|IMS Heat Pumps Limited – TERMS & CONDITIONS OF CONTRACT FOR PROJECT WORKS|
1.1 IMS HEAT PUMPS LIMITED: IMS HEAT PUMPS LIMITED, whose Registered Office address is 6a West Brougham Street, Stanley, Perth, PH1 4NH.
1.2 The Contract: means the offer for the supply of goods and / or services by IMS HEAT PUMPS LIMITED in the form of The Quotation, these Terms & Conditions and the signed acceptance of the offer by the Client.
1.3 The Services: means the goods and / or services to be provided by IMS HEAT PUMPS LIMITED either directly, or through others, in accordance with the Quotation.
1.4 The Client: means the person stated in the IMS HEAT PUMPS LIMITED Quotation.
1.5 The Specification: means the specifications, performance details or description of any services, as set out in the Quotation or as subsequently varied by way of agreement in writing between IMS HEAT PUMPS LIMITED and The Client.
1.6 The Quotation: means The Specification and price for supplying The Services in the form of a Quotation from IMS HEAT PUMPS LIMITED to the Client.
1.7 Every Quotation or any variation subsequent to the initial Quotation will be subject to these Terms & Conditions. These Terms and Conditions will prevail over any conditions of purchase of the Client unless otherwise accepted in writing by IMS Heat Pumps Limited. No variation shall be valid unless committed to writing and agreed by both parties.
2. PERIOD OF ACCEPTANCE
2.1 The Quotation is open for acceptance by The Client within 30 days from the date of The Quotation. Acceptance of The Quotation by The Client by signing the Order Form constitutes an acceptance of The Specification contained within The Quotation and these Terms and Conditions.
3. PERSONNEL PERFORMING THE SERVICES
3.1 The Services shall be carried out by suitably qualified personnel.
4.1 4.1 The Quotation is based upon information supplied by the Client to IMS HEAT PUMPS LIMITED. If information is found to be inadequate or incorrect IMS HEAT PUMPS LIMITED will not accept liability and the Client will reimburse IMS HEAT PUMPS LIMITED for any extra costs as necessary.
4.2 The obtaining of any necessary licences, permits, consents, or approvals necessary to enable IMS HEAT PUMPS LIMITED to provide the Services to the Client will be the responsibility of the Client. Nothing in these Terms and Conditions will absolve IMS HEAT PUMPS LIMITED of its duties and responsibilities under the law regarding health and safety.
4.3 IMS HEAT PUMPS LIMITED reserves the right to change specifications and equipment with models of a similar performance.
5.1 The Quotation is based upon taxes payable at the date of the Quotation. If changes occur to the tax payable after the date of the Quotation, then the price shall be adjusted accordingly.
5.2 If IMS HEAT PUMPS LIMITED is delayed, or has work disrupted by the Client or others, then the additional costs of such delay or disruption will be added to the price for the provision of Services.
5.3 All requests for changes or additional work must be agreed in writing by both parties. If no instruction is received from The Client within 7 days, the works will be carried out in accordance with the original Contract.
5.4 The Price is fixed for a period of 6 months from date of order. Where goods and services are provided after this period, IMS HEAT PUMPS LIMITED will confirm in writing any applicable price increases to be applied to the Contract.
6. PAYMENT TERMS
6.1 Individual project payment terms are outlined in the quotation and form part of these terms and conditions.
7.1 Payments shall be made by the Client to IMS HEAT PUMPS LIMITED in accordance with the stage payments set out in the Quotation. An invoice for the first stage payment will be raised when the Client’s signed Order Form is received.
7.2 The Client shall pay IMS HEAT PUMPS LIMITED further invoiced sums within seven days of receipt of an invoice. Interest will be payable at the rate of eight per cent per annum above Barclays Bank base rate on all overdue payments.
7.3 Should you wish to cancel the Contract within the 14 working day cooling off period, the cancellation form provided with the quotation must be returned to IMS HEAT PUMPS LIMITED.
