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TERMS & CONDITIONS

Terms & Conditions

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“Burvills” means Burvills Limited


“Buyer” means the person identified in the Estimate or named on the Order or any representative or contractor of the Buyer “Estimate” is the estimate attached and given by Burvills to the Buyer for the Works “Order” is an acceptance of the Estimate or an order for the Work pursuant to the Estimate by the Buyer.


“Others” means any other contractor other than Burvills or its agent(s) or subcontractor(s).
 

“Work” means the manufacture and supply of goods only, or the manufacture, supply and installation of the goods as identified in the Estimate and to be carried out by Burvills


General
1.0) These terms and conditions should be read in conjunction with the accompanying Estimate issued by Burvills Limited and these terms and conditions apply to all Work carried out pursuant to any Estimate. Once an Estimate is accepted or an Order is placed for the Works these terms and conditions form part of the contract between the Buyer and Burvills and are binding upon the Buyer and Burvills. Burvills reserves the right to make any alterations to these terms and conditions, required for any individual agreement/contract, prior to commencement of the Works.


1.2) An Estimate is based upon the Works being carried out during normal working hours and Saturdays between 9am to 12pm unless otherwise agreed. Works required to be undertaken outside these hours are subject to an additional payment.
1.3) Estimates and recommendations offered by Burvills are given on the basis of our representative’s assessment of the Buyer’s needs, with the needs of the end user/s allowed for where possible. It is the Buyer’s responsibility to ensure that all requirements are included in the Estimate, and if there is any doubt, to contact Burvills to clarify.
1.4) An Estimate is valid for a period of sixty days unless otherwise specified in the Estimate or at the time of the Order.
1.5) An Estimate only includes the Work, and any additional work or goods supplied will be an additional cost.
1.6) Any Order placed prior to Burvills undertaking a site visit inspection may incur additional costs.
1.7) Burvills reserves the right to use approved subcontractors for any part of the Works.
1.8) The contract created between the Buyer and Burvills by the acceptance of an Estimate or by placing and Order shall be construed and operated in accordance with the laws of England and Wales.


Gate Automation

2.0) For Works comprising gate automation, the Buyer must inform Burvills if the gate automation system is to ‘fail secure’ during a system or mains power failure. Any decision made by Burvills with regard to the failure status of any fail release system is taken in good faith and no responsibility for such a decision can be accepted by Burvills.
2.1) No responsibility for unseen circumstances or obstruction can be accepted by Burvills or its subcontractors.
2.2) It is and shall remain the responsibility of the Buyer to advise Burvills of the whereabouts of any underground or hidden service routes. Burvills is not responsible for the consequences and costs incurred by the Buyer arising from damage or injury resulting from Work carried out on the site howsoever caused.
2.3) Any structural alteration recommended or carried out by Burvills in connection with the Works is done so subject to such structural alteration being carried out under the direct authorisation and approval of the Buyer.
2.4) Should a structural engineer or other professional body be required in relation to any such structural alteration all costs associated therewith are the sole responsibility of the Buyer.
2.5) It is essential that gate or gates travel over level ground. Burvills cannot be held liable for the consequential effects of ground level obstructions.
2.6) Burvills are not responsible for any consequential damage or repairs required following flooding of any part of an installation or component thereof. It is the responsibility of the Buyer to ensure adequate drainage is in place.


