delivery and Installation Schedule as being the date for delivery of the last Unit to be delivered in respect of this Agreement;
"Material Defect" means a defect in the design or manufacture of Goods such that the Goods as installed:
(a) does not meet the Specification; and
(b) has been rejected by the Purchaser,
but excluding defects caused or contributed to by the Purchaser or anyone for whom the Purchaser is responsible;
"Price" means the sum set out in the Offer/Quotation payable by the Purchaser to the Supplier in accordance with this Agreement;
"Project" means the Purchaser's project in respect of which the Goods are being supplied by the Supplier under this Agreement, the details of which are set out in the Offer/Quotation;
"Purchaser's Agent" has the meaning given to it in clause 2.3;
"Purchaser Design" means the design and configuration of the Project excluding the design of the Goods.
"Relevant Event" has the meaning given to it in clause 6.2;
"Relevant Matter" has the meaning given to it in clause 6.1;
"Scheduled Dates" means the Scheduled Delivery Dates and/or the Scheduled Installation Dates as the context so requires;
"Scheduled Delivery Dates" means the dates, as specified in the Delivery and Installation Schedule, for delivery by the Supplier of the Goods to the Site as adjusted from time to time in accordance with this Agreement;
"Scheduled Installation Dates" means the dates, as specified in the Delivery and Installation Schedule, for installation of the Goods on the Site by the Supplier as adjusted from time to time in accordance with this Agreement;
"Site" means the site or location as specified in the Offer/Quotation to which the Goods are to be delivered by the Supplier in accordance with this Agreement;
"Specification" means the specifications and all other data sheets as set out in the Technical Submittal or Schedule of Information or Equipment set out in the Suppliers Offer/Quotation;
"Variation Offer" has the meaning given to it in clause 6.3;
"Working Day" means any day (other than a Saturday or a Sunday) on which banks are open for business in the City of London excluding any day which under the Banking and Financial Dealings Act 1971 is a bank holiday.
1.2 In this Agreement words importing:
1.2.1 any particular gender include all other genders; and
1.2.2 the singular shall include the plural and vice versa.
1.3 To the extent that there is any conflict or ambiguity in the terms of this Agreement the following descending order of precedence shall apply:
1.3.1 the Offer/Quotation (excluding any annexes and special terms);
1.3.2 annexes to the Offer/Quotation; and
1.3.3 these terms and conditions.
2. GENERAL
2.1 The Supplier will procure, manufacture, supply and install Goods on behalf of the Purchaser in accordance with this Agreement.
2.2 The Supplier shall:
2.2.1 supply Goods to the Purchaser and, where included in the Acknowledgement of Order, install those Goods at the Site in accordance with the Specification;
2.2.2 keep, or procure that its sub-consultants and subcontractors keep all facilities used in the manufacture and storage of the Goods in a state and condition necessary to enable it or them to comply with its obligations under this Agreement;
2.2.3 not make any change to the Specification or the manufacturing process in relation to the Goods which is detrimental to or compromises the ability of the Supplier to comply with its obligations under this Agreement without:
(a) first notifying the Purchaser of its intention to implement such change and in such notification reporting to the Purchaser as to any consequences which will follow such change being implemented;
(b) giving the Purchaser the opportunity to make representations to the Supplier within 10 (ten) Working Days of receipt by the Purchaser of such notice; and
(c) obtaining written approval for such change from the Purchaser (such approval not to be unreasonably withheld or delayed and deemed to have been given if no representations are received from the Purchaser within the period specified in clause 2.2.3(b)).
2.2.4 operate and maintain a quality control monitoring system;
2.2.5 use its reasonable endeavours to ensure that the Goods are free from Material Defects in:
(a) materials and workmanship; and
(b) any design for which the Supplier is responsible under this Agreement;
and
2.2.6 provide all documentation and assistance reasonably required by the Purchaser, taking into account the role of the Supplier, in order to incorporate the Goods into the Project and for the ongoing operation and maintenance of the Project.
