Dover Street, London W1

Domino General Terms and Conditions

 

1                   Terms and Conditions

These Terms and conditions shall apply to the provision of services and/or supply of goods by Domino Building Services Limited (registered number 2543434) whose registered office is situated at Solution Point, Farnham, Surrey, GU9 9PZ.  

2                  Consumer Rights

Nothing in these Terms and Conditions shall affect the customer’s statutory rights as a consumer.

3                  Definitions

In this agreement the following expressions shall have the following meanings:-

3.1                 ‘Additional work’ means any work carried out on or in connection with the Equipment in addition to Planned Preventative Maintenance (PPM) work’

3.2                 PPM Means Planned Preventative Maintenance works.

3.3                 ‘Call out’ means an unplanned event requiring rapid response.

3.4                 ‘Company’ means Domino Building Services Limited.

3.5                 ‘Equipment’ means all plant or equipment to which the PPM applies

3.6                 ‘The Customer’ means the person or organisation identified as such in an agreement

3.7                  ‘Standard Maintenance Charge’ means the charge for providing maintenance Services at the address noted above.

3.8                 ‘Services’ means the PPM and the Additional Work

3.9                 ‘Agreement’ means any works agreement between the customer and Domino Building Services Ltd.

3.10               ‘Premises’ means the properties owned, leased or managed by the Customer

3.11               ‘Systems’ means those peripheral items required to ensure the correct operation of Equipment including interconnecting wiring, pipe work, controls etc.

3.12               ‘Quotation’ means a written indication of the price to deliver a service or supply goods.

4                    The Services

4.1                 The Company shall commence the Services on the Equipment as agreed and in accordance with Industry (CIBSE) guidelines. Where there are any variations the Company shall agree with any changes with the Customer.

4.2                 The Company shall, during the Company’s normal working hours, attend at the request of the Customer to carry out necessary Additional Work.

4.3                 The Company shall, carry out Additional Work but where parts and materials are required does not warrant their availability.

4.4                 The Company shall employ in connection with the Services only persons who are suitably experienced, skilled and qualified and shall supply to the Customer a list of persons so employed on execution of this agreement.

4.5                 All Services shall be provided in accordance with CIBSE guidelines, current best practice, and manufacturer’s instructions and shall conform to such specifications and applicable British or European Standards.

4.6                 The Company shall ensure that all persons employed in connection with the Services have permission to work in the United Kingdom and do not work in breach of any conditions of remaining in the United Kingdom.

4.7                 The Company shall ensure that all persons employed in connection with the Services behave in a responsible and professional manner and will exclude from the Premises any person who does not behave in such manner if so required by the Customer.

4.8                 Quotations issued for works will be valid for 30 days after which time we reserve the right to amend our price.

4.9                 In extreme circumstances the Company reserve the right to withdraw a quotation at any time.

4.10               If, due to circumstances beyond its control, the Company has to make any changes in the services or the arrangements relating to the provision thereof, it shall notify the Customer immediately.  The Company shall endeavour to keep any such changes to a minimum and shall look to offer the Customer arrangements as close to the original as is reasonably possible in the circumstances.

4.11               If the Customer wishes to vary any details of the services it must notify the Company in writing as soon as possible.  The company shall endeavour to make any required changes and additional costs will be invoiced to the Customer.

4.12               Whilst every effort will be made to ensure that all relevant information is captured prior to the issuance of a quotation there may be occasion when an unforeseen circumstance or event occurs that will require an amendment to the quotation.

5                    Safety and Security

5.1                 The Customer being responsible for the Equipment, systems and for users of the Premises, will comply with the provisions of the Health and Safety at Work Act 1974 in addition to any further relevant statutory regulations and will ensure safe access to the Equipment.

5.2                 The Company shall ensure that its employees employed in connection with the Services take all due care for their safety while on the Premises and comply with all Statutory Provisions relating to safety, health and welfare of persons in particular to Health and Safety at Work Act 1974 and in accordance with the Company’s internal policies. Copies are available upon request.

5.3                 The Company shall be free to isolate electrical supplies and to start and stop any Equipment incidental to the operation of the systems as may become necessary from time to time in order to ensure safe working. Wherever possible or appropriate, this would be arranged in advance with the Customer.

5.4                 The Company shall obey all reasonable safety rules and instructions of which it has received written notice of from the Customer and which are in force at the Premises. The Company shall comply with all reasonable security regulations required by the Customer within the Premises.

5.5                 The foregoing prohibition shall not prevent the Customer at any time from running recruitment advertising campaigns nor from offering employment to any of the Company’s partners, directors or employees who may respond to any such campaign.”

Neither the Customer nor the Company shall solicit any employee of the other during the period of this agreement (unless TUPE is applicable) or within one year beyond its termination, unless otherwise expressly agreed by the Company and the Customer.

5.6                 The Company shall not, under the PPM, be required to perform statutory safety tests {apart from where specifically noted on the site asset schedules}. Any requirement to install new attachments, additional controls or Equipment as recommended or directed by any Insurance Company, Laboratory or Government Authority, or to make such replacements mentioned herein with parts or devices of a different design for whatever reason will constitute Additional Works.

5.7                 The Company shall, where agreed, carry out Statutory Water Hygiene Tests in accordance with current Health and Safety Executives Approved Code Of Practice Publication “Legionnaires’ disease: the control of legionella bacteria in water systems (L8) Guidelines, or current equivalent.

6                    The Charges

6.1                 For maintenance agreements the Standard Maintenance Charge will be agreed prior to contract commencement and Invoiced Quarterly in advance unless otherwise agreed.

