Unison Engineering Services Ltd T/A Unison Process Solutions Terms & Conditions. The Customer’s attention is drawn to the provisions of clause 11
1.1. Each order for Equipment and request for Services from the Customer to the Company shall be deemed to be an offer by the Customer to purchase the Equipment and/or Services subject to these terms and conditions (Terms). Subject to any variation under clause 1.2 the Contract will be on these Terms to the exclusion of all other terms and conditions, including any terms or conditions which the Customer seeks to impose or incorporate under any purchase order, confirmation of order, specification or other document or which are implied by trade, custom, practice or course of dealing.
1.2. These Terms apply to all the Company’s sales and any variation to these Terms and any representations, warranties or other statements about the Equipment and Services shall have no effect unless expressly agreed in writing and signed by an authorised representative of the Company.
1.3. Any samples, drawings, descriptive matter or advertising issued by the Company and any descriptions of the Equipment or illustrations or descriptions of the Services contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Equipment and/or Services described in them. They shall not form part of the Contract or have any contractual force.
1.4. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
1.5. No order placed by the Customer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company commences work to fulfil the order when a contract for the provision of Equipment and Services under these Terms will come into effect.
2.1. Before providing the Proposal the Company may conduct an initial meeting with the Customer in which the Company may, but shall not be obliged to, conduct a survey of the Site (Survey).
2.2. The Customer will supply to the Company the Customer Information and any other information required under the Contract.
2.3. The Customer acknowledges that the Customer is solely responsible for providing the Customer Information, and that the Company shall rely on the Customer Information in determining and selecting the appropriate Equipment and Services and preparing the Proposal.
2.4. The Customer warrants that the Customer Information and any further information supplied by the Customer to the Company under the Contract are complete and accurate in all respects.
2.5. The Company shall be entitled to rely upon the specification and any advice given by the Customer (in relation to the suitability of the Equipment and/or Services for meeting the Customer’s requirements) such that to the extent that the Equipment and Services comply with such specification and or such advice then the Company shall be deemed to have supplied in accordance with these Terms, without limitation, notwithstanding the Customer Information.
2.6. The Company will send the Customer a Proposal on the basis of any Survey carried out and the Customer Information.
2.7. If the Customer wishes to proceed with the provision of the Equipment and the Services by the Company in accordance with the Proposal the Customer must return its purchase order to the Company, signed by an authorised party on behalf of the Customer prior to the commencement of work by the Company, as confirmation that the Proposal accurately sets out the Customer’s requirements.
2.8. Any Proposal given is valid only for the period stated in the Proposal or if no period is stated a period of 30 days from its date, provided that the Company has not previously withdrawn it.
2.9. Without prejudice to clause 2.2, the Customer shall provide to the Company without charge or delay on request from the Company all reasonable assistance as may be so requested by the Company and all additional information and data reasonably requested by the Company to enable the Company to provide the Equipment and carry out the Services.
2.10. Any Customer Information supplied by the Customer shall include:
(a) any past or present use of the Site which may have an adverse effect on the Services or the Equipment;
(b) details of any hazardous materials present at the Site which may have an adverse effect on the Services or the Equipment or on the health and safety of the Company’s Representatives;
(c) details of whether or not the Customer’s cooling or heating system uses de-ionised water;
(d) whether the Site is a listed building, is within a conservation area or is subject to any other restrictions that may restrict or prevent the installation of the Equipment.
2.11. Any information not supplied to the Company by the Customer is deemed to be unknown to the Company
2.12. No changes to the Customer Information, the Proposal, the Equipment and the Services will form part of the Contract unless agreed in writing by the parties. The Customer understands that as a condition to agreeing a change the Company may alter these Terms for the provision of the Equipment and the Services (including increasing the Price).
2.13. No order which has been accepted by the Company may be cancelled by the Customer, except with the agreement in writing of the Company and provided that the Customer indemnifies the Company in full 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.
3.1. The Company will supply the Equipment and provide the Services as set out in the Proposal.
3.2. The Company reserves the right to supply alternative equipment of the same or better quality as the Equipment at the same price, should the Equipment be discontinued upon placement of the Customer’s order.
3.3. The Company reserves the right to amend the specification of the Equipment if required by any applicable statutory or regulatory requirements.