2.3 Where a Purchaser's Agent is stated in the Offer/Quotation as having been appointed by the Purchaser then, subject to any instruction to the contrary in the Offer/Quotation, the Supplier shall be entitled to treat any exercise or discharge of the Purchaser's rights and obligations under this Agreement by the Purchaser's Agent as an exercise or discharge of those rights and obligations by the Purchaser. The Purchaser may remove or vary the extent of the Purchaser's Agent's authority at any time by giving written notice to the Supplier.
3. EFFECTIVE DATE
This Agreement shall be effective from the Effective Date.
4. DELIVERY
4.1 The Supplier shall use its reasonable endeavours to ensure that Goods are delivered by the Scheduled Delivery Dates in accordance with this Agreement.
4.2 The location for delivery of the Goods for each Project shall be the Site as specified in the Offer/Quotation.
4.3 Subject to the terms of this Agreement:
4.3.1 The Supplier shall, and the Purchaser shall permit the Supplier to, deliver the Goods to the Site in such manner as necessary to ensure that they are:
(a) delivered free from Material Defects; and
(b) where installed by the Supplier be capable of being installed on the Scheduled Installation Dates.
4.3.2 If the Supplier is unable for any reason to fulfil delivery of any of the Goods by the relevant Scheduled Delivery Date then:
(a) where the reason for the Supplier being unable to fulfil delivery of the Goods by the Scheduled Delivery Date relates to a matter which is the responsibility of the Supplier under this Agreement, the Parties shall, acting reasonably, seek to agree amendments to the Delivery and Installation Schedule provided always that the Supplier shall not be treated as being in breach of this Agreement nor to have any liability to the Purchaser unless and until the Purchaser has given 21 Working Days' written notice to the Supplier following the Last Delivery Date, requiring that the delivery be made and the Supplier has not fulfilled the delivery within that period; and
(b) in all other cases, the matter shall be deemed a Relevant Matter to which the provisions of clause 6 shall apply.
4.3.3 The Purchaser shall be responsible for unloading and craneage of the Goods on Site.
4.3.4 The Purchaser shall ensure that the Supplier is given:
(a) sufficient rights of access to the Site (and any adjoining areas) to fulfil its obligations under this Agreement; and
(b) an appropriate hard-standing on or adjacent to the Site (as applicable),
from 2 (two) Working Days prior to the first of the Scheduled Delivery Dates until the Last Actual Delivery Date and that:
(c) sufficient space is made available at the Site for the delivery of the relevant Goods; and
(d) each of the Supplier's delivery vehicles will be unloaded within one (1) hour of its arrival at the Site.
The Purchaser shall reimburse the Supplier for any additional costs reasonably incurred as a result of a failure to comply with the requirements of this clause4.3.4 including (but not limited to) any increased or additional storage, delivery costs or the costs of any resulting delay, to be assessed as a Relevant Matter to which the provisions of clause 6 shall apply.
4.3.5 Should the Supplier request, the Purchaser shall grant the Supplier access to the Site prior to the first Scheduled Delivery Date for the purpose of inspecting the Site and ensuring that the Site layout and any associated or existing works conform to the information provided to the Supplier and are suitable to enable the Supplier to comply with its obligations under this Agreement. The Purchaser shall ensure that suitably qualified and authorised personnel are available on Site to accompany the Supplier during any such inspection.
4.3.6 If, as a result of the Supplier's inspection, discrepancies are identified which prevent or have potential to impede or delay the Supplier's performance of its obligations under this Agreement which cannot be rectified by the date falling 15 Working Days prior to the first Scheduled Delivery Date:
(a) the dates in the Delivery and Installation Schedule will be postponed until such time as the discrepancies have been rectified and the Supplier has been given not less than 5 (five) Working Days notice that the discrepancies have been so rectified; and
(b) the matter shall be assessed as a Relevant Matter in accordance with clause 6.
4.3.7 No inspection of the Site (or decision not to inspect) by the Supplier shall:
(a) relieve the Purchaser from its obligation to ensure that the information provided with this Agreement is complete and accurate; or
(b) result in the Supplier bearing responsibility for the condition of the Site.
