Applicable from 01/2017
“The Company” means Aquarium Connections LTD.
“The Seller” means Aquarium Connections LTD
“The Client” means the person, firm or Company entering into the contract with the Company.
“Goods” means goods and/or services supplied subject to these conditions. By agreeing to purchase from the Company the buyer agrees to these terms and conditions unless expressly agreed in writing by the Company.
“Contract” means the contract for the purchases and sale of Goods
“Conditions” means the terms and conditions set out in this document (unless the context otherwise requires) including any other conditions specially agreed between the Company and the Client
“Livestock” means fish, invertebrates and aquascaping.
“Dry goods” means all goods sold by the seller apart from livestock
2. ACCEPTANCE, VARIATION AND SCOPE
(a) CONTRACTS WILL NOT COME INTO EFFECT BETWEEN THE COMPANY AND THE CLIENT UNTIL THE CLIENT’S ORDER HAS BEEN ACCEPTED BY THE COMPANY IN WRITING. ANY SUCH CONTRACT SHALL BE SUBJECT TO THESE CONDITIONS ANY ATTEMPT BY THE CLIENT TO INCORPORATE OTHER TERMS AND CONDITIONS SHALL BE NULL AND VOID AND OF NO LEGAL EFFECT.
(b) No variation of the Conditions shall be effective unless made in writing and signed by an authorised officer or employee of the Company; at the request of the Client the Company will verify whether any named individual has the requisite authority. Any variation made in this way shall be effective as shall a variation contained in the confirmation issued by the Company of acceptance by it of the Client’s order.
(c) Any concessions which are given are subject to the order not being varied and the value of the order being maintained.
(d) Any goods supplied to the Company by a third party are accepted by the Client on the basis of a Commercial Standard irrespective of the final intended use. The Terms and Conditions of the commercial standard of acceptance are those provide to the Company by the third party contractor. The Client can request these at any time for review. The Client must note that acceptance of goods based upon these third party standards is required.
3. THE RIGHT TO SUBCONTRACT
The Company shall be entitled to sub-contract all or part of the Contract with the Client without prior notice to the Client.
4. AVAILABILITY, DELIVERY, STORAGE AND FITTING
(a) Acceptance and Completion of an order is subject always to the goods which have been ordered being available and the Company shall be under no liability for delay or non-performance caused either by the goods not being available or by any other circumstances beyond the Company’s control.
(b) Time of delivery of the goods and/or installation (including replacements) is not to be the essence of any contract. Any date for delivery and/or installation given by the Company is the best estimate that can be made and the Company shall not be liable for any loss or damage (whether direct or consequential) caused by delivery or fitting being after any quote date.
(c) Where delivery is to take place at a site within a radius of 35 miles from our warehouse facility, Surrey, SM4 the quoted prices cover delivery on hard road or public highway to the relevant premises; the Client will be responsible for receiving any delivery and for any further delivery involved.
“(d) ALL GOODS ARE SOLD ON THE UNDERSTANDING THAT THEY WILL BE STORED ON A FREE OF CHARGE BASIS AND DELIVERED AND ACCEPTED BY THE CLIENT AFTER 14 DAYS AFTER THEIR ARRIVAL AT THE COMPANY’S DISTRIBUTION CENTRE. THEREAFTER, SHOULD YOU BE UNABLE TO TAKE THE GOODS WITHIN THE SPECIFIED TIME WE WILL ORGANISE A CONTRACTOR
TO STORE THE GOODS ON YOUR BEHALF. THE CHARGES FOR THIS
STORAGE WILL BE SENT TO YOU DIRECTLY BY THE CONTRACTOR.
(e) All goods are supplied with no responsibility for installation charges unless stated in writing.
(f) Where delivery has taken place directly to the Client’s premises, at the point of signing for the items the Client takes full responsibility for those items until the Company attends site to continue with installation or maintenance. If the items are damaged or lost onsite, the Company accepts no liability for these goods.
(g) All orders of food or other sundry items carry a minimum delivery charge of £15 exc vat. The Company will add this to the Client invoice after delivery.
(h) The Company is under no obligation to the Client to obtain written or signed delivery notes for carrying out the agreed operations or delivery of orders.
