Speedy standard terms and conditions for the provision of testing, repair, inspection and maintenance services

STANDARD TERMS AND CONDITIONS FOR THE PROVISION OF TESTING, REPAIR, INSPECTION AND MAINTENANCE SERVICES

1. DEFINITIONS AND BASIS OF CONTRACT

1.1 In these conditions the following words have the following meanings:

"Associated Company" means any group company or company that is a subsidiary company of either party from time to time and 'subsidiary' shall have the meaning set out in Section 1159 of the Companies Act 2006 (and for the purposes of the membership requirement in s1159(1)(b) and s1159(1)(c) a company shall be treated as a member of another company even if its shares in that other company are registered (i) in the name of its nominee, or (ii) in the name of a person (or the nominee of that person) who is holding the shares as security).

"the Company" means the Speedy Hire Group company who will provide the Services.

"Commissioning Services" means the services of commissioning Equipment or Goods.

"Confidential Information" means any and all information, data and material of a technical or business nature or relating in any way to the business, products, services, customers and personnel of either party which the other party may receive or obtain in connection with the operation of this Agreement or otherwise and which is expressly identified as confidential or which ought reasonably to be regarded as confidential

"Contract" means a contract for the provision of the Services or sale of Goods, which will incorporate these Terms and Conditions and any written agreement between the parties or other document issued by the Company or, failing any such document, any other agreement between the parties.

"the Customer" means the person/company for whom the Company will provide the Services.

"Equipment" means the machinery and any associated items (including wiring) which are the subject of the Contract and includes (where appropriate) all replacements thereof and additions thereto.

"Good Working Order" means performing the functions for which the Equipment is ordinarily used, in a reasonably efficient manner.

"Goods" means any goods supplied by the Company.

"Inspection Services" is the service including conducting examinations of the Equipment at agreed intervals and (where appropriate) providing a report detailing the findings of the examination (in line with any applicable regulations and in accordance with the Quotation).

"Installation Service" is the service of installation of Equipment.

"Liability" means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs (including but without limitation all legal costs and disbursements) and any other losses and/or liabilities;

"Normal Working Hours" means 8:30 am to 5.00 p.m., Monday to Friday inclusive (local, national and Bank Holidays observed by the relevant depot of the Company excepted).

"Premises" means the location listed overleaf or in the Scope or (as the case may be) any other premises in which for the time being the Equipment is installed with the consent of the Company.

"Planned Preventative Maintenance Services" means the provision of scheduled preventative maintenance (including, without limitation, adjustments, and supply and installation of Spare Parts) of such a nature and at such times and frequency as shall be deemed necessary by the Company to keep the Equipment in Good Working Order or as required by legislation;

"Quotation" means the quotation provided by the Company.

"Reinstatement Cost" means either the cost of repairing the Equipment or other machinery or equipment of any kind belonging to third parties, or the cost of replacing the same whichever is the lesser amount, in either case having regard to its age and state of repair prior to the Repair and Maintenance Service being carried out.

"Reactive Repair and Maintenance Services" means unscheduled on-call remedial maintenance (including, without limitation, adjustments, modifications, and supply and installation of Spare Parts) due to malfunction of the Equipment.

"Repair Services" means the Reactive Repair and Maintenance Services and/or the Planned Preventative Maintenance Services (as the context may require)

"Services" means such of the Commissioning Services, Inspection Services, Installation Services, the Planned Preventative Maintenance Services, the Reactive Repair and Maintenance Services and/or the Testing Services as the context may require or such other services as may be specified or detailed in the Quotation.

"Spare Parts" means all parts and subassemblies of the Equipment supplied and installed in the Equipment by the Company pursuant to the provision of the Services.
"Testing Services" means the service of testing Equipment (including but not limited to dynamic testing);

"User Routine Maintenance" means maintenance which the operating instructions for the Equipment advise the user thereof to carry out as a matter of routine on a regular basis and maintenance which would customarily be carried out by the user of the Equipment as part of the routine operation of the Equipment.

