i. Any special requirements are to be noted in the quotation and work schedule or shall be the subject to a specific variation to the contract signed by both parties.
i. Orders accepted by the company cannot be cancelled by the customer, without the prior written consent of the company and in the event of such cancellation the company shall be entitled to charge the customer costs and expenses incurred, loss of profit and labour time wasted.
ii. To avoid incurring full charges the customer must give written notice of cancellation to the company within seven working days prior to the first day of delivery.
10. Claims for Rectification/ Liability:
i. Claims for rectification must be notified to the company in writing within fourteen days of completion of any works. The company will not be liable for any claim received outside this period. Claims for “damaged or faulty goods” must be made within fourteen days from delivery of the relevant goods.
ii. Where the company investigates a claim and the defect is traced to a problem with materials supplied. The company will return the goods to the original supplier offer replacement but will levy a labour charge for the relevant call out and any rectification works.
iii. The company will carry out the works using reasonable care and skill and where the customer deals with the company as a consumer the customer’s statutory rights are not affected. In the case of a customer who deals with the company in the ordinary course of business all conditions and warranties whether express or implied by statute common law or otherwise as to the quality or fitness for purpose of the works are excluded. Furthermore the company’s liability to the customer or any third party for any loss damage or injury whether direct or indirect resulting from defective design defective material faulty workmanship or for any act, neglect or default of the company, its servants or agents or otherwise howsoever arising out of the contract and whether or not caused by the negligence of the company its servants or agents is hereby excluded to the fullest extend permitted by law.
11. Title and Risk:
i. The risk in any goods supplied, as part of the Works shall pass to the customer immediately on delivery thereof to the customer’s premises or the customer’s authorised agents.
ii. The legal and beneficial ownership of the goods shall remain within the company, which reserves the right to dispose of the goods until the company, in accordance with the terms of this contract, has received payment in full.
iii. Until such payment is paid in full (and received by the company) the customer shall hold the goods and each of them as bailee for the company. The customer must store the goods at no cost to the company separately from all other goods in its possession and marked in such a way that they are clearly identified as the company’s property. The company may (without prejudice to any of its rights or remedies) recover or resell any of the goods and may enter upon the customer’s premises by its servants or agents for that purpose. The company shall not be liable for any damage caused to the customer’s property in the execution of such right whether due to the act or default of any offer servant or employee of the company or the company’s agent and howsoever the same shall have been caused.
iv. If payment is not due it shall become automatically due immediately on the commencement of any Act! or Proceedings in which the customer’s solvency is involved.
i. As from the time of delivery by the company it is the customer’s responsibility to insure the goods and as from that time the company shall not be liable for any loss, damage or deterioration of the goods from whatever cause arising.
i. If the customer enters into a deed of arrangement or compounds with his creditors or if a receiving order is made against him or (being a company) shall pass a resolution or the court shall make an order that the customer shall be wound up (otherwise than for the purposes of amalgamation or reconstruction) or if a receiver shall be appointed of any of the assets or undertaking of the customer or if circumstances shall arise which entitle the court or a creditor to appoint a receiving or manager which entitle the court to make a winding up order or if the customer takes or suffers any similar action in consequence of debt or commits any breach of the contract, the company may stop the works and/ or reclaim the same including any materials on site) and/ or suspend further works and by notice in writing to the customer may forthwith determine the contract without prejudice to any claim or right of action that the company may have against the customer.
i. Any notice required to be given hereunder in writing shall be deemed to have been duly given if sent by pre-paid first class post addressed to the other party concerned at its principal place of business or last known address.
i. The headings to the clauses in these conditions are for guidance purposes only and shall not be used in any way in the interpretation of their meaning.
16 English Law / Jurisdiction:
i. The contract shall be governed by and construed and interpreted in accordance with the laws of England and the customer and the company hereby submit to the non-exclusive jurisdiction of the English courts.
ii. Order and bookings can only be confirmed upon receipt of an official purchase order or a signed Caldere Associates Ltd Sales Order Form.
iii. All orders and bookings will be invoiced in full at the time of confirmation of order or booking.
iv. Caldere Associates Ltd reserves the right to request payment in advance for goods or services when it deems such action necessary.
v. The customer agrees that all hardware, software and relevant facilities will be made available to those persons working for or on behalf of Caldere Associates Ltd. This must also take into account that each trainee when receiving training, will be provided with their own computer to work from.
vi. The order of goods and booking of services to be undertaken implies acceptance of these Terms and Conditions. This Terms and Conditions supersede in their entirety any conditions that may have been contained in any purchase order or other documentation that the customer may issue with respect to the goods or services.