The Company reserves the right to vary the contract price (whether in respect of sale and/or installation) at any time to take account of:-
(a) Any increase due to force majeure or government legislation.
(b) Any alteration made in the specification upon which the contract is based.
(c) Any costs for waiting time or other expenses incurred by the Company as a result of matters beyond its control.
(d) Special deliveries or part deliveries or any other variation of the original order made at the request of the Client.
(e) Any additional work which is required by any aspect of the state or condition of the Client’s premises unless the Company was aware of such aspect when its quotation was given.
(f) Any changes in material costs throughout the period of the contract. The Client will be notified in writing regarding these changes and the Company is not obliged to seek further agreement from the Client before carrying out contract works.
6. OLBLIGATIONS OF COMPANY AND CLIENT
The obligations arising under any agreement between the Company and the Client shall not be affected in any way by the alleged non-performance or defective performance of any other contract which the Client may have made with any other Company for the purchase and/or installation of any goods. In particular (but without prejudice to the generality of the foregoing) the Client shall be liable to pay the full price payable to the Company ‘in accordance with the payment conditions agreed between the Client and the Company notwithstanding any claims which the Client may have against any other Company.
All goods delivered by or on behalf of the Company become the liability of the Client upon delivery at the address given for delivery.
(a) THE EMPLOYEES OF THE COMPANY ARE NOT AUTHORISED TO MAKE ORAL REPRESENTATION AS TO THE DESCRIPTION, QUALITY OR FITNESS FOR ANY PURPOSE OF ANY GOODS OR MAINTENANCE SERVICE NOR AS TO THEIR SUITABILITY OR INSTALLATION IN ANY PREMISES SPECIFIED BY THE CLIENT. IF THE CLIENT WOULD LIKE AN OFFICIAL REPORT THE CLIENT MUST CONTACT THE COMPANY DIRECTLY SO THIS CAN BE ARRANGED ACCORDINGLY
(b) All descriptions and other information- contained in sales literature, advertisements and estimates are based on information received from the Company’s suppliers and the Company cannot be held responsible for any inaccuracies in their information passed on in good faith. All goods delivered by or on behalf of the Company become the liability of the Client upon delivery at the address given for delivery.
9. DESIGNS AND DESIGNING PROCESS
(a) Designs, illustrations, drawings and the like whether contained in the Company’s specifications or otherwise must be regarded as approximate representations only. The Client’s attention is drawn to the conditions specified on the Company’s drawings and specifications. The Client must satisfy himself/herself/itself that the goods are fit for the Client’s purpose.
(b) WHERE THE COMPANY HAS UNDERTAKEN TO OFFER A DESIGN SERVICE THE DRAWINGS AND THE DESIGN SHALL REMAIN THE PROPERTY OF THE COMPANY UNTIL SUCH TIME AS THE CLIENT ENTERS INTO THE CONTRACT AND IT IS PAID FOR IN FULL.
(c) where the Company is not directly contracted to install services for the aquarium (inc water/electricity/support stand/data provision etc), the
Company shall provide illustrations of services required including weights of goods for the Client to employ specialist contractor/s. In the event the illustrations are not within industry standards, the Company accepts no responsibility for these drawings or the action taken by the Client upon them. The Client is solely responsible.
Upon ordering and settling the deposit due from the Buyer, the Company is not liable to refund this deposit at anytime if the Buyer cancels their order. All modifications to aquarium orders must be made in writing, these changes are only deemed to be accepted when a written agreement in received from the Company. The Company reserves the right to refuse such modifications if construction has started or add additional costs that are incurred as a result of said modifications. .
10. ACCESS AND DISPLAY
(a) The Client agrees to provide unimpeded access for the employees and vehicles of the Company, its sub contractors and carriers on or into the Client’s property for the purpose of delivering goods to the Client or for any related purpose.
(b) When goods are supplied by the Company for installation on the Client’s property the Client agrees to permit the Company (or its suppliers Or any person firm or Company installing the goods), at its own expense to erect or have erected outside the Client’s property a billboard displaying such information as the Company shall decide. Such billboard may be erected at any time after delivery of the goods and shall not be removed until the installation of the goods has been completed.
