1         General

1.1      We only inspect, service, sell and/or supply fire extinguishers and fire protection equipment on these conditions. These conditions apply to this, and (subject to 1.3) any future dealings and, in the case of conflict shall override any terms or conditions imposed by you and which can only be varied by writing signed by our Company Secretary.

1.2      These terms and conditions supersede any terms and conditions previously imposed by ourselves relating to the inspection, servicing, sale and/or supply of fire extinguishers and fire protection equipment unless they are endorsed as “Anderstore’s Standard Terms & Conditions of Trading” and dated later than the date appearing above.

1.3      These terms and conditions are subject to change. Changes will appear in duly issued Terms and Conditions endorsed as “Anderstore’s Standard Terms & Conditions of Trading” and dated later than the date appearing above. The current version of our terms and conditions may be obtained on our World Wide Web site, or upon request from Head Office at the details given in clause 14.10 below.

2         Definitions

In these conditions, unless the context requires otherwise:

2.1      “Company” means Anderstore Ltd and/or any subsidiaries and/or trading divisions of the supplier by which work is to be done or goods supplied.

2.2      “Customer” means the company, firm, person or organisation by whom or on whose behalf an order form has been signed, or instructions given by any means for work to be done or goods supplied.

2.3      “Work” means any work to be done by the Company whether by way of inspection, servicing, repairs, or otherwise.

2.4      “Goods” means all goods, fire protection equipment, parts or other items to be sold by the Company to the Customer whether or not supplied in conjunction with work to be done by the Company.

2.5      “Servicing of equipment” means the inspection and servicing of portable fire fighting equipment in accordance with the current British Standard and the supply at additional cost of any service items that the Service may require. Such items may include (but are not limited to) charges, test-discharges, refills, refurbishments, consumables and/or components.

2.6      “Servicing of a site” means the servicing of the equipment at that site as set out in clause 2.5 and the supply at additional cost of any portable fire fighting equipment that may be required at that site to ensure compliance with the current British Standard and other Legislation as may be applicable.

2.7      “Service agreement” means an instruction given by any means by the Customer for the Company to regularly undertake the servicing of the Customer’s site(s) as set out in clause 2.6.

3         Servicing

3.1      The Company shall decide the methods employed in servicing as set out in Clauses 2.5, 2.6 and 2.7.

3.2      The Company will cause a Maintenance Record Label, indicating the date of inspection and servicing, to be affixed to each extinguisher.

3.3      Provided that the Customer is notified orally and/or the Engineer’s Report is so endorsed, inability to service, for whatever reason, in the following circumstances shall not be a defective performance of the obligation to service:

3.3.1     The Service Engineer is unable to gain access to the Customer’s site or equipment thereon.

3.3.2     The Service Engineer is unable to leave the Equipment in proper working order.

3.3.3     The Service Engineer is unable to supply any portable fire fighting equipment that may be required at that site.

3.4      Where the Company has condemned an extinguisher, i.e. found it to be potentially hazardous, the Engineer’s Report will be so endorsed and the extinguisher either suitably marked or disposed of, at the Company’s option. The Company may charge the Customer for such disposal as set out in clause 5.4.4.

3.5      Where the Customer’s extinguishers require any refurbishing and/or refilling which cannot be performed on site, the Company may at it’s option:

3.5.1     Supply an exchange unit(s) to continue the Customer’s level of protection, or

3.5.2     Take the unit(s) away and return at the Company’s option either the original or an exchange unit suitably refilled/refurbished. In this case:

3.5.2.1     It is the Customer’s responsibility to ensure that there are an adequate number of spare extinguishers on site so that any extinguishers that are removed are replaced immediately.

3.5.2.2     The Company may, at it’s option, additionally charge for any return visits to the Customer’s site as set out in clauses  5.4.1 or 5.4.8, whichever is the greater.

3.6      Unless agreed otherwise in writing by the Company no later than 13 weeks prior to the anticipated date of service, such service will be conducted without notice within normal working hours at a time decided by the Company.

3.7      The Customer will place every reasonable facility at the disposal of the Company’s employees for the purpose of carrying out their duties in particular to assist them by locating and leaving readily available at the same premises all the Equipment to be serviced for one service fee.

