Terms & Conditions
1. Unless otherwise agreed in writing by a person authorised by Ability Projects Limited registered number 04088764 whose registered office is at Millbrook House Grange Drive Hedge End Southampton SO30 2DF (”Ability”) all work done and goods supplied by Ability shall be on the following terms and conditions which shall supersede any prior representations, agreements, statements and understandings. Acceptance of delivery of the goods shall be deemed conclusive evidence of your acceptance of these terms and conditions.
2. Our Quotation is valid for 30 days from the date of issue. All prices quoted are exclusive of Value Added Tax which will be charged at the standard rate prevailing at the date of supply and/or installation. We reserve the right to amend the prices and rates quoted to meet any variations due to any causes beyond our reasonable control such as legislation, Government Orders, regulations, pandemics ,changes in the National Agreement covering wages and conditions in the relevant industry occurring between the date of our Quotation and the completion of the contract. We also reserve the right to review and increase our prices if delivery and/or installation is delayed through no fault of Ability.
3. All mock-ups, samples, literature, drawings and performance data submitted by Ability do not form part of the contract unless expressly agreed by Ability in writing.
4. Our Quotation (and any site survey we may have carried out) is based upon the information and drawings supplied to Ability. Whilst Ability guarantees the work done and goods supplied against defects in materials and workmanship for a period of twenty-four months from the date of supply this guarantee to repair or supply a suitable replacement for any goods found to be defective is conditional on the goods being properly handled, stored, commissioned, used, serviced and maintained. Ability accepts no liability whatsoever for any loss of profit or consequential or indirect loss howsoever arising.
5. Ability does not accept any liability for delays or damages arising from causes beyond its reasonable control. Time shall not be of the essence for delivery. Where the execution of the contract by Ability has been materially affected by any act, omission or default by you or anyone for whom you are responsible such as your subcontractor(s) Ability reserves the right to recover any loss or expense suffered or incurred thereby.
6. To the extent permitted by law the maximum liability of Ability for all losses, claims, damages, indemnities and expenses howsoever arising shall not exceed the Ability contract price.
7. Unless otherwise stated all goods supplied by Ability are sold ex works. Risk (but not property) in the goods shall pass to you on delivery or collection by you or your agent. Where we agree to deliver goods to site you will be responsible for the costs of packing, loading and delivery, prompt unloading and for the stacking, storage, site distribution and hoisting of the goods at no cost to Ability. Any short deliveries or damage in transit must be reported to the carriers forthwith and confirmed to Ability in writing within 48 hours of the delivery. All goods on site whether fixed or unfixed shall be at your sole risk and in the event of damage, destruction or theft we shall be entitled to full payment therefor together with the cost of replacing any such goods and/or reinstating or restoring any work damaged ,destroyed or lost.
8. All invoices presented by Ability shall be paid in full without any deduction discount retention or set-off whatsoever by bank transfer in cleared funds to be received by our bank on or before the last working day of the month following the month the invoice is dated otherwise payment must be received by Ability before delivery. Time for payment shall be of the essence. Ability reserves the right to charge interest on late payments in accordance with The Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 or at Ability's option to levy a service charge of 2.5% of the unpaid debt per month or part thereof.
9. You will arrange at your own expense for the supply and erection of all necessary ladders, scaffolding, hoists, lifting tackle, cranes, tarpaulins, protective sheeting and any other facilities ( including a suitable electrical supply) as Ability may reasonably require to enable its employees to carry out any work on site.
10. Unless otherwise clearly stated, our Quotation does not include for the preparation and weathering of openings, provision and installation of supporting steelwork, electrical wiring, general builders work, clearing away and any other general work.
11. Our price for any installation work is based on the assumption that the work can be carried out in one continuous visit to site during normal working hours without interruption and does not include any allowance for weekend or out of hours working, all of which (if required) will be chargeable as an extra.
12. It is your responsibility to make any and all arrangements to ensure that the use and performance of the goods and installation are in full compliance with all relevant legislation, regulations and standards including the obtaining of all necessary licences, permits or other consents which may be required.
13. The maximum liability of Ability for death or injury to persons or damage to property arising out of the installation of goods caused by its negligence or defective workmanship or that of its servants or agents shall be limited to £2,000,000 (Two million pounds) in aggregate. You shall indemnify Ability against any liability, loss, claim or proceedings arising out of the supply or installation of the goods from any other cause. You warrant that all equipment, facilities and materials supplied or made available for use by Ability are suitable for the purpose required safe to use and conform with all legislation, regulations and standards particularly those relating to Health and Safety at Work.
14. No liability will be accepted for goods or installation works which have been altered, modified or interfered with by third parties without our prior written approval and Ability reserves the right to recover all and any costs incurred thereby.
15. Ability reserves the right to levy an additional charge should the information supplied by you on which its Quotation was based be discovered to be incorrect and/or incomplete. Where the scope nature extent and/or programme of the works to be undertaken and/or supplied by Ability has been changed from what was originally agreed by Ability then Ability shall be entitled to review the contract and revise the terms on which it is prepared to proceed, if at all. Should Ability decline to proceed with such amended scope nature extent and/or programme then Ability shall be paid in full for all work done and/or goods supplied at the contract price or (if greater) such price as shall be fair and reasonable and Ability shall have no further liability thereafter.
16. Ability shall be entitled to sub-contract all or any part of the contract at its sole discretion.
17. Should you: (a) fail to make any payment when due or, (b) become insolvent, go into administration, cease or threaten to cease trading, go into liquidation or have a Receiver appointed over any part of your business or assets; then Ability reserves the right: (i) to treat all sums due or to become due from you to Ability as immediately payable; and (ii) to cancel or suspend delivery of goods and materials; and (iii) to cancel or suspend the execution of any work; and (iv) to cancel any contract with you; and (v) to enter onto site and remove any of our property and any goods or materials for which Ability has not been paid in full.
18. Goods and materials supplied by Ability shall remain its property until paid for in full and Ability shall be entitled to remove such goods and materials at any time prior to receipt of such payment in full. Ability retains full ownership of all intellectual property used supplied and/or created in quoting for and/or executing the works including without prejudice to the generality of the foregoing copyright in its drawings, designs and schemes and reserves all its rights accordingly. Subject to Ability receiving payment in full for the goods supplied and installation work done you will be granted a non-exclusive licence to use such intellectual property for the purpose of the contract.
19. Ability shall not be liable for any delay loss or damage of whatsoever nature due to or arising through any cause beyond Ability’s reasonable control including but not limited to any strike or other industrial action pandemics or adverse weather conditions.
20. This contract shall be construed and governed in all respects in accordance with English Law and the English Courts shall have exclusive jurisdiction.