Terms & Conditions 2020
By Instructing our ACR Facilities & Interiors Ltd to carry out any works we assume that you have fully read and understood and have agreed to our Terms & Conditions.
Invoicing will be to the company placing the order who shall be our client.
ACR Facilities & Interiors Ltd’sTerms and Conditions cannot be overridden under any circumstances without the written authorisation of a Director of ACR Facilities & Interiors Ltd.
1. Conditions of Sales
No person other than directors of the Seller’s (ACR Facilities & Interiors Ltd) company are authorised to do any of the following on behalf of the Seller: a) Remove or vary any of these terms or introduce any other term (written or oral) into the contractb)Agree any condition precedent or enter into any collateral contract c) Accept any offer or counter offer by the Buyer.
A quotation is for information only and is binding on the Seller only if and when to the extent that it is incorporated in anorder which the Seller has accepted in writing, but subject as hereinafter written. All Quotations are subject to final site surveys and anyclients consultants or clients design approval. ACR Facilities & Interiors Ltd reserves the right to retract from any previously submitted quotation.
3. Labour Rates, Charges & Standard Rates
Our normal working hours are Mon-Fri 8am –4pm and our labour costs for up to 1 operative works within this period are £145.00 call out fee which includes 1sthour on site and £58.00 per hour or part thereafter unless prior agreed otherwise in writing. Outside of normal working hours our rates increase to £210.00 call out fee including 1st hour on site and £72.00 per hour or part thereafter excluding Public Holidays. If a 2nd or further operatives are/is required for any works these will be invoiced at £58.00 per hour or part thereafter inside of normal working hours, £72.00 pe hour or part hour outside of normal working hours. Our Labour costs include for any parking charges incurred for the duration of our works. We reserve the right to adjust our standard rates for clients that uphold maintenance contracts with ACR Facilities & Interiors Ltd or in instances where quoted works and values have agreed prior in writing. ACR Facilities & Interiors Ltd reserves the right dispatch fully vetted bonafide 3rd party operatives working on behalf of our organisation and the clients site at any time. Our standard consultancy fee and design works is up to £500.00 per half day. All Labour rates exclude VAT, this will be added at point of invoicing. By requesting or instructing ACR Facilities & Interiors Ltd to program for engineer/engineers to attend sites we assume that the client has carefully read and agreed to our labour rates. No discount will be applicable unless agreed prior to works in writing.
(a) All prices are subject to market fluctuations and the actual prices to be paid by the Buyer shall be the Seller’s prices ruling at the date of dispatch. The Seller shall be entitled to charge to the Buyer the amount of the Value Added Tax for which the Seller shall be liable. (b) Goods must be paid for during the month following (i) date of dispatch or (ii) notification by the Seller that the goods are ready for delivery, whichever the earlier. (c) The time of payment of the price shall be of the essence of the Contract. (d) If the Buyer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to: (i) cancel any current contract or verbal agreement contract or suspend any further deliveries to the Buyer; and (ii) appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer): and(iii) charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 5 per cent per annum above Bank of England base rate from time to time, until payment in full is made (a part of the month being treated as a full month for the purpose of calculating interest) (iv)reclaim any discounts given and seek the amount of the goods valued at the then suggested selling price governed by ACR Facilities & Interiors Ltd suggested selling price.
(a) Unless otherwise agreed in writing the Buyer shall be bound to accept goods ordered by him on notification that they are ready for delivery. If the Buyer fails to take delivery the Seller shall have the exclusive option:-(i) to re-sell the goods and charge the Buyer for any shortfall below the price under the Contract OR (ii) to invoice the goods whereupon payment in full shall become due forthwith OR (iii) to charge at rates giving an economic return for the handling and storage of such goods from the invoice date to the eventual date of delivery to the Buyer or disposal elsewhere under the power of sale referred to above. The Buyer shall be liable for the insurance of such goods from the date in which he is notified that the goods are ready for delivery onwards. (b) Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer. (c) If the Seller fails to deliver the Goods for any reason other than cause beyond the Seller’s reasonable control (in which case clause 18 applies) or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods. (d) If goods are contracted to be delivered by instalments late delivery of one instalment shall not entitle the Buyer to reject any other instalment under the same contract. (e) Claims in respect of short deliveries or damage to goods in transit must be notified by the Buyer to the Seller in writing within 3 days of receipt of the goods. (f) Delivery of goods to levels other than the ground floor may require assistance. When necessary, confirmation that assistance is available, will be required before despatch.