1.2    The conditions do not affect any of the Customer's statutory rights where the Customer is a person dealing as consumer, not for business purposes.  Any section which would otherwise exclude or restrict the Customer's rights as a consumer will, to that extent have no force or effect. 

1.3    These conditions shall be incorporated in all Contracts and shall be the sole conditions under which the provision of the Services takes place.  All other terms, conditions and other representations are excluded from the Contracts between the Company and the Customer including any terms and conditions which the Customer may purport to apply under any Contract and these terms and conditions shall prevail.

1.4    The Company's employees or agents are not authorised to make any representations concerning the Services unless confirmed in writing.

2.    TERM

2.1    If the Contract has a fixed duration, subject to earlier termination in accordance with these terms, neither party shall be entitled to terminate the Contract before the expiry of that fixed period unless by agreement.

2.2    If the Contract does not have a fixed duration, subject to earlier termination in accordance with these terms, the Contract shall continue in force until the parties agree otherwise or until one month's written notice of termination is given by one party to the other.

3.    PROVISION OF SERVICES

3.1    The Company agrees, to provide such of the Services as set out in the Quotation, either on a "one off basis" or on an ongoing basis, as the parties shall agree.

3.2    For the avoidance of doubt, the Services do not include:

3.2.1    User Routine Maintenance;

3.2.2    work other than to the Equipment;

3.2.3    repair of damage to, or replacement of parts of, the Equipment, caused by accident or misuse, or by the neglect, act or default of the Customer or any other user of the Equipment (including, without limitation, because of failure to undertake User Routine Maintenance) or by any factor external to the Equipment (including, without limitation, defective consumable items, or the failure of, or defects in, equipment which is not part of the Equipment);

3.2.4    painting or refinishing the Equipment or furnishing supplies for such purposes, or making specification changes or performing services connected with relocation of the Equipment or any part thereof; or providing, adding or removing accessories, attachments, consumable items or other devices; and

3.2.5    such services as it may be impractical for the Company to render because of alterations to the Equipment other than alterations carried out by the Company.

3.3    The Services shall be carried out subject to any exclusions or qualifications contained in the Quotation.

3.4    If the Company considers it appropriate when providing Planned Preventative Maintenance Services, the Company shall carry out an initial inspection of the Equipment to determine whether it is in Good Working Order. If Company has carried out such an initial inspection and the Equipment is not found to be in Good Working Order, the Company shall carry out such work (including the supply and installation of any necessary Spare Parts) which is required to be carried out, at the Customer's expense, to put the Equipment into Good Working Order.  For the avoidance of doubt, if the Customer does not for any reason subsequently require the Planned Preventative Maintenance Services, the Company shall be entitled to charge for the provision of this initial inspection.

3.5    The Services will be provided by the Company during Normal Working Hours and subject to reasonable prior notice by the Company to the Customer provided that where the Company has agreed to provide Reactive Repair and Maintenance Services this will be provided in accordance with the timescales agreed between the parties.

3.6    The Company shall be under no obligation to provide any part of the Services outside Normal Working Hours but, if the Company agrees with the Customer to do this, the Customer shall pay to the Company, as an additional element of the Charges, the Company's then current standard extra "outside hours" charges as notified by or available from the Company from time to time.

3.7    The Customer will be charged for all Spare Parts supplied and installed in the Equipment as part of the provision of the Repair Services (and where notified to the Customer in advance any labour costs), but these shall be supplied and installed by the Company. For the avoidance of doubt, the Company shall be responsible for the provision of reasonable consumables used in providing the Services.

