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Top Safety Accreditation for Harcross Limited

Harcross Limited has been awarded accreditation from safecontractor for its commitment to achieving excellence in health and safety. safecontractor is a leading third party accr... more

 

CAI

Harcross Limited (Standard Conditions of Trading for Commercial and Systems Work)

  1. In the following paragraphs the Company shall mean Harcross Limited and the Customer shall mean any person company or organisation that places an order on the Company for the supply of materials and/or services.  All orders received by the Company for the supply of materials and/or services will be subject to the following conditions that will form the basis of the Contract between the Company and the Customer.  These conditions (together with any order form and/or acceptance of order form) constitute the entire agreement between the parties and the Customer warrants that it has not entered into the Contract as a result of any representation promise warranty or agreement other than as contained in these conditions.
     
  2. Except where standard bulk-rate prices have been negotiated between the Company and the Customer, the Company will assess each job and estimate for the work considered to provide the best quality reception of signals in the prevailing reception conditions.  A further assessment will be made on completion of the work and further recommendation made where appropriate.
     
  3. (a) Equitable and beneficial ownership of the goods supplied shall remain with the Company until full payment has been received.
    (b) For non payment we may require the Customer upon reasonable notice to return and deliver up the goods to us failing which we shall take legal proceedings to recover the goods or their value.
     
  4. By accepting the supply of goods or services the Customer gives the right of access to the Company to enter upon the property for the sole purposes of carrying out the work ordered.  Where the Customer does not own the property it is the responsibility of the Customer to obtain such permission from the owner and the Customer warrants that such permission has been obtained.  Furthermore it is the responsibility of the Customer to obtain planning permission, should this be required and the Company accepts no responsibility for the cost of removal/re-siting of any antenna if this permission has not been obtained.
     
  5. The Company undertakes to make good any damage caused directly to the property by the execution of the work under this Order, provided the Company is notified of such damage within 30 days and given reasonable opportunity, and access, to inspect the damage prior to repairs being carried out should the Company wish to inspect.  The Company shall not be liable for such damage unless this condition is strictly observed but the statutory rights of the Customer shall not be affected.
     
  6. The Company undertakes to maintain insurance cover against public liability cover for an amount not less than 5 million in any one claim.
     
  7. The Company reserves the right to decline to carry out work that, in its sole judgment, is considered to be unsafe.
     
  8. (a) Unless other terms have been agreed, e.g. NHBC warranty period, then all installations will be guaranteed for a period of 12 months from date of commissioning against faulty workmanship and materials with the exception of all existing materials and/or equipment that is re-used. Equipment installed to specification will be covered by the manufacturers own warranties.

    (b) The Company cannot guarantee the quality of reception, as this is dependent on factors outside its control.  However, every effort will be made by the Company to ensure that the reception obtained is as good as the prevailing local factors allow.

    (c) The Company cannot guarantee against Calls made necessary during the installation and guarantee period by faults caused by MISUSE, DAMAGE, VANDALISM, THEFT, FLOODS, LIGHTING or HIGH WINDS in excess of 160 kph, or any cause not attributable to a technical breakdown or failure of components will be fully chargeable at our current Service Rates for labour (including Call-out Charge) and for the cost of replacement parts.

    (d) The Company will take all existing and known factors into account when designing/ installing your system/ aerial and conform with the relevant codes of practice but the Company cannot guarantee the quality of the system/ reception where factors, the affect of which are unknown at the time or which occur after installation, adversely affect the same, for example, but not limited to, the affect of the Long Term Evaluation (LTE) system which is intended for mobile data transfer such as broadband and phones (as the effect of this on Television transmissions is unknown), new buildings erected in the vicinity, wind turbines erected and so on.  This list is not exhaustive.

    (e) Therefore if you require the Company to return to your premises to rectify any faults with the system/ aerial which are then found to have been caused by any of the above factors or other external factors outside of our control then you will be obliged to pay our charges at the prevailing rates for that work

    (f) It is possible that, where other transmissions, for example but not limited to, LTE affect your system/ aerial and the reception/ transmission, OFCOM or a body appointed by them may accept responsibility for the cost and we would suggest that you contact them in those circumstances.

    (g)  If you call back the Company to rectify a problem which can be rectified by the operating of Customer accessible controls by you without the need for our presence, then you will be obliged to pay the prevailing call out charge.

    (h)   Your statutory rights regarding faulty materials or misdescribed goods are not affected.
     
  9. The Company draws to the attention of the Customer the following recommendations of the BBC regarding the installation of UHF aerials in lofts.  The television and radio transmitter networks have been carefully planned to make best use of the frequencies available.  The plan assumes that a good aerial mounted OUTSIDE would be used for television or VHF radio in the home.  Loft mounted aerials may sometimes be suitable for VHF stereo radio, but indoor aerials are never recommended for television.   In all cases the fitting of an aerial in a loft will adversely affect the quality of reception obtained.  Although the Company will make every effort to obtain satisfactory reception it cannot guarantee the results from aerials so sited.
     
