TERMS AND CONDITIONS OF CONTRACTS
The definitions and rules of interpretation in this contract apply in these terms and conditions (Terms)
Contract: the customer's purchase order for the services and the supply's acceptance of it.
Customer: the person, firm, or company who purchases services from the supplier (also referred to as you)
Engineer: The person or persons instructed by the supplier to attend the customer's premises in order to supply the service.
Premises: The services to be provided by the supplier under then contract asset in the purchase order together with any other services which the Supplier provides or agrees to provide to the customer.
Supplier: 1st Class Drainage Solutions Limited, 1-2 Banks Parade, Bryant Road, Poole, Dorset BH12 5DL, Company Reg: 12249084 –
Suppliers' equipment: any equipment, including tools provided by the supplier or its subcontractors and used directly or indirectly in the supply services.
VAT: Value added tax chargeable under English law for the time being and any similar additional tax.
Any obligation in the contract on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
2. Basis Of Sale
2.1 These terms and the purchase order are considered by users to get out the whole agreement between you and us for the supply of services, the terms prevail over any inconsistent terms implied by trade custom, practice, or course of dealing. Please check that the details in the terms and on the order are complete and accurate before you commit yourself to the contract, if you think there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorized employees and agents, please ensure that you read and understand these terms before you sign the purchase order because you will be bound by the terms once the contract comes into existence between us, please keep a copy of the terms for your records.
2.2 The purchase order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.3 These terms shall become binding on you and us once you have signed the purchase order and we have commenced supply of services.
3. Suppliers Obligations
3.1 The supplier shall use reasonable care and skill in supplying the services and shall use reasonable endeavors to manage or provide the services in accordance with all materials respect with to the purchase order.
3.2 The supplier shall use reasonable endeavors to meet any performance dates specified in the purchase order but such dates shall be estimates only as delays may occur which are beyond our control, we will complete the services as soon as possible.
3.3 At the customer’s request the engineer shall use their reasonable endeavors to assist with moving any furniture, carpeting possessions of the customers to enable the engineer to supply the services, neither the engineer nor the supplier will be liable for any damage caused to customers belongings as a result of such request and assistance unless it can be shown that the engineer acted negligently.
4. Customers Obligations
4.1 The customer shall:
(a) Co-operate with the supplier in all matters relating to the services
(b) Provide the supplier and the engineer in a timely manner and at no charge, (on being given reasonable notice) with access to the customer's premises and other facilities as reasonably required by the supplier.
(c) Provide to the supplier and its engineer in a timely manner, such information as the Supplier may reasonably require and ensure that it is correct in all material respects.
(d) Where reasonably possible prepare all necessary power and clean water supply to enable the engineer to carry out the work: and
(e) Keep and maintain the supplier's equipment in accordance with the supplier's instructions.
4.2 If the supplier's performance of its obligations under the contract is prevented or delayed by any act or omission of the customer, neither the supplier nor the engineer shall not be liable for any costs. Charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.
4.3 The customer shall be liable to pay the supplier, on demand all reasonable costs, charges, or losses sustained or incurred by the supplier (including, without limitation, any direct, indirect or consequential losses, loss of profit, and loss of reputation, loss or damage to property and those arising from injury or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the customer's fraud, negligence, failure to perform or delay in the performance of any of its obligations under the contract, subject to the supplier confirming such costs, charges and losses to the customer in writing.
5. Notice Of The Customers Right To Cancel
5.1 The customer has the right to cancel the contract for a period of 14 days from the recommencement of the contract.
5.2 The customer may cancel the contract by giving written notice to the supplier either in person to one of our engineers or by post to the address for the supplier set out in these terms, in the event that the customer cancels the contract, the contract will be treated as not having been made.
5.3 In the event that the customer confirms to the supplier by signing the purchase order that they require the supplier to commence performing the services before the end of the 14 days period referred to in clause 5.1 the customer shall be liable to pay for the costs of the services supplied in accordance with the purchase order to the date when the contract is canceled.
5.4 If the customer wishes to cancel the contract after the 14 days period the customer will be responsible for paying all reasonable losses and costs that the supplier suffers as a result of such cancellation including loss of profit.
6. Defective Services
6.1 In the unlikely event that the services that the supplier has provided do not conform with these terms, please let us know as soon as possible after the supply of the services has taken place, we will arrange to re-attend the premises and in the event that in the supplier's reasonable opinion the service does not comply with these terms or the contract we will:
(a) Provide you with a full or partial refund; or
(b) Carry out such work as is required to remedy the services,
6.2 It is the customer's responsibility to inspect the services as far as is reasonably possible upon completion.
6.3 The supplier shall not be liable for any problems at the customer's premises which are caused in whole or in part by work done by a previous company or engineer, which arise from any inherent fault at the premises, or for anything nor related to services.
7. Charges And Payment
7.1 In consideration of the provision of the services by the supplier, the customer shall pay the charges as set out in the purchase order which shall specify whether they shall be on a time and material basis or a fixed price basis.
7.2 Where services are provided on a time and material basis:
(a) The charges payable for the services shall be calculated in accordance with the supplier's standard hourly fee rates, as set out in the purchase order;
(b) Charges are calculated from the time that the engineer arrives until the services have been completed, the minimum unit of time is half an hour and time will be rounded up to the nearest half an hour;
(c) The supplier shall be entitled to charge an overtime rate of 150% of the standard hourly fee rate for any time worked by engineers outside the hours of 8 am to 6 pm between Monday and Friday (excluding bank holidays)
(d) All charges quoted to the customer shall be exclusive of VAT and the cost of materials, which the Supplier shall add to its invoices at the appropriate rate.
