Terms and Conditions

TERMS OF TRADE

These terms and conditions are between MT Cold Storage Solutions Limited, a company registered in England and Wales, with company registration number 06051356 (we, us or our) and you, being the person or entity stated in the Quote (you or your), together the Parties and each a Party. Together, these terms and conditions and the Quote (attached to these Terms or the Quote), and any other document incorporated by reference, form the entire agreement under which we will provide the Installation Services, Maintenance Services and/or Goods to you (Terms).

Our Contact Details:

Address: Unit 5 Guinness Park Farm , Hereford Rd, Leigh Sinton, Malvern, United Kingdom

Phone: 01886 833 381

Email: darren@mtcss.co.uk

Our registered VAT number is 902338745

1. Acceptance

1.1 You have requested the Installation Services, Maintenance Services and/or Goods set out in the Quote, and you are taken to accept these Terms by the earlier of:

(a) signing and returning the Quote to us;

(b) making part or full payment of the Price (including any deposit).

1.2 Once you have accepted these Terms, these Terms will bind you in respect of any subsequent quote (even if they are not attached to the subsequent quote), except to the extent these Terms are varied by us.

2. Your right to change your mind

2.1 This clause 2 applies to the extent that you purchase Installation Services, Maintenance Services and/or Goods from us as a Consumer.

Tell us you want to cancel these Terms: To exercise your right to cancel these Terms under this clause 2, please let us know by contacting us by email (using our contact details above).Where Goods AND Services are being provided (whether Installation Services and/or Maintenance Services):

2.2 You have 14 days to change your mind and cancel these Terms after the day you (or someone you nominate) receive the Goods (or the last delivery of the Goods, where deliveries occur over different days) (Cancellation Period).

2.3 You do not have a right to change your mind in respect of:

(a) Goods that are made to your specifications or are clearly personalised; and

(b) Goods sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or

3. Returning Goods to us: If you cancel these Terms for any reason after the Goods have been dispatched to you, you must return them to us within 14 days of telling us you wish to cancel these Terms (unless we agree to collect them, in which case, we will charge you the direct cost to us of collection).

3.1 You must cover the costs of returning the Goods to us, except in the following circumstances, where we will pay the costs of return:

(a) if the Goods are faulty or misdescribed; or

(b) if you are exercising your right to change your mind under clause 2 (provided you use a form of delivery (for example, a courier) approved by us.

3.2 If you are exercising your right to change your mind and returning goods to us, we may reduce your refund of the Price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your mishandling. If we refund you the Price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

3.3 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind under clause 2 and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the relevant Goods back from you.

3.4 If the Goods, by their nature, cannot normally be returned by post, we can provide an estimate for the cost of returning the Goods

Where Services ONLY are being provided (whether Installation Services and/or Maintenance Services):

3.5 You have 14 days after the date you accept these Terms to change your mind and cancel these Terms (Cancellation Period).

3.6 You do not have a right to change your mind in respect of:

(a) Installation Services and/or Maintenance Services if they are visits by us specifically requested by you for the purpose of carrying out urgent repairs or maintenance; or

(b) where you expressly request for us to start performing the relevant Services within the Cancellation Period, in which case you acknowledge that you will loose your right to cancel if the Services are fully performed, and if you do seek to exercise your right we may charge you for a proportion of the Price for the Services performed.

4. Goods

4.1 We agree to provide the Goods to you in accordance with these Terms (including any Specifications) and all applicable laws, whether ourselves or through our Personnel.

4.2 We warrant to you that the Installation Services, Maintenance Services and/or Goods will be provided using reasonable care and skill.

4.3 We will not be responsible for any Goods unless expressly set out in the inclusions in the Quote.

5. Warranty

5.1 We provide a standard warranty period of 12 months from the date of delivery of the Goods (Warranty Period).

5.2 Where the Goods supplied are Monoblock units, the Warranty Period shall be 12 months from the date of delivery, in accordance with our agreement with the manufacturer.

5.3 During the Warranty Period, we will, at our option, repair or replace any Goods in respect of which a defect arises due to our default, provided that you notify us in writing of the defect promptly upon becoming aware of it.

5.4 The warranty in this clause 5 does not apply to defects arising from fair wear and tear, misuse, neglect, accidental damage, or any modification or repair carried out without our prior written consent.

