Terms and Conditions
GENERAL TERMS & CONDITIONS
1. In these terms “client” shall
mean the client whose name and details appear overleaf
or as set out in the agreement
attached.
2. GENERAL
2.01 The client shall be treated as a commercial or domestic client according to our reasonable discretion.
2.02 All quotations are given, and all orders are accepted on these
terms. They supersede any other previously Issued terms
and conditions and override and
exclude any other terms stipulated or
interpreted or referred to by the
client. All orders/instructions given by the client shall be
agreed by us and then deemed to be
made subject to these terms.
2.03 The client acknowledges that there are no representations outside
these terms which have induced them
to enter the contract and these
terms and those on the face of our quotation or work authorisation/quotation
shall
constitute the entire understanding
of the performance of work (as defined in paragraph 4).
2.04 No modification of these terms shall be permitted unless made by an
expressed written agreement
between the parties. The signing by
us of any of the client’s documentation shall not imply modifications
of these terms.
3. QUOTATIONS
Quotations are subject to withdrawal unless accepted within 90 days from their date.
4. THE WORK
The work to be performed (“The Work”) is specified in our
quotation or as referred in our work
authorisation/quotation and if at
any time the client requirements alter then they should provide us with
written details as soon as they
become aware that their requirements have changed.
5. THE PRICE
The price payable by the client is specified in our quotation.
or if none issued, at our standard charging rate. We reserve the right to
increase the price
before carrying out the work by an
amount equivalent to any increase to us in the cost of relevant
materials and or labour since the
date of our quotation save that it this would increase the price by more than
10%,
we will give the client the
opportunity to cancel the contract.
6. CANCELLATIONS
Subject to paragraph 5 the client may not cancel the contract
without our consent which if given shall be
on the express condition that the
client shall indemnity us against all loss, damage claims or
action arising out of such
cancellation unless otherwise agreed in writing.
7. PAYMENT
Domestic Clients
Invoices will be submitted to the client on completion of the
work and payment should be made to us on
completion or at our sole
discretion may be made within 15 days of the date of invoice
Commercial Clients
All invoices will be submitted to the client on completion of
the work and payment should be made to
us on completion or at our sole
discretion may be made within 30 days of the date of invoice
Domestic and Commercial Clients
Where a preventative
maintenance agreement exists, the client will be invoiced on each major
cleaning
operation on a pro-rata basis
unless stated otherwise in the contract agreement. Invoices remaining
unpaid after 30 days from the
invoice date will be subject to a finance charge, equal to 2% of the
invoice value charged on a daily
basis. Non account customers who fail to settle accounts on completion
of the work are liable, (at the
company’s discretion), to incur a finance charge equal to 2% of the gross
invoice value, charged on a daily
basis from the date the invoice was raised until full settlement is made.
Returned cheques will be subject to
a £10 processing charge and in addition we reserve the right to
make an additional administration
charge of £10.
8. COMMENCEMENT AND COMPLETION ORDERS
8.01 Dates specified for the commencement and completion of the work are
estimates only and shall not be
the essence of the contract.
9. INSPECTION OF WORK
9.01 The client shall inspect the work as far as is reasonably possible
immediately on completion of it and
shall within 7 days provide written
notice of any grounds on which they allege that the work
is not in accordance with the
contract. If the client fails to give such notice the work shall conclusively
be presumed free from any defects
which would be apparent on reasonable examination of the work.
10. INDEMNITY
The client shall indemnity us against all action, suits,
claims, demands, losses charges, costs, and
expenses which we may suffer or
incur in connection with the claim by any third party alleging
facts which it established would
result in a breach of client’s obligation, undertakings, representations
and warranties under this agreement
11. WHOLE AGREEMENTS AND EXCLUSION LIABILITY
These terms set out our entire liability in respect of the
work, and our liability under them shall be in
lieu and to the exclusion of all
other warranties, conditions, terms and liabilities expressed or implied
statutory or otherwise in respect
of the work and quality thereof (all liability in respect of which,
howsoever arising is expressly
excluded) except any which by law cannot be excluded save as provided
in these terms and except as
aforesaid we shall not be under any liability whether in contract or
otherwise in respect of defects in
the work or failure to correspond to specification or for any injury,
damage or loss resulting from any
such defects or failure or from carrying out of any work.
12. LIMITATIONS OF LIABILITY
Our liability (if any) whether in contract or otherwise in
respect of any detects in the work or for any
breach of this agreement of any
duty of care or otherwise owed to the client in connection herewith, shall
be limited to the invoice value of
the work.
13. RELEVANT FACTS
Prior to the commencement of the work, the client shall inform
us of any dangerous or hazardous
materials which are present on the
Premises where the work is to be
carried out by us and which could
constitute a danger to us in carrying out the work or otherwise.
