Fire Sprinkler Servicing Limited – Terms and Conditions
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Information about us and the Contract.
1.1 - The contract details or quotation provided by us and these terms and conditions shall form the contract (“Contract”). The Contract shall govern the provision of the maintenance and repair services, as set out in the order form or quotation (“Services”), to the Client (“you”) by Fire Sprinkler Servicing Limited (company number 15951660) (“we” or “us”).
1.2 - These terms and conditions apply to the Contract to the exclusion of any other terms that you may seek to put forward and/or propose, or which are implied by law, trade, custom, practice or course of dealing.
1.3 - UK mainland only. We supply the Services in properties and locations in UK mainland only. Further exclusions may apply subject to availability of the Services.
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If you are a business customer this is our entire agreement with you.
2.1 - If you are a business customer the Contract constitutes the entire agreement between us in relation to provision of the Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2.2 - Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are receiving the Services wholly or mainly for use in connection with your trade, business, craft or profession, or trading premises, even if you are an individual.
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Our Services.
3.1 - We will provide the Services in a timely manner and we will observe any health and safety and security requirements that apply to your premises and that have been communicated to us by you in writing.
3.2 - When we have completed the Services, a services report shall be undertaken at your premises which will be agreed and signed by our engineer and you. By signing this report, you agree to any feedback and actions advised by us within the report.
3.3 - To enable us to perform the Services, you must
3.3.1 - give us safe and unobstructed access to your premises;
3.3.2 - provide our team with adequate safe working space and facilities;
3.3.3 - provide us with any other information we request and is reasonably required for the Services, and if our team is unable to provide the Services as you have failed to comply with the obligations in this clause 3.3 we will be able to charge you the Fees (unless the Services are agreed to be rescheduled) and any additional expenses incurred by us.
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Charges and payment terms
4.1 - Payment terms. You must pay our invoices within 30 days of the date of the relevant invoice or as otherwise agreed in writing. We will charge you for the Services on completion of the relevant Services or as otherwise agreed between us and you however we reserve the right to take payment of the fees at regular intervals if required.
4.2 - Our fees. Our fees will be set out in the order form or quotation that we provide to you for supply of the Services. We will be able to charge you additional fees for any services provided which are unexpected or urgent and any such additional fees will be agreed with you in writing before we supply the Services.
4.3 - Increase in fees. We will be able to increase our fees each calendar year in line with the percentage increase in Consumer Prices Index in the 12-month period prior to the increase. We will give you 30 days’ written notice before applying the price increase to our fees. If you are a consumer, you will be able to end the Contract if there are any issues with the price increase and the Contract will end 14 days after you notify us.
4.4 - Late payment interest. If we're unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
4.5 - VAT. Our fees are exclusive of VAT. If the rate of VAT changes between the date of the Contract and the date we supply the Services, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
4.6 - Payment method. You can pay our invoices via BACS, Mastercard and Visa. We will not accept payments via telephone or cheque.
4.7 - If you are a business customer you have no set-off rights. If you are a business customer you must pay all amounts due to us under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
4.8 - We charge you if you don't give us information we need. We will charge you additional sums if you don't give us information we've asked for about how we can access your property to provide services or if you don't do preparatory work for installation, as agreed with us. For example, we might need to reschedule services or provide additional services which will incur an additional sum.
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Delays outside our control
If our supply of the Services is delayed by an event outside our control, such as extreme weather, natural disasters, terrorist attack, civil wars and an epidemic or pandemic, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can end the Contract and receive a refund for any products you have paid for in advance but not received.
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6. If you are a consumer you have the right to cancel.
6.1 - Legal right. You have a legal right to cancel the Services and to receive a refund for any costs you have paid prior to provision of the Services. However this right is subject to some conditions, as set out below.
6.2 - When you can't change your mind. You can't change your mind about an order for the Services in the following circumstances:
6.2.1 - once the Services have been complete; or
6.2.2 - you have requested that we commence the Services within the Cooling-off Period. If you bought a service we don't refund you for the time you were receiving the Services before you told us you'd changed your mind.