3.8    All Spare Parts shall be either new or reconditioned or re-assembled Spare Parts and the Company warrants that it has good title to such Spare Parts. Property in all parts and sub-assemblies of the Equipment replaced by such Spare Parts shall be vested in the Company upon their removal from the Equipment. In the case where Spare Parts are re-conditioned or re-assembled, the Customer agrees to take the Spare Parts in their current state, after having satisfied itself by inspection, as to their quality and fitness for the purpose for which they are required. Accordingly, the Company gives no warranties in relation to the quality of the reconditioned or re-assembled Spare Parts or their suitability for any purpose, and all such warranties, whether express or implied by statute, common law or otherwise howsoever, are hereby excluded.  In so far as permitted by law, the Company shall be under no Liability, whether in contract, tort or otherwise, in respect of the quality of any reconditioned or re-assembled Spare Parts or their fitness for any purpose.

3.9    If the Company, acting reasonably, require to carry out any part of the Repair Services by the removal of the Equipment or any part thereof from the Premises, and the Customer refuses to permit this, then the Company will be entitled to recover any additional costs incurred thereby, and the Company shall incur no Liability for any resultant delay or failure in providing the relevant Repair and Maintenance Service.

3.10    If following commencement of the Services, the Company becomes aware of additional work being necessary in order to complete the Services or is unable to complete the work in the anticipated timescale due to unforeseen circumstances or the Customer's breach of the Contract, the Company shall be entitled to raise levy additional charges for the carrying out of such additional works (or to suspend work pending the Customer's carrying out of such additional works) and be entitled to additional time to complete the Services to take account of the unforeseen circumstances.

3.11    The Company shall only be obliged to perform the Services in relation to the Equipment detailed in the Contract

3.12    In providing the Services, the Company shall not be required or asked by the Customer to do anything that may put it in breach of any relevant law.

4.    SALE OF GOODS

4.1    Where the Contract relates to the sale of Goods or the provision of Service includes the supply of Goods, the provisions of this Clause 4 shall apply.

4.2    Risk in the Goods will pass to the Customer immediately when the Equipment leaves the Company's physical possession or control. 

4.3    Ownership of any Goods remains with the Company until all monies payable by Customer (or any of its Associated Companies) under the Contract or any other contract between the Company (or any of its Associated Companies) and the Customer (or any of its Associated Companies) have been paid in full and cleared funds.

4.4    If any of the events set out in Section 10.1 below occurs in relation to the Customer then the Company may enter, without prior notice, any of the Customer's premises (or premises of third parties with their consent) where the Goods may be and repossess any Goods.

4.5    Any repossession of the Goods shall not affect the Company's right to recover from the Customer (or any of its Associated Companies) any monies due under the Contract or any other contract between the Customer (or any of its Associated Companies) and the Company (or any of its Associated Companies) and/or any damages in respect of any breach which occurred prior to repossession of the Goods.

5.    CUSTOMER OBLIGATIONS

5.1    The Customer shall provide the Company with safe access to the Equipment (including providing scaffolding etc) and provide any help or information that the Company may reasonably require in providing the Services.

5.2    The Customer shall provide such assistance or comply with such obligations as may be set out in the Quotation.

5.3    The Customer shall be responsible for cleaning, preparing the Equipment prior to the Company providing the Services.

5.4    The Customer shall throughout the period of the Contract take good care of the Equipment and operate the same in a proper manner; carry out all User Routine Maintenance; order and pay for such consumable items as he shall require to operate and use the Equipment; permit the Company and any person authorised by the Company to have access to the Equipment at all reasonable times; and not make or endeavour to make any alterations or additions to the Equipment or any part thereof nor permit any other person to do so without the prior written consent of the Company.

5.5    Should the Company's engineer consider the site where the Services are to be provided, the Equipment or any related or adjacent equipment to be worked on to be in an unsafe condition or position then the Company reserves the right to request the owner or user to render every possible assistance to make the site, the Equipment and/or equipment safe to work on in accordance with all applicable health and safety legislation and guidance. Failure to render the said assistance will entitle the Company to terminate the Contract or suspend provision of the Services without any liability to the Company.

