0113 204 7755

info@wtstechnologies.co.uk

1 Milestone Court Stanningley Leeds LS28 6HE

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Service Rules Defined

Terms of Service

The services provided by WTS Technologies Ltd are governed by the following terms of service, which outline the rights, responsibilities, and obligations of both the company and the client. By engaging our services, the client agrees to abide by these terms in full.

GENERAL CONDITIONS OF SALE AND SERVICE

GENERAL

This Agreement constitutes the entire Agreement between the Buyer and WTS Technologies Ltd and supersedes all proposals or prior Agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement. No alteration, waiver or modification of the printed terms of this Agreement shall be valid unless signed by a Director of WTS Technologies Ltd and by a person authorised by the Buyer. Variance from the terms of this Agreement in any order or other written modification from the Buyer will be of no effect.

LAW AND ARBITRATION

This Agreement shall be constrained and governed in all respects by English Law.

SALE

  • 1. The Buyer shall prior to delivery, furnish adequate electrical current and fittings and telephone connections where required at a suitable site with such facilities as maybe required in accordance with WTS Technologies’s installation instructions. The equipment will be Installed by WTS Technologies under the Supervision of WTS Technologies’s authorised representative but the Buyer is responsible for all, and shall furnish the necessary additional labour required by WTS Technologies for placing the units where free access to the installation site is not available or where installation outside WTS Technologies’s normal working hours is required.
  • 2. An order once accepted by WTS Technologies is binding on the Buyer and may not be cancelled unless specifically agreed In writing by WTS Technologies. WTS Technologies reserves the right to charge for any work done on any equipment and/or service provided up to the agreed cancellation date. A restocking fee of 35% will be applicable for any agreed cancellations.
  • 3. The equipment shall remain the property of WTS Technologies until paid for In full by the Buyer. Should payment of the amount owing under this Agreement not be made when due, WTS Technologies may remove and repossess the equipment (and for that purpose WTS Technologies shall be entitled to enter upon any premises occupied by the Buyer) In addition to exercising other rights or remedies as may be conferred on it by law.
  • 4. No responsibility is accepted by the seller for any loss or damage whatsoever arising from any failure to deliver, or any delay in the delivery of the Equipment to the Customer.
  • 5. The Buyer must notify the Seller within (1) working day of receipt of the equipment of any errors, faults, omissions or shortages quoting any reference and delivery note numbers.
  • 6. Catalogues, price lists and other advertising material are only indicators of the type of goods offered and shall be subject to variations from time to time by WTS Technologies and no prices or other particulars contained therein shall be binding on WTS Technologies.

 

Prices shown overleaf or on quotations and letter acknowledgments are given in good faith by WTS Technologies and every endeavour will be made by WTS Technologies to maintain the price quoted. Any such prices are however subject to variations as a result of fluctuations in the rate of exchange, changes in import duties on imported components, changes in local taxes and the cost of labour, materials and associated charges. Prices are therefore subject to change by WTS Technologies without notice and shall, unless otherwise agreed in writing between the parties, be adjusted to the price ruling at the date of despatch.

