Our Terms and Conditions

TERMS AND CONDITIONS

Application and entire agreement

1. These terms and Conditions apply to the provision of the services and/or Products detailed in our quotation by Cornwall Erection Services Limited, a company registered in under number 07221200 whose registered office is at Unit 27 Cardrew Trade park North, Cardrew Way, Redruth Cornwall TR15 1SZ, to the person buying the services.
2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the services or products received (whichever happens earlier) and these Terms and Conditions and our quotation are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.

Interpretation

• A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
• The headings in these Terms and Conditions are for convenience only and do not affect interpretation.
• Words imparting the singular number shall include the plural and vice-versa.

Services

• We warrant that we will use reasonable care and skill in our manufacturing of products and performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the services which are necessary to comply with any applicable law or safety requirement and we will notify you if this is necessary.
• We will use our reasonable endeavours to complete the product(s) performance of the services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance or our obligations.
• All these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.

Your Obligations

1. You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to all relevant information, materials, properties, and any other matters which we need to produce the Product(s) and/or provide the Services.
2. If you do not comply with clause 10, we can cease production and/or terminate the Services.
3. We are not liable for any delay or failure to provide the Product(s) or Services if this is caused by your failure to comply with the provisions of this section.

Fees

1. The fees for the Product(s) or Services are set out in the quotation and are on a time and materials basis.
2. In addition to the Fees. We can if applicable recover from you:
3. Reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses.
4. The costs of services provided by third parties and required by us for the Product(s) and/or Performance of the Services.
5. The cost of any materials for the manufacture of the Product(s) or provision of the Service.
6. You must pay us for any additional Products or Services provided by us that are not specified in the quotation in accordance with our then current, applicable rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional costs.
7. The Fees are of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

Cancellation and Amendment

1. We can withdraw, cancel, or amend a quotation if it has not ben accepted by you, or if the Product(s) not finished or Services not started, within a period of 30 days fom the date of the quotation (unless the quotation has been withdrawn).
2. Either we or you can cancel an order for any reason prior to your acceptance or rejection of the quotation.
3. If you want to amend any details of the Product(s) or Services, you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
4. If due to circumstances beyond our control, including those set out in clause 45 below, we have to make any change in the Product(s) or Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such change(s) to a minimum.

Payment

• We will invoice you for payment of the Fees when:
• When we have either delivered the Product(s) or been collected.
• When we have completed the Service(s)
• On the dates/time frames negotiated on order conformation.
• You must pay the Fees due with 30 days Net from month end or in accordance with any credit terms agreed.
• Time for payment shall be of the essence of the contract.
• Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 8% per annum above the base lending rate of the bank of England from time to time on the amount outstanding until payment is received in full.
• All Payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, off-set or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
• If you do not pay within the period set out above, we can suspend any further provision of the Product(s) or Services and cancel any future services which have been ordered by, or otherwise arranged with you.
• Receipts for payment will be issued by us only at your request.
• All payments must be made in British pounds.

Termination

• We can terminate the manufacturing of Product(s) and/or provision of Services immediately if you:
• Commit a material breach of your obligations under these Terms and Conditions; or
• Fail to make a payment of any amount due under the Contract on the due date for payment; or
• Are, become or in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
• Enter a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
• Convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

Intellectual property

• We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the Products supplied. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

Liability and indemnity

• Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
• The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
• We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these terms and Conditions or the quotation for:

1. Any indirect, special, or consequential loss damage, costs, or expenses etc; or
2. Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or third-party claims; or
3. Any failure to perform any of our obligation if such delay or failure is due to any cause beyond reasonable control; or
4. Any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
5. Any losses arising directly or indirectly from the choice of Product(s) or Services and how they will meet your requirements or your use of the Product(s) or Services.
6. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
7. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Data Protection

• For the avoidance of doubt, “personal Data, “processing”, “Data Controller”, “Data Processor” and “Data Subject” shall have the same meaning as in the GDPR.
• The Product/Service provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors, or advisors on a strict “need-to-know” basis and only under the same (or more extensive) conditions as set out in these Terms and Conditions or to the extent required by applicable legislation and/or regulations.
• The Product/Service provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Product/Service provider on behalf of the customer.

Circumstances beyond a party’s control

• Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Product supply of Services to be carried out.

Communications

• All notices under these Terms and Conditions must be in writing and signed by or on behalf of, the party giving notice (or a duly authorised officer of that party)
• Notices shall be deemed to have been duly given:
• When delivered, if delivered by courier or other messenger during the normal business hours of the recipient.
• When sent, transmitted by fax or email and a successful transmission report, or return receipt is generated.
• All notices under these Terms and Conditions must be addressed to the most recent address, email address, or fax number notified to the other party.

No Waiver

• No delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right or remedy.

Severance

• If one or more of these Terms and Conditions is found to be unlawful, invalid, or otherwise unenforceable, that/those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain and enforceable)

Law and Jurisdiction

• This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh Courts.

Find out more about us on our Home Page  https://cornwallerecting.co.uk/about-us/