Fixed Prices
Davis Control Solutions Ltd works on a fixed price bases. Prices quoted do not include VAT or financing costs. VAT is to be added at the current rate in force at the time of invoicing.
Our price remains fixed and firm for the duration of the contract period providing that:-
- The complete order and essential details are received within the validity period of our proposal.
- The order covers the complete scope of work detailed herein.
- The project completion falls within the time period detailed within this proposal document.
Payment Terms
Our proposals specifically exclude any financing costs. We therefore propose progress payments for the duration of any contract. Davis Control Solutions Ltd will discuss and agree a payment schedule with the customer prior to order placement to provide for a self-financing project.
Unless otherwise agreed in writing by the supplier all invoices are payable within (30) Days in pounds sterling drawn on a bank based in the UK or by such other method as is agreed in advance by the supplier.
Title to Software
The application software as developed to satisfy the requirements of this project consists of PLC, HMI or SCADA software only. This software will be developed to meet the requirements of this particular project but may incorporate standard routines and principles as developed by Davis Control Solutions Ltd, which may be modified to meet the specific requirements of this application.
Ownership of this software remains with Davis Control Solutions Ltd. However by agreement, the customer is granted a right to use copy and modify this software on a non-exclusive basis solely in respect of the particular project. The right to modify the software is however constrained during the warranty period. This does not grant the customer the right to sell this software nor does it prevent Davis Control Solutions Ltd from re-selling the software.
Any bespoke software written to satisfy a specific requirement as identified within the pricing schedule is supplied for use on this project by the customer. The development, intellectual property rights and source code ownership remain with Davis Control Solutions Ltd.
Liquidated Damages
We cannot accept liability for liquidated damages on any contract.
Consequential Losses
No liability is accepted for consequential loss resulting from defects in equipment or system operation at any time during installation, commissioning or production periods. No liability will be accepted for losses or costs incurred due to drawing or information errors.
Any drawings or documentation deemed to be approved will constitute acceptance of sole responsibility by the customer, thus, no responsibility shall be accepted for omissions or losses in any material respect brought about in consequence of such errors or omissions.
Any errors found which can be said to affect the proper performance of the system will be corrected at our expense. Any errors or variations brought about through subsequent revisions to specification or planning changes by the customer will be subject to extra charges.
Engineering Responsibility
Our proposals are submitted on the understanding that unless specifically stated otherwise within the specification the responsibility for all the engineering principles will be as defined by Davis Control Solutions Ltd, within the confines of appropriate customer specifications and generally accepted engineering practices.
Interpretation
Our proposal is submitted on the understanding that our description of the system forms our entire scope of supply of any purchase order. We cannot accept responsibility for our misinterpretation of the customer requirements, which ultimately do not coincide, with our proposal. With the exception of recognised consumable items, no material other than that specified herein can be assumed to be included. All other equipment not specifically specified will be assumed free issue or to be supplied by others.
Warranty
Any proposed system is warranted for 12 months from the date of hand over to the customer. The application provided by us is warranted. The terms of our warranty are that if a fault is reported we will attend site at our earliest convenience to diagnose and fix the problem. Problems found to be a fault with our software will be fixed free of charge. If a fault were found to be outside of our scope of supply we would charge for our engineers’ time and expenses.
No extended warranty is offered unless specifically stated within our proposal and covered in the purchase order.
System or software faults requiring attendance at site will require formally reporting to our appointed Project Manager. When identified and registered as a system failure an engineer will attend site at our earliest convenience to diagnose the problem and allow suitable corrective action to be initiated. Failures occurring within the warranty period when operated within the confines for which the system was intended and confirmed as supplied by us will be repaired at no extra cost. We reserve the right to charge for any expense incurred should the failure be identified as outside our scope of supply.
The correction or repair of any such defect shall fulfil our obligations to the customer. Davis Control Solutions Ltd’s liability is expressly limited to the value of the item as delivered and shall not include any resulting damages or increase in value resulting from work performed on, or material added to by the customer.
Free Issue Hardware
It will remain the responsibility of the customer to warrant, replace and insure as applicable all free issue supplied items associated with any project. Any costs incurred by us due to resulting delays or replacement of such faulty equipment will be subject to extra costs unless handling charge is agreed. The acceptance of free issue hardware will only be on the basis of agreed and established principles being defined and will not dictate methodology to be adopted. Any such attempt will absolve us from all responsibility for engineering requirements and dictates. It remains the responsibility of the customer to delivery all free issue equipment to Davis Control Solutions Ltd.
Project Timing
The project timing will be in accordance with a programme of work and delivery schedule as mutually defined at commencement of the contract. This shall supersede any previous agreements or correspondence related to the same. Any variations due to revised engineering necessary for whatever reason shall constitute re-assessment of the delivery programme and the implications determined.
Any extension to programme beyond our control will constitute grounds for re-negotiation of payment terms. No responsibility will be accepted for programme slippage due to non-compliance of suppliers or sub-contractors delivery promises.
The programme will include the major activities as identified to date and will be further detailed as part of the project management function and project set up following receipt of order.
The time periods included are based on the following assumptions:
- That the project commences on receipt of order with full instructions to proceed.
- approval periods are based on a 3 day turn around
- Third party inspections, tests or technical co-ordination meetings will be arranged to minimise any possible disruption to the programme.
Revisions to the project programme may be made from time to time by Davis Control Solutions Ltd to reflect internal re-organisation of project tasks, however every effort will be made to maintain the overall delivery programme and interface dates. If the programme is delayed or additional costs incurred due to circumstances not directly attributable to Davis Control Solutions Ltd then we reserve the right to adjust the delivery dates and prices as applicable by negotiation. Time is not of the essence of any order placed upon Davis Control Solutions Ltd by the Customer.
Validity
Our submitted proposals are fixed and valid for acceptance in its entirety without amendment for a period of 30 days from the date issued. Upon expiry of this period we reserve the right to amend our prices accordingly.
Confidentiality
The Davis Control Solutions Ltd shall sign any confidentiality undertaking reasonably requested by the Customer. All parties will take all reasonable steps to ensure that any documents or other materials and data or other information which are supplied to any other party in the provision of the Specified Services and are clearly marked as confidential, remain confidential to the parties.
Such information will only be made available by the parties to those personnel who have a reasonable need to know of it and the documents or other materials and data or other information or copies thereof will not be made available to any third parties. Any party is entitled to demand the return of all copies of any such documents or other materials and data or other information within 7 days by giving the other party written notice.
Obligations of confidentiality will remain in force beyond the cessation or other termination of this Agreement. This clause shall not apply to any documents or other materials and data or other information which are already in the public domain at the time when they are provided by either party, and shall cease to apply where either party is required by law to make a disclosure or if at any time the information becomes public knowledge through no fault of the other party. |
