Terms and Conditions
1. DEFINITIONS
“Business Days” means a day (other than a Saturday, Sunday of public holiday) when banks in London are open for business.
“Consumable Pipe Pulling Kit” means the KOBITE, calibrated pulling cable and fittings supplied by the Company.
“Contract” means the contract for the sale and purchase of the Goods or the provision of the Services in accordance with these Conditions.
“Customer” means the person or firm who purchases the Goods and/or the Services from the Company.
“Company” means KOBUS Services Limited registered in England and Wales with Company Number 5565842.
“Force Majeure Event” means an event beyond the reasonable control of the Company including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
“Goods” means the Goods (or any part of them) set out in the Order.
“Order” means the Customer’s order for the supply of Goods and/or Services, as attached hereto.
“Services” means the provision of training to be performed by the Company (or its authorised representatives) for the Customer (or its sub-contractors) in conjunction with the sale of the Goods as set out in the Order.
2. BASIS OF CONTRACT
2.1 The Order constitutes an offer by the Customer to purchase Goods and/or Services from the Company in accordance with these Conditions.
2.2 The Order shall only be deemed to be accepted when the Company issues written acceptance of the Order at which point and on which date the Contract shall come into existence (“Commencement Date”).
2.3 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Any samples, drawings, descriptive matter or advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services and/or Goods described in them. They shall not form part of the Contract or any other contract between the Company and the Customer for the supply of the Goods and/or Services.
2.4 The Company shall sell and the Customer shall purchase the Goods and Services in accordance with these Conditions. These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.5 Any quotation given by the Company shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue.
2.6 All of these Conditions shall apply to the supply of both Goods and Services except where application to one or the other is specified.
2.7 Any variation or addition to the Contract shall only be binding upon the Company if made in writing and signed on behalf of the Company by a duly authorised person.
2.8 No order which has been accepted by the Company may be cancelled or amended by the Customer except with the agreement in writing of the Company and on terms that the Customer shall indemnify the Company in full against all loss, costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation.
2.9 The Customer shall where applicable (i.e. where Goods are to be provided on a customised basis) furnish the Company with all necessary specifications with the Order. The Company takes no responsibility for Goods manufactured, priced or delivered not in accordance with the Order or the specifications, unless the Customer’s order and specifications are clear and correct in every particular and the said particulars are correctly set out in our acknowledgement and in any drawings submitted by us, which it is in the Customer’s duty to check. No responsibility is accepted for Goods manufactured or priced not in accordance with any requirements of any governmental or other inspecting authority.
3. SUPPLY OF SERVICES AND CUSTOMER’S OBLIGATIONS
3.1 The Company shall provide the Services to the Customer in accordance with the description or specification for services provided by the Company to the Customer in all material respects.
3.2 The Company shall use all reasonable endeavours to meet any performance dates for the Services specified in the Order but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
3.3 The Company shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and the Company shall notify the Customer in any such event.
3.4 The Company warrants to the Customer that the Services will be provided using reasonable care and skill.
3.5 The Customer shall:
(a) ensure that the terms of the Order and the information it provides are complete and accurate;
(b) co-operate with the Company in all matters relating to the Services;
(c) provide the Company, its employees, agents, consultants and subcontractors, with access to the Customer’s premises, office accommodation and other facilities as reasonably required by the Company to provide the Services;
(d) provide the Company with such information and materials as the Company may reasonably require to supply the Services, and ensure that such information is accurate in all material respects;
(e) prepare the Customer’s premises for the supply of the Services; and
(f) obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start.
3.6 If the Company’s performance of any of its obligations in respect of the Services is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (“Customer Default”):
(a) the Company shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays the Company’s performance of any of its obligations;
(b) the Company shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Company’s failure or delay to perform any of its obligations as set out in this clause 3.6; and
(c) the Customer shall reimburse the Company on written demand for any costs or losses sustained or incurred by the Company arising directly or indirectly from the Customer Default.
3.7 Where the Company provides Services the persons performing the Services shall be under the direction and control of the Customer and shall for all purposes in connection with their employment in the utilisation of the Goods be regarded as the servants or agents of the Customer. The Customer shall be solely responsible for all claims arising in connection with the utilisation of the Goods by the said persons except to the extent that the persons performing the Services are negligent.
4. CHARGES
4.1 The price for the Goods shall be the price set out in the Order or, if no price is quoted, the price set out in the Company’s published price list as at the date of delivery. The price of the Goods is exclusive of all costs and charges of packaging, insurance, transport of the Goods which shall be paid by the Customer when it pays for the Goods.
