Terms and Conditions
Terms and Conditions
Contract / Installation Terms and Conditions
The Quotation and these terms and conditions together form our contract with you, and are binding on you. Please read them carefully and check that you understand them, and that they contain everything that you have agreed to and nothing that you are not prepared to agree to.
The definitions in these terms and conditions apply to the terms and conditions throughout this document.
“Job Completion Form” the form provided by us to be signed by you to confirm that:
The Installation has been completed and the System has been commissioned; and we have, or our sub contractor has, explained:
a) How the System operates; and
b) How the System should be maintained;
“Company”, “our”, “we” or “us” means Sunfinity Trading, a company registered in Philippines with registered office at 36 Matias Road, Brgy. Holy Spirit, Quezon City.
“Completion” means the Installation of the System at the Property and the demonstration to you of the operational availability of the System in accordance with the “Quotation” but excluding any minor faults which do not affect the operational availability of the System, which we will endeavour to correct as soon as practicable after completion;
“Contract” the contract that is formed between you and us in relation to the Installation (following your signature on the Quotation and Survey Form). This Contract incorporates the Terms and the Conditions and the Quotation;
“Deposit” the sum specified as the deposit in the Quotation;
“Deposit Confirmation” is the letter from us to you to confirm that we have received your Deposit;
“Force Majeure Event” means any event outside our reasonable control;
“Installation” is the standard installation of the System (as specified overleaf);
“Liability” means actions, awards, costs, claims, damages, losses (including without limitation any direct or indirect consequential losses), demands, expenses, loss of profits, loss of reputation, judgments, penalties and proceedings and any other losses and/or liabilities;
“Non- Standard Installation” includes standard Installation criteria plus any extra or additional works at the Property specified in the Quotation or as otherwise agreed by us or as specified within the Survey Form to allow the Installation;
“Party” either you or the Company;
“Property” the property stated in the Quotation and Survey Forms that is owned by you at which the Installation is to be carried out;
“Quotation” a written quotation for the installation of the System, the Quotation’s contents being subject to the contents of the Survey of the Property;
“System” the system agreed to be installed by us at your Property as set out
in the Quotation;
“You” means the person who contracts with us named in the Quotation;
“Work” means any services and/or work to be performed by us for you; and
“Writing” or “written” includes faxes and e-mail.
Headings do not affect the interpretation of these terms and conditions.
2.0 Property Ownership
2.1 We will enter into this Contract on the strict understanding that you are the legal owner of the Property. We reserve the right to verify ownership of the Property and you agree that, if requested by us to do so, you will co-operate with these enquiries to include but not limited to providing all such information and/or documentation as we require in order to verify ownership of the Property.
3.1 We will deliver the System referred to on the Quotation and carry out the work as specified on this and on any related continuation sheets. The Company policy is one of continuous improvement of its products. We therefore reserve the right to incorporate modifications of a minor or technical nature in the System.
3.2 We will use reasonable efforts to carry out the Installation on the date we estimate, but if we need to rearrange the date of the Installation we will tell you as soon as we can. It is not a condition of this Contract that we must provide the Installation on the estimated date.
3.3 We will have no Liability for any damage to your Property, or for any delays, caused by any extra works that you have arranged yourself.
3.4 If you need to change the date for the Installation you must call us as soon as you are able to and we will try to arrange an alternative date with you.
3.5 Notwithstanding the foregoing, the Company will have no Liability for any delay in Installation due to factors beyond our control including delays occurring due to applications/granting of permissions/consents and/or adverse weather conditions.
3.6 Following Completion of the Installation we will ask you to sign the Job Completion Form to confirm that the Installation has been completed and that you have been told how the System operates and should be maintained.
3.7 In order to help us maintain our standards of work we monitor a selection of all Installations that we undertake. Where your Property is selected for monitoring, you agree to give our technical personnel access to your Property on a date we agree with you (on at least 48 hours’ notice) so that the monitoring can take place.
4.1 The Contract price is payable in the following stages:
i) A deposit of 50% when the Quotation is signed;
ii) The balance on Completion of the Installation; and
iii) All payments must be made at the appropriate stages before we can carry out the next stage of the work.
iv) We will accept payment of the Contract price by bank draft or building society cheque; or personal cheque payable to the Company; or debit card; or Visa or MasterCard credit card.
4.6 We reserve the right to add interest at the rate of 4% above the bank base rate calculated on a daily basis on any sum due from you to us which is overdue by 30 days or more.
5.1 You agree to provide reasonable access to enable the Installation to be carried out and completed.
5.2 You agree to ensure that the Property is kept clear and allow access to enable work to be carried out at all reasonable times including at weekends and on bank holidays and to permit, without charge, access to an electricity supply on site.
5.3 In the event that further work is required to complete the Installation to your satisfaction e.g. snagging, or work under guarantee, you agree to provide such reasonable access as we may require to enable this work to be carried out at all reasonable times, including at weekends and on bank holidays and to permit, without charge, access to an electricity supply on site.
6.0 DEFECTIVE PRODUCTS
6.1 The guarantees are given in addition to all your rights under common law and statute.
6.2 In the unlikely event that the System does not conform to the Quotation, please let us know as soon as possible after completion of the Installation. If the issue cannot be resolved by telephone, we will arrange for an engineer to attend your Property to determine any problem with the System on a date agreed between you and us. If our engineer determines that the System is faulty, we will arrange for the System to be repaired or replaced, on a date agreed between you and us, at no additional cost to you
6.3 These terms and conditions will apply to any repaired or replacement System we install for you in accordance with clause 6.2, except that any spare parts installed in the System pursuant to clause 7 will only be guaranteed for the unexpired term of the guarantee set out in clause 7.