The following is an example of how our charging structure works:
If we complete performing services within 50 minutes where the charging period is 30 minutes we will charge to 2 x 30 minute periods, if we go over into another 30 minute period by a few minutes, at our discretion, we may charge up to the last period completed.
7.3 Where services are provided for a fixed price, the total prices for the services shall be the amount set out in the purchase order.
7.4 Any fixed price and hourly rate contained in the purchase order excluded;
(a) The supplier reserves the right to charge a call-out charge and for traveling time to the customer's premises, however, if such charges are to be made the customer will be informed of this by the supplier when they make their original request.
(b) Fluctuation the supplier reserves the right to pass on any increased cost of the labor or parts occurring after the date of the contract but before the completion of the services the supplier will make the customer aware of any such fluctuations as soon as reasonably possible.
7.5 In the event that, once the engineer commences the work, they become aware that for reasons outside their control the work is going to take longer and therefore the price will change they will let you know as soon as reasonably possible, and if you do not want the additional work that they have identified as needing doing done you may refuse.
7.6 Although the supplier will use their reasonable endeavors to ensure that any quote that you are given is accurate, there may be times when they need to revise the quote in circumstances where:
(a) We have not been able to reasonably establish what materials are necessary until we start to perform the services;
(b) The condition of an item or the premises may only become apparent when we start performing the services and it was not reasonably possible to establish it until that point.
(c) What you require us to do changes or the amount of work or services you require us to provide increases or is different to what we and you agreed before we started performing the services and as stated on the purchase order;
(d) Specialist tools or equipment may be required; or
(e) When we start performing the services it becomes apparent that the amount of services we will need to perform or the type of work that is involved is different from what we agreed before we started performing the services and we could not reasonably foresee this before we started performing the services.
7.7 In the event that we need to revise our quote in accordance with clause 7.6 above, we will not continue performing the services and we will seek your approval to the extra amount that you will need to pay; unless
(a) It is not possible to contact you within a reasonable time, or
(b) It is not safe to carry out and finish performing the services (for example, your goods or premises may be left in a dangerous or unprotected from theft if the services are not completed.)
7.8 In the event that a genuine typographical or other error or omission is made in the purchase order, the supplier shall be entitled to correct such error without liability and shall not be bound to accept the order at the incorrect price, however, the customer shall be entitled to cancel the contract in the event that the contract is materially affected.
7.9 The customer shall pay each invoice submitted to it by the supplier, in full and in cleared funds on completion of the work,
7.10 Without prejudice to any right or remedy that it may have, if the customer fails to pay the supplier on the due date, the supplier may;
(a) Charge interest on such sum from the due date for payment at the annual rate of 5000% above the base lending rate from time to time NatWest bank PLC accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment, you must pay us interest together with the overdue amount.
(b) Suspend all services until payment has been made in full.
(c) Charge all reasonable costs for the enforcement of the terms.
7.11 Time for payment shall be the essence of the contract.
7.12 All sums payable to the supplier under the contract shall become due immediately on its termination, despite any other provision, this condition 7.12 if without prejudice to any right to claim interest under the law or any such right under the contract.
7.13 The supplier may, without prejudice to any other rights it may have, set off any liability of the customer to the supplier against any liability of the customer to the supplier.
7.14 In the event of any cheque received from a customer is dishonored, the supplier shall be entitled to charge the customer any bank fee and reasonable administration costs that are incurred as a result.
All services shall be tested during progress and upon completion for insulation, resistance, earthing, and continuity, such tests will comply with the IEE regulations for electrical equipment, any further tests that are requested by the customer may be subject to a future charge which the engineer will inform the customer of before carrying out such test.
9 Limitation Or Liability
9.1 Subject to clause 9.2, if the supplier fails to comply with these terms, the supplier shall not be responsible for any losses that the other customer suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms.
9.2 This clause does not include or limit in any way our liability for:
(a) Death or personal injury caused by our negligence; or
(b) Fraud or fraudulent misrepresentation; or
(c) Losses for which it is prohibited by section 7 of the consumer protection act 1987 to limit liability; or
(d) Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
9.3 No liability is accepted by the supplier or the engineer for any damage caused to the customer's premises as a result of the engineer properly carrying out the work.
9.4 The supplier’s total liability arising in connection with the performance r contemplated performance, of the contract, shall be limited to the price paid for the services by the customer.
10. Events Outside Our Control
The supplier shall have no liability to the customer under the contract if it is prevented from or delayed in performing, its obligations under the contract or from carrying on its business by acts, omissions, or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or industrial disputes (whether involving the workforce of the supplier or any other party) failure of utility services or transport network, the act of God, war, riot civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
11. Notices, Complaints, Cancellations, Refunds.
All notices sent by you to us must be sent to 1st Class Drainage Solutions Limited, 1-2 Banks Parade, Bryant Road, Poole, Dorset BH12 5DL, we may give notice to you with either the email or address you provided to us in the order, notice will be deemed received and properly served 24 hours after an email or 3 days after the date of posting any letter, in providing the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post, and, in the case of an email, that the email was sent to the specified email address of the addressee.
12.1 If any court or competent authority decides that any of the provisions of these terms are invalid, or unenforceable to any extent, the term will, to that extent only be removed from the remaining terms, which will continue to be valid to the fullest extent permitted by the law.
12.2 If will fail, at any time, while these terms are in force, to insist that you perform any of your obligations under these terms, or if we do not exercise any of our rights or remedies under these terms, that will not mean that we have waived the right to enforce these terms on another occasion and will not mean that you do not comply with those obligations, no waiver by us of any of these terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
12.3 These terms shall be governed by English law unless the customer's property (where the services are being carried out) is outside of England or wales.
12.4 If amendments to these terms are required, they should be confirmed in writing by the customers and the supplier.