Terms & Conditions
n.b. These terms and conditions do not affect consumers statutory rights
1. GENERAL All orders are accepted on the terms, conditions and exclusions herein contained. These terms, conditions and exclusions (either taken as a whole or in any part or individually) shall not be varied, nor shall their application to any order be excluded or limited in any way whatsoever, except as agreed by us in writing, all special requirements with regard to marking, labeling, packing etc.,must be agreed in writing. Any additional work will be charged at our standard rates unless such work is included in a Contract. ‘the Company’ shall mean Express Cleaning Supplies and ‘the Buyer’ shall mean the other party in the offer, quotation or contract. Transactions are made at the discretion of the Company. Clerical errors and omissions are subject to correction without notice.
2. PRICE Prices quoted are those ruling at the date of despatch or as shown in our current price list, and shall be subject to revision if increases in cost or other circumstances arise. We reserve the right to change our current price list without notice. Prices quoted exclude Value Added Tax, Sales Taxes or any similar Taxes which will be charged additionally to the Buyer at the rate ruling on the date of despatch.
3. TERMS OF DELIVERY a) Dates for delivery are given in good faith and as accurately as possible, but are not guaranteed.We shall be under no liability whatsoever for any delay in performance of any order by reason or in consequence of force majeure or of any matter or thing outside our control including but not limited to labour troubles, civil commotion, natural catastrophe, government restriction, shortage of supplies or customer’s instructions or lack of instructions. We shall have the right to despatch any portion of the goods ordered and we shall be entitled to invoice the customer for such despatched portion so that for the purposes of payment each portion shall be deemed to be a separate contract and may be invoiced separately. Should the Buyer notify us of inability to receive or store goods ordered or should the Buyer fail to give us adequate delivery instructions when required or fail to collect goods sold ex-works, the goods will be stored at the Buyer’s risk and expense. We shall be entitled to supply the goods immediately upon receipt of the Buyer’s order or as soon thereafter as we think fit, irrespective of any date which may be specified for delivery thereof. b) Where the Buyer orders goods for delivery by instalments each delivery shall constitute a separate contract and the Buyer shall not be entitled to refuse to take delivery of or refuse to pay for any instalments on the grounds that a previous instalment was defective or otherwise. c) Unless we otherwise agree in writing our carriage terms are as quoted on confirmation of order. The cost of delivery of goods below any minimum value we may impose will be charged to the Buyer at our discretion.
4. PROPERTY IN GOODS Until the Company has been paid in full by the Buyer for goods supplied by the Company, such goods remain the property of the Company although the risk therein passes to the Buyer at the time of delivery (subject to the provisions in Clause 3(a) herein relating to storage of goods at the customer’s expense), and the Buyer shall indemnify the Company against any loss or deterioration thereof or damage thereto, and without prejudice to any other remedies, the Company may repossess those goods at any time from the Buyer, and for that purpose the Company, its agents and servants may enter any premises upon which the goods are situated. In the event of the Buyer reselling any goods delivered to it by the Company before the Company has been paid in full, such part of the proceeds of such resale as are equivalent to the price at which the goods were invoiced to the Buyer by the Company shall be held by the Buyer on trust for the Company and shall be placed by the Buyer in a separate account so as to be identifiable as being in the beneficial ownership of the Company. Further, the fact that property in the goods remains the Company’s until the price has been paid in full shall not prevent the Company from maintaining an action against the Buyer for the price of the goods.
5. NOTIFICATION OF LOSS OF, OR DAMAGE TO, OR NON DELIVERY OF GOODS Claims for damage to or loss of goods in transit must be submitted in writing both to us and to the carrier (if appropriate) as follows:- a) In the case of non-delivery of the whole of any consignment or of any separate packing forming part of consignment - within 3 days of the date of despatch shown on the invoice or advice note (whichever is the earlier). b) In the case of damage to or partial loss of the goods or shortages from packages - within three days of delivery. The goods received must have been signed for as damaged or incomplete. Failing which we shall not be liable in respect of any such claim and the goods shall be deemed to have been delivered in accordance with the contract complete and in a satisfactory condition. In no case shall the Company’s liability in respect of claims for damage to or loss of goods in transit extend beyond an obligation either to repair or replace free of charge any such goods or (the election to be the Company’s alone) to pay to the Buyer up to the invoice price of the goods in respect of which a claim is made, and in neither event shall the Company be liable for consequential loss, damage or expense howsoever arising.
6. GOODS DESPATCHED Goods despatched may not be returned unless prior agreement has been made by the Company. Where the buyer has incorrectly ordered goods, the Company reserves the right to charge a 15% handling charge to cover clerical and other expenses. All goods must be properly packaged, labelled correctly, and returned to the Company carriage paid. Any damage on returned goods shall be the responsibilty of the Buyer. Any carriage charged is non-refundable.