5.6     The Customer specifically acknowledges and agrees that where an examination is to be carried out in accordance with any statutory regulations it is the Customers legal obligation to ensure that any examination is carried out with the prescribed inspection interval.   Should our inspection reveal defects affecting the safety of the Equipment the Customer will need to take appropriate action in relation to such item.

6.    WARRANTY

6.1    The Company warrants that the Services shall be provided with reasonable skill and care and that Goods supplied shall be free from material defects and fit for the purpose for which such Goods are normally supplied.

6.2    The Company undertakes for a period of 30 days from the date of provision of the Repair Services (or in the case of sale of Goods any period of warranty contained in the Quotation) to supply free of charge any labour and/or parts required to correct any fault which may occur which has been caused by the supply by the Company of defective workmanship or materials in the course of such supply.

6.3    In the event of a service request being made within the warranty period specified in Clause 6.2, the Company reserves the right to invoice in full any costs incurred should the repair not be considered by the Company acting reasonably to fall within the Company's warranty.

7.    CHARGES

7.1    The Customer shall pay to the Company the charges specified in the Quotation ("the Charges") which shall be invoiced from time to time by the Company (no more frequently than monthly) with a final invoice issued  as soon as the Service has been completed.

7.2    The Company reserves the right to vary the Charges by giving the Customer not less than thirty (30) days prior written notice.

7.3    The Company shall be entitled to charge waiting time where the Customer fails to provide sufficient access to the site or where the Company is delayed from performing the Services due to other contractors of the Customer requiring access to the site prior to the Company.

7.4    The Company shall be entitled to charge additional Charges in circumstances specified in the Quotation.   

7.5    The Company shall issue to the Customer invoices in respect of sums payable by the Customer to the Company hereunder, on or in advance of the date upon which the relevant sum becomes due.  Each such invoice shall be paid for in GBP Sterling on the date as stated on the invoice, or if none is stated then not later than the last working day of the month which follows the date of the invoice (and this shall be the final date for payment). 

7.6    The Customer must notify the Company in writing within 5 days of the date of any invoice of any issues with the invoice.

7.7    If any amount due to the Company hereunder remains unpaid after the date on which it is payable pursuant to Clause 7.5, the Company shall be entitled to charge interest on such sum at a rate of 5% per annum above the base rate of the Bank of England from that date until the date of actual payment, and to withhold any or all of the services to be provided by the Company hereunder until such time as payment of the said sum and of the interest thereon is received by the Company (and the Company shall have no liability to the Customer in relation to such suspension (including any Equipment passing its date on which a statutory inspection is required).

7.8    All Charges exclude Value Added Tax.  The Customer shall pay to the Company (subject to the issue of the relevant Value Added Tax Invoice) the amount of Value Added Tax for which the Company will be accountable to HM Customs & Excise in respect of the Charges.

7.9    Prompt payment under a Contract shall be of the essence.  Payment shall not be deemed to be made until the Company has received either cash or cleared funds in respect of the full amount outstanding.

7.10    The Customer shall pay all sums due to the Company under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.

7.11    The Company may set a reasonable credit limit for the Customer.  The Company reserve the right to terminate or suspend the Contract if allowing it to continue would result in the Customer exceeding its credit limit or the Customer has already exceeded the credit limit.

8.    FORCE MAJEURE

8.1    Neither party to the Contract shall be under any Liability for any failure to perform any of their respective obligations as a result of Force Majeure, other than any obligation of the Customer to make any payment hereunder.  Following notification by the one party to the other of Force Majeure, the affected party shall be allowed a reasonable extension of time for the performance of its obligations.

8.2    For the purposes of this Clause, "Force Majeure" means fire, explosion, flood, adverse weather conditions, lightning, act of God, act of terrorism, war, rebellion, riot, sabotage, strike or similar labour dispute, traffic delays or other events or circumstances outside the reasonable control of the affected party.

