Terms & Conditions

1. In These Conditions
'the Acceptance Form' means the acceptance from annexed to the Offer
'the Agreement' means the Agreement defined by condition 4 below
'the Company' means P Thorne & Son (Safes and Security Systems)Ltd
'the Client' means the person, the company or organization stated in documents to whom the Offer is made.
'the Delivery Date' means that part of the Price specified in the Offer (and if non is specified) 50 per cent of the price.
'the Offer' means the offer by the Company specified in document.
'the Price' means the price stated in the Offer.
'the Works' means the materials to be supplied and the works to be executed by the Company specified in the Offer.

2. Acceptance Period
If the offer is not accepted by the Client within weeks of the date of it (or within such further period and subject to such variations as the Company may from time to time specify in writing) it shall be deemed to have been withdrawn by the Company.

3. Acceptance
To accept the Off the Client shall within the acceptance period
3.1 give to the Company the Acceptance Form signed by or on behalf of the Client and
3.2 pay the Deposit to the Company.

4. Representations
4.1 Each party acknowledges that the Offer and signed acceptance form and these terms and conditions (and any written statement by the Company made prior to date of acceptance) shall contain the whole agreement between the parties and the Client further acknowledges that he has not relied upon any oral statement or representations made to him by the Company or its employees or agents.
4.2 No variation of these terms and conditions shall be binding unless agreed in writing by the Company.

5. Value Added Tax
All prices quoted are exclusive of VAT which shall be due at the rate current at the time of supply.

6. Payment of the Price
Payment of the price and value added tax shall be due as follows:
6.1 the Deposit upon the giving of the signed acceptance form to the Company.
6.2 the balance upon completion of the Works or at such later time (if any) as may be specified in the Offer.

7. Retention of Property & Risk
7.1 all goods and materials comprised in the Works shall be at the clients' as from delivery.
7.2 In spite of delivery having been made the property in the goods and materials shall not pass from the Company until the Client shall have paid to the Company all monies payable under this or any other agreement between the parties.

8. Commencement and Completion of Work
8.1 The Company shall use all reasonable endeavours to complete Works by any Delivery Date specified in the Offer but any dates given for carrying out the Works are approximate only. The Company shall not be liable for any loss suffered by the Client arising from any delay caused. Time shall not be of the essence of the Agreement unless stated in the Offer or previously agreed by the Company in writing.
8.2 If the Company fails to complete the Works by any Delivery Date for any reason other than any cause beyond the Company's reasonable control or the Client's fault, the Company is accordingly liable to the Client, the Company's liability shall be limited to the excess (if any) of the Costs to the Client (in the cheapest available market) of carrying out similar works over the Price and VAT.

9. Preparatory Work
The Client shall complete all of preparatory work which may be specified by the Company prior to Delivery Date.

10. Additions
The Company shall be entitled to be paid at a reasonable rate in addition to the Price.
10.1 for any repairs or other works which it is necessary for the Company to carry out to complete its obligations and the Agreement and which result from defects in the premises of the Client which are found during installation by the Company
10.2 for any additional work resulting from breach by the Client of any of his obligations under the Agreement.
10.3 for any additions extras and alterations provided by the Company at the request of the Client.
10.4 for the provision for storage and additional transport and handling of any goods and materials comprised in the Works if the Client is unable or unwilling to accept delivery of any of them on or at any time following the Delivery Date and such charges shall be payable by the Client as an addition to the Price and such payment shall fall due at the time specified in condition 6.2

11. Access
The Company shall have access to the premises of the Client for the purpose of carrying out any of those Works which are required to be carried out by the Agreement at those premises during working hours from 8a.m to 5p.m, Monday to Friday or at such other times as are agreed between the parties and standard voltage electricity supply and water will be provided by the Client without charge.

12. Interest
This company's policy is to enforce our right to add interest and collection costs for Late Payment of Commercial Debts (interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.

13. Orders and Specifications
13.1 The Client shall be responsible to the Company for ensuring that accuracy of the terms of any order (including any applicable specification submitted by the Client) and for giving the Company all necessary information relating to the Works within sufficient time to enable the Company to perform the Agreement in accordance with the terms.
13.2 The quantity, quality and description of and any specification for the Works shall be those set out in the Offer (if accepted by the Client).
13.3 If any goods and materials comprised in the Works are to be manufactured or any processes to be applied to them by the Company in accordance with a specification submitted by the Client, the Client shall indemnify the Company against any loss, damage, costs and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim for infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights of any other person which result from the Company's use of the Client's specification.
13.4 The Company reserves the right to make any changes in the specification of the Works which are required to comply with any applicable safety or other statutory requirement or, where the goods and materials comprised in the Works are to be supplied to the Company's specification, which do not materially affect their quality or performance.
13.5 No agreement which has been made between the parties may be cancelled by the Client except with the agreement in writing of the Company and on terms that the Client shall indemnify the Company against all loss (including loss of profit) costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation.

14. Warranties & Liability
14.1 Subject to the conditions set out below the Company warrants that the Works will correspond to their specification at the time of completion and will be free from defects in material and workmanship for a period of twelve months from delivery.
14.2 The above warranty is given by the Company subject to the following:
14.2 .1 the Company shall be under no liability in respect of any defect in the goods and materials comprised in the Works arising from any drawing design or specification supplied by the Client
14.2.2 the company shall be under no liability in respect of any defect arising from far wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the Company's instructions, misuse or alteration or repair of any of the goods and materials without the Company's approval.
14.2.3 the Company shall be under no liability under the above warranty or (any other warranty, condition or guarantee) if the Price and any other monies payable under the Agreement have not been paid by the due date.
14.3 Subject as expressly provided in these Conditions and except where the Works are supplied to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

15. Determination
15.1 The Company may by notice in writing to the Client forthwith determine the Agreement in any of the following events:
15.1.1 if the Client fail to make any payment by the due date
15.1.2 if the Client makes any voluntary agreement with his creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction.
15.1.3 an incumrancer takes possession or a receiver is appointed or any of the property or assets of the client.
15.1.4 if the Client is in breach of any term of the Agreement and if remedial such a breach is not remedied within 7 days of a notice by the Company requiring the breach to be remedied.
15.2 The right of determination contained in this condition shall be without prejudice to any other rights or remedies which the Company may have.

16. General
16.1 Any notice required or permitted to be given by either party to the other under these conditions; shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
16.2 No waiver by the Company of any breach of the Agreement by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
16.3 This Agreement shall be governed and construed in accordance with English law.
16.4 The headings in these Conditions are inserted for ease of reference and shall not affect their construction.