5.5 Our warranty obligations under this clause 5 are limited to the repair or replacement of defective parts only. All labour costs associated with any warranty claim, including call-out charges, investigation costs and installation costs, are excluded from this warranty and will be chargeable to you at our then-current rates. We can provide a quote for any such labour costs upon request.

6. Installation Services

6.1 Where the Quote includes Installation Services, we agree to:

(a) install the relevant cold storage, refrigeration, and/or air conditioning units or systems at the Site in accordance with the Specifications and all applicable laws;

(b) carry out such installation works ourselves or through our Personnel (including subcontractors); and

6.2 Warranty for Installation Services: We provide a standard warranty period of 12 months from the date of completion of the Installation Services (Installation Warranty Period). During the Installation Warranty Period, we will, at our option, remedy any defect in the Installation Services that arises due to our default, provided that you notify us in writing of the defect promptly upon becoming aware of it. The warranty under this clause 6.2 covers parts only. All associated labour costs, including call-out charges and investigation costs, are excluded and will be chargeable to you. We can provide a quote for any such labour costs upon request.

7. Maintenance Services

7.1 Where the Quote includes Maintenance Services, we agree to provide reactive call-out maintenance services in respect of the cold storage, refrigeration and/or air conditioning units or systems at the Site.

7.2 The specific scope, structure and pricing of the Maintenance Services shall be as agreed between the Parties and set out in the relevant Quote.

8. Time

8.1 We will commence the provision of the Installation Services, Maintenance Services and/or Goods following the later of:

(a) the date of your acceptance of these Terms under clause 1; and

(b) the receipt of any payment that is required upfront in the Quote (for example, a deposit).

8.2 We will use our commercial best endeavours to provide the Installation Services, Maintenance Services and/or Goods by the dates set out in the Quote, or where no date is specified, then within a reasonable period of time.

9. Delays

9.1 We will have no liability for delays to the Installation Services, Maintenance Services and/or Goods to the extent they are caused by:

(a) a Variation or deemed Variation;

(b) a breach by you or any of your Personnel;

(d) delays in obtaining Approvals for the Installation Services, Maintenance Services and/or Goods from relevant authorities; and/or

(e) any Force Majeure Events.

9.2 Delay Damages: If we are interrupted or delayed by your acts or omissions (other than those permitted by these Terms), you will be liable to pay to us delay damages for each day (or partial day) that we are delayed. A daily rate charge will apply

10. Variations

10.1 All variations to the Installation Services, Maintenance Services and/or Goods must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed between the Parties. If we consider that any instruction or direction from you constitutes a variation to the scope of our obligations under these Terms, then we will not be obliged to comply with such instruction or direction unless agreed in accordance with this clause.

11. Your Personnel and Your Items

11.1 You are solely responsible for the acts or omissions, and any goods and services provided by your Personnel. You agree to ensure your Personnel cooperate with us and do not interfere with the provision of the Installation Services, Maintenance Services and/or Goods.

11.2 You agree that any information, documentation, specifications, goods and/or services provided, or directions provided, by you or your Personnel in relation to the Installation Services, Maintenance Services and/or Goods (Your Items) will be:

and, to the maximum extent permitted by law, we will have no liability to you for any Liability, and you waive and release us from any such Liability, arising from or in connection with Your Items.

(a) provided solely at your own risk, and you agree that we will assume no responsibility or Liability for Your Items;

(b) fit for purpose, of merchantable quality and compliant with all applicable laws; and

12. Price and Payment

12.1 In consideration for us providing the Installation Services, Maintenance Services and/or Goods, you agree to pay us the Price in accordance with these Terms and the payment terms set out in the Quote.

12.2 If you fail to make payment of the Price or any amount payable under these Terms, we may:

(a) after a period of 5 business days, cease providing the Installation Services, Maintenance Services and/or Goods, and recover, as a debt due and immediately payable from you, our additional costs of doing so (including reasonable recovery costs);

(b) charge interest at a rate equal to 8% above the Bank of England's base rate, from time to time, but at 8% a year for any period when that base rate is below 0%, per annum, calculated daily and compounding monthly, on any such amounts unpaid after the due date for payment; and/or

(c) recover or repossess any Goods belonging to us, and you agree to grant us such rights of access to allow us (or our Personnel) to do so.