9.    LIMITATION OF LIABILITY

9.1    Save as expressly set out in these Terms & Conditions, all warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.

9.2    The Company shall have no Liability to the Customer if any Charges or monies due in respect of the Services or Goods have not been paid in full and cleared funds by the due date for payment.

9.3    The Company shall have no liability to the Customer for any delay caused by the Customer's breach of the Contract.

9.4    The Company shall have no Liability resulting from or contributed to by the Customer's continued use of any defective Equipment or Goods or other equipment after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.

9.5    The Company shall have no Liability to the Customer to the extent that the Customer is covered by any policy of insurance and the Customer shall ensure that its insurers waive any and all rights of subrogation they may have against the Company.

9.6    The Company shall have no Liability to the Customer for any:-

9.6.1    losses whether arising from breach of contract, tort (including but not limited to negligence), or otherwise, and whether flowing naturally and directly from such breach, negligence or other cause, or not, for:
(a)    loss of revenue,
(b)    loss of profit,
(c)    loss of anticipated saving,
(d)    loss of goodwill; or
(e)    loss of reputation;

9.6.2    economic and/or other similar losses;

9.6.3    special damages, indirect losses and/or consequential losses; and/or

9.6.4    business interruption, loss of business, contracts and/or opportunity.

9.7    The Company's total Liability to the Customer under and/or arising in relation to any Contract shall not exceed:

9.7.1    in respect of loss of or damage to Equipment or Goods a maximum amount of either the Reinstatement Cost of the Equipment or Goods or £1,000,000 whichever is the lesser;

9.7.2    in respect of any damage to the Customer's property or any other property a maximum amount of either the Reinstatement Cost or £2,000,000 whichever is the lesser in respect of any one incident or series of related incidents and a maximum amount of £2,000,000 in respect of all and any incidents (whether or not related); or

9.7.3    in respect of any other loss or damage £1,000 or 5 times the Charges under the relevant Contract (whichever is the higher).

9.8    Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:

9.8.1    Liability for breach of contract;

9.8.2    Liability in tort (including negligence); and

9.8.3    Liability for breach of statutory and/or common law duty;

except Section 9.6 above which shall apply only once in respect of all the types of Liability under this Section 9.7.

9.9    The Company's entire Liability to the Customer in relation to the Goods, Equipment, Spare Parts, the Services and any negligent act or omission of the Company (and of its employees, sub-contractors or agents) and in respect of any death, injury, loss or damage caused by or resulting from any of the foregoing is set out in this Contract, which apply to the total exclusion of any other conditions, warranties, stipulations or statements whatsoever, whether express or implied by statute, common law or otherwise howsoever, including, without limitation, any such conditions, warranties, stipulations or statements regarding the fitness for purpose, performance, nature or merchantable quality of the Goods or Spare Parts. 

9.10    Nothing in these Terms and Conditions shall exclude or limit the Company's Liability for death or personal injury caused by our negligence or for any other Liability for which it is not possible to exclude or limit by operation of law.

10.    TERMINATION

10.1    If the Customer:

10.1.1    fails to make any payment to the Company when due; or

10.1.2    breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;

10.1.3    persistently breaches the terms of the Contract;

10.1.4    provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;

10.1.5    ceases or threatens to cease to carry on business;

10.1.6    being an individual or partnership, has a bankruptcy petition presented against it or compounds with or comes to an arrangement with its creditors, enters into an individual voluntary arrangement or suffers any similar action in any jurisdiction;

10.1.7    being a company, enters into voluntary or compulsory liquidation, has an administrator or administrative receiver appointed over all or any of its assets, or compounds with or comes to an arrangement with its creditors or enters into a company voluntary arrangement, any attachment order is made against it, any distress, execution or other legal process is levied on any of its property or it suffers any similar action in any jurisdiction;

10.1.8    has circumstances in which the Company reasonably believes that any of the events mentioned in Sections 10.1.6 or 10.1.7 above is about to occur and the Company notifies it of this belief;

10.1.9    appears reasonably to the Company due to its credit rating, to be financially inadequate to meet its obligations under the Contract;

10.1.10    appear reasonably to the Company to be about to suffer any of the above events;
then the Company shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in Section 10.2 below.