  10. In general the Company will direct aerials towards the transmitter designated by the BBC and Ofcom to serve the area in which the property is situated.  Where the Customer specifically requests reception from an out of area transmitter the Company will make every effort to obtain satisfactory reception but reserves the right to make a service charge if reception proves unacceptable.
     
  11. Where an MATV, SMATV, or satellite IF system has been installed, the Company shall provide the Customer with a commissioning report to record the type of system and the signal levels achieved at the headend and at the various points throughout the system.
     
  12. Systems shall comply with all relevant British and European Standards and the CAI Codes of Practice or such other current or future regulations or British or European Standards from time to time.   This includes Standards for Health and Safety as well as system performance.  Where these Standards are not included in the specification the Company shall advise the Customer on such applicable Standards.
     
  13. Digital terrestrial signals:

    (a) Until the digital network is fully operational across the UK no guarantees of digital reception, by aerials installed before that time, can be given.

    (b) Where digital signals prove to be below the threshold recommended in the CAI Codes of Practice, but the Customer is satisfied with the reception quality of sound and picture, then the Company cannot be held responsible for the maintenance of that quality under the normal guarantee terms.  Should deterioration of reception occur for any reason other than mechanical or electrical breakdown of the aerial equipment, then the Company reserves the right to impose service charges if the Customer requests further efforts.

    (c) The Company reserves the right to charge for work which may result from unacceptable reception on aerials described as compatible for digital reception, but proving unacceptable once broadcasts start at full power in the area in which it was installed.
     
  14. Point 13(b) also applies to FIVE (Channel 5) analogue signals.
     
  15. The Company shall not be held responsible for loss of reception due to the future encryption or broadcast modulation change of any signal received, regardless of transmission platform.  Furthermore, should equipment breakdown cause loss of signal during any guarantee period then the Company’s liability is limited to the repair/ replacement of the faulty equipment within a reasonable period of time. This does not affect the Customer’s statutory rights.
     
  16. Door Entry Systems:

    (a) Electric Lock Releases - Unless specified, the standard electric lock release allowed for in this quotation is only suitable for fitting to a wooden framed door that is to be fitted with a standard night latch type lock. Unless specified, our standard lock releases are finished in grey epoxy painted stainless steel, with a chrome-plated latch.

    (b) Double Doors - If there are double leaf or one and a half leaf doors at the main entrance, one of the leaves must be bolted. If we are required to fit an electric release to such a door, a wiring route through the fixed leaf must be already provided. We are quite happy to provide advice on how this may be achieved.A door wring loop will be necessary to connect the wiring through the door from the lock release to the wiring back to the control equipment. Unless specified, this door loop will be a standard white PVC loop
    (c) Metal or uPVC Doors - If metal or uPVC doors are to be used on the contract, we require full specifications including dimensions before we can prepare a quotation. Therefore, unless specified our quotation will not contain any provision for this type of door. Metal or uPVC doors and frames supplied either with or without manufacturer-fitted lock releases will be required to be pre-wired by the manufacturer or others. Due to the nature of this type of door and frame e.g. they are usually sealed units; they can contain hydraulic gas cylinders for automatic closing, etc. we are unwilling to accept the responsibility of drilling into these doors or altering them in any way.

    (d) Non-standard Door Operation - We will need to be informed of any non-standard door operation, such as rebated double doors or two-way opening as soon as possible, so that we may adjust our quotation accordingly.

    (e) Locks & Door Furniture - Unless specifically requested, our quotation does not include for the provision of locks or any other type of door furniture, such as paddle handles or automatic door closers, amongst others.
     
  17. All prices quoted are fixed for 3 months from date of quotation. Any work that commences after the fixed period will be subject to a costing review, which may result in an increase in the value of the quotation. Should this be the case we will inform you in writing .
     
  18. Except for approved trade accounts, terms are strictly COD.  At its sole discretion the Company may invoice the Customer for the work carried out.  All such invoices are strictly net and unless otherwise agreed by the Company are due for payment within 7 days (30 days for trade accounts) from the date of invoice.
     
  19. The price payable will be the Company’s price as stated on their quotation at the date of placement of the order or such variation to that price as otherwise agreed by the Company with the Customer and stated on the order form and/or acceptance of order form.
     
  20. All sums unpaid after the date on which payment became due in accordance with clause (20) above (“Payment Date”) shall bear interest at 8% above the Bank of England base rate from the Payment Date to the date of actual payment at the prevailing interest rate in accordance with the Late Payments of Commercial Debts (Interest) Act 1998.
     
  21. Contracts goods shall be at the Customer’s risk for insurance when delivered to the Customer’s vehicle (if collected) or to their premises or wherever directed by the Customer (if delivered).
     