7.4 Should you wish to cancel the Contract after the 14 working day cooling off period; the Company reserve the right to charge for any reasonable costs incurred up to that point.
7.5 IMS HEAT PUMPS LIMITED reserve the right to refuse service to anyone, for any reason, at any time.
8. RISK AND OWNERSHIP
8.1 Risk in any goods delivered as part of the Services shall pass to the Client on the date of delivery of such goods to the site or other agreed delivery point.
8.2 Notwithstanding delivery and passing of risk in the goods, where client monies have been used to make specific purchases on their behalf, then legal title to those goods or the proportion of them that have been paid for, will pass to the client.
8.3 Until title passes, the Client shall hold any goods supplied under this Contract for IMS HEAT PUMPS LIMITED and shall mark them so that they can always be identified as being in the ownership of IMS HEAT PUMPS LIMITED.
8.4 Where title has passed to the Client, IMS HEAT PUMPS LIMITED shall hold any goods supplied under this contract for the Client and shall mark them so that they can always be identified as being in the ownership of the Client.
9.1 Full equipment and material warranty information is provided by the manufacturer. The Client should refer to the Manufacturer Warranty documentation for specific terms and conditions relating to the goods supplied to the client.
9.2 Where equipment is being delivered to The Client in advance of IMS HEAT PUMPS LIMITED’s arrival to site to complete the Services, The Client should ensure that all goods are fully inspected, and any issues advised to IMS HEAT PUMPS LIMITED within 48 Hours. IMS HEAT PUMPS LIMITED will organise the replacement of damaged equipment or materials under the terms of delivery and / or warranty.
9.3 Where equipment is already installed or in-situ The Client should advise IMS HEAT PUMPS LIMITED in writing of any breach of warranty within fourteen days of discovering such breach and confirm that it wishes to make a warranty claim for rectification of the defect. IMS HEAT PUMPS LIMITED will organise the replacement of faulty equipment or materials under the terms of the warranty.
9.4 Manufacturer warranty is transferable from the customer of IMS HEAT PUMPS LIMITED in cases when the property in which the system has been installed is sold within the warranty period. It may not be transferred to, or exercised by, any third party.
9.5 Unless stated otherwise in the Quotation, IMS HEAT PUMPS LIMITED warrants that the Services will be supplied in accordance with the Specification and will be free from defects in material and workmanship for a period of twenty-four months from the date of completion of the Services. The Client should advise IMS HEAT PUMPS LIMITED in writing of any breach of this warranty within fourteen days of discovering such breach and confirm that it wishes to make a warranty claim for rectification of the defect.
9.6 For the avoidance of doubt, where material warranty excludes labour and associated costs of replacement, IMS HEAT PUMPS LIMITED shall not be liable for any labour and associated costs.
9.7 The Services warranty is transferable from the customer of IMS HEAT PUMPS LIMITED in cases when the property in which the system has been installed is sold within the warranty period. It may not be transferred to, or exercised by, any third party.
9.8 In the event of a valid warranty claim by the Client, IMS HEAT PUMPS LIMITED shall be entitled (at IMS HEAT PUMPS LIMITED’s discretion) either to repair or replace the defective part of the Services free of charge and IMS HEAT PUMPS LIMITED shall have no further liability to the Client in respect of consequential loss.
10. INDEMNITY AND INSURANCE
10.1 IMS HEAT PUMPS LIMITED will maintain an appropriate level of insurance to meet its legal liability for injury to its own personnel, injury to third parties or damage caused to the property of others during work under the Services to be provided.
11. LIABILITY OF IMS HEAT PUMPS LIMITED
11.1 IMS HEAT PUMPS LIMITED shall not be liable for any indirect or consequential losses arising from the provision of the Services, including without limitation any delays, loss of use or loss of profits.
11.2 IMS HEAT PUMPS LIMITED shall not be liable for any requirements of third-party grant funding schemes and their associated terms and conditions.