11. TITLE OF GOODS
All goods remain the absolute property of the Company until delivered and paid for in full (including any additional charges and VAT) by the Buyer. Such retention of title shall be no grounds for the Buyer to fail to complete the purchase. At any time after default in payment by the Buyer the Company is entitled to demand the return of all goods not paid for in full by the Buyer. The Buyer hereby licenses the Company to enter the premises of the Buyer and claim such goods in the event full payment is not made within 14 days of the final date for payment.
Delivery of goods to the Client’s site bestows upon the Client to take responsibility for these goods, however the absolute legal ownership of the goods remains with the Company until full payment is cleared.
12. FAULTY GOODS AND FAULTY INSTALLATION
If the Buyer “deals as consumer” (as defined by section 12 of Unfair Contract Terms Act 1977) he is entitled to a number of non-excludable rights under the Sale of Goods Act 1979. Nothing in this clause is intended to restrict or exclude those rights in any way.
The Company will only supply Goods for use within the scope of the published specifications from the relevant manufacturer or supplier. In the event of any materials or goods being faulty or defective in material or workmanship, the Company will (at its option) repair or replace any faulty goods free of charge provided that the complaint is registered in writing under the conditions of clause 7 save where the defect was not immediately apparent upon delivery, when notification shall be made as to and as the defect becomes apparent. The Company accepts no responsibility for defects which are not notified either in accordance with clause 7 or this clause 8. Further the supplier shall in no circumstances be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatsoever the cause thereof (i) for any increased cost or expenses, or ii) for any loss of profit, business contracts, revenues or anticipated savings, or (iii) for any special indirect or consequential damages of any nature whatsoever.
(a) If the Client “deals as consumer” (as defined by section 12 of the Unfair Contract Terms Act 1977) he is entitled to a number of non-excludable rights under the Sale of Goods Act1979. Nothing in this clause is intended to restrict or exclude those rights in any way.
(b) The Company will only supply and use materials and goods within the scope of the published specifications from the relevant manufacturers or suppliers but the goods are supplied subject to any Conditions of Sale relating thereto by the relevant manufacturer or supplier. In the event of any materials or goods being faulty the Company’s own financial liability in respect of such faults will be limited to such amount (if any) as it may be able to recover from the manufacturer or supplier. However (subject to the provisions of sub-clause (d) below), in the event of any item of goods supplied proving defective in material or workmanship the Company will (at its option) repair or replace
such item free of charge, provided that a complaint is made by the Client within a reasonable time after delivery and provided also that, where the goods have been used or fixed, the defect is not such that examination by the Client ought to have revealed it before using or fixing. The Client is also required to check all goods and/or materials for damage and any damages are to be noted on the drivers’ delivery note. No responsibility can be accepted by the Company for any damages or missing items unless the delivery note has been marked accordingly.
(c) No responsibility can be accepted by the Company for breakages or shortages unless the goods are signed for as broken or short on the delivery sheet or delivery document issued by the Company to its drivers. In the case of goods consigned by rail or through road hauliers, breakages or shortages must be notified by the Client to the relevant carrier direct in writing within 48 hours of and to the Company within seven days from delivery. Non-delivery must be notified in writing to the Company and (if appropriate) the relevant carrier within 14 days of despatch. In all cases of notification time is of the essence.
(e) THE CLIENT SHOULD CHECK THE INSTALLATION WORK CARRIED OUT BY ANY COMPANY BEFORE THEY SIGN THE COMPLETION NOTE. IF ANY CARPENTRY WORK CARRIED OUT BY ANY COMPANY OR ANY OF ITS SUB CONTRACTORS IS PROVED BY THE CLIENT TO BE FAULTY THE COMPANY WILL RECTIFY SUCH FAULTS FREE OF CHARGE PROVIDED THAT A COMPLAINT
IS MADE BY THE CLIENT BEFORE THEY SIGN THE COMPLETION
NOTE. SUBJECT TO THIS THE COMPANY CANNOT ACCEPT LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT OR CONSEQUENTIAL) RESULTING FROM ALLEGED FAULTY INSTALLATION HOWSOEVER CAUSED.
