Terms & Conditions – Stevens Traceability Service Ltd

1. The following are the sole terms and conditions upon which Stevens Traceability Service Limited (“the Company”), and its subsidiaries supplies service and maintenance to the customer specified in the Particulars (“the Customer”) unless otherwise agreed in writing by a director of the Company. These conditions replace and are to the exclusion of all previous and existing sets of terms and conditions.

2. Definitions

2.1 “The Particulars”
Means the details and particulars set out in the accompanying documents.
2.2 “The Agreement”
Means the Service and maintenance Agreement between the Company and the Customer consisting only of the Particulars and these Terms and Conditions.
2.3 Words and phrases defined in the Particulars shall bear the same meaning in these conditions.

3 Term
The Agreement shall commence on the Commencement Date and shall last for a minimum term of twelve months or the term specified in the Particulars.
(i) Notification of Renewal of the Agreement will be sent two months prior to the expiry date and
(ii) The Agreement will be renewed on the anniversary of the commencement date upon receipt of a valid Purchase Order Number
The Customer may cancel the agreement by giving three months’ notice prior to the end date of the contract, to cancel in writing to the Company.

4 Payment
4.1 The Contract Price in the shall be paid within 30 days of the invoice date, on or before the Commencement Date and in the case of renewal upon the day immediately following the expiry of the preceding term, whichever is the later
4.2 The Contract price shall be fixed only for the term of which it is paid and the Company shall be entitled at its discretion to revise prices to any proposed renewal.
4.3 All additional costs payable under the Agreement by the Customer shall be paid within the period specified on the invoice for such costs or if no time is specified then within thirty days of the date of invoice.
4.4 Divisibility Clause – This contract is divisible. Each delivery or work performed made hereunder:
(i) shall be deemed to arise from a separate contract, and
(ii) shall be invoiced separately and any invoice for a delivery or work performed shall be payable in full without deduction or set off in accordance with the terms of payment provided for herein without reference to and notwithstanding any defect of default in delivery of any other instalment.

5 The Company’s Service and Maintenance Obligations
The Company shall:
Provide suitably qualified service engineers to examine, test and calibrate the equipment annually or on the agreed number of occasions as specified in the Particulars

5.1.1 Platinum Cover
(i) Make emergency visits to effect repairs or remedy faults arising out of fair wear, tear and use. The Company shall use its best efforts to respond as swiftly as possible within the agreed response time but shall not be liable for any delay in making such visit.
(ii) All parts and components will be replaced and fitted free of charge save as to the following excluded parts and components.
(a) Load cell or other transducers;
(b) Thermal print heads;
(c) Ink ribbons, paper rolls or other consumable items;
(d) Conveyor belts and bearings.

5.1.2 Gold Cover:
The company shall:
(i) Make emergency visits to effect repairs or remedy faults arising out of fair wear, tear and use. The Company shall use its best efforts to respond as swiftly as possible within the agreed response time but shall not be liable for any delay in making such visit.
(ii) Make charge for all parts and components as required at current rates.

5.1.3 Silver Cover:
The Company Shall:
(i) Make emergency visits to effect repairs or remedy faults arising out of fair wear, tear and use. The Company shall use its best efforts to respond as swiftly as possible within the agreed response time but shall not be liable for any delay in making such visit.
(ii) Make charge for all parts and components and fitting as required at current rates.

5.1.4 Bronze Cover:
The Company Shall:
(iii) Make a maximum of two emergency visits within a twelve-month period to effect faults arising out of fair wear, tear and use. The Company shall use its best efforts to respond as swiftly as possible within the agreed response time but shall not be liable for any delay in making such visit.
(iv) Make charge for all parts and components and fitting as required at current rates.

5.1.5 Test & Calibrate:
The Company shall:
Provide suitably qualified service engineers to examine, test and calibrate the equipment annually or on the agreed number of occasions as specified in the particulars.

5.1.6 ISO/IEC 17025 Calibration Certificates
(i) If specified in the Particulars, Calibration Certificates complying with the requirements of ISO/IEC 17025 shall be issued for the ‘as found’ and ‘following adjustment’ condition, unless different arrangements have been agreed previously.
(ii) Calibrations cannot proceed if, in the opinion of the Authorised Person, adverse environmental conditions prevail which may affect the validity of certification. These may include, but not being limited by, significant air movement or heat source, vibration or inadequate weighing machine support, electrical or electromagnetic interference or other magnetic effects.
(iii) It is the customer’s responsibility to ensure that the equipment is clean and free of loose material before calibration commences, additional charges will be applied if this is not the case.
(iv) It is the customer’s responsibility to provide a secure storage area for calibration weights to acclimatise to the same temperature as the equipment. This may be overnight.
(v) Equipment should be recalibrated following significant change in environmental conditions, change in position of the equipment or any service or repairs that may invalidate the calibration. A charge will be made for this.
(vi) The issue of a Calibration Certificate does not imply that the weighing equipment complies with any formal standard.

