Universe Projects Ltd, Universe House 5 Cannon Mews, Ascot, Berkshire, SL5 8QL Company Reg number 7552325
These terms and conditions apply to all aspects of business carried out by the Universe Projects Ltd Group of Companies.(UPL).
Please ensure that you are in possession of the latest update. UPL reserves the right to introduce any special clause, in writing relevant to an individual agreement/contract, prior to commencement of such works. “Others” is
deemed to be any party other than UPL or its agent(s) or subcontractor(s).
1.0) All estimates are based upon works carried out during normal office hours and Saturdays 9am to 12pm unless otherwise stated. Works outside these hours are subject to a levy.
1.1) All estimates and recommendations offered by UPL are done so based upon our representatives‟ assessment of the customer‟s needs, with the needs of the end user/s allowed for where possible. It is the customers‟ responsibility to ensure that all requirements are included in the estimate, and if there is any doubt, to contact UPL to clarify.
1.2) All estimates, quotations, and the like are valid for a period of 4 weeks unless otherwise agreed in writing on the estimate itself.
1.3) Estimates only include the work specified, and any additional work or parts required will be charged as extra to the estimated price.
1.4) Extras will be charged based on the current ruling „Service Call Out‟ and Hourly rates plus Parts and VAT. The customer will be required to authorise any such extras.
1.5) All offers made by UPL are based on the customer requirements (anticipated „System Design‟). It is therefore the responsibility of the customer to inform UPL if the anticipated use of the system is to change.
1.6) UPL reserves the right to use approved subcontractors for all or any part of the works.
1.7) It is the customer‟s responsibility to inform UPL if the access point or location of the system has any security or safety status, or is a fire escape or fire brigades access route.
2.0) The customer is to inform UPL if the system is to „Fail Secure‟ during a System or Mains Power Failure. Any decision made by UPL with regard to the Failure status of the Fail Release System is taken in good faith and no responsibility for such a decision can be accepted by UPL.
2.1) No responsibility for unseen circumstances or obstruction can be accepted by UPL or its subcontractors.
2.2) It is and shall remain the responsibility of the customer to advise UPL of the whereabouts of any underground or hidden service routes. UPL will not be held responsible for the consequences and costs arising from damage or injury resulting from any work carried out on the site, howsoever caused.
2.3) Any structural alteration recommended or carried out by UPL or any sub-contractor of UPL is done so, subject to all such works being carried out under the direct authorisation and approval of the customer.
2.4) Should a structural engineer or other professional body be required in any way, all values associated with this are to be met directly by the customer and are otherwise regarded as extra over to any offer made, or agreement reached by UPL.
2.5) It is essential that gate-leaves travel over level ground. Accordingly, UPL cannot accept liability for the consequential effects of ground level obstructions.
2.6) UPL will not accept responsibility for any consequential damage or repairs necessary following the flooding of any part of an installation or component thereof. It is the responsibility for the owner to ensure adequate drainage.
3.1) All prices assume clear, unimpeded access of the area of works, also any associated area. Pedestrian and vehicular traffic is to be reduced and avoided where possible during the works. Therefore, any resultant delay caused to works that is beyond UPL‟s direct control may be charged as extra over the agreed value, at UPL ruling hourly rates.
3.2) All values given against works to be carried out on site, assume onsite parking for UPL vehicles local to the opening/works and as so would become eligible for additional charge should this not be available.
4.1) The provision of a suitable power supply to the working area is the responsibility of the customer/main contractor unless otherwise agreed in writing beforehand. If water is required, it is the customer‟s responsibility to provide an adequate supply of water and to facilitate its removal if required.
5.1) In all cases, Builder‟s works (civil works) – concreting, ducting with suitable cords, brickwork and final decoration – is to be done by others unless specifically stated otherwise.
5.2) Any building or civil works agreed to be done by UPL in writing, are to be left in a state similar to that which exists – where reasonably possible, further decoration is to be done by others.
5.3) Whilst every care will be taken during all site works, only basic back fill or finish will be carried out by UPL. The removal of any items or waste, etc. and making good or replacement of materials is not included within any offer, unless specifically agreed in writing.
