1.1 These Terms and Conditions apply to the provision of services (the Services) by AJAS Services Limited, a company registered in England and Wales (Company No. 11521517) whose registered office is at 19 Wulfric Road, Sheffield, S21 4GE (we, us, our) to the person, firm or company purchasing the Services (you, the Customer).
1.2 These Terms and Conditions, together with our written quotation and any documents expressly incorporated within it (together the Contract), constitute the entire agreement between the parties and supersede all prior discussions, correspondence or agreements.
1.3 You acknowledge that you have not relied upon any statement, representation or warranty not expressly set out in the Contract.
2.1 A Business Day means any day other than a Saturday, Sunday or public holiday in England and Wales.
2.2 An Engineer means any employee, subcontractor or operative engaged by us to attend site for the purpose of carrying out the Services or Maintenance Services.
2.3 Headings are for convenience only and do not affect interpretation.
2.4 Words in the singular include the plural and vice versa.
3.1 The Services shall be carried out strictly in accordance with:
l the scope, exclusions and assumptions stated in the quotation; and
l any drawings, specifications or standards expressly referenced in the quotation.
3.2 Where stated in the quotation, the Services shall be carried out having regard to relevant parts of BS EN 12101 (Smoke and Heat Control Systems) and Approved Document B of the Building Regulations in force at the time of the quotation.
3.3 Compliance with BS EN 12101, Approved Document B, or any other statutory or regulatory requirement shall be limited solely to the elements and extent of the Services expressly stated in the quotation. We shall not be responsible for overall system compliance, system performance, or integration with other building systems unless expressly agreed in writing.
3.4 We reserve the right to make reasonable changes to the Services where required to comply with applicable law, site conditions, health and safety requirements, or instructions from statutory authorities.
4.1 Unless expressly stated otherwise in the quotation, we do not accept responsibility for the design of smoke ventilation, smoke extraction, fire alarm, control or associated systems.
4.2 Where any design input, calculations, drawings or advice are provided by us, such input shall:
l be limited to the specific elements stated in the quotation;
l be based on information provided by others;
l not constitute responsibility for overall system design, performance, or regulatory compliance.
4.3 The Customer remains responsible for appointing a suitably qualified fire engineer or designer where required.
5.1 We warrant that we shall exercise reasonable care and skill in performing the Services in accordance with the Contract.
5.2 Any completion dates are estimates only. Time shall not be of the essence unless expressly agreed in writing.
6.1 The Customer shall:
l provide safe access to the site;
l ensure that the site is suitable for the Services;
l provide accurate and complete information, drawings and specifications;
l obtain all necessary permissions, approvals and consents.
6.2 We shall not be liable for delays, defects or failures caused by inaccurate information, incomplete design, or the acts or omissions of others.
7.1 Fees shall be charged on a time and materials basis unless stated otherwise.
7.2 Fees exclude VAT and any applicable taxes.
7.3 We may recover reasonable expenses including materials, plant, access equipment, travel, accommodation and third-party services.
8.1 Any variation to the Services must be agreed in writing. Additional work shall be charged at our prevailing rates.
8.2 Cancellation by the Customer within forty-eight (48) hours of the agreed start time shall incur a call-off charge of £300 per engineer, reflecting committed labour, administration and mobilisation costs. This charge shall be payable whether or not access is ultimately granted.
9.1 We shall invoice in accordance with the quotation.
9.2 New Customers are required to pay three (3) pro forma invoices in full prior to being granted credit terms or being placed on account. Until such time, payment shall be required in advance of attendance or delivery of Services.
9.3 Payment of all invoices is due within 30 days of the invoice date unless otherwise agreed in writing.
9.4 Late payments shall accrue interest at 4% per annum above the Bank of England base rate from the due date until payment is received in full.
9.5 We reserve the right to suspend Services, withhold reports, or cancel future attendances where payment terms are not complied with.