3.8      In the event that the Service Engineer is unable to gain access to the Customer’s site, the Company will request access from the Customer in writing. The Company reserves the right to charge the Customer for the service-access request letter as set out in clause 5.4.10 and for the wasted/refused service visit as set out in clauses 5.4.1 or 5.4.7, whichever is the greater.

4         Service Agreement

4.1      A service agreement will be deemed to exist where the Company or any subsidiary or any other business whose goodwill has been acquired by the Company has on at least two prior occasions automatically performed regular services at the Customer’s site(s).

4.2      Where a service agreement exists between the Customer and the Company:

4.2.1     The site-services will be carried out automatically by the Company at the rates set out in Clauses 4.2.1.1 – 4.2.1.3 below with the dates of service being calculated from the previous service date and subject to variance. The rate at which services are performed, i.e. the number of services per year, is as follows:

4.2.1.1     Where a written service agreement exists, the rate will be taken from it if specified on that agreement.

4.2.1.2     Where the Company has for a reasonable period of time automatically performed regular site-services for the Customer, the prevailing rate will apply.

4.2.1.3     One service per year in all other cases.

4.2.2     The equipment shall be serviced only by the Company’s authorised employees and if attended by any other persons than the Customer and his staff, the Company reserves the right to terminate this Agreement forthwith, but without prejudice to the rights of either party in connection with any prior breach of the Agreement.

4.2.3     Either party may, at any time, cancel the Agreement by giving 13 weeks written notice. Any such notice sent to the Company must be sent on headed paper by recorded delivery or any other means that provide both proof of your identity and proof of delivery to us. Where a minimum service agreement period still remains in force, the Customer will be levied an additional charge as set out in the written service agreement (where one exists) or clause 5.4.15 below, whichever is the greater.

4.2.4     In all cases, where notice of cancellation is not given as in clause 4.2.3 above, all services that would otherwise fall due within the required notice period will be treated as a refused service(s) and charged accordingly as set out in clause 3.8 above.

5         Prices

5.1      The following apply to all prices whether quoted or forming part of a contract:

5.1.1     All prices are exclusive of VAT and postage & packing or any other delivery charges.

5.1.2     Unless otherwise specifically agreed by the Company in writing, the price of work and/or goods shall be that stated in the Company’s price list applicable to the work and/or goods. Any given price or rate is available from the Company on request by the Customer.

5.1.3     The Company reserves the right to add to any prices a credit charge. Such a credit charge will not exceed 20% of the price or £5.00, whichever is the greater, and is only payable in the event that the Customer breaches any payment terms relating to any contract between the Company and the Customer.

5.1.4     The Company reserves the right to vary the price of work and/or goods without notice to take account of any variation in the cost of living (as defined by the Cost of Living Index), materials, labour, transport, duties, taxes, exchange rates or any costs of whatsoever nature between the date of any contract and the corresponding date of delivery or completion of payment.

5.1.5     Any totals calculated by us in connection with our prices are offered in good faith but shall be deemed not to constitute representations. In the event that these are miscalculated our prices shall be taken from the unit prices and quantities only.

5.2      Service Fees

5.2.1     Service fees do not include any of the additional costs that may be incurred during a service as set out in clause 2.5 and 2.6.

5.2.2     Service fees do not include the cost of preparing a service certificate. Such a certificate where requested by the Customer may be supplied at additional cost as set out in clause 5.4.9.

5.2.3     The service fee for any given site and equipment on that site is subject to change in accordance with changes to that site or it’s equipment.

5.2.4     Where a service agreement exists but no service fee is explicitly stated the service fee is the prevailing rate where the Company has for a reasonable period of time automatically performed regular site-services for the Customer. In all other cases, the service fee is as set out in clause 5.4.6.

5.2.5     The prices on the Engineer’s Report, unless otherwise specifically agreed by the Company in writing, exclude the service fee as set out in Clause 5.2.4. The Customer is advised to seek current prices from the Company.

5.2.6     Where a service agreement exists, the Company shall have the right to raise the amount of the service fee in accordance with clause 5.1.4 above.

5.2.7     Any service fee in a service agreement relates to the regular servicing of the Customer’s site only. Unscheduled call-outs may be charged at additional cost as set out in clauses 5.4.1 or 5.4.8, whichever is the greater.

5.3      Quotations

5.3.1     Any prices quoted remain valid for thirty days only unless otherwise specifically agreed by the Company in writing.

