General Terms & Conditions
1. Definitions and Interpretation
In this Agreement the following definitions shall have the following meanings;
ACT; the Data Protection Act 1998.
ADDITIONAL CHARGES; CBS Complete charge rates (from time to time) for work undertaken on a time and materials basis together with any applicable VAT.
AGREEMENT; Part A together with this Part B and any additional Parts attached to this Agreement;
BUSINESS HOURS; 8.00am-5.00pm excluding weekends, bank and public holidays.
CHANGES; any additions or amendments to the services that the Client requests CBS Complete to undertake.
CLIENT; means the Client identified in the contract
COMMENCEMENT DATE; the date the Services start as set out in Part A
COMPLETION DATE; the estimated date for completion of the Services as detailed in the contract.
CONFIDENTIAL INFORMATION; all information relating to either CBS Complete or the Client (including but not limited to information in respect of the Services or any of them) which might fairly be considered to be of a confidential nature.
DEPOSIT; the deposit (if any) to be paid by the Client to CBS Complete and detailed in the contract
EQUIPMENT; has the meaning set out in the relevant Part.
EXCLUDED WORK; means those elements that are not part of the Services as more specifically detailed in the relevant Part.
FEE; the changes set out in Part A and payable in accordance with this Agreement.
PART; the various schedules attached to this Part B and forming part of the Agreement.
PART A; the front page of the contract setting out general information relating to the Client and Services.
PART B; these general terms and conditions.
PARTIES; means CBS Complete and the Client.
SERVICES; those of the services detailed in the relevant part that CBS Complete has agreed in writing to provide to the Client as confirmed by the relevant quotation provided by CBS Complete to the Client or as otherwise confirmed by CBS Complete in writing.
In the event of conflict between these terms and conditions and Part A then these terms and conditions shall prevail to the extent of the conflict.
In the event of conflict between the Services and the Excluded Work the Services shall prevail to the extent of the conflict.
In the event of conflict between Part A, Part B and any other Part then the order of priority will be the relevant Part, Part A and Part B
References to CBS Complete or Client will (where the context permits) include their employee, agents or subcontractors
References to any legislation shall include any replacement, re-enactment and any applicable secondary legislation.
2. CBS Completes Responsibilities and Rights
CBS Complete shall;
Use its reasonable endeavours to provide the services in a timely manner. Unless agreed in writing by CBS Complete time shall not be of the essence; Reserve the right to subcontract any or all of its obligations under this Agreement to any third party.
CBS Complete will use its reasonable endeavours to carry out any agreed Changes as soon as reasonably possible but it shall be entitled to levy Additional Charges in respect of the same.
3.1 All sums specified in this Agreement are exclusive of Value Added Tax which shall be levied at the applicable rate from time to time in force.
3.2 Without prejudice to any other rights CBS Complete may have all invoiced sums not paid when due shall accrue interest from the date due until the
date paid at the rate of 4% above the base rate for the time being of National Westminster Bank.
3.3 CBS Complete reserves the right to carry out an annual review of the fee and will notify the Client of any resulting changes to the fee in writing one (1) month in advance of implementation
3.4 The Client agrees that CBS Complete shall not be liable under any circumstances for any delay, error or problem caused by any act or omission of the Client. CBS Complete shall be entitled to levy Additional Charges for all reasonable expenses and additional work incurred or undertaken as a consequence of such acts or omissions.
3.5 CBS Complete have agreed not to levy any charges for payment by direct debit or BACS. Notwithstanding the previous sentence, in the event that the Client fails to make any payment of Fees by the due date the CBS Complete reserves the right to levy the cost of all charges CBS Complete has incurred in respect of any direct debit or BACS payments for the 12 months prior to the date of such breach. The Client confirms that this clause shall be considered to be reasonable in all circumstances.
4. The Clients Responsibilities
4.1 The Client shall;
Provide all reasonable assistance and access to CBS Complete to enable CBS Complete to properly and effectively carry out the Services
Pay the Deposit, the Fee and Additional Charges by the due dates and without set-off or deduction. In the absence of any a stated due dates in Part A then payment terms are 30 days from invoice.
Carry out such requirements as CBS Complete may reasonably request in order to assist CBS Complete in carrying out the Services including without limit obtaining all necessary rights of access.
