Site Survey Questionnaire

Terms & Conditions

1. Definitions.
   In these Terms and Conditions “the Company” shall mean Smarter Mobile Limited. “the Buyer” shall mean any Firm, Person or Company placing an order on the Company and “the Works” shall mean all goods, materials and / or services (where applicable) to be provided by the Company in fulfilling the order as specified in the Company’s quotation.
2. Application
   All contracts entered into by the Company are subject expressly to these Terms and Conditions unless or until officially varied in writing by an authorised Officer of the Company. No verbally agreed variance to these Terms and Conditions shall be accepted and they shall take precedence over any others the Buyer might seek to impose.
3. Provision of the Survey
   In consideration of the Company providing a Survey at the Site(s), the Buyer will receive the benefit of having a survey for the provision of the Service at the Site(s).
4. Site Access
   The Buyer agrees to provide the Company with reasonable access to the Site and relevant communications infrastructure; and provide any other information as the Company reasonably requested by the Company to enable to the Company to complete the Survey. The Customer will obtain any permission needed to allow the Company to undertake the Survey at the Site. The Customer will also provide staff to accompany the Company staff or contractors, where required by the Site regulations. The Buyer and the Company will meet each other's reasonable safety and security requirements when on the Site.    If the Customer or the Company damages the other's equipment it must pay for any repair or replacement needed.  This does not apply where the damage results from normal use. The Customer will provide any other information as reasonably requested by the Company to enable the Company to complete the Survey.
5. Validity
   Until the Buyer’s official order is received and acknowledged by the Company in writing, email or other communication, the Company will try to undertake the Survey by any date agreed with the Customer, but all dates are estimates.  If the Buyer delays or prevents the Company undertaking the Survey at the time agreed, the Company may apply reasonable additional charges and/or claim a reasonable extension to any date agreed.  The Company will notify the Buyer in writing of any additional charges, which will be payable by the Buyer.
6. Charges and payment
   The charges for the survey are deemed paid at point of purchase, additional costs incurred as result are charged by separate bill. Notwithstanding the foregoing, the agreement to carry out the work, unless withdrawn earlier, will be valid for a period of sixty days from purchase.
7. Information
   The order must be submitted via the website (www.smartermobile.com)  and contain enough information to enable the Company to proceed. The Company reserves the right to revise the contents and timescale of the work if the said information is not received.
8. Descriptions
   Any descriptions, drawings, samples or performance details submitted with any Report, or other documentation, are for illustration purposes only and shall not form part of any Contract.
9. Delivery
   The time or date specified for completion of the Works shall be agreed in writing, email or other communication accepted by the Buyer. The start date shall be considered the date on which the Company accepts the Buyers order. Unless otherwise agreed time shall not be of the essence of the Contract and variations shall be permitted if the Company is unable to complete due to late or missing information from other parties.
10. Prices
    All prices are exclusive of VAT or any other statutory charges as may exist at the time of order acceptance. All prices are “ex works” unless otherwise stated.
11. Payment
    The full Contract price for the Works shall be made at point of purchase. If the payment is by Credit Card, then the Company reserves the right to withhold the provision of its services for 14 days from date of purchase or if payment is not received in full. The Company reserves the right to refuse to execute any works or services if the payment arrangement is not satisfactory to the Company.
12. Limitation of Liability
    Subject to variation as expressly provided in these conditions and except where the Works are sold to a person dealing as a consumer within the meaning of the unfair contract terms act 1977 the Company’s liability as defined above shall be in lieu of any condition, representation or warranty as to the quality or fitness for any particular purpose of the goods implied by statue or common law and save as provided for above the Company shall be under no liability whether in contract tort or otherwise in contract, tort (including negligence), breach of statutory duty or otherwise for any indirect or consequential loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption or for any other indirect or consequential loss or punitive damages which may arise in relation to the Contract whether or not the Buyer or the Company was advised in advance of the possibility of such loss or damage. The Company will indemnify without limit against injury caused to persons that is caused by the proven, in a court of law, negligence of the Company by defective material or workmanship in respect of the Works. The Company will indemnify for damage to property arising by reason of or in connection with the Company’s negligent performance of the contract. The limit of this liability shall be £1,000,000 (one million pounds).
13. Variations and Cancellations
    If after order acceptance the Buyer wishes to vary the contract the Company will implement such variations only on written instruction from the Buyer and these instructions shall include acceptance of any revision to the contract price, delivery and/or time scale revisions. Cancellation may only be made with the consent of the Company and under terms which indemnify the Company against all losses.
14. Termination
    Without prejudice to any rights accrued in the Company’s favour in respect of any breach of this contract by the Buyer the Company shall not be obliged to continue with the Works if in so far as:
    1. The Buyer is in default in making any due payments or commits a breach of its obligations under the contract or
    2. The Buyer or its parent Company or any of its subsidiary Companies as defined in the Company’s act 1985 is adjudicated bankrupt or commits any act of bankruptcy or enters into liquidation.
       
       The Company shall have the right to determine any contracts with the Buyer or to suspend or continue at its option further Works without prejudice to the Company’s right to recover any loss sustained.
15. Assignment
    The Buyer shall neither assign nor transfer the contract nor any part of it to any other party without the written consent of the Company.
16. Force Majeure
    Neither party shall be liable for failure to comply with any terms of the contract if compliance has been delayed, hindered, or prevented by any cause whatsoever beyond its reasonable control and the time for delivery or completion of the Works shall be extended by a period corresponding to the period of delay.
17. Notices
    Any notice purported to be given under the contract shall be deemed to be duly served and to have been received by the Buyer in the course of post if sent by the Company by prepaid letter addressed to the Buyer at the Buyers last know address.
18. Server Ability
    If any provision of this contact is held, by any competent authority, to be invalid or unenforceable in whole or in part the validity of the other provision of this agreement and the remainder of the provision in question shall not be affected by that invalidity or unenforceability.
19. Compliance with obligations
    Any failure by the Company to insist on the Buyers strict compliance with any of its obligations under these terms and conditions shall not be construed as a waiver or relinquishment or these obligations.
20. Entire agreement
    These conditions constitute the entire agreement between the Company and the Buyer and supersede all prior agreements whether written or oral.
21. Law
    The contract shall be construed as an English contract and governed in accordance with English Law.