TERMS AND CONDITIONS OF SUPPLY OF GOODS AND SERVICES
If you are a consumer we recognize that you may have additional rights under statue if we fail to carry out our obligations to you and confirm your statutory rights.
If the customer is more than one person, each of those persons shall have authority to bind the other(s) in respect of any dealings or modifications agreed with the supplier.
1 Application of terms
1.1 These terms apply to all sales of goods and services by us and each order by verbal agreement or acceptance of a quotation for goods and services by you shall be deemed to be an offer by you to buy goods and services subject to these terms. We shall be entitled to withdraw any quotation at any time.
1.2 You acknowledge that you have not relied upon any statement or representation made or given on our behalf. Any estimate of quantities needed, advice as to the suitability of goods or services for a particular purpose without liability on our part.
2 Provision of goods and services
2.1 The supplier shall supply goods and services to the customer subject to these terms. Any variations to the goods and services of these terms must be agreed
2.2 You shall allow the supplier or subcontractors safe and reasonable access on site within our normal working hours to carry out the services.
2.3 The price quoted for such services assumes that the site is ready and suitable for the services to commence at the agreed time.
2.4 If a repeat service is being provided the quotation is given on the basis of the work proceeding on the frequency agreed, and allowing the suppliers operatives or subcontractor access. Any changes in the frequency of service may incur additional charges. If you have requested notice before arrival this will be provided, otherwise we will turn up at around the set frequency agreed and invoice on completion.
2.5 The supplier may make changes to the goods and services which are necessary to comply with health and safety or other statutory requirements.
2.6 In the event that the supplier cannot complete any work for reasons which are beyond the supplier’s control, the customer shall pay for the part of work completed including any goods delivered at a rate which is reasonable having regard to the cost of the order.
2.7 The supplier will not be liable for damage weather before or after goods and services have been provided beyond which our public and employers liability covers. You are responsible for insuring your property and goods and shall notify your insures that we will be carrying out such services on site. You must protect furnishings and items.
2.8 Any dates and times we specify for commencement and completion of the services are an estimate. We shall not be liable if we do not carry out the services on or at any particular date or time. Time for performance will not be made the essence by notice.
2.9 Risk in any hire goods will pass immediately to you when they are on your property if additional insurance has not been taken. The customer shall be responsible for any work undertaken or material, plant, equipment supplied other than by the supplier, and the supplier excludes any damage caused to such materials during execution of works.
3 Charges
3.1 For non credit account purchases the customer shall pay the supplier on the date the goods are ordered or when the services are carried out, or in the event no date is agreed within seven days of the date of the suppliers invoice.
3.2 Where a deposit is required, it must be paid in advance of purchasing materials or hiring equipment. We may also require an initial payment on account of services.
3.3 We may at any time after acceptance of an order, but prior to delivery of goods and services revise the price payable to take account of increases in costs including, materials, carriage, labour or overheads, the increase of any tax duty or other levy.
3.4 Charges for goods or services supplied on a business credit account shall be due not later than 30 days. If you default in making payment, the entire balance of you account shall be payable immediately and we may charge interest, together with costs and expenses.
3.5 Charges for services supplied on a regular use domestic credit account will automatically be provided, and shall be due not later than 14 days and at our discretion.
3.6 Credit accounts may be opened at our discretion and we may set a maximum amount of credit allowable per account, and withdraw credit facilities without explanation. Business accounts may undergo credit checks and require satisfactory references. Any change in the constitution of your organization must be notified in writing prior to it occurring in order that credit to the reconstituted organization may be put in place. Until new credit facilities are agreed, the existing entity and ant new entity shall be jointly liable for ant debt due to us.
3.7 If you fail to pay us any sum due whether or not your account is subject to query, we may, in addition to our rights to cancel or suspend an account charge the customer interest (both before and after any judgments) on the amount unpaid at the rate of 8% per cent above Lloyds Bank PLC base rate until payment in full is made. Together with all costs and expenses incurred by us in recovering sums due.
