FIRST IN SERVICE SERVICE LIMITED
TERMS AND CONDITIONS
Contract Notes & Exclusions:
· Planned maintenance visits will be scheduled between 0800-1700, Monday to Friday, to suit both parties. Should the requirement be for visits at other times, then additional costs are likely to be incurred.
· All remedial works following the first Planned Maintenance would be chargeable
· Parts Costs: Catering parts are all sourced through our spares partner, First Choice Catering Spares, who offer us a comprehensive package of source and availability at keen prices; other disciplines source parts from a variety of suppliers, all at competitive rates – we operate an open book, fixed mark-up (on cost) policy on spares - carriage is charged extra at cost. If any client wishes to see copies of our spares invoices, they are available.
Spend Limits: We would expect a client to set a level of expenditure per call before quotations or approval are required – for a Planned Service Contract (PSC) £250 (labour and parts) is suggested as a sensible level at which to set this limit – it may be changed at your request. Any limit can be changed at the request of the client.
· Out of Hours: we offer a 24 hour, seven day call centre, at no extra cost; the only charge levied is for call outs above the cover selected, at the hourly rates enclosed. There is no minimum charge, but charges are made up of a response fee plus time on site, charged in 30 minute blocks. No travel time is charged.
· Parking & Congestion charges: due to the ever increasing costs of parking and city centre congestion charges, we regret that we have no choice but to pass these on at cost. These will be shown on your invoice as a separate item.
Contract Exclusions:
· Scale related issues, even if the equipment is connected to the water supply via a treatment device, and particularly if any on-going maintenance of the treatment unit, e.g. salt replenishment, or cartridge changing etc., is the responsibility of the operators.
· Misuse or abuse of the equipment by the operators, their staff or any other party, including obvious external or internal damage, broken leads, control knobs, gas hoses, alterations to control systems etc.
· Wear and Tear & Consumables
· Operational problems caused by a failure of staff to clean relevant equipment properly.
· Equipment not working due to the failure of external services – gas, oil, water, electricity, drainage; or linked equipment – e.g. ventilation systems linked to gas appliances.
· Any equipment that is not in a commissioned state, or fit for purpose
· Prices exclude any access equipment – crawling boards, cherry picker, scaffold towers etc.
Service & Maintenance Contract – Commercial Catering Equipment
1. Agreement
First in Service (FIS) hereby agrees with the customer during the continuance of the Agreement that it will provide properly qualified and trained personnel to carry out:-
1.1 the number of Basic Service Calls stipulated above.
1.2 complete overhauls of the Equipment and other works of maintenance, repair and replacement as required by the Customer in writing.
2. Extent of Works
During Basic Service Calls FIS shall perform works of general maintenance as stipulated on the Check List attached to this Agreement. In addition, FIS will notify the customer of any worn, broken or defective parts actually recognised as such by its Service Engineer during the course of this Basic Service Call.
PROVIDED THAT FIS shall under no circumstances be responsible as part of the Basic Service Call for the following: -
2.1 work on ancillary gear or equipment attached to or adjacent to the Equipment.
2.2 save as specified in the check list the supply and fitting of replacement parts, components, or materials.
2.3 cost of painting of all or part of the Equipment.
Repairs necessary to put the Equipment in good working order as a consequence of: -
2.4 ineffectual or defective works of repair performed by persons other than those employed or authorised in writing by FIS.
2.5 deterioration due to fair wear and tear save to the extent provided in the Check List.
2.6 damage or deterioration due to misuse, negligence or incorrect operation.
2.7 damage caused by reason of failure of electricity supply, fire, water, theft, or removal of the Equipment from one premises to another.
In addition to the works specified in the Check List, FIS shall at the expense of the customer as provided by Clause 5 hereto carry out such additional works as are requested by the Customer in writing and agreed by FIS to be necessary in order to put the equipment into proper working order.
The customer shall ensure adequate access to the Equipment and provide free of charge all necessary lifting equipment, lighting, power and water as required.
The customer shall be responsible for and shall adequately insure against the loss or damage howsoever caused (otherwise than by reason of the neglect or default of FIS, its employees, servants, or agents) to all machinery, plant, materials and goods brought on to the Premises by FIS for the performance of its obligations hereunder.