4.2 The charges for Services shall be on a time and materials basis:
(a) the charges shall be calculated in accordance with the Company’s standard daily fee rates, prevailing at the relevant time;
(b) the Company’s standard daily fee rates for each individual person are calculated on the basis of an eight-hour day from 8.00 am to 4.00 pm worked on Business Days;
(c) on Business Days the Company shall be entitled to charge an overtime rate of 50 per cent of the standard daily fee rate on a pro-rata basis for each part day or for any time worked by individuals whom it engages on the Services outside the hours referred to in clause 4.2 (b);
(d) on non-Business Days the Company shall be entitled to charge an overtime rate of 100 per cent of the standard daily fee rate on a pro-rata basis for each part day or for any time worked by individuals whom it engages on the Services at any time
(e) the Company shall be entitled to charge the Customer for any expenses reasonably incurred by the individuals whom the Company engages in connection with the Services including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by the Company for the performance of the Services, and for the cost of any materials.
4.3 The Company reserves the right to increase the price of the Goods, by giving notice to the Customer at any time before delivery, to reflect any increase in the cost of the Goods to the Company that is due to:
(i) any factor beyond the control of the Company (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs);
(ii) any request by the Customer to change the delivery date(s), quantities or types of Goods ordered; or
(iii) any delay caused by any instructions of the Customer in respect of the Goods or failure of the Customer to give the Company adequate or accurate information or instructions in respect of the Goods.
5. Payment terms
5.1 In respect of the Goods, the Company shall invoice the Customer on acceptance of the Order.
5.2 In the event of an Order having an amounted stated in excess of £10,000 (net of value added tax) the Customer shall pay the Company:
(a) as to 20% of the amount stated in the Order (plus any applicable value added tax) on the date the Order is placed; and
(b) as to the balance of the amount stated in the Order (plus any applicable value added tax) prior to or on delivery of the Goods.
5.3 All invoices for other Goods (i.e. where the Order for such Goods has a stated amount less than £10,000 (net of value added tax)) and invoices for Services only shall be paid within 30 days from the date of the invoice. The Company reserves the right, however, to require the Customer to pay for Goods in full in advance at its sole discretion, in which event the Company will inform the Customer of the requirement at the time of receipt of the Order.
5.5 The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to withhold payment under any circumstances of any amount due to the Company in respect of any claim for damage to Goods or any alleged breach of contract by the Company, nor shall the Customer be entitled to any right of set-off should the Company cease to trade.
5.6 Without limiting any other right or remedy of the Company, if the Customer fails to pay any amount on the due date:
5.6.1 the Company shall have the right to cancel any Contract made with the Customer and/or to suspend deliveries of Goods and provision of Services;
5.6.2 the Company reserves the right to charge interest on a daily basis on overdue amounts at the rate of 4% above the base rate of the Company’s bank or the rate implied by law under the Late Payment of Commercial Debts (Interest) Act 1998 (where applicable);
5.6.3 the Customer shall indemnify the Company and keep it fully indemnified in respect of all costs (including legal fees) reasonably incurred in attempting to recover such overdue amounts;
5.6.4 the whole of the balance then outstanding to the Company by the Customer under any Contract or on any account whatsoever shall become immediately due and payable.
5.7 All Goods remain the property of the Company until fully paid by the Customer. If payment is not made in accordance with clause 5, the Goods can be collected by the Company (and the Customer shall make the Goods available at the Customer’s premises), after giving a 24 hour notice, at the cost of the Customer.
6. DELIVERY
6.1 The Company shall ensure that:
(a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Company reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if the Company requires the Customer to return any packaging material to the Company, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as the Company shall reasonably request. Disposal of packaging materials shall be at the Customer’s expense.
6.2 The Company shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (“Delivery Location”) at any time after the Company notifies the Customer that the Goods are ready;
OR
If set out in the Order, the Customer shall collect the Goods from the Company’s premises or such other location as may be advised by the Company before delivery (“Delivery Location”) within three Business Days of the Company notifying the Customer that the Goods are ready.
6.3 Delivery of the Goods shall be completed on the Goods’ arrival at the Delivery Location OR the completion of loading of the Goods at the Delivery Location.
