6. The contract runs for an initial fixed period of 1 year (the “Initial Period”) and continues under this Agreement from year to year until terminated by either Tecserv or the Subscriber on no less than 3 months’ prior written notice to the other to expire at the end of the then current year.
6.1.1 Cancellation of the services by the subscriber within the “initial period” may incur a 7.5% charge of the remaining contract value.
7. All maintenance agreements are payable in advance; monitoring must be paid for annually in advance. At the discretion of the company, extinguisher testing maybe subject to post pay where exact quantities are unknown. All prices exclude consumables unless otherwise stated.
Bronze We charge an attendance fee, a price to service each extinguisher, a charge to supply/fit any parts and a charge for any replacement extinguisher required.
Silver; We charge an attendance fee, a charge for any replacement extinguishers required and a fixed fee to service each extinguisher, which includes for any parts required to maintain the equipment to current British standards.
Gold; all inclusive – We charge an attendance fee and a fixed price to service each extinguisher, which also includes for replacing any unserviceable extinguishers.
8. The company shall be entitled to increase the Charges as from each anniversary of the date of this Agreement. However in all instances, a minimum invoice value of £50 is applicable.
9. If the Subscriber fails to pay any amount payable by it under this Agreement, the company shall be entitled, but not obliged, to charge the Subscriber interest on the overdue amount, payable by the Subscriber forthwith on demand, from the due date up to the date of actual payment, after, as well as before judgment, at the rate of 6% per annum above the base rate of the Bank of England. Such interest shall accrue on a daily basis and be compounded quarterly. The company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
10. The cost of any reinstatement or redecoration made necessary by the installation, inspection, testing, adjustment, alteration or removal of the apparatus shall be paid by the Subscriber.
11. This condition 11 sets out the entire financial liability of the company (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Subscriber in respect of any breach of this Agreement.
12. The company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance of its obligation under this Agreement shall be limited to the amount recoverable from the company’s insurers. The company warrants that it has public liability insurance in the sum of £5,000,000. The company will on reasonable written request from the Subscriber provide a copy of the certificate of insurance to the Subscriber.
13. The company may at any time assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of its rights under this Agreement and may subcontract or delegate in any manner any or all of its obligations under this Agreement to any third party or agent.
13.1 Any and all parts supplied remain the sole property of the company until full payment is received.
13.2 This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this Agreement or its subject matter or formation (including non-contractual disputes or claims).
