The following terms and conditions shall apply to and are incorporated into the quotation (referred to in these terms and conditions as the “Quotation”) and shall apply unless expressly modified or excluded in writing and signed by ArchiTech IT Services.
Nothing in these terms and conditions shall affect the Client’s statutory rights.
The Client’s attention is drawn to the limitation of ArchiTech IT Services’s liability in clause 8.
“Client” means the individual, legal person, entity or organisation specified in the Quotation or Online Order who buys or agrees to buy goods and services from ArchiTech IT Services under the Contract;
“Contract” means the contract between the Client and ArchiTech IT Services to carry out the Works or Supply of Goods on the terms set out in the Contract Documents;
“Contract Documents” means the Quotation or Online Order, these terms and conditions, any specification, bill of quantities, plans or drawings and any other document referred to in the Quotation or agreed in writing between the Client and ArchiTech IT Services to be a Contract Document;
“Contract Price” means the price to be paid by the Client for the Works or Supply of Goods as set out in the Quotation and payable in accordance with clause 3 (Payment) of these terms and conditions;
“Goods” means all goods, plants and other materials supplied by ArchiTech IT Services to the Client for or in connection with the Works and through an Online Order; “Site” means the location where the Works are to take place or Goods are to be supplied to;
“ArchiTech IT Services” means ArchiTech IT Services Ltd, a company limited by guarantee registered in England and Wales with company number 16194398 at registered office 15, Bell Street, Reigate, Surrey, RH2 7AD.
“Works” means the Service or Support and any Goods provided and supplied by ArchiTech IT Services to the Client as specified in the Contract Documents.
Any reference in these terms and conditions to a communication or agreement being “in writing” shall include communication or agreement by email or other electronic communication. For these purposes the email address for ArchiTech IT Services is info@architech-it.uk and the email address for the client shall be as specified in the Quotation or as otherwise notified to ArchiTech IT Services.
2.1 The Quotation shall remain valid for a period of two calendar months after the date of the Quotation and thereafter lapses automatically.
2.2 The Contract shall come into existence upon the Client and ArchiTech IT Services both signing a copy of the Quotation or otherwise indicating in writing their acceptance of the Quotation.
2.3 In the event of any inconsistency between these terms and conditions and the wording of the Quotation, the wording in the Quotation shall prevail.
3.1 Payment of the Contract Price will be due from the Client on the terms and at the times set out in the Quotation.
3.2 All amounts payable by the Client under the Contract are inclusive of amounts in respect of value added tax chargeable from time to time (VAT) (This will apply once ArchiTech IT Services Ltd are VAT registered).
3.3 Without limiting any other right or remedy of ArchiTech IT Services, if the Client fails to make any payment due to ArchiTech IT Services under the Contract by any due date for payment (the “Due Date”), ArchiTech IT Services shall have the right to charge interest on the overdue amount at the rate of 2% per cent per annum above the then current base rate of the Barclays Bank accruing on a daily basis from 14 days after the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
4.1 ArchiTech IT Services shall carry out and complete deliveries
4.2 ArchiTech IT Services shall carry out and complete the Works using reasonable care and skill and in accordance with the Contract.
4.3 ArchiTech IT Services shall have the right to make any changes to the Works which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Works, and ArchiTech IT Services shall notify the Client in any such event. In the event such changes result in an increased cost to ArchiTech IT Services, clause 6.1 shall apply.
4.4 ArchiTech IT Services will carry out a Site risk assessment and will carry out the Works in accordance with all applicable Health and Safety regulations. ArchiTech IT Services will take reasonable steps to minimise environmental disturbance, nuisance and pollution.
4.5 ArchiTech IT Services shall have no liability (on any basis whatsoever) to the Client if ArchiTech IT Services is required to suspend work either on a temporary or permanent basis to comply with any applicable law or safety requirement. Notwithstanding the foregoing, the Client shall remain liable to pay for any Works performed by ArchiTech IT Services up to (and including) the date of suspension.
4.6 Subject to clause 4.7 and 4.9, ArchiTech IT Services warrants that on completion of the Works, all Goods:
(a) conform in all material respects to their description in the Contractual Documents
(b) are of a satisfactory quality
(c) are fit for the purpose and the conditions of the Site
(d) are free of material defects in design, material and workmanship; and (e) comply in all material respects with all applicable statutory and regulatory requirements
4.7 The warranty in clause 4.6 does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by the Client or a third party, use of the Goods in a way other than as recommended by ArchiTech IT Services, failure of the Client to follow instructions given by ArchiTech IT Services or any alteration or repair carried out by the Client without ArchiTech IT Services’ prior written approval.