3.8 In addition to the principal claim for the outstanding amount and the interest, the supplier shall furthermore be entitled to require the customer to pay all costs incurred out of court because payment was not made or not made on due date. Costs incurred out of court shall be payable by the customer whenever the supplier secures the assistance of a third party for the collection. If the supplier files a petition for the customer’s bankruptcy, the customer shall also be held to pay the costs incurred. If the supplier is adjudged to be wholly or partially in the right in legal proceedings, all costs incurred and associated with the proceedings shall be borne by the customer.
4 Goods – Risk and property
4.1 The goods are at your risk from the time of delivery.
4.2 Ownership of the goods shall not pass to you until we have received in full cleared funds.
4.3 Until ownership of goods has passed to you, you shall hold the goods (at no cost to us) in satisfactory condition separate from those of the customer and third parties and properly identified as our property and stored protected and insured.
4.5 Until such time as the property in the goods passes to the customer the supplier shall be entitled at any time to require the customer to deliver up the goods to the supplier and if the customer fails to do so fourth with on demand at any time of the day or night the supplier shall be allowed to enter upon any premises of the customer or any third party where the goods are repossess the goods.
4.6 The customer shall not be entitled to pledge or in way charge by way of security for any indebtedness any of the goods which remain the property of the supplier. Were we are unable to determine were goods are, you shall be deemed to have sold all goods and all monies owing shall immediately become due. The supplier shall take all legal steps to repossess the goods.
5 Liability & warranties
5.1 If any services are defective due to workmanship, we shall (at our option) rectify the defective service or refund the price of such at the pro rata rate:
(a) You give us written notice of the defect in seven days.
(b) We are given reasonable opportunity after receiving notice.
(c) The defect is not due to willful damage, negligence (other than ours), fair wear and tear, alteration or repair, application, movement, installation, commissioning, use or maintenance of goods (other than by us)
5.2 On request we will provide information about any manufactures guarantee offered and available to you in respect of the goods but we are not legally responsible for any obligation under the manufactures guarantees.
5.3 We shall not be liable to you for any pure economic loss, loss of profit, business, and any indirect or consequential loss arising under or in connection with the supply of services or goods.
5.4 The supplier warrants to the customer that the services will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the quotation. Were the supplier supplies in connection with the provision of the service any goods ( including goods) by a third party, the supplier does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise.
5.5 The Supplier will not be liable to the customer or deemed to be in breach of contract by reason of any delay in performing or failure to perform any supplier obligations in relation to goods and services if the delay or failure was due to any cause beyond the supplier’s control. Without prejudice to the generality of the foregoing the following shall be regarded as such causes:
5.5.1 Act of god, explosion, flood, fire or accident
5.5.2 War, sabotage, civil disturbance
5.5.3 Acts, restrictions, bye laws, prohibitions or measures of government or local authority
5.5.4 Strikes, trade disputes (weather involving employees of the supplier or a third party).
5.5.5 Were a job is weather sensitive we will do our best to still provide continuity of service, while taking into consideration the weather and the effects it may have on the service being provided. If we feel that the weather will adversely affect end results we will not be held liable for not fulfilling our obligations or for any delays. The supplier will not be liable by attempting to try and maintain our service if deemed appropriate in adverse conditions.
6 Cancellations
6.1 The cancellation or postponement of a contract or agreement shall not be effective unless communicated to and accepted by the supplier in writing.
6.2 Unless otherwise than required by statue, if the contract is cancelled or postponed in accordance with clause 6.1 the supplier reserves the right to charge a cancellation or variation charge which is reasonable having regard to the circumstances and cost of the order.
7 General
7.1 These terms together the quotation and any additional works (if any) constitute the entire agreement between parties.
7.2 A notice required or permitted to be given by either party under these terms shall be in writing addressed to the other party at the relevant time.
7.3 No failure or delay by the supplier in exercising any of its rights under these terms shall be deemed to be a waiver of that right.
7.4 If any of these terms is held to be invalid or unenforceable in whole or part, the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected.
7.5 English law shall apply to the contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
7.6 The Customer shall be responsible for all and any loss or damage to equipment hired to him by or on behalf of the supplier.
Ecs-Excel Cleaning Services-LTD, Woodview, Sparrow lane, Hatfield Broad Oak, CM22 7BA