10.2    If any of the events set out in Section 10.1 above occurs in relation to the Customer then:-

10.2.1    the Company may withhold the performance of any Services and cease any Services in progress (or suspend the provision of Goods) under this and/or any other Contract between the Customer (or any of its Associated Companies) and the Company(or any of its Associated Companies);

10.2.2    the Company may immediately cancel, terminate and/or suspend without Liability to the Customer, the Contract and/or any other contract between the Customer (or any of its Associated Companies) and the Company(or any of its Associated Companies);

10.2.3    any credit period in relation to payment of the Charges shall be accelerated and all sums, all monies owed by the Customer (or any of its Associated Companies) to the Company (or any of its Associated Companies) under this Contract or any other Contract between the Customer (or any of its Associated Companies) and the Company(or any of its Associated Companies) shall immediately become due and payable.

10.3    Upon termination of the Contract the Customer shall immediately:

10.3.1    at its expense, return any equipment belonging to the Company to the Company or make such equipment available for the Company to collect; and

10.3.2    pay to the Company (or any of its Associated Companies), in full and cleared funds, all outstanding Charges and/or any other sums payable under the Contract or any other contract the Customer (or any of its Associated Companies) and the Company(or any of its Associated Companies).

10.4    In the event that the Contract is terminated pursuant to Clause 10.2, the Company shall be entitled to retain the whole of the Charges paid by the Customer in respect of any period for which the Repair and Maintenance Service has been provided, whether or not that period is at an end.

11.    NOTICES

11.1    Any notices to be given by either party hereunder may be given: 

11.1.1    by delivery to the other party's last known address;  or

11.1.2    by sending the same by recorded delivery post addressed to the other party's last known address; or

11.1.3    by facsimile transmission to the other party's last known facsimile number.

11.2    A notice shall be deemed to have been received (1) in the case of delivery, at the time of delivery, (2) in the case of recorded delivery post upon the expiry of 48 hours from the time the same was properly addressed, stamped and posted and (3) in the case of facsimile transmission, upon transmission.

12.    MISCELLANEOUS

12.1    The headings to these Terms and Conditions shall not affect their interpretation.

12.2    Throughout these Terms and Conditions, wherever the context so requires, the use of the singular number shall be construed to include the plural, and the use of the plural the singular, and the use of any gender shall include all genders.

12.3    Reference in these Terms and Conditions to a "Clause" is to a Clause of these Terms and Conditions.

12.4    If any provision of the Contract is rendered by legislation void or declared void by court decree or order that provision shall be severed and the remaining provisions shall not thereby be altered and shall remain in full force and effect.

12.5    No waiver by the Company of any breach of these Terms and Conditions shall be considered as a waiver of any subsequent breach of the same provision or any other provision. 

12.6    It is hereby agreed and declared that the Company may at its absolute discretion assign any sums owed to it by the Customer (or any of the Customer's related or associated persons, firms or companies or any of their successors in title) to any of the Company's associated or related companies or by way of security.

12.7    If any sum of money shall be recoverable from or payable by the Customer to the Company, the same may be deducted from any sum then due, or which at any time thereafter may become due from the Customer to the Company, whether under the Contract or otherwise.

12.8    The Customer shall not be entitled to withhold payment of any sums after they have become due by reason of any right or set off or counterclaim which the Customer may have or allege to have or for any other reason whatsoever.

12.9    The Company shall be entitled to sub-contract its performance of its obligations under a Contract to a third party of its choosing (provided that the Company shall remain liable for the acts and/or omissions of its sub-contractors as though they were its own acts and/or omissions).