6.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. The Company shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer’s failure to provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
6.5 If the Company fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Company shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Company with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
6.6 If the Customer fails to accept or take delivery of the Goods within three Business Days of the Company notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Company’s failure to comply with its obligations under the Contract in respect of the Goods:
(a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the three Business Day following the day on which the Company notified the Customer that the Goods were ready; and
(b) the Company shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
6.7 If three Business Days after the Company notified the Customer that the Goods were ready for delivery the Customer has not accepted or taken delivery of them, the Company may resell or otherwise dispose of part or all of the Goods .
6.8 The Customer shall not be entitled to reject the Goods if the Company delivers less than the quantity of Goods ordered, but a pro-rata adjustment shall be made to the Order invoice on receipt of notice from the Customer that the wrong quantity of Goods has been delivered.
6.9 The Company may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
6.10 The Company shall be entitled, without liability on its part and without prejudice to its other rights, to terminate the Contract or any unfulfilled part thereof, or at its option to suspend or make partial deliveries if the completion of the manufacture of the Goods by the Company or by its sub contractor or suppliers is prevented, hindered or delayed whether directly or indirectly, by reason of the Customer failing to furnish necessary information or instructions or a Force Majeure Event. Any such cause shall be deemed to prevent, hinder or delay the Company or its sub-contractors or suppliers if the company or its sub-contractors or suppliers respectively are thereby prevented, hindered or delayed from fulfilling obligations both under the Contract and under all other contracts, whether with the Customer or with third parties, relating to the supply of the same or similar Goods.
7. QUALITY OF GOODS
7.1 Subject to the provisions of clause 7.14 the Company warrants that on delivery, and for a period of 12 months from the date of delivery (“Warranty Period”), the Goods (which for the purposes of this clause 7.1 excludes Consumable Pipe Pulling Kits) shall:
(a) conform in all material respects with their description; and
(b) be free from material defects in design, material and workmanship;
7.2 Subject to clause 7.3, if:
(a) the Customer gives notice in writing during the Warranty Period within a reasonable time of discovery that some or all of the Goods (which for the purposes of this clause 7.2 excludes Consumable Pipe Pulling Kits) do not comply with the warranty set out in clause 7.1;
(b) the Company is given a reasonable opportunity of examining such Goods; and the Customer (if asked to do so by the Company) returns such Goods to the Company’s place of business, the Company shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
7.3 The Company shall not be liable for the Goods’ failure to comply with the warranty in clause 7.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 7.2;
(b) the defect arises because the Customer failed to follow the Company’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
(c) the defect arises as a result of the Company following any drawing, design or specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of the Company; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
7.4 Except as provided in this clause 7 the Company shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 7.1.
7.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by the Company under clause 7.2
7.6 On arrival of the Goods the Customer must immediately examine them and any visual faults or defects must be notified to the Company in writing within 3 days. Non-visual faults and defects must be notified within 90 days.
7.7 Upon the Customer within the appropriate period provided by sub-clause 7.6 above notifying the Company of any fault or defect in the Goods or within the appropriate period provided by clause 7.2 of damage in transit, mis-delivery or quantity discrepancy and in the case of allegedly defective or faulty Goods upon there being returned to the Company within 10 days of such notification and upon the fault, defect or damage in transit, mis-delivery or quantity discrepancy being established the satisfaction of the Company, the Company shall use reasonable endeavours to replace such Goods or to make up any shortage. If Goods are delivered not in accordance with specification, the Company shall accept the same for credit and replacement. All Goods replaced hereunder remain the property of the Company.
7.8 The Company shall not be under liability to replace Goods or make up shortages:-
7.8.1 if faults or defects are not notified in accordance with clause 10.1 or if damage in transit mis-delivery or quantity discrepancy is not notified in accordance with clause 7.2.
7.8.2 in respect of which the Customer or any third party has without the previous written consent of the Company effected modifications or repairs;
7.8.3 if the faults or defects were caused by incorrect or negligent handling, disregard of operation instructions, overloading, unsuitable work or any other default by the Customer or any third party;
7.8.4 if the faults or defects were caused by fair wear and tear, accident, or any other matter beyond the reasonable control of the Company occurring after the date of arrival.
7.9 The terms of this Condition are in lieu of all conditions, warranties or other terms as to description, fitness for purpose, condition, merchantability, quantity or otherwise in respect of the Goods or packing, whether expressed in the Contract or implied by common law, custom or statute and notwithstanding that such purpose or condition may be, may become or may have been known to the Company. Apart from the Company’s obligation to replace Goods in accordance with the terms of this Condition, the Company accepts no liability either for faults or defects in Goods or for any loss or damage to the Customer or others arising directly or indirectly from any breach by the Company of the terms of the Contract or of the general law, and defects in quality or dimension shall not be ground for the cancellation of the Contract or for the balance of the Contract by the Customer.
