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Terms & Privacy
YOUR PRIVACY
EEF Sheffield respects and will protect your privacy, at all times. We will never sell or disseminate your personal details to third parties.
Occasionally, we may wish to send you details of special offers, or any complementary added value services, which EEF Sheffield considers may be of interest to you. If you do not wish to receive such communications, you may unsubscribe, at any time, by sending an email to unsubscribe@eefshe.co.uk and we will amend our records immediately.
STANDARD TERMS AND CONDITIONS FOR SUPPLY OF EEF SHEFFIELD SERVICES
(CONTRACTUAL TERMS AND CONDITIONS)
1 General
(a) EEF Sheffield supplies services (the “Services”) on the terms and conditions set out below and any “Special Conditions” set out in its quotation and no other, unless they have been specifically accepted by EEF Sheffield in writing. All instructions from the Customer are accepted on the basis of these terms and conditions, and will apply unless some other terms are accepted in writing by EEF Sheffield. The Customer’s purchase orders shall not alter, or add to, these conditions, notwithstanding that such purchase orders may purport to make the contract between EEF Sheffield and the Customer subject to the Customer’s or any other terms and conditions.
(b) If any provision of the conditions printed below shall be held to be invalid, the remaining provisions of such conditions shall continue in full.
(c) The suppliers of the Services for EEF Sheffield, whether EEF Sheffield employees or other contractors, are hereafter referred to as “the Consultants”.
(d) Any contract resulting from an EEF Sheffield quotation shall be governed and construed in accordance with English law and jurisdiction.
(e) EEF Sheffield shall provide the Services requested, and as described in any EEF Sheffield written proposal, exercising reasonable care and skill at all times.
2 Payment and Price
(a) Prices quoted are exclusive of VAT which shall in addition be payable by the Customer at the applicable rate.
(b) Fees and/or prices quoted in proposals are firm for the period specified in the proposal and may be subject to revision on completion of that period.
3 Intellectual Property
(a) The copyright and other intellectual property rights of whatsoever nature in any drawings, documents, computer programs or other property capable of copyright protection produced by, or on behalf of EEF Sheffield for, or relating to, the Customer, shall be and remain vested in EEF Sheffield. Such items shall only be used outside the Customer’s premises with EEF Sheffield’s written permission.
(b) EEF Sheffield shall not disclose information confidential to the Customer without the Customer’s permission, or unless ordered by a court or statutory body of competent jurisprudence.
4 Patents
EEF Sheffield will not conduct patent searches in connection with the Services and assumes no responsibility for any patent, intellectual property, copyright or similar infringement arising from the Services, when such infringement was not readily obvious to EEF Sheffield.
5 Customer’s Obligations
(a) The Customer agrees to provide full and safe access for the Consultants and their vehicles on or into the premises at which the Services are performed, and adequate free working space and such other facilities as may be necessary for the provision of the Services in safety, and to protect occupational health.
(b) The Customer will provide safe and secure facilities for the keeping and storage of plant, equipment and vehicles belonging to the Consultants throughout the period during which the Services are to be provided.
(c) The Customer will maintain suitable employer’s liability and public liability insurance relating to areas where the Consultants are given access.
(d) The Customer will negotiate any additional work arising from the Services only with the EEF Sheffield’s direct employees.
6 Liability
(a) Customers shall to the fullest extent permitted in law, indemnify and hold harmless EEF Sheffield and its Consultants from and against any and all claims, damages, losses or expense, arising out of or resulting from any injury or damage sustained on the Customer’s premises or for which the Customer is responsible.
(b) The following provisions set out EEF Sheffield’s entire liability (including any liability for the acts and omissions of its Consultants) to the Customer in respect of:
(i) Any breach of its contractual obligations relating to the provision of the Services.
(ii) Any representation, statement or tortious act or omission including negligence relating to the provision of the Services: any act or omission on the part of EEF Sheffield or its Consultants within this sub- clause being “an Event of Default”.
(c) Subject to Clause 6(b) above, EEF Sheffield shall not be liable to the Customer in respect of any Event of Default for loss of profits, goodwill or any type of indirect or consequential loss, including the acts or omissions of the Customer, even if EEF Sheffield had been advised of the possibility of the Customer incurring the same. For the avoidance of doubt in particular, EEF Sheffield shall not be liable to make any contribution to the Customer pursuant to the Civil Liability (Contribution) Act 1978.
(d) Except in the case of any Event of Default arising under Clause 6(c) above, EEF Sheffield shall have no other liability to the Customer in respect of any Event of Default unless the Customer shall have served notice of the same upon EEF Sheffield within one year of the date it becomes aware of the circumstances giving rise to the Event of Default or the date when reasonably expected to become so aware.
(e) EEF Sheffield’s entire liability to a Customer for all claims arising out of the Services or from the performance or breach thereof, shall not exceed five times the service revenue received by EEF Sheffield from the Customer for the Services or £200,000, whichever is less, whether such claims arise from negligence, breach of warranty, breach of contract, or any other cause.
(f) In addition, EEF Sheffield’s entire liability to the Customer in respect of damage to the real and tangible personal property of the Customer resulting from EEF Sheffield negligence or that of any of its Consultants shall also be limited to damages of an amount of £100,000.
(g) EEF Sheffield shall provide and maintain, at its own expense, Employer’s Liability Insurance indemnifying its own employees as provided for in law.
(h) In particular, EEF Sheffield shall have no liability to the Customer in relation to damages to the Customer’s software caused by the introduction of a computer virus.
(i) Nothing in Clause 6 shall confer any right or remedy upon the Customer to which it would not otherwise be legally entitled.
7 Force Majeure
(a) Notwithstanding anything else herein, EEF Sheffield shall not be liable for any delay in performing the Services or any of its obligations hereunder if such delay is caused by circumstances beyond its reasonable control including, without limitation, ill-health of any Consultant or any delay caused by any act or omission of the Customer.
(b) In the event of cancellation caused by circumstances within Clause 7(a) above, EEF Sheffield may recover from the Customer expenses already incurred.
8 Complaints
In the event that the Customer is dissatisfied with the Services provided, the Customer should notify the Director of EEF Sheffield, at the earliest possible occasion, who shall attempt to resolve the complaint.
9 Publicity
EEF Sheffield may request the right to list the Customer on a Client List for inclusion on marketing literature and proposals. Details of the work undertaken on assignments shall not be disclosed without the prior approval of the Customer.
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