11.3 The liability of IMS HEAT PUMPS LIMITED shall be limited to the re-performance of the Services, in so far as it is possible, to the extent necessary to remedy any material performance deficiencies provided that the Client gives written notice of the deficiencies as provided in clause 9.1 above.
11.4 IMS HEAT PUMPS LIMITED accepts no liability for any effect of direct or indirect works may have on foundations, services or structures, and the Client should arrange for his other Consultants to advise on the potential impact of such works and approve the position and construction of such works.
11.5 IMS HEAT PUMPS LIMITED shall be reliant upon information provided by the Client, it’s Architects, Engineers and other contractors and no liability is accepted by IMS HEAT PUMPS LIMITED for the adequacy or correctness of such information. If basic design information is not provided by the Client and IMS HEAT PUMPS LIMITED derives its own figures for the purposes of providing the Quotation, then the Client shall be responsible for approval of such figures prior to the production of the final Specification or any subsequent variation.
11.6 IMS HEAT PUMPS LIMITED will always install equipment as per manufacturer instruction and industry standards. However, IMS HEAT PUMPS LIMITED cannot accept liability for any difference in manufacturer laboratory tested performance versus actual site performance due to the uncontrolled nature of the site and usage of the equipment.
11.7 IMS HEAT PUMPS LIMITED will use best endeavours to meet agreed project time scales. In the case of major delay to the delivery of goods and services outside of the control of IMS HEAT PUMPS LIMITED, equivalent goods or services may be offered. In the case of major delay to the delivery of goods and services within the control of IMS HEAT PUMPS LIMITED, the Client may cancel the contract and be refunded in full.
11.8 If IMS HEAT PUMPS LIMITED are in serious breach of our obligations under these Terms and Conditions, then you have a right to cancel the contract and receive an appropriate refund, or request repair/replacement, or request compensation. You may seek these remedies if what we supply,or install is faulty,incorrectly described or not fit for purpose.You cannot seek those remedies if you change your mind about the contract or you decide you no longer want some or all of the components.
12. INCLUSIONS AND EXCLUSIONS
12.1 Where the performance of the Services includes installation or commissioning of equipment at a site, unless otherwise stated in writing, the inclusions and exclusions outlined in the Quotation form part of the contract.
13. SOCIAL MEDIA
13.1 Unless otherwise informed in writing, The Client grants IMS HEAT PUMPS LIMITED the right to use photographs of the site and the installation work completed by IMS HEAT PUMPS LIMITED for marketing and information purposes. This could include digital copies on our website and other social media outlets including, but not limited to, Facebook, LinkedIn, Twitter and Instagram. Posts made by IMS HEAT PUMPS LIMITED do not include any identifying information as defined by the GDPR regulations.
13.2 If you do not wish works on your property to feature in our Social Media, please advise your Project Co-ordinator.
14. HEALTH & SAFETY
14.1 Unless otherwise agreed in writing, nothing in the Quotation or these Terms & Conditions assigns IMS HEAT PUMPS LIMITED with the role of Principle Designer or Principle Contractor status as defined under The Construction (Design and Management) Regulations 2015.
14.2 IMS HEAT PUMPS LIMITED will deliver the services in line with our Health & Safety Policy. Where a site is deemed to pose a risk to IMS HEAT PUMPS LIMITED’S personnel, or others onsite, IMS HEAT PUMPS LIMITED reserves the right to leave site until such time as the site can be made safe.
14.3 In the event that IMS HEAT PUMPS LIMITED find, or become aware of, Asbestos on any site they are providing the Services on, The Client will need to provide a Clearance Certificate prior to IMS HEAT PUMPS LIMITED’S return.
14.4 IMS HEAT PUMPS LIMITED shall not be liable for any indirect or consequential losses arising, including without limitation, any delays, loss of use or loss of profits from any of these circumstances.
15.1 IMS HEAT PUMPS LIMITED shall not be liable for any failure in the performance of any of its obligations under this document caused by factors outside its control.
15.2 This document shall be governed by English law.