6. Customer's Default
The Seller may without prejudice to any of its other rights against the Buyer rescind the contract or suspend delivery under it if:-(a) any sum is owing and overdue by the Buyer to the Seller; (b) the Buyer is in breach of any term of the contract; (c) the Buyer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or (d) an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or (e) the Buyer ceases, or threatens to cease, to carry on business; or (f) the Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
7. Description of Goods
All images embedded within quotations or proposals are for illustration purposes only and may not fully represent the final items received, ACR Facilities & Interiors Ltd cannot be held responsible for any changes in design and aesthetical look of an item made by the manufacture between image and delivery to site. All descriptions and illustrations contained in any catalogues, price lists, advertising matter and other literature of the Seller are intended merely to present a general idea of the Goods described therein and none of them shall form part of the Contract.
(a) The Seller shall be under no liability:-(i) in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer; (ii) in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working condition, failure to follow the Seller’s or manufacturer’s instructions (whether oral or in writing), misuse or alteration without the Seller’s approval; (iii) under any warranty, condition or guarantee, or any duty at common law, if the total price for the Goods has not been paid by the due date for payment; (iv) by any oral warranty or representation given or made on its behalf unless confirmed in writing. (v) in respect of any data corruption or other damage to or loss of computer software or hardware arising from the use of any computer media goods supplied hereunder by the Seller in conjunction with any such software or hardware. It is the responsibility of the Buyer to ensure that it or the ultimate end-user of the goods take all necessary precautions (including, but without limitation, testing the goods on up-to-date antivirus software) when used in conjunction with any computer software or hardware. (b) Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), provided a complaint is made in writing within 3 days after delivery and goods returned within one month. The Seller shall have no further liability to the Buyer. (c) Subject as expressly provided in these Conditions (and specifically without prejudice to (b) above), and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. (d) Except in respect of death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential or indirect loss or damage, costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions. Non-exhaustive illustrations of consequential or indirect loss include: (i) loss of profit, (ii) loss of contracts, (iii) damage to the Buyer’s property or property of another person or body, (iv) personal injury or death to the Buyer or any other person other than that caused by the Seller’s negligence. Where our works involve attempting to stop water ingress, these works are a process of elimination. We must point out that, water is of an elusive nature and where we are in most cases successful in stopping the leaks, we cannot guarantee success. Following the agreed works, any return visits to investigate further areas of elimination will become chargeable. ACR Facilities & Interiors Ltd cannot be held responsible for any damage incurred to client's property, finishes, furniture or equipment due to water ingress. ACR take no responsibility for items of value left in working areas. This includes company or personal property.
9. Surrogate Users
The following definitions shall apply to the following clauses: “the Dealer” refers to the Seller’s immediate Buyer whilst “the Surrogate User” refers to the Buyer’s purchaser. The Dealer acknowledges that the Surrogate User is deemed to be the Dealer’s agent for all purposes in dealings with the Seller and (without prejudice to the generality of the foregoing) as such shall be liable for the price of all Goods ordered by the Surrogate User as though the Dealer had ordered such goods for himself.
10. Risk & Property
(a) Risk of damage to or loss of the Goods shall pass to the Buyer: (i) in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or (ii) in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods. (b) Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due. (c) Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Seller (but any warranties, conditions or representations given or made by the Buyer to any third party shall not be binding on the Seller who shall be indemnified by the Buyer with respect thereto) for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured. (d) If the Buyer incorporates the Goods into other products (with the addition of his Goods or those of others) or uses such Goods as material for other products (with or without such addition) the property in those other products is upon such incorporation or use transferred to the Seller and the Buyer as bailee of them and the Buyer will store the same for the Seller in a proper manner without charge to the Seller; in the event of such incorporation or use as is envisaged by this sub-clause the provisions of subclauses (b), (c), (e) and (f) of this clause shall apply, mutatis mutandis, to those other products in place of the Goods. (e) Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods. (f) The Buyer 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 the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
11. Designs, Design Approval, Artwork, Proofs & Industrial Property Rights
ACR Facilities & Interiors Ltd takes no responsibility for the design, fabrication, installation and or any remedial works carried out by others. We assume that by instructing our organisation to carry out any works the client has sought approval from the landlord, building owner and or any local authority for the works as agreed and any required approval has been authorised and granted. At the Seller’s discretion, all sketches and designs or other work including authors correction on and after first proof produced or special materials purchased at the Buyer’s request may be considered an order and charged for. No responsibility will be accepted for any error in proofs passed by him. (b) The Seller shall be indemnified by the Buyer against any claim by a third party against the Seller arising out of any Goods supplied to or work done for the Buyer including any infringement of copyright, patent trade mark or registered design. (c) All sketches, drawings and designs or other work originated by or on behalf of the Seller and the Copyright and all other intellectual property rights therein shall belong to the Seller. ACR Facilities & Interiors Ltd takes no responsibility for the design, fabrication, installation and or any remedial works carried out by others.