7.10 Without prejudice to the generality of the foregoing:-
7.10.1 The Company shall not be liable for any consequential loss or damage suffered by the Customer, including but without limitations, delay, loss of production, loss of profits or loss of or damage to other property or Goods, nor shall the Company be liable for any loss or damage capable of being covered by insurance;
7.10.2 The Company shall not be liable in damages in excess of the total price stated in the Contract, even if the Customer’s loss or damage results from a fundamental breach or repudiation and even if further performance of the Contract is frustrated. The Customer shall also indemnify the Company against all actions, claims or demands by third parties in tort or otherwise arising directly or indirectly in connection with faults or defects in the Goods to the extent that the same exceeds the limitation of liability aforesaid.
7.10.3 The provision of this Condition 7 shall apply, subject to the limitations imposed by the Unfair Contract Terms Act 1977.
7.11 No returns will be accepted without prior written authorisation from the Company.
7.12 A 25% restocking charge will apply to any returned Goods unless otherwise agreed in writing.
7.13 Return of Goods are applicable to standard size Goods only that are unopened and unused: it does not apply to any customised Goods produced to the Customer’s specification.
7.14 The Company warrants that on delivery the Consumable Pipe Pulling Kits shall:
(a) conform in all material respects with their description; and
(b) be free from material defects in design, material and workmanship.
8. WARRANTIES
8.1 The Company warrants that Goods which have been manufactured by the Company will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from delivery.
8.2 The warranty in Clause 8.1 is given by the Company subject to the following conditions:
8.2.1 the Company shall be under no liability in respect of any defect in the Goods arising from any specification supplied by the Customer;
8.2.2 the Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Company’s approval;
8.2.3 the Company shall be under no liability under any warranty if the total price for the Goods has not been paid by the due date for payment;
8.2.4 the above warranty does not extend to parts, materials or equipment not manufactured by the Company, in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company and which is assignable.
8.3 Where the Company supplies any Goods supplied by a third party, the Company does not give any warranty, guarantee or other term as to their quality, fitness for purposes or otherwise, but shall, where possible, assign to the Customer the benefit of any warranty, guarantee or indemnity given by the person supplying the Goods to the Company.
8.4 Subject as expressly provided in these Terms, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Terms.
8.5 A claim based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Customer) be notified to the Company within 2 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within 2 days of discovery of the defect or failure. If delivery is not refused, and the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
8.6 Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Terms, the Company may replace or repair the Goods (or the part in question) free of charge or, at the Company’s sole discretion, refund to the Customer the price of the Goods (or a proportionate part of the price), in which case the Company shall have no further liability to the Customer.
8.7 Except in respect of death or personal injury caused by the Company’s negligence, or liability for defective products under the Consumer Protection Act 1987, the Company shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under an express term, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods, Services or Repair Services (including any delay in supplying or any failure to supply in accordance with the Contract or at all) or the use or resale of the Goods by the Customer, and the entire liability of the Company under or in connection with the Contract shall not exceed, except as expressly provided in these Conditions the price of the Goods or £200,000, whichever is less, in respect of liability for Goods sold and Services rendered.
8.8 Full training, supplied by the Company, for the Goods must be arranged by the Customer and undertaken prior to operation of the Goods by each operator.
9 Liability & Indemnity
9.1 The Company shall have no liability in any circumstances whether in contract, tort or otherwise, including but not limited to liability for negligence, for any loss of revenue, business, anticipated savings or profits or for any loss of use or value for any indirect or consequential loss. Such exclusion of liability shall apply regardless of whether any such losses arise by reason of matters which might reasonably be expected to be in the contemplation of the Company or from matters which the Company have special and particular knowledge.
9.2 Any errors or omissions in the Goods provided by the Company will be corrected as soon as practicable and if correction is reasonable; provided the errors or omissions are reported to the Company by notice in writing within 1 month of completion of the Services. Where the notice is not given to the Company within the time allowed, the Company shall be under no duty to make any such corrections.
9.3 The Company operates in an advisory capacity at all times and is not responsible for any loss or damage that may arise when such advice is ignored, misinterpreted or incorrectly carried out by any party or person not connected with the Company.
