A) Formation of the Contract.
Requests for a contract sent to the seller, Hewigo (UK) Ltd., by the purchaser shall be accepted entirely at the discretion of the seller and, if accepted, will be accepted upon the conditions below via means of the seller’s contract acceptance form and acceptance of full payment.
Hewigo (UK) Ltd has the right to withdraw, alter or refuse to issue service contracts to any purchaser. Each ‘accepted’ order, shall constitute an individual legally binding contract between seller and purchaser and such contract is hereafter referred to in these conditions as an ‘order’.
1. These conditions shall override any contrary, different or additional terms or conditions continued in, or referred to, in any prior maintenance documentation from the purchaser .No addition, alteration or substitution of these terms will bind the seller or form part of any order unless payments for such alterations are expressly accepted by the seller.
2. Pre-inspection of a range may be required after payment is processed but before commencement of contract as ongoing range issues at the time of contract signing are separately chargeable.
3. Each service contract is for one specified range at one specified premises and is between the named parties on the acceptance form and is not transferable to third parties of the purchaser.
4. The purchaser shall be deemed to have made an offer for a service contract upon the return of signed acceptance documentation and payment of the full amount to Hewigo (UK) Ltd.
5. Hewigo (UK) Ltd. will have deemed to have accepted the order by processing the purchaser’s payment and issuing a dated service certificate.
6. The price paid by the purchaser includes goods and services as set out in the Hewigo (UK) Ltd. brochure.
7. The seller warrants that (except in relation to intellectual property rights of third parties) the seller has good title to the contract and may transfer goods and services to the purchaser in line with the supply of goods and services act 1982. Title to the goods and services delivered pursuant to an order shall not pass to the purchaser until the purchaser has paid their price to the seller.
8. The price shown on the acceptance form and quoted by the seller at time of acceptance will not be subject to any change within the 12 month contractual period.
B) Cancellation, Non-Acceptance and Execution
9. The seller reserves the right to refuse to execute any order or part of the contract if the arrangements for payment of goods and services already provided are not considered satisfactory by the seller.
10. An order, once accepted, can be cancelled by the purchaser in writing within 21 days of signing. In the absence of special circumstances it is policy of the company to grant such cancellations providing that no contract benefits have been received by the purchaser. A refund will be granted but any benefits received will become individually chargeable at the rates at time of cancellation.
11. Customers with outstanding balances on their account may not be eligible for contract commencement until full payment is made. Similarly, service will be suspended during the contractual period if an account falls outside of Hewigo (UK) Ltd. payment terms.
C) Parts Discounts, Benefits and Response Timings
12. Contract customers receive absolute priority and any times and dates given for services. Breakdowns and repairs are given in good faith, but are estimates only and in response to the nature of the business (and in absolute emergencies) cancellations may need to be made.
13 Response Times quoted for breakdowns are Hewigo (UK) Ltd.’s working days (Monday to Friday 9am to 5.00pm) and are quoted as a maximum time allowance.
14. Response timings are for breakdowns affecting frying operation, minor faults like lights etc. will not be classified as a breakdown but contract customers will be responded to as a priority
15. Any Claims for any issues occurring due to overdue servicing are not accepted by Hewigo (UK) Ltd. and sufficient notification must be given to Hewigo (UK) Ltd. to allow scheduling before servicing becomes due/overdue.
16. Parts discount excludes pans, modifications, fabrication; welding, consumable items (i.e. filter bags, lamps, top box doors and baskets). Parts discount only applies to parts fitted by Hewigo (UK) Ltd. engineers.
17. It is the responsibility of the purchaser to ensure annual services are booked for mutually convenient times with the service office on 0121 544 9120.
18. If you require the service to be done over more than one day extra charges will be payable.
D) Force Majeure
19. All Response times shown will be aimed for, however Hewigo (UK) Ltd. cannot be held responsible for failure to perform any of its obligations under the order due to Force Majeure. Following notification by the seller to the purchaser of such cause, the seller shall be allowed a reasonable extension of time for the performance of its obligations. (for the purposes of this condition, ‘Force Majeure’ means traffic accidents, road closures, fire, explosion, flood, lightning, act of God, act of terrorism, war, rebellion, riot, sabotage or official strike or similar official labour dispute or events or circumstances outside the reasonable control of the party accepted thereby.
E) Invalidations and exclusions (where call out and labour will be fully chargeable)
20. Extraction faults do not fall within the service contract as the contract specifically covers the frying range only.
21. Customers who claim to have a total range shut down in order to obtain 24-hour call out for a lesser problem will invalidate this contract. Service will be suspended and no refund will be given.
22. Bank Holidays are exempt and fall outside of the breakdown response timings. Saturday and Sunday calls outs will be on an emergency basis only and are for faults causing a total range failure.
23. Ongoing Issues prior to the commencement of the contract will not be covered under this service contract.
24. Any faults caused by operator error/misuse will be fully chargeable.
25. The customer has a contractual obligation to undertake appropriate housekeeping measures as stated in the range manual – multiple attendances to remove blockages due to deficiencies in cleaning and site maintenance may result in additional charges for such visits been made to the purchaser.
26. Customer Accounts must be paid in full in line with Hewigo (UK) Ltd. payment terms. Customers carrying overdue balances may suffer delayed response times to faults and servicing which may result in the whole account and contractual service contract being suspended until monies are paid.
27. Any physical abuse or inappropriate behaviour towards any member of Hewigo (UK) Ltd. personnel will invalidate all service contracts of a purchaser immediately and no further visits or refunds will be offered.
28. Specialist work such as pan changes or conversions, modifications, fabrication, welding etc. are payable and exempt from response timings and may require a quotation to be issued. Acceptance and payment of same may also require special ordering of parts.
F) Others
29. All repairs and services will be carried out by qualified service engineers. A requirement is that the purchaser ensures safe premises to continuously carry out work. Any interruptions or suspensions of work, directly or indirectly caused by the purchaser will be chargeable.
30. Any loss of business due to breakdowns or repairs been undertaken will not be claimable by way of compensation from Hewigo (UK) Ltd.
31. Engineers endeavour to fix problems first time where possible (not guaranteed) but no penalties will be incurred for additional time taken in the ordering of special parts and arranging secondary visits.
32. In certain circumstances engineers may only be able to operate in a non-trading environment on cool equipment and mutually convenient times for a visit in these conditions will be discussed.
33. Any engineer attending a site whereby access is unavailable will be termed as a ‘missed appointment’ and will be charged for in terms of labour and call out expenses incurred.
January 2018