13. Warranties and Representations

13.1 You represent, warrant and agree that:

(a) you will comply with these Terms and all applicable Laws;

(b) you have effected and will maintain appropriate insurance policies for the Site for the duration of our provision of the Installation Services, Maintenance Services and/or Goods under these Terms, and on request, you agree to provide us with evidence sufficient to enable us to confirm your compliance with this clause 13.1(b);

(c) you (and to the extent applicable, your Personnel) will cooperate with us, and promptly provide us with all documentation, information, instructions, facilities and access (including access to the Site) as may be reasonably necessary to enable us to provide the Installation Services, Maintenance Services and/or Goods in accordance with these Terms;

(d) all the information and documentation that you provide to us in connection with these Terms is true, correct and complete;

(e) you will not infringe any third party rights in working with us and receiving the Installation Services, Maintenance Services and/or Goods;

(f) you will ensure that the Site is safe and free of harmful materials or substances;

(g) you are responsible for obtaining, and providing to us if necessary, any access and Approvals from third parties necessary for the Installation Services, Maintenance Services and/or Goods to be provided, at your cost;

14. Title and Risk

14.1 Unless otherwise set out in a Quote, you agree to pay for the reasonable costs of delivering and/or collecting the Goods.

14.2 Title in the Goods will remain with us until all amounts due and payable to us under these Terms are paid in full.

14.3 Risk in the Goods will pass to you on:

provided that risk in the Goods will remain with us if, and at the times that, we are required to incorporate the Goods at the Site as part of the Services, and will transfer to you once we have completed the relevant Services.

(a) collection of the Goods at the collection location as agreed between the Parties, if you are collecting the Goods; or

(b) delivery of the Goods to the Site, if we are delivering the Goods,

15. Lien

We hold a general lien over the Goods for the satisfactory performance by you of your obligations under these Terms.

16. Term and Termination

16.1 These Terms will commence on the Commencement Date, and will continue until the earlier of the date on which:

(Term).

(a) the Installation Services, Maintenance Services and/or Goods are supplied to you in accordance with these Terms (as determined by us, acting reasonably); and

(b) these Terms are terminated in accordance with this clause 16,

16.2 Either Party may terminate these Terms at any time by giving 30 days’ notice in writing to the other Party .

16.3 These Terms may be terminated immediately upon written notice by a Party (Non-Defaulting Party), if:

(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 business days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

(b) the Defaulting Party is unable to pay its debts as and when they fall due.

16.4 Upon expiry or termination of these Terms:

(a) we will immediately cease providing the Installation Services, Maintenance Services and/or Goods;

(b) without limiting your rights at law if you are a Consumer, you agree that any payments made by you to us are not refundable to you;

(c) you are to pay for all Installation Services, Maintenance Services and/or Goods provided prior to termination, including Installation Services, Maintenance Services and/or Goods which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms;

(d) by us pursuant to clause 16.3, unless you are a Consumer, you also agree to pay us our additional costs, reasonably incurred, and which arise directly from such termination (including recovery fees); and

(e) you agree to grant us such rights of access to any premises where the Goods are located (including the Site) to allow us (or our Personnel) to recover or repossess any Goods belonging to us.

16.5 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

17. Unforeseen Site Conditions

17.1 If we encounter any condition, event, circumstance, matter or thing in, on or around the Site or otherwise that could not have reasonably been foreseen or anticipated by us as at the date of the Quote, and that would or would likely result in us, you or any third party suffering or incurring additional cost or delay, or would require a change to the Quote, Installation Services, Maintenance Services, Goods, Price, and/or these Terms (Unforeseen Site Condition), during the provision of the Installation Services, Maintenance Services and/or Goods, we will notify you as soon as reasonably practicable after becoming aware of the Unforeseen Site Condition.

17.2 Any additional works, materials, costs or delays that we suffer or incur as a result of any Unforeseen Site Conditions, or any instructions or directions given by you that are in addition to the Installation Services, Maintenance Services and/or Goods, will constitute a deemed Variation.