5. Installation
5.1 The Supplier shall install the Goods on the Scheduled Installation Dates.
5.2 The Purchaser shall grant the Supplier unrestricted access to the Site both during and after the installation of the Goods for the purpose installing the Goods and for enabling the Supplier to comply with its obligations under this Agreement.
5.3 Without prejudice to clauses 4.3.5 and 4.3.6, the Purchaser shall be responsible for ensuring that the Site and any existing works are sufficiently complete and otherwise suitable for the installation of the Goods.
6. RELEVANT MATTERS AND RELEVANT EVENTS
6.1 If the Supplier incurs loss and/or expense for which it would not be reimbursed by the Price as a result any of the following:
6.1.1 failure by the Purchaser to provide access to the Site as required under this Agreement;
6.1.2 an instruction from the Purchaser to stop or not to start work after the Effective Date (other than any reasonable instruction arising out of any failure on the part of the Supplier);
6.1.3 failure by the Purchaser to provide something which the Purchaser is required to provide under this Agreement;
6.1.4 failure by the Purchaser to respond to a communication or notice from the Supplier within the period required under this Agreement;
6.1.5 change by the Purchaser of a decision which it has previously communicated to the Supplier;
6.1.6 changes to the Offer/Quotation, this Agreement or the Purchaser's requirements or instructions after the Effective Date;
6.1.7 withholding of any acceptance by the Purchaser for reasons other than as set out in this Agreement;
6.1.8 damage to any Goods caused on or after the date on which the risk in the Goods passed to the Purchaser pursuant to clause 9.1, save to the extent that such damage is caused or contributed to by the Supplier;
6.1.9 an instruction from the Purchaser to search for or rectify a Material Defect where no Material Defect is found;
6.1.10 any test, inspection or other intervention by the Purchaser unless required as a result of the Supplier's breach of this Agreement;
6.1.11 the Supplier encountering physical conditions on the Site which:
(a) were not notified to it in the Offer/Quotation; or
(b) do not correspond with the information provided to the Supplier in the Offer/Quotation;
6.1.12 failure by the Purchaser to comply with any of its obligations under this Agreement;
6.1.13 any impediment, prevention or default, whether by act of omission of the Purchaser or any Purchaser's Agent or any other third Party employed by or working on behalf of the Purchaser or for whom the Purchaser is responsible; or
6.1.14 the circumstances described in clauses 4.3.4 or 4.3.6 apply.
(a "Relevant Matter")
then the Price shall be adjusted to compensate the Supplier for any additional costs and expenses incurred as a result of the Relevant Matter provided always that the Supplier has taken reasonable steps to mitigate or minimise the loss and expense; and
6.2 If the Supplier is delayed, prevented or impeded in the performance of its obligations under this Agreement as a result of circumstances that are outside the control of the Supplier including, but not limited to, the following:
6.2.1 any Relevant Matter;
6.2.2 adverse weather conditions;
6.2.3 damage to the Goods except to the extent caused or contributed to by any default of the Supplier;
6.2.4 civil commotion or the threat or use of terrorism and / or the activities of the relevant authorities in dealing with such event or threat;
6.2.5 strike, lock out or local combination of workmen affecting any of the trades employed by the Supplier in the manufacture or delivery of the Goods; and
6.2.6 the exercise after the Effective Date by the United Kingdom Government or any other legislative or other body having the force of law in the local jurisdiction in which:
(a) the Site is located;
(b) the Goods are manufactured; or
(c) the Goods are transported,
or which otherwise affects the performance by the Supplier of its obligations under this Agreement,
(a "Relevant Event")
then the affected Scheduled Dates shall be extended by the amount of time of any period of delay so caused provided always that the Supplier has taken reasonable steps to mitigate or minimise the delay.
Privacy Policy
This Privacy Policy governs the manner in which Engcon Services UK Ltd collects, uses, maintains and discloses information collected from users (each, a "User") of the www.engconservices.co.uk website ("Site"). This privacy policy applies to the Site and all products and services offered by Engcon Services UK Ltd.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
How we use collected information
Engcon Services UK Ltd may collect and use Users personal information for the following purposes:
- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To improve our Site
We may use feedback you provide to improve our products and services.