17. Technical Service Support Provision
i. Technical support is for business use only.
ii. When ordering this service we will make a site visit to audit your systems and perform a health check on your existing database. During this process we may recommend steps that are required before starting your subscription. This may require initial consultancy charges or product purchases before subscription can commence.
iii. This service is not a substitute for you taking appropriate steps to maintain and safeguard your database using regular backups and other maintenance procedures.
iv. In providing this service we will use our best efforts to provide remote support within the timescales agreed with you. However all dates and times are estimates and we cannot guarantee that we will meet them.
18. Scope of Technical Support Coverage:
i. The support service is subject to fair usage. We may cease or suspend your use of technical support if we have reason to believe that you are using it over and above what is reasonable for this type of service for example as a replacement for training.
ii. Subscription to this service are based on the number of PCs you have on site. The service provides you with:
A. Remote access for supporting and diagnosing issues.
B. Support is provided Monday-Friday 9:00am— 5:30pm (excluding bank holidays). Work conducted outside these times will be charged at £160 per hour. Any subsistence costs incurred by the Company in carrying out such work, such as hotel accommodation and meals will be charged to the Customer.
C. We will endeavour to correct any problems via remote access and telephone methods.
D. Site visits are not included within the support agreement and are available Monday—Friday 9:00am—5:30pm excluding bank holidays. Timescales for visits are agreed at the time of request.
E. Services provided outside the scope of the contract, excluding travel hours will be charged to the Customer.
F. In the event of an operative not being immediately available to diagnose your fault, one of our
19. General Terms:
i. We do not guarantee that we will be able to fix all faults reported to us, or that we will be able to advise you on all issues raised.
ii. We are not liable for failures in any of the supported applications an operating systems. We recommend that you perform regular backups as we cannot accept any liability for loss or corruption of your data.
iii. We reserve the right to modify these terms without prior notice.
1. All prices are quoted exclusive of VAT and are valid for 30 days from the date shown on the document.
2. Travel expenses are billed at £0.40 per mile unless stated.
3. We request that travel expenses by air and any hotel accommodation be pre-paid.
4. Carriage is payable on all deliveries of hardware and software.
5. Delivery dates for all hardware and software are subject to availability.
6. Payment for hardware, software, consultancy, training and support will have to be paid fully in advance.
7. Payment for project work, consultation and any other service is strictly due within 7 days from invoice date.
8. Caldere Associates Ltd reserves the right to withhold, suspend, reschedule, or cancel the delivery of goods or services in any instance it deems such action necessary.
9. In the event of cancellation of any booking by the customer, the following fees will apply.
0 – 1 Working Days Notice FULL FEE
1 – 5 Working Days Notice 50% of FEE
6 Working Days or more NO FEE
15. In the event of non- attendance by the customer. A course or booking will be deemed as cancelled by the customer and the full fee will apply.
16. All work undertaken by Caldere Associates Ltd or its subcontractors working on behalf of Caldere Associates Ltd will be undertaken on a best endeavours basis. It should be noted that Caldere Associates Ltd will not be held responsible for any possible data loss, software failure, or non compatibility of any existing or future computer hardware or software – including any potential data loss.
17. Should any person working for or on behalf of Caldere Associates Ltd become aware of any potential problems at the time of undertaking the agreed work, we will endeavour to provide constructive advice.
18. All software provided by Caldere Associates Ltd is subject to the relevant authors/manufacturers license agreements, software limited warranties and limitation of remedies.
19. It is the customers’ responsibility for satisfying themselves that the services purchased suitably meets their requirements. The customer is also responsible for ensuring that the product is fit for the purpose they intend to use it for, in respect of features, faults and compatibility.
20. Caldere Associates Ltd shall not be liable to the customer on any account whatsoever, in the even that Caldere is prevented from fulfilling it’s obligations there under due in whole or in part to an event of Force Majeure which shall any circumstance of, be beyond reasonable control of Caldere Associates Ltd.
21. The customer undertakes to procure that there is sufficient employer’s liability insurance to protect any person working for or on behalf of Caldere, whilst working at the customer’s premises.