General Terms and Conditions covering the Provision of acad Goods and Services

1. Introduction

Acad Communications Limited (hereinafter called “Acad”) operates throughout the United Kingdom and in Europe. Acad install and maintain a range of telephone systems plus internal and external cables and structured cabling systems. All services provided by Acad shall be undertaken in accordance with these ‘General Terms and Conditions (hereinafter called the “Conditions”). Each Order accepted by Acad shall be construed as being a separate contract governed by these Conditions.

It is Acad’s policy to achieve the highest possible standards in all works it undertakes for its Customers. To this end Acad’s employees are trained to conduct their business and methods of work to conform to best business and safety practices.

2. General

Except, only where expressly agreed otherwise by Acad in writing, every order shall be subject to these Conditions. Any conditions other than these Conditions applicable to an Order are expressly excluded unless Acad accepts the same in writing. On receipt of an acknowledgement of the Order or upon Acad commencing the work specified therein, whichever is the earlier, the Customer shall be deemed to have accepted these Conditions.

3 Authorisation

Acad cannot accept liability for any Goods delivered or services provided unless the Customer has placed an official written Order bearing an official order number. Orders can be placed by Electronic Data Transfer (Email or Fax) or by post. Orders will be accepted only from a duly authorised officer of the Customer.

4 Goods or Material

Acad shall make arrangements to ensure the necessary goods or materials required to complete the works arrive at the Customer’s premises or any other nominated location to meet the required installation dates as appropriate to the order.

5 Attendance on Site

i) Orders shall be fulfilled within the Customers agreed time plan or, for work where no date is specified, within 5-10 days of the Customer’s order.

ii) If the customer wishes to alter an agreed timeplan, changes should be passed to Acad, in writing, immediately a decision is taken.

iii) Customer shall be under no obligation to accept delivery of the goods or services before the agreed delivery date as stated.

iv) Acad shall take the necessary steps to make themselves fully aware of, and comply with, the local conditions relating to security and health and safety before commencing work on site.

v) Acad has a written Health and Safety Policy statement as required by the 1974 Health and Safety Act which its customers are welcome to inspect.

vi) Any special arrangements (e.g. for reasons of security) which require Acad engineers to have access authorisation, must be communicated to Acad and arranged before the works are due to commence.

vii) Failure by an Acad engineer to gain admission to a customer’s site because paragraph 5vi) above has not been fulfilled, shall result in the applicable charge for the engineer’s time being made.

viii) The customer shall nominate a representative of their organisation with responsibility for liaising with Acad engineers to ensure completion of works is satisfactory. The representative shall be required to sign the Acad ‘Service Report’ to this effect.

ix) It should be noted that it has been assumed that some works will have to be performed outside of normal business hours (0800 - 1800 hours Monday to Friday). Where the Order specifies that works are to be undertaken out of hours, at weekends or Bank Holiday then special arrangements may need to be made with the Customer.

x) Re-visits shall take priority and shall be arranged with the Customer – normally before leaving site.

6 Site Work

i) Acad shall keep the Customer fully informed as to progress of the works and shall upon request provide the Customer with such drawings, reports, specifications, designs and other documents as agreed.

ii) During and on completion of the work, off-cuts, waste or other materials remaining shall be removed from the site, leaving it clean and tidy.

iii) Acad shall, where notified, observe the rules and conditions of labour compatible with those required on the particular site where work is being carried out. Acad shall comply with any rules and regulations in force relating to security, whether imposed by its Customer or by statute or by any government department or authority and which are brought to its attention.

iv) Should the Customer require additional work whilst Acad’s staff are on site then it is incumbent on the Acad representative to obtain the appropriate written authorisation from the Customer together with an acceptance signature before leaving site.

v) Acad shall observe all statutes, statutory rules, orders, directives or regulations in force at the time in respect of the employment of its personnel for the execution of this Order. In particular Acad shall, in relation to the work and its personnel employed thereon observe the provisions of the Factories Act 1961, the Health and Safety at Work Act 1974, the Construction (Design and Management) Regulations 1994 (CDM) and all other existing statutory provisions, orders and regulations made thereunder.