3. Statement by Service Engineers and Advice
The Customer accepts that all statements made by FIS’s Service Engineers do not form part of any contract and constitute statements of opinion only of such Engineers. FIS shall only be bound by the terms of this contract and other written statements signed by a Director of FIS
FIS shall be under no liability whatsoever in respect of any advice it gives or view it expresses whether or not such advice is given or such views expressed at the Customers request.
4. Time for Service or Repairs
Basic Service Calls shall be made during normal working hours at a time mutually convenient to the Customer and FIS, but so far as practical shall be equally spaced during the relevant contract period.
Overhauls and other works of maintenance, repair and replacement shall be performed by FIS as soon as reasonably practicable after the request by the Customer in writing.
Where the Customer requires to specify the time for works to be performed by reference to any particular day, then FIS must be given at least 48 hours’ notice of the time allocated.
FIS shall under no circumstances to be liable in the event that it is unable to perform its obligations hereunder at the time specified. Times stated are given as accurately as possible and represent statements of intent but are in no way contractually binding.
5. Payment
Payments to be made by the School under this clause shall be made thirty days from the date of invoice. The Basic Contract price is based on the Equipment remaining situated at the stated premises and with convenience of access as existing at the date hereof. It the Equipment is moved to other premises or access restricted then FIS reserves the right to increase the Basic Contract Price.
In the event that the Customer shall fail to make payment to FIS as herein provided and without prejudice to FIS’s right under Clause 10 hereof, then FIS may charge interest at the rate of one per cent per month on the amount outstanding.
No dispute between the parties whether as to quality of work performed or the time of performance by FIS or otherwise shall entitle the Customer to delay payment to FIS hereunder.
Prices and costs referred to in this Agreement are exclusive of value added tax and the Customer shall pay any value added tax in respect of the said prices and costs at the times stipulated herein for the payment of the said prices and costs. Payment shall be made by Nansen Green Limited and the School in respect of the work performed by FIS hereunder as follows: -
5.1 First in Service Planned Preventative Maintenance (PPM) visit contract fee shall be payable in advance by Nansen Green Limited.
5.2 Nansen Green Ltd shall pay to FIS at FIS’s then current rates, the first £250 + VAT of all required materials used, component or replacement parts supplied by FIS during the Planned Preventative Maintenance visit. Remedial work required including labour, materials, component or replacement parts required over the value of £250 + VAT will be arranged for a future visit and paid for by the School and provided by Clause 2 hereof payment in respect thereof to be made 30 days from the date of invoice.
5.3 In the case of a Planned Preventative Maintenance Contract all remedial works carried out after the Planned Preventative Maintenance visit the School shall pay to FIS at FIS’s then current rates the labour cost, material used and component or replacement parts in respect of such additional works.
5.4 The School shall pay to FIS at FIS’s then current rates, all material used and component or replacement parts supplied by FIS during the course of Basic Service Calls (reactive maintenance callouts) and provided by Clause 2 hereof payment in respect thereof to be made 30 days from the date of invoice.
6. Guarantee
During the continuance of this Maintenance Contract (including renewals) and for one month thereafter FIS hereby guarantees that if any material supplied or work performed by it are or is proved to its satisfaction to be defective, it will promptly at the request of the Customer rectify such defect in the Equipment free of charge.
FIS will indemnify the Customer against any legal liability for injury or damage to any person or to any property to the extent directly caused by its negligence in performing its obligations hereunder, but not otherwise, provided that:-
6.1 The total liability to FIS for damage to the property of the Customer shall not exceed £1,000,000 for any one act of default, and
6.2 FIS shall not be liable to the Customer for any loss of use, of profits or of contracts or, save as aforesaid, for any loss, damage or injury of an kind whatsoever whether to the Customer or third parties otherwise than in respect of claims for personal injuries or death arising by virtue of negligence on the part of FIS.
6.3 In the event that the Customer fails to notify FIS in writing within fourteen days of becoming aware of circumstances which would entitle it to make a claim against FIS pursuant to Condition 6 hereof, then FIS shall not be liable to the Customer to the extent that FIS is thereby prejudiced by reason of inconvenience or expense due to such delay in notification.
