SERVICO Group of Companies Terms and Conditions Definitions
“Servico” – any Servico Group Company that can or could provide services under this agreement including but not limited to:
- Servico IND Limited Company No 04906973 with its registered office address at Unit J, Broadway Business Park, Hyde, Cheshire, SK14 4QF
- Servico BUILD TECH Limited 07765888 with its registered office address at Unit J, Broadway Business Park, Hyde, Cheshire, SK14 4QF
- Servico Smart Warranty Ltd 06885521 with its registered office address at Unit J, Broadway Business Park, Hyde, Cheshire, SK14 4QF
- Servico Ireland Ltd 07027406 with its registered office address at Unit J, Broadway Business Park, Hyde, Cheshire, SK14 4QF
- Servico Holdings 07766030 with its registered office address at Unit J, Broadway Business Park, Hyde, Cheshire, SK14 4QF
“Job” – a job is defined as a Servico operative attending a customer home or business address on instruction from a client to provide the service as detailed below. It is the responsibility of the client to clearly define on SmartSERV the requirements of the job and the correct instruction to the technician.
“Supplier” – any company trading with the Servico Group need to complete a new supplier form and cannot invoice without a purchase order number raised by Servico Group Company authorised person.
“Client” – the supplier, retailer or manufacturer who has entered into this agreement with Servico “Customer” – the receiver of the service as defined below.
“Customer address” – the address provided by the Client where the job will be complelted
“Service” – the service provided by Servico is defined as shown below. Pricing is agreed on a customer by customer basis and will be agreed verbally or in writing in advance of any works being undertaken or at an agreed pricing structure
“Terms and Conditions” – means these terms and conditions for the provision of the Services
“Pricing structure” – the pricing structure for the Services agreed between Servico and the client will detail the potential outcomes for a job, the costs associated with each outcome. Any job can have one or more outcomes.
1. PROVISION OF SERVICES
1.1 Servico shall supply Services to Customer with reasonable skill and care in accordance with good industry practice and shall make reasonable endeavours to meet agreed timescales.
1.2 Servico shall provide the Services at its site or at the Customer site as Servico in its absolute discretion sees fit.
1.3 Servico shall ensure that all operatives employed or working on behalf of Servico are fully competent and experienced and capable of providing the Services.
1.4 Time shall not be of the essence in relation to this Agreement.
1.5 When a job is created on the Servico system, either by the client or at the (verbal or written) instruction of the client then this shall be taken as a binding instruction from the client to Servico to proceed, and is deemed to be an authorised instruction.
1.6 The client the instruction came from will be invoiced and be responsible to pay the invoice as defined in Section 3.
1.7 Servico will take all reasonable steps to ensure that the instructions of the client as contained within the job instruction are completed.
2.1 The Services shall be deemed accepted upon completion of the technicians report, and the outcome of the visit shall be detailed within that report.
3.1 Client shall be billed for the Price on acceptance of the Services in accordance with clause.
3.2 Client will be invoiced upon completion of a job or part of a job when the job status requires further action to complete a job.
3.3 All invoices are payable within 30 days of the date of invoices, unless different payment terms are agreed in advance between Servico and Client.
3.4 The Price is subject to VAT which shall be charged to Client at the then current rate.
3.5 Servico require payment to terms as defined in Section 3. Payment must be made on time, in full, and without any deduction, set off or counterclaim.
3.6 Invoices are to be paid within the agreed terms.
3.7 Queries on invoices (consolidated or other) must be raised before the invoice due date.
3.8 A request to audit Servico invoices must be received by Servico prior to the invoice due date.
3.9 Debit notes against any invoices are not accepted.
3.10 Where the invoice query is accepted then Servico will raise credit note(s) for the agreed amount(s).
3.11 Consolidated invoices in query must be paid less the value of the invoice value under query.
3.12 Contra payments against our invoices are not accepted.
3.13 In the event that additional costs are incurred despite the best efforts of Servico, then Servico reserve the right to apply additional and reasonable costs
3.14 Failure to pay invoices within the agreed terms may result in Servico suspending access to our systems and stopping any planned jobs for the client, such suspension of access will severely restrict the clients ability to access any and all jobs completed and paid for prior to the date of suspension, and any jobs added on to the system and planned for a date after the date of suspension.
3.15 In the event that an account is outstanding, we will refer the matter to our debt collection agents, which will incur costs any costs incurred to collect the debt will be added to the debt, plus VAT at the prevailing rate. You agree that you will be legally liable to pay us that surcharge, and that payment of the same can be enforced against you in court. You also agree to pay interest at the relevant reference rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998, which interest is payable both after and before any judgment of the court and continues to accrue.
4. DUTIES OF CLIENT
4.1 Client shall provide comprehensive support to Servico during the delivery of the Services.
4.2 If the Services are provided at the client site, the client shall supply such facilities as are reasonably required to enable a servico operative to provide the Services without interruption and within the timescales detailed in the Proposal.
4.3 If the Services are provided at the customer address, the client shall ensure the customer is suitably informed to ensure that such facilities as are reasonably required to enable the technician to provide the Services without interruption and within the timescales detailed in the Proposal.
