Terms and Conditions

Terms & Conditions

Maintenance Agreement

This agreement shall be for a period of 1 year and after this period shall automatically renew from year to year unless notice of termination is given in writing by recorded delivery by either party 30 days prior to the expiry of this agreement.

Maintenance will be invoiced 30 days prior to the anniversary of the agreement.

In the event of the maintenance fee being unpaid by the date due all maintenance calls will become chargeable, including time, travelling, labour and materials.

The 'company' agrees, subject to receiving adequate notice, to execute repairs and replacements where, in the opinion of the company, made necessary by fair wear and tear. Any repairs or replacements made necessary due to accidental damage, neglect, misuse, or abnormal electrical stress will be chargeable. Service will be provided between 08.00 - 18.00, 5 days a week, excluding weekends and public holidays.

Severity 1 incidents engineers will be on-site four hours after a maintenance call is booked, if unable to be addressed remotely

The “company” agrees to carry out inspections and repairs as necessitated by reasons other than fair wear and tear as chargeable - i.e. programming, additions, reinstallation, etc.

Faults arising from any modification, enhancements, alterations, or re-location of the equipment by 'non-company' personnel may result in a chargeable visit.

The 'company' shall not be liable or responsible for any reasonable delay in the execution of repairs or replacement nor for any consequential expense including loss arising by reason of the 'equipment' being out of order.

The “customer” shall permit the 'company' to have all necessary access to the 'equipment' for the purpose of servicing and maintenance.

The 'company' may reasonably adjust the Maintenance fee on the anniversary of the agreement.

The 'company' reserves the right to transfer the obligations of this agreement to another capable and competent organisation.

Terms & Conditions of Sale

'The schedule' means the schedule overleaf and any appendix attached hereto.

'The equipment' means the equipment described in the schedule and supplied in Louiscomm’s standard finish. ‘The premises’ means the delivery address or addresses listed in the schedule.

'The UK' means the United Kingdom of Great Britain and Northern Ireland.

'LC' means Louiscomm.

1.Delivery, Installation and Commissioning

2(1) In respect of items of equipment in respect of which installation is not normally provided by LC or installation by LC is not required by the customer, LC shall deliver each such item to the premises ready for installation provided the premises are on the UK mainland. In respect or items of equipment in respect of which installation is normally provided by LC and is required by the customer, LC shall install and commission each such item of equipment in the premises ready for use provided the premises are on the UK mainland.

2(2) LC will use all reasonable endeavors to deliver (or install and commission as the case may be) the equipment by the dates agreed between the parties but LC accepts no liability for any failure to do so. Save a hereafter by clause 3(4), time shall not be the essence of the contract.

2(3) Should the customer postpone delivery (or installation and commissioning as the case maybe) of any equipment for a period in excess of 30 days from the said agreed dates, LC shall be entitled to adjust the price.

2(4) Unless otherwise agreed in writing by LC on acceptance of this order, the customer shall have no right to inspect the equipment prior to delivery.

2(5) Subject as provided in clause 10, risk in each item of equipment shall pass to the customer: - on delivery thereof to the premises.

2(6) No cancellation of this order by the customer shall be effective unless written notice thereof is given to LC before the equipment is delivered to the premises unless LC agrees to accept such cancellation in which event the customer shall pay to LC immediately on presentation of invoice, a cancellation charge of 10% of the price.

2(7) While LC may be willing to take any necessary arrangement with British Telecom at the customer’s request, LC does not accept any responsibility for any failure on the part of British Telecom or their agents and that those arrangements form no part and are expressly excluded from this contract.

2. Price and Payment

3(1) Unless the schedule states that the price has been paid by the customer at the time of placing the order, the price will be invoiced to the customer (or if the schedule indicates, invoiced to the relevant Finance House) upon delivery of the equipment or, if earlier, on the date upon which the equipment is put to use by the customer and where invoice is payable. No cash or other discount will be allowed unless specially agreed in writing by LC.

3(2) LC reserves the right to suspend further delivers where payment is not received in accordance with the terms of payment contained herein.

3(3) Where the equipment is to be delivered on different dates, LC shall be entitled to submit separate invoices, but the sum of any separate invoices so submitted shall not exceed the price.

