- Client – a person or organisation who agrees to buy into the service offered from a given supplier, in this instance, Qcom.
- Conditions – referring solely to the Terms and Conditions set out by Qcom Ltd within the Qcom website which is agreed to and adhered by both employees and clients alike.
- Services - the work set out and offered to the client, mentioned by Qcom within the website which is agreed to upon sign up.
- Price - the price for works done (excludes VAT) for the client and client's business.
- Supplier – Qcom Ltd, 18 Soho Square, London, W1D 3QL
- The Terms and Conditions mentioned here apply only to Qcom Ltd and is to include all contracts for the supply of services from us to the client.
- Submission of a contract, complete with a client signature on any service document provided shall be deemed as conclusive evidence of the said client's acceptance of these Terms and Conditions.
- Variations of Conditions may apply, this may include the introduction of special terms which are to be agreed by both parties but shall be inapplicable unless agreed in writing by the Supplier prior to doing so.
- The Supplier's agents are in no way authorised to make any representation concerning the services supplied unless confirmation handed directly to them and made clear by the Supplier in writing.
- On entering a contract with Qcom Ltd, clients are asked to acknowledge that the company does not rely on and waives any claim for breach of any representations which are not yet confirmed.
- Any error identified within these quotations, price lists, acceptance of offers, invoices or any other documentation issued by the Supplier shall be subject to correction without liability being given to Qcom.
- Please note, nothing in these Conditions should or will go on to affect the statutory rights of the Client.
- The description of all services being undertaken, and parts required, if deemed necessary, are to be outlined in full as mentioned throughout the Qcom website by our teams.
Warranty and Liability
- Subject to the limitations upon the liabilities set out below, the Supplier (Qcom Ltd) warrants to the Client that:
- The Supplier's liability in respect of works being carried out and/or materials supplied under any conditions, warranties or other terms whether expressed or implied or otherwise shall be subject to the following:
- Where a written guarantee or warranty is given by the Supplier, the Supplier's liability shall be limited to the terms of a guarantee or warranty; and shall in any event be limited to the initial contracted price agreed.
- The Client shall give notice to the Supplier as soon as it they are reasonably able upon becoming aware of a breach of the warranty.
- The Supplier will act as soon as is reasonably possible, to investigate all alleged breach of warranty claims. In the case of any breach of warranty, shall remedy the same free of charge by carrying out further repairs, modifications or alterations to the Equipment as may be necessary or in its absolute discretion the Supplier may refund to the Client the price, provided that in such circumstances the Supplier shall be discharged in full from all its obligations under the strict terms of this agreement.
- In the case of an emergency, which in the reasonable opinion of the Supplier requires, this will require immediate action. The obligations of the Supplier to remedy the breach of warranty shall be discharged between the hours of 09.00am to 5.30pm Monday to Friday (Bank and other public holidays excepted as per UK rules).
- The Supplier shall have no liability to remedy a breach of warranty where such breach arises as a result of any of the following circumstances:
- Improper use or neglect whether accidental, malicious or otherwise of the Equipment.
- Alterations, modifications or adjustments of Equipment used by any person other than the supplier's team.
- Failure of the Client to implement recommendations in respect of Equipment.
- Breach by a Client of any obligations under this agreement.
- Subject to the foregoing, except for conditions and warranties implied by statute, all conditions, warranties and undertakings expressed or otherwise in respect of the service are hereby excluded.
Limitation of Liability
- The following provisions will set out the full Supplier's liabilities. Includes Liability for any acts or omissions of its agents and third-party sub-contractors to the Client in respect of:
- breach of contractual obligations.
- representation, statement or acts of omission and negligence being reported under or in connection with the prior Agreement.
- Any act or omission on the part of the Supplier, its agents or use of any third-party sub-contractors falling within sub clause 6.1 above shall, for the purposes of this clause, be known as "an event of default."
- The Suppliers liability to the Client for cause of death or injury resulting from its own staff or third-party sub-contractors negligence, and/or damage suffered by the Client as a result of the implied undertakings, shall be limited to damages of an amount agreed to on the initial contract with the Client.
- In the case of any other event of default the Supplier's entire liability shall be limited to the agreed price only.
- The Client acknowledges that all parts supplied to it in the provision of any services undertaken by Qcom Ltd are not manufactured by the Supplier. In the case of any defect arising to any of the parts the Client agrees that in consideration for the Supplier in using its reasonable efforts to obtain a replacement part(s), the Client will not make any claim against the Supplier in respect to reported defects.