(f) the Client accepts that there is a commercial standard acceptable for the aquarium. This is detailed in the Glass & Glazing federation regulations. If the Client and Company stand 2 metres away from the aquarium and can identify a potential defect jointly, the Company will accept the defect in accordance with our terms of business and liability procedure. If Client and Company disagrees as to the visibility, an independent third party shall be provided at the Client’s expense to comment officially. This person will be chosen by the Company and confirmed by the Client prior to engagement.
13. RECTIFICATION OF DEFECTIVE WORK
(a) Under the Supply of Goods and Services Act 1982 and under Section 2 of the Unfair Contract Terms Act 1977 the Client is entitled to a number of non-excludable rights and nothing in this clause is intended to restrict or excluded those rights in any way.
(b) If any work carried out by the Company or its sub-contractors is proved to be defective in material or workmanship the Company will arrange for the work to be re-done free of charge provided that a complaint is made by the Client within a reasonable time of the date when the work is or should have been completed.
(c) The rights set out in sub-paragraph (b) above replace any rights to which the Client would otherwise be entitled under the Supply of Goods and Services Act 1982 or at common law and all implied terms as to the quality or fitness of any materials supplied or work done under this Agreement or as to the correspondence of any such materials with description or sample are hereby expressly excluded.
(d) Without prejudice to the generality of sub-paragraph (c) above the Company cannot accept any responsibility for loss or damage (whether direct or consequential) resulting from any actual or alleged defects in material or in workmanship howsoever caused.
14. DELAYS AND NON-PERFORMANCE
(a) Time for performance of any work is not to be the essence of any contract. Any date for the commencement or completion of work given by the Company is the best estimate that can be made. Any failure by the Company to commence or complete any work on any such estimated date shall not entitle the Client to refuse to perform any of his obligations under this agreement nor shall the Company be liable for any loss or damage (whether direct or consequential) thereby caused.
(b) Delivery of materials and/or the performance of any work hereunder may be totally or partially suspended by the Company during any period in which it is prevented or hindered from such delivery or work by reason of any circumstances beyond its control and such suspension shall not give rise to any claim by the Client against the Company nor shall it give the Client the right to terminate any agreement with the Company.
15. INSTALMENT DELIVERIES
Where goods contracted for are deliverable by instalments each delivery shall be deemed to be the subject of a separate enforceable contract.
16. PACKAGING AND RETURNABLE EMPTIES
All returnable packages and packing materials will be charged to the Client on the relevant invoice. If they are returned by the Client to the Company, adequately identified, carriage paid and in good condition, full credit will subsequently be given by the Company. After 90 days from the date of the relevant invoice, however, packages will not be accepted back by the Company and if they are returned, no credit will be allowed.
17. TERMS OF PAYMENT
(a) 50 per cent of the contract price shall be payable as soon as the Client accepts the Company’s quotation. (
b) Subject to (c) and (d) below the balance shall be payable on the day prior due to either delivery, collection or installation.
(c) Where the Company has delivered all goods to site prior to installation commencing, the Client shall forthwith pay the Company a further 30 per cent of the contract price and the remaining 20 per cent shall be payable immediately on practical completion of the work.
(d) In this clause “practical completion” shall mean completion apart from the rectification of certain minor defects which have been agreed in writing between the Company and the Client.”
(e) If the Client fails to pay an amount on the due date the overdue sum shall carry interest at the monthly rate of 12% above the London Inter Bank Overnight Rate from time to time calculated on a daily basis until payment.
(f) In the case of death, permanent incapacity, bankruptcy or insolvency of the Client or when the Client is a limited Company, in the case of a liquidation or the appointment of a receiver any unpaid balance of the contract price (including any increases as set out above) shall immediately become due and payable from the Client to the Company.
(g) On the happening of any of the events specified in sub-clauses (c) or (d) above the Company (in addition and without prejudice to its other rights referred to in these Conditions) will have the right to cancel every contract made with the Client and/or suspend or to continue the performance of any work at the Company’s option without prejudice to the Company’s right to recover damages for any loss sustained by it.
(h) when payment is due to the Company, the Company may (as it wishes) offer a set discount term which the Client can utilise if they so wish. If the payment is not settled within the discount term (usually 14 days), the Company will have automatic right to retract the discount offer and recover the original 100% total on the invoice.