The client shall also ensure that we are in good time properly
advised in writing of all precautions which
need to be taken on account of the
presence of such dangerous materials. The client shall provide
suitable cleaning facilities and,
if circumstances require, a qualified and competent safety advisor.
The client shall also notify us in
writing of any special requirements laid down by the Health & Safety
Executive, their officers or
similar authority. Traffic management will be agreed between us and the client.
The client will be responsible for
all loss or damage whether direct, indirect or consequently due to client
failure to fulfil any of the
above obligations. If the client
shall fail to comply with the above, we shall be under no obligation to
carry out the work.
14. ACCESS
The client shall provide clear access to all drains, sewers,
inspection covers and manhole to enable us
to carry out the work. The client
shall provide, if possible, the plan showing drain layouts, if this is not
available we reserve the right to
render additional charges if blockages occur in drains not covered by
the specification or if it is
necessary to trace unidentified drains to complete the work. We will not
work in drains or sewers outside of
the curtilage of the client’s property without the prior approval of
that landowner. We will not operate
in public utility company equipment. The client shall indemnity us against all
claims of whatsoever nature made
by third parties and arising out of
our presence on their property save where such claims result directly
from negligence on our behalf. The
client shall be liable to us for all loss or damage whether direct,
indirect or consequently suffered
by us because of failure or delay by the client in prolonging the
obligations referred to above.
15. WORK GUARANTEE
Subject to clause 9 above we guarantee completed work for a
period of 28 days from completion
provided that this guarantee shall
not apply to defects resulting from misuse or faulty workmanship
by the client, its employees and
subcontractors or any other third party working for or on the direction
of the client. Our guarantee only
applies to drains comprised in the work. We reserve the right not to
carry out guaranteed work until we
have been paid. We also reserve the right to withhold the guarantee
should we feel that although clear,
the drains require further work or have a possible fault.
16. FORCE MAJEURE ETC.
We will use our best endeavours to carry out the works on the
agreed dates but shall not be under any
liability to the client if it
should be either impossible or impracticable to carry out the work on the
agreed
date or dates or by reason of
strikes, lock out, industrial disputes, acts of God or any other event or
occurrence beyond our control.
17. CLIENTS LIABILITY
The client shall be liable for
all loss, damage or injury (whether direct, indirect or consequential)
resulting from failure or delay in
the performance of his obligations under these terms.
18. ADDITIONAL LABOUR AND EQUIPMENT
The client undertakes at his own expense to provide such
additional labour we may reasonably require
to put us in a position to carry
out the work. Such additional labour shall be suitably qualified and
experienced to carry out the work
as required by us. The client should also provide at our request such
scaffolding, ladders or other
equipment as may be necessary to reach access points.
19. REMOVAL OF DEPOSITS
Unless otherwise agreed in writing the client will be
responsible for the removal from site of deposits
extracted by our operators from
drainage, pipework or sewer systems.
20. FROZEN PIPES
We will not be liable for any fractured or frozen pipes and
cannot guarantee to clear blockages occurring
in a frozen pipe or drain
21. TRAFFIC CONTROL
The client will make all necessary arrangements with the
proper authorities for traffic controls and
signals required in connection with
the carrying out of the work. If these are not provided or adequate,
the client shall be liable for any
loss, damage resulting there from.
22. WATER AND POWER
The client will be responsible
for providing all necessary power and a clean water supply from the mains
or fire hydrant (our units are
normally equipped with hydrant, stand-pipes and keys), if it should
however be necessary for us to use
a metered hydrant and supply controlled by the water authorities, all
resulting charges made by that
authority will be re-charged to the client.
23. DAMAGE TO EQUIPMENT
The client will accept responsibility for any damage that
might be caused to trailer supplied equipment,
tanker jetting units, vacuum units
and CCTV & jetting vans should the work require them to operate away
from tarmac or metalled roads. The
client will also be responsible for equipment lost or
damaged due to fractured pipes,
drains or conduits.
24. WAIVER VARIATION ETC
No waiver by us of any breach shall operate as a waiver or any
preceding or subsequent breach. No
variation shall be effective
against us unless sanctioned in writing by us. No forbearance or delay on our
part shall prejudice our rights.
25. EXTENSION OF THE WORKING DAY
The working period will be under the control of the client and subject to any constraints demanded by para.13.
Extensions to the working day may be required from time to
time to complete a job.
Cognisance must be given to working
time directives should such extensions to the working day be made.
Additional hours will be charged at
the relevant premium rates.
26. PRICE CHARGES/CONTINUING AGREEMENTS
Subject to paragraph 5 prices in fixed term or continuing
agreements will be held for the length
of the agreement after which time the
price will be reviewed or will renew at our standard rates as
varied from time to time.