Please ask should you require clarification of any aspect of these Terms and Conditions of Business.

1.             General
The following are the standard Terms & Conditions of the Company.  All contracts entered into by the Company for the supply of goods and services, are subject strictly to these terms and any person (hereinafter referred to as “the customer”) seeking to be supplied with goods or services by the Company accepts that these terms shall govern relations between the Customer and Company to the exclusion of any other terms, including conditions, warranties or representations, written or oral, express or implied, even if contained in any of the Customer’s documents which purport to provide that the Customer’s own terms shall prevail.

No variation to these conditions of sale are permitted unless expressly in writing by us.  No other person is authorized to neither accept, confirm or vary any order nor make any representations, promise or warranty on our behalf.  These terms and conditions apply in preference to and supercede any terms and conditions referred to, offered to, relied on by you whether in negotiation or at any stage in the dealings between us with reference to the goods to which the order relates.  Without prejudice to the generality of the foregoing, we will not be bound to any standard or printed terms furnished by you in any of your documents.  Any advice or recommendation given by us or our employees or agents to you as to the storage, application or use of the goods which is not confirmed in writing by us is followed or acted upon entirely at your own risk and accordingly, we shall not be liable for any such advice or recommendation which is not so confirmed.

2.             ENGINEERS SURVEY
The purpose of the Engineers Survey is to confirm the technical suitability of the equipment specified and to discuss any civil or electrical preparatory work to be done by others.  Additional visits, on a “Consultancy” basis, can be organized but will be chargeable at £250 per day. During the course of the engineers survey all steps will be taken to try and ensure that equipment provided by the Company for installation at the Customers premises is compatible with and unaffected in its performance by the existence of any other machinery or equipment regardless of its purpose existing at the time of the survey. The Customer is expected to draw to the Companies attention all machinery and equipment in existence at the Customers Premises both at the time of the survey and at the time of the installation which may have an adverse effect on the performance of the apparatus including machinery and equipment provided by the Company to the Customer. The Company cannot be held responsible for any matters which cannot be identified by the engineer’s survey such as ground loop induction which may be latent and which are not immediately apparent as a result of the engineers survey and a visual inspection. The Company does however take all reasonable steps to establish the existence or otherwise of any such matters.

3.             ACCEPTANCE
Any order or other purported acceptance of the Company’s quotation made by the Customer shall be deemed to be an unqualified acceptance that these terms shall apply to any contract between the Company and the Customer for the supply of goods and services, and by dispatching the same, the Customer waives his own terms.  The Company retains the right at its discretion to enforce the terms and conditions contained herein in substitution for any other terms, conditions and warranties, either oral or in part written and where the same are inconsistent with or in contravention of these standard Terms of Contract then these standard Terms of Contract shall prevail.

4.             REFUSAL OF ORDER
The Company reserves the right at its sole discretion to accept or refuse any order placed by the Customer on the basis of quotations issued, and in the event of refusal, no damages or expenses of any kind whatsoever shall be payable by the Company to the Customer.  No contract shall be formed until the customer’s order has been accepted and confirmed by the Company in writing.

4a        CONSUMERS CANCELLATION 
No Order is accepted until confirmed in writing by Total Supplies. Once sent no cancellations will be accepted.

5.             PRICE
(a) The price contained in the Company’s quotation is based on the cost to the Company of labour materials and transport at the date of such quotation and in the event of any increase in such costs caused by any reason the Company shall be entitled to vary its price accordingly whether or not such increase was foreseeable by the Company.

(b) Where the price includes installation it is based upon the free and uninterrupted access to and possession of fully prepared working areas being made available to the Company during normal working hours.  In the event that such access and possession are not made available, or that the working areas are not duly prepared to the Company’s requirement for immediate installation of the goods, without prejudice to any other right which the Company may have, the Company shall at its sole discretion be entitled to vary the price accordingly.