5.4) Foliage or vegetation of any sort is and shall remain the responsibility of others, therefore, UPL does not accept liability for any consequential effect or damage thereto.
6.1) Where existing supporting structures, piers, posts etc. are thought to be unsuitable, the client will be advised in the first instance: Any judgement made by our representative, involving the use of existing structures or supports, is made in good faith and no responsibility is accepted for their continued suitability. We would be pleased to estimate, as an extra over, the cost of replacement of any support structure, at any time, if so required.
6.2) Any existing items used or re-used by UPL are done so in good faith and shall always remain the responsibility of the customer.
7.1) Under no circumstances will UPL accept responsibility for the inherent problems experienced with the use of timber products.
8.1) All 220/240Vcable runs (mains supply, controls supply, etc) done by us will either be, surface fix S.W.A. or PVC conduit protected cables – unless specified otherwise. (British Standards will be observed).
8.2) Earth Leakage Circuit Protection (RCCD) is always recommended at the system end of each mains supply run and each 220/240Vcable is to allow for a separate earth conductor.
8.3) All extra low voltage cable runs (System‟s equipment 24V+/- ) carried out by UPL, are to be installed accordingly to each site‟s condition, and are to be surface fixed or follow routes provided by others. 12 core RBS multi-core cable is advised and will be used where practical.
8.4) UPL will endeavour to abide by all official guidelines and laws relevant to works and service provided for by UPL only and not works carried out by others. All such UPL responsibilities are passed over to the customer upon official completion of any said works or part thereof.
9.1) All cable routes, trenching, conduiting, ducting or trunking carried out by UPL are done so under the discretion of UPL‟s engineers and will follow a path most suited to the engineers requirements. If a preferred route for any such cable run is required by the customer, it is the customer‟s responsibility to inform the engineers before works begin.
9.2 Any re-routing of cable runs carried out by UPL will be done so as an extra over the agreed offer value, based on the ruling hourly rate plus parts and plant hire.
9.3) All ducting and conduit runs carried out by others, for UPL use, must be of a suitable size, allow for sweep bends, no elbows, adequate pull cords and must have an adequate number of access points or inspection pits.
9.4) Where cables are provided by others for UPL use, it is the customer‟s responsibility to assure they are suitable for the environment they are installed in.
9.5) No responsibility will be taken by UPL for cable runs provided for by others – even if the cable is supplied by UPL. It is the contracting installer or customer‟s responsibility to ensure a fault free run. Guidance and supervision will be made available by UPL upon request.
10.1) Where Audio, Video entry CCTV links are used, cabling between the system (Access Point) and any termination point/s is not included for within any offer unless specifically stated. Each such cable run is to be provided by others with 1-2m tails each end for termination.
11.1) It is the customer ‟s responsibility to inform UPL if there is any change to the landscape of the site, or possible change that may affect the performance of the system. Any changes to the landscape must be agreed with UPL as soon as possible.
12.1) Any connection or alteration to a UPL system, in any way, by others will automatically void any warranty unless specifically agreed in writing beforehand by UPL.
12.2) Repairs: only the actual work carried out and parts replaced by UPL carry a warranty, all such parts will be void of warranty if subsequently damaged by or as a consequence of the failure of any existing part not replaced.
12.3) All and any existing items used or re-used, will remain the responsibility of the customer. Any inspection, test or comments made by UPL are given in good faith without warranty of any kind.
12.4) All repairs carried out by UPL, are done so in good faith, with the overall interest and safety of the customer/user in mind.
12.5) Repairs that require major works likely to exceed a value of £750 net, will require authorisation and or a deposit before the works are carried out, unless agreed otherwise by both parties beforehand.
12.6) Any customer‟s item exchanged for UPL „Service Exchange Parts‟ is done so in good faith with the subsequent cost of repairs to bring the customers‟ unit up to UPL‟s „Service Exchange‟ stock standard, being the responsibility of the customer. UPL reserves the right to disconnect any system which is regarded as a risk to Health and Safety.
13.1) UPL accepts no responsibility for consequential loss caused by faulty goods or installation. UPL‟s liability is limited solely to the repair and replacement of the faulty goods, or installation of such.
