Terms and Conditions

These terms apply whenever ENZEC Limited provides goods and services for customers

  1. Quotation
    Our quotations remain available for one calendar month. Prices we quote are based on the cost of labour, materials, customs duties, sales tax, transport charges, marine insurance rates and any other government charges we have to pay from time to time. If between the dates of quotation and completion of the work there are variations in these costs the quoted prices will be subject to amendment to provide for such variations. For labour escalations, base rates will be taken as minimum award rates together with a margin of twenty five percent as set by the relevant union of workers.

  2. Payment
    You agree that any progress payments will be paid on the 20th of the month following the invoice. Any maintenance retentions are to be paid fourteen days after completion of the contract; any failure to make these payments without any deductions whatsoever on the specified due dates shall attract interest at the rate of 3% above our trading bank overdraft account.

  3. Force Majeure
    We cannot accept any responsibility or liability for the delay or damage caused directly or indirectly by weather conditions, labour disputes, strike, lockout, accident, fire, act of God or the Queen’s enemies, epidemic, blockade, embargo, inability to obtain fuel, power, raw materials, labour, transportation facilities, governmental laws or regulations, labour or civil commotion, riots, crime, or any event (whether of a similar or dissimilar nature) that are beyond our control.

  4. Ownership
    It is a condition of the contract that the above mentioned system and works and all it’s component parts and appurtenances shall remain our sole and absolute property until the contract price, together with all moneys and interest (if any) payable for extras or other work done (if any) shall have been paid without any deductions whatsoever and upon default in payment of any progress, final or other payment as and when due, we may at our discretion, with servants, workmen and others, enter upon any premises in which the installation of parts or parts thereof may be and remove the same or any parts or any goods to the value of the work done and turn off water and perform any act reasonably necessary to facilitate such removal and without any liability for any loss or damage occasioned thereby and without prejudice to our other rights under this contract or otherwise at law.

  5. Facilities
    You agree to provide at your cost sufficient safe storage for our materials and working space required for the efficient performance of our work. You also agree to provide at your cost the uninterrupted use of light, electricity or other power and other facilities as we may reasonably need, including use of telephone and goods and passenger lifts, hoists and builders’ scaffold, if such facilities exist.

  6. Overtime
    Unless specifically stated otherwise, our quote provides for work to be done on week days during normal working hours and should it become necessary to work on other days or after and/or before such hours at your request owing to machinery in motion, public congestion or other circumstances rendering impracticable or hazardous the carrying out of this work during such ordinary working hours, you agree to be liable and pay extra cost.

  7. Extras
    Whenever any alteration or addition to the building, equipment, appliances, fittings or fixtures after our survey or by any alteration made to the plans the quote was based on, or by any delay in the continuity of the work caused by any act or default on your part, an extra cost will be incurred to the contract.

  8. Damage to Property
    Any damage happening to the/your property during the work of installation and directly caused by our negligence or default shall be made good only if reported to us in writing immediately after it’s occurrence. Any claim is limited to the maximum amount payable under our Public Liability Insurance.

  9. Arbitration
    If there should be any dispute or difference arise between us as to the construction of the contract or as to any matter or thing or whatsoever nature arising thereunder or in connection therewith then such dispute or difference shall be referred to arbitration in accordance with the provisions of the Arbitration Act 1908 and its amendments or any similar Act for the time being in force.

  10. All Goods and Services Acquired for Business Purposes
    You warrant that in terms of Section 43 of the Consumer Guarantees Act 1993, you are acquiring our goods and services supplied under this Agreement for the purposes of a business and as a result of this warranty it is agreed that the provisions of the Consumer Guarantee’s Act 1993 shall not apply to this Agreement.

  11. Use of Information
    You agree that we may obtain information about you or any other person (including any credit or debt collection agencies) in the course of our business, and you consent to any person providing us with such information. You agree that we may give any information we have about you relating to your credit worthiness to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes. In addition, any other information collected by us about you is assessed or collected for use in the course of our business, including direct marketing activities and you authorise us to use this information for these purposes. You must notify us of any change in circumstances that may affect the accuracy of the information provided by you to us. If you are an individual, i.e. a natural person, you have rights under the Privacy Act 1993 to access and request the correction of any personal information which we hold about you.

  12. Variation
    These terms shall not be varied unless agreed by both parties in writing.

 

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