(c) The Companies quotation does not constitute an offer by the company to supply the goods or carried out the work referred to therein and no order placed in response to the Companies quotation will be binding unless accepted by the Company in writing. All such acceptances by the Company will be strictly subject to availability of the necessary materials and to the Company being able to obtain any necessary authorisation and or license and the same remaining valid.

(d) The price stated by the Company in the contract assumes normal excavation where such works are appropriate. Where however the Company encounters physical conditions and/or artificial obstructions which condition or obstructions the Company considers would not, have been foreseen, the Company shall take such action as may be necessary and if in taking such action incurs any extra cost such cost shall be passed to the Customer.

(e) The price stated in the contract allows for carriage of materials within ten metres of a metalled road. Any additional carriage beyond the distance of ten metres from a metalled road shall be added to the price.

(f) Where the price for goods is buried in accordance with this condition the price as varied shall become binding on both parties and shall not give either party any option of cancellation.

(g) The price contained in the Companies quotation does not include VAT.

6.         SETTING OUT
While the Customer shall be responsible for the true proper and correct setting out of the works and for the correctness of the position, levels, dimensions and alignment of all parts of the works, if at any time during the progress of the works any error shall appear in the position, levels, dimensions or alignment of any part of the works the Customer being required so to do by the Company shall at his own cost rectify such error.

7.             TERMS OF PAYMENT
(a) Payment may be made within twenty eight days. At the Company’s absolute discretion and subject  to prior approval in writing given by the Company to the Customer, payment thirty days net unless by agreement.
(b) The Company may at its sole discretion require at any time by invoice that all or part of the price shall be paid in advance or on account and sums so invoiced shall be immediately payable, any balance remaining payable as otherwise provided herein.
(c) Should the Customer default in payment for whatever reason on the due date of any sum, without prejudice to accruing from the due date at 6% per annum above the base rate from time to time in force of National Westminster Bank and which said interest rate shall be in substitution for any interest rate approved by statute.
(d) Where the Customer is a Mina Contractor under a building contract with an employer, all payments made by the employer to the Customer in respect of materials supplied or work performed by the Company shall be held in trust by the Customer until received by the Company.  The Customer’s interest in such payments shall be fiduciary as trustee for the Company and the Customer shall immediately on receipt place such amounts in a separate Trust Account and keep such amounts identified as held in trust for the Company.
(e) In the event that items goods or services provided by the Company to the customer shall remain unpaid following completion of works by the Company on behalf of the Customer or in excess of 30 days from the date of the invoice if previously agreed in writing between the Customer and the Company then the Company shall be entitled upon 3 clear days written notice by the Company to the Customer to enter on the site or sites or onto any location whatsoever to which the invoice relates for the purpose of removing the items supplied by the Company to the Customer and in doing so making good any damage which may be caused by their removal to a good and proper standard and title to any such goods or items which remain unpaid will continue to vest in the Company until payment is received in full.
(f) In the event that the circumstances described in (e) above shall arise and the Company shall remove items from the relevant site then the Company shall be entitled to re-use and re-sell the items removed in such manner as it thinks fit and to retain such proceeds of sale as they be received by the company and to seek payment from the Customer in respect of any shortfall in value of all or any of the items so removed and/or re-used and/or re-sold by the Company the shortfall in value be determined as the difference between the invoice price to the Customer and the price received on re-sale if any by the Company.

IMPORTANT NOTE RELATING TO RE-POSSESSION
(g) The Customer shall undertake to notify all third parties into whose possession items or goods supplied by the Company shall or are likely to come whether as a result of re-sale or otherwise of the provisions of sub-paragraphs (e) and (f) above.