9.4 In the event that any claim is made against the Company arising out of the Services, the Company shall under no circumstances whatsoever be liable for an amount exceeding the lesser of an amount equal to 5 times the fee paid by the Customer for the relevant part of the Services and in any event not exceeding £20,000.
9.5 Save as prescribed in law, the Company shall have no liability whatsoever for any damage or injury caused in connection Services provided. Notwithstanding the foregoing, all Company employees will take all reasonable precautions when carrying out their duties.
10. Information, Confidentiality and Intellectual Property
10.1 The Customer undertakes to keep confidential any confidential information disclosed to it by the Company and not to disclose the same either complete or in part to any third party (including subsidiary companies, holding companies or associated companies) without the Company’s written approval, such undertaking to continue notwithstanding the expiry or termination of the Contract for so long as the information in question has not:
10.1.1 become part of the public knowledge or literature without default on the part of the Customer or
10.1.2 been disclosed to the Customer by the third party (other than one disclosing on behalf of the Company) whose possession of such information is lawful and who is under no secrecy obligation with respect to the same.
10.1.3 for a period of 10 years from the date that the Contract is completed or terminates.
10.2 The Company shall undertake to keep confidential any confidential information disclosed to it by the Customer and the Company shall be liable to the same constraints as imposed by clause 10.1 on the Customer.
10.3 Any report reproduced or services provided in accordance with the Services are intended solely for the use of the Customer and will not be further distributed, circulated or published without the express agreement of the Company in writing.
10.4 Unless otherwise agreed in writing by the Company, the ownership of, and the rights to, copyright, design or intellectual property arising out of the Services shall remain with the Company.
10.5 Any modifications made to the aesthetics of the Goods have to be approved in writing by the Company. No other modifications will be allowed.
10.6 The Company logo and trademark must remain on the Goods at all times.
10.7 The Company reserves the right without prior notice to effect modifications and design changes of any Goods as part of a continuous programme of product development.
11. ONSITE TRIALS
11.1 If the Customer has requested onsite trials, full information regarding the site of which the trial shall be held must be given to the Company at least one week before works are carried out.
11.2 It is the Customer’s responsibility to ensure safe access and carry out full onsite safety procedures prior to the date of the works. This includes all open road license arrangements, digging of the access holes and ensuring safety measures across the site.
11.3 If on site trials are carried out by the Company and cannot be completed due to sites that are damaged or not (in the opinion of the Company) in good working conditions, the fees for such on site trials remain chargeable and the Customer will be liable to pay the fee stated on the Order.
11.4 Where on site trials are carried out and the Company’s equipment becomes damaged as a result of working on the Customer’s site, the Customer shall be liable to pay any costs for damage to the equipment used.
11.5 Any spoil or waste must be removed off site by the Customer; the Company does not deal with the removal of spoil or waste.
12. HEALTH AND SAFETY AT WORK
The attention of the Customer is drawn to the provisions of Section 6 of the Health and Safety at Work etc., Act 1974. The Company will make available on request, information on the method of construction and manufacture to ensure that, as far as is reasonably practicable, the Goods are safe and without risk to health when properly used. It is the responsibility of the Customer to take such steps as are necessary to ensure that appropriate information relevant to the Goods is made available to its employees, agents and Sub-Contractors and any person to whom the Customer supplies them.
13. LEGAL CONSTRUCTION
The Contract shall in all respects be construed and operate in conformity with English law. If any of these Conditions or any part thereof is rendered void or unenforceable by any legislation to which it is subject, it shall be so void and unenforceable to that extent and no further.
14. PRIVACY POLICY
This privacy policy sets out how KOBUS Services Ltd uses and protects any information that you give KOBUS Services Ltd when you use this website or our service.
KOBUS Services Ltd is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website or our service, then you can be assured that it will only be used in accordance with this privacy statement.
KOBUS Services Ltd may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from September 2011.
What we collect
We may collect the following information:
- name and job title
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
What we do not collect
We do not collect or store the following information:
- Financial details such as credit card details. If you choose to pay by credit card your payment will be processed using Paypal Virtual Terminal. After the transaction is complete your credit card details are not stored on our system in any form. Any paper reference will be destroyed.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails or post about new products, special offers or services, which we think you may find interesting using the email or postal address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
- We will never provide your details to any outside organisation or third party.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@kobus.eu
- contact the office by telephone or in writing formally requesting that we do not use your details for direct marketing purposes
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to KOBUS Services Ltd, 9 Olliver Close, Halesowen, W Midlands, B62 0QB.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.