- To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To share your information with third parties
We may share or sell information with third parties for marketing or other purposes.
- To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
Advertising
Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.
Changes to this privacy policy
Engcon Services UK Ltd has the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site, revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Contacting us
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
Engcon Services UK Ltd
www.engconservices.co.uk
14 Eaton Court Road, Colmworth Business Park, Eaton Socon, St Neots, Cambridgeshire PE19 8ER
0800 088 5796
luke@engconservices.co.uk
IT IS AGREED as follows:
1. INTERPRETATION
1.1 In this Agreement unless the context otherwise requires the following words and expressions shall have the following meanings:
"Agreement" means our Offer/Quotation, Order Acknowledgement and these terms and conditions, Offer/Quotation any Annexes thereto in the order of priority as detailed in this definition;
"Offer/Quotation" means the document so titled to which these terms and conditions are attached containing specific details in relation to the Project;
"Delivery and Installation Schedule" means the schedule Offer/Quotation agreed between the Parties, setting out the dates for delivery by the Supplier of the Goods to the Site and the dates for their installation;
"Effective Date" means the date of the Acknowledgment of Order by the Supplier;
"Force Majeure Event" means any circumstance beyond the affected Party's reasonable control including, but not limited to, the following:
(a) an act of God
(b) nuclear, chemical or biological contamination;
(c) strike, lockout or other industrial disturbance;
(d) act of war whether declared or undeclared, civil war, armed conflict or terrorism;
(e) blockade, revolution, riot, insurrection, civil commotion, public demonstration;
(f) sabotage or act of vandalism;
(g) lightning, fire, storm, flood, earthquake, accumulation of snow or ice or other extreme weather conditions;
(h) lack of water arising from weather or environmental issues; or
(i) pressure waves caused by devices travelling at supersonic speeds,
whether (without limitation) in the location of the Site, the Parties, transport routes, the place of manufacture of the Goods or otherwise and regardless of whether it affects a Party directly or affects any supplier, agent, subcontractor, consultant or other third party on whom the Party relies in the performance of its obligations under this Agreement, which results in or causes failure by the affected Party to perform its obligations under this Agreement to the extent that the event or circumstance could not have been prevented by the exercise of reasonable skill and care by the affected Party;
"Goods" means the goods and/or services specified or provided in the Specification;
"Installation Services" means the services to be provided by the Supplier in accordance with clause 5;
"Last Actual Delivery Date" means the actual date of delivery by the Supplier of the last Unit to be delivered in respect of this Agreement;
"Last Delivery Date" means the date identifiable from the Delivery and Installation Schedule as being the date for delivery of the last Unit to be delivered in respect of this Agreement;
"Material Defect" means a defect in the design or manufacture of Goods such that the Goods as installed:
(a) does not meet the Specification; and
(b) has been rejected by the Purchaser,
but excluding defects caused or contributed to by the Purchaser or anyone for whom the Purchaser is responsible;
"Price" means the sum set out in the Offer/Quotation payable by the Purchaser to the Supplier in accordance with this Agreement;
"Project" means the Purchaser's project in respect of which the Goods are being supplied by the Supplier under this Agreement, the details of which are set out in the Offer/Quotation;
"Purchaser's Agent" has the meaning given to it in clause 2.3;
"Purchaser Design" means the design and configuration of the Project excluding the design of the Goods.