8.             TIME FOR DELIVERY
(a) We will use reasonable endeavors to meet delivery estimates but cannot accept any liability whatsoever for failure to do so, however arising. The delivery or performance dates specified in the Contract are approximate only and no liability regardless will be accepted either verbally or in your terms and conditions if applicable. You must inspect the goods upon receipt and shall immediately give notice to us in writing, details of any defect in the goods shall be conclusively presumed to be in all respects in accordance with the contract and free from any defect which would be apparent on reasonable examination.  You shall be deemed to have accepted the goods accordingly.  You acknowledge that we do not write software comprised in goods sold by us and accordingly, you acknowledge that it is your sole responsibility to check (by the application of appropriate diagnostic software) for the presence of computer viruses in software comprised in goods before such goods are used or disposed of.  In the event that you establish to our reasonable satisfaction that the goods are not in accordance with the contract or are so defective, your sole remedy in respect of such non accordance or defects shall be limited as we may elect to the replacement of the goods or refund of the purchase price or, where sums are owed by you to us, the issue of a credit note or a credit card refund against the return of the goods.  Queries regarding shortages of goods invoiced but not delivered must be made in writing 10 days of the invoice date and the invoice number must be quoted.
(b) Any time stated or agreed by the Company for delivery, dispatch or completion either in its quotation or by any other means are not of the essence of any contract, either as to supply or as to installation.  Such times are given by way of general information only and in the event that delivery, dispatch or completion is not made for any reason whatsoever at the time stated, the Company shall not be liable for any loss or damage whatsoever sustained by the Customer.
(c) In the event that the Customer does not take delivery of the goods forthwith upon being notified by the Company the manufacture has been completed, the Company shall be entitled to charge and recover reasonable storage rates which shall be added to the price stated in the Company’s quotation.
(d) Where the Contract provides for payment upon submission of a pro-forma invoice or other demand the Company shall not be obliged to deliver and or supply the goods or services in question until payment has been made in full.
(e) No delay on the part of the Company shall entitle the Customer to reject any delivery or any further installment or part of the order or any other order from the Company or to repudiate the Contract or the order.
(f) The Company cannot undertake to meet any schedule of the Customers requirements supplied after the date of the Contract and will have no liability whatever for delay in meeting or failing to meet all or any of such requirements (howsoever such failure or delay may arise) unless or to the extent that the Company expressly agrees to meet such requirements.

9.             PASSING OF TITLE DELIVERY AND RISK
(a) The Customer will provide safe and secure storage for all goods delivered to site that are not due for installation on the date of delivery.  Free and unobstructed access must be provided during the period of installation.  Time lost owing to any infringement of this condition will be chargeable at day work rates,  or the relevant premium rate where applicable.
(b) Unless otherwise stated in the Company’s quotation the cost of delivery from the Company’s works to the place of delivery stated in such quotation is included in the price but it shall be the responsibility of the Customer entirely at his own risk, to unload.  Where the price includes installation, it shall further be the responsibility of the Customer at his own cost to provide adequate dry and secure storage of the goods pending and during such installation.  All risks in the goods shall pass to the Customer upon commencement of unloading at which time a delivery note will usually be handed to the Customer or his representative or left with the goods.  The Company’s liability to the Customer for missing or damaged goods up to the time unloading commences shall be limited to any sums recoverable under a Policy of Insurance in respect of such risks which may at the Company’s discretion be maintained by the Company.  If  no such sums are recoverable or if no such Policy is maintained, there shall be no liability whatsoever on the Company in respect of such goods.
(c) In any event, and without prejudice to the foregoing, any claims relating to missing or damaged goods which ought to be revealed by a reasonably diligent examination shall be notified in writing to the Company and to any carrier involved within seven days of the receipt of any of the goods or any part thereof by the Customer, his servants or agents, and in default of any such notification any such claims shall be absolutely void.
(d) “All Monies Clause” :- Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the seller known as Total Supplies, until the seller has received payment of the full price of (a) all Goods and/or Services the subject of the Contract, and (b) all other goods and/or services supplied by the seller to the buyer under any contract whatsoever.  Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer.  

10.           SCAFFOLDING
Scaffolding and ladders will be supplied by the Company for its own use if confirmed in writing to the Customer by the Company before delivery, but otherwise if not so confirmed in writing before delivery, all necessary scaffolding and ladders required by the Company will be supplied by the Customer at no charge to the Company.