Comply with all applicable legislation including but not limited to the Act.
Be solely responsible for maintaining back-up and disaster recovery
procedures and all other information the Client supplies to CBS Complete from time to time.
Be responsible for checking all proofs or work provided by CBS Complete. The Client acknowledges that or omissions (including errors or omissions relating to price, spelling, grammar, dimensions, colour schemes and layout) which would have been visible on inspection by the Client.
Be responsible for ensuring that all equipotential bonding conductors from the main electrical terminal for installation to any gas supply outlet is as near as possible to the gas meter outlet or point of pipework entry.
Carry out the obligations set out in Part B and the attached Part and to carry out the same in a prompt and diligent manner.
Ensure that proper environmental conditions are maintained for the Equipment and will maintain in good condition the accommodation of the Equipment, the cables and fittings associated with them and any electricity supply to them.
Not make any modification to the Equipment otherwise than in accordance with this agreement.
Keep and operate the Equipment in a proper and prudent manner and in accordance with the manufacturers operating instructions.
Ensure that the external surfaces of the Equipment are kept clean and in good condition and will carry out minor maintenance recommended by the manufacturers operating instructions.
Except as mentioned elsewhere in the Agreement, not attempt to adjust, repair or maintain the Equipment and not request, permit or authorise anyone other than CBS Complete to carry out adjustments, repairs or maintenance of the Equipment.
Not use in conjunction with the Equipment any accessory, attachment or additional equipment other than that which has been supplied by or approved by CBS Complete.
Ensure in the interests of health and safety that CBS Complete personnel,
while on the Clients premises for the purpose of carrying out the Services have access at all times to a member of the Clients staff familiar with the premises and safety procedures.
Promptly notify CBS Complete if the Equipment needs maintenance or is not working correctly.
Provide adequate working space around the Equipment for the use of CBS Completes personnel and make available such reasonable facilities as may be requested from time to time by CBS Complete for the storage and safekeeping of test equipment and parts
Wherever possible, provide a suitable vehicle parking facility for use by CBS Complete personnel which is free from any legal restriction at which the Equipment is installed. Wherever this is not possible parking charges will passed on to the client.
4.2 The Client accepts that CBS Complete shall be entitled to announce (either verbally or in writing) for marketing purposes only that it has undertaken the
Services for the Client providing that CBS Complete will not disclose anything which is Confidential information.
4.3 The Client acknowledges and accepts that CBS Complete is not responsible for any error, omission, quality or other fault relating to any material supplied by a third party.
4.4 The Client shall notify CBS Complete within 48 hours of CBS Complete carrying out the Services of any problems or concerns. CBS Complete will use its reasonable endeavours to rectify such problem and/or concern as soon
as possible. In the event that the Client fails to notify CBS Complete of any problem or concern within such time period then the Client will be deemed to have accepted the same.
4.5 The Client warrants that;
All information provided by it is true and accurate in all respects.
It will take all steps necessary to protect CBS Complete including without limit providing details of any health and safety requirements.
It will notify CBS Complete immediately of any problems that may impact on the ability CBS Complete to carry out the Services or which could endanger CBS Complete or its personnel.
(save to the extent that it forms part of CBS Completes obligations under the Services) it has obtained all necessary permissions and licences required in order to enable CBS Complete to carry out the Services
5.1 Unless otherwise specified in the acknowledgement of order, the Services do not include the Excluded Works and CBS Complete shall not be obliged to perform, nor does it assume any responsibility for the performance of any works or services which do not form part of the Services.
6.1 This Agreement shall commence on the Commencement Date and continue until the Completion Date unless terminated by CBS Complete under clause 7.1. After the Completion Date this Agreement shall continue in full force and effect unless and until terminated by either party under clause 7.
7. Termination and Suspension.
7.1 CBS Complete may terminate this Agreement (in respect of all or any of the services) immediately and without notice if the Client;
Breaches any of its obligations in this Agreement and if capable of remedy fails to remedy within 7 working days of receipt of notice in writing or by e-mail from CBS Complete requiring the Client to do so.
Becomes insolvent and/or unable to pay its debts, bankrupt or placed in the hands of a receiver or administrator or wound up.
7.2 In the event of termination of this Agreement for whatever reason;
The Client will remain liable to pay CBS Complete all sums outstanding up to the date of termination.
