Pasted Graphic HMC Terms & Conditions

HMC Compliance Ltd (“HMC”)


General

“You” means the client instructing HMC. You agree that these terms and conditions apply to all goods and services provided by HMC unless expressly agreed in writing otherwise. These terms and conditions supersede and take precedence over any other terms or conditions stipulated or referred to by You at any time. Any references to “services” shall apply equally to goods.

Charges and Payment

(a) Charges shall be agreed or notified to You prior to providing any services. No quotation (which shall not include VAT, unless otherwise stated) given by HMC for the supply of services shall constitute an offer capable of acceptance. A contract shall only be concluded upon HMC accepting Your request to provide services in accordance with a quotation. HMC hereby reserves the right to withdraw and/or amend any quotation prior to HMC confirming its agreement to supply services. Any statements (oral or written) made prior to HMC notifying You of its agreement to supply services are non binding estimates only.

(b) All orders shall be recorded in writing and shall give sufficient details to enable HMC to identify any relevant quotation, and in particular, shall quote all reference numbers. Any special requirements must be clearly identified. You may only rely on acceptance of any order or of any variation of an order which may be made orally, by telephone, fax, telex or email upon it being confirmed in writing by HMC.

(c) The prices payable for any services supplied by HMC shall be the price specified in the quotation or otherwise as agreed in writing. Except as expressly agreed otherwise, all charges are in sterling and are payable by You within 30 days of the invoice date. Time is of the essence for all payments. HMC reserves the right, at any time, to suspend or cancel the provision of services to You until any and all outstanding charges have been paid, and may withhold any and all reports, certificates or other documents or information until full payment has been received.

(d) For any time spent by HMC undertaking work outside the agreed scope of services a reasonable charge per hour per engineer will be levied, calculated in hourly units.

(e) HMC shall charge £50 plus VAT for any replacement reports or certificates or other documents that are required.

(f) If You wish to open a credit account with HMC You must make an application in such form and with such references as HMC may from time to time require. HMC shall be entitled to refuse any such application and at any time to revoke without notice any credit facilities which it may previously have allowed, and in either case may give reasons for its actions or not, as it shall think fit.

(g) In all cases, payment shall be made within 30 days of the invoice date. If You fail to make any payment by the due date, without prejudice to the other rights or remedies that HMC might have, interest shall accrue on any unpaid amount at the rate of 8% per annum above the base rate of the Bank of England (before and after judgment) until payment of the outstanding amount, including all accrued interest, is made in full. All payments shall be in sterling to HMC at HMC Compliance Ltd, Unit 3, Crowhurst Hop Farm, Bullen Lane, East Peckham, Tonbridge, Kent, TN12 5LP.

(h) HMC reserves the right at any time (whether before or after acceptance of Your order) to pass on to You any increased cost to HMC resulting from the supply of different goods and equipment from that specified in the quotation, from any increase in prices charged to HMC by its suppliers, or from any increase in VAT or any other similar tax from time to time levied. Any quotation takes no account of contingency costs and HMC reserves the right to charge You for any extra costs occasioned to HMC by reason of delay in the performance of the contract, excessive movement of materials or any other difficulty caused by adverse circumstances not specified in the quotation and/or Your order. Where any quotation includes a charge for erection and installation, such charge is based on the assumption that sites are clean and level and offer reasonable access.

(i) HMC reserves the right to increase its charges after every 12 months of any agreement in line with the United Kingdom General Index of Retail Prices (for all items) published by the Central Statistics Office ("RPI") . If the RPI is replaced or changed, the successor or changed index will stand in place of the RPI unless the rules governing the successor or changed RPI are fundamentally different to the rules governing the RPI, in which case the parties will agree a suitable successor to the RPI.


Access

You hereby grant HMC a licence to enter and exit from (and duly authorise such access to and egress from) any relevant premises including, all roads, paths, entrance halls, corridors, lifts, staircases, offices, business areas, common areas, meeting rooms, reception areas and toilets contained within the premises. Subject to compliance with Your reasonable instructions, the safety of those engaged by HMC operating within the premises is Your responsibility and You must ensure that You have adequate liability insurance in place.