"Relevant Event" has the meaning given to it in clause 6.2;
"Relevant Matter" has the meaning given to it in clause 6.1;
"Scheduled Dates" means the Scheduled Delivery Dates and/or the Scheduled Installation Dates as the context so requires;
"Scheduled Delivery Dates" means the dates, as specified in the Delivery and Installation Schedule, for delivery by the Supplier of the Goods to the Site as adjusted from time to time in accordance with this Agreement;
"Scheduled Installation Dates" means the dates, as specified in the Delivery and Installation Schedule, for installation of the Goods on the Site by the Supplier as adjusted from time to time in accordance with this Agreement;
"Site" means the site or location as specified in the Offer/Quotation to which the Goods are to be delivered by the Supplier in accordance with this Agreement;
"Specification" means the specifications and all other data sheets as set out in the Technical Submittal or Schedule of Information or Equipment set out in the Suppliers Offer/Quotation;
"Variation Offer" has the meaning given to it in clause 6.3;
"Working Day" means any day (other than a Saturday or a Sunday) on which banks are open for business in the City of London excluding any day which under the Banking and Financial Dealings Act 1971 is a bank holiday.
1.2 In this Agreement words importing:
1.2.1 any particular gender include all other genders; and
1.2.2 the singular shall include the plural and vice versa.
1.3 To the extent that there is any conflict or ambiguity in the terms of this Agreement the following descending order of precedence shall apply:
1.3.1 the Offer/Quotation (excluding any annexes and special terms);
1.3.2 annexes to the Offer/Quotation; and
1.3.3 these terms and conditions.
2. GENERAL
2.1 The Supplier will procure, manufacture, supply and install Goods on behalf of the Purchaser in accordance with this Agreement.
2.2 The Supplier shall:
2.2.1 supply Goods to the Purchaser and, where included in the Acknowledgement of Order, install those Goods at the Site in accordance with the Specification;
2.2.2 keep, or procure that its sub-consultants and subcontractors keep all facilities used in the manufacture and storage of the Goods in a state and condition necessary to enable it or them to comply with its obligations under this Agreement;
2.2.3 not make any change to the Specification or the manufacturing process in relation to the Goods which is detrimental to or compromises the ability of the Supplier to comply with its obligations under this Agreement without:
(a) first notifying the Purchaser of its intention to implement such change and in such notification reporting to the Purchaser as to any consequences which will follow such change being implemented;
(b) giving the Purchaser the opportunity to make representations to the Supplier within 10 (ten) Working Days of receipt by the Purchaser of such notice; and
(c) obtaining written approval for such change from the Purchaser (such approval not to be unreasonably withheld or delayed and deemed to have been given if no representations are received from the Purchaser within the period specified in clause 2.2.3(b)).
2.2.4 operate and maintain a quality control monitoring system;
2.2.5 use its reasonable endeavours to ensure that the Goods are free from Material Defects in:
(a) materials and workmanship; and
(b) any design for which the Supplier is responsible under this Agreement;
and
2.2.6 provide all documentation and assistance reasonably required by the Purchaser, taking into account the role of the Supplier, in order to incorporate the Goods into the Project and for the ongoing operation and maintenance of the Project.
2.3 Where a Purchaser's Agent is stated in the Offer/Quotation as having been appointed by the Purchaser then, subject to any instruction to the contrary in the Offer/Quotation, the Supplier shall be entitled to treat any exercise or discharge of the Purchaser's rights and obligations under this Agreement by the Purchaser's Agent as an exercise or discharge of those rights and obligations by the Purchaser. The Purchaser may remove or vary the extent of the Purchaser's Agent's authority at any time by giving written notice to the Supplier.
3. EFFECTIVE DATE
This Agreement shall be effective from the Effective Date.
4. DELIVERY
4.1 The Supplier shall use its reasonable endeavours to ensure that Goods are delivered by the Scheduled Delivery Dates in accordance with this Agreement.
4.2 The location for delivery of the Goods for each Project shall be the Site as specified in the Offer/Quotation.
4.3 Subject to the terms of this Agreement:
4.3.1 The Supplier shall, and the Purchaser shall permit the Supplier to, deliver the Goods to the Site in such manner as necessary to ensure that they are:
(a) delivered free from Material Defects; and
(b) where installed by the Supplier be capable of being installed on the Scheduled Installation Dates.