Both parties will continue to respect and uphold all confidentiality and IPR obligations.
Both parties will immediately stop using the IPR of the other.
7.3 CBS Complete reserve the right to suspend some or all of the Services forthwith if;
It has reason to believe that the Client is misusing the Service ( or any of them).
It is required to do by law
The Client should fail to pay any Deposit, Fee or Additional Charges by the due date.
Once the Completion Date has passed, either Party may terminate this agreement at any time on giving three (3) months’ notice in writing to the other. Upon termination (for whatever reason), CBS Complete shall be entitled to destroy any information or documentation (including any computer discs or cd’s) provided by the Client.
8. Ownership Rights.
8.1 All IPR relating to the services and other items and materials created by CBS Complete, is either owned exclusively by CBS Complete or CBS Complete are properly licensed to use it and no right, title or interest in or to any of the same is granted, transferred or assigned to the Client.
8.2 Subject to this Agreement, the Client hereby grant to CBS Complete a non- exclusive, non-transferable (except with written permission from the Client), non-sub licensable, worldwide license to use any material provided by the
Client for the purposes of carrying out the Services.
9. Confidential Information
9.1 Neither Party will use the other Party’s Confidential Information other than for the for the purposes provided in this Agreement and will keep in confidence the other party’s Confidential Information made available to it, provided however that such restriction on disclosure shall not apply to any information that;
Is in the public domain through no fault of the Party receiving the disclosure. Was known to the receiving Party prior to disclosure by the disclosing Party.
Is or was disclosed to the receiving Party by a third party that was not under a similar confidentiality agreement or;
Is required to be disclosed by applicable law or an order of any governmental authority of competent jurisdiction.
9.2 Each Party shall be responsible for its own agents, workers and employees with respect to ensuring that no Confidential Information will be disclosed.
10. Data Protection
10.1 CBS Complete acknowledges and accepts that it is a data processer for the purpose of carrying out its obligations under this Agreement . Notwithstanding the previous sentence CBS Complete shall be entitled to use any Personal Information (as defined below) for the purposes and in accordance with Part A.
10.2 CBS Complete agrees that it shall not disclose any personal data received by CBS Complete pursuant to this Agreement or otherwise (“personal information”) to a third party other than in accordance with the services.
10.3 CBS Complete warrants that it has in place appropriate technical and organisational measures against accidental or unlawfully destruction or accidental loss, alteration, unauthorised disclosure of or access to
the personal Information and adequate security measures to ensure that unauthorised persons will not have access to the personal Information and that any persons it authorises to have access to (including but not limited to
its employees) will respect and maintain the confidentiality and security of the personal information.
10.4 CBS Complete warrants that all security measures referred to in clause
10.3 above will reflect the level of damage that might be suffered by, and any harm which might result to the customers who are the subjects of the Personal Information as a result of unauthorised access or disclosure.
10.5 CBS Complete shall ensure that all processing of the personal Information shall be carried out by CBS Complete at all times in accordance with the Act and that it otherwise conducts itself in accordance with the Act.
10.6 In the event that CBS Complete discovers or has reasonable reason to believe that it is not complying with clause 10.3 it shall promptly notify the Client of this and provide to the Client such details of the non-compliance or suspected non-compliance as the Client may reasonably request.
10.7 For the purpose of this clause 10 “processing”, “personal data” and “data processor” shall have the meaning set out in the Act.
11. Representations, warranties and limitations
11.1 To the maximum extent permitted by law, this clause 11 and clause 12 sets out CBS Complete entire liability to the Client and all other liability is hereby excluded.
11.2 SAVE AS REQUIRED BY LAW AND SAVE AS MAY BE SET OUT IN THE AGREEMENT, CBS COMPLETE DISCLAIMS AND THE CLIENT WAIVES ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY OBLIGATION, LIABILITY, RIGHT, REMEDY, CLAIM IN TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF CBS COMPLETE (WEATHER EXPRESS OR IMPLIED)
11.3 CBS Complete shall not have any liability to the Client in respect of any of the following losses or damage (wherever such losses or damage were foreseen, foreseeable, known, direct, indirect or consequential or otherwise), loss of profits. Loss of anticipated savings, loss of business, loss of goodwill, loss or use or downtime, loss of or corruption to data or other information.