10.1 Title to goods and materials supplied shall not pass to the Customer until payment has been made in full.
10.2 Risk shall pass upon delivery to site.
11.1 We maintain employer’s liability and public liability insurance in accordance with statutory requirements.
11.2 Professional indemnity insurance is only maintained where expressly stated in the quotation.
12.1 Smoke ventilation and extraction systems reduce risk but do not guarantee the safety of persons or property.
12.2 No system can eliminate all risk in the event of fire, and the Customer acknowledges this inherent limitation.
13.1 Our total liability arising out of or in connection with the Contract shall be limited to the lower of:
l the total Fees paid under the Contract; or
l the level of insurance maintained by us at the time the claim arises.
13.2 We shall not be liable for indirect or consequential losses, loss of profit, loss of business, or loss of reputation.
13.3 Nothing in this Contract excludes liability for death or personal injury caused by negligence, fraud, or any matter which cannot lawfully be excluded.
14.1 Each party shall comply with applicable data protection legislation.
14.2 We shall process personal data solely for the purpose of providing the Services and in accordance with our Data Protection Policy.
15.1 Neither party shall be liable for delay or failure caused by events beyond reasonable control.
16.1 We may terminate immediately for material breach, non-payment, or insolvency.
17.1 This Contract shall be governed by the law of England and Wales and subject to the exclusive jurisdiction of the English courts.
A1.1 This Maintenance & Planned Preventative Maintenance (PPM) Addendum applies where we are engaged to carry out inspection, testing, servicing, maintenance or remedial works to smoke ventilation, smoke extraction or associated control systems (the Maintenance Services).
A1.2 This Addendum forms part of the Contract and shall prevail in the event of conflict relating to Maintenance Services.
A2.1 Maintenance Services shall be carried out having regard to:
l BS EN 12101 (as applicable to the installed system);
l manufacturer’s instructions and recommendations;
l guidance contained within Approved Document B;
l industry good practice current at the time of service.
A2.2 Maintenance Services do not constitute certification of full regulatory compliance unless expressly stated in writing.
A3.1 The scope of Maintenance Services shall be strictly limited to the equipment, areas and frequency stated in the quotation, service agreement or asset register.
A3.2 Maintenance Services may include, where agreed:
l visual inspection;
l functional testing;
l cleaning and lubrication of components;
l basic adjustments and reset;
l recording of test results and defects.
A3.3 The following are excluded unless expressly agreed:
l design review or redesign;
l upgrades to meet changes in legislation;
l replacement of non-serviceable components;
l access equipment beyond standard arrangements;
l builder’s works, making good, or decorations.
A4.1 PPM visits shall be carried out at the agreed intervals only.
A4.2 Cancellation by the Customer within forty-eight (48) hours of the agreed PPM visit start time shall incur a call-off charge of £300 per Engineer, reflecting committed labour, administration and mobilisation costs.
A4.3 Missed visits caused by lack of access, site readiness or instruction shall be chargeable and may be rescheduled subject to availability.
A4.4 Any defects identified during PPM shall be reported. Rectification works shall be treated as variations unless expressly included.
A5.1 The Customer shall:
l maintain safe and unobstructed access;
l ensure systems are not altered or disabled by others;
l notify us of faults, incidents or system changes;
l retain records required under fire safety legislation.
A5.2 We shall not be liable for defects arising from misuse, vandalism, unauthorised alterations, power supply issues, building changes or third-party interference.
A6.1 Following Maintenance Services, we shall provide a service report identifying work undertaken and observable defects at the time of inspection.
A6.2 Reports do not constitute a warranty of system condition between visits.
A7.1 Emergency or reactive call-outs shall be charged at prevailing rates unless covered by a separate agreement.
A7.2 Response times are targets only and not guaranteed unless expressly agreed.
A8.1 Maintenance Services reduce risk but do not prevent system failure.
A8.2 We accept no responsibility for failure of components not maintained, inaccessible, obsolete or beyond manufacturer support.
A9.1 Either party may terminate a maintenance agreement by giving written notice as stated in the quotation.
A9.2 Outstanding fees and completed visits remain payable upon termination.