SERVICE – ALL PRODUCTS

  • 1. This is a Service and Supplies Agreement for a Photocopier (herein-after called “The Equipment”) installed at the “Customer’s Address” as set out opposite and is not effective until it is accepted by WTS Technologies and returned to the Customer.
  • 2. This Agreement shall continue for a period of five years (thereafter annually) from the date of acceptance by WTS Technologies or from the date of installation of the equipment whichever is the earliest, however, The Customer or WTS Technologies may cancel this Agreement at any time by telling the other in writing at least twelve months beforehand except that WTS Technologies can cancel this Agreement at once if the customer is in default Should the customer give twelve months written notice of termination and continue to use the equipment as normal the customer will be liable to pay either the actual charges for that period or a sum equivalent to twelve times the average monthly number of copies produced on the equipment since the date of installation, whichever is the greater. Should the customer no longer require normal use of the equipment WTS Technologies will immediately invoice the customer a sum equivalent to six times the average monthly number of copies produced on the equipment since the date of installation. This compensates WTS Technologies for the use of drums, fuser rollers, developer, toners etc., which are all supplied in advance.
  • 3. After the first year of this Agreement and provided not less than 30 days prior written notice has been given by WTS Technologies to The Customer, WTS Technologies shall be entitled to vary the price of subsequent metered copy charges to The Customer. Any maintenance cost per copy agreement, which is uneconomical, or loss making to continue will be terminated by giving 30 days written notice.
    • 3A. ln addition, WTS Technologies reserves the right to increase the copy cost should the average monthly volume over the previous12 months fall below that of the original contract stated monthly volume and to increase the copy cost should toner usage exceed 5% coverage per page. For scanning a fixed fee of £4.95+vat per month will be chargeable.
  • 4. WTS Technologies may terminate this Agreement immediately by notice in writing in the event of The Customer (being an individual) committing an act of Bankruptcy or (in the case of a Company) in the event of a presentation of a petition to wind-up The Customer or the passing of a Resolution for the voluntary winding-up of the Customer or the appointment of a Receiver to the whole or any substantial part of the business and undertaking of the Customer or (in any case) upon the breach by the Customer of any of the provisions of this Agreement.
  • 5. The Customers right to cancel this Agreement under Clause 2 or Clause 3 or to enter into a fresh Agreement shall not affect any Agreement for the hire or lease or lease purchase of the equipment between The Customer and the legal owner of the equipment.
  • 6. WTS Technologies in the absence of any negligence on its part shall not be liable for any consequential loss whatsoever or howsoever arising.
  • 7. The charges under this Agreement are set out in the schedule below and are for all consumable items other than paper, coloured toners and spare parts which are outside of the manufactures guarantee. The charges include all labour and travel costs incurred by WTS Technologies Ltd. On any preventative, maintenance calls as well as labour and travel costs incurred on all emergency break-down service calls (except, as specified in clause 2 of this agreement). Metered copy charges, based on A4 copies, invoiced monthly in arrears will be subject to a minimum charge of £25 per month plus VAT or the multiple of the agreed monthly minimum volume and the current copy charge whichever is greater.
  • 8. WTS Technologies will use its best endeavours to maintain the equipment in good working order during the term of this agreement.
  • 9. The Service provided under this Agreement is included in the metered copy charge except for the following:
    • (a) Service requested outside the normal working hours of 9 am to 5 pm Monday to Friday which may be the subject of additional charges and statutory holidays.
    • (b) Service occasioned by neglect or misuse of the equipment or by any breach of the Customers responsibilities listed herein by The Customer or his employees or his agent. WTS Technologies reserves the right to charge the Customer additionally with the cost to WTS Technologies of providing such work over and above the normal cost of providing routine maintenance at its prevailing rate of charge.
  • 10. Where we agree to provide maintenance on third party equipment not supplied by WTS Technologies, we reserve the right to charge for consumables (i.e. drums, fusers, developers etc) after replacement these will be covered under our normal terms. Internal power boards are not covered under the terms and conditions of this service contract.
  • 11. On installation of equipment, WTS Technologies will as a one off provision connect 3 PC’s to print / scan, thereafter additional PC’s will be charged at £25.00+vat. IT maintenance is not covered within this contract, however, further IT support is available at a rate of £85.00+vat per hour. IT Remote support is charged at £21.97+vat per month. This includes 2 remote calls.
  • 12. Toner deliveries charged at £14.95+vat for same/next day where available and £6.95+vat for standard postal deliveries.
  • 13. Should the customer or the authorised assignee of the Customer purport to terminate this agreement or refuse to accept delivery of the equipment under the terms of this agreement, then WTS Technologies shall be entitled to make a cancellation charge to the Customer for 30% of the invoiced price.
  • 14. WTS Technologies warrants that the equipment will at the time of delivery correspond to the description given by WTS Technologies, except where the customer is dealing as a consumer as defined in the Unfair Contract Terms Act 1977 Section 12. All other warranties, conditions or items relating to fitness for the purpose, merchantability or condition of the equipment and whether implied by stature or common law or otherwise are excluded.
  • 15. The equipment shall be at the risk of the customer as from delivery, adequate insurance must be in place to cover any loss / damage.