5.3.2     Our quotations are without commitment and an order is not binding on us unless (expressly or impliedly) we accept it and any action by us pursuant to the order shall be taken as our acceptance of it on these conditions.

5.4      The Company particularly draws the Customer’s attention to the following selection of the prices taken from the Company’s standard price list which were correct at time of printing. This list is not exhaustive, and the items are subject to change, therefore the Customer is advised to seek current prices from the Company. These prices are also subject to the clauses above.

5.4.1     Miscellaneous Engineer Labour/Time - £35.00/hour

5.4.2     Miscellaneous Office Staff Time - £28.00/hour

5.4.3     Miscellaneous management time - £75.00/hour

5.4.4     Disposal of Extinguisher (esp. when Condemned) - £5.50

5.4.5     Re-Stocking Charge (per item) – 40% of the original price of the item or £40.00, whichever is the greater

5.4.6     Default Service Fee - £4/extinguisher +£4/fire-blanket +£6/hose-reel, subject to a minimum of £50.

5.4.7     Refused/Wasted Service Charge - £50.00

5.4.8     Unscheduled/Return Call-Out (exc. service fee) - £50.00

5.4.9     Service Certificate Preparation - £5.50

5.4.10  Request for Service-Access Letter - £12.00

5.4.11  Sending of Copy Document - £4.00

5.4.12  Debt Collection Statement/Letter - £12.00

5.4.13  Debt Collection Phone Call - £8.00

5.4.14  Court Summons/Document Preparation Fee - £48.00

5.4.15  Minimum Service Agreement Period Breach – 50% of the total service fee chargeable for the services that would otherwise have fallen due within the remaining minimum service agreement period.

6         Payment

6.1      Unless agreed otherwise in writing by the Company our terms of payment are that each invoice is payable within thirty days of the date of invoice.

6.2      No discount or allowance will be made unless otherwise specifically agreed by the Company in writing.

6.3      Time for making payment shall be of the essence of the contract.

6.4      The Customer must inform the Company of the Account Reference to which payments relate. The account reference, issued by the Company and appearing on every invoice and statement, may be passed on, for example, by returning the Company’s remittance advices, writing it on the back of the cheque or sending a so noted BACS remittance advice.

7         Performance

Any work and/or goods supplied by us are not supplied on approval.

8         Title and Risk

8.1      Title to any goods supplied by us remains vested in us until the purchase price and all other monies owing by the Customer (whether or not due) are paid in full.

8.2      Pending title passing such goods shall be insured to their full value by you and in all respects held by you as bailee for us. We shall be entitled at any time to inspect and/or to repossess our goods and you will allow and procure for us any necessary access therefore. You shall while the goods remain our property not dispose or permit disposal of them.

8.3      If by repossessing our goods as set out in clause 8.2 any equipment ceases to be in proper working order the Customer will be notified orally and the Maintenance Record Label affixed to the equipment endorsed to that effect. This shall not be a defective performance of any obligation to service.

8.4      Where title in such goods has not passed we may nevertheless maintain an action against you for the purchase price and all other monies owing by you in relation to the goods notwithstanding Section 49 Sale of Goods Act 1979.

8.5      The risk of any loss, deterioration or damage shall nevertheless pass to you from the time of service except to such extent (if any) as we may have the benefit of insurance against such risk.

9         Claims & Complaints Procedure

9.1      At the time of sale or delivery you will satisfy yourself that the work and/or goods comply with the contract and will inspect them for apparent deficiencies, defects and damage. You will thereupon sign and endorse on the delivery document a note of any deficiency, defects or damage found. Such note duly signed shall be conclusive evidence against you that the work and/or goods are correct and free from apparent deficiencies, defects and damage except as so endorsed and (in the case of consumer customers) except as to matters constituting any breach of a statutory implied term. If you refuse or neglect to sign such note, it will be deemed to have been signed without endorsement.