11.           PROPERTY
(a) The risk in the goods shall pass to the Customer (i) when the Company delivers the goods in accordance with these terms to the Customer to deliver the goods or (ii) if the goods are appropriated to the Customer but kept at the Company’s premises at the Customer’s request, the Company shall have no responsibility in respect of the safety of the goods thereafter and accordingly the Customer should insure goods against such risks (if any) as is deemed appropriate.
(b) The ownership to the goods shall remain with the Company which reserves the right to dispose of the goods until payment in full for all the goods has been received by it in accordance with the terms hereof or until such time as the Customer sells the goods to is customer by way of bonefide sale at full market value.  If payment is overdue in whole or in part, the Company may (without prejudice to any other of its rights) recover or re-sell the goods or any of them and may enter upon the Customer’s premises with servants or agents for that purpose.  All monies due an owing by the Customer to the Company shall immediately become due and payable from the commencement of any act or proceedings in which the Customer’s solvency is involved.   If any of the goods are incorporated in or used as material for other goods before such payment the property in the whole of such other goods shall be and remain with the Company until such payment has been made or the other goods have been sold as aforesaid and all the Customer’s rights hereunder in the goods shall extend to those other goods.

12.           GUARANTEE, WARRANTY; LIMIT OF RESPONSIBILITY
1. Goods manufactured by the Company (thereinafter referred to as “goods”) are warranted to be of merchantable quality in that they will be free from defects in workmanship and materials and shall be reasonably fit for the purpose for which they are purchased in as much as they shall conform to the Company’s published specifications.  If it is proved to the Company’s satisfaction that the goods are not free from defects in workmanship and materials or do not conform to such specifications, the Company shall repair, or, at its option, replace such goods subject to the following and conditions:
(a)           The warranty period shall be 12 months from the date of shipment of the goods.
(b)           The warranty does not apply to any goods which have been subject to misuse, neglect, accident or modification.
(c)           Total supplies will not be held responsible for any interference caused by high voltage cables or  EMF interference on any cabling or equipment installed by Total Supplies.  Care will be taken in routing of cables at time of installation where possible.  Extra filtered equipment may be required at cost to yourself if interference is detected.

2. Where the goods are not of the Company’s own manufacture, the Company shall, in so far as it is able to do so, pass to the purchaser whatever benefits (if any), the manufacturer’s warranty confers but the Company makes no warranties expressed or implied whatsoever in respect of such goods and shall not be liable to the Customer either directly or indirectly for the failure of any components or any aspect of any installation supplied by the Company or for any damage or loss arising from the failure of any component or installation how so ever caused save for personal injury or death. Where a manufacturer provides a warranty or extended warranty on any goods or items supplied by the Company to the Customer the Company shall only provide attendances and call outs at its discretion and these will be subject to additional costs to be agreed between the Company and the Customer. The Company reserves the right to refuse to undertake any repairs or call outs in cases where the Customer has been negligent and/or caused willful damage to the goods.
(a)           While the company takes all reasonable care with regard to informing itself as to the design specification performance and suitability of goods or services supplied by it and takes care to relay all relevant information received to the Customer the Company cannot be held liable for any misrepresentations made to it by third parties and passed on by the Company to the Customer in good faith.
3. The Company shall not be responsible for any defect reported to the Company after a 12 month period from the date of shipment.  Where a manufacturer provides an extended warranty on any goods beyond the initial 12 month period, the Company shall only provide attendances and call outs at their discretion and these will be subject to an additional cost to be agreed.  The Company reserves the right to refuse to undertake any repairs or call outs in cases where the Customer has been negligent and caused willful damage to the goods.
4. All other warranties and all conditions and representations expressed or implied by statute or at common law are hereby excluded, and the Company shall have no liability whatsoever for any direct loss or damage, including loss of profits, or under any of the Section 13, 14 or 15 of the Sale of Goods Act 1979, or for any incidental or consequential damages or losses of any kind arising out of the sale, or use of the goods provided that where contracts are performed within the United Kingdom the Company shall be liable for any breach of duty by it in terms of the Unfair Contract Terms Act 1977, resulting in personal injury or death.
5. If any alteration or modification is made to the goods without the Companies written authorisation then the Company shall be under no obligation to repair, replace or refund the full purchase price of any goods which are found within the Warranty period to be defective or not in accordance with the contract or in the express description or representation given or made on behalf of the Company in respect of the goods.