4.8 In the unlikely event that any of the Goods do not conform to these terms and conditions, the Client should let ArchiTech IT Services know as soon as possible after completion of the Works. ArchiTech IT Services will arrange for a date convenient for both the Client and ArchiTech IT Services on which to come and inspect the relevant Goods and, once ArchiTech IT Services has confirmed the relevant Goods contravene these terms and conditions, ArchiTech IT Services will replace or repair them (as appropriate).
5.1 The Client undertakes to obtain any and all necessary planning or other consents and permissions (including, where necessary, permission for access to or over any adjacent or neighbouring land or buildings and the consent of the owners or occupiers of any adjacent or neighbouring land or buildings) for the Works and to fulfil any statutory requirements necessary for or relating to the Works. The Client agrees to reimburse ArchiTech IT Services on demand for any and all costs and expenses (including, but not limited to, loss of profit or indirect or consequential loss) reasonably incurred by ArchiTech IT Services as a result of the failure of the Client to comply with its obligations under this Clause 5.1.
5.2 The Client warrants that the Site is free from springs, flooding, rock, tree stumps not specifically to be removed, mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drains, foundations of former buildings archaeological remains and/or relics or other hazards or obstructions which are not discoverable on visual inspection of the surface of the Site or made known in writing by the Client to ArchiTech IT Services prior to the date upon which ArchiTech IT Services commences the Works.
5.3 If applicable, all underground services (including, but not limited to, water pipes, electricity cables, sewers, or telecommunication cables) near to the works must be accurately identified to ArchiTech IT Services in writing before ArchiTech IT Services commences the Works. To the maximum extent permitted by law, ArchiTech IT Services accepts no liability for any damage to such services as a result of or arising from the Works.
5.4 The Client agrees to provide ArchiTech IT Services, its employees, agents, consultants and subcontractors (as applicable) with access to: (a) the Site during the hours of 7.30a.m. to 6.00p.m. on Monday to Friday (inclusive) for the duration of the Works, and at any time outside of those hours as may be agreed between the Client and ArchiTech IT Services from time to time; and (b) mains electricity and water necessary to carry out the Works. The Client agrees to bear the cost of any such water and electricity used by ArchiTech IT Services.
5.5 The Client agrees to provide such information to ArchiTech IT Services as ArchiTech IT Services may reasonably request for the purposes of fulfilling its obligations under the Contractual Documents.
6.1 Without prejudice to clauses 4.2 and 4.7, if the cost to ArchiTech IT Services of undertaking the Works materially increases as a result of an increase in the price of materials, rates for wages, other charges or costs, the price of labour, or other services required for completion of the Works, ArchiTech IT Services will notify the Client before undertaking any work to which the material increase applies. In such circumstances, ArchiTech IT Services and the Client will seek to reach agreement in writing as to an appropriate increase to the Contract Price to reflect the increase in cost to ArchiTech IT Services. If an agreement in writing is not reached between the Client and ArchiTech IT Services within a reasonable time, ArchiTech IT Services has the right to discontinue the Works and the Client agrees to pay ArchiTech IT Services all costs ArchiTech IT Services has reasonably and properly incurred in fulfilling the Contract prior to the date on which ArchiTech IT Services discontinues the Works.
6.2 Subject to clause 6.3, and unless otherwise specified in these terms and conditions, changes to the Contractual Documents may be agreed orally between the Client and ArchiTech IT Services.
6.3 Any material changes to the Contractual Documents must be agreed in writing between ArchiTech IT Services and the Client.
7.1 ArchiTech IT Services agrees to use reasonable endeavours to undertake the Works on the dates and at the times specified in the Quotation.
7.2 ArchiTech IT Services shall use reasonable endeavours to complete or undertake the Works within a reasonable time or, if applicable, by the dates and times specified in the Quotation; however, any specific dates or times for completion of or undertaking the Works in the Quotation shall be an estimate only and ArchiTech IT Services shall not be liable for any failure to complete or undertake the Works by the dates or times (if any) specified in the Quotation.
7.3 ArchiTech IT Services will not be liable for any failure to perform, or delay in the performance of, its obligations under the Contract if any such non-performance or delay arises from severe weather conditions; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; the failure of the Client to perform its obligations under Clause 5.1 or the existence of any of the items or conditions referred to in Clause 5.2; strikes, lockouts, war, civil commotion, riot, terrorist attack or threat of terrorist attack; impossibility of the use of railways, motor transport or other means of public or private transport; or any acts, decrees, legislation, regulations or the restrictions of any government or branch thereof. In any of the circumstances listed in this clause 7.3, ArchiTech IT Services and the Client shall agree an appropriate extension on time for completion of the Works.
