Terms & Conditions
1.1 These Terms and Conditions apply to all contracts between DWM Technical Solutions Ltd. (DWM) and the Client. No alteration to these Terms and Conditions shall be binding upon DWM unless agreed in writing by DWM.
2.1 DWM’s Fee is not affected by any Term or Condition included in the contract or letter or appointment, or a decision by the Client not to proceed with the work, after DWM has received the customers/clients acceptance.
2.2 If an order for planned works has been received and subsequently cancelled less than 48 hours before commencement of works then the client shall be liable for 100% of hardware and or software purchased on their behalf plus 25% of the expected labour works as per quotation
2.3 DWM’s total Fee is not refundable.
3.1 Should a Client require DWM to carry out additional work not quoted for. Expenses will be agreed with the Client prior to expenditure and all such expenses are due from the Client to DWM within 30 days of completion.
4.1 Sums invoiced are payable in full within 30 days from the invoice date.
4.2 DWM reserves the right to charge interest at 4% above Nat West Bank base lending rate from time to time on any overdue sum until paid in full.
4.3 DWM reserves the right to recover from the Client all direct expenses reasonably incurred by DWM in the collection of any overdue sums.
4.4 Any invoice not challenged in writing within 10 days of the invoice date shall be payable in full, save in cases of manifest error in calculation.
5.1 In the event of DWM working as a sub-contractor to a sub-contractor. DWM reserve the right to recover outstanding monies directly within chain of command (1) Main Contractor (2) customer.
5.2 Should funds be unreasonably withheld by either the Main Contractor or Sub Contractor DWM reserve the right to challenge the customer directly.
5.3 In the event of a Contractor in Liquidation DWM reserve the right to recover monies due in respect of works carried out by DWM directly from the customer.
5.4 DWM reserve the right to use the services of a sub-contractor for the deployment of specialist services outside their scope of works and as such the sub-contractor will accept responsibility for the works as agreed and as according to the remit.
6.0 RETENTION OF TITLE
DWM reserve the right to retain ownership of all goods and materials used in completion of the works carried out and completed as per our clients/customers specified order if the invoice relating to that order remains unpaid after DWM’s normal terms of trading or the payment terms as stated on DWM’s respective invoices relating to those works carried out to completion.
7.1 Where appropriate DWM will issue a Certification of Work. On these occasions provided that the Certificate can be produced and the fault is proved to have occurred through the workmanship of DWM the problem will be rectified.
7.2 In the event of a Client being dissatisfied with the work carried out DWM retain full rights to put right the problem, no other contractor shall be involved in any rectification. Any additional expenses to be agreed between DWM and the Client. Provided always that this guarantee takes effect only where all invoices have been duly paid by the Client in accordance with these Terms and Conditions and that otherwise this clause shall be void and have no effect.
8.1 DWM is not liable for any loss, expense, damage or delay arising from failure to provide its service or from negligence, dishonesty, lack of skill or misconduct of a DWM Engineer/Worker or any member of DWM’s staff. DWM does not exclude liability for death or personal injury arising from its own negligence.
8.2 DWM’s Engineers/Workers are deemed to be under the supervision, direction and control of the Client/Sub Contractor immediately they report to take up their duties and for the duration of the Assignment. The Client/Sub Contractor agrees to be responsible for all acts, errors or omission of the DWM Engineer/Worker, whether wilful, negligent or otherwise. The Client/Sub-Contractor will also comply in all respects with all statutes, including Working Time Regulations, by laws, codes of practice and legal requirements to which the Client/Sub Contractor is subject in respect of own staff. The Client/Sub Contractor must also provide adequate Employer’s and Public Liability Insurance cover during all assignments and shall advise DWM of any special Health & Safety requirements. The Client/Sub Contractor will assist DWM to comply with the Working Time Regulations. The Client/Sub Contractor shall indemnify DWM against any costs, claims or liabilities incurred by DWM arising out of any Assignment and/or as a result of breach of these Terms & Conditions by the Client/Sub Contractor.
8.3 DWM will not accept any business interruption costs due to any contract over running because of H1N1 virus.
9. DRAWINGS AND DESIGN
DWM’s Drawings and Designs are produced for works carried out under DWM’s own Project Management. DWM exclude liability if any Client, Contractor or Sub-Contractor uses a DWM design or drawing for their own installation or specialism, with or without DWM consent. External services should carry out their own assessment for provision of works and be satisfied with the structure and design of the service, product and workmanship for which they are responsible.
10. HEALTH & SAFETY
10.1 DWM adhere to guidelines of the Health and Safety at Work Act 1974. It is the policy of DWM to ensure that responsibilities for Health and Safety are properly assigned, accepted and fulfilled at all levels. DWM do not take responsibility for any lack of Health and Safety provision, notification or interpretation by the Client/Sub Contractor.
10.2 It shall be the duty of each and every employee of DWM at work to take reasonable steps for the health and safety of themselves and others who may be affected.
10.3.1 All accidents and dangerous occurrences must be notified immediately to DWM Head Office. All accidents causing injury and dangerous occurrences will be notified in accordance with RIDDOR.
10.4 COSHH regulations to be followed at all times.
11. DATA PROTECTION
11.1 DWM complies with Data Protection in line with the EU Data Protection Directive (95/46/EC) and the EU Telecommunications Data Protection Directive (97/66EC). (DWM Document 118). DWM’s Client, Company, Contractor, Customer or Individual, accept that for Project Management, Scheduling and Resources that their company or individual details will be entered on a web based software programme.
11.2 DWM do not accept liability for any information being misused or unlawfully accessed.
12. REMOTE ACCESS
These Terms and Conditions confirm the Clients authorisation that if contacted to assist with a problem the Client authorises DWM Technical Solutions Ltd to remotely access systems and data through their computer(s) in order to provide support services (the “Remote Support Services”). Using remote control software, DWM will have the ability to take control of the computer and evaluate reported support issues. DWM support representative will have the option, in his or her sole discretion and judgment, to take one or more actions, including, without limitation, the following:
12.1 If the problem resides with the software configuration of the computer, and can be corrected, DWM will use reasonable efforts to make the necessary changes to the configuration.
12.2 The Client understands and acknowledges that in some cases DWM may not be able to correct the reported support issue.
12.3 The Provision of the Remote Support Services is provided ‘as is’ and ‘as available’. DWM disclaims any and all warranties with respect to the Remote Support Services.
12.4 The use of Remote Support Services does not relieve the client of their responsibility to maintain and verify the accuracy and completeness of data.
12.5 DWM TS Ltd shall not have any obligations or be liable for the following; (a) errors, omissions, defects, deficiencies in, or nonconformity of, any data modified by changes; (b) claims in tort, whether or not arising in whole or in part from DWM’s fault, negligence, strict liability or product liability; and (c) claims for any indirect, incidental, special or consequential damage or for any loss of data, service, profit or use.
12.5 DWM reserves the right to discontinue Remote Support Services to you at any time.
13. PRODUCT, SOFTWARE, INSTALLATION AND SUPPORT
Hardware and Software will be sourced, installed and supported based on the Client requirement and compatibility and subject to the quotation as agreed. DWM will use their best endeavours and expertise to install as per the agreed requirement but exclude liability for any loss of data, service profit or use.
13.1 Individual support agreements, licences and quotations apply in each circumstance.
The Terms of trading as outlined are DWM’s sole General Terms and Conditions of Business, any terms which may conflict with, or diverge from these terms and conditions of trade cannot be accepted.
Last Updated 08.07.2014