NETHAUS LTD
TERMS & CONDITIONS
These terms and conditions confirm the basis upon which Nethaus Ltd (“Nethaus Ltd”) is engaged for specialist services and/or the supply and installation of equipment. The contract between the parties consists solely of these terms and conditions, the Proposal, any drawings or schedules produced by Nethaus Ltd, and any other documents expressly referred to within them.
1. PROJECT COMMENCEMENT
1.1 Preliminary meeting. Nethaus Ltd will take a brief from the Client or its appointed representatives to produce a budget proposal outlining the design and/or installation work, equipment and materials to be supplied, and the likely cost. Where the works are limited to design, Nethaus Ltd will provide a design fee proposal describing the scope and fee. If Nethaus Ltd is selected to undertake supply and installation, the design fee will be included within the total cost of the Works.
1.2 The Proposal. Following written confirmation that the Client wishes to proceed on the basis of the Budget Proposal, Nethaus Ltd will provide a Proposal stating the Price for the Works. The Price may be adjusted to reflect changing specifications, improved technologies and Client-instructed changes. The Proposal may include positional or schematic drawings, a wiring schedule, a costing sheet and a payment terms schedule.
1.3–1.7 Acceptance and payment terms. A Proposal remains valid for 30 days unless extended in writing. Any instruction to commence the Works constitutes acceptance of the Proposal, the Price and the Payment Terms Schedule. Late or incomplete payment may delay equipment purchases and reschedule the Works, for which Nethaus Ltd accepts no liability.
2. PAYMENT
Nethaus Ltd will submit payment applications in accordance with the instalment dates in the Payment Terms Schedule. The due date is the date the Client receives the application. The Client must issue any payment notice within 7 days of the due date, and final payment is due 28 days after that date. Interest on late payments may be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Nethaus Ltd may suspend performance until outstanding payments and interest are paid in full. If the Client adds equipment, goods or services exceeding 5% of the total Price, Nethaus Ltd may add an additional stage payment.
3. ADDITIONAL ATTENDANCES AND CLIENT CHANGES
Attendance at site or elsewhere for services not included in the Proposal will be charged at the applicable Nethaus Ltd hourly rate stated in the Payment Terms Schedule. All sums are exclusive of VAT. Changes instructed by or on behalf of the Client after acceptance of the Proposal will be charged either as an agreed lump sum or, where this is not reasonably practicable, as a fair and reasonable sum calculated using the Nethaus Ltd hourly rate plus additional materials and equipment.
4. EQUIPMENT, DELIVERY AND INSTALLATION
Nethaus Ltd reserves the right to substitute specified equipment or materials with alternatives of equivalent or superior quality. Delivery dates are best estimates and are subject to written acceptance of the Proposal, payments being made when due, and receipt of technical approvals. Nethaus Ltd may request payment for equipment ordered but unable to be delivered due to circumstances outside its control. Due to the nature of the equipment, Nethaus Ltd may use its dedicated delivery vehicle; this premium service is charged at scheduled rates.
5. COPYRIGHT, INSURANCE AND OWNERSHIP
The Client receives a licence to use Nethaus Ltd drawings, manuals and other information for the project, including operation, maintenance, repair and reinstatement. Such materials may not be reproduced or disclosed to third parties without written consent. The licence may be suspended for non-payment. Equipment, materials and documentation supplied remain the property of Nethaus Ltd until paid for in full. Nethaus Ltd may re-enter the site to remove or disable unpaid equipment. Equipment remains at Nethaus Ltd’s risk until delivery to site, after which insurance is the Client’s responsibility unless storage is required at the Client’s expense.
6. AFTER SALES, GUARANTEE AND DISPUTES
The Price may include after-sales service and support as described in the Proposal. Equipment guarantees reflect the manufacturer’s guarantee and, unless stated otherwise, are return-to-base and exclude labour. Guarantees may be revoked where equipment has been damaged, modified or repaired by an unauthorised person, or subjected to excessive dust or temperature. The parties will attempt to resolve disputes amicably. This contract is governed by English law and is subject to the jurisdiction of the English courts. Either party may refer a dispute to adjudication under the TeCSA Adjudication Rules.
7. OVERSEAS INSTALLATIONS, PROJECT MANAGEMENT, CABLING, SITE ACCESS, TERMINATION AND LIABILITY
Costs for overseas installations, including travel, accommodation, subsistence, shipping, duties and local charges, may be charged as set out in the Proposal and Schedule of Rates. Design and project management fees cover the agreed design services to the initial completion date; material delays beyond Nethaus Ltd’s reasonable control may incur a proportional charge. Prices exclude first-fix cabling unless stated otherwise. Either party may terminate for insolvency or material breach in accordance with these terms. Nethaus Ltd’s total liability, whether in contract, tort or otherwise, is limited in aggregate to the Price, except where liability cannot lawfully be excluded.