Terms of service

Penguin Leisure Limited
Terms and Conditions for Servicing Contracts and Small Works

  1. In this Contract Penguin Leisure Ltd are referred to as “Penguin” and the customer for the work is being carried out is referred to as “the Customer”. The “Works” are the works detailed and specified in Penguin’s quotation accepted by the Customer.

  2. Penguin will carry out and complete the Works for the Customer to the standards and qualities stated in that quotation. The Works will be the limit of Penguin’s responsibility unless varied in accordance with this Contract.

  3. Where the Works to be carried out by Penguin includes any element of design then Penguin shall in respect of any inadequacy in such design have the like liability to the Customer, whether under statute or otherwise, as would an appropriate professional designer holding himself out as competent to take on work of such design who, acting independently under a separate contract with the Customer, has supplied such design.

  4. The Customer will allow Penguin all access to its property that is necessary to allow Penguin to carry out and complete the Works. Penguin will not be responsible for any damage or wear to the Customers property that is a necessary consequence of carrying out the Works.

  5. The Works will be carried out by Penguin as far as is practical at the times agreed by Penguin and the Customer. Penguin may change the times where necessary at its sole discretion. The Customer and Penguin agree that time will not be of the essence in the performance of the Works under this Contract.

  6. Should the Customer wish to vary the Works included in the quotation the Customer shall detail the change that is required to Penguin. Penguin will then provide a quotation for the varied work to the Customer. Only after written confirmation from the Customer that the Customer accepts the quotation for the varied work will Penguin be obliged to include the varied work in the Works.

  7. Should any of the assumptions stated in Penguin’s quotation, including any quotation for varied work, in respect of any existing element of the Customer’s property, which due to location or being buried or otherwise obscured could not reasonably be inspected by Penguin prior to this Contract being formed, be found to be wrong then Penguin will be entitled to treat the changed conditions as being a variation to this Contract. Where such a variance occurs Penguin will submit a revised quotation to the Customer with a revised Price for the work which the Customer shall accept before Penguin are required to proceed with the Works.

  8. Penguin will issue applications for payment to the Customer on completion of each stage stated in the quotation. The Customer will pay the amount applied for plus any Value Added Tax which may be payable to Penguin no later than seven days after the date of the application.

  9. Should the Customer not make a payment that is due under this Contract Penguin may, on giving notice to the Customer, suspend the performance of its obligations under this Contract. On payment of the outstanding sum by the Customer Penguin will be obliged to re-commence the performance of its obligations. Suspension of the performance of its obligations by Penguin under this clause does not act to terminate this Contract.

  10. Penguin will take out and maintain all necessary insurance policies that it is required by law to maintain. In addition, where design is included within the Works Penguin will maintain a professional indemnity insurance policy with a minimum level of cover of £1,000,000 in the aggregate for each period of insurance. Penguin will make these insurance policies available to the Customer for inspection by request.

  11. In the event that the Customer (i) does not pay a sum that is due under this Contract within twenty-eight days of it becoming due, or (ii) fails to allow Penguin reasonable access to its property at the times required, or (iii) otherwise prevents or hinders Penguin in the carrying out of the Works, or (iv) instructs Penguin to stop or not to start any work and does not rescind that instruction within twenty-eight days of issue, or (v) otherwise breaches this Contract, Penguin may terminate this Contract by giving notice to the Customer. In the event that such termination occurs Penguin will submit to the Customer an application for payment for all work that has been carried out, its costs of demobilising from the Works, and its loss of overhead and profit. The Customer will pay this application within seven days of receipt.

  12. The limitation period for any action under this Contract will be 6 years from completion of the Works.

  13. Nothing in this Contract confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

  14. This Contract shall be governed by construed in accordance with the law of England. Any disputes will be subject to the jurisdiction of the Courts in England.