(a) Delivery of goods and title: You shall check all quantities of delivered goods against any delivery note or other document which may be produced at the time of delivery by HMC’s supplier or its agent. Any shortages errors or omissions must be reported to HMC forthwith, failing which You shall be deemed to have received all the goods specified in the delivery note or other document and HMC shall not be liable for any alleged deficiency.

(b) All goods delivered to Your premises shall, after delivery, be Your responsibility and at Your risk. You shall be liable for any theft, loss, damage or destruction howsoever caused to goods so delivered and/or to any plant tools or other equipment of HMC left at Your premises. Notwithstanding installation and/or delivery of any goods, title to such goods shall pass to You only upon payment in full of the relevant invoice together with interest (if any) thereon and all other sums (if any) due to HMC of whatever nature and whether arising out of this contract or any other arrangement or transaction.

(c) HMC hereby reserves the right to substitute the goods of one manufacturer for goods of another but of the same fitness quality and specification, notwithstanding that the goods of one manufacturer only are quoted in the accepted order.


Liability and Indemnity

(a) HMC shall not be liable for any death or personal injury, howsoever caused, arising from the supply or failure to services, unless such death or personal injury results from the negligence of HMC. Save as provided below, HMC shall not be liable for any damage, injury or loss of any kind whatsoever to the property of any person, or entity, howsoever caused, arising during or out of the supply of services by HMC.

(b) In relation to any goods supplied to You, HMC gives no warranties and is bound by no conditions, whether as to the quality, fitness, description or specification or otherwise howsoever, save so far as such warranties are implied by statute and may not be excluded.

(c) HMC shall not be liable for any loss or damage arising from a defect in workmanship, save that in the case of a defect in workmanship only, HMC’s liability shall not exceed the reasonable cost of remedying the defect itself. For the avoidance of doubt HMC shall not be liable for any other loss(es) incurred by You as a direct or indirect consequence of any defect. You must notify HMC immediately in writing of the defect being discovered. HMC shall have no liability for defects notified to it after 7 days from the date of discovery.

(d) HMC gives no warranties in relation to any items or services supplied or installed by it or by any of its sub-contractors (whether as to quality, fitness for purpose, specification or otherwise) save to the extent implied by statute. The liability of HMC in respect of any breach of any term or condition or warranty whether express or implied or any representation made at any time or for a failure to supply services shall not exceed the price payable under its contract with You. Any statements, oral or written, made prior to the acceptance of Your request as to the specification or performance of any equipment, any savings of energy likely to result from any installation and the time within which any installation may be completed, are to be regarded as estimates only and do not form part of any contract with You. Claims for loss of income, loss of profits, loss of a chance or opportunity, loss or damage to goodwill or reputation, loss of data or damage to computer or related systems or networks and similar and consequential loss claims are excluded in their entirety to the fullest extent permitted by law.

(e) If You or any of Your directors, employees, agents, contractors or other representatives breach any terms or conditions or otherwise do anything or make any omission that causes HMC (or any of its employees or contractors) loss or damage of any sort, You will indemnify HMC against any and all losses, damages, costs and other liabilities suffered or incurred by HMC arising out of such act or omission. In the event that You cancel a requested service before the service is due to take place You will remain liable to HMC for all sums that would be due under Your agreement with it. HMC will seek alternative work and will give credit where alternative work has been obtained, after taking into account any relevant costs and losses.


Intellectual Property Rights

All drawings, illustrations, diagrams, descriptions, and other information or literature submitted by HMC shall remain the property of HMC (or its supplier). You shall not without HMC’s (or supplier’s) previous consent in writing disclose any of the forgoing to any third party.