13.           QUALITY AND CONDITION OF GOODS
(a) The Company warrants that goods, parts or materials manufactured by them shall be of good materials and workmanship and that good workmanship will be employed in assembling parts or materials not manufactured by them.  Save as aforesaid the Company undertakes no liability whatsoever in regard to goods or materials whether incorporated by reason of statue or common law is hereby expressly excluded.  In any event, the Company’s above liability with regard to the quality and condition of goods shall be limited absolutely to the repair or replacement of goods, parts or materials which do not comply with this warranty by reason of defects in materials and workmanship arising within 12 months of risk passing under these terms.
(b) Without prejudice to the foregoing if called upon to do so by the Customer in writing, the Company shall use its best endeavors to assign to the Customer the benefit of any warranty, guarantee, indemnity claim, privilege or other right which the Company may have in regard to the manufacturers or suppliers of any goods, parts or materials not manufactured by the Company and relating to the quality or condition of such goods, parts or materials.

•               LIABILITY AND EXCLUSION OF LIABILITY
(a) You will be responsible for ensuring the fitness of purpose of the Goods for your applications.  Every effort has been made to ensure that the information provided is correct.  We accept no liability whatsoever or howsoever arising (including our negligence) in respect of loss arising from errors in the information provided,  we shall not be liable in contract, in tort or under statue or otherwise for any loss or damages (whether for loss of profit, or revenue, or any other consequential loss or damage or otherwise) suffered by you whatsoever or howsoever arising out of or in connection with the supply of goods or services by us other than to supply goods conforming to the original agreed specification or at our option to refund to you any monies already paid in respect of the goods.
(b) We accept no liability whatsoever whether in Contract, tort or otherwise and whether or not resulting from our negligence or of our employees, agents or sub-contractors in respect of defective calibrations, programming, certifications, reports analysis or for any damage or loss resulting there from or from the failure to give advice or information or the giving of incorrect advice or information in connection of the provision of such services.  In no event shall any breach of contract or negligence or failure to any kind on our part or that of our employees, sub-contractors or agents be accepted as liability for any direct loss or damage or loss of revenue or loss of profits or any other consequential loss or damage arising from any cause whatsoever.
(c) The Company shall not in any circumstances whatsoever be liable to the Customer for any loss or damage involving any person, property or interest howsoever suffered by the Customer in connection with the installation by its servants or agents, at the site nominated by the Customer.
(d) The Customer agrees upon demand to indemnify the Company against all losses, damage, injury, costs and expenses of whatever nature suffered by the Company to the extent that the same are caused by or related to defective materials or products supplied by the Customer to the Company and incorporated by the Company in goods produced by the Company for the Customer or the improper incorporation, assembly, use, processing, storage or handling of the goods by the Customer and/or failure of the Customer to notify the Company of the nature of the ground and sub-soil, the form and nature of the site and in general to provide the Company all necessary information as to risk contingencies and all other circumstances influencing the Company.
(e) Without prejudice to the generality of these terms of the forgoing sub-clauses, the Company will in no circumstances whatsoever owe a liability to the Customer in excess of the amount of the price hereunder.

15.           MODIFICATIONS
Any extra work, requirement or modifications (including but not limited to foundation work) in relation to the goods or their installation which is expressly specified in the Contract which is expressly excluded by these conditions and which the Customer requests shall, if the Company is able and willing to agree thereto be charged extra (including an appropriate allowance for profit) to the extent that such extra work requirement of modification increases the cost to the Company of performance of the Contract and the Company shall be allowed a reasonable extension or postponement of performance or delivery dates required to comply with any such request.