6.3 - The deadline for changing your mind. If you change your mind, you must let us know no later than 14 days after the day we confirm we have accepted your order for the Services or the date of the Contract (whichever is earlier) (Cooling off Period).
6.4 - How to let us know. To let us know you want to cancel, contact our Team by telephone on 0161 560 7630 or by email at enquiries@firesprinklerservicing.co.uk.
6.5 - Cancellation fees. If you have either requested that the Services commence within the Cooling-off Period or the Cooling-off Period has expired, and you cancel the Services less than 48 (forty-eight) hours prior to commencement of the Services or you otherwise do not facilitate us in providing the Services (for example you are not contactable), you will be charged an abortive fee as set out in the quotation.
6.6 - Rescheduling the Services. Please contact us if you need to re-schedule the Services. We will not charge you any expenses incurred if you need to re-schedule and you let us know more than 48 (forty-eight) hours before we commence the Services.
6.7 - When and how we refund you. If you have paid any fees before the end of the Cooling-off Period and you have told us you want to cancel, we will refund you as soon as possible and within 14 days of you telling us you want to cancel, less the value of the Services provided.
7. Cancellation or rescheduling of Services if you are a business
7.1 - You will be able to cancel a booking for the scheduled Services no later than 48 (forty-eight) hours prior to the commencement of the Services with no additional charge, save any expenses we have incurred for the Services (including but not limited to ordering the relevant equipment, materials and any parts required).
7.2 - If you cancel later than 48 (forty-eight) hours prior to the commencement of the Services, you will be charged an abortive fee as set out in the quotation or contract details.
7.3 - You may not be charged any expenses incurred by us if you request to reschedule the Services no later than 48 (forty-eight) hours prior to commencement of the Services.
8 - If there is something wrong with the Services
8.1 - Your rights and remedies if you are a consumer.
8.1.1 - We honour our legal duty to provide you with services that are as described to you and that meet all the requirements imposed by law. You can ask us to repeat or fix a service with no extra cost if it is not carried out with reasonable care and skill or get some money back if we cannot fix it (that being either a full or partial refund, depending on the circumstances).
8.1.2 - If we have not agreed a timescale with you as to when the Services will be performed, we are obliged to carry out the Services out within a reasonable time.
8.2 - Your rights and remedies if you are a business.
8.2.1 - We shall ensure that the Services are performed with reasonable care and skill.
8.2.2 - Subject to clause 8.3 and 8.4 below, if there is a defect in the Services caused by us, we will, in our absolute discretion, offer to repair the defect at no additional cost or provide you with a full or partial refund depending on the extent of the defect.
8.3 - You must give us (a) notice in writing within 30 days of discovery of such defect and (b) a reasonable opportunity of examining the fire sprinkler system (the System). These terms shall apply to any repaired servicing supplied by us.
8.4 - We will not be liable for any failure or defect in the Services if:
8.4.1 - the defect or failure does not relate to the Services and is an inherent or latent defect within the System;
8.4.2 - the defect or failure arises because you failed to follow our oral or written instructions as to the use (if applicable); or
8.4.3 - you used an unauthorised third party to service, maintain and/or repair the System.
9 - We can change the Services.
Changes we can always make. We can always change the Services: (a) to reflect changes in relevant laws and regulatory requirements, (b) to make minor technical adjustments and improvements, or (c) for reasonable business and commercial purposes. We can suspend supply (and you have rights if we do)
10 - Our suspension of the Services. We do this to:
10.1 - deal with technical problems or make minor technical changes;
10.2 - update the Services to reflect changes in relevant laws and regulatory requirements; or
10.3 - make changes to the Services as set out in the terms of this Contract.
11 - System Isolation and Drain-down
In the event of a leak or fault in the System, it may be necessary for us to isolate and drain down part or all of the System to prevent any further damage to the System. We will not be liable for any consequences arising from the isolation of the System, including the System being non-operational for any period until such defect is resolved.
