In the following terms and conditions unless the context otherwise requires: “we” “us” means Pure-PAT. “you” “user” means you the customer or any person who makes use of use of the services through you or on your behalf. “services” means portable appliance testing and any other facility or service provided by Pure PAT to you. All users of services provided by Pure-PAT, by use of such services, accept the terms and conditions which follow, irrespective of the mode or manner of ordering employed by the user when ordering the services.
1. General
1.1. Quotes provided by Pure-PAT, are based upon location, access and quantities submitted by yourselves and are valid for a period of 30 days. We reserve the right to amend our quotation if the location, access or quantities are different.
1.2. We can accept no responsibility for damage to any electrical appliances unless it can be demonstrated that the failure
was caused by our neglect.
1.3. We can accept no responsibility for any loss of electronic data. The customer is responsible for ensuring data is
adequately backed-up.
1.4. The customer will ensure that all equipment to be tested is made readily accessible to the Pure-PAT Technician, whilst
we are onsite. Any subsequent visits will be quoted and invoiced separately.
1.5. BS1363 plugs will be changed at the price agreed and fuses will be replaced free of charge. All other minor repairs will
be at the discretion of the Pure-PAT technician.
1.6. Any items that fail the testing process, will be labelled and a report of failed appliances will be provided on the
completion of the testing. The customer is responsible for ensuring any failed equipment is withdrawn from use.
1.7. The test results and certificate will be forwarded on receipt of payment of the invoice.
1.8. Class 1 detachable mains leads, such as IEC leads, will be treated as separate appliances in accordance with current
regulations.
1.9. We do not flash test any equipment unless specifically requested to do so. Flash testing may damage the electrical
equipment under test as well as any associated equipment attached. We can accept no responsibility for damage caused
by flash testing.
1.10. The customer is responsible for informing the Pure-PAT technician of any equipment that cannot be disconnected from
the mains supply or requires special handling precautions.
1.11. Free retests of failed items only qualify whilst Pure-PAT are onsite performing normal testing duties and excludes any
extra visits.
1.12. The customer is responsible for ensuring that all items have been tested whilst Pure-PAT are on site. Any subsequent
visits will be quoted and invoiced separately.
1.13. It is the customers responsibility to ultimately ensure that appliances/equipment are left in the required on/off state.
1.14. The customer is responsible for ensuring the Pure-PAT Technician has access to the site and equipment to be tested and
any wasted visits charged so accordingly.
2. Payments and Charges
2.1. All charges payable by you for the services shall be in accordance with the scale of charges and rates published from time to time by us on our website, leaflets or information sheets. We reserve the right to change pricing at any time.
2.2. Our invoices (if credit is allowed) shall be paid in full not later than 30 days from the date of invoice without any discount, set-off or other deduction whatsoever.
2.3. All payments must be in GBP (Sterling).
2.4. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of £25.
2.5. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before
the due date, we shall be entitled forthwith to suspend or remove the provision of services, including the issuing of test
certificates and test data.
2.6. Pure-PAT reserves the right to take legal action regarding outstanding payments.
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2.7. Pure-PAT shall be entitled to interest on any overdue amount from the date on which payment is due to that on which it is made (whether before or after judgment) on a daily basis at the rate of 5 percent over the base rate from time to time quoted by Barclays Bank Plc.
2.8. Pure-PAT reserve the right to issue test results and certificates only on receipt of full payment.
3. Cancellation of Orders
3.1. Orders for services provided by Pure-PAT may be cancelled by the customer only on their written request and with our
written agreement. Under these circumstances a charge of 15% of the value of the order will be invoiced to the customer. Late cancellation may be charged extra costs as incurred by us.
4. Indemnity
4.1. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of services by us to you and your use of the services, including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this agreement.
5. Limitation of Liability
5.1. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of services shall be limited to the charges paid by you in respect of these services which are the subject of any such claim.
5.2. In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
5.3. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other
indirect or consequential or economic loss whatsoever.
5.4. All conditions, terms, representations and warranties relating to the services supplied under this agreement, whether
imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub-clause
5.5. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
5.6. We shall take reasonable measures to endeavour to maintain our services, but you will not be eligible for any compensation because of any loss or availability of any services we provide. We reserve the right to change any services at any time.
5.7. We shall not be held responsible or accountable in any way for any loss however caused resulting from any suspension or unavailability of any of our services.
5.8. We intend to use our best endeavours to comply with any date or dates for commencement/completion of testing stated but unless any contract expressly otherwise provides, time shall not be of the essence of the contract and such date or dates shall constitute only statements of expectation and shall not be binding.
6. Termination
6.1. If payment is not received by Pure-PAT for any of our services, or you break these terms and conditions in any way we may suspend the services and/or terminate this agreement forthwith without notice to you
6.2. You may cancel our services at any time, you are not entitled to a refund for any services provided by us.
6.3. We reserve the right to suspend, change the services and/or terminate this agreement at any time.
6.4. If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or
administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend and/or terminate this agreement forthwith without notice to you.
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7. Matters beyond Pure-PAT’s reasonable control
7.1. Pure-PAT is not liable for any breach of this contract or liable for any delay or failure in performance of any part of these conditions and its commitments when caused as a result of Force Majeure, War, Civil Disorder, Industrial disputes, inclement weather, acts of local or central government or other competent authorities, and failure by other service providers.
8. Law
8.1. This agreement shall be governed by and construed in accordance with English law and you hereby submit to the non- exclusive jurisdiction of the English courts.
9. Headings
9.1. Headings are included in this agreement for convenience only and shall not affect the construction or interpretation of this agreement.
10. EntireAgreement
10.1. These terms and conditions together with any documents expressly referred to in them, represent the totality of the agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral between us in relation to such matters. No oral explanation or information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this agreement. Any agreed variation or alteration to part of these terms and conditions as annexed to this contract will not invalidate the remainder of the whole. This agreement need not be signed. Purchase of any of our services is interpreted and deemed as your acceptance of our terms and conditions herein. Pure-PAT reserve the right to make any changes to our terms and conditions at any time, it is the responsibility of you the user to keep updated. Your statutory rights are not affected.