CUSTOMER RESPONSIBILITIES

  • 1. The Customer shall submit meter readings to WTS Technologies upon request from an authorised representative or by completing the meter reading form on our website or responding to the monthly email.
  • 2. The Customer shall promptly pay all invoices within 30 days of the invoice date. Failure to pay within this period will incur an administrative charge of £25.00+vat per month until the account is brought up to date.
  • 3. Neither the Customer nor any employee or agent of theirs shall attempt to alter, repair or otherwise interfere with the equipment without the written consent of WTS Technologies.
  • 4. The Customer shall allow the service engineer or other authorised representatives of WTS Technologies to enter the Installation address for the purpose of inspecting or repairing the equipment or to verify meter readings during the normal working hours of The Customers business.
  • 5. The Customer agrees not to move the equipment from the installation address without the prior written consent of WTS Technologies which will not be unreasonably withheld provided that the new installation address falls within the normal servicing areas covered by WTS Technologies and within a suitable environment for a photocopying machine.
  • 6. The Customer agrees that the consumable items installed in the machine on this meter charge Agreement are the property of WTS Technologies and in the event of unlawful Termination of this Agreement must be returned to WTS Technologies If so demanded.
  • 7. The Customer agrees not to assign this Agreement without the prior written consent of WTS Technologies.
  • 8. The Customer acknowledges that where this Agreement shall be signed by an employee or an agent of the Customer who has been held out to WTS Technologies as duly authorised in that behalf the signature shall be binding upon the Customer.
  • 9. The Customer shall provide two responsible persons as “machine supervisors” for training by WTS Technologies in the use of the equipment and WTS Technologies shall provide reasonable facilities for the training of such persons upon the Customer’s premises. The Customer shall notify WTS Technologies immediately of any change of machine supervisor and shall make such replacement personnel available for training.
  • 10. The Customer agrees to use paper of good standard, that in WTS Technologies’s view does not impair, damage or cause more frequent call outs due to excessive dust build up or abrasion of rollers and feed tyres, or excessive curling. The Customer will in such circumstances be offered competitively priced WTS Technologies quality assured paper. Any further resulting call outs due to inferior paper will be regarded as neglect and of a chargeable nature.
  • 11. Collection of equipment is charged at (from our registered address): within 50 miles radius £125.00+vat, within 100 miles radius £175.00+vat, thereafter £225.00+vat., per machine. Data cleanse is charged at £125.00+vat. per machine.
  • 12. The customer is responsible for providing power surge protectors for the devices supplied, circuit boards are not covered within this agreement. The photocopier must be plugged into a power surge.

REMEDIES

  • 1. In the event of the Customer unlawfully terminating this Agreement the parties agree that the following provisions will apply:
    • (a) The Customer will pay all monies due under the Agreement up to and Including the date of unlawful termination of the Agreement; and
    • (b) The Customer shall pay liquidated damages for the residual period of the Agreement at the rate of 65% (sixty five percent) of the average annual metered copy charge of The Customer on an historic basis at the cost per copy prevailing at the date of unlawful termination.
    • (c) The Customer recognises and accepts that the amount calculated in accordance with paragraph (b) represents a fair measure of the losses to WTS Technologies as would be calculated by a Court of Law.
  • 2. WTS Technologies reserves the right to withhold service (either breakdown or routine maintenance) in the event of the Customer failing to make due payment under this Agreement or in the event of the Customer being in breach of this Agreement.

NOTICES

Any notices to WTS Technologies must be delivered to the address below for the attention of the Company Secretary and acknowledged in writing by the Supplier. WTS Technologies Limited Unit 1, Milestone Court, Stanningley, Leeds, LS28 6HE