Definitions and interpretation
1. In this Agreement the following words have the following meanings:
a. “The Company” means Posh Premier Care, whose Registered Office is at 12 Tontine Square, Hanley, Stoke On Trent, ST1 1NP.
b. “This Agreement” means the Agreement for the supply of the Services by the Company to the Customer’s Propertyas detailed in the attached Posh Premier Care CUSTOMER
Purchase order
c. “The Customer” means the Customer(s) detailed in the attached Posh Premier Care CUSTOMER PURCHASE ORDER
d. “The Products” means any product supplied as part of the attached Posh Premier Care Customer Purchase Order as specified in the Schedule(s) of Works
e. “The Services” means the repair or replacement of the Products with materials currently used by Posh Premier Care at the time of repair or replacement (excluding cleaning and lubrication and minor damage occurring through normal wear and tear)
f. “Payment” means the annual renewal fee payable by the Customer for the Services
2. Words expressed in the singular shall include the plural and vice versa.
3. Headings are for ease of reference only and do not form part of the Agreement nor are they to be taken into account in any interpretation.
The Terms and Conditions of the Service Agreement are shown below.
The service
4. If any Product shall become damaged the Company shall subject to terms of this Agreement provide the Services free of additional charge to the Customer.
Damage
5. The Services will be provided to the Customer’s Property where the Products suffer accidental damage or suffer damage by fire or by a third party gaining or attempting to gain unlawful access to or egress from the property in which the Products are installed. The Services will not be provided for cosmetic damage arising from normal wear and tear or where damage is caused by the Customer (or with their knowledge) by reason of negligence, abuse, misuse or attempted repairs.
Payment
6. The Customer shall pay to the Company the sum of £89.00 annually. This Agreement shall continue in force until the initial Expiry Date and shall be automatically renewable on a yearly basis thereafter by the punctual payment by the Customer to the Company of the annual fee subject always to acceptance by the Company.
Suspension of the service
7. The Services will be immediately and automatically suspended where any payments are not made by the due date.
Expiry of agreement
8. This Agreement lasts for one year. It is renewable annually by the making and acceptance of the appropriate Payment but subject to the provision below may not extend beyond ten years from the date of the original installation of the Products. This Agreement however may be extended by the Company beyond its usual expiry date at its sole discretion.
Transfer of agreement
9. This Agreement is between the Company and the Customer. This Agreement may be transferred to a new owner of the property in which the Products are installed providing and subject to all Payments having been made during the currency of the Agreement and providing the new owner agrees to continue making the annual payments by signing a new Standing Order Mandate. 10. For the transfer details please contact your local Posh Premier Care installation and Service Centre.
Unforeseen circumstances
11. Neither the Customer nor the Company will be liable for the failure to carry out their respective obligations under the Agreement caused by any circumstances which are unforeseen or outside the Customer or Company’s reasonable control (often referred to and known as ‘Acts of God’).
Obtaining service
12. The Services under this Agreement can be obtained from your local installation and Service Centre. The address of your local Centre is shown on your Posh Premier Care Warranty document.
Law
13. Nothing in these Terms and Conditions reduces your statutory rights relating to faulty goods including any failure to carry out obligations. For further information about your rights, contact your local Citizens Advice Bureau or your legal advisor