9.2      Without prejudice to 8.5 and 9.1 above, any claim that any work and/or goods do not comply with the contract must be made in writing to the Company within fourteen days of the invoice date in accordance with the Company’s Complaints Procedure (a copy of which is available upon request) with which you agree, agreeing in particular to:

9.2.1     send precise written details of any such claim to the Company (utilising the appropriate documentation where so required by the Company);

9.2.2     complete and return any documentation requested by the Company within fourteen days of the request having been made;

9.2.3     send all documentation to us by recorded delivery or any other means that provide proof of delivery to us;

9.2.4     not rely upon any information provided to you by third parties (for example the Fire Brigade, health & safety inspectors or our competitors) unless that information is formally provided to you in writing and a full unaltered copy sent to us;

9.2.5     use your best endeavours to assist the Company in investigating and resolving the claim;

9.2.6     pay for any and all reasonable:

9.2.6.1     time spent by the Company in investigating the claim at the rates set out in clause 5 above;

9.2.6.2     other costs incurred by the Company; and

9.2.6.3     third party charges (including third party inspections)

in investigating any such claim in the event the Company reasonably believes it cannot be proven; and

9.2.7     upon request, pay in advance and within fourteen days of the Company’s request the Company’s reasonable estimate of investigation costs as set out in 9.2.6 above. Such sums will be refunded in the event the Company reasonably believes the claim to be proven.

10         Specifications

10.1   Except where we specifically agree otherwise in writing, the selection and choice of our goods and (except as to compliance with specific technical specifications contained in our current literature) the assessment of our goods’ suitability and fitness for your purpose is your sole responsibility.

10.2   Any specifications, formulations, data, literature and statements as to content, suitability, performance or otherwise, issued, and descriptions and samples given, by us in connection with our goods are offered in good faith but are intended to be approximate only and shall be deemed not to constitute representations.

10.3   Goods are supplied on condition that they should only be used in connection with the relevant risk set out on our written instruction thereon.

10.4   Pursuant to our policy of continuous improvements, we reserve the right without notice and without affecting the validity of the Agreement, to make such changes to materials, dimensions and design as we think reasonable or desirable.

10.5   The copyright and all patent and other industrial property rights in our design, data sheets, packaging and literature shall remain our property and no licence thereunder (except as to the use for which our goods are supplied) shall be implied.

10.6   You shall not at any time alter or deface our name or any of our trademarks or juxtapose with them any other mark likely to cause confusion either on or in connection with any services or any goods other than goods in the form supplied by us or as, or as part of, any name or trading style.

11         Warranties

11.1   We hereby agree, (subject to satisfaction of the conditions in 11.2 below) to make good, free of charge, by replacement or repair (at our election) any defects which we shall find upon examination to be due to faulty materials, workmanship or design which may appear in our goods within 1 year of the date of despatch from our factory and in addition that where the item purchased:

11.1.1  is confirmed in writing by us to be covered by one of our extended warranties; and

11.1.2  where applicable, relates to, or is itself, equipment that is at all times covered by a current service agreement with us to our recommendations.

Then we shall make good by replacement or repair any defects which are due to faulty materials, workmanship or design which may appear in the item within the period specified by us of the date of despatch from our factory.

11.2   The said conditions (each of which must be fulfilled before any warranty claim shall arise) are:

11.2.1  that the claim is not attributable to fair wear and tear or any fault or damage arising from impact, modification, inappropriate use or treatment, incorrect handling or exposure to corrosive conditions (e.g. subject to acid or alkaline atmospheres) or the goods being kept or installed other than under normal conditions (e.g. exposed to frost, detrimental weather or wind);

11.2.2  That the goods must not be or have been recharged, repaired or serviced by any other than a qualified person for the time being employed by us;

11.2.3  that our instructions as to the use of the goods have been strictly complied with;

11.2.4  that the claim is made by you as our original customer for your benefit;

11.2.5  that the claim is notified, in detail, in writing to us within 30 days of the date of discovery thereof.

12         Limitation of Liability and Indemnity

12.1   Provided that this clause shall not apply in respect of any liability of the Company for death or personal injury resulting from the negligence of the Company or it’s servants or agents, the Company shall not be liable for any loss, injury or damage of whatever nature (including consequential loss) howsoever caused which may arise as a result of the equipment not being in proper working order:

12.1.1  due to the circumstances set out in clause 3.3 or

12.1.2  through the repossession of our goods in the circumstances set out in clause 8.3 or

12.1.3  through a failure by the Company, in circumstances outside it’s control, to service any equipment or to supply any replacements required.

