1. The maintenance contract covers the labour costs of inspection and tests only. The customer agrees to pay for all equipment repair and renewal in accordance with Davenheath prices from time to time. These Terms and Conditions applies to any visit made by a Davenheath engineer and/or representative who undertakes work on behalf of Davenheath Ltd.
2. The customer will provide access to all necessary parts of the premises to Davenheath personnel for routine maintenance during normal working hours (being 8.00am – 4.00pm Monday to Friday) or as agreed with the customer if in ‘out of hours’.
3. The customer agrees that should an appointment be made for an engineer to attend site for whatever reason but that the engineer is unable to carry out the job as specified Davenheath reserve the right to charge the full service/attendance price.
4. Davenheath reserve the right to charge a late cancellation fee, currently £50 + vat for any maintenance visits booked to be carried out but are subsequently cancelled within 24 hours of proposed attendance.
5. Davenheath reserve the right to charge the proposed works in full, for any installation/additional work visits booked to be carried out but are subsequently cancelled within 24 hours of proposed attendance.
6. Inability by Davenheath to leave the equipment in proper working order shall not be defective performance of the obligations of this contract or the right to reserve payment for the inspection or tests carried out.
7. The customer will report defects in the equipment immediately and not later than seven days in any event.
8. The customer will not interfere or allow third parties to interfere with the equipment covered by this agreement.
9. Davenheath reserves the right to increase the price at any time at its sole discretion, but not less than per annum.
10. This standard contract shall continue for one year and shall continue yearly thereafter until terminated by either party by giving three months’ notice in writing.
11. Davenheath shall not be liable for any loss, injury or damage of whatever nature however caused which may arise as a result of the equipment not being left in proper working order provided that this shall not apply in respect of any liability of Davenheath for death or personal injury from the negligence of the company or its servants or agents.
12. This contract shall not affect any statutory rights to which the customer may from time to time be entitled and which by law cannot be varied or excluded.
13. Any goods supplied shall remain the property of the seller until paid for in full by the buyer and until such payment the buyer shall hold the goods and all items incorporating the goods as bailee on behalf of and in fiduciary capacity for the seller.
14. Parking and Congestion charges may be applied as and when necessary.
15. An ‘Out of Hours’ telephone assistance charge is a mandatory charge to every site under a Maintenance Contract. This charge is currently £15.00 + vat and will be invoiced annually from start of contract. This entitles the client to receive telephone advice throughout the year at no extra charge. Non Contract customers will be charged per call at the non contract price.
16. Charges are applicable for out of hours engineer attendance at the current standard rates.
17. All invoicing details should be advised to Davenheath before any works are carried out. Should any invoice be amended after issue, a charge of £15 plus VAT will be applied to the account
18. Davenheath reserve the right to charge interest on any monies not paid within the payment terms stated on the invoice. Any court costs/debt recovery monies will be solely paid for by the customer.