Furthermore CBS Complete shall not be liable for any indirect or consequential loss or damage and CBS Complete does not assume responsibility for any liability in respect of which it has not expressly accepted liability under this Agreement.
12. Remedies and Indemnification
12.1 CBS Complete and the Client acknowledge that the following provision reflects a fair allocation of risk and that the fee is reflective of such allocation of risk. Save as required by law the Client’s exclusive remedy for CBS Completes default under this agreement shall be, where possible, to obtain the repair, replacement or correction of the defective Services to the extent warranted under this agreement. If such remedy is not economically or
technically feasible or effective, then the Client may obtain an equitable partial or full credit or refund of amounts paid with respect to the defective Services, save that in no event shall CBS Complete be liable for any amount in excess of the amount paid by the Client to CBS Complete for the Services during the six
(6) months prior to the event giving rise to the alleged claim.
The waiver by either party of any breach or failure to enforce any of the
terms and conditions of this Agreement at any time shall not in any way affect limit or waive either party’s rights thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
14.1 Any notice required or permitted by this Agreement shall be in writing and shall be deemed sufficient when delivered;
Forty eight (48) hours after being deposited in the regular mail as certified or registered mail (airmail if sent internationally) with postage prepaid; or Forthwith upon receiving confirmation from the receiving party either by facsimile, e-mail or by post.
15 Successors and Assigns
15.1 This Agreement shall be binding upon and inure to the benefit of the successors and assignees of CBS Complete . CBS Complete may assign its rights hereunder at any time and will notify the Client of any such assignment. The Client shall not be entitled to any of its rights under this Agreement without the prior written consent of CBS Complete., not to be unreasonably withheld or delayed. Without prejudice to clause 2.1(b) neither Party shall be entitled
to assign its obligations under this Agreement.
16 Governing law and jurisdiction
16.1 This Agreement and any non-contractual obligations arising under it shall be governed by the laws of England and Wales and the Parties submit to the non-exclusive jurisdiction of the English Courts.
17.1 If one or more provisions of this Agreement are held to be unenforceable under applicable law, the Parties agree to renegotiate such provision in good faith. In order to maintain the economic position enjoyed by each Party as close as possible to that under the provision rendered unenforceable
18. Entire Agreement.
18.1 This Agreement and any document referred herein constitutes the entire agreement of the Parties with respect to the subject matter hereof and all prior agreements with respect thereto are superseded. No amendment or modification hereof shall be binding unless in writing and duly excluded by both Parties.
19. Third Party Rights
19.1 Except as otherwise expressly stated herein, nothing in thi Agreement confers any rights on any person (Rights of Third Parties) Act 1999.
20. force majeure.
20.1 CBS Complete will not be liable for any delay or failure to carry out its obligations under this Agreement where such a delay or failure arose as a consequence of matters beyond its reasonable control including without limit any acts of God, explosions, terrorism, transport failures, labour shortages, riots, strikes affecting the sector in which CBS Complete operates or war.
CBS Protect Services Schedule
1.1 In this Protect Plan Schedule, the following words shall have the following meanings;
1.2 ANNUAL SERVICE; The provision of a single annual visit to carry out maintenance on the Equipment and as more specifically detailed bellow;
1.3 BREAKDOWN SERVICE; The breakdown and repair service more fully described in clause 2.5 below.
1.4 EQUIPMENT; the appliance and /or system to be maintained and repaired by CBS Complete pursuant to this Agreement and as further detailed in this part,
1.5 Unless the context states otherwise, words in this Protect Plan Schedule shall have the meaning set out in Part A and Part B terms.
1.6 In the event of conflict between this Protect Plan Schedule and Part A or Part B, then this Protect Plan Schedule shall prevail but only to the extent of the conflict
2.1 The following terms shall apply to all Protect Plan Services.
2.2 In return advance payment of the Deposit and the Fee, CBS Complete will provide the following Services to the Client.
2.3 CBS Complete will carry out an Annual Service in accordance with the appliance manufacturer’s instructions and/or CBS Completes operational procedure for generic work specifications (CBS Complete may in its absolute discretion determine necessary). The parties will agree the time and date of such Annual Service.