(i) Unless otherwise stated, all maintenance payments to the Company from the Client must be made via the use of the Company Direct Debit facility.
(j) the Client shall be invoiced on the 1st of each respective month for the preceding month’s rendered services. In the case of a maintenance labour, the invoice will be generated over a calendar year through the following equation – number of hours per visit x number of visits per year ÷ 12 = per calendar monthly charge
(k) if the Company are required to seek legal/specialist collection advice and services in relation to an unpaid debt by the Client, the Client will be liable to pay for these services without prior agreement to the said costs. These costs will be added to the Client’s next bill. The average cost (but not exclusively) for a legal debt chasing letter is £80 exc VAT.
18. INSOLVENCY OF BUYER
The Company will have the right to demand full payment from the Buyer and terminate the Contract forthwith (without prejudice to any of its other rights) if the Buyer commits any act of bankruptcy or petition of bankruptcy is presented to Buyer or Buyer terminates the carrying out of his business or enters into negotiations with Creditors. In the event that the Buyer is a limited Company if a petition is presented for an
administration order or if a petition is presented or a resolution is proposed to wind-up Buyer or if a receiver of its assets or undertakings or any part thereof is appointed of if any distress or execution is levied upon the buyer. Upon termination of the contract under the above conditions the Company will have the right of repossession and resale as set out in clause 10.
All complaints about service must be given in writing only to the Company within 24 hours of the service being carried out.
All complaints about Livestock or Dry Goods must be given in writing to the Company within 24 hours of receipt of such goods, or on delivery notice. The Client must keep goods in a state that causes no further damage to the consignment until collected by the Company. Any complaint of failure to deliver goods must be made within 7 days of receipt of the invoice. Where a complaint is notified to the Company in accordance with the above conditions and is accepted, the Client will have the sole discretion to request replacement of the Goods or a refund. The Seller is not liable to the Buyer for any further loss whether in contract or in tort (except in relation to death or personal injury caused to the Client). The Buyer is not entitled to offset any amount due to the Seller against the sum due to the Buyer unless expressly agreed by the Seller.
20. FORCE MAJEURE
The Company is not liable for failure to perform the party’s obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to terminate the Agreement under Clause 12 (Termination) in such circumstances.
Whilst we make every effort to be accurate at all times the Company accepts no liability for actions taken by the Buyer on advice of the Company unless recorded in writing by the Seller.
Once delivered all Livestock is the liability of the Buyer and the Seller is not liable for the death or damage of such livestock once it is in the possession of the Buyer. The Client understands there is no refund policy on livestock once the order has been placed. If at any point the client wishes for the Company to attend site to remove dead livestock from the aquarium/s, our standard minimum hourly charge will be levied against these services. The client should be aware that all livestock carries an average lifespan, any early demise of livestock before the typical lifespan of the animal in question is not the liability of the Company.
23. ORDERING PROCEDURE AND YOUR RIGHT TO CANCEL
The ordering process from the Client to the Company can be made in writing, over the phone or verbally. Once the order has been received in writing, the Client is committed to acceptance of the goods and subsequent payment. The Client understands there is no right to return for these ordered goods. If the order is taken verbally at the Client’s property or over the phone verbally the Client has a statutory ‘cooling off period’ of 14 days from the date of order. If the Client confirms the order verbally at the Company’s property, the Client understands there is no right to return.
24. MAINTENANCE SERVICE PROVISIONSAND COSTS
Any fair “wear and tear” of the aquarium incurred during maintenance shall not be the liability of the Company. Except in respect of negligence or error on the behalf of the Company, the Company accepts no liability for livestock, equipment, cabinetry and dry goods handled during its servicing operation. Any subsequent third party damage due to malfunction equipment will not be at the liability of the Company.
The client must allow the Company unrestricted access to the property during the maintenance period. If for whatever reason, including force majeure, the Company cannot attend to their services and are forced to wait for access, the client can expect the Company hourly charge to start and continue until access is granted.
