Terms and Conditions
Acceptance of Anchor Pipework Limited (Anchor) quotation(s) includes acceptance of the following Terms & Conditions.
Period of Quotation
The Quotation remains open for a period of one calendar month unless previously withdrawn. Thereafter, the Quotation is subject to re-confirmation or adjustment by Anchor.
The prices quoted are exclusive of Value Added Tax, which will be charged at the rate applicable to the supply date.
Basis of Quotation
All increases in labour and/or material cost arising after the date of Quotation may be recovered from the Customer unless the Quotation expressly excludes this condition.
The Quotation(s) are based on the work being affected during normal working hours, Monday to Friday. 08:00 to 18:00.
Variations or additional work shall be charged on time and material basis unless subject of a separate quotation accepted by the Customer.
Work by other trades, any statutory fees, or charges for work done by Supply Authority or Local Authority is not included.
While reasonable care will always be taken, the Quotation does not include for incidental redecoration or other works consequent upon the proper execution of the work.
Terms of Payment
All payments detailed under the Quotation shall be payable within 30 days of date of invoice unless specifically agreed otherwise in writing.
Where the Contract Period is in excess of 4 weeks, written applications/invoices may be submitted monthly for the total value of work executed – less previous payments – the net amount due to be paid by the Customer within 7 days.
Failure by the Customer to make any payment as aforesaid shall entitle Anchor to suspend work and/or charge interest on the amount outstanding at 8% above the prevailing Bank of England’s base rate.
Non-account Customers may be required to make a 30% advanced payment (fully refundable on cancellation) to secure contractual commitments between Anchor and Customer.
Works will normally commence 2 to 4 weeks from receipt of a customer written order instruction, unless specifically stated or agreed otherwise in writing.
Risk and Retention of Title
Legal and beneficial title of the Goods shall not pass to the Customer until Anchor has received in cash or cleared funds payment in full of the price of the Goods and any other goods supplied by Anchor and the Customer has repaid all moneys owed to Anchor, regardless of how such indebtedness arose.
Until payment has been made to Anchor in accordance with these Conditions and title of the Goods has passed to the Customer, the Customer shall be in possession of the Goods as bailee for Anchor and the Customer shall store the Goods separately and in an appropriate environment, shall ensure that they are identifiable as being supplied by Anchor and shall insure the Goods against all reasonable risks.
In the event that the Customer sells or transfers the Goods to a third party before legal and beneficial title of the Goods has passed to him under these Conditions, the proceeds of the sub-sale or transfer (or such proportion as is due to Anchor) shall be held by the Customer on behalf of Anchor. The Customer shall ensure that such moneys are held separately from, and are in no way mixed with, any other moneys or funds, and that all moneys held on Anchor’s behalf are identified as such.
The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Anchor, but if the Customer does so all money owing by the Customer to Anchor shall (without prejudice to any other right or remedy of Anchor) forthwith become due and payable.
The Customer’s right to possession of the Goods in which Anchor maintains legal and beneficial title shall terminate if:
The Customer commits or permits any material breach of his obligations under these Conditions;
The Customer enters into a voluntary arrangement under Parts I or VIII of the Insolvency Act 1986, the Insolvent Partnerships Order 1994 (as amended), or any other scheme or arrangement is made with his creditors;
The Customer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors;
The Customer convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertaking or any part thereof, any documents are filed with the court for the
appointment of an administrator in respect of the Customer, notice of intention to appoint an administrator is given by the Customer or any of its directors or by a qualifying floating charge-holder (as defined in paragraph 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for the winding up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer.
The Subcontractor shall exercise the reasonable skill, care and diligence to be expected of a qualified and competent specialist contractor experienced in carrying out work of a similar size, scope, nature and complexity to the subcontract works.
Anchor accepts no responsibility for any drawing, design or specification not prepared by him.