12.10    The Customer shall be liable for the acts and/or omissions of its employees, agents, servants and/or sub-contractors as though they were its own acts and/or omissions under this Contract.

12.11    The Company shall not be obliged to employ any of the Customer's employees (or any employees of a third party contractor appointed by the Customer) as a result of or in connection with the Contract or the Company providing the Services, and the Customer agrees to indemnify the Company against any costs, liabilities and expenses incurred by it as a result of any claim (including for dismissal) or demand of any nature by any such employee against the Company.

13.    ENTIRE AGREEMENT AND APPLICABLE LAW

13.1    The Contract constitutes the entire agreement between the Company and the Customer in respect of the Equipment (including without limitation in respect of the provision of the Repair and Maintenance Service) and supersedes all other agreements, statements, representations or warranties made by or between the parties or either of them concerning the same. These Terms and Conditions shall supersede any terms and conditions appearing on or referred to in any purchase order, acknowledgement or other document issued by the Customer in respect of the subject matter of these Terms and Conditions.

13.2     No variations of the Contract shall be effective unless specifically agreed in writing by an authorised representative of the Company.

13.3    The Contract shall in all respects be subject to, governed by and construed in accordance with English law and the parties hereby agree to submit to the exclusive jurisdiction of the English courts in relation to any matter or dispute arising out of or in connection with the Contract (whether of a contractual or tortious nature or otherwise).

14.    CONSUMER CREDIT ACT

14.1    Provision of the Services to individuals or partnerships of 3 individuals or less (or other unincorporated body of individuals) shall not be for a period in excess of 3 months.

14.2    If you are an individual or a partnership of 3 individuals or less (or other unincorporated body of individuals) and we (in exceptional circumstances) agree to a contract in excess of 3 months then the Contract will be subject to The Consumer Credit Act 1974.  Sections 14.3, 14.4, 14.5 and 14.6 will only apply in the circumstances listed in this section 14.2.

14.3    IMPORTANT YOU SHOULD READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS. The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce this agreement against you without getting a court order.

14.4    For further information about your statutory rights under the Consumer Credit Act 1974 and other legislation, contact your local authority Trading Standards Department or Citizens Advice Bureau.

14.5    MISSING PAYMENTS – Missing payments could have severe consequences and may make obtaining credit more difficult.

14.6    If you have a complaint please contact us and we will supply you with a copy of our complaints handling procedure. Once you have issued a formal complaint in line with the procedure, we will respond as soon as possible and in any event within eight weeks of receiving your complaint. If you are dissatisfied with our response you may refer your complaint to the Financial Ombudsman Service within six months of the date of our final response.

15    TERMS APPLYING TO CONSUMERS ONLY

15.1    PLEASE NOTE THAT THIS SECTION ONLY APPLIES WHEN YOU ARE ENTERING THE CONTRACT AS A CONSUMER.

15.2    Where you are acting as a consumer under the Unfair Contract Terms Act 1977 (you enter into the Contract not in the course of business), the following provisions in the Contract may, subject to determination by the Courts, have no force or effect:

15.2.1    Section 1.4 (employees’ representatives);

15.2.2    Section 7.7 (payment of interest on late payment);

15.2.3    Section 7.10 (no right of set-off);

15.2.4    Sections 3.9 and 3.10 (payment for delayed performance as a result of your non-compliance with the Contract);

15.2.5    Section 5.6 (suitability of Equipment);

15.2.6    Section 9 (Limitations of Liability) subject to Section 9.10 continuing to apply; and

15.2.9    Section 13.3 (jurisdiction).

15.2.10    Should any defect occur in the Services and/or Goods, other than one for which you were responsible, we will at our option either, carry out the Services again and/or replace or repair the Goods (at no charge to you) as soon as is reasonably practicable. We shall not do this until any outstanding Charges have been paid in full and cleared funds.