Thain Commercial Terms & Condititons
1. On the acceptance of each item of equipment from Thain Commercial an Invoice will be raised to cover the price as stated. Terms of payment are 30 days Nett from Date of Invoice.
2. The Company undertakes to arrange visits upon request by the Customer’s authorised Personnel to attend the Scheduled Equipment which is inoperative due to failure of component parts only and to replace such faulty components as necessary, only note: (NOTE: on Labour only Contracts - Parts and Components are charged at list price). A) All Laundry and Catering Equipment, Electrical Components but excluding Power Lines from Laundry Equipment to Power Supply Points, Extraneous Fuses and other Extraneous Equipment. B) All Mechanical Equipment including drive belts and water hoses. (NOTE: Ventilation, Exhaust and Drainage Systems/Equipment are not part of the Scheduled Equipment).
3. Specifically excluded from this Contract are:- A) All associated Electrical Equipment such as Power Supply Points, Starters, Fuses, PCBs and any other similar electrical components not part of the Scheduled Equipment. B) All External Associated Plumbing, Gas/Steam Equipment and Gas/Steam flexible hoses including blockages of same. C) All liquid soap injection equipment. D) Rectification of defects caused by Fire, Water, Frost or variation of the Electrical Supply or accidental, malicious or wilful action, negligence, misuse or by fitting of accessories not supplied by the Company or the attempted rectification of Faults by Persons other than the Company’s Appointed representatives. E) Cleaning or De-Scaling of the Equipment. F) Replacement of Ironer Covers, Friction Strips, Feeder Bands on Ironing machines where the replacement from Fair Wear & Tear. G) All Exterior Cabinet Metal Work and Plastic Work. H) Abortive Call. (No Fault Found). I) Replacement of Lint Screens. (NOTE: Any additional service visits for de-fluffing of equipment or Annual Gas Safety Check will be chargeable or should be written into the Contract). Rectification of faults to the Schedules Equipment associated by any of the foregoing in Paragraph 3 may be undertaken on a chargeable basis. Labour charges incurred will be levied at the Standard Labour Rates appertaining at time work is undertaken. Components, Parts and Spares supplied will be charged at current List Prices.
4. All service visits will be made during Normal Working Hours excluding Statutory and Bank Holidays, in the event of the Customer requesting for Service to be carried out at times outside normal hours the Labour Rates will be charged at Standard rate plus Normal Overtime Surcharge Rates.
5. This Contract shall remain in force until terminated in any of the following ways: A) By the Customer’s failure to return the renewal notice with cheque or official order before the expiry date. B) By either Party due to the replacement of the equipment or unreasonable age or condition of the equipment. C) By either party for the failure of the other to remedy a Breach thereof after receipt of reasonable notice requiring it to do so.
6. The Company reserves the right to alter the charges incorporated in the Contract in respect of any item of Equipment included in the Schedule on the anniversary of its inclusion upon 30 days prior written notice.
7. Should the Customer change the location of the Equipment the Contract shall be set aside until such time that the installation has been inspected and passed by a member of the Company’s Service Department. A) Should the equipment suffer damage whilst being moved, no matter how caused, the repair will be chargeable. Standard Labour Rates will apply and Materials will be charged at Cost Price.
8. The Company shall not be held responsible for any consequential losses arising from any period during which Equipment may be out of Service for any reason.
9. The Company is not responsible for any failure to provide Service due to causes outside its reasonable control.
10. This Contract is not transferable without written consent of the Company.
11. A Contract commences from the Date shown on the invoice and covers the Equipment scheduled. Items of equipment delivered after the Date of this Contract may be included by the Customer making written application to the Company subject to the right of the Company to refuse such inclusion.
12. The foregoing terms form the entire Service Contract between the Company and the Customer and shall not be varied by the Terms & Conditions of any order submitted by the Customer for the Repair & Maintenance of the Equipment.
13. This Contract is written in the English Language and shall be governed by the Laws of Scotland.