2.4 In the event that the Client requires the Annual Service to be completed outside the business hours then CBS Complete will (if it agrees to carry out the Annual Service at such a time) be subject to an Additional Charge.
2.5 CBS Complete will visit the Client within a reasonable time (normally 24 hours) of the Client notifying CBS Complete that the Equipment has broken down nor failed, and (subject to the remainder of these schedules) CBS Complete will make any repairs and adjustments to and replace any parts of the Equipment as may be necessary to restore the Equipment to its proper operating condition. CBS Complete is not responsible for any delay in the provision of replacement parts by CBS Completes suppliers.
2.6 Subject to the relevant Protect Plan in carrying out either the Annual Service or the Breakdown Service, part/s of the Equipment become (in CBS Completes reasonable opinion) obsolete, unobtainable or beyond economical repair CBS Complete may;
Supply and fit adequate replacement parts which are not the same as the parts being replaced; or
If no adequate parts are available, notify the Client and CBS Complete shall be under no obligation to maintain, make good, repair, replace, or otherwise provide any of the Services in respect of any part of the Equipment. If this happens CBS Complete will refund the client an amount which CBS Complete deems to be an appropriate proportion of the Fee to reflect the fact that the Equipment (or part of it) is no longer covered. CBS Complete will have no further liability to the Client.
2.7 CBS Complete reserve the right not to use and may refuse to accept any replacement parts not supplied by CBS Complete.
2.8 CBS Complete will not be responsible for or be liable to provide the Services if they are required as a result of any inadequacy attributable to the original design or installation of the Equipment.
2.9 CBS Complete make no warranty as to the fitness for purpose or condition of the Equipment as at the start of the Agreement and CBS Complete shall not be under any obligation to put the Equipment into any better condition than it was in prior to the start of the Agreement.
2.10 CBS Complete reserve the right to carry out an initial inspection of any part of the Equipment and carry out any tests deemed necessary at the Clients Expense prior to the commencement of the provision of the Services and
make recommendations as to remedial work which must be completed (also at the Clients expense) before CBS Complete provides any of the Services. If the Client fails to carry out any such remedial work CBS Complete may (at its discretion) reduce the Protect Plan type being provided or (at its discretion) give 7 days’ notice to terminate the Agreement.
2.11 Where an initial equipment inspection has not been carried out by CBS
Complete and on CBS Completes discretion give the Client 7 Days’ notice to terminate the Agreement.
2.12 Where the Protect Plan being provided is reduced or the Agreement is terminated pursuant to clause 2.10 or 2.11 above, CBS Complete will
refund the Client an amount which CBS Complete deem to be an appropriate proportion of the Fee.
2.13 If during the period of the Agreement, the Client wishes to alter or extend the Equipment or if the Equipment is worked on by any person other than CBS Complete technicians the Client shall give two weeks prior written notice to CBS Complete and we may then either;
Agree that the Agreement shall apply to the Equipment as altered or extended or
Terminate the Agreement forthwith whereupon CBS Complete will refund the Client an amount which CBS Complete deems to be an appropriate proportion of the Fee to reflect that termination.
2.14 CBS Complete shall be entitled to terminate this Agreement forthwith if the Equipment is altered or extended without CBS Completes prior agreement. The Client shall not be entitled to any refund of the Fee.
Protect Plan Cover Details
The following describes the applicable charges for each level of cover below; CBS Protect-BRONZE; We will charge you a call out charge and for all our labour costs for work completed on your Appliance or System and for all the parts and materials that we use.
CBS Protect -SILVER; We will not charge you a call out charge or for our labour costs for work completed on your Appliance within working hours.
We will charge you for all the parts and materials that we use and for our labour costs if we work on your System.
CBS Protect -SILVER PLUS; We will not charge you a call out charge or for our labour costs for work completed on your Appliance or your System within working hours. We will charge you for all the parts and materials that we use. CBS Protect -GOLD; We will not charge you a call out charge. We will not charge for labour costs within working hours or for the cost of parts and materials for work completed on your Appliance. We will charge you for our labour costs and for the cost of all parts and materials for work completed on your System.
CBS Protect -GOLD PLUS; We will not charge you a call out charge. We will charge for our labour costs within working hours or for the cost of parts and materials for work completed on your Appliance or System.
