Evotek Terms and Conditions

EVOTEK TECHNOLOGIES LIMITED TERMS AND CONDITIONS

 

In these conditions:

‘Agreement’ means the agreement between the Customer and the Company constituted by the information contained in the Company proposal supplied and these conditions.

‘Customer’ means the person, firm or company specified as the Customer on overleaf.

‘Company’ means Evotek Technologies Limited (trading as Evotek), its agents, subcontractors, successor and assigns.

‘Equipment’ means the security and access system equipment specified on page 1 that is to be supplied and installed by the Company and/or serviced by the Company, in accordance with the Agreement.

‘Premises’ means the Customer’s premises specified on page 1.

Services

The Company shall supply and install the Equipment at the Premises and/or provide periodic inspection and maintenance services as specified overleaf and in accordance with these conditions.

Where Evotek Technologies Ltd is supplying the Equipment, the following shall apply:

The Company will endeavor to install the Equipment on the preferred installation date specified.  However, this date is an estimate only and shall not be of the essence of the Agreement.
Risk of any loss, or damage of or to the Equipment shall be borne by the Customer upon delivery of the Equipment to the Premises (irrespective of whether the Company commences the installation of the Equipment at that time).  The Customer shall, at its cost, arrange appropriate insurance cover from the date of delivery of the Equipment to the Premises.
Ownership of the Equipment shall remain with the Company and shall not pass to the Customer until the Customer has paid the price of the Equipment and the Company’s installation charges.
The Customer warrants to the Company that the structure of the premises is sound and will sustain the installation of the Equipment and incidental work and that all applicable consents and approvals (if any) have been sought and obtained.
Where the Company is servicing the Equipment, the Company shall do so as specified overleaf between the hours of 8am and 5pm on normal business days at times arranged with the Customer.
The Customer shall provide the Company with unrestricted access to the Premises during normal business hours to enable the Company to perform its obligations under the Agreement
Charges

The amounts payable by the Customer under the Agreement are set out overleaf.  The amounts exclude, and the Customer is responsible for, all goods and services tax and any other levies and taxes.

The Customer shall pay all amounts (including the price of the Equipment, installation charges, and maintenance and servicing charges) in full (without any deduction, withholding or set-off) on the 20th day of the month following the date the Company’s invoice or as otherwise specified overleaf.  The Company may render invoices on a progressive interim basis and the Company shall not be obliged to provide services in accordance with the Agreement if the Customer does not make payment by the due date for payment.

The charges payable in respect of the periodic servicing and maintenance of the equipment comprise labor costs based on our standard service rate.  Any repair work that might be required will be carried out in addition to the standard service rate.  The above charges may be varied by the Company from time to time by notice to the Customer.  Any parts will be supplied by the Company at its then current list prices.

The Customer acknowledges that the charges quoted by the Company, and set out overleaf, have been determined as a result of the Company’s inspection of the Premises on or about the date of the Agreement and the information provided by the Customer.  Without limiting the Company’s ability to increase its standard rates from time to time in the ordinary course of this business, the Company reserves the right to increase any of its charges if the basis upon which those charges were determined changes as a result of any event outside the Company’s control.

Default

If the Company considers the Customer might be unable to meet its payment obligations, the Company may do any one or more of the following:

• demand immediate payment of all or part of any unpaid sums.
• require security from the Customer before it provides any further services.
• without notice, withhold the provision of services to the Customer.
   

If the Customer defaults in the due payment of any moneys payable to the Company, whether under the Agreement or otherwise, or if the Customer is in default in the performance of its obligations under the Agreement or any other contract between the Customer and the Company, or the Customer becomes insolvent, is adjudicated bankrupt, or an application is made to put the Customer into liquidation, or liquidator or receiver is appointed in respect of the Customer’s assets, or an arrangement is made, or is likely to be made, with any of the customer’s creditors, then, without limiting the Company’s other rights and remedies, the Company may do all or any of the following:

• where the Customer has failed to make payment on the due date, require the Customer to pay interest or at a rate equal to 2% above the Company’s bank’s indicator lending rate per annum from time to time on any amounts outstanding under the Agreement from the date payment is due until the date payment in full is received by the Company (in addition to the Customer remaining liable for the full amount outstanding).
• cancel the Agreement and any other contract it has with the Customer.
• recover any Equipment owned by the Company that may be at the Premises.
• The Customer shall pay all costs and expenses (including costs on a solicitor/client basis and debt collector’s costs) that the Company incurs in enforcing or attempting to enforce the Company’s rights under this section.

