STANDARD TERMS AND CONDITIONS
FOR SUPPLY OF GOODS & SERVICES

OF
Phoenix Mechanical Engineers Ltd

1 DEFINITIONS

In this document the following words shall have the following meanings:

1.1 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.2 “Customer” means any person who purchases Goods and Services from the Supplier;

1.3 “Goods” means the articles specified in the Proposal;

1.4 “Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;

1.5 “Services” means the services specified in the Proposal;

1.6 “Supplier” means Phoenix Mechanical Engineers Ltd of Phoenix House, Stoke Road, Elmstone Hardwicke, Cheltenham GL51 9SY

1.7 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.

2 GENERAL

2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.

2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.

2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.

2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.

3 THE ORDER

3.1 The Proposal attached to these Terms and Conditions shall remain valid for a period of 28 days

3.2 The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.

3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.

4 PRICE AND PAYMENT

4.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.

4.2 Payment of the price shall be in the manner specified in the Proposal.

4.3 If the Customer fails to make any payment within Thirty Days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 5% per month on the outstanding amounts.

5 DELIVERY

5.1 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods.
5.2 All risk in the Goods shall pass to the Customer upon delivery.

6 TITLE

Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.

7 CUSTOMER’S OBLIGATIONS

To enable the Supplier to perform its obligations the Customer shall:

7.1 co-operate with the Supplier;

7.2 provide the Supplier with any information reasonably required by the Supplier;

7.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and

7.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.

8 SUPPLIER’S OBLIGATIONS

8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.

8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.

8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.

8.4 In addition to the Customer’s statutory rights, the Supplier guarantees all Goods against faulty workmanship and materials for a period of 3 Months from the date of delivery.

8.5 The Supplier provides the following guarantee(s) in relation to the Services carried out:

1 Year

9 CANCELLATIONS AND REFUNDS

9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 10 days of delivery and the Customer shall be entitled to replacement Goods or a full refund.

9.2 The Customer may cancel an Order by notifying the Supplier in writing at the address above within 28 days of placing an Order.

9.3 If the Customer fails to cancel the order within the time specified in Clause 9.2 any deposit paid may not be returnable.

10 LIMITATION OF LIABILITY

10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.

10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.

11 FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

12 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

13 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

PROPOSAL

NAME OF SUPPLIER:

Phoenix Mechanical Engineers Ltd.

BUSINESS ADDRESS OF SUPPLIER:

Phoenix House, Stoke Road, Elmstone Hardwicke, Cheltenham, GL51 9SY

REGISTERED COMPANY ADDRESS OF SUPPLIER:

Harper Sheldon Chartered Accountants, The Old School House, Leckhampton Road,
Cheltenham, GL53 0AX

NAME OF CUSTOMER:

ADDRESS OF CUSTOMER:

DESCRIPTION OF GOODS:

DESCRIPTION AND SCOPE OF SERVICES:

LOCATION WHERE GOODS AND SERVICES ARE TO BE RENDERED:

Phoenix House, Stoke Road, Elmstone Hardwicke, Cheltenham, GL51 9SY

THE PRICE:

PAYMENT:

Cash, Cheque, Debit Card, Credit Card, BACS

TIMETABLE:

ADDITIONAL/SPECIAL TERMS:

GUIDANCE NOTES

These notes are provided to assist you in completing your document. They do not form part of the Terms and Conditions.

[ADDITIONAL TERMS]
Specify any additional or special terms. Delete if not required.

[ADDRESS OF CUSTOMER]
The address of the Customer.

[ADDRESS OF SUPPLIER]
The business address of the Supplier.

[CANCELLATION DAYS]
The number of days after placing an order within which the Customer may cancel and receive a refund of any deposit paid e.g. 7.

[DAYS]
The number of days that this Quotation remains valid for.

[DESCRIPTION OF SERVICES]
A description of the Services to be provided and scope of those Services e.g. describe the work to be done, standards, specifications, timetable, safety precautions (including risk assessments, method statement, special hazards, environmental protection, waste disposal etc.), personnel, management and any other attributes relevant to this Quotation.

[DESCRIPTION OF GOODS]
A description (including quantity) of the Goods to be supplied.

[England OR Scotland], [English OR Scottish]
Specify the jurisdiction which will apply to the Agreement. If the Supplier’s place of business is in Scotland insert “Scotland” and "Scottish"; if the Supplier’s place of business is in England or Wales insert “England” and "English".

[GUARANTEE PERIOD]
The guarantee period during which the Seller warrants that the Goods shall be free of any defects, specified in either months or years.

[INTEREST]
The amount of interest payable per month on outstanding amounts.

[LATE PAYMENT DAYS]
Specify the number of days within which the Customer must settle any invoice, after which the Supplier shall be entitled to charge interest.

[LOCATION]
Specify the location where the Goods and Services are to be supplied. Delete if not relevant.

[METHOD OF PAYMENT]
Specify how payment should be made, e.g. “A deposit of £X shall be due by [DATE] with the balance due on completion of the works.” or “Payment of the price shall be due within 14 days of receipt of invoice.” etc.

[NAME OF CUSTOMER]
The name of the Customer.

[NAME OF SUPPLIER]
The name of the Supplier.

[PRICE]
Specify the total price for supplying the Goods and Services, including VAT and any other charges.

[REGISTERED COMPANY ADDRESS OF SUPPLIER]
The registered company address of the Supplier, if Supplier is an incorporated company. Delete if not relevant.

[RETURNS DAYS]
The number of days from the date of delivery of the Goods within which the Customer must notify the Seller of any damaged of faulty Goods. The law says that the Customer must be given a ‘reasonable’ length of time to examine the Goods and check they are satisfactory. If they are not, the Customer should be entitled to reject them and have a full refund.

What is a reasonable time depends on individual circumstances. The Customer would probably have less time to check a toaster than a car, say – but it might not be long, and recent case law suggests that it might be as little as a week or so.

[SERVICES GUARANTEE]
Details of any guarantees granted by the Supplier for the Services, in months or years.

[TIMETABLE]
Details of any timetable for supplying the Goods and Services, e.g. when work shall commence [and finish]. Delete if not required.