PC Pal standard Terms and Conditions
In these Terms and Conditions, “the Firm” means “PC Pal Limited” and “the Customer” means the person who has placed the order or accepted the estimate or quote and/or the business or company for whom it appears the work is being carried out.
The Firm shall, at its option, be entitled to enforce these Terms and Conditions against any person or company or other body who is within the definition of “the Customer” set out above.
Any estimate or quote or other price given by the Firm is valid for a period of 7 (seven) days unless withdrawn by the Firm in the meantime.
A deposit of 50% of the price of the work (or the cost of parts and / or software, in the Firm's sole discretion) shall be paid by the Customer to the Firm upon acceptance of the quote or estimate given. The balance shall be payable in full to the Firm upon completion of the work or at such later time as the Firm in its sole discretion might in writing agree. During the course of the work, the Customer shall make, after 30 days, a further payment of 25% of the price and, after 60 days, the remaining portion of the price and in the event of default by the Customer the firm may cease carrying out the work without prejudice to its right to the price less any payments already made.
The Customer warrants that its premises will be in a state and condition fit for the work to be carried out by the agreed commencement date and time and, if for any reason the Customer is in breach of this warranty, the Customer agrees forthwith to pay the Firm the sum of £60 per man hour for any time spent by the Firm in this behalf. Examples (not exhaustive) of breach of this warranty by the Customer are:- (a) construction of the Customers premises insufficiently complete for it to be practicable for the Firm to commence the work; (b) lack of an adequate power supply for the work to be carried out; (c) presence of other trades carrying out work which would or might impede delay or obstruct commencement or completion of the work; (d) failure of the Customer to facilitate access or adequate access to the premises or part or parts of the premises for the work to be carried out.
In the event of a purported cancellation of the agreement by the Customer less than 14 days before the commencement date for the work, the Customer shall be liable to pay to the Firm the costs of the work to be done less any deduction that the Firm in its absolute discretion might allow in writing.
The Customer is responsible for payment to the Firm of any additional charges arising from a request by the Customer to alter the agreement as to the commencement date, or the nature of the work, or the location of the work, or the specification of the work to be carried out, or the positioning of the items and / or the system to be installed, or otherwise as the circumstances might require.
If the work done by the Firm is damaged, destroyed, modified or otherwise interfered with by the Customer or by tradesmen engaged by the Customer then the Customer shall be liable to pay to the Firm the cost of remedying, replacing or repeating any work necessitated as a result. All prices exclude VAT or other applicable taxes.
The Firm accepts no responsibility for the quality or the efficacy of work carried out by it in circumstances where such quality or efficacy is depended or consequent upon the satisfactory performance of tasks by the Customer or other tradesman engaged by the Customer and the Firm shall not be liable for loss or other dissatisfaction arising from circumstances beyond its reasonable control.
If in order to carry out the work necessary or desirable for the Firm to employ or utilise parts, equipment or services the need for which was not reasonably apparent at the time of giving to the Customer the estimate or quotation then the Customer shall be liable to pay to the Firm any additional costs so arising.
The Firm accepts no responsibility for damage to or the cost of repair or reinstatement of the Customer's premises or part or part thereof in circumstances where such damage or need of repair could not be avoided despite the Firm having taken reasonable care.
The Firm shall be entitled to assume that before the commencement of any work the Customer has obtained any necessary consents for the work to be carried out required to be obtained from a Landlord or other person having an interest in the premises, public or local authority or body, owners or occupiers of neighbouring property or premises or otherwise as the circumstances might require.
The Firm shall not be liable for loss or damage caused to the Customer or other parties arising from the cessation or interruption of the supply of power, water or other services or utilities before or during the course of the work.
Until the Customer has paid in full all sums due to the Firm, the property in any parts or equipment supplied or left at the premises shall remain with the Firm, notwithstanding that the same may have become joined to or mixed with other items and the Customer authorises the Firm or its servants or agents to enter or re-enter the premises (using force if necessary) to gain possession of the same without being liable for any loss or damage so occasioned.
No variation to these Terms and Conditions shall be binding unless agreed in writing between the Firm and the Customer.
Any advice or recommendation given by the Firm to the Customer or its employees or agents as to the storage, application or use of equipment installed which is not confirmed in writing by the Firm is followed or acted upon entirely at the Customer's own risk and, accordingly, the Firm shall not be liable for any such advice or recommendation which is not so confirmed.
No waiver by the Firm of any breach of these terms and conditions by the Firm shall be considered the waiver of any subsequent breach of the same or any other provision.
If any provision of the Terms and Conditions is held by a Court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
These Terms and Conditions shall comprise the entire Agreement between the Firm and the Customer (save for any agreed alterations confirmed in writing as above) and no other representations or warranties, whether verbal or written, shall form part of the Agreement between the Firm and the Customer.
The Firm shall not be liable to the Customer as a result of a failure by the Firm to commence the works on the agreed commencement date or to complete the works by the estimated completion date unless previously notified by the Customer in writing beforehand that the Customer will suffer specific and specified losses in the event of a delayed start or a late finish.
The Firm shall not be liable to the Customer for breach of contract in the event of default by the Firm arising from unforeseen ill health or incapacity affecting the partners of or a partner in the Firm or its agents or employees.
If any sum due and payable by the Customer to the Firm remains unpaid by its due date (whether demanded or not), the Customer shall pay to the Firm interest on a daily basis for any unpaid sum at the rate currently prescribed by the Late Payments of Commercial Debts Act 1998, if applicable, or, if not applicable, at the Judgment Act rate.
Any dispute or disagreement arising from these Terms and Conditions between the Firm and the Customer shall, if the Firm so elects, be resolved by arbitration or mediation.
The enforcement of and interpretation of these Terms and Conditions shall be governed by the Law of England and Wales and no person or body shall acquire any rights here under by reason of the Contract (Right of Third Parties) Act 2000 as it shall not apply herein.