16.           TESTING
(a) The Company shall only be obliged to carry out tests which are specified in the Contract in reasonable excesses and deficiencies thereof shall be accepted by the Customer who shall not be entitled to reject any goods on the grounds that they are not precisely as specified. Tests and inspections shall take place under the Companies standard testing arrangements. Any additional testing which the Company expressly agrees to carry out for the Customer shall be charged extra to the Customer and shall be undertaken subject to those conditions. Where the Customer requires to be present at any tests or inspections the Company shall give the Customer as much notice as is reasonably possible of the date and time such tests and inspections shall take place and if the Customer or any third party fails to attend such tests and inspections the Company shall be permitted to undertake such tests and inspections without liability to the Customer and shall notify the results thereof to the Customer who shall not be entitled to further tests and inspections.
(b) If any special arrangement has to be made to facilitate the requirements of the Customer then at the discretion of the Company a charge may be made for all costs incurred in facilitating the inspection of the goods.

17.           CONFIDENTIALITY PATENTS ETC..
(a) Any drawings, specifications or other technical information supplied by the Company to the Customer in connection with the Contract are provided on the express understanding that the buyer will not give, loan, exhibit or sell such drawings, specifications or technical information to any third party and that the Customer will not use them in any way except in connection with the goods or services provided hereunder. The copyright in all documents provided by the Company will remain vested in the Company.
(b) The Customer shall indemnify the Company against all actions, costs (including the cost of defending any legal proceedings), claims, proceedings, accounts and damages in respect of any infringement or alleged infringement of any patent, registered design, copyright, trade mark or other industrial or intellectual property rights resulting from compliance by the Company with the Customers specific requirements, designs or specifications.

18.           SUB-CONTRACTING
The Company reserves the right to sub-contract the whole or any part of the Contract.

19.           FORBEARANCE
No forbearance or indulgence by the Company shown or granted to the Customer whether in respect of these conditions or otherwise shall in any way affect or prejudice the rights of the Company against the Customer or be regarded as a waver of all or any of these conditions.
               
20.           FORCE MAJEURE
If the performance of the contract or any obligation under it is prevented, restricted or interfered with by any reason or circumstances beyond the reasonable control of the party obliged to perform it (other than financial) the party so affected upon giving prompt notice to the other party shall be excused from performance to the extent of the prevention, restriction or interference but the party so affected shall use its best efforts to avoid such causes of non-performance and shall continue performance under the contract with the utmost dispatch whenever such causes are removed or diminished.

21.           IMPOSSIBILITY OF PERFORMANCE
The Company shall be entitled by written notice to the Customer to cancel any contract concluded between the Company and the Customer should the Company be hindered or prevented by any clause beyond its reasonable control from performing the same, including a cause which render performance commercially difficult or expensive.

22.           SUB-CONTRACTING
The Company shall be entitled to sub-contract or assign without consent all or any of its obligations hereunder.

23.           FRESH INSTRUCTIONS
The Company shall use its best endeavors to comply with any reasonable request to vary the goods or to vary the time or place for delivery provided always that in complying with any such request the Company shall be entitled to vary delivery times and to vary the price accordingly as well as to impose such other conditions of the Company as its sole discretion may require.

24.           RESALE
Since the goods are manufactured to fulfill the Customer’s particular requirements, in the event that the Customer does not fulfill his obligation hereunder, the Company may be unable to re-sell the goods or any part thereof at better than scrap value and for the purpose of calculating the Company’s damages, the Company shall owe no duty to seek to re-sell the same at better than scrap value.

