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Libra Facilities Terms & Conditions

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An AGREEMENT made the 11 July 2003 between Libra Facilities Limited of 10 Pochard Close, St Mary&39;s Island, Chatham, Kent, ME4 3BD (hereinafter called "the Company") of the one part and Name of Client (hereinafter called "the Customer") of the other part.

DEFINITIONS

  1. "The Company" shall mean Libra Facilities Limited.

  2. "The Maintenance Service" shall mean such service as is specified in Clause 1 of the Conditions.

  3. "The Emergency Service" shall mean such service as is specified in Clause 3 of the Conditions.

CONDITIONS

  1. In consideration of the Maintenance Charge, the Company undertakes to visit, inspect and service the Equipment generally in accordance with the attached schedules.

  2. The maintenance visits shall be at the intervals specified in the Quotation.

  3. In addition to the Maintenance Service the Company also undertakes to provide an Emergency Service which shall be available to the Customer by telephone 24 hours a day 7 days a week and subject to location of the Equipment and any other matters beyond its control that may prevent it from so doing the Company shall use its best endeavours to arrange for one or more (as may in the Company's opinion be necessary) of its maintenance engineers to be present at the Equipment Location following an emergency call being made and the Customer agrees to pay the Company's rates for the provision of this Emergency Service current at the time of the said service.

  4. As well as the Emergency Service referred to in Clause 3 above additional visits by the Company to the Equipment Location to undertake the following works at the request of the Customer shall not form part of the Maintenance Service and these shall be charged for separately in accordance with the provision of Clause 5 below:

    1. remedial maintenance visits requested by the Customer to undertake additional repairs or replacements in the event of the Equipment malfunctioning between Maintenance Service visits whether from fair wear and tear or otherwise;
    2. additional works carried out by the Company at the request of the Customer not forming part of the Maintenance Service but being additional matters requiring repair or service in the opinion of the Company and drawn to the attention of the Customer by the Company during Maintenance Service;
    3. Such visits as are necessary to effect any mandatory modifications to the Equipment required by the manufacturer.

  5. Save for the Emergency Service all other works whether forming part of the Maintenance Service or otherwise shall be performed by the Company at mutually convenient times during Normal Business Hours (being 9.00am to 5.00pm from Monday to Friday excluding Public Holidays) provided that any works carried on by agreement outside these hours will be charged for at the Company's rates for work carried on outside normal business hours.

    PAYMENT

    1. The Customer agrees to pay the Maintenance Charge and any other charges within 28 days of the date of invoice. Unless otherwise agreed the Maintenance Charge shall be invoiced in advance at the Commencement Date.

    2. Replacement parts and materials supplied by the Company and labour time (including overtime) expended in respect of works not included in the Maintenance Service shall be charged to the Customer at the Company's rates current at the date of supply or at the time such labour is provided as the case may be.

    3. The Customer also agrees to pay a Travelling Charge in respect of those works referred to in Clause 4(a) (b) and (c) above as not being included as part of the Maintenance Service in addition to the parts and labour costs for those works referred to at paragraph (b) above of this Clause.

    4. Without prejudice to the Company's rights to terminate this Agreement under Clause 10 hereof, the Customer further agrees that in the event of the failure by the Customer to comply with the obligation under Clause 8(c) below to provide the Company with full access and working space to the Equipment in carrying out the Maintenance Service the Customer shall when requested by the Company pay to the Company an additional charge for the period during which the Company's engineer is engaged in travelling to and from and is present at the Equipment Location but is prevented from commencing the Maintenance Service due to the Customer's failure to comply with the obligations under the said Clause and the charge shall be calculated on the basis of the Company's rates current at the time of the works.

    5. The Customer agrees to pay all charges within 28 days of the date of invoice and in the event that these remain unpaid:

      1. interest shall be payable at the rate of 1.5% per month or part of a month and

      2. the Company shall be entitled to withdraw all services forthwith without prejudice to any pre-existing rights and if subsequently requested to resume servicing of the Equipment may at its option require the Equipment to be fully overhauled at the Customer's expense before recommencing maintenance of the Equipment under this or any subsequent agreement

      3. All charges stated herein are exclusive of Value Added Tax, which shall be charged at the rate ruling at the relevant tax point.

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