7. PAYMENT Unless otherwise agreed in writing, payment shall be made at the net invoice value, without any deductions, upon receipt of a pro-forma invoice or by supported credit card at time of ordering. Failure by the Buyer to make punctual payment shall entitle us to suspend any outstanding deliveries, or to cancel the contract so far as it remains unperformed at our option, and without prejudice to our rights to claim for the price of goods already delivered or manufactured at the date of cancellation, and for loss or injury occasioned thereby.
8. WARRANTY AND EXCLUSIONS a) We undertake that the goods delivered to the Buyer will be of the described technical specification and the Company’s duty to the Buyer relating to the quality of the goods delivered shall be limited wholly and exclusively to the duty to deliver goods of the aforesaid quality. Save as aforesaid any warranty or conditions, statutory or otherwise express or implied, whether oral or written as to quality of the goods or their fitness for a particular purpose are excluded and negatived. b)The application and use of the goods is the absolute responsibility of the Buyer. Any other advice and information provided by the Company, whether verbally, in writing or by way of trials or tests, is given without warranty and the Buyer shall be deemed to have carried out his own tests to ensure the suitability of the goods for his intended purposes and applications and the Buyer shall be deemed to have placed no reliance on any advice, information or data provided by us. c) The Buyer must give us immediate written notice containing full particulars of any claim that the goods are not of the proper quality to enable us to investigate the complaint before the remainder of the consignment of goods is used or returned to us. We shall not be liable for any defects in quality in the absence of such immediate notification and, in any event, our liability hereunder or in the case of any other breach of contract or misrepresentation shall be strictly limited to the invoice price of the goods proved by the Buyer to be of defective quality or to be such as to cause us to have been in breach of contract or guilty of misrepresentation and shall not extend to consequential loss of any kind howsoever arising. d) Warranty periods and terms shall be limited to those that are offered by the individual manufacturer of the goods.
9. CONTRACTS NOT ASSIGNABLE This Contract is between us and the Buyer as principals, and is not assignable without our written consent.
10. INDEMNITY AGAINST INFRINGEMENT OF PATENTS AND RIGHTS The Buyer shall indemnify us against all damages, penalties, costs and expenses to which we may be liable as a result of work done or goods supplied in accordance with the Buyer’s specification which involves the infringement of any letters patent, registered design, intellectual property rights, proprietary process or otherwise.
11. GOVERNING LAW This contract shall be governed by and constructed in accordance with the laws of England and the Buyer agrees to submit to the jurisdiction of the English Courts.
12. INSURANCE We do not accept any liability for consequential loss.
13. DATA PROTECTION NOTICE The Supplier may transfer information about you to its financiers, in order for them to provide their services to the Supplier and other customers of theirs and to help to a) obtain credit insurance; b) undertake credit control; c) undertake assessment and analysis (including credit scoring, market, product and statistical analysis); d) securitise debts and; e) protect their interests.
The Supplier or its financiers may make credit reference agency searches in respect of your business and its principals. Please note that credit reference agencies make a record of searches that may be used to prevent fraud or money laundering or by other subscribers to make credit decisions about you.
The Supplier or its financiers may give information about you and your indebtedness to the following for the purposes stated: a) any other divisions or associated companies of theirs - for the business purposes of such divisions or companies; b) for the benefit of insurers - to quote for and issue any credit policy or to deal with any claims; c) any advisors acting on the behalf of the Supplier or its financiers - so the advisors can carry out their services; d) any business to whom your indebtedness or the financing arrangements of the Supplier may be transferred - to facilitate such transfer; e) to any person to whom the Supplier has a duty of disclosure or to whom the law permits disclosure.
The Supplier or its financiers may make decisions about you solely using an automated decision making process, such as credit scoring; however, they will tell us (and in turn the Supplier will tell you) if it makes a significant decision using only such a process.
The financiers or the Supplier may monitor and/or record your telephone calls to them for training and/or security purposes.
The Supplier shall provide you with details of its financiers on written request, including a contact telephone number from where you can obtain details of the credit reference agencies used by them and any third parties to whom information is transferred.
TERMS AND CONDITIONS - HIRING AND USE OF EQUIPMENT
1.1 "Equipment" means all plant machinery equipment and accessories to be hired by you as agreed by the Supplier.
1.2 "Hire Period" means the period commencing from the time when the Equipment is removed from the Supplier's possession and continues until the Equipment is either returned into the possession of the Supplier or the Equipment is repossessed.
1.3 The "Supplier" means Express Cleaning Supplies and includes its employees, servants, agents, representatives, successors and assigns.