17.3 The pricing for any deemed Variation for a Unforeseen Site Condition, will be handled in accordance with clause 10.

18. CDM Regulations

18.1 Where you are a Consumer:

(a) before any construction works the subject of the Installation Services, Maintenance Services and/or Goods commence, where there is more than one contractor, or if it is reasonably foreseeable that more than one contractor will be working at any time (including if you are also doing construction work yourself and/or where we engage subcontractors), a principal contractor and a principal designer must be appointed, under the CDM Regulations;

(b) If required by the CDM Regulations and if you have not otherwise appointed a principal contractor, we will be deemed to be the principal contractor, and we will be deemed to be the principal designer if the Installation Services and/or Maintenance Services involve design services; and

(c) if we are deemed to be the principal contractor we agree to fulfill the obligations of a client to the extent required of us under the CDM Regulations.

18.2 Where you are not a Consumer:

(a) before any construction works the subject of the Installation Services, Maintenance Services and/or Goods commence, you must appoint a principal contractor and a principal designer in writing, if applicable under the CDM Regulations; and

(b) we will only be the principal contractor or the principal designer if you have appointed us in writing.

18.3 Each Party agrees to comply with the CDM Regulations to the extent they apply to it.

18.4 You agree to provide us with all reasonable assistance, information and documentation so as to enable us to comply with our obligations under the CDM Regulations.

The CDM Regulations govern health and safety matters on construction projects, including during the pre-construction phase (which includes the design phase). This clause applies to the extent the Installation Services, Maintenance Services and/or Goods are covered by the CDM Regulations.

19. Liability

19.1 Nothing in these Terms limits any Liability which cannot legally be limited, including Liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and

(d) defective products under the Consumer Protection Act 1987.

19.2 Subject to clause 19.1 (liability which cannot legally be limited), but despite anything else to the contrary, to the maximum extent permitted by law, we will not be liable for and you waive and release us from any Liability arising from or in connection with:

(a) any information or documentation (including drawings and reports) provided by you or your Personnel;

(b) any errors or omissions in any information or documentation (including drawings and reports) provided by you or your Personnel;

(c) any property loss or damage or personal injury or death arising from or in connection with the acts or omissions of you or your Personnel; or

(d) any loss or damage which is an unavoidable consequence of the provision of the Installation Services, Maintenance Services and/or Goods, including but not limited to, paint damage to surrounding fixtures.

19.3 Subject to clause 19.1 (liability which cannot legally be limited), but despite anything else to the contrary, to the maximum extent permitted by law:

(a) if you are not a Consumer, neither Party will be liable for any Consequential Loss;

(b) where you are a Consumer, and you use the Installation Services, Maintenance Services and/or Goods for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;

(c) a Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the negligent or unlawful acts or omissions of, or breach of these Terms, by the other Party; and

(d) our aggregate liability for any and all Liability arising from or in connection with these Terms will be limited to 100% of the Price.

19.4 We have given commitments as to the compliance of the Installation Services, Maintenance Services and/or Goods with these Terms and applicable Laws in clause 4.1, 6.1 and 7.1. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.

20. Intellectual Property

20.1 As between the Parties:

(a) we own all Intellectual Property Rights in Our Materials;

(b) you own all Intellectual Property Rights in Your Materials; and

(c) nothing in these Terms constitutes a transfer or assignment of any Intellectual Property Rights in Our Materials or Your Materials.

20.2 Nothing in these Terms constitutes a transfer or assignment of one Party’s Intellectual Property Rights to the other Party.

21. Confidential Information

21.1 Subject to clause 21.2, each Party must (and must ensure that its Personnel do) keep confidential, and not use or permit any unauthorised use of, confidential information provided by the other party.

21.2 Clause 21.1 does not apply where the disclosure is required by law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with these Terms and provided that the disclosing party ensures the adviser complies with the terms of clause 21.1.

22. Privacy

22.1 We agree (and where you are not a Consumer, you agree) to comply with all Applicable Data Protection Law with respect to the transfer or processing of any Personal Data in connection with these Terms.

22.2 Where you transfer any Personal Data to us in connection with these Terms, you represent and warrant that you have all rights and consents that are necessary to transfer such Personal Data to us, and our use of such Personal Data for the provision of Installation Services, Maintenance Services and/or Goods will not infringe the privacy rights of any third party.

23. General

23.1 Amendment: Subject to clauses 10 and 17, these Terms may only be amended by written instrument executed by the Parties.

