Libra Facilities Terms & Conditions
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TERM
- This Maintenance Agreement shall be open for acceptance for a period of
30 days following the date of the quotation. The quotation will remain in
force for one year after the date of the commencement of the service under
this quotation and is subject thereafter to three months notice in writing
by either party. We reserve the right to revise the charge made under this
quotation on the first anniversary of the date of commencement of the service
under this quotation or any time thereafter provided that notice of such revision
has been given in writing to you not less than one month before the date of
revision
CUSTOMERS OBLIGATIONS
- The Customer hereby agrees to:
- Promptly notify the Company of any faults or abnormal functioning of the Equipment and
- not to add to, move or modify in any way the Equipment or any part of it without notifying the Company of such change or move any such addition move or change will immediately give rise to a review of the Maintenance Charge
- permit the Company full access and working space to the Equipment at all reasonable times to enable it to perform its obligations hereunder and
- Ensure that no person other than the Company's authorised
representatives are allowed to repair maintain or service the Equipment
TERMINATION
- Without prejudice to any other remedy which may exist this Agreement shall
determine if either party is in breach of any of its obligations hereunder
which is not remedied within 30 days after written notice thereof has been
given by the other.
LIABILITIES
- The Company undertakes to use its best endeavours to provide the Maintenance
Service with all possible despatch and to maintain the Equipment in good working
order but save as aforesaid and so far as not prohibited by statute all other
warranties conditions and representations expressed or implied statutory or
otherwise are hereby excluded and the Company shall not be liable in contract
tort (other than in respect of personal injury resulting from negligence)
or otherwise for any loss damage injury or expense incurred by the Customer
or any other person firm or company resulting from arising out of or in any
way connected with the performance by the Company its employees or agents
of servicing or repair work of any nature whatsoever and in particular (but
without limitation) the Company its employees and agents shall not be liable
to the Customer or any other person firm or company for any loss of profit
or other consequential damage or loss suffered by reason of any delay or failure
or negligence on the part of the Company its employees or agents howsoever
arising in carrying out servicing or repair work of any nature whatsoever.
INDEMNITY
- The Customer will be responsible for providing a safe place of work for
the Company's employees or agents while on the Customer's premises and will
indemnify and keep indemnified the Company and its employees and agents to
the maximum extent permitted by Statute against any and all liabilities costs
damages or expenses of whatsoever nature arising or resulting from the conditions
of the Customer's premises or plant or any act omission neglect delay or default
on the part of the Customer its employees servants or agents however arising
and in particular (but without limiting the generality) will so indemnify
and keep indemnified the Company and its employees and agents in respect of
any accident occurring to any one or more of the Company's employees or agents
whilst present in or about the Customer's premises for the purpose of carrying
out servicing or repair work of any nature whatsoever.
NOTICES
- Any notice required to be given under this Agreement shall be in writing
and may be served by delivering or sending the same by first class pre-paid
letter post to the address of the party upon whom it is served as is stated
herein or in the event of a change such new address as is notified from time
to time.
GOVERNING LAW
- This Agreement shall be governed by and construed in accordance with English
Law.
