Terms & Conditions

1.            Interpretation

The following definitions and rules of interpretation apply in this Agreement.

1.1          Definitions:

                Additional Services: Excluded Maintenance performed by the Supplier under this Agreement.

                Agreement: the Service and Maintenance Agreement to which these terms and conditions are incorporated.

                Applicable Laws: the laws of England and Wales and any other laws or regulations, regulatory policies, guidelines or industry codes which apply to the provision of the Services.

                Business Day: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

                Business Hours: the period from 9.00 am to 5.00 pm on any Business Day.

                Charges: the charges to be paid for the Services under clause 8.

                Commencement Date: the date of this Agreement.

                Confidential Information: any information, which by its nature is confidential, concerning the business, assets, affairs, customers, clients or suppliers of the other party or of any member of its Group and the terms of this Agreement.

                Consumables:  non-durable items used in the operation of the Equipment and which are to be provided by the Supplier to the Customer from time to time as part of the provision of the Services including, without limitation, gas and filters.

                Contract Year: Any 12-month period starting on the Commencement Date and on each anniversary of the Commencement Date.

                Control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of Control shall be interpreted accordingly.

Corrective Maintenance: in accordance with clause 3.4:

a)         making any adjustments to the Equipment; or

b)       replacing any Spare Parts

in each case, as required to maintain the Equipment or to restore the Equipment but excluding Excluded Maintenance.

                Corrective Maintenance Charges: the charges payable in accordance with clauses 6.7,7.2,7.3 and 8.3 and for the provision of any Additional Services under clause 7.2, as set out in the price list on the Supplier’s website at www.myddleton.co.uk as varied from time in accordance with clause 8.3. These charges also include any additional costs incurred by the Supplier for equipment necessary to perform Corrective Maintenance, such as, but not limited to, cranes or hoists.