The Company will cease to continue with contracted maintenance procedures if any outstanding invoice over 60 days is not settled. Any
Subsequent damage or death within the aquarium will not be at the liability of the Company
The Client accepts that any failure of equipment which leads to water damage to third party areas is not the responsibility of the Company
The Company reserves the right to review the on-going maintenance charges on a yearly basis to adjust for increases in material costs including fuel and travel expenses. Furthermore the maintenance will be adjusted in line with inflation on a yearly basis.
25. IMAGE RIGHTS OF PHOTOGRAPHY AND VIDEO
The Client accepts that the Company may use photograph and video of the aquarium, the area in the vicinity of the aquarium and the general location of the property. The Company will be forbidden to use the Client’s personal information including name and will seek permission in carrying out such activities. If the Client grants the use of their image rights, the Client accepts this will be for a minimum of ten years and cannot be removed until that period has passed. The Company is allowed to use the photography, video and quotes in ALL public relations material.
26. EQUIPMENT GUARANTEES
The supply of all equipment by the Company to the Client is secured under a 12 month manufacturer warranty. The Company accepts no liability for the failure of this equipment other than to exchange the item for the client. Any costs outside the cost of the said item incurred by the Company in undertaking these activities will be charged to the Client’s account. Should the Client wish to communicate directly with the manufacturer of the goods, the Company will inform the client of the necessary manufacturer to contact.
The normal operation of equipment is the sole liability and responsibility of the Client. The Company maintains the said aquarium but does not guarantee the running of the aquarium equipment.
27. STRUCTURE LIABILITIES
The Company will offer an illustrative drawing of a support structure in a said material for illustrative purposes only. In the event the Company is not employed to directly construct the support for the aquarium, the Client’s employed contractors are dually responsible for both the verification, design and construction of the said support. The Company can provide a full structural engineer service if required but the Client should not this does carry an additional charge.
The Company will not accept responsibility for faults occurring in an aquarium supplied and installed on the clients own purpose made stand, without prior confirmation from the Company, that the company feel the stand is sufficient.
The Company cannot be held liable for the structural area below the aquarium. If the Client instructs the Company to install an aquarium within a said area of a property, the responsibility of the structural integrity of the supporting area is the Client’s solely.
The calculations of the weight of the aquarium by the Company provide an estimate guide to the Client or respective client specialist contractors. These calculations are for illustrative purposes only and should not be relied upon for respective structural construction or calculation.
28. TERMS AND PRICE AMENDMENTS TO CONTRACT
The Company reserves the right to amend the price of the signed contract throughout the duration of the term agreement. The Company are obliged to make notice in writing of any changes to the Client. The Client is not obliged to respond to these term changes and nor is the Company obliged to seek approval for these changes.
The Company will (on most occasions) modify the yearly price changes of goods and services to take into account the Consumer Price Index or the Retail Price Index Rate variations. The Company reserves the right to choose which index to follow.
29. DEALS AND DISCOUNT AGREEMENTS
The Company and Client at times may agree special deals or discounts in relation to the aquarium. If the Client agrees to a discounted price on the agreement of an exchange of goods/services/rights of activity, and subsequently revokes on this agreement once the Company has carried out the discounted works, the Company has the right to seek reimbursement for the discounted amount in full within 14 days. The Client cannot renege on this agreement as a result of separate works (maintenance/supply/re-installation).
30. OPERATIONAL HOURS AND CALL OUT CHARGES
The Company’s operational hours are 09:00 -16:00pm Monday to Friday. The Company offers a 24 hour emergency telephone service contactable on 020 833 09479. The Company does not guarantee to answer or respond to the out of hour’s emergency and will seek to address this as quickly as possible. Should the Company be called to the Client’s property within operational hours for any reason (other than fault by the Company on the last visit) the Company reserves the right to charge the standard £40 exc VAT per hour (minimum of 1 hour call out fee). If the Company is called outside the normal operational hours, then this standard charge is revised to £65 exc VAT.
31. ENVIRONMENT OF AQUARIUM
The Client acknowledges that the environment the aquarium sits within is not the responsibility of the Company. The Company will provide estimations on the heat and humidity of the aquarium. Once in situ, the Company will not be held liable for the environment for which the aquarium sits within or contributes towards. If the environment causes operational problems/issues for the aquarium and/or Company, the Client accepts full and sole responsibility.
