All quotations are made and all orders are accepted subject to the following conditions, not withstanding any statements made to the contrary in Customer's order form or in correspondence and not withstanding any representation whether written or oral made by or on behalf of the Company.
The Company reserves the right at any time to refuse to accept orders and cancel any incomplete orders or suspend any delivery, due to circumstances beyond its control. A charge of up to 30% of the invoice price shall be made should the Customer cancel without the written agreement of the Company. (Such charges to cover loss of profit incurred by the Company)
The prices shown in our catalogue and price lists are correct at time of printing but are subject to alteration without notice and goods will be invoiced at prices ruling at the time of delivery. Quotations are made at current prices and must be accepted within 3 days from the date of quotation otherwise they will be deemed to have been withdrawn. The prices quoted are subject to adjustment on the price invoiced and will be the price ruling at the date of delivery.
The delivery period will commence on the receipt by the Company of a written order, accompanied by sufficient information to enable the Company to proceed with the order. The time for delivery is an estimate only and the Company shall not be held liable for any delay in delivery nor any failure to perform its obligations under the terms and conditions of the contract.
The Company requires written notification of any claims within three days in respect of damaged goods and within fourteen days in respect of non-delivery.
Payment terms are cash on delivery of goods. Credit is only given under separate agreement and may be withdrawn at the discretion of the Company.
All goods shall remain the property of the Company until payment shall have been received in full by the Company notwithstanding that the delivery date shall have passed or actual delivery shall have taken place. Risk shall pass to the customer on delivery to the Customer. The Company shall be entitled to recover from the Customer any goods for which payment has not been received when due, and may enter upon the premises of the Customer to recover such goods. Where the Customer has purported to re-sell the goods before the property in them has passed to the Customer the proceeds of such purported re-sale shall be held in a separate bank account in trust for the Company in or towards satisfaction of the contract price.
Where the Customer uses banking facilities or factoring or an invoice discounting company which involves the selling of debtors or using debtors as security, the customer must notify the factoring or invoice discounting company of the Company's interest in the goods and specifically that the title in the goods and specifically that title in the goods has not passed until the invoice has been paid in full.
The liability of the Company is limited to the repair or replacement of defective goods at the discretion of the Company.
Kogo Limited take every care to ensure that the goods supplied to you are of the highest quality. Kogo Limited take no responsibility for damage to hardware or software systems caused by delivery of goods supplied in good faith which are then found to be faulty.
All quotations are made and all orders are accepted subject to the following conditions, not withstanding any statements made to the contrary in Customer's order form or in correspondence and not withstanding any representation whether written or oral made by or on behalf of the Company.
The Company reserves the right at any time to refuse to accept orders and cancel any incomplete orders or suspend any delivery, due to circumstances beyond its control. A charge of up to 30% of the invoice price shall be made should the Customer cancel without the written agreement of the Company. (Such charges to cover loss of profit incurred by the Company)
Payment terms are 14 days from the date of invoice. Other terms are only given under separate agreement and may be withdrawn at the discretion of the Company.
Timesheets must be completed by the contractor and signed by the Customer on a weekly basis. A copy should be kept with the customer and two with the contractor, one of which will be sent along with the invoice.
Kogo Limited assumes responsibility for the payment of remuneration, deduction and payment of all statuary contributions in respect of Earnings Related Insurance and the administration of Schedule E Income Tax (PAYE), applicable to the contractor as required by law.
Kogo Limited may require certain expenses to be paid by the customer that the contractor may incur. These expenses will be agreed prior to the expenditure and invoices for which are bound by the payment terms within the standard terms and conditions.
The engagement or use by a Customer of a contractor or former contractor introduced by Kogo Limited, whether for a definite or indefinite period, or the introduction of such contractor to other employers with a resulting engagement, (or where applicable if the contractor has become incorporated under a limited company, the engagement use or introduction of that limited company) renders the Customer subject to the payment of an introduction fee calculated at 15% of the annual commencing gross taxable remuneration and taxable emoluments, payable by the Customer to Kogo Limited, provided that the engagement takes place within a period of 6 months from the termination of any temporary assignment, or within 6 months of the introduction of the contractor, whichever is later. Where the amount of the annual commencing remuneration is not readily ascertainable, the fee will be calculated as a multiple of 200 times the hourly charge at which the contractor was last supplied to the Customer by the Kogo Limited. No refund of the introduction fee will be made by Kogo Limited to the Customer in the event of the subsequent termination of such engagement.
The customer must ensure at all times that the contractor is made aware of Health and Safety procedures in the same manner they would for their own employees as part of the statutory health and safety laws.
All hours quoted for are fixed and if no extra hours are worked no additional charges will be incurred. If the contractor exceeds the fixed hours then overtime rates will apply. These rates are one and one third for standard overtime two hours either side of the standard fixed working day. Other hours are charged at one and half apart from Sundays, which are two times, and Bank Holidays, which are three times. Overtime is at the discretion of the contractor and cannot be enforced.
Termination of the contract must be made in writing and the termination fee will be calculated at 30% of the remaining contract. Confirmation of termination will be sent to the customer once approved by a director (or authoritive substitute). The customer must adhere to the notice period that was agreed within the quotation for services. If the contract is to be terminated due for a performance reason where the contractor has failed to reach the standards expected by the customer, the customer must at first contact the Project Manager for the project to discuss the situation. If an agreement cannot be reached or an alternative contractor will not be accepted then the contract may be terminated prematurely with written authorisation from a Director (or authoritive substitute).
No variation can be made to these Terms and Conditions without the written consent of a Director of Kogo Limited.