Force Majeure

HMC shall have no liability to You for any delay or loss occasioned by force majeure (meaning war, strike, lockout, industrial disputes, fire, riot, explosions, natural disaster, terrorism, illness and death). If the provision of services is affected in any way by any circumstances (of whatever nature) which are beyond the reasonable control of HMC, HMC shall inform You as soon as reasonably practicable of the nature and extent thereof. HMC shall not be liable to You for any delay or failure to perform its obligations due to any such circumstances. In such circumstances, HMC has the right (at its sole discretion) to delay or cancel provision of the service. HMC shall in any event be entitled to receive payment from You for any and all services supplied prior to such cancellation, assessed in proportion to the price agreed and equal to the proportion of the work which was completed as at the date of cancellation. You agree that You shall make no claim for any loss or damage of whatsoever nature nor shall You assert any right of set-off against HMC arising out of any such circumstances.


Term and Termination

(a) You may not terminate Your agreement with HMC prior to completion of the agreed services by HMC. HMC may, for any reason, and without liability to You, forthwith cease providing or give notice not to provide, services to You by giving You written notice.

(b) Without prejudice to its other rights or remedies, and without limiting the generality of the foregoing, HMC may terminate its agreement with You immediately, at any time, and without liability to You if You commit a material breach of these terms and conditions; or You commit a breach which is capable of remedy (which shall include a delay or failure to pay), and where HMC has give a written warning notice of the failure requiring it to be remedied within a specified time, the failure is not remedied within the specified time; You are subject to a bankruptcy or winding-up order or a court judgment; or an administrator or receiver (or equivalent officer) is appointed in respect of all or any of Your assets; You make any composition or other arrangement with, or for the benefit of, all or some of Your creditors; You or any of Your assets are subject to any analogous bankruptcy or insolvency event or to any distress or execution. Upon termination by HMC howsoever occurring, You shall pay HMC for all services rendered prior to such termination and You agree that You shall make no claim against HMC arising out of, or in connection with, any such termination.

(c) Any unagreed notice of a postponement of services You give to HMC on less than 7 days notice will, without prejudice to other rights and remedies, result in a minimum £550 abortive costs and losses charge being levied. Please refer to quotation for full details.


No Partnership

Nothing in these terms, or in the provision of services, shall be deemed to constitute or create a partnership or agency relationship between us and You shall not do anything whereby HMC will or may be represented as Your partner or agent.


Assignment / Subcontracting

HMC may delegate, sub-contract, mortgage, assign and/or transfer all its rights and obligations to any person.


Validity and Non Waiver

If any provision(s) herein shall be found to be unenforceable or invalid, such provision(s) shall be deemed to be deleted and the remaining provisions shall continue in full force and effect. That no action is taken by HMC against You in respect of any breach of any of these terms and conditions does not constitute a waiver of that or any subsequent breach of the same or any other term(s) or any of the rights of HMC in respect the breach.


Entire Agreement

These terms, and any other term expressly agreed in writing constitute the entire agreement with You and supersede any previous agreement(s), understandings or representations. Any variation to these terms and conditions must be in writing and signed by both parties.


Third Parties

A person who is not a party to the agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 (or otherwise) to enforce any of its terms.


Notices

(a) Any notice required to be given hereunder shall be in writing and shall be sent by recorded mail or by fax to HMC at HMC Compliance Ltd, Unit 3, Crowhurst Hop Farm, Bullen Lane, East Peckham, Tonbridge, Kent, TN12 5LP, or (as the case may be) to You at Your registered office for the time being or (if You are an individual or partnership) at Your place of business as specified in the quotation and/or order, or subsequently notified to HMC, and shall, if sent by mail, be deemed served two days after the date of sending, or the next day in the case of a fax, provided a fax transmission sheet confirms the notice was successfully sent.

(b) HMC may send notices by recorded mail, or fax or by mail to an email address known to be used by You, in which case the notice will be deemed served if the email is not returned undelivered.


Law and Jurisdiction

These terms and conditions shall be governed by, and construed in accordance with, English law and the English Courts shall have exclusive jurisdiction.
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HMC Compliance Ltd
Unit 4 Crowhurst Hop Farm Bullen Lane East Peckham Tonbridge Kent TN12 5LP
Tel: 0333 800 9909
Fax: 01622 870 077
Email: ObscureMyEmail