Terms of Trade

Definitions

In these conditions unless the context otherwise requires:
Company means Ergo OT Limited.
Buyer means the person, or company buying the services from the Company.
Services mean the services being purchased by the Buyer from the Company.
Contract means the contract between the Company and the Buyer for the purchase of the services.
Date of the contract means where the contract arises from a quotation given by the Company, i) the date of acceptance of the order by the Company; or ii) Where the contract arises from a quotation given by the Company, the date upon written notification of acceptance of the quotation is received by the Company.
Contract price means the price of services as agreed between the Buyer and the Company.
Person includes a corporation, association, firm, company, partnership or individual. Quotation shall mean price on offer for a fixed term. Manager is the companies appointed decision maker.

Quotation

The Buyer may request a Quotation from the Company setting out the price and quantity of the services to be supplied. If the Quotation is acceptable to the Buyer, the Buyer may place an order within an acceptable timeframe.

Acceptance

If any instruction is received by the Company from the Buyer for the supply of services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are definitive and binding.

Terms and Conditions

These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for the services made by the Buyer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Buyer. It shall be the Buyer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.

Price

1.1. The Price shall be as indicated on invoices provided by the Company to the Buyer in respect of services supplied; or
1.2. The Price shall be the Price of the Company’s current Price at the date of delivery of any services.
1.3. Time for payment for the services shall be of the essence and will be stated on the invoice, quotation, tender documents, work authorisation form or any other agreement for service documents. If no time is stated then payment shall be due on delivery of any services.
1.4. The Buyer agrees that the cost Price shall be determined by the Company.
1.5. The Company reserves the right to change the price if a variation to the original quotation or service is requested.

Payment, Late Payment, Default of Payment and Consequences of Default of Payment

1.6. The method of payment will be made by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Buyer and the Company.
1.7. Subject to any provision to the contrary in the Contract, payment shall be received on or before the 20th of the month following the date of the Company’s invoice to the Buyer, which shall be issued promptly on or after delivery of the service.
1.8. Late payment shall incur interest at the rate of 15% per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.
1.9.Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of services to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.
1.10. In the event that:
a. any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or
b. the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
c. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Company’s other remedies at law
d. the Company shall be entitled to cancel all or any part of any work order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.

Governing laws

These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the services or these Terms of Trade.

Dispute resolution

The Company will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.

Reservation of title

Ownership and title of the intellectual property remains with The Company until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to The Company, have been paid in full.

Equipment Warranty

From time to time the Company may arrange for the provision of equipment or products obtained from a third party supplier.  In the event that a defect occurs or repair is necessary, the default position of the Company shall be that the third party warranty or guarantee shall supersede any obligations of the Company.

Quality of service

In providing the services, the Company shall exercise the degree of skill, care and diligence normally
expected of a competent professional.

Liability

The Company shall take out and maintain for the duration of the services a policy of Professional Indemnity insurance.  The Company undertakes to us all reasonable endeavours to maintain a similar policy of insurance for six years after the completion of the services.

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