Title and Risk
- The parts installed as part of the services supplied by Qcom Ltd shall be at the Clients risk as from installation.
- Despite installation having been made, property in the parts shall not pass from the Suppliers until the Client has passed over the price plus VAT in full, with no other sums being due from the Client to the Supplier. The Client then agrees that prior to the payment of the price and the VAT the Clients will hold the parts upon trust for the Suppliers who may enter the Clients premises and can remove them at any time.
- The Supplier will not be liable for a breach of its obligations hereunder resulting from cause beyond its reasonable control including, but not limited to, fire strikes, insurrectional riots, embargoes, container shortages, wrecks or delays in transportation, inability to obtain supplies and raw materials, requirements or regulations of any civil or military authority.
- A claim by the Supplier regarding a breach or default of any of the mentioned Terms and Conditions by the Client shall not be construed as a waiver of any succeeding breach involving the same incidents.
- Any notice request, instruction or other valid document given hereunder shall be delivered or sent by first class post to the address of the other party initially set out in the aforementioned Agreement (or such other address as may have been notified) and any such notice or document will be deemed to have been served at the time of delivery (if sent by post) upon the expiration of a forty-eight hour period after posting.
Invalidity and Severability
- If any provision in this Agreement shall be found by any body of justice to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the provision of the prior Agreement. Therefore, all provisions not affected by these shall remain in full force and effect for the Client.
- This Agreement shall be effectively governed by and construed in accordance with the full English law. Parties must agree to submit to the non-exclusive jurisdiction of English Courts.
Joint and Several Liability
- If the Client consists of more than one per person, all liabilities and obligations shall be joint and divided as per required.
- All quotations are made, and orders accepted by the Supplier subject to these Terms and Conditions.
- All quotations by the Supplier are by way of invitation only and may be withdrawn without notice. The Supplier shall not be bound until a written acceptance of order to the Client has been obtained.
- Rates agreed are based on the cost to the Supplier of the services shared, Labour, transport and other costs ruling at the date when such prices were quoted. In the event of any costs to the Supplier being increased directly or indirectly prior to completion of a service contract, the Supplier reserves the right to charge all increases as an addition to the contracted price.
- Unless otherwise stated, all prices will be exclusive of Value Added Tax.
- The Supplier reserves the right to request interim payments on account to the value of work and/or materials being used.
- Commencement or completion dates given by the Supplier will be given in good faith by Qcom Ltd but time is not of the essence of the contract and the Supplier shall not be liable for loss, damage or expenses suffered by the Client or any third-party, arising directly or indirectly from the Supplier's failure to comply with such dates.
- If any given completion date is delayed for an unforeseen reason beyond the Supplier's control (including but not limited to inclement weather, accidents, loss or damage of any kind, strikes, lock-outs, cessation of labour affecting any trade engaged upon the works or the inability of the Supplier to secure labour and/or materials) a fair and reasonable extension of time for completing the agreed work shall be granted to the Supplier and the Client shall be responsible for any increased cost resulting from the same under Condition 4 mentioned above.
- If for any reason the Supplier is unable to complete the works, the Supplier's liability will not exceed the value of the uncompleted part of the works and the Client will remain liable to pay for the value of the completed part.
- Any materials and equipment delivered to the Clients site for use will remain in the Supplier's property until applied or fixed permanently into the Clients premises according to the contract or in the case of materials and equipment, which may remain undone until the Supplier is in possession of payment in full. Until such fixing or payment, the Supplier is responsible for the security, protection and safe keeping of such materials and equipment.
- Where applicable, the Client is responsible for the accuracy of any drawings, designs and/or specifications submitted to the Supplier by or on behalf of the Client. The Client in question will indemnify the Supplier and keep it indemnified against costs, claims, liabilities or damage.
- The Client is to obtain all building, planning and other statutory and bylaw consents and licenses required in respect of the works and will indemnify the Supplier to keep it indemnified in respect of any failure to do so.
- A cancellation of any Clients service package undertaken by Qcom will be accepted only at the Supplier's discretion.
- The Supplier reserves the right to charge all applicable costs incurred prior to and/or resulting from the cancellation in addition to any other cost as per required.
The Terms and Conditions actioned by Qcom Ltd were last checked and amended on 20/04/2020.