4.4 Client shall appoint a contact person to supply Servico with any necessary information and take decisions or obtain decisions from others without undue delay.
4.5 It is the responsibility of a suitably experienced and authorised employee of the client to read any and all reports in a timely manner and instruct Servico of any additional services that are required to complete a job on behalf of their customer. Any instruction of additional services that is communicated without the smartSERV system must be supported in writing via the smartSERV system
5.1 Where practicable Servico will order Spare or replacement from client, clients approved supplier or clients manufacturers.
5.2 In the event that the client or the clients approved supplier are unable to provide a Spare or replacement parts then the client authorises Servico to source, supply and fit a spare or replacement part on behalf of the client or manufacturer of the furniture item.
5.3 The client is responsible and liable for the full cost of any works undertaken and any associated costs relating to the job where a spare or replacement part has been supplied as defined in this section.
5.4 Client is liable for the full cost price and any reasonable associated costs where spare or replacement parts have been ordered by Servico following an instruction from Customer and the job is subsequently cancelled.
5.5 Servico is not responsible or liable for the loss, damage or destruction of any parts that have been shipped on the behalf of the client by Servico, except where the client has informed Servico in writing in advance of the shipment of the value of the goods and instructed Servico to arrange sufficient insurance cover for the shipment .
5.6 Servico may at its discretion pass on, in part or in full, the cost of such insurance, any reasonable administration costs and any additional costs incurred for arranging such a shipment.
5.7 The client remains liable for any other associated costs that client or customer may incur due to a lost, damaged or destroyed part, whether insured in transit or otherwise.
6.1 Servico undertakes to take all reasonable measures to ensure that any Technician providing Services at Customers address or Clients site shall comply with all reasonable regulations Customer or Client may require provided the same have first been made known to Servico or the Servico Operatives.
7.1 At the request of client Servico shall, where possible, replace any individual technician with an alternative technician of equal experience. Servico shall not be liable to client for any failure or delay in providing such alternative technician.
7.2 Neither party shall approach either directly or indirectly for a period of at least 6 months following the last day on which an Operative was employed by the other party in connection with this Agreement, any Operative of the other, with a view to offering them employment. In the context of this clause the Operative shall include a self-employed Operative providing Services on behalf of one of the parties, and employment shall include employment as an Operative or as a self-employed Operative.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All intellectual property rights relating to or connected with or arising from provision of the Services shall automatically vest in Servico, its licensors or its sub-contractors and client undertakes to execute such documentation as may be necessary to perfect the title of Servico (its licensers or sub-contractors) to such rights.
9.1 Servico shall make all efforts and complete sufficient due diligence to minimise any failed repairs.
9.2 In the event of a failed repair Servico retains the right to inspect and rectify an item where possible.
9.3 In no event shall Servico be liable to Customer or to any third party for loss of profits or special, indirect or consequential losses or damages.
9.4 Except where items are damaged beyond repair due to the proven negligence of Servico, it is agreed that Servico will not be responsible for the cost of replacement items
10.1 The parties hereto shall keep confidential the trade and business secrets of the other and all other information designated and notified to one by the other as confidential, obtained under or in connection with this Agreement. Neither party shall have any such obligation with respect to information which is already in its possession, is independently developed, is lawfully obtained from a third party with no restriction on disclosure or is or becomes publicly known through no wrongful act of such party.
10.2 The parties shall require their employees, sub-contractors (where appropriate) and any authorised third parties having access to such confidential information, to adhere to the obligations set out in clause 10.1.
11.1 This Agreement shall terminate immediately in the event of a material breach by Customer of any of the provisions herein not rectified within 7 days of written notice from SERVICO requesting rectification of the same.
11.2 In the event of termination of this Agreement for any reason whatsoever, all property in the possession of either party and belonging to the other shall forthwith be returned and any sums due and owing to Servico pursuant to clause 3 shall remain a debt due to Servico under the terms of this Agreement which shall be deemed to continue in respect thereof until full payment has been made by client to Servico.
11.3 In the event of termination of this Agreement for any reason whatsoever Servico reserve the right to remove access to the smartSERV system.
12. SECURITY OF INFORMATION
12.1 The client is responsible for the security of user names and passwords provided by Servico for the sole purpose of accessing the smartSERV system.
12.2 It is the responsibility of the client to advise Servico, in a timely manner, of any changes required to a user name or password.
12.3 Servico is responsible for maintaining sufficient processes and procedures to ensure the ongoing security of the user name and passwords for the client users.
12.4 It is the duty of the client to ensure that any and all information contained within any and all reports is stored in line with their own internal policies and procedures and that any security failures are immediately communicated to Servico.
12.5 It is the duty of Servico to ensure that any and all information contained within any and all reports is stored in line with Servico internal policies and procedures and that any security failures are immediately communicated to key personnel.
Copyright © 2011 Servico. All rights reserved.
Neither this document nor any part of it may be copied or reproduced in any form or by any means without the prior written consent of Servico IND Ltd, Servico BUILD TECH LTD or any other Servico Group Company. The information contained in this document is subject to change or revision without prior notice.Back