1.4 "Writing" means letter by mail, email and fax and "Written" shall be construed accordingly.
1.5 "You" means the company, firm, person, or organisation hiring the Plant and includes successors or personal representatives and "your" shall be construed accordingly.
2 HIRING AND USE OF THE EQUIPMENT
2.1 You must satisfy yourself that the Equipment you hire is suitable for your intended purpose.
2.2 Ensure that the Equipment is operated in a skilful and proper manner and by persons who are competent to operate the same.
2.3 Ensure that any instructions or manuals supplied by the Company for use of the Equipment will be fully observed.
You should test the Equipment upon delivery to ensure it is in good working order.
2.4 You shall be deemed to have accepted the Equipment upon use of the Equipment.
2.5 Upon delivery of the Equipment, any defects or dissatisfaction must be notified immediately to the Supplier and confirmed in Writing within 2 Working Days. In the absence of such notification the Equipment shall be deemed to be in good order in accordance with the terms of the contract and to your satisfaction.
2.6 You shall not move the Equipment from the location to which it was delivered or consigned unless prior Written consent is obtained from the Supplier.
2.7 You shall be responsible for the Equipment's safekeeping during the Hire Period and you must insure the Equipment under an All Risk Physical Damage insurance policy including theft of the Equipment for the manufacturer's current published list price. Such insurance shall commence from the time and date of delivery for the period of hire up to and including the date when the Equipment is delivered back to and received by the Supplier.
3 COLLECTION, DELIVERY AND RETURN
3.1 If applicable a charge will be made for the delivery and collection of equipment. If the Supplier agrees to deliver the Equipment to an agreed location on your behalf such personnel shall comply with all your reasonable requests in connection with the delivery of the Equipment.
3.2 It is your responsibility to ensure the Equipment is available and accessible for collection and delivery as agreed with the Supplier.
3.3 You should return the Equipment as advised by the Supplier.
3.4 If you fail to return the Equipment you shall be liable for the cost of replacement of the Equipment at the manufacturer's current published list price. The Hire Period shall continue until the Equipment has been returned or the replacement value has been paid, whichever is the earlier, and you shall be liable for the payment of hiring costs during this period until the expiry of the Hire Period.
3.5 Upon or before the expiry of the Hire Period you shall at your expense deliver the Equipment to the Supplier unless otherwise agreed in the same condition as the Equipment was in at the start of the Hire Period, normal wear and tear excepted. You shall without prejudice to any other right or remedy of the Supplier pay a charge equal to the cost of cleaning, repairing, and reconditioning the Equipment or any part thereof as the Supplier shall deem necessary.
3.6 You are responsible for ensuring you obtain a signed receipt for the return of the Equipment.
4.1 Payment for the hiring of Equipment shall be paid as directed by the Supplier. Generally those customers who do not hold an account with the Supplier shall be asked to pay a deposit and advance payment of the sum payable for the first week's Hire Period. Those customers holding an account with the Supplier shall be required to make payment within 30 days of the date of the Supplier's invoice.
4.2 All payments must be kept up to date at all times and time of payment shall be of the essence.
4.3 All prices are, unless otherwise stated, exclusive of VAT.
5 BREAKDOWN AND REPAIR
5.1 Any breakdown or unsatisfactory working of any part of the Equipment must be notified immediately to the Supplier and confirmed in Writing within 2 Working Days. Any claim for breakdown time will only be considered from the time and date when notification is received by the Supplier.
5.2 No allowance in respect of Equipment hire cost will be made to you for any stoppage time due to breakdown of Equipment caused by the development of an inherent fault or fair wear and tear or for any stoppages for normal running repairs. You shall be responsible for all expenses involved arising from any breakdown and/or loss or damage incurred by the Supplier due to the negligence misdirection or misuse of the Equipment whether by you, your employees, agents or representatives and for the payment of the hire charge during the period the Equipment is idle due to such breakdown.
5.3 Save for the repair of punctures to tyres under no circumstances shall you, your employees, agents or representatives or third party repair or attempt to repair the Equipment, unless authorised in writing by the Supplier. No allowance for hire charges or for the cost of repairs will be made by the Supplier to you unless such repairs have been authorised in writing by the Supplier.
6.1 The Supplier (or any head licensor as the case may be) shall at all times retain title to the Equipment.
6.2 The Supplier may affix his plate or mark on the Equipment indicating ownership of the property and you shall not remove, deface or cover up the same without the prior written consent of the Supplier.
6.3 You shall at all reasonable times allow the Supplier, his insurers or his agents to have access to the Equipment to inspect, test, adjust, repair, replace or collect the same.
