Terms & Conditions
Terms and Conditions of Business
Article 1
Formation of Contract
1. These conditions of contract will constitute the only terms of contract between TTP Elements Limited and the client irrespective of any prior correspondence or dealings or any conditions appearing on or forming part of the Client order.
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Article 2
Exceptions
1. Where an engineer is called to site for a repair and the call is deemed to be as a result of negligence or deliberate act or where we have attended the machine before and advised that action is required and that action has not taken place then the engineers visit will be deemed chargeable.
2. Non-consumer fault contracts will be subject to a call-out fee and, where necessary a charge for parts will be applied. All labour costs for such contracts will however be waived if the fault is deemed to be a non-consumer error.
3. Any Parts used to affect the repair will be chargeable. Where TTP Elements is unable to source parts required for a repair, the client is responsible for obtaining said parts from the Manufacturer.
4. Response times for services deemed to be emergencies will be attended to as agreed between the customer and TTP elements Limited.
5. Where an engineer is kept waiting to access the faulty equipment due to production or other reasons the time classed as waiting time will be charged at our standard hourly rate.
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Article 3
Planed Preventive Maintenance (PPM), also known as a Service
1. PPM will be carried out on site by a qualified TTP Elements Limited service engineer and will cover the items outlined in the PPM schedules, provided all items are in-line and operational at the time of the visit. The frequency of PPM visits will be as detailed in the agreed quote / agreement. The frequency of PPM visits will be as detailed in the agreed quote / agreement.
2. Where a follow-up visit is required to service any machinery that could not be serviced because they were not operational or in-line, further charges will apply.
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Article 4
Major Repairs and Overhauls
1. Major repairs and overhauls, including damage caused by negligence, misuse, water ingress or excessive heat, are not included in any contract. The TTP Elements Limited service engineer shall decide in his absolute discretion if the equipment needs major repair or overhaul and if so shall notify the client. The client may also request a major repair or overhaul without regard to the judgement of the TTP Elements Limited service engineer. Major repairs or overhauls shall be charged to the client on the basis of time and material or as otherwise agreed.
Article 5
Suspension
1. The TTP Elements Limited service engineer is instructed to recommend in his absolute discretion that equipment be withdrawn from use pending repair and enter such a recommendation in his report. The responsibility for withdrawing the equipment from service shall be that of the Client who shall be solely and fully responsibly for any consequences, which may arise from not promptly implementing the recommendation of the TTP Elements Limited service engineer.
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Article 6
Other Manufactures Equipment
1. The TTP Elements Limited Service Engineer is not authorized to service equipment other than that maintained by TTP Elements Limited and included in the service agreement schedule of equipment.
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Article 7
Alterations and Modifications
1. TTP Elements Limited reserves the right to refuse to service equipment which in the sole opinion of the TTP Elements Limited service engineer which is unsafe to operate either mechanically or electrically and or has been modified, altered or serviced other than by TTP Elements Limited and he so shall note on his service report. Repairs and service on such equipment or other work outside the scope of the maintenance agreement may be carried out at the request of the Client, subject to the specific approval of TTP Elements Limited and will be charged on the basis of time and materials.
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Article 8
Service Report
1. The TTP Elements Limited service engineer shall submit a written report detailing work carried out and parts used during the visit. This will be submitted to an authorized member of the customer’s staff for signature.
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Article 9
Working Conditions
1. The Client will make the equipment available to the TTP Elements Limited service engineer during the agreed coverage hours in a clean condition and will provide the TTP Elements Limited service engineer with a clean, well-lit area where the work can be carried out safely and will if so requested provide at the Clients cost such skilled assistance as shall be reasonably requested by the TTP Elements Limited service engineer, in accordance with the requirements of the Health & Safety Acts effective in the country of service.
Article 10
Validity
1. This maintenance agreement is valid for a period of twelve months from the date of issue unless otherwise stated. An invitation to renew will be issued by TTP Elements Limited one month prior to expiry and the maintenance agreement shall be construed as automatically renewed for a further twelve-month period at the rates then quoted unless the Client shall give Notice of Termination in writing not less than 30 days from the date of issue of such invitation to renew. TTP Elements Limited reserves the right to increase prices during the term of this maintenance agreement on giving not less than 30 days’ notice in writing.
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Article 11
Payment
1. The maintenance charge shall be payable in accordance with the terms set out on the contract and invoice. Invoices for parts or spares will be rendered following each service visit and payment is due within 30 days of the date thereof. Parts/spares used during the visit will be charged according to the current TTP Elements Limited spares price list. All rates quoted are exclusive of VAT which will be charged at the rate in force at the time of rendering the invoice.
2. Rates for 2024/2025 are as follows
Monday – Friday 8am to 5pm:
£300 call out fee, which includes 1 hour of labour. £50 per hour thereafter.
Any times out of these hours will be classed as ‘Out of hours’ rates and charged as such:
£450 call out fee, which includes 1 hour of labour. £90 per hour thereafter.
3. TTP Elements Limited reserves the right to withhold service visits due under the terms of this maintenance agreement if maintenance charge or invoice payments fall overdue, on giving written notice of its intention to do so and in the event of the bankruptcy, liquidation or receivership of the Client.
4. Invoice payments that fall overdue by more than 14 days will incur late fees of £20 per week for every week that the invoice is overdue after the 14th day.
5. The cost of training shall be payable in advance and dates for SME Level courses must be booked within 12 months of the invoice date. TTP Elements Limited reserves the right to withhold training if dates are not secured within 12 months of the invoice date.
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Article 12
Additional equipment
1. Additional equipment may be added to the schedule within the maintenance agreement by agreement between the Client and TTP Elements Limited at rates to be agreed.
Article 13
Liability
1. Whilst every effort will be made to respond to service visits in line with the maintenance agreement, time shall not be the essence of this contract and TTP Elements Limited shall not be liable for any loss or damage which may result from delayed response.
2. In no event shall TTP Elements Limited’ liability under the maintenance agreement whether arising as a result of breach of contract or tort including negligence include any special, indirect, incidental or consequential damages or claims for loss of business or loss of profits even if TTP Elements Limited shall have been advised of the possibility of such loss or damage.
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Article 14
Law
1. This agreement shall be governed and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English Civil Courts.
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Article 15
Termination
1. A three month written notice is required to cancel the contract