Consequential Loss or Damage
Without prejudice to the Customer’s Statutory Rights, Anchor will pass to the Customer the benefit of any guarantees Anchor has received in respect of materials supplied by Anchor and undertakes to repair or, if necessary, replace free of charge any materials or work found to be defective. If the defect is due to faulty workmanship by Anchor, his servants or agents and is brought to his attention within 12 months of the completion of the work, provided nevertheless that:
Anchor’s responsibility to the Customer is limited to the fulfilment of the contract in a proper and workmanlike manner and Anchor shall not be liable for any consequential loss or damage arising out of the execution of the Contract;
Anchor shall not be liable for any wear and tear, loss or damage, direct or indirect, nor for any extra work entailed due to the apparatus being put into operation by the Customer or by Anchor, his servants, or agents at the Customer’s request before it is handed over for beneficial use;
The repair or replacement of any faulty work or materials shall only be carried out by Anchor, his servants, or agents; otherwise Anchor’s warranties as to repair or replacement shall not apply;
Anchor will take reasonable care but accepts no liability for damage to furniture or other fixtures and fitting which have to be moved by Anchor or his workmen in order to carry out the Contract Works. Without prejudice to this Anchor will maintain adequate Public Liability Insurance cover for at least the duration of the Contract.
Whilst Anchor will take all reasonable steps to ensure that the services and materials to be provided by them under this Quotation are provided without undue delay, Anchor will not be liable for any delay or failure occurring due to circumstances outside their reasonable control.
Anchor will not be liable for any consequences of any act or omission under this Quotation where such act or omission arose either directly or indirectly from the provision of inaccurate or incomplete information by the Customer.
It is the responsibility of the Customer to advise Anchor as to the full extent of any system(s) upon which works are to be carried out, and to advise all building occupants when works are to be carried out, in the interests of Health & Safety, to ensure that system(s) remain unused throughout any works.
Anchor reserves the right to sub-contract or re-assign works at its discretion, without obtaining the written permission of the Customer.
Service and Maintenance
Service calls will consist of routine testing and reporting only. Additional call-outs or abortive calls not of a routine nature will be fully chargeable at current rates.
The Customer agrees to operate the systems strictly in accordance with the advice and instructions of Anchor. No liability will be accepted for any loss or damage arising as a result of the Customer’s failure to comply with this requirement.
All information supplied by Anchor including but not limited to details and costs of Anchor Pipework Ltd products and services, shall be regarded by the Customer as confidential, and will remain the property of Anchor. This information will not be divulged or revealed by the Customer to any third party without the prior knowledge and written agreement of Anchor.
Each Party undertakes that, except as authorised in writing by the other Party, it shall, at all times during the continuance of the Contract and for 10 years after its termination:
Keep confidential all Confidential Information;
Not disclose any Confidential Information to any other Party;
Not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions and the Contract;
Not make any copies of, record in any way or part with possession of any Confidential Information; and ensure that none of its directors, officers, employees, agents or advisers does any act which, if done by that Party, would be a breach of the provisions of these Terms and Conditions.
Either Party may disclose any Confidential Information to:
Any sub-contractor or supplier of that Party; or
Any governmental or other authority or regulatory body; or
Any employee or officer of that Party or of any of the aforementioned persons, parties or bodies;
To such extent only as is necessary for the purposes contemplated by these Terms and Conditions and the Contract, or as required by law, and in each case subject to that Party first informing the person, Party or body in question that the Confidential Information is confidential and obtaining and submitting to the other Party a written undertaking from the person in question, as nearly as practicable in the terms of these Terms and Conditions, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of the Contract, or at any time after that date becomes, public knowledge through no fault of that Party, provided that in doing so that Party does not disclose any part of that Confidential Information which is not public knowledge.
The provisions of these Terms and Conditions shall continue in force in accordance with their terms, notwithstanding the termination of the Contract for any reason.
All notices under these Terms and Conditions and under the Contract shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
Notices shall be deemed to have been duly given:
When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
When sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or
On the 5th business day following mailing, if mailed by national ordinary mail, postage prepaid; or
On the 10th business day following mailing, if mailed by airmail, postage prepaid.
All notices under these Terms and Conditions shall be addressed to the most recent address, email address, or facsimile number notified to the other Party.
Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
The Parties agree that no failure by either Party to enforce the performance of any provision in these Terms and Conditions or under the Contract shall constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions or the Contract are found to be unlawful, invalid or otherwise unenforceable, that/those provisions shall be deemed severed from the remainder of these Terms and Conditions (and, by extension, the Contract). The remainder of these and the Contract shall be valid and enforceable.
Third Party Rights
A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
Law and Jurisdiction
Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or to the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
Anchor Pipework Limited
Issued June 2018