These standard terms and conditions (“Terms”) and any supplemental documentation including, but not limited to, the final quotation, invoice or other specific documentation provided by Drum-Plan to you (“Customer”), collectively referred to as the Agreement, contain terms that apply in relation to your order for and supply by Drum-Plan of tuning, maintenance, repair and/or installation services (“Services”) as specified in the Agreement.
1.1. Drum-Plan agrees to provide the Services which will be performed with reasonable skill and care;
1.2. Drum-Plan will only use quality materials (“Materials”) that if used correctly should perform in accordance with the manufacturer’s guidelines. Drum-Plan accepts no responsibility for any defects or damage to the Materials caused by misuse;
1.3. In the event the Customer believes any of the Materials have any inherent defect(s), the Customer must inform Drum-Plan as soon as reasonably possible to enable Drum-Plan to assess the Material. Drum-Plan will provide all reasonable support to the Customer in obtaining replacements from any applicable supplier.
2. Price and Payment
2.1. The price for the Services is set out in the Booking Form or is as otherwise agreed with the Customer (“Price”). Unless specified in the Agreement, the price is exclusive of all costs in relation to Materials, transportation, loading and unloading and installation all of which are chargeable as extra costs
2.2. Payment is to be made in full in sterling without set off or retention within 7 days of receipt of invoice.
2.3. For Services to be performed outside Drum-Plan’s usual geographical services area, the Customer shall be required to pay a deposit of 50% of the Price in cleared funds in advance of the day of appointment (“Deposit”).
3.1. Drum-Plan’s maximum aggregate liability to the Customer under or in connection with this Agreement will in no circumstances exceed the Price paid by the Customer. Drum-Plan is not liable to the Customer whether in contract, tort (including negligence) breach of statutory duty or otherwise for any direct or indirect or consequential losses including, but not limited to, the loss of income, profits, business, reputation or loss of savings.
3.2. Drum-Plan accepts no liability for claims brought by the Customer after the period of 12 months from the date the Services were performed.
3.3. Nothing in this Agreement excludes or in any way limits Drum-Plan’s liability to the Customer for fraud, death or personal injury caused by its negligence or to any liability to the extent the same may not be excluded or limited as a matter of law.
4. Force Majeure
4.1. Drum-Plan is not liable for any delays in performance of the Services caused by any event beyond its reasonable control. In the event of any delay caused by an event outside Drum-Plan’s control, the completion of the performance of the Services will be extended for a period equal to any such delay. If the delays continue for a period beyond four weeks the parties can mutually agree to terminate this Agreement.
5.1.Whilst Drum-Plan will make every effort not to cancel any appointment, Drum-Plan may need to cancel an appointment from time to time. In the event Drum-Plan cancels an appointment, a new appointment will be offered as soon as reasonably practicable and Drum-Plan may offer the Customer a 20% discount to the Price of the Services as a gesture of goodwill on rebooking;
5.2.In the event the Customer needs to cancel an appointment or is not at the agreed address provided on the Customer’s confirmation email at the scheduled appointment time the following cancellation charges shall be payable to Drum-Plan:
- Up to 48 hours – no charge
- Less than 12 hours’ notice – £25
- Less than 2 hours’ notice – £45
5.3. For Services to be performed outside Drum-Plan’s usual geographical services area, if the Deposit is not received by Drum-Plan, Drum-plan reserves the right to cancel the appointment. If the Deposit is paid, but the appointment is cancelled within 3 hours of the scheduled appointment time, the Deposit will be forfeited by the Customer.
5.4. On cancellation, Drum-Plan may exercise any one or more of the following remedies or any other remedy provided at law or in equity: recovery of any unpaid amounts by the Customer, which amounts will become due and payable to Drum-Plan immediately; and any other legal or equitable remedies ;
5.5.The Terms which are expressly or by implication intended to come into or remain in force on or after the termination of the Agreement under this clause will remain in full force and effect.
6.1. The provisions of this Agreement constitute all of the terms and conditions between Drum-Plan and the Customer in relation to the Services. This Agreement may not be supplemented or amended by the use of any other document(s) except as otherwise agreed in writing by Drum-Plan;
6.2. The Agreement in all respects is subject to and construed in accordance with English law and the English Courts have sole jurisdiction in all matters arising out of this Agreement.