25.           TERMINATION
The Company may without incurring further liability terminate the Contract by written notice if in its reasonable opinion the Purchaser is unable to make payment in accordance with the terms hereof.  Without prejudice to any other right which the Company may have, upon such termination the Company shall be entitled to receive payment on a quantum mercuit basis in respect of work completed or in progress at the date of termination together with loss of profits duly calculated on the basis of genuine pre-estimate of damage in consideration of the failure due to whatever cause in the performance of the contract and the Company shall be entitled to invoice the Customer in accordance with the terms hereof for the said sum.

26.           FURTHER SERVICES
The terms hereof shall apply mutatis mutandis in regard to any further services after completion of the contract which the Company may in its discretion perform.

27.           NOTICES
Any communication or notices hereunder may be given or made by sending the same by ordinary pre-paid first class post in the case of the Customer to his last known address and in the case of the Company to the address shown at the top of its quotation or upon its letter heading, and if so sent shall be deemed to have been given or made on the date when posted.

28.           INTERPRETATION
The contract shall be governed by English Law.  No action or proceedings of any nature shall be initiated against the Company except in the English Courts.

29.           DIGGING CONDITIONS
If as a result of testing as set out in paragraph 16 (a) and (b) of these conditions the Company establishes that the prevailing conditions are other than soft dig or if during the course of any works carried out by the Company for the Customer it transpires that the conditions are no longer soft dig then the Company shall immediately notify the Customer and the Company shall be entitled in accordance with paragraph 5 (e) above to charge the Customer accordingly for such works as may be necessary to overcome the prevailing dig conditions.

30.        It is the Customers responsibility to ensure that the Company and/or the Companies
Servants or Agents or representatives can gain access to fence lines both with and without delivery vehicles at all times during the currency of any agreement for work entered into between the Company and the Customer.

31.           FURTHER RESPONSIBILITIES OF THE CUSTOMER
(a) It is the Customers responsibility to ensure that the fence line where appropriate is pegged, lined, leveled and clear of obstructions prior to the arrival on site of the Companies servants, agents or other engineers. The Company will not accept responsibility for incorrect positioning after instruction by the Customer neither will the Company accept any disputes regarding the boundary and the Company reserve the right to terminate the contract upon 24 hours written notice without liability should any dispute arise and charge accordingly for any cost so incurred.
(b) The work which is the subject of any contract between the Customer and the Company will be available for the Company to carry out in one continuous visit uninterrupted by any acts of the Customer or their servants or agents.
(c) The Customer will provide the Company with details of all underground
services and utilities including gas, water, electricity, telephone and other communication cables, pipes, ducting etc. which may exist on or close to the fence line and which are not immediately apparent from a site survey. In the event that this information is not provided by the Customer to the Company the Company will not accept any liability for damage to or disruption of the services conveyed by the pipes, cables, ducting and related matters.

32.           PLANNING/BUILDING CONSENT
For certain types of work carried out by the Company either planning consent or building regulation consent may be required by the Local Authority. It is the responsibility of the Customer to make full and compete enquiries to establish whether any such consent is necessary and to obtain the necessary consent.

33.           PRE-EXISTING MATERIALS
Where the Customers instructions to the Company stipulates re-using or reconditioning and existing fencing materials or any materials whatsoever the quotation provided by the Company to the Customer does not make allowance for repair or replacement of any defective pre-existing materials and the Company shall be entitled to charge the Customer such further amounts as it deems appropriate in all the circumstances to ensure rectification.

34.           ACCEPTANCE OF QUOTATIONS
 Any quotations provided by the Company to the Customer remains open for a period of 30 days from the date of the quotation and in the event that the same is not accepted by the Customer at the end of the 29th day the quotation will be deemed to lapse and a new quotation must be requested by the Customer from the Company.

 35.          AMENDMENT TO TERMS AND CONDITIONS OF BUSINESS
Our normal terms and conditions of business regarding payment and all other aspects apply unless otherwise agreed in writing between the Company and the Customer.

Beckland Hill, East Markham, Newark, Nottinghamshire NG22 0QP
Tel 01777 871 771   Fax: 08712 088 772
www.total-supplies.co.uk