Kaztech Electrical Ltd
Full Terms & Conditions of Sale
A. KAZTECH Electrical Limited has agreed to provide electrical portable appliance testing services („the Services”)
B. The Customer has agreed to employ KAZTECH Electrical Limited to provide the Services, set out in this Agreement.
1. Services to be performed
IT IS AGREED AS FOLLOWS:
1.1 KAZTECH Electrical Limited will, exercising reasonable skill and care, provide portable electrical appliance testing services (the services) at the customer’s required premises („ the Site”).
2. Term of Agreement . All appliances to be tested once a year for the period of the contract
3. KAZTECH Electrical Limited Obligations
3.1 KAZTECH Electrical Limited will provide the Services by carrying out inspections on whatever time and date appear most appropriate and attend the Customer’s Site to test portable electrical appliances.
3.2 KAZTECH Electrical Limited will supply the Customer, on the conclusion of the Services, a determination of the appliance tested, more specifically confirmation of testing
4. The Customer’s Obligations Portable Electrical Appliance Testing
4.1 The Customer shall make available portable electrical appliances to be inspected and tested on the Site.
4.2 The Customer will notify KAZTECH Electrical Limited when testing on the Site is required and when the Services may be carried out. The customer must ensure that the appliances are ready to be tested on the Site as agreed, as any delay to do so may result in KAZTECH Electrical Limited being unable to carry out the Services and may be entitled to make additional charges at the agreed rate set out and for further performance of the Services. See Section 5.3
4.3 The Customer must ensure that the : Site safe and in compliance with the relevant is Health and Safety regulations and provide a safe and secure means of gaining access to the relevant part of the Site.
4.4 If required the Customer will supply a person or persons to be its point of contact on the Site.
5. Payment Terms
5.1 The agreed price per item is fixed for the duration of the Agreement. KAZTECH Electrical Limited will invoice the customer for sums calculated on the basis of agreed price per fixed item when and after inspected at the Site. VAT will be paid in respect of the Services. All invoices to be paid on a 30 day Term from receipt of invoice. Once the invoice is paid in full then KAZTECH will send the Completion Certificate and Report.
5.2 Cancellation. The customer has the right to cancel the contract up to 31 days before the appointment date and no charge will be applied. If the customer cancels with less than 31 days of the contract starting, then KAZTECH has the right to charge up to 25% of the invoice, If the customer cancels with less than 14 days of the contract starting, then KAZTECH has the right to charge up to 50% of the invoice. If the customer cancels 48 hours or less of the contract starting, then KAZTECH has the right to charge the invoice in full. We do on very rare occasions, offer special considerations to this, as a gesture of Good Will, this decision is to the discretion of the senior management.
5.3 Non-productive Testing. KAZTECH reserve the right to charge an hourly rate of £25.00 per hour per engineer for non-productive time, this would be when the technician is unable to perform testing due to circumstances outside of their control, Or where the engineer is stood waiting for rooms/items to be made available at a much later time than expected.
5.4 Parking Fees, KAZTECH are happy to leave our vehicles on the site car park, should there not be on site parking KAZTECH will try to find a free car park close by. Should this not be possible, we will pay for parking and the ticket price will be added onto the invoice. KAZTECH will provide the ticket for your records
6. Exclusion of Liability
6.1 KAZTECH Electrical Limited will under no circumstances be under any liability for any indirect or any consequential costs, losses, expenses, damage, any loss of business or opportunity howsoever arising resulting from any action taken by KAZTECH Electrical Limited in the performance of the Services. It is firmly agreed.
That KAZTECH Electrical Limited will have no liability for costs or expenses incurred by or on behalf of the Customer in carrying out any work required to achieve compliance at any time within regulations.
6.2 KAZTECH Electrical Limited shall use its reasonable endeavours and shall use reasonable care and skill to inspect the appliances in delivering the services, but shall have no liability at all for any loss or damage of any kind arising from any stoppage breakdown or failure of any appliances tested or of the equipment however occasioned.
6.3 KAZTECH Electrical Limited shall have no liability for any damage to the Customer’s property unless occasioned by the negligence of KAZTECH Electrical Limited
7. Dispute
7.1 Any dispute between the parties to and arising out of this Agreement may be referred on the application of either party to adjudication. The adjudicator will be appointed by the President or proper office of the Institution of Electrical Engineers.
8. Entire Agreement
8.1 This agreement constitutes the entire Agreement between the parties in respect of performance of the Services and any other provisions referred to elsewhere are excluded.
9. Governing Law The Agreement shall be governed and interpreted in accordance with the laws of England and Wales and is subject of the jurisdiction of the Courts of England
10. No Waiver In the event that any party to these terms and conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or that remedy.
11. Severability
KAZTECH Electrical Limited
Each of the obligations contained in the paragraphs and sub-paragraphs of this Agreement shall be construed as separate and severable. If at any time any one or more of the obligations is or becomes invalid, illegal or unenforceable in any respect under law, but would be valid if some part thereof were deleted or the period or the area of application reduced, that obligation will apply modified and probably as may be necessary to make it valid and effective. The validity, legality and enforceability of the remaining paragraphs and subparagraphs will not in any way be affected or impaired accordingly.
Kaztech Electrical Limited 