Work Requirements
3.0) The Estimate assumes clear, unimpeded access of the area of Work, also any associated area. Pedestrian and vehicular traffic is to be reduced and avoided where possible during the Work. Any delay caused to the Works which is beyond Burvills direct control will be charged as an additional cost at Burvills current hourly rates.
3.2) The Buyer must immediately advise Burvills of any special site conditions, access or parking restrictions, training, special clothing requirements (PPE) and any restriction of working due to Trade Union agreements or any other reasons. The Buyer is responsible for any additional costs as a result of any such condition.
3.3) The Estimate assumes onsite parking for Burvills vehicles local to the opening/works therefore any off-site parking costs incurred by Burvills are the responsibility of the Buyer.
3.4) The provision of suitable power and water supplies to the working area is the responsibility of the Buyer unless otherwise agreed in writing. If water is required, it is the Buyer’s responsibility to provide an adequate supply of water and to facilitate its removal if required.
3.5) All building work such as - concreting, ducting with suitable cords, brickwork and final decoration - is to be done by Others unless specifically agreed by Burvills and any such building or civil works agreed to be done by Burvills, are where reasonable possible to be left in a state similar to that which exists.
3.6) Whilst every care will be taken during the carrying out of the Work only basic back fill or finish will be carried out by Burvills. The removal of any items or waste, etc. and making good or 
replacement of materials is not included within any Estimate unless specifically agreed in writing.
3.7) The Buyer is to ensure that adequate protection of the surrounding work area including where necessary scaffolding and edge protection is in place prior to installation of the Work
3.8) Foliage or vegetation of any sort is and shall remain the responsibility of the Buyer or Others. Burvills is not liable for any consequential effect or damage thereto.
3.9) The Buyer will be advised where existing supporting structures, piers, posts etc. are thought to be unsuitable. Any judgement made by Burvills, involving the use of existing structures or supports, is made in good faith and no responsibility is accepted for their continued suitability.
3.10) Any existing items used or re-used by Burvills as part of the Works are done so in good faith and shall always remain the responsibility of the Buyer.
3.11) Burvills are not responsible for any inherent problems experienced with by use of timber products.
3.12) In the event that Burvills requires an engineer for structural or other calculations the cost of such engineers appointment is to be met by the Buyer and is not included in the Estimate.

 

Electrical
4.0) All 220/240V cable runs (mains supply, controls supply, etc.) done by Burvills will either be, surface fix S.W.A. or PVC conduit protected cables - unless specified otherwise. (British Standards will be observed).
4.1) Earth Leakage Circuit Protection (RCCD) is always recommended at the system end of each mains supply run and each 220/240V cable is to allow for a separate earth conductor.
4.2) All extra low voltage cable runs (System’s equipment 24V+/- ) carried out by Burvills, are to be installed accordingly to each site’s condition, and are to be surface fixed or follow routes provided by others. 12 core RBS multi-core cable is advised and will be used where practical.
4.3) Burvills will use all reasonable endeavours to abide by all official guidelines and laws relevant to the Works All such responsibilities pass to the Buyer upon completion of any said works or part thereof.
4.4) All cable routes, trenching, conduit, ducting or trunking carried out by Burvills are done so under the direction of Burvills engineers and will follow a path most suited to the engineer’s requirements. If a preferred route for any such cable run is required by the Buyer, it is the Buyer’s responsibility to inform the engineers before work begin.
4.5) The cost for any re-routing of cable runs carried out by Burvills will be in addition to the Estimate and based on the Burvills current hourly rate together with parts and plant hire.
4.6) All ducting and conduit runs carried out by Others, for Burvills use, must be of a suitable size, allow for sweep bends, no elbows, adequate pull cords and must have an adequate number of access points or inspection pits.
4.7) Where cables are provided by Others for Burvills use, it is the Buyer’s responsibility to ensure they are suitable for the environment they are installed in.

4.8) Burvills is not responsible for cable runs provided by Others - even if the cable is supplied by Burvills. It is for others or the contracting installer or Buyer’s responsibility to ensure a fault free run. Guidance and supervision will be made available by Burvills upon request.
4.9) Where Audio, Video entry CCTV links are used, cabling between the system (Access Point) and any termination point/s is not included in any Estimate unless specifically stated. Each such cable run is to be provided by Others with 1-2m tails each end for termination.
4.10) It is the Buyer’s responsibility to inform Burvills if there is any change to the landscape of the site, or possible change that may affect the performance of the system. Any changes to the landscape must be agreed with Burvills as soon as possible.