Without prejudice to any of its other rights against the Buyer, the Seller shall in respect of all unpaid debts due from a Buyer have a general lien on all materials and equipment and other property of the Buyer in its possession, and shall be entitled if any part of such debts shall remain unpaid at the expiration of 14 days after giving written notice to the Buyer requiring payment thereof to dispose of such materials, equipment and other property as it thinks fit and to apply the proceeds of sale (if any) in or towards payment of such debts.
13. Technical & O&M Manuals
All technical manuals and other literature, drawings, designs and specifications furnished to a Buyer by the Seller shall remain the property of the Seller and be carefully preserved by the Buyer and returned to the Seller on demand. No such manual literature, drawings, design or specification shall except with the express written consent of the Seller be reproduced by the Buyer in whole or in part. In default of written agreement to the contrary type may be distributed and lithographic photogravure moulds, rubbers or other work effaced immediately after the Contract has been performed.
14. Quantity Variations
A shortage or surplus charge pro rata not exceeding 10 per cent will be considered due execution of any order and the Buyer shall accept the same subject to a pro rata increase or reduction in the contract price.
15. Buyer's Property
Buyer’s property when supplied will be held at Buyer’s risk. The Buyer shall supply adequate quantities to cover normal spoilage. Every care will be taken to secure the best results where materials are supplied by the Buyer but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied.
Seller's Duties under Health & Safety at Work Act 1974
Insofar as the Seller is under a duty pursuant to S.6 of the Health & Safety at Work Act 1974 in respect of the design, manufacture and supply of any article for use at work, the Buyer shall be deemed to have been afforded by the Seller reasonable opportunity for the testing and examination of goods or materials prior to delivery to the Buyer in respect of their safety and any risk to health, and the Buyer shall be deemed to have afforded by the Seller adequate information about the goods and materials in respect of the use for which they are designed and have been tested and of any conditions necessary to ensure that when put to use they will be safe and without risk to health whether or not the said information has been requested by the Buyer.
17. Forbearance by Seller
No forbearance or indulgence by the Seller shown or granted to the Buyer whether in respect of these general conditions or otherwise shall in any way affect or prejudice the rights of the Seller against the Buyer or be regarded as a waiver of any of these general conditions.
18. Force Majeure
No liability is accepted by the Seller for any direct or indirect loss arising from non-delivery or delay in delivery of any goods caused by Act of God, Riot or Civil Commotion, War, Strike, Lockout, Fire, Flood, Drought, Act of Government, failure to obtain or shortages of raw materials or any other cause whatsoever beyond its control.
Unless prior agreed all invoices will be due strictly for payment within 7 working days of date of invoice. ACR Facilities & Interiors Ltd reserves the right to request full or partial payment in advance and or staged payments for works that may be either larger value, items that are bespoke to the client and manufactured to order or for new clients, clients deemed to be high risk or in instances where clients cannot be credit checked such as private residential clients. Were an invoice is queried the query must be made in writing within 7 days of the invoice date.
Any agreement incorporating these Conditions shall be governed by English law.
21. Site Access
Return visits to site due to events outside the direct control of ACR LTD will be chargeable. ACR LTD engineers and assistants require reasonable access to the working areas Though works will be carried out taking all due care and attention, ACR Ltd accept no responsibility for loss or damage to furniture fixtures fittings and equipment and in particular computers left within the working environment. The price quoted does not include for the removal/dismantling, reinstatement/reassembling of furniture. Unless otherwise stated, the price quoted is for works to be carried out in one visit during normal working hours.
(a) Payment for Publications to be received 30 days from date of invoice. (b) Property of all Publications supplied shall pass to the Buyer only when payment is made in full, but risk shall pass on delivery. (c) Any quality/non-delivery claims on Publications supplied, must be made in writing to the Publications Manager within 28 days from date of invoice. The Seller will be under no obligation to entertain a claim which is not made within this time scale.
THESE REPRESENT THE FULL CONDITIONS OF SALE FOR:-ACR Facilities & Interiors Ltd. ACR Facilities & Interiors Ltd’sTerms and Conditions cannot be overridden under any circumstances without the written authorisationof a Director of ACR Facilities & Interiors Ltd.