6.4 The guarantee is given in lieu of all other conditions, warranties or undertakings expressed or implied by common law or status which are hereby expressly excluded except in so far (it at all) as otherwise provided in the Unfair Contract Terms Act 1977 or any amendment or modification thereof.
6.5 The guarantee and indemnity given by Conditions 6.2 hereof are given having taken into account the amounts to be charged to the Customer under Condition 5 hereof. If the Customer requires FIS to accept greater liability than herein provided, then the Customer must notify FIS in writing giving details of the extend of further liability so required and if possible FIS will endeavour to effect insurance to cover the same at the cost of the Customer who shall pay the premiums in respect of such insurance. If FIS is unable to obtain insurance, then the extent of FIS’s liability shall be as limited by these conditions.
7. Risk
The risk of any loss or damage or deterioration from whatever cause arising of any component or replacement parts supplied by FIS pursuant to this Agreement shall be borne by the customer as from delivery or as from the fitting of the said component or replacement parts by FIS in the Equipment, whichever shall occur.
8. Ownership
The ownership of any component or replacement parts (in this condition referred to as ‘the parts’) supplied by FIS pursuant to this Agreement will only be transferred to the Customer when the Customer has paid in full all sums due from the Customer to FIS whether or not in respect of the parts.
Until payment of all sums due from the Customer to FIS as mentioned in the sub-clause 8.1 of this clause the Customer shall retain possession of the Equipment of which the parts are components thereof and shall ensure that the parts are clearly identifiable as the property of FIS and the Customer shall not sell or otherwise dispose of such Equipment or the parts until payment in full as aforesaid to FIS.
Upon the occurrence of any breach by the Customer of any of the terms of this Agreement, FIS shall be entitled to immediate possession of all the parts remaining the property of FIS. The customer shall hold the parts at disposal of FIS who shall be entitled by its servants or agents to enter upon the land or premises of the Customer for the purpose of recovering the parts.
9. Advertising Material Etc.
Photographic and other illustrations or advertisements supplied by FIS represent generally the service performed by FIS but shall not be taken as necessarily representing the services the subject of the Agreement and shall not form any part of the Agreement.
10. Termination
Not later that during the month preceding the month of the Renewal Date in each year FIS shall notify Nansen Green Limited in writing of the proposed contract terms and Basic Contract Price for the next ensuing contract year. If the School desires that this Agreement should continue for all or part of the next ensuing contract year, then the School must notify FIS accordingly in writing before the Renewal Date, failing which this Agreement shall automatically terminate on the Renewal Date.
Either party may terminate this Agreement at any time by notice in writing to the other in any of the following events:-
10.1 Forthwith if the other party shall commit a breach of the terms of this Agreement which if capable of remedy shall not be remedied within 30 days of receipt of notice specifying the breach.
10.2 If the other party shall become bankrupt or insolvent or compound with creditors or proceedings are commenced for its liquidation (other than for a voluntary winding up for the purpose of reconstruction or amalgamation) or if a Receiver or Manager is appointed of all or any part of its assets or undertaking.
10.3 FIS shall be entitled to terminate this Agreement forthwith by notice in writing if the School shall fail to make payment for any reason of any sums due from it hereunder within 30 days of the date due for payment as provided by this Agreement or if the Customer purports to assign the benefit of the Agreement without the consent in writing of FIS.
11. Force Majeure
FIS shall be under no liability whatsoever for any delay, loss or damage caused wholly or in part by Act of God, governmental restriction condition or control or by reason of any act done or not done pursuant to a trade dispute whether such dispute involves FIS’s servants or not or by reason of any other act, matter or thing beyond the reasonable control of FIS.
12. Unfair Contract Terms Act 1977
Nothing in this Agreement shall effect the statutory rights of a Customer who in relation to FIS ‘deals as a consumer’ as defined in section 12 of the Unfair Contract Act 1977 or any amendment or modification thereof.
13. Legal
This contract shall be governed and interpreted exclusively according to the law of England and shall be subject to the jurisdiction of the English Courts only.