Terms & Conditions
PAT Testing Services
TERMS AND CONDITIONS
Matt Butcher trading as Portable Appliance Testing UK
of Unit 7, Luddite Way Business Park, Rawfold Way, Cleckheaton, West Yorkshire BD19 5DQ
The customer or customers that received the Proposal (where more than one person, they shall be jointly and severally liable).
- The Assignment
1.1. The Assignment is to provide PAT testing, certification, and any related services as described in paragraph 3 below to your business (“Services”) to you as set out in our proposal (“Proposal”).
1.2. The Assignment may include any other business services we agree to do that are reasonably necessary for your requirements by PAT UK.
- Price and payment
2.1 The price for the Assignment is set out in the Proposal. VAT will be charged in addition at the prevailing rate from time to time. The price excludes any expenses that will be incurred by PAT UK and these will be agreed in writing in advance of incurring them, with you.
2.2 The price (whether paid by instalments or otherwise) plus any expenses shall be the fees of PAT UK (“Fees”). Any changes you request to the Proposal, or the work requested by you subsequently, may lead to additional Fees.
2.3 When full payment of the Fees is received by us, we will issue a completion certificate to the Client within five business days of payment receipt.
2.3 The Fees for the Services shall be paid after completion of the Services, where a one-off project, or a day or half day service, is to be provided.
2.4 The Services shall be delivered at a location agreed and this is set out in the Proposal. If the Client elects to change the location or manner of the delivery of the Services, further Fees may be due.
- Our Services
3.1 We will PAT test your equipment and issue a completion certificate, subject to the payment of our Fees as set out in paragraph 2.
3.2 3.2.1 We test your equipment to the Relevant Standards. “Relevant Standards” means those commonly accepted practices and standards in Health and Safety Testing and those relevant laws and regulations including Health and Safety at Work Regulations, Health and Safety at Work Act 1974 and Electricity at Work Regulations (or other current legalisation as may be amended) in force at the time the Services are carried out.
3.2.2 Equipment which is tested by PAT UK, and which passes the Relevant Standards, complies with the Relevant Standards at the time of testing only. Immediately following testing, the equipment and its safety becomes the responsibility of the Client.
3.3 Whilst PAT UK will try to ensure that equipment is plugged back in and in working order before we leave the premises, we will not be held responsible for any losses due to any equipment not being plugged back in and /or switched on.
3.4 PAT UK will notify the Client of any equipment that failed the Relevant Standards. Upon receiving such notification responsibility for withdrawing the failed equipment from use immediately passes to the Client.
3.5 PAT UK accepts no liability for any failed equipment which is not repaired or withdrawn from use.
3.6 Failed equipment, that is repaired, should be retested by PAT UK before being used and or going back into service.
3.7 PAT UK does not have any responsibility or liability for, nor do we undertake to:
- repair failed equipment,
- keep the equipment in repair,
- replace the equipment,
- prepare the equipment for inspection,
- reassemble the equipment,
- dispose of the equipment,
- nor pay the costs of any such works.
- Rearrangements or Cancellation of Services
4.1 The Assignment can be cancelled by either party in writing or by email subject to the matters set out in this clause.
4.2 By PAT UK:
4.2.1 If PAT UK cancels the Assignment, save in accordance with clause 3.2.2 below, it will be of immediate effect, and the Fees paid for any Services not yet delivered will be refunded. Any Services provided to you up to the date of cancellation shall be paid for by you, but no further sum or compensation will be payable to you by PAT UK arising from such cancellation.
4.2.2 The Services may also be terminated by PAT UK if payment of the Fees is not made in accordance with the Terms, or if the Client commits a material breach of any of the Terms and fails to remedy the breach within 14 days of being notified in writing, or the Client makes any statements or behaves in any way or requests PAT UK to undertake any actions that are discriminatory, illegal or immoral, or if the Client enters into any form of insolvency arrangement. Upon termination the Client shall immediately pay any outstanding sums to PAT UK. There shall be no refunds.
