Maintenance contract Terms and conditions

1. A maintenance contract covers the labour costs of inspection and tests only. The customer agrees to pay for all equipment repair and renewal in accordance with Davenheath prices from time to time. These Terms and Conditions applies to any visit made by a Davenheath engineer and/or representative who undertakes work on behalf of Davenheath Ltd.

2. The customer will provide access to all necessary parts of the premises to Davenheath personnel for routine maintenance during normal working hours (being 8.00am – 4.00pm Monday to Friday) or as agreed with the customer if in ‘out of hours’.

3. The customer agrees that should an appointment be made for an engineer to attend site for whatever reason but that the engineer is unable to carry out the job as specified Davenheath reserve the right to charge the full service/attendance price.

4. Davenheath reserve the right to charge a late cancellation price, currently £50 + vat for any works booked to be carried out but are subsequently cancelled within 24 hours of proposed attendance.

5. Inability by Davenheath to leave the equipment in proper working order shall not be defective performance of the obligations of this contract or the right to reserve payment for the inspection or tests carried out.

6. The customer will report defects in the equipment immediately and not later than seven days in any event.

7. The customer will not interfere or allow third parties to interfere with the equipment covered by this agreement.

8. Davenheath reserves the right to increase the price at any time at its sole discretion, but not less than per annum.

9. This standard contract shall continue for one year and shall continue yearly thereafter until terminated by either party by giving three months’ notice in writing.

10. Davenheath shall not be liable for any loss, injury or damage of whatever nature however caused which may arise as a result of the equipment not being left in proper working order provided that this shall not apply in respect of any liability of Davenheath for death or personal injury from the negligence of the company or its servants or agents.

11. This contract shall not affect any statutory rights to which the customer may from time to time be entitled and which by law cannot be varied or excluded.

12. Any goods supplied shall remain the property of the seller until paid for in full by the buyer and until such payment the buyer shall hold the goods and all items incorporating the goods as bailee on behalf of and in fiduciary capacity for the seller.

13. Parking and Congestion charges may be applied as and when necessary.

14. Out of hours telephone advice is chargeable at the current cost of £45 + Vat.

15. Charges are applicable for out of hours engineer attendance at the current standard rates.

16. Davenheath reserve the right to charge interest on any monies not paid within the payment terms stated on the invoice. Any court costs/debt recovery monies will be solely paid for by the customer.

Use Of This Website

Davenheath Limited authorizes you to view and download certain specified materials at this website (“Site”) only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

User Submissions

Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary (“Communications”). Davenheath  will have no obligations with respect to the Communications. Davenheath and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material that would violate any law.

Links To Other Websites

Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Davenheath  has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Davenheath does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Disclaimer

The materials provided at this site are provided “as is” without any warranties or any kind of including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights. Davenheath  further does not warrant the accuracy and completeness of the materials at this Site. Davenheath may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and Davenheath Ltd makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult a Davenheath contact for information regarding the products, programs and services that may be available to you.  Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation Of Liability

In no event will Davenheath, it’s suppliers, or other third parties mentioned at this site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of the use of this site, any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of suck damages. If your use of the materials or information from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Restricted Rights

Davenheath makes no representation that materials at this Site are appropriate or available for use outside the United Kingdom, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations. If you choose to access this Site from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of laws.

General

Davenheath may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Note

Anyone linking to Contact Centre Partners’ Web Site must comply with the Guidelines for Linking to Davenheaths’ Web Site and all applicable laws.