7.1 You shall indemnify the Supplier during the Hire Period against all loss of or damage to the Equipment from whatever cause may arise and shall hold the Supplier harmless against any and all claims, demands, liabilities losses and expenses of whatsoever nature relating to or in any way arising out of the possession, use, operation, alteration, modification (whether or not authorised) or control of the Equipment by you or any third party.
8.1 You shall not assign, sub-supply, part with possession of the Equipment or assign or otherwise transfer any of your rights interests or obligations under this contract without the prior Written consent of the Supplier.
9.1 The Supplier may terminate the Contract with you, if you: default in punctual payments of any sums due to the Supplier for hire of Equipment or other charges; or fail to observe or perform any obligations under the contract; or You suffer any distress or execution to be levied against you or make or propose to make any arrangement with any creditors or being a company go into liquidation (other than a members voluntary liquidation); or do or cause to be done or permit any act or omission which results in the prejudice or jeopardy of the Supplier's rights in the Equipment. If the Supplier terminates the contract by such notice as aforesaid, it shall thereupon be lawful for the Supplier to retake possession of the Equipment and for that purpose to enter into or upon, without prior notice, any premises where the Equipment is held. Termination in accordance with this condition shall not affect the rights of the Supplier arising under condition or the right to recover damages for breach of the contract.
9.2 If any sum due from you under this or any other contract with the Supplier is not paid on or before the due date, all sums owed to the Supplier by you shall become due and payable immediately at the sole discretion of the Supplier.
10 LIMITATION OF LIABILITY
10.1 The Supplier shall not be liable for any special indirect incidental or consequential damage of any character in connection with or arising out of this contract including but not limited to loss of productive facilities or equipment, loss of profits, property damage or lost production or other loss or damage whether suffered by you or any third party and whether or not due to the negligence of the Supplier its servants or agents other than in respect of death or personal injury caused by the Supplier's negligence, howsoever caused or arising. The liability of the Supplier with respect to any claims arising out of this contract shall be limited to replacement of the Equipment with similar Equipment or at the Supplier's option termination of this contract and restitution of the amount of any rentals paid with respect to any period for which the Equipment was inoperable.
11 SALE OF PLANT
Where the Supplier agrees to sell to you any Equipment then the following shall apply:-
11.1 The risk in the Equipment shall pass to you immediately upon delivery to you.
11.2 The title in the Equipment shall remain vested in the Supplier and the Supplier reserves the right to dispose of the Equipment until such time as the price thereof shall have been paid in full and cleared funds.
11.3 If such payment becomes overdue in whole or in part or if you breach of any of the terms of the agreement or if any act or proceedings in which the question of your insolvency is involved the Supplier may (without prejudice to any of the Supplier's other rights) may recover or re-sell the Equipment or any part of it and the Supplier or its servant or agents may enter upon your premises for the purpose of the repossession of the Equipment.
12.1 Any condition which is prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
12.2 Any notice or demand which under this contract must or may be given by you or the Supplier shall be in Writing to the other at its invoice address or any other address provided.
12.3 These conditions and the contract shall be governed by and construed in accordance with English Law and shall be subject to the jurisdiction of the English Courts.
13 DATA PROTECTION NOTICE
13.1 The Supplier may transfer information about you to its financiers, in order for them to provide their services to the Supplier and other customers of theirs and to help to a) obtain credit insurance; b) undertake credit control; c) undertake assessment and analysis (including credit scoring, market, product and statistical analysis); d) securitise debts and; e) protect their interests.
13.2 The Supplier or its financiers may make credit reference agency searches in respect of your business and its principals. Please note that credit reference agencies make a record of searches that may be used to prevent fraud or money laundering or by other subscribers to make credit decisions about you.
13.3 The Supplier or its financiers may give information about you and your indebtedness to the following for the purposes stated: a) any other divisions or associated companies of theirs - for the business purposes of such divisions or companies; b) for the benefit of insurers - to quote for and issue any credit policy or to deal with any claims; c) any advisors acting on the behalf of the Supplier or its financiers - so the advisors can carry out their services; d) any business to whom your indebtedness or the financing arrangements of the Supplier may be transferred - to facilitate such transfer; e) to any person to whom the Supplier has a duty of disclosure or to whom the law permits disclosure.
13.4 The Supplier or its financiers may make decisions about you solely using an automated decision making process, such as credit scoring; however, they will tell us (and in turn the Supplier will tell you) if it makes a significant decision using only such a process.
13.5 The financiers or the Supplier may monitor and/or record your telephone calls to them for training and/or security purposes.
13.6 The Supplier shall provide you with details of its financiers on written request, including a contact telephone number from where you can obtain details of the credit reference agencies used by them and any third parties to whom information is transferred.