Warranties

The Company warrants that it will replace, repair or make good any defective Equipment or installation defects that are brought to its notice in writing by the Customer within 12 months from the date of the installation of the Equipment by the Company.  The Company will only be obliged to replace or repair such Equipment between the hours of 9am and 5pm on normal business days. The Company does not guarantee that repair facilities or spare parts will be available in respect of any Equipment. The  product-only warranty is extended as afore-mentioned.

Liability

Without restricting any limitations of liability contained elsewhere in the Agreement, the Company’s liability is limited to:

• in the case of Equipment supplied and installed by the Company to the price of the relevant item of Equipment;
• in the case of servicing and maintenance of the Equipment by the Company, to the total charges paid for the relevant service in the year to the date on which the event giving rise to the claim occurred.
   

The Company shall not be liable for any loss of profits or any consequential, indirect or special loss, damage or injury of any kind whatsoever suffered by the Customer arising directly or indirectly from any breach of any of the Company’s obligations arising under or in connection with the Agreement or from any cancellation of the Agreement or from any negligence, misrepresentation or other act or omission on the part of the Company, nor shall the Company be liable for any lose, damage or injury caused to the Customer’s servants, agents, contractors, customers, visitors, tenants, trespassers, or other persons whomsoever (whether similar to the foregoing or not) arising as aforesaid.  The Customer shall indemnify the Company against any claim by any of the foregoing people in respect of any loss, damage or injury arising as aforesaid.

The Company will not be liable for any damage or loss, either to the Equipment or as a result of any malfunction of the Equipment, if and to the extent that the damage or loss is caused by a defect or failure which is due (directly or indirectly) to:

• an act, fault, omission or representation by any person other than the Company.
• fair wear and tear.
• the Premises being or becoming unsuitable for the proper function of the Equipment.
• interference with, or alteration of the Equipment by the Customer or any third party.
• failure by the Customer to comply with any user’s manual or other directions given by the Company relating to the use of the Equipment.
• failure by the Customer to notify the Company of any fault or malfunction with the equipment within seven (7) days of the Customer becoming aware of the fault or malfunction.
• the unsuitable or inappropriate use of the Equipment by the Customer.
• The Company will not be liable to the Customer with respect of any matter whatsoever unless written notice of any claim is received by the Company within seven (7) days of the occurrence of the event of default in respect of which the particular claim arises.
   

Use of Information

The Customer agrees that the Company may:

obtain information about the Customer from the Customer or from any other person (including any credit or debt collection agency) during the Company’s business, and the Customer consents to any person providing the Company with such information; and the Customer consents to any person providing the Company with such information.
give information it has about the Customer rating to the Customer’s credit worthiness to any person (including credit or debt collection agency) for credit assessment and debt collection purposes.
 

Any personal information held by the Company about the Customer as a result of these inquiries will be held by the Company at its offices.  The Customer will be entitled to request access to, and correction of, that information in accordance with the Privacy Act 1993.

Consumer Guarantees Act

The Customer agrees that if it is acquiring the Equipment and the ongoing maintenance services for the purpose of a business, the provisions of the Consumer Guarantees Act 1993 shall not apply.

Force Majeure

The Company shall be under no liability for delay, loss or damage, caused directly or indirectly by events beyond the control of the Company, including, but not limited to, wars, strikes, lockouts, delays or defaults of manufacturers or suppliers, acts of God or any other cause whether similar or dissimilar.

Duration of Agreement

The Agreement shall begin on the date that it is signed by the Company and shall continue for the minimum term specified.  At the end of the minimum term (or if not, minimum terms is specified), the Agreement will continue until termination by either party giving three months prior written notice to the other.

General

The Company may assign the benefit of the Agreement without the Customer’s consent.  The Customer may not assign or otherwise transfer its interest in the Agreement without the prior written consent of the Company.  Any change in the legal or beneficial ownership of any of the shares in the Customer or the issue of new capital whereby, in either case, there is a change in the effective management or control of the Customer is deemed to be an assignment of the Agreement.
The Agreement contains all the terms of the agreement between the Company and the Customer in relation to the Equipment and on-going services and all other terms, conditions or warranties are expressly excluded.
c.     All the original rights, powers and remedies of the Company shall remain in full force notwithstanding any neglect, forbearance or delay in the enforcement thereof.  The Company shall not be deemed to have waived any condition unless such waiver is in writing under the signature of the Company or an authorized officer thereof and any such waiver, unless the contrary is expressly stated, shall apply to, and operate only in, a particular transaction, dealing or matter.
d.     If any provision of these conditions is, or becomes, unenforceable, illegal or invalid for any reason, it shall be deemed to be severed from these conditions without affecting the validity of the remainder of these conditions and shall not affect the enforceability, legality, validity or application of any other provision of these conditions
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