Other than in the case of death or personal injury caused by ArchiTech IT Services’s negligence; fraud or fraudulent misrepresentation; or any other matter for which it would be illegal or unlawful for ArchiTech IT Services to exclude or attempt to exclude its liability, ArchiTech IT Services shall under no circumstances be liable to the Client for any loss of profit or any indirect or consequential loss arising under or in connection with the Contract.
All goods or other materials brought on Site by ArchiTech IT Services, which are in excess of those required for the Works, shall remain the property of ArchiTech IT Services. The Client agrees to allow ArchiTech IT Services access to the Site, upon ArchiTech IT Services giving reasonable notice to the Client, to remove such goods and materials.
Following completion of the Works, the responsibility for the proper maintenance of the Site passes to the Client and, unless otherwise agreed in writing between ArchiTech IT Services and the Client, ArchiTech IT Services has no obligation to maintain the Site following completion of the Works.
11.1 Without prejudice to any rights that have accrued under this agreement or any of its rights or remedies, either party may terminate the Contract with immediate effect by giving written notice to the other party if the other party fails to pay any amount due under the Contract on the due date for payment and remains in default not less than 14 days after being notified in writing to make such payment.
11.2 If the Quotation provides a date on which the Contract shall terminate, the Contract shall continue unless terminated in accordance with these terms and conditions (or as otherwise agreed in writing between the Client and ArchiTech IT Services) until such date when it shall terminate automatically, provided that any rights which have accrued up to the date of termination shall survive such termination.
11.3 If specified in the Quotation, and without prejudice to any rights that have accrued under the Contract or any of its rights or remedies, either party may terminate the Contract on giving not less than 4 weeks’ written notice to the other party.
11.4 The Client may, at any time prior to 7 days before the commencement date for the Works specified in the Quotation, cancel the Contract by providing ArchiTech IT Services with written notice. ArchiTech IT Services will return the Client’s deposit (if any) within 7 days after receiving such notice. If the Client gives written notice that they wish to cancel the Contract 7 days or less before the commencement date for the Works specified in the Quotation, ArchiTech IT Services shall not be required to return any deposit paid by the Client to ArchiTech IT Services or, if no deposit had been paid, the Client agrees to pay all costs ArchiTech IT Services has reasonably and properly incurred in fulfilling the Contract prior to the receipt by ArchiTech IT Services of such notice.
Images and photographs on the ArchiTech IT Services website, whether they have been provided to ArchiTech IT Services by suppliers or created by ArchiTech IT Services are used to represent the style of the product only.
While we do our best to make sure that the information on the ArchiTech IT Services website is correct, we cannot always guarantee 100% accuracy and completeness of the material. If you are in any doubt about the product / service information on our website whilst making your purchase decision please contact us on 01798 300200 / enquiries@architech-it.uk.
The copyright and other intellectual property rights in all material on the ArchiTech IT Services website including but not limited to graphic images and photographs are owned by us or our suppliers. Unless you have our prior written permission, no part of this website may be reproduced in any other website, stored or included in any public or private electronic retrieval system.
Private individuals are permitted to print and/or download extracts from the ArchiTech IT Services website for personal private use only as long as:
(a) documents or related graphics on the ArchiTech IT Services website are not modified in any way
(b) graphics on the ArchiTech IT Services website are used only with accompanying text and not separately
Any rights not expressly granted in these terms are reserved.
If you breach any of these terms you will automatically forfeit your permission to use this website and you must destroy any extracts you have downloaded or printed from the ArchiTech IT Services website immediately.
14.1 Service Access
Although we do our best to make sure that the ArchiTech IT Services website is normally available 24 hours a day, we will not be liable if this website is unavailable for any period at any time for any reason. Please note that access to this website may be suspended for a while without notice for maintenance or repair and in the event of system failure or any other reasons beyond our control.
14.2 Additional Terms and Conditions
The Contract constitutes the entire agreement between the Client and ArchiTech IT Services. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of ArchiTech IT Services which is not set out in the Contract.
No person who is not a party to this agreement has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
If any court or competent authority decides that any of the provisions of the Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
The Contract and any non-contractual obligations arising under or in connection with it are governed by and construed in accordance with laws of England. Both the Client and ArchiTech IT Services hereby submit to the exclusive jurisdiction of the English Courts.