5.2 Postal Updates
The Company shall provide the necessary electronic circuit to update the postal scale referred to in the schedule whenever the postal rates are amended by the Post Office. An additional standard charge will be made for this and is conditional on the old circuit being returned.-

5.3 Visits
All visits by the Company’s service engineers will unless otherwise agreed by the Company be during the Company’s normal working hours. The Company may at its discretion agree to provide services at other times subject to the right to make an extra charge.
Service Level Agreements
(i) The Company shall use its best efforts to meet agreed service Level Agreements but time shall not be of the essence and the Company shall not be liable for any loss arising out of any delay in service provision.

5.4 Access:
The Customer shall ensure that the Company’s service engineers have unrestricted access to the Equipment when visiting and if required adequate light and power. If the engineers are unable to carry out their work because of any failure of the Customer under this clause the Company reserves the right to make an extra charge.

5.5 Exclusions:
Unless stated in ‘The Particulars’ of this Agreement,the cost of the following are expressly excluded from the Agreement
(i) Cost of Weights and Measures Approvals;
(ii) Re-Verification fees
(iii) Hire and transport of weights, craneage and transport of equipment.
(iv) Equipment that is determined by the Company to be beyond reasonable economic repair.

5.6 Additional Charge:
The Company reserves the right to make any additional charge for the cost of repairs, emergency visits and parts or components where any fault arises out of the neglect, misuse or abuse of the Equipment by any person or arising out of any event or circumstance including without limitations theft, fire, flood and subsidence.

6 Exclusion of Liability
6.1 The liability of the Company for any breach of this Agreement or of any other act or omission by the servant’s agents and any other person for whom it may be vicariously liable shall not exceed the price for the Goods under the Agreement and no liability whatsoever shall accrue for any indirect or consequential loss including (but not limited to) loss of profit howsoever arising suffered by the Customer.
6.2 Liability for death or personal injury is not hereby purported to be excluded.

7 Acceptance
The Customer shall within seven days from delivery of the Services give notice in writing to the Company of any matter or thing by reason whereof it is alleged that the Services are not in accordance with the Agreement. If the Customer shall fail to give such notice the Services shall be deemed to be in all respects in accordance with the Agreement and the Customer shall be bound to accept and pay for the Services under the terms of this Agreement.

8 Force Majeure
The Company will not be liable for any failure to perform any or all of its obligations under the Agreement arising from any inability to secure or procure at reasonable cost labour, materials or other supplies of any kind or any act of God, war, strike, lockout, or other labour dispute, fire, flood, drought, equipment failure, legislation, order or public authority or any other cause whatsoever beyond its control.

9 Default
9.1 If the Customer fails to pay any sum when due under this or any other agreement between the Customer and the Company or if any event mentioned under sub-clause 9.2 occurs then the Company can at its discretion:
(i) Treat this and any other agreement between the parties as having been repudiated and recover the damages accordingly.
(ii) Suspend further performance until all sums owing to the Company by the Customer under any agreement have been paid.
(iii) Withhold further performance under this or any other agreement until it has received payment in advance of all monies to become payable thereunder.
(iv) Suspend any or all credit granted to the Customer on any account.

9.2 Without prejudice to any other rights under this Agreement or otherwise, the Company may terminate forthwith this or any other agreement with the Customer if:
(i) The Customer is in breech of any term of this agreement or any other subsisting agreement with the Company.
(ii) Any distress, execution or other legal process is levied upon the Customer’s property or assets or if the Customer makes or commits any acts of bankruptcy or if any petition or receiving order is presented or made against him or if any resolution or petition to wind up a corporate customer whether voluntary or compulsory other than for amalgamation or reconstruction in a state of insolvency is presented or if a receiver of the Customers undertaking property and assets or any part thereof is appointed or the Company has reasonable grounds for believing that the customer will fail to discharge its obligations to the Company when due.
9.3 If the Company terminates the agreement under 9.2 all sums become payable to the Company and all loss whatsoever arising out of the termination of the Agreement shall become immediately due and payable.

10 Severability
If and to the extent that any provision of the Agreement (including these terms and conditions) if wholly or partly illegal, void or unenforceable then such provision of offending part thereof shall be severable from the remaining provisions which shall remain in force and effect.

11 Cancellation
Cancellation of the Agreement is subject to the notice period in clause 3. An Agreement can only be cancelled during its term through application in writing by the Customer to the Company. Service contracts cancelled by the Customer do not carry entitlement to refunds in full or in part of the original contract value.

Stevens Traceability Systems Limited, registered in England No:- 10506149 – Vat Registration No:- 256 6427 83
Stevens Traceability Service Limited, registered in England No:- 10557206 – Vat Registration No:- 259 9785 24.
Greenbank Technology Park, Challenge Way, Blackburn, Lancashire BB1 5QB, Tel: 01254 685200 Fax: 01254 685202
Website: www.stevenstraceability.com / Email: info@stevenstraceability.com