1 – INTRODUCTION
1.1 – The following document outlines the standard terms & conditions between yourself or the company you represent (the customer), Immento Ltd. t/a Xenon (the supplier, referred to from hereon as Xenon) and the person carrying out the service on behalf of Xenon (the engineer).
2 – SAFETY
2.1 – A competent or responsible person shall be provided by the customer to meet the engineer, to advise on any site safety information needed and any potential hazards when working at the customer’s premises and to also ensure the availability of appliances for testing.
2.2 – The customer must make the supplier aware of any site specific PPE (other than safety boots/shoes, safety glasses, hard hat or yellow high visibility vests, which are carried as standard) required 48 hours prior to the commencement of testing otherwise be expected to provide sufficient articles for use by the engineer for the full duration of the testing.
2.3 – Xenon accepts no liability for injury, loss or damage for appliances that are not made available or are inaccessible during the agreed testing/inspection period.
2.4 – The customer must ensure that any critical information or data has been protected or backed up prior to the start of the inspection
2.5 – Xenon provides insurance cover for public liability which can be provided upon request. Xenon will accept no liability for the business interruption, loss of data or business information, losses to business related services or loss to business profits.
Xenon accepts no liability for injury, loss or damage for appliances that are found to be faulty before or after the
inspection and testing.
2.6 – Xenon assumes the customer understands the nature of the tests conducted on the appliances and the inspection and testing is carried out solely at the customers own risk. Further clarification can be provided by the engineer prior to commencement.
3 – ACCESS
3.1 – We will require uninterrupted access, or access within a reasonable timescale upon request, to all areas of the property where the equipment connected to your system is installed and all areas under protection by its installation;
and you agree to provide or bear the cost of hiring any specialist access equipment, specialist ladders or scaffolding required to complete the inspection or any other servicing or repairs.
3.2 – Equipment can only be tested if the engineer has access to it. If the equipment is inaccessible, for example behind heavy, awkward objects, then the equipment will not be tested. If the obstructing object is able to be moved in a
safe manner, the engineer will move and replace the object where reasonably practicable.
3.3 – All rooms, offices, buildings must be unlocked to gain access in order to test appliances. Xenon reserves the right to charge their non-productive rate if the engineer has to wait for room to be opened or unlocked.
4 – IT & TELECOMS
4.1 – Systems such as file servers, mail servers, network switches/hubs and telecommunication equipment will not be inspected or tested by Xenon without the express permission of the customer. In case of this equipment not being
able to be switched off these items can receive a formal visual inspection only, by agreement. The
customer shall ensure that any critical information or data has been protected or backed up prior to the start of the inspection and testing.
4.2 – IT equipment will not be shut down by Xenon unless express permission is granted by the customer. Xenon will not undertake the reboot or start-up procedures of IT equipment, this will be the responsibility of the customer.
4.3 – Telecommunication equipment will not be unplugged to be tested as they are supplied by the telephone companies and once installed are rarely switched off. The appliances will receive a formal visual inspection only, by agreement.
4.4 – Equipment including video recorders, clocks, central heating system timers, burglar alarms and any others that lose their programmed memory when disconnected from the mains electrical supply, will only be unplugged and tested by the engineer with the express permission of the customer, and it will be the responsibility of the
customer to arrange for the reprogramming of this equipment, if necessary.
5 – TIME WINDOW
5.1 – An appointment time window indicates the earliest and latest time the engineer may arrive and does not indicate the time the work will be completed and we require that you, or someone you appoint with sufficient authority, to be on the premises at all times and that they will have authority to sign for the work carried out and to authorise additional work and any associated costs where applicable.
5.2 – In the unlikely event we have to alter the date or the time window of an appointment made to carry out an inspection, we reserve the right to do so at any time but we will contact you by telephone in the first instance or any other means available.
6 – STANDARDS
6.1 – All Portable Appliance Testing will be carried out in accordance with the Institute of Engineering & Technology (IET) Code of Practice for In-Service and Inspection and Testing of Electrical Equipment 5th Edition as a minimum
standard.
6.2 – The IET’s code of practice for In-Service Inspection and Testing of Electrical Equipment does not deal with the legislation relating to the supply of equipment whether new or second hand, to a third party by the way of sale or other method. Xenon will not test any equipment which is intended for supply to a third party.
6.3 – Any equipment made available for supply at any time after being tested by Xenon will null and void the test results of that particular piece of equipment.
7 – INVOICING & PAYMENT
7.1 – All invoices will be sent to a valid e-mail address in PDF format.
7.2 – Payment terms of 30 days from date of invoice will be applied unless previously agreed in writing.
7.3 – Invoices will reflect the exact number of appliances tested, not the estimated quantity and will be adjusted as per your quoted rates.
7.4 – Xenon accepts payments by bank transfer only.
7.5 – Xenon reserves the right to apply penalties and interest as outlined in the Late Payment of Commercial Debts (Interest) Act 1998 and The Late Payment of Commercial Debts Regulations 2002 in the event of late payment
7.6 – Xenon reserves the right to charge a cancellation fee equal to the quoted minimum invoice amount if the premises are closed, the engineer cannot gain entry or contact the customer/the customer’s representative or
the customer cancels within 48 hours of the start of the planned appointment window.
7.7 – Where minimum invoice amounts per location apply, a location is defined as an area where the test sites are adjacent to, or within 250 metres as the crow flies of each other.
7.8 – Works not included within the scope of the routine inspection or that incur additional charge, will only be carried out with the customer’s authorisation or the authorisation of the person you have appointed to allow us access.
7.9 – Wherever possible, the customer should provide a suitable vehicle parking facility for use by our personnel which is free from any legal restrictions and immediately close to the location at which the goods are to be supplied or installed and/or services provided. Where this is not available parking charges will be added to the invoice at cost.
7.10 – Xenon reserves the right to charge a rate of £9+VAT per 15 minutes for non-productive time where the engineer is unable to perform testing due to circumstances outside of the control of Xenon or its engineers.
8 – CERTIFICATION
8.1 – The ownership of all test results and certificates remains the property of Xenon until all invoices are paid in full. Upon receipt of cleared payment the test results and certification will be sent to a valid e-mail address provided by the customer.
Your safety is our business.