The Client is required to ensure all services (water/electricity/gas) are checked and maintained for the safety of the Company’s employees. The Client is required to undertake yearly or as requested checks on services (whichever occurs first) in the event the Company questions to safety of the said service. Any failure and
subsequent injury to the Company employees in ensuring the site is safe to work within will be the sole responsibility of the Client.
33. AQUARIUM MOVES AND DAMAGES
The Company will provide a tank move to the Client as requested. The Company will provide an estimation to the client of how to undertake the said task and whether it is feasible. On acceptance of the Company risk assessment and method statement, the Client accepts that any consequential damage in moving the aquarium is not the responsibility of the Company. If the Client would like a specialist moving company to undertake the works, the Client should inform the Company so a specialist can be recommended.
34. STORAGE OF FISH AND LIABILITIES
The Company will provide (where possible) storage of livestock for the Client. The Company does not accept responsibility for any death of the livestock throughout the time of storage.
The Client understands that all manufactured equipment carries a statutory 12 months warranty. In the even the client experiences failure with equipment; the Client is advised to contact the Company within 24 hours of failure for inspection. If upon inspection the equipment has malfunctioned through fault of the Client, the Company will provide a quote for the replacement goods. In the event the item is broken within the parameters of the manufacturer warranty, the Company will provide a replacement free of charge + a 12.5% administration charge in carrying out these duties.
36. FOOD AND FEEDING
The Company will not be liable for any feeding or mistaken feeding conducted by a third party. Any instances of overfeeding should be reported directly to the Company maintenance operative. If the Company is required to attend site, our standard hourly rate will be levied against such services. The Client agrees to make provision at the site of the aquarium for 1 month’s supply of blister packed food (or equivalent physical size) for the respective fish.
37. ORDERING PRODUCTS AND LIVESTOCK
When the Company is requested to delivery products or livestock to site, the Company will take oral instruction from the client as confirmation to proceed with the delivery. If the client decides to change their order, it is as the discretion of the Company to cancel the order without any financial penalty. In the event a client cancels an order which renders time and administration from the Company, a typical 12.5% administration fee will be levied against the value of the goods. If a client decides to order a number of fish rather than a value, the Client understands that the typical average price of a fish is approximately £30 exc vat and £40 exc vat for corals at 2012 rates. The Client must note these prices can be higher for particular ordered goods. The Client understands that once the fish have been ordered it is highly unlikely the order can be reversed. The Client understands there is no refund policy on livestock once the order has been placed.
38. DELIVERY COSTS
In the course of carrying out the Company’s activities, any goods delivered to site on requested of the client
39. CONTRACT DURATION AND CANCELLING PROCEDURE
If during the course of a maintenance contract the Client wishes to cancel any contract with the Company, the client understands 3 months’ notice period must be given in advance before the contract can be cancelled Full term payment will be calculated and a pro-forma invoice raised accordingly and must be paid within 28 days of the final maintenance visit All instructions must be received in writing in order to confirm the 3 month advance notice period
40. BYE-LAWS AND REGULATIONS
It is the Client’s responsibility to ensure and satisfy himself that the work to be carried out complies with all local bye-laws and/or regulations. The Company cannot accept any responsibility or liability relating to or arising from any failure in such compliance. The Client warrants that all necessary consents have been obtained before commencement of any work and he agrees to indemnify the Company for any losses which it may suffer as the result of work having to be delayed, suspended, stopped or re-arranged in consequence of any breach of the said warranty
41. GENERAL LIABILITIES
Irrespective of any insurance taken out by the Company the Client should advise his/her/its insurers that works are being carried out on the Client’s property and satisfy himself/herself/itself that there is adequate cover against loss or damage by fire and other risks arising out of or during the delivery of goods or the progress of work undertaken by the Company and any associated subcontractor whether the Client be the freeholder, lessee or mortgagee of the property. Unless otherwise expressly agreed the
Company is not liable for any loss or damage whatsoever to the works, materials on site or any property of the Client howsoever or whensoever caused.
Should at any time the law change in relation to VAT, or in the event of H.M. Customs and Excise ruling the VAT is chargeable on items the Company zero rated on your order; the Company reserve the right to collect the tax due from the Client at any subsequent date.
43. PROPER LAW
The contract shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.