Terms & Conditions of Service
Recital
This Agreement is entered into for the provision of services relating to the repair, maintenance and servicing of commercial refrigeration equipment (“the Equipment”) by the Service Provider to the Client. The Service Provider agrees to carry out the Services and the Client agrees to pay the Service Provider for services rendered in accordance with the terms set out below.
1. Interpretation
In this Agreement, unless the context otherwise requires:
- “Service Provider” means ACR Repairs.
- “Client” means the person, firm, company or other entity engaging the Service Provider.
- “Services” means the repair, maintenance, servicing and any associated work carried out by the Service Provider on the Equipment.
- “Equipment” means the commercial refrigeration equipment to be repaired, maintained or serviced.
- “Agreement” means these Terms and Conditions of Service.
2. Term and Termination
2.1 This Agreement shall commence on the date on which the Service Provider begins the Services and shall continue until the Services have been completed, unless terminated earlier in accordance with this clause.
2.2 Either party may terminate this Agreement by giving written notice to the other party if the other party commits a material breach of any term of this Agreement and (if such breach is remediable) fails to remedy that breach within 14 days of receipt of notice in writing requiring it to do so.
2.3 The Service Provider may terminate this Agreement immediately by giving written notice to the Client if the Client fails to pay any amount due under this Agreement on the due date for payment.
2.4 On termination of this Agreement, the Client shall immediately pay to the Service Provider all outstanding unpaid invoices and interest. In respect of Services supplied but for which no invoice has been submitted, the Service Provider shall submit an invoice, which shall be payable by the Client immediately on receipt.
3. Obligations of the Service Provider
3.1 The Service Provider shall provide the Services with reasonable skill and care, in accordance with generally recognised commercial practices and standards in the industry for similar services.
3.2 The Service Provider shall use reasonable endeavours to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
3.3 The Service Provider shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services.
3.4 The Service Provider shall indemnify the Client against all liabilities, costs, expenses, damages and losses suffered or incurred by the Client arising out of or in connection with the Services, to the extent that such liability arises from the negligence, default or breach of duty of the Service Provider or its employees or agents.
3.5 The total liability of the Service Provider to the Client under or in connection with this Agreement shall not exceed the total charges paid by the Client to the Service Provider for the relevant Services giving rise to the claim.
3.6 The Service Provider shall maintain adequate records of the Services performed and shall make such records available to the Client upon reasonable request.
3.7 The Service Provider shall comply with all applicable laws, regulations and industry standards in the performance of the Services, including but not limited to F-Gas regulations and health and safety legislation.
3.8 The Service Provider may subcontract the performance of the Services, or any part thereof, to a qualified third party. The Service Provider shall remain responsible for the acts and omissions of any subcontractor as if they were the acts and omissions of the Service Provider.
4. Intellectual Property Rights
All intellectual property rights in or arising out of or in connection with the Services shall be owned by the Service Provider. The Service Provider grants to the Client a non-exclusive, royalty-free licence to use any documentation or reports produced as part of the Services, solely for the Client’s internal business purposes.
5. Expenses
The Client shall reimburse the Service Provider for all reasonable expenses incurred in the performance of the Services, including but not limited to the cost of parts, materials and components required for repairs. Such expenses shall be itemised and included in the Service Provider’s invoice.
6. Formal Provisions
6.1 Independent Contractor. The Service Provider is an independent contractor and nothing in this Agreement shall be construed as creating an employment relationship, partnership, joint venture, or agency relationship between the parties.
6.2 This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
6.3 This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the law of England and Wales.
6.4 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.
Payment Terms
All invoices must be paid within 7 days otherwise 5% interest will be added daily and Admin fees will be added.
If you have any questions regarding these terms, please contact us at info@acr-repairs.co.uk or call 0207 870 9645.