4.3.2 If the Supplier is unable for any reason to fulfil delivery of any of the Goods by the relevant Scheduled Delivery Date then:
(a) where the reason for the Supplier being unable to fulfil delivery of the Goods by the Scheduled Delivery Date relates to a matter which is the responsibility of the Supplier under this Agreement, the Parties shall, acting reasonably, seek to agree amendments to the Delivery and Installation Schedule provided always that the Supplier shall not be treated as being in breach of this Agreement nor to have any liability to the Purchaser unless and until the Purchaser has given 21 Working Days' written notice to the Supplier following the Last Delivery Date, requiring that the delivery be made and the Supplier has not fulfilled the delivery within that period; and
(b) in all other cases, the matter shall be deemed a Relevant Matter to which the provisions of clause 6 shall apply.
4.3.3 The Purchaser shall be responsible for unloading and craneage of the Goods on Site.
4.3.4 The Purchaser shall ensure that the Supplier is given:
(a) sufficient rights of access to the Site (and any adjoining areas) to fulfil its obligations under this Agreement; and
(b) an appropriate hard-standing on or adjacent to the Site (as applicable),
from 2 (two) Working Days prior to the first of the Scheduled Delivery Dates until the Last Actual Delivery Date and that:
(c) sufficient space is made available at the Site for the delivery of the relevant Goods; and
(d) each of the Supplier's delivery vehicles will be unloaded within one (1) hour of its arrival at the Site.
The Purchaser shall reimburse the Supplier for any additional costs reasonably incurred as a result of a failure to comply with the requirements of this clause4.3.4 including (but not limited to) any increased or additional storage, delivery costs or the costs of any resulting delay, to be assessed as a Relevant Matter to which the provisions of clause 6 shall apply.
4.3.5 Should the Supplier request, the Purchaser shall grant the Supplier access to the Site prior to the first Scheduled Delivery Date for the purpose of inspecting the Site and ensuring that the Site layout and any associated or existing works conform to the information provided to the Supplier and are suitable to enable the Supplier to comply with its obligations under this Agreement. The Purchaser shall ensure that suitably qualified and authorised personnel are available on Site to accompany the Supplier during any such inspection.
4.3.6 If, as a result of the Supplier's inspection, discrepancies are identified which prevent or have potential to impede or delay the Supplier's performance of its obligations under this Agreement which cannot be rectified by the date falling 15 Working Days prior to the first Scheduled Delivery Date:
(a) the dates in the Delivery and Installation Schedule will be postponed until such time as the discrepancies have been rectified and the Supplier has been given not less than 5 (five) Working Days notice that the discrepancies have been so rectified; and
(b) the matter shall be assessed as a Relevant Matter in accordance with clause 6.
4.3.7 No inspection of the Site (or decision not to inspect) by the Supplier shall:
(a) relieve the Purchaser from its obligation to ensure that the information provided with this Agreement is complete and accurate; or
(b) result in the Supplier bearing responsibility for the condition of the Site.
5. Installation
5.1 The Supplier shall install the Goods on the Scheduled Installation Dates.
5.2 The Purchaser shall grant the Supplier unrestricted access to the Site both during and after the installation of the Goods for the purpose installing the Goods and for enabling the Supplier to comply with its obligations under this Agreement.
5.3 Without prejudice to clauses 4.3.5 and 4.3.6, the Purchaser shall be responsible for ensuring that the Site and any existing works are sufficiently complete and otherwise suitable for the installation of the Goods.