 

Repairs/warranty
5.0) Any connection or alteration to a Burvills system, in any way, by Others, will automatically void any warranty unless specifically agreed in writing beforehand by Burvills.
5.1) Only the actual Work carried out and parts replaced by Burvills carry a warranty, all such parts will be void of warranty if subsequently damaged by or as a consequence of the failure of any existing part not replaced.
5.2) All parts purchased by Burvills of any kind, manufactured by others, will carry the warranty of said manufacturer.
5.3) Warranty Periods: Works including installation carry a 12 month warranty, subject to normal wear and tear. Works involving the supply only items carry a 12 month warranty, subject to normal wear and tear.
5.4) All and any existing items used or re-used, will remain the responsibility of the Buyer. Any inspection, test or comments made by Burvills are given in good faith without warranty of any kind.
5.5) All repairs carried out by Burvills are done so in good faith, with the overall interest and safety of the Buyer/user in mind.
5.6) Repairs that require major works likely to exceed a value of £750 net, will require authorisation before the repairs are carried out, unless agreed otherwise.
5.7) Burvills is not responsible for any consequential loss caused by faulty goods or installation. Burvills liability is limited solely to the repair and replacement of the faulty goods, or installation of such.


Payment and Ownership
6.1) All goods or the Works remain the property of Burvills until paid for in full. Only once the agreed payment for any goods or Works is received by Burvills will title in ownership of the said goods or Works pass to the Buyer. Burvills reserve the right to remove all or any goods from site, at any time without notice, if not paid for in full.
6.2) During the installation or period of Works, all parts installed or left on site are the responsibility of the Buyer:

6.3) Terms of Payment : 40% deposit to be paid when Order is placed, 40% on commencement of Work and unless specified otherwise in the Estimate or Order the balance of 20% to be paid in full upon completion with no retention monies.
6.4) The full amount of monies is due upon completion of the Works, even if commissioning is held up by circumstances beyond Burvills’ control.
6.5) If any additional site visits are necessary, to commission Work, an extra charge will be made to the Buyer at Burvills current service rate.
6.6) Any costs incurred by Burvills for aborted site visits or installation are to be met by the Buyer
6.7) Interest at an annual rate of 8% will be added to any outstanding monies/account not settled within 30 days of the date of invoice.
6.8) Burvills reserve the right to put on stop or hold any Works or supplies under financial dispute of any kind.
6.9) Burvills may use photographs of the Work or installations for marketing purposes unless requested not to do so by the Buyer in writing.


Cancellation/Delay
7.0) All Orders placed and subsequently cancelled by the Buyer must be advised in writing to Burvills at its Head Office.

7.1) Any Order placed and cancelled by a Buyer will carry a cancellation charge of not less than £80 plus vat (unless otherwise agreed in writing).
7.2) Any Order cancelled with part of the Work carried out by Burvills, will be liable to the full cancellation charge of 50% (deposit monies will be used to offset any such cancellation charge).
7.3) Should there be a site delay preventing commencement of the installation of the Works, then Burvills reserve the right to invoice the Buyer for 95% of the estimated contract amount. 
(This is to cover the cost of bespoke goods or specialist parts procured and either delivered to site or held in Burvills Warehouse awaiting despatch).


7.4) In the event of an extended delay, 30 days plus and not caused by Burvills, Burvills reserves the right to levy a storage of 5% per month of the sale only value of the said goods.


7.5) Burvills reserves the right to be allowed an extension of time for the completion of any installation element of the Work should inclement weather, or other condition beyond the direct control of Burvills, prevent access to the site or delay Burvills fitters carrying out the Work.


Notices
8.0) Any notices required to be sent or given under these terms and conditions shall be addressed to the Buyer and the address on the Estimate or Order ant to Burvills at its Head office.