Last updated 01/01/2024

    1.0 GENERAL

    1. The “Company” shall be Sustainable Fire Protection Limited, (SFPL), which is registered in the United Kingdom (No. 15283822); registered address: 8 Spur Road, Cosham, Portsmouth, England, PO6 3EB; trading address: Unit F, Watton Farm, Watton Lane, Droxford, Southampton, SO32 3HA.
    2. The “Contract” shall be the agreement between the company and the purchaser as listed under “Conditions of Purchase.”
    3. The “Products” shall be any products, materials, or services specified to be supplied by the company.
    4. The “Property” shall be the purchasers property at which the place of work is to be undertaken.
    5. The “Purchaser” shall be the person(s) who have contracted work from the company.
    6. The “Work” shall be any installation/building/maintenance/testing/surveying services supplied by the company.
    7. If the purchaser does not agree to any of these terms and conditions, then the purchaser may cancel the contract without penalty within 7 days of the date of the contract.
    8. These Terms shall commence as soon as mutually agreed, which may be evidenced by the purchaser’s acceptance of any communication or document that references this document, or a finalised order provided by purchaser, (such Order shall be deemed incorporated into these Terms as applicable), or by any indication of purchaser’s approval of or request for any supply by the company whether before or after any such supply is made (the company only agrees to supply anything on these terms, and no other terms).
    9. Once commenced, these terms shall continue until the completion of any supply under these Terms (“The Agreement Period”). During the agreement period the company will provide the services and/or supplies to the Purchaser (“Services and/or supplies”) in exchange for the Purchaser’s payment to the company (“Price”), either as described in the Order or in any specific written communication or otherwise in these Terms.
    10. These Terms may not be cancelled by Purchaser other than for fundamental irredeemable breach by the company. Where the company’s services and/or supplies are merely faulty, or do not comply with these Terms for some other reason, such breach shall not be deemed irredeemable, but the company shall be given the opportunity to rectify services and/or supplies in accordance with the Limited Guarantee of clause 4.0.
    11. The company may cancel any part of this agreement by notice to the purchaser at any time prior to purchaser’s payment, or after purchaser’s payment provided the company refunds purchaser’s payment for any elements which the company cancels. For the avoidance of doubt the company may cancel part only of this agreement without affecting the remainder.
    12. These terms constitute the entire agreement between the parties, supersede any previous agreement or understanding. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
    13. If any part of these terms is held to be unenforceable, such part shall be deemed to be deleted from this document and shall be of no force or effect, and the remaining terms shall remain in full force and effect as if the unenforceable part had never been included.
    14. Nothing in these terms is intended for the benefit of any third parties and the provisions of the Contracts (Right of Third Parties) Act 1999 are expressly excluded.
    15. English law shall apply to these terms, and the parties agree to submit all disputes between them to the exclusive jurisdiction of the English courts.

    2.0 PURCHASER’S OBLIGATIONS

    1. Purchaser will provide all reasonable assistance, liaison, materials, instructions and responses requested to enable the company to provide the services and/or supplies, and shall accept responsibility for the consequences of any such provision, failure to provide, or any faults with such provisions.
    2. The purchaser will give the company access to the property at all reasonable times for all purposes connected with the contract (including surveying, measuring, inspecting, installing and servicing of the works).
    3. The purchaser will ensure there is mains electricity and water supply available for use by the company at the property if necessary to complete the work
    4. The purchaser shall be responsible for insuring any products delivered to and/or installed to/at the property.
    5. If the purchaser knowingly withholds or conceals from the company or its engineers any matter which may affect the price of the work and which could not reasonably have been foreseen by the company, or discovered by a survey of the property, then the company may without limiting any other rights it may have, on discovering any such matter be entitled to cancel the uncompleted work covered by the contract and the purchaser shall pay the company for all work done and products supplied.

    4.0 FINANCIAL

    1. The company will endeavour, as far as reasonably possible, to ensure that the price they quote is correct prior to and during the contract. If required, the company will arrange for a survey to be undertaken at the property within a stated time of the date of contract for the purposes of verifying that the property is as per the information provided to price for the work. If following the survey, it becomes apparent that the work has been under/over-priced for a technical reason beyond the reasonable expectation of the company, then the company will inform the purchaser within 7 days of the date of the survey and both parties will attempt to agree a revised price for the work.
    2. If payment is not made within 30 days from the date of invoice, at it’s discretion, the company shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgement) at 2 % above the base rate of Barclays Bank PLC from the date on which the work is completed until the outstanding amount is paid in full.
    3. Any products supplied by the company shall remain the property of the company until the contract price is paid in full and where the company offers a design service the drawings shall remain the property of the company until the contract price is paid in full.
    4. The company will endeavour to provide it’s customers with best value. To do this it is essential for the purchaser to make prompt payment to settle invoices from the company.
    5. If any delay in payment is caused by a problem made by the company, the purchaser should advise the company as soon as possible.
    6. The company reserves their statutory right to add interest and any administration costs / court fees under the ‘Late Payment of Commercial Debts (Interest) Act 1998,’ if they are not paid according to the agreed credit terms and where a suitable repayment arrangement cannot be agreed with the purchaser.
    7. The company supports the Fair Payment Campaign launched by the National Specialist Contractors’ Council (NSCC) and in accordance with their No Retention Policy, the company do not authorise retention on their works where it is covered by their warrantee.
    8. The company shall not in any circumstances be liable for any delay in the completion of a project where the delay arises from causes beyond the reasonable control of the company.

    5.0 WARRANTY & GUARANTEE

    1. The company hereby guarantees any installation work for a period of one year in addition to the purchaser’s other legal rights.
    2. The guarantee runs from the date on which the work is completed and certified.  No claims can be made on the guarantee until the contract price is paid in full.
    3. If the purchaser makes a claim under the guarantee for a fault that is the result of the purchaser failing to following any maintenance instructions required by the manufacturer and/or fire protection system installation design standard, then the company shall be entitled to charge the purchaser for the call out and for all work undertaken and for materials supplied as per our current Schedule of Rates.
    4. After the guarantee has expired, component failures outside the one-year period will be charged at supplied current rates and prices.

    6.0 EXCLUSIONS

    1. WHILST THE GREATEST OF CARE IS TAKEN IN INSTALLING PRODUCTS AND PROVIDING SERVICES, IN SOME CASES IT IS NOT POSSIBLE TO AVOID DAMAGE OCCURING TO DÉCOR AND FINISHINGS. IN SUCH CIRCUMSTANCES, THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY MAKING GOOD OR REMEDIAL WORKS.
    2. WHILST THE GREATEST OF CARE IS TAKEN TO VISUALLY INSPECT THE ENTIRE SYSTEM WHERE IT IS READILY ACCESIBLE, IT IS THE NATURE OF ANY SYSTEM TESTING EXERCISE THAT IN SOME CIRUMSTANCES, SYSTEM COMPONENTS MAY FAIL WHEN BEING TESTED AND IN SUCH CIRCUMSTANCES, IT MAY BE IMPOSSIBLE TO AVOID ESCAPE OF WATER, AND THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY DAMAGE, DISRUPTION OR DELAYS THAT RESULT.
    3. WHILST THE GREATEST CARE WILL BE TAKEN TO ENSURE THAT ANY FIRE ALARMS ARE ISOLATED PRIOR TO COMMENCING WORK, THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY DISRUPTION OR LOSSSES RESULTING FROM THE ACTIVATION OF FIRE ALARMS.