3.1 The following terms shall apply to all Protect Plan services.
3.2 The services do not include any of the following (and if any such work is carried out by CBS Complete the Client will be liable to pay Additional Charges for that work) other than as may be required by law.
Turning off or lighting up the Equipment and adjustment to time switches, controls, etc, Unless such work is required as a result of a fault with an unrelated part of the Equipment
The replacement of the Appliance itself or decorative parts, trim or cases. Any work caused by or arising out of the failure by the Client to comply with the instructions or recommendations of either CBS Complete or the
manufacturer or the installer of the Equipment, or the Clients failure to take reasonable precautions to protect or minimise damage to the Equipment when it breaks down or fails.
Any work required as a result of wilful damage or negligence (other than that caused by CBS Complete)
Any work required as a result of any fault or failure of the electrical system within the premises at which the Equipment is located, or the public electricity, gas or water supply to the Equipment.
Any work or materials required to rectify an electric immersion heater. Any work required as a result of damage caused by hard water deposits or aggressive/corrosive water including the analysis and treatment of system water i.e dosing with corrosion inhibitor, removal of deposits, sludge or microbiological growth. Power flushing, cleansing or descaling
Provision of corrosion inhibitor or other water treatment chemicals. Making good any damage resulting from fire, flood, lightning, explosion, storm, tempest, frost, other natural hazards, act of terrorism, war or civil disorder.
Any work required to the building or the fixtures, decorations, furniture or fitting of the building in which the Equipment is situated arising out of any cause whatsoever other than the negligent or wrongful act of CBS Complete. Work or inspection or testing of the electrical, gas or water supplies up to the respective appliance/system isolation controls.
Any work on microprocessor based control systems including weather compensators, optimisers, humidifiers, evaporators, precipitators, air conditioning plant, washing machines, processing plant or similar installations, flues (except standard flue assemblies on domestic room sealed appliances) Any overhaul of circulation pumps and ventilating fans, unless such work is required as a result of a fault with an unrelated part of the Equipment.
Repair or replacement of heat exchangers including plate heat exchangers (except domestic hot water secondary plate heat exchangers housed within a domestic combination boiler), sacrificial anodes and/or other non-sacrificial means of protection.
Repair or replacement of flues, mechanical flues, pressurisation units and associated controls.
Any routine overhaul/ maintenance of unvented hot water components.
Fan convector radiators unless specified in CBS Complete acknowledgement of order.
Any draining down or refilling of the system (excludes individual radiators and boilers)
Any work on the electrical supply up to the isolation switch of the Equipment or the internal gas installation pipes up to the Appliance isolation valve.
Repair or replacement of cold water supply tanks, unless the tanks sole purpose is to serve as an expansion tank and the means of conveying hot water from the appliance or hot water cylinder to the hot water taps including secondary circulation pumps.
Any work required as a result of an inherent design fault in the or any installation of which the Equipment forms part., whenever such fault is discovered by CBS Complete.
Draining and refilling of the hot water supply system where the means of isolating that hot water supply system is inadequate.
Any additional work required to remove the sacrificial anodes where the required clearances are not available.
Any work required as a result of the faulty installation (other than by CBS Complete) of the Equipment.
Carrying out any examination required in order to comply with the pressure systems and Transportable Gas Container Regulations 1989
Any maintenance of the Equipment which is necessitated as a result of any cause other than fair wear and tear or CBS Completes neglect or fault.
Any further exclusions specified in CBS Completes acknowledgement of order (Together “Excluded works”)
3.3 Notwithstanding the above, CBS Complete may (but shall not be obliged) carry out work despite it being Excluded Work save that CBS Complete shall be entitled to levy Additional Charges for such work.
3.4 CBS Complete makes no warranty as to the fitness for purpose or condition of the Appliance as the start of the Agreement and CBS Complete shall not be under any obligation to put the Appliance into any better condition than it was at the start of the Agreement.