12.2   The liability of the Company of whatsoever nature (including liability of consequential loss), in respect of defective performance of the obligation to service the Equipment (not including goods supplied thereunder) is limited to carrying out a further service at no cost or expense to the Customer at such time as the Customer may reasonably request, and all express or implied conditions warranties or other terms statutory or otherwise, inconsistent herewith are expressly excluded, provided that this clause shall not apply to liability of the Company for death or personal injury resulting from the negligence of the Company or it’s servants or agents.

12.3   The warranties contained in clause 11 above are given expressly in lieu of and exclude (to the fullest extent permitted by law) all other representations, conditions, guarantees or warranties express or implied. Our liability for loss or damage whether direct or consequential (other than as provided in such warranties) is hereby excluded to the fullest extent possible.

12.4   Except where specifically otherwise agreed in writing, we offer no (and shall have no liability under any) warranty or condition (express or implied) in respect of goods, materials or services of our suppliers or sub-contractors but we will if requested by you (and if we consider it appropriate and practical to do so) assist you to obtain the benefit of such warranties as are available from them in favour of first users of goods or services.

12.5   You shall indemnify us and our employees and agents against all third party claims relating in any way to goods supplied by us or arising from breach of or negligence in connection with the Agreement.

13         Breach of Contract

13.1   In the event that the Customer breaches a Service Agreement or any contract between the Customer and the Company:

13.1.1  The Company reserves the right to forthwith terminate without further notice all rights of the Customer and liabilities of the Company under any service agreement or other contract that may exist between the Company and the Customer.

13.1.2  Where applicable, the Company shall be entitled to charge the Customer for any time wasted by the Service Engineer at the rates set out in clauses 5.4.1 and/or 5.4.7 above. In particular, the Company shall be entitled to charge for time wasted by the Service Engineer through a breach by the Customer, for whatever reason, of clauses 3.6 and/or 3.7.

13.1.3  The Company shall be entitled to recover any credit charges as set out in Clause 5.1.3 above.

13.1.4  All monies owing by the Customer shall become immediately due.

13.1.5  The Company shall be entitled to recover any sums accrued and due.

13.1.6  Interest will be charged on all sums due under or by way of damages for any breach of contract at the rate of 3% per annum above the base rate of National Westminster Bank PLC from time to time in force and shall be calculated and accrued on a day to day basis from the date on which payment fell due until payment (whether made before or after judgement has been obtained by the Company against the Customer).

13.1.7  The Company shall be entitled to charge the Customer at the rates set out in clauses 5.4.11 – 5.4.14 and/or 5.4.2 above for any administration involved in collecting any sums that are or have become due. The Company shall decide the methods employed in collecting such sums.

13.1.8  The Company shall be entitled to change the Customer’s credit terms without notice.

14         Miscellaneous

14.1   You may not assign the Agreement or any rights thereunder without prior written consent.

14.2   These conditions shall be interpreted without reference to their headings.

14.3   The Agreement shall be governed by English law, and you shall submit to the non-exclusive jurisdiction of the English courts.

14.4   Any provision of these conditions held by a court of law to be invalid shall be severable and shall be deemed to be omitted from these conditions and any liability which would otherwise have been excluded or limited shall nevertheless be subject to the remaining provisions of these conditions.

14.5   The provisions of these conditions shall remain in full force and effect notwithstanding that the parties’ obligations under the Agreement may have been performed or discharged.

14.6   Where applicable any reference to the current British Standard in these conditions shall apply to any successive European Standard.

14.7   Any reference to the singular relates, where applicable to the plural and vice versa.

14.8   All dealings the Company and/or it’s staff including (but not limited to) written correspondence, e-mails and conversations, may be documented, recorded and/or monitored. The company may use such documentation and/or recordings for purposes including (but not limited to) staff training, quality control and for evidentiary presentation.

14.9   We may, from time to time, send you information regarding our goods and/or services that we feels may be of interest to you. You may request in writing that we do not send such information at the details given in 14.10 below.

14.10 All correspondence may be addressed to Anderstore Ltd whose registered office is 71 Harehills Road, Harehills, Leeds, LS8 5HS. Tel: 0845 3000 440. Fax: 0845 3000 441. E-mail: mail@anderstore.com. World-Wide-Web site anderstore.com. Company registration number: 02998025. VAT registration number: 664 8283 02.