6. RELEVANT MATTERS AND RELEVANT EVENTS
6.1 If the Supplier incurs loss and/or expense for which it would not be reimbursed by the Price as a result any of the following:
6.1.1 failure by the Purchaser to provide access to the Site as required under this Agreement;
6.1.2 an instruction from the Purchaser to stop or not to start work after the Effective Date (other than any reasonable instruction arising out of any failure on the part of the Supplier);
6.1.3 failure by the Purchaser to provide something which the Purchaser is required to provide under this Agreement;
6.1.4 failure by the Purchaser to respond to a communication or notice from the Supplier within the period required under this Agreement;
6.1.5 change by the Purchaser of a decision which it has previously communicated to the Supplier;
6.1.6 changes to the Offer/Quotation, this Agreement or the Purchaser's requirements or instructions after the Effective Date;
6.1.7 withholding of any acceptance by the Purchaser for reasons other than as set out in this Agreement;
6.1.8 damage to any Goods caused on or after the date on which the risk in the Goods passed to the Purchaser pursuant to clause 9.1, save to the extent that such damage is caused or contributed to by the Supplier;
6.1.9 an instruction from the Purchaser to search for or rectify a Material Defect where no Material Defect is found;
6.1.10 any test, inspection or other intervention by the Purchaser unless required as a result of the Supplier's breach of this Agreement;
6.1.11 the Supplier encountering physical conditions on the Site which:
(a) were not notified to it in the Offer/Quotation; or
(b) do not correspond with the information provided to the Supplier in the Offer/Quotation;
6.1.12 failure by the Purchaser to comply with any of its obligations under this Agreement;
6.1.13 any impediment, prevention or default, whether by act of omission of the Purchaser or any Purchaser's Agent or any other third Party employed by or working on behalf of the Purchaser or for whom the Purchaser is responsible; or
6.1.14 the circumstances described in clauses 4.3.4 or 4.3.6 apply.
(a "Relevant Matter")
then the Price shall be adjusted to compensate the Supplier for any additional costs and expenses incurred as a result of the Relevant Matter provided always that the Supplier has taken reasonable steps to mitigate or minimise the loss and expense; and
6.2 If the Supplier is delayed, prevented or impeded in the performance of its obligations under this Agreement as a result of circumstances that are outside the control of the Supplier including, but not limited to, the following:
6.2.1 any Relevant Matter;
6.2.2 adverse weather conditions;
6.2.3 damage to the Goods except to the extent caused or contributed to by any default of the Supplier;
6.2.4 civil commotion or the threat or use of terrorism and / or the activities of the relevant authorities in dealing with such event or threat;
6.2.5 strike, lock out or local combination of workmen affecting any of the trades employed by the Supplier in the manufacture or delivery of the Goods; and
6.2.6 the exercise after the Effective Date by the United Kingdom Government or any other legislative or other body having the force of law in the local jurisdiction in which:
(a) the Site is located;
(b) the Goods are manufactured; or
(c) the Goods are transported,
or which otherwise affects the performance by the Supplier of its obligations under this Agreement,
(a "Relevant Event")
then the affected Scheduled Dates shall be extended by the amount of time of any period of delay so caused provided always that the Supplier has taken reasonable steps to mitigate or minimise the delay.
Returns
Goods
are purchased and are NOT refundable, in the event you have purchased
goods that you no longer require GlassFittings4Less will not refund and
monies. This said please ensure you order goods that you require and
need.
Discounts:
When
there is a live discount shown on this website, the interpretation is
that discounts will only be applied on stock items and will not apply to
non standard items. All discounts are discretionary and can be adjusted
at any time.
Non standard items are as follows:
1, 316 Grade materials
2, Made to order tension rods
3, Orders below 2000 (Ex VAT)Privacy Policy
This Privacy Policy governs the manner in which Engcon Services UK Ltd collects, uses, maintains and discloses information collected from users (each, a "User") of the www.engconservices.co.uk website ("Site"). This privacy policy applies to the Site and all products and services offered by Engcon Services UK Ltd.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
How we use collected information
Engcon Services UK Ltd may collect and use Users personal information for the following purposes:
- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To improve our Site
We may use feedback you provide to improve our products and services.
- To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To share your information with third parties
We may share or sell information with third parties for marketing or other purposes.
- To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information
We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
Advertising
Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.
Changes to this privacy policy
Engcon Services UK Ltd has the discretion to update this privacy policy at any time. When we do, we will post a notification on the main page of our Site, revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Contacting us
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
Engcon Services UK Ltd
www.engconservices.co.uk
14 Eaton Court Road, Colmworth Business Park, Eaton Socon, St Neots, Cambridgeshire PE19 8ER
0800 088 5796
luke@engconservices.co.uk