23.2 Assignment: Subject to clause 20.3 a Party must not assign, novate or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

23.3 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

23.4 Disputes (businesses): If you are not a consumer, either Party may refer a dispute arising under these Terms to adjudication at any time under Part I of the Scheme for Construction Contracts (England and Wales) Regulations 1998. The adjudicator shall be appointed by the Construction Industry Council (). Nothing in this clause 23.3 will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

23.5 Disputes (consumers): If you are a consumer, alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at . The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

23.6 Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

23.7 Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if and to the extent such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:

(a) as soon as reasonably practical, notifies the other Party in writing of the details of the Force Majeure Event, and the extent to which it is unable to perform its obligations; and

(b) uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

23.8 Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

23.9 Joint and Several Liability: Where you constitute two or more individuals or entities, you will each be jointly and severally liable under these Terms.

23.10 Notices: Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

23.11 Publicity: Despite clause 21, you agree that we may advertise or publicise the broad nature of our provision of the Installation Services, Maintenance Services and/or Goods to you and we may take and use content such as photos or videos of the Installation Services, Maintenance Services and/or Goods, including on our website or in our promotional material provided no confidential information is disclosed

23.12 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

23.13 Survival: Each clause, which by its nature survives termination, will survive the termination or expiry of these Terms.

23.14 Subcontracting: We may subcontract the provision of any part of the Installation Services, Maintenance Services and/or Goods without your prior written consent. We agree that any subcontracting does not discharge us from any liability under these Terms and that we are liable for the acts and omissions of our subcontractor.

23.15 VAT: All amounts payable by you under these Terms are inclusive of amounts in respect of value added tax chargeable from time to time (VAT), unless otherwise stated. Where any taxable supply for VAT purposes is made under these Terms by us to you, you agree, on receipt of a valid VAT invoice from us, to pay to us such additional amounts in respect of VAT as are chargeable on the supply of the Installation Services, Maintenance Services and/or Goods at the same time as payment is due for the supply of the Installation Services, Maintenance Services and/or Goods.

24. Definitions

In these Terms, unless the context otherwise requires:

Applicable Data Protection Law means the laws and regulations applicable to the processing of Personal Data by the Parties in connection with these Terms, including without limitation, the Data Protection Act 2018.

Approval means any approval, consent, licence, permit, permission, application, registration or equivalent required to be obtained in connection with the Installation Services, Maintenance Services and/or Goods by any authority or any law.

CDM Regulations means the Construction (Design and Management) Regulations 2015.

Commencement Date means the date these Terms are accepted in accordance clause 1.1.

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. We shall not be liable for loss of stock, spoilage, loss of refrigeration temperature, or consequential losses arising from equipment failure unless caused by our gross negligence The Parties acknowledge and agree that your obligation to pay us the Price under these Terms will not constitute “Consequential Loss” for the purposes of this definition.

Consumer has the meaning given in in the Consumer Rights Act 2015.

Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

Goods means the spare parts, components and other goods to be supplied by us to you under these Terms, as expressly set out in the Quote, as adjusted in accordance with these Terms.

Installation Services means the installation of cold storage units, refrigeration units, air conditioning units and/or any other cold environment systems as set out in the Quote, as adjusted in accordance with these Terms.

Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, Approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with these Terms or the supply of the Installation Services, Maintenance Services and/or Goods.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Maintenance Services means the reactive call-out maintenance services to be provided by us in respect of cold storage, refrigeration and/or air conditioning units or systems, as set out in the Quote, as adjusted in accordance with these Terms.

Monoblock means the refrigeration unit product supplied under the brand name "Monoblock" by the manufacturer, in respect of which an extended Warranty Period of 12 months applies as set out in clause 5.2

Personal Data has the meaning given to it in the Data Protection Act 2018.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.

Price means the price set out in the Quote for the provision of the Installation Services, Maintenance Services and/or Goods, as adjusted in accordance with these Terms, and includes any deposit set out in the Quote.

Quote means the quote (including any online quote) to which these Terms are attached or incorporated by reference.

Site means the site as set out in the Quote, and includes any other property or sites adjoined to, surrounding or neighbouring the Site that may be necessary to access or use for the provision of the Installation Services and/or Maintenance Services.

Specifications means any specifications for the Installation Services and/or Maintenance Services and/or Goods, and, if applicable, as further particularised in an attachment to these Terms or the Quote.

Term has the meaning given in clause 16.1.

Your Items has the meaning given in clause 11.