4.2.3 In the unlikely event of PAT UK having to reschedule the Services, PAT UK will give the Client as much notice as reasonably practical and offer alternative dates to deliver the Services as soon as practicable. No refunds, sum or compensation will be payable to the Client by PAT UK arising from such rescheduling.
4.3 By the Client:
4.3.1 If the Client seeks to rearrange any Services booked, at least 24 hours’ notice must be given to PAT UK. If less than 24 hours’ notice is given, or if the Client seeks to postpone the Services for a second time (after rearrangement of the Services has once been agreed) then the Fees for that part of the Services are forfeited.
4.3.2 If the Client seeks to cancel the Services in their entirety, then the Fees for all agreed Services (whether provided at the date of cancellation or otherwise) will be payable in full by the Client. Any sums already paid by the Client will be forfeited. If instalments have been agreed, the Fees must still be paid in full for all Services whether provided or not at the time of cancellation.
- General Terms and Conditions
5.1. Signature of the Proposal supplied by PAT UK to the Client, or an email indicating the Client’s wish to progress with the Services set out in the Proposal will constitute an acceptance in full of these Terms and Conditions.
5.2. The Services shall terminate when they are completed, and all payments have been made in full. Variations to the Services may only be agreed in writing. Services outside the scope of the Proposal will attract additional charges. We may vary our prices for the Services but will always give you 7 days’ notice of any increase.
5.3. PAT UK shall use reasonable endeavours to meet any performance dates, but such dates shall be estimates only.
5.4. The Fees will be paid after invoices are rendered from time to time. VAT is applicable. Payment terms are 7 days, and payment is not deemed to have been made until the Fees have been paid in full. If payment is not made in full and within time the Services may be suspended and payment in advance may be required before the Services are re-commenced. PAT UK reserves the right to require all Fees to be paid in advance of the commencement of the Services where applicable and agreed in writing.
5.5. If payment is not made in accordance with these terms, PAT UK reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made alongside an administration fee of £50.
5.6. Each party will keep the confidential information of the other party and any third party confidential and secret, and only use it for the purposes of supplying the Services or making proper use of the Services. Each party recognises and accepts its obligations with regard to the control and the processing of personal data under the current data protection legislation and regulations. For more information on this, please see our privacy notice on our website. https://www.portable-appliance-testing.uk/privacy-policy-and-notice/
5.7 PAT UK’s liability in respect of any loss of good will, loss of business, loss of profits, loss of anticipated savings, loss of use or for any other consequential, special, or indirect loss or damage will be NIL.
5.8 PAT UK will use reasonable care and skill in performing the Services. Where any valid claim in respect of the Services is made the Client may only be entitled to a refund of the Fees or part of the Fees paid. PAT UK has public liability insurance.
5.9 Nothing in these Terms will exclude or limit liability for death or serious injury caused by PAT UK’s negligence.
5.10. If PAT UK is limited or hindered from providing Services booked by the Client due to circumstances beyond its control e.g. government intervention, Acts of God, civil disturbance, war, national or local disaster, strikes, labour disputes, epidemic and or pandemic, then the liability of PAT UK to the Client shall not exceed the amount paid by the Client for the Services. The Fees paid shall be non-refundable, (being an approximation of the value of Services already rendered and or expenses incurred) and PAT UK shall (where the value of the Services already delivered to the Client or expenses incurred is greater than the value of the Deposit) be entitled to be paid additionally for all Services delivered to the Client up to that point. PAT UK shall not be liable for any additional losses incurred by the Client in such circumstances.
5.11. PAT UK reserves the right to use images of work undertaken during the Services for marketing, promotional, competition and editorial purposes. If you do not wish to give consent to this use of the work or your image, then you must confirm this by email within 14 days of entering into this agreement.
5.12. Nothing in these terms is intended to create a partnership or joint venture between PAT UK and you, and no party has the right to act as agent for the other or to bind the other party in any way.
5.13. These terms and any dispute arising from them shall be governed by the laws of England and Wales.