  22. If the Customer shall commit a breach of any of these conditions or if any distress or execution is levied on any of the property or assets of the Customer or if the Customer shall suspend payments of its debts or shall make an offer or any arrangement or composition with creditors if an interim receiver of the Customer’s property shall be appointed or the Customer commits an act of bankruptcy, or if an bankruptcy petition or order is presented or made against the Customer or any resolution or petition to wind up the Customer’s business or any administration order in relation to the Customer is passed presented, or a receiver, administrative receiver or manager of its assets shall be appointed then without prejudice to any other rights including rights to damages which the Company may have:-

    (a) any sums due in respect of goods which have been delivered to the Customer shall become payable forthwith; and

    (b) the Customer’s rights to possession of and to sell the Contract goods shall cease and the Company shall be entitled to enter the Customer’s premises for the purpose of repossessing and repossess all goods which are the property of the Company; and

    (c) the Company shall be at liberty at any time thereafter to cancel, by notice in writing to the Customer, all orders and contracts or any part thereof remaining unfulfilled between the parties and the Customer shall be responsible for all costs allowable by the court if the court finds that the Customer is in breach of contract.
     
  23. The Customer is deemed to have and acknowledges that it has, exercised its own skill and judgment in selecting the goods ordered in entering into this Contract and has not relied upon the skill judgment or advice of the Company, except where stated.  The Company can accept no liability for any inaccuracies in information or advice given or for any losses direct or indirect arising out of or in consequence upon any advice particularly where the Company has relied upon information given by the Customer in providing such advice.
     
  24. Acceptance of any goods returned due to the error of the Customer, whether in the terms of its order or otherwise, is entirely at the discretion of the Company.  Without prejudice to the generality of the foregoing, any such return will only be accepted by the Company subject to a handling charge.
     
  25. The Company’s liability to the Customer whether in Contract or otherwise shall in any event be limited to the invoice value of the goods in respect of which such losses are claimed by the Customer and the Company shall not be liable for any consequential losses of the Customer.
     
  26. No representation is made or warranty given by the Company that any goods supplied to the Customer do not infringe any patents, trademarks, registered designs or other similar intellectual property rights and the Customer should satisfy itself of this.
     
  27. The time quoted for delivery/performance is estimated and not a guarantee.  This does not affect your rights, under the Supply of Goods Act, to expect work to be completed within a reasonable time.  The Company shall not be liable for any failure to deliver the goods or supply the services arising from circumstances outside the Company’s control and non exhaustive illustrations include acts of God, war, riot, explosion, abnormal weather conditions, fire, flood, government action, strikes, lock out, delay by suppliers, accidents and shortage of materials, labour or manufacturing facilities.  If the Company is prevented from delivering or providing services in the above circumstances then it shall notify the Customer of this act in writing within 14 days of the date on which it becomes apparent that the Company is unable to deliver the goods or supply the services as a result.   If the circumstances preventing delivery or fulfillment of the services are still continuing 3 months from and including the date when the Company sent such notice then either party may give written notice to the other cancelling the Contract and such written notice must be received while the circumstances are still continuing.
     
  28. If the Contract is cancelled in this way the Company shall refund any payment which the Customer has already made on account of the price of the Contract (subject to deduction of any amount which the Company is entitled to claim from the Customer) but the Company accepts no liability to compensate the Customer for any further loss of damage caused by the failure to deliver or supply services and/or goods.
     
  29. This agreement shall not be assigned by either party without first ensuring that the person to whom the benefit or burden is assigned agrees to be bound by the terms of this agreement
     
  30. The Contract (Rights of Third Parties) Act 1999 shall not apply to this Contract so that only the parties to this Contract shall be entitled to enforce the provisions of this Contract, save for any assignee permitted in accordance with clause (29) above.
     
  31. Any dispute under or arising out of any order accepted by the Company which cannot be satisfactorily resolved between the Company and the Customer may be referred to an independent arbitrator to be appointed by the Chairman of the Confederation of Aerial Industries Limited if both parties consent.  The finding of the arbitrator so appointed shall, where legally permissible, be binding on both parties including their determination as to the payment of their costs.
     
  32. Each condition in these conditions of trading shall be independent and severable from the remaining conditions and enforceable accordingly. If any provisions shall be unenforceable for any reason but would be enforceable if part of the wording thereof were deleted, it shall apply with such deletions as may be necessary to make it enforceable. If any clause is held to be unenforceable in it’s entirety then it shall be struck out and the remainder of these terms shall be unaffected.
     
  33. This Agreement is governed by English law and the English courts or otherwise by the jurisdiction most appropriate if the contract is performed outside England and/or the property at which the services are performed or to which the goods are delivered is outside England in which case it is for the parties to agree on jurisdiction or for the court to determine jurisdiction.

 

Harcross Limited
Hove Technology Centre
St Josephs Close, Hove
East Sussex, BN3 7ES

Tel:01273 771902
Fax: 01273 208450

Registered Office
335 City Road, London,
EC1V 1LJ

Registered in England & Wales
No: 00728916
VAT No: 207 865 841

 © Harcross Limited 2013

Terms & Conditions