6.2                 For additional works a quotation will be issued and the works will commence at an agreed time upon receipt of an instruction.  Payment dates will be agreed according to the nature of the works.

6.3                 Unless otherwise agreed payments are due 30 days from the date of our invoice.

6.4                 Where appropriate a deposit may be requested prior to the commencement of works.

6.5                 Interim or phased payments may be requested if appropriate.

6.6                 Callouts during normal working hours will be subject to a 3 hour minimum charge at the appropriate rate.

6.7                 Callouts outside of normal working hours will be subject to a 4 hour minimum charge at the appropriate rate.

7                    Payment

7.1                 The Standard Maintenance Charge shall be payable in advance at an agreed frequency. The Company will raise an invoice for the PPM 30 days before the month in which the PPM will be performed. The Customer will pay all sums within 30 days of the invoice issue date.

7.2                 Spare parts, materials and sub-contractor work which are provided for the Customer shall be invoiced immediately upon supply to the Customer and shall be paid for by the Customer within 30 days of the Company rendering an invoice. Deviations to these payments would be subject to agreement between the Company and the Customer upon acceptance of the quotation by the Customer and acceptance of the Customer’s written order.

7.3                 The Customer shall pay the Company charges in respect of any Additional Work carried out by the Company on the Customers’ request, within 30 days of the Company rendering an invoice.

7.4                 Materials and equipment shall remain the property of the Company until payment has been made by the Customer.

7.5                 In the event that payment is not made in accordance with the agreed terms either in full or otherwise, then the whole of the account due shall become payable and be payable forthwith.  Furthermore, in the event of late or non-payment in accordance with these terms and conditions (or any other terms so agreed in writing), Domino Building Services Ltd reserve the right to rely on the Late Payment of Commercial Debts (Interest) Act 1998 and charge, at a daily rate until payment, interest upon the debt then due. This interest rate shall be at the rate prevailing at the date of default (at the current rate above the prevailing Bank of England base rate) together with the late payment charges set out in the Act, until payment or sooner settlement.

8                    Warranty by the Company

8.1                 The Company warrants that it will perform the Services with reasonable skill and care.

8.2                 The Company, in accordance with 7.4 above, warrants that the Customer shall have free and unencumbered title and enjoy quiet possession of any parts or materials supplied under this agreement and those parts or materials shall be of satisfactory quality and reasonably fit for their purpose.

8.3                 The Company does not give any warranty in regard to the performance of the Equipment and subject to the foregoing; all conditions warranties, terms and undertakings express or implied statutory or otherwise in respect of the performance by the Company of the Services are excluded.

9                    Liability

9.1                 The following provisions of this clause 9 set out the Company’s entire liability to the Customer in respect of any breach of its obligations under this agreement and any representation, statement or tortuous act or omission arising under or in connection with this Agreement but, for the avoidance of doubt, do not exclude or limit any liability that the Company may have in respect of death or personal injury but do not confer any right or remedy upon the Customer to which it would not otherwise be entitled.

9.2                 The Company shall not be liable in respect of any loss of profits, goodwill or any special, indirect or consequential or economic loss (including loss or damage suffered by the Customer as a result of an action brought by a third party) even if such loss was reasonably foreseeable or the Company was aware of the prospect of such loss.

9.3                 The Company shall not be liable for any breach, act or omission unless the Customer serves written notice upon the Company giving full details of such within 14 days of becoming aware of the same.

9.4                 The Company’s entire liability for any breach, act or omission or any related combination or series of such shall, in respect of physical damage to the Premises of the Customer, be limited as dictated by the Company’s insurance.

10                 Obligations of the Client

10.1               The Customer shall permit the Company at all reasonable times to have access to the Equipment and reasonable facilities to enable the Company to carry out the Service during the Company’s normal business hours.

10.2               The Customer shall not carry out any maintenance, alteration or adjustment or other such work on the Equipment without forthwith notifying the Company of such work.

10.3               Should the Customer have any dispute or grievance concerning the goods or services supplied it should notify the Company immediately.

11                 Waiver

11.1               The Company may release or compromise the Customer’s liability under this agreement or grant to the Customer time or other indulgence without affecting the Customer’s liability at the Company’s absolute discretion.

12                 Force Majeure

12.1               The Company shall not be liable for any failure in the performance of any of its obligations under this agreement caused by factors outside its control.

13                 Law and Jurisdiction

13.1               The English law shall govern this agreement and the Customer consents to the exclusive jurisdiction of the English Courts in all matters regarding this agreement except to the extent that the Company invokes the jurisdiction of the Courts of any other country.

14                 Construction and Jurisdiction

14.1               The headings in the agreement shall have no effect upon the construction of the agreement.

14.2               The Agreement shall be governed by the laws of England and shall be subject to the jurisdiction of the English courts.

15                 Terms and Termination

15.1               PPM agreements shall commence at an agreed date between the Company and the Customer. The Agreement can be terminated in writing on provision of 90 days by either party.

15.2               The Company agree to refund fees should they fail to undertake due inspections. Any refund will be calculated on a pro rata basis.

15.3               The Company may terminate the provision of services immediately if:

a)        The Customer commits a material breach of its obligations under these Terms and Conditions, or

b)        The customer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors.

15.4               Where a PPM contract reaches its anniversary and there is no agreed price indexation the Company will defer to an industry recognised indices.

16                 Assignment

16.1               Neither party to this agreement shall assign its rights or obligations hereto without the prior written consent of the other party.

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