14.1) The customer is to be responsible for advising UPL of any special site conditions, access or parking restrictions, training, special clothing requirements (PPE) and any restriction of working due to Trade Union agreements or any other reasons, at the earliest opportunity. The customer is to be held responsible for any additional costs as a result of any such condition.
15.1) ALL GOODS REMAIN THE PROPERTY OF UPL UNTIL PAID FOR IN FULL. ONLY ONCE THE AGREED PAYMENT ON ANY GOODS OR WORKS IS RECEIVED BY UPL WILL TITLE TO SAID GOODS OR WORKS BECOME THAT OF THE CUSTOMER.
15.2) During the installation or period of works, all parts installed or left on site become the responsibility of the customer: You are therefore advised to check your insurance cover.
16.1) Supply and Install
Terms of Payment : 50% Deposit with order 25% Upon delivery of the Gates.
Balance in full upon completion
16.2) N.B. THE FULL AMOUNT OF MONIES IS DUE UPON COMPLETION, EVEN IF COMMISSIONING IS HELD UP BY CIRCUMSTANCES BEYOND OUR CONTROL.
16.3) If an additional site visit is necessary, to commission work, an extra charge will be made at our current service rate.
16.4) Supply Only
Terms of Payment : Full payment with order unless account is opened by UPL Management
Account Customers : 30 days credit up to approved limit only. Universe Projects Ltd, Universe House 5 Cannon Mews, Ascot, Berkshire, SL5 8QL Company Reg number 7552325
16.5) Service & Repair Works
Terms of Payment : Payment is due on completion of any part of works invoiced.
16.6) Maintenance Agreement
Terms of Payment : Annually in advance
16.7) UPL reserves the right to add interest to any outstanding account not settled within 30 days of the date of invoice, at an annual rate of 8% on monies outstanding.
16.8) UPL reserves the right to put on Stop or Hold any works or supplies under financial dispute of any kind.
16.9) UPL reserves the right to refuse any account to any party without explanation.
16.10) Special Contract Payment Terms (Application for Payment) : Any order accepted by us upon A.F.P. account, will require full payment of any section done per month, within 30 days of invoicing of said section.
17.0) All orders placed and subsequently cancelled by the customer must be done so in writing to Universe Projects Ltd at our Head Office- Universe House, 5 Cannon Mews, Ascot, Berkshire, SL5 8QL.
17.1) All orders placed and cancelled by a customer will carry a cancellation charge of no less than 30% of the original agreed sum (unless agreed otherwise in writing by both parties beforehand).
17.2) All orders cancelled with works carried out by us in any shape or form, will be committed to the full cancellation charge of 50% (deposit monies will be used to offset any such cancellation charge).
18.1) Should there be a site delay preventing installation commencement, then we reserve the right to invoice for 95% of the estimated contract amount. (This is for the purpose made goods or specialist parts procured either delivered to site or held at our premises awaiting despatch).
18.2) In the event of an extended delay, 30 days plus, not of UPL‟s making, UPL reserves the right to levy a storage of 5% per month of the sale only value of the said goods.
19.1) UPL reserves the right to be allowed an extension of time for the completion of any installation should inclement weather, or other condition beyond the direct control of UPL, prevent access to the site or delay UPL‟s fitters carrying out the work.
20.1) All views and subsequent component (location descriptions) of any part of any system will be based on a view taken from outside the property. I.E. left or right hand side of the opening.
21.1) All parts purchased by UPL of any kind, manufactured by others, will carry the warranty of said manufacturer.
22.1) Warranty Periods:New Products or installations carry a 12 month warranty, subject to normal wear and tear. 2 years Manufactures‟ warranty (return to base) on all Gate Operators.
Supply only items carry a 12 month warranty, subject to normal wear and tear.
Service Exchange Items carry a 3 month warranty, subject to normal wear and tear.
23.1) UPL may use photographs of installations for marketing purposes unless requested not to do so by the client in writing.
24.1) The contract shall be construed and operated in accordance with the laws of England and proceedings shall be brought in the English courts.