3(4) Time for payment is of the essence of the contract. All payments will carry interest at 1.5% per month, compounded each day after payment has become due. Unless otherwise stated, all payments are to be made in sterling at LC’s office, as display on the invoice.

3. Title

Title to the equipment remains with LC until payment is received in full. Up to this point LC reserves its rights to protect its interest by entering the premises to terminate the equipment’s effectiveness or remove or reclaim it’s property without prior notice to the customer.

4. Facilities

The customer shall provide at its own expense by the date agreed between the parties for delivery of the equipment, all necessary facilities, consents, licenses or other items for the installation (if applicable), operation and use of the equipment to the standards specified by LC. The customer shall pay LC’s additional charges for any extra labour or other costs or expenses incurred by LC through absence or non-availability of such facilities at any time.

5. Liability

6(1) LC undertakes to pass on to the customer, so far is reasonably possible, the benefit of any guarantee given to LC by their supplier or the manufacturer of the equipment.

6(2) LC shall not be liable for any loss, injury, death or damage of any kind, arising directly or indirectly from any breakdown or failure of the equipment or caused directly or indirectly by or resulting from the equipment, it’s use by the customer or any third party unless such loss, injury, death or damage is caused by the negligence of LC, it’s employees or agents.

6(3) LC accepts no liability, whether under these conditions or otherwise and whether in contract or in tort, for any loss of use, business, profits or contracts or any other consequential loss or damage.

6. Force Majeure

Neither party shall be under any liability to the other in respect of any failure to carry out or delay in carrying out any of it’s obligations hereunder attributable to force majeure or any other cause whatsoever nature outside it’s reasonable control with the sole exception of the customer’s obligations to make any payments to LC required by these conditions.

7. Changes of design

LC reserves the right for it’s self, agents or suppliers to make reasonable changes at it’s discretion, to the design and/or specification of the equipment prior to delivery thereof to, or, if applicable, installation and commissioning thereof at the premises but such changes shall not be adversely effect the design performance of the equipment or increase the price.

8. Origin

LC makes no representation and gives no warranty in respect of the source or origin of manufacture of the equipment or any part thereof.

9. Software

Title to any copyright or other industrial property rights in any software forming part of the equipment (‘the software’) shall not pass to the customer but shall remain the property of LC. The customers sole right in respect of the software shall be to use the software in connection with the hardware which forms part of the equipment. The customer shall not be entitled to use the software for any other purpose or to amend, modify, copy or reproduce the software or to disclose or reveal the software to any third party.

10. Acceptance

Notwithstanding any acts of performance or part performance by LC, LC reserves the right to decline this order by giving written notice to the customer.

11. Technical Documents

All catalogues, brochures, specifications or other technical characteristics, data or descriptive matter included in any sales promotional material made available to the customer in respect of the equipment are intended to give a general description of the equipment and shall not form part of this order.

12. Assignment

The customer shall not be entitled to assign/transfer/sublet any of it’s obligations hereunder without the prior written consent of LC.

13. Notices

Any notice under these conditions shall be sent by First Class Registered or Recorded Delivery post to the relevant address, stated in the order and shall be deemed to have been duly served 48 hours after the time of posting. Either party may give written notice to the other of a change of address for the purpose of this condition.

14. Entire Agreement

15(1) The order overleaf and these conditions constitute the entire agreement between the customer and LC in respect of the equipment and supersede all other agreements, statements, representations or warranties made by or between the parties relative thereto. No waiver, alteration, variation or addition to these conditions shall be effective unless made in writing on or after the date of LC’s acceptance of this order and signed by an authorised signatory of each party.

15(2) The interpretation, construction, effect and enforceability of this order and any acceptance thereof by LC shall be governed by English Law and the parties are to submit to the exclusive jurisdiction of the English Courts.

15(3) If any provision of the schedule is determined to be unenforceable or illegal it will be deemed severed from the other provisions of the schedule, which will remain enforceable and valid.

15(4) It is the responsibility of the customer to inform LOUISCOMM of all telephone lines in situ at the premises, prior to installation & whom they are supplied by. This also includes alarm lines etc.

15(5) LC or it’s assosciates accept no responsibilty for losses or inconvenience caused by failures or delays caused by any other agency or company involved in the installation of the telephone system including British Telecom or it’s associates.