7 Hazardous Materials

Acad shall inform the Customer's safety officer/advisor or other appointed person of all processes or operations connected with any contract work which requires the use of hazardous or suspected hazardous materials. The safety officer will inform Acad, where appropriate, of the storage, transport and disposal arrangements.

8 Dust and Fume Control

Acad shall inform the Customer's safety officer/advisor or other appointed person of all processes producing dust and/or fumes. The safety officer will, if appropriate, advise on controls and methods to be adopted.

9 Storage

i) No storage facilities for the Acad engineers may be assumed. If such is made available then such shall be conditional upon Acad first having obtained the written permission of the Customer's safety officer/advisor or other appointed person.

ii) At no time will means of ingress or egress be blocked by the Acad engineers.

10 Warning Signs

Suitably approved warning signs shall be used for all potential hazards, and will indicate the type of hazard concerned. These shall be illuminated where necessary.

11 Fire Precautions and Regulations

i) Acad shall make themselves aware of the local fire precautions and regulations, which shall be observed at all times including fire alarm actuation, fire evacuation signals, fire exit and their muster points. No disconnection of an existing fire alarm system or its constituent parts may be undertaken without first having received the prior written approval of the Customer’s safety officer or other appointed person.

ii) Acad shall make themselves aware of the location and use of fire fighting appliances. These appliances shall not be removed without the express permission of the local Fire Prevention Officer, Safety Officer or other appointed person.

iii) Fire hose reels shall not be used for water supplies and all "no smoking" signs shall be obeyed.

12 Prices and Payment

i) Prices stipulated in the Order are based upon a quotation or other agreed method and shall not be subject to variation. Prices quoted shall be deemed to be exclusive of VAT or any other form of purchase tax applicable from time to time unless the contrary is expressly stated or is clear from the face of the document on which the price is quoted.

ii) The period agreed for payment shall be 30 (thirty) days from receipt of a correct and undisputed Invoice. In the event that the customer fails to make payment of a correct invoice then without prejudice to any other right or remedy available, Acad shall, after serving 7 (seven) days written notice to the customer, be entitled to:-

  a) Suspend any further deliveries or works

    and/or

b) Charge interest (both before and after any judgement) on the amount unpaid at the current UK base rate until payment in full is made (a part of the month being treated as a full month for the purpose of calculating interest).

13 Insurance and Indemnity

i) Acad will indemnify the customer against any and all liability, loss, damage, claims, costs and expenses howsoever arising in connection with the following:-

ii) If the Goods cause injury to any person or damage to any property from inherent vice or by reason of faulty design materials. Through faulty workmanship or as the result of any breach by Acad of any statutory duty laid upon the manufacturers or suppliers of any article for use at work or if any of Acad’s servants cause or suffer any injury or damage whilst on the Customers premises in performance of the Order.

14 Warranty

i) Acad shall advise the Customer in writing (facsimile transmission accepted) and seek their agreement before undertaking any works that may jeopardise the warranty of existing cabling schemes. If within 12 (twelve) months after the Goods have been put into operational service (the Warranty Period) any defect in the Goods shall be discovered or arise under normal use attributable in reasonable opinion to faulty design, materials or workmanship, Acad shall remedy the defect by replacement or repair at its own expense.

15 Force Majeure

i) Neither Acad nor its Customer shall be liable to the other for failure to make or accept delivery of the goods or services if such failure arises from any breakdown of plant or apparatus, fire, explosion, accident, strike, lock-out or any event or cause beyond the reasonable control of such party.

ii) If either party fails to perform any part of an Order by reason of any event or cause such as is specified in the preceding sub-clause the other party may at its discretion suspend or cancel the delivery of the goods or services and/or the performance of the Order without any liability.

16 Waiver

No admission, act or omission made by us or on our part during the continuance of an Order shall constitute a waiver of or release either party from any liability under any of these Conditions.

17 Law of the Contract

Orders shall be construed and have effect in all respects in accordance with English Law and any disputes arising herefrom or in connection with these Conditions applicable hereto shall be submitted to the jurisdiction of the English Courts.