1. Definitions
In these Conditions:
‘ Hi-Tec’ means Hi-Tec Refrigeration; ‘the Customer’ means the person, firm or company to or for whom Hi-Tec agrees to supply goods and/or provide services; ‘Equipment’ includes all types of structures, cold stores and refrigeration plant and associated machinery, systems and equipment and parts and spares therefore which Hi-Tec agrees to supply and/or in respect of which, whether supplied by Hi-Tec or not, Hi-Tec agrees to provide services; ’Work’, means the design, building , installation, servicing, maintenance and/or repair of Equipment and/or such other services as Hi-Tec may from time to time agree in writing to provide; ‘the Contract’ means the agreement made between Hi-Tec and the Customer for the supply of Equipment and/or the performance of work, ‘the Price’ means the price in the Contract (as increased, as the case may be, under Condition 8); ‘The Breakdown/Maintenance Service Agreement’ means the additional terms and conditions which Hi-Tec may from time to time specify in writing as applying to the inspection, servicing and maintenance of Equipment.

2. Terms of Contract
The Contract is made on and subject to only these Conditions. No variation of these Conditions shall be effective unless in writing and signed by an authorised representative of Hi-Tec.

3. Disclosure
The Customer warrants that it has disclosed to Hi-Tec all facts and information affecting or likely to affect the Work and the health and safety of Hi-Tec’s employees, agents and sub-contractors in the performance of the Work and/or the operation of the equipment and shall from time to time promptly disclose in writing to Hi-Tec any alterations or prospective alterations to such facts and information.

4. Facilities and Assistance
(a) The Customer shall ensure that Hi-Tec shall have free of charge the use of such facilities and services as Hi-Tec may from time to time reasonably require to perform the Work.
(b) No person provided by the Customer or any third party to assist Hi-Tec shall be or be deemed to be an employee or agent of Hi-Tec.

5. Approvals
it is an express condition of the Contract that the Customer has obtained and shall maintain all necessary permissions, consents and approvals in respect of the Work. The Customer shall promptly supply to Hi-Tec such evidence of the same as Hi-Tec may from time to time reasonably require.

6. Time
Hi-Tec shall use such endeavours as shall be commercially practicable to meet any estimated delivery or completion date but time shall not be of the essence of the Contract in this respect.

7. Warranty
All new goods supplied or installed by Hi-Tec are guaranteed for 12 months unless otherwise stated in writing. No claim for loss of food or other perishable goods will be entertained. All perishable goods are to be at the risk of the customer.

8. Price Increases
Hi-Tec may without prejudice to its other rights and remedies by written notice to the Customer increase the Price:
(a) Where Hi-Tec has agreed in writing with the Customer to perform all or part of the work outside Hi-Tec’s normal working hours from time to time; and/or
(b) By an amount equivalent to:
(i) the additional costs incurred by Hi-Tec by virtue of any breach by the Customer of Conditions 3 and/or 5 above; and/or,
(ii) any increase in Hi-Tec ’s costs beyond Hi-Tec ’s reasonable control whether under Condition 10 below or otherwise.

9. Payment
Unless the customer and Hi-Tec agree otherwise in writing the Customer shall pay to Hi-Tec the Price together with value added tax thereon at the appropriate rate within 30 (thirty) days of the date of the invoice therefore and interest at 2% above Bank base rate from time to time shall be chargeable on any part of the Price not paid within such period.

10. Alternative Equipment
In the event that Hi-Tec cannot reasonably obtain all or any part of the Equipment specified in the Contract, Hi-Tec may after notifying t he Customer of the type and additional cost (if any) of alternative Equipment of the same or similar quality supply such alternative Equipment under the contract.

11. Liability
Subject as otherwise provided in these Conditions:
(a) Hi-Tec shall not in any circumstances be liable for any loss or damage whether direct, indirect, consequential or otherwise (including, without limitation, damage to property and loss of profits), save in respect of death or personal injury resulting from the negligence of Hi-Tec or any of its employees; and
(b) All warranties and representations on the part of Hi-Tec are excluded to the extent permitted by law.
This Condition shall apply only to the extent that it shall be a fair and reasonable one to be included in the Contract.

12. Termination
Hi-Tec may, without prejudice to other remedies, in writing terminate the Contract at any time if the Customer:
(a) Commits a breach of any of its obligations hereunder; or
(b) Is adjudicated bankrupt or (being a company) shall enter into liquidation or have a receiver of its assets appointed or (in any event) makes any compositions or arrangements with its creditors.

13. Force Majeure
Neither party shall be under any liability for any delay, loss or damage caused wholly or in part by any act, matter or thing beyond its reasonable control including without limitation any act done or not done pursuant to a trade dispute whether such dispute involves its employees or not.

14. Assignment
The Customer shall not but Hi-Tec may assign, transfer or sub-contract the Contract in whole or in part to any third party.

15. Risk
Risk in Equipment supplied by Hi-Tec shall pass to the Customer on the Equipment being loaded for delivery to the Customer or, if transported by or to the order of Hi-Tec, on arrival of the Equipment at the place of delivery.

16. Title
Title in Equipment supplied by Hi-Tec shall pass to the Customer upon payment in full therefore or when Hi-Tec serves written notice upon the Customer specifying that title in the Equipment has passed whichever is the earlier. The Customer shall permit Hi-Tec’s authorised representative to enter the Customer’s premises and repossess the Equipment at any time prior thereto.

17. Guarantee
(a) Hi-Tec undertakes [subject to (b) and (c) below] that it will replace free of charge and, where applicable, put in good working condition:
(i) any parts of the Equipment (other than spare or replacement parts) becoming defective during the guarantee period given by the manufacturer of the relevant part or, if longer, the period of 12 months following first installation of the Equipment; and
(ii) any spare replacement parts becoming defective within 90 days of being supplied.

Provided that:

The Equipment (other than spares) shall have been installed within 3 month’s of delivery;
The defect is reported within 7 days of discovery;
The defect is not due to neglect, power failure/fluctuation, abuse or improper use of Equipment.
The Equipment has not been damaged by movement by, or worked on by, anyone other than Hi-Tec;
The relevant part is reasonably obtainable by Hi-Tec failing which Hi-Tec may provide a suitable alternative and charge any additional cost; and
The Equipment is situated in the mainland of United Kingdom.
(b) This guarantee shall not apply to glass parts, electric lamps, fluorescent tubes and/or starters.

(c) Hi-Tec will endeavour to pass to the Customer the benefit of any guarantee received by Hi-Tec in respect of the Equipment.

(d) The Customer will not pursue any claim concerning the Equipment without first giving Hi-Tec reasonable opportunity to consider full written details of such claim.
(e) If within a reasonable time Hi-Tec rectifies the defect giving rise to a claim referred to in (d) above, Hi-Tec shall be under no liability for any loss or damage arising directly or indirectly in connection with such defect or any delay in rectification.

NOTHING IN THESE CONDITIONS SHALL AFFECT THE CUSTOMER’S STATUTORY RIGHTS WHERE THE CUSTOMER ENTERS INTO THE CONTRACT OTHERWISE THAN IN THE COURSE OF A BUSINESS.