An initial inspection of the Appliance using the CBS Complete inspection Check List will normally be carried out within 28 days of the commencement of the contract. Prior to the commencement of the provision of the Services CBS Complete will make recommendations as to remedial work which must be completed (at the Clients expense) before CBS Complete provide any of the Services. If the Client fails to carry out any such remedial work CBS Complete may reduce the Service being provided or give 7 days’ notice to terminate
the Agreement (in whole or part). Where an initial inspection has not been carried out by CBS Complete, and the occasion of CBS Complete first visit to the Client to provide any of the services, CBS Complete discovers that any
of the Appliance is not up to suitable standard or has not been installed in accordance with current regulations or codes of practice, CBS Complete may reduce the Services being provided, exclude from the cover any faulty part(s) (or any part affected by such faulty part(s), or give the Client 7 days’ notice to terminate the Agreement (or any part of it).
Installation Services Schedule
In this installation Schedule the following words shall have the following meanings;
Equipment; the goods to be installed pursuant or the Services. Services; the installation of the Equipment at the premises.
Unless the context states otherwise, words in this installation Schedule shall have the meaning set out in Part A and Part B
The installation Schedule incorporates the Part A and Part B terms.
In the event of conflict between this installation Schedule and Part A or Part B, then this installation Schedule shall prevail but only to the extent of the conflict.
in return for the payment of the Deposit and the Fee, CBS Complete will carry out Services in accordance with CBS Completes operational procedure for generic work specifications and/or the appliance manufacturers instructions (as CBS Complete may determine necessary) The parties will agree the time and date of such Service.
The Fees are based on the prices of goods and materials, transport costs, wage rates and other emoluments and expenses, and is exclusive of VAT. Should there be any alteration in these prices, costs or rates, CBS Complete reserve the right to levy Additional Charges.
In the event that the Client requires the Service to be completed outside business hours then CBS Complete will (if it agrees to carry out the Service at the same time) levy an Additional Charges to the Service.
In carrying out the Services, CBS Complete will exercise reasonable care to preserve decorations and avoid other damage, but where defacement or other damage is unavoidable; CBS Complete will not be responsible for
re-decoration or re-instalment.
Where outside underground pipework is involved CBS Complete will reinstate the surface to a reasonable interim standard and to trench width only, unless otherwise agreed by CBS Complete in writing. Interim reinstatement of hard surfaces will be in black tarmac or re-laid flags.
Flags damaged in executing the works will be replaced with pre-cast grey flags. Interim reinstatement does not include crazy paving or special surfaces. CBS Complete is not responsible for any growing items affected by the work. The Client must remove any such items and other items of value before work commences.. The Client acknowledges and accepts that it is responsible for final or permanent reinstatement on the property.
The following terms shall apply to all installation services.
The Services do not include any of the following (and if any such work is carried out by CBS Complete, the Client will be liable to pay Additional Charges for that work) other than as may be required by law.
Work not reasonably foreseeable from a visual inspection at the Clients premises.
Any steelwork or any foundations necessary to support and distribute the weight of the Equipment, any builders, any joiners, smiths or electricians work, the provision of guards around any portion of the Clients property or painting after erection. Any guarantee of temperatures.
The rectification of any inherent faults in the building in which the Equipment is to be installed. The making of any listed building applications.
Any work required as a result of any fault or failure of the electrical system within the premises in which the Equipment is to be installed, or the public electricity, gas or water supply to the Equipment.(together “Excluded Works”). Client obligations
In addition to the obligations set out in Part A, the Client will provide the following facilities and works;
Lock-up storage facilities for CBS Completes unfixed tools and materials. Suitable electric power supply for power-driven tools and any fuels or water used in commissioning and testing. All necessary consents, licences, authorities and permissions not included in the acknowledgement of the order. The Client will indemnify CBS Complete against any losses, costs or other consequence arising out of the failure to obtain any such consent,
licences, authorities and permissions. Insurance of all materials delivered to the premises against loss or damage by fire and special perils to a value not less than the Fee. The Client shall pay to CBS complete any sum received from the insurer in respect of any such loss or damage to the Equipment on the premises.
Subject to the remainder of this clause 5. CBS Complete will be responsible for rectifying any fault in the Equipment and/or Services which the Client notifies it about within a period of 12 months after substantial completion of the Services, providing the Client has notified CBS Complete within 30 days of the appearance of the fault. CBS Complete shall have the right at its sole option to repair or replace any defective work or part and any part removed automatically becomes CBS Completes property.
CBS Complete accepts no liability for any defect (or for its repair) which is caused directly or indirectly by the Clients negligence or default or that of any third party.