“I would absolutely recommend ATS. The engineers are excellent. They design a system that will suit the needs of a company and are always extremely helpful and efficient when on site..."

Michelle Kearns, IT Manager, Caredoc

Installation T&Cs

A Dowloadable version of the terms and conditions is available here

Definitions

In this agreement the following expressions shall have the following meanings:-

Contract Date

Shall mean the date on which the offer made by the customer shall be accepted by ATS Group shown overleaf.

Equipment

Shall mean the equipment specified in the Equipment Statement overleaf.

The Installation Site

Shall mean the location at which the parties agree that the equipment is to be installed.

The Delivery Date

Shall mean the date upon which the equipment is delivered to the installation site.

Price

The prices and charges set out overleaf are those now in force, but the price charged will be the price in force at the time of the delivery. In addition the customer will pay VAT and any other applicable taxes. The price becomes payable in accordance with the schedule overleaf. In the event of the payment not having been made within 7 days of the delivery, the customer agrees to pay the ATS Group a late payment charge at the rate of 2% per month or part of a month on the outstanding balance from the date payment was first due.

Network

ATS Group does not guarantee or in any way represent or warrant that where required the network provider will provide service and all service must be procured by and at the cost of the subscribe

Extras

Any additional equipment which the customer shall order supplementary to the purchase of the equipment set out in the schedule overleaf shall be deemed to be purchased under this agreement.

Title

The title in the equipment the subject of this agreement shall not pass until same has been paid for in full, and shall until at that date remain the property of ATS Group. 

Insurance

ATS Group shall insure the equipment until delivery of same to the installation site. Immediately thereafter risk for loss and damage howsoever caused will pass to the customer who shall be responsible for the insurance of the equipment.

Maintenance

For the periods as stated overleaf, ATS Group will provide to the customer its normal maintenance service as provided for in the standard ATS Group Maintenance Contracts for software and hardware maintenance on the terms and conditions specified in the ATS Group Maintenance Contracts. This facility to apply upon the customer signing the normal ATS Group Maintenance Contracts. This facility to apply upon the customer signing the normal ATS Group Maintenance Contracts for hardware and software to take effect immediately upon the expiration of the period set forth in the Equipment Schedule.

Environment

The customer undertakes with ATS Group to use the equipment in an environment suitable for the type of equipment. The customer agrees that in the event of the customer not using properly trained or inexperienced personnel the purchaser shall forfeit the benefits of the maintenance provisions in this contract and in any subsequent maintenance contract entered into by the customer.

Cancellation

Losses because of cancellation of any order by a customer must be discharged to ATS Group by the customer and shall include the costs of surveying, installing or servicing (where and to the extent that surveying installation and servicing have been carried out) loss of revenue, the cost of borrowing in order to supply the goods and any costs of arranging for resale of the goods or return to the supplier.

Loss

ATS Group shall not be liable for any incidental, consequential direct, special or punitive damages or liabilities of any kind or for loss of revenue, loss of business or other physical or financial loss or injury including personal injury arising out of or in connection with the site, installation servicing, use, performance, failure, interruption or breakdown or the remedying of any defect in the goods or otherwise howsoever caused whether suffered by the customer or by any third party.

Matters Outside Control

In the event of stoppage of work in any of the establishments of either ATS Group (or any one or more agents and or contractors of or suppliers to ATS Group) or customer during the delivery period or installation period as appropriate owing to strike, lock-out, trade disputes, breakdowns, accidents or other causes beyond the control of ATS Group (or any one or more of the agents or contractors of or suppliers to ATS Group) or the customer during the delivery period or installation period, as appropriate , delivery, installation, the remedying of any defect or the giving of any service as appropriate, contracted to be given under the Order may be partially or wholly suspended at the discretion of ATS Group until work is resumed or pickets withdrawn (as the case may be), and ATS Group shall not be liable for any loss or damage however arising suffered by the customer as a result of the failure to deliver install, or remedy a defect in the goods or to provide the service contracted to be given under the Order and suspension of delivery, installation or the giving of said service for the reason aforesaid shall not entitle the customer to cancel the remainder of the contract.

Force majeure

ATS Group may cancel the contract arising out of the Order (or such remaining part thereof as appropriate) by a force majeure including Acts of God, acts of enemies or of any government, lawful acts of public authority, national, international or otherwise, fire, strike. Lock-out, stoppage at work, trade disputes, pickets, blockades, embargoes or the threat or apprehension thereof, riot or civil commotion, or to any other circumstances outside ATS Group’s control. In the event of such cancellations, ATS Group shall not be under any liability to the customer for any loss or damage direct or indirect of any nature resulting from non-performance of said contract (or such remaining part thereof, as appropriate) by ATS Group. 

Sale of Goods Act

For the purpose of clarity under the terms of the Sale of Goods Act 1893 and subsequent legislation, the customer herby confirms that he is using the equipment specified overleaf in the course of this business, and not as a consumer within the meaning of the said Acts. It is not warranted by ATS Group that the equipment is suitable for any particular purpose of the use unless such purpose or use has been specified to ATS Group by the customer and ATS Group has specifically agreed in writing that the equipment is suitable for such purpose or use. 

It is however provided that nothing herein contained shall be deemed to exclude in any manner whatsoever Section 12 of the Sale of Goods Act, 1893. Where the customer is not dealing as a customer, Section 13, 14 and 15 of the 1893 Sale of Goods Act and any amendment or re-enactment thereof are hereby expressly excluded to the extent that it is a fair and reasonable but subject to section 55 of the 1893 Act. In addition, all further conditions and warranties which may be applied by common law or equality or otherwise in the contract or in relation to the equipment of any part thereof or its installation are expressly excluded and it is hereby further agreed between the customer and ATS Group that the terms of this written contract express the entire understanding of the parties to proceed and supersede all other agreements or oral representations made.

Leasing

The customer and the ATS Group agree that if the customer shall take the equipment on lease or hire purchase from a third party the obligations of the ATS Group and the customer to each other shall nevertheless be the same as under this agreement (except that the ATS Group’s obligations to sell the equipment to the customer shall no longer apply) and shall be subject to the same exclusions and imitations as is the ATS group were selling the equipment under the terms & conditions hereof to the customer instead of to a third party. This agreement shall have the same force and effect as if the agreement took place directly between the customer and the ATS Group.

Binding Authority

This agreement shall only bind The ATS Group when signed by a duly authorized officer of The ATS Group.

General

The customer shall not be entitled to delay payment on account of minor variations of equipment supplied by the ATS Group. This agreement is made and shall be governed by Laws of the Republic of Ireland. The customer shall if The ATS Group are installing the equipment have the site ready on an agreed date and if the customer fails to do so, The ATS Group shall be entitled to impose such additional charges as necessary.