12 - Terminating this Contract
12.1 - Your termination rights
12.1.1 - If you are a consumer, you can end this Contract by letting us know in writing by post or email. Your Contract will end 7 days after you have let us know. You will have to pay us any Services completed or carried out in accordance with this Contract before the date that the Contract ends.
12.1.2 - If you are a business, you can only terminate this Contract in the following circumstances:
(a) We commit a material breach of the Contract and (if such breach is remediable) we fail to remedy that breach within 30 days of being notified to do so by you;
(b) We take any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business; or
(c) We suspend, or threaten to suspend, or cease or threaten to cease to carry out on all or a substantial part of our business.
13 - Our termination rights
13.1 - We can end this Contract and claim any loss or compensation due to us (including enforcement costs) if:
(a) you do not make any payment to us when it's due and you still do not make payment within 14 days of our reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Services, for example, access to the property or account information that we require before we provide the Services; or
(c) you otherwise do not, within a reasonable time, either allow us to deliver the Services product to you or collect it from us.
13.2 - If you are a business, we can terminate this Contract in the following circumstances:
(a) You take any step or action in connection with your entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business; or
(b) You suspend, or threaten to suspend, or cease or threaten to cease to carry out on all or a substantial part of your business.
14 - We do not compensate you for all losses caused by us or our Services
14.1 - Our liability to consumers. We're responsible for losses you suffer that is only caused by us breaking this Contract, unless the loss is:
14.1.1 - Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
14.1.2 - Caused by a delaying event outside our control. As long as we have taken the steps set out in clause 5.
14.1.3 - Avoidable. Something you could have avoided by taking reasonable action. For example, you have failed to maintain the Systems in accordance with the manufacturer’s instructions.
14.1.4 - A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as set out in clause 14.2.
14.2 - Our liability to businesses. If you're a business, then, except in respect of the losses described in Losses we never limit or exclude:
14.2.1 - we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
14.2.2 - our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total fees paid or payable by you in any 12-month period during the Contract.
14.3 - Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
14.3.1 - death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
14.3.2 - fraud or fraudulent misrepresentation;
14.3.3 - breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
14.3.4 - defective products under the Consumer Protection Act 1987;
14.3.5 - any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.4 - No implied terms about Services. Except to the extent expressly stated in clause 8.2, we exclude all terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982.
14.5 - Excluded liability. Unless stated otherwise in this clause 14, we will only be liable for the Services we provide and we will not be liable for any loss or damage that happens because of a defect in the System.
15 - You have several options for resolving disputes with us:
15.1 - Our complaints policy. We will do their best to resolve any problems you have with us or our Services. Please contact us via telephone at 0161 560 7630 or via email at enquiries@firesprinklerservicing.co.uk.
15.2 - Resolving disputes without going to court (consumers only). Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint ADR Group through their website at https://adrgroup.co.uk/. ADR Group does not charge you for making a complaint and if you're not satisfied with the outcome you can still go to court.
15.3 - You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our Contract with you to the exclusive jurisdiction of the English courts.
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16 - Other important terms apply to our Contract
16.1 - Compliance with applicable laws and internal policies. We will comply with any applicable laws, regulations, statutes or codes, as updated or amended from time to time, that are relevant to provide the Services (including applicable health and safety laws and applicable fire safety standards including BS 9251 as updated) together with our internal health and safety policies which can be provided upon request.
16.2 - We can transfer our Contract with you, so that a different organisation is responsible for supplying the services. We'll contact you to let you know if we plan to do this. If you're a consumer and you're unhappy with the transfer you can contact us via email or telephone to end the Contract within 14 days of us telling you about it and we will refund you any payments you've made in advance for Services not provided.
16.3 - You can only transfer your Contract with us to someone else if we agree to this. If you're a business you need our agreement to transfer your Contract with us and it's entirely up to us whether we give it.
16.4 - Nobody else has any rights under this Contract. This Contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
16.5 - If a court invalidates some of this Contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
16.6 - Even if we delay in enforcing this Contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
16.7 - Changes to the terms of this Contract. We may make changes to the terms of this Contract from time to time and will notify you in writing if we do.