1 DEFINITIONS

 

The following expressions shall have the following meanings:

 

1.1 “Supplier” means Fixed Price Carpet Cleaning Co of 34 Mulberry Way, Theale, Berks RG7 5EQ

 

1.2 “Customer” means any person who purchases Services from the Supplier;

 

1.3 “Proposal” means a statement of work, quotation or other similar document describing the Services;

 

1.4 “Services” means the services as described in the Proposal and includes any materials required to complete the work;

 

1.5 “Terms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Supplier;

 

1.6 “Order” means the formal acceptance by the Customer of the Proposal;

 

1.7 “Agreement” means the contract between the Supplier and the Customer for the provision of the Services incorporating these Terms and Conditions;

 

1.8 “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know-how, confidential information or process, any application for any of the above, and any other Intellectual Property Right recognised in any part of the world whether or not presently existing or applied for;

 

1.9 “Adjudicator” is the party nominated to resolve a dispute between the Customer and the Supplier.

 

2 GENERAL

 

2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Supplier to the Customer and shall supersede any other documentation or communication between the Supplier and the Customer.

 

2.2 Any variation to these Terms and Conditions must be agreed in writing by the Supplier.

 

2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute, law or regulation

 

3 SERVICES AND DELIVERY

 

3.1 The Services are as described on our website at www.fixedpricecarpetcleaning.co.uk

 

3.2 Any variation to the Services must be agreed by the Supplier in writing.

 

3.3 Any drawings, descriptions or specifications contained in advertising material, brochures or catalogues issued by the Supplier are for the sole purpose of giving an approximate idea of the Services and will not form part of any Agreement unless otherwise agreed in writing by the Supplier.

 

3.4 Dates given for the delivery of Services are estimates only and not guaranteed.

 

4 PRICE AND PAYMENT

 

4.1 The price for Services is as specified on our website any other charges as agreed.

 

4.2 The Customer must settle all payments for Services upon completion of the delivery of the Services.

 

4.3 The Supplier is also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer where any payment due to the Supplier is late.

 

4.4 The Supplier is entitled to vary the price to take account of:

 

4.4.1 any additional Services requested by the Customer which were not included in the original Proposal;

 

and any variation must be intimated to the Customer before commencement of delivery of the Services.

 

5 CUSTOMER OBLIGATIONS

 

5.1 The Customer will provide access to the Supplier at the times specified in these Terms and Conditions and will co-operate with all reasonable requests by the Supplier.

 

5.2 The Customer shall be liable for any expenses incurred by the Supplier as a result of the Customers failure to comply with the obligations as defined by these Terms and Conditions.

 

5.3 The Customer shall remove or secure all delicate ornaments, furniture and belongings.

 

5.4 The Customer shall provide light, hot water, cold water and power at no charge.

 

6 SUPPLIER OBLIGATIONS

 

6.1 The Supplier shall supply the Services as specified on our website.

 

6.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice.

 

6.3 The Supplier shall comply with all relevant health and safety regulations.

 

6.4 The Supplier shall be responsible for all waste management and disposal required in the course of providing the Services.

 

6.5 The Supplier shall hold valid public liability insurance policies.

 

6.6 The Supplier will supply all cleaning equipment and materials.

 

7 CANCELLATION

 

7.1 The Customer may cancel an Order for Services by notifying the Supplierand any monies paid by the Customer will be refunded in full. There is no minimum cancellation period but we would appreciated 24 hours notice if possible.

 

8 DEFECTIVE SERVICES

 

8.1 The Supplier guarantees that the Services will be free from defects in workmanship for a period of 30 days from the date that the Services were supplied.

 

8.2 Clause 8.1 does not apply:

 

8.2.1 if a fault arises due to any subsequent damage not due to a defect in the Services;

 

8.2.2 if a fault arises due to willful damage, failure to follow instructions, misuse, alteration, improper maintenance or negligence on the part of the Customer or a third party.

 

8.3 If the Services are found to be defective in accordance with these Terms and Conditions then the Supplier shall, at their sole discretion, either re-perform the Services or refund any monies paid for the defective Services.

 

8.4 Where the Services are defective or do not comply with the Agreement the Customer must notify the Supplier in writing within 7 days from the date of completion.

 

 

9 INTELLECTUAL PROPERTY RIGHTS

 

All intellectual property rights, registered or unregistered, including but not limited to patents, trademarks, design rights and know-how remain the property of the Supplier and cannot be used by the Customer without the written permission of the Supplier.

 

10 PROPERTY AND RISK

 

10.1 Risk in any property or materials used to provide the Services shall pass from the Supplier to the Customer when the property or materials leave the premises of the Supplier or on delivery if the Supplier is transporting the items.

 

10.2 Title or ownership of any property or materials belonging to the Supplier remains with the Supplier throughout the period of the Agreement.

 

11 TERMINATION

 

11.1 The Agreement shall continue until the Services have been provided or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions.

 

11.2 Either party may terminate the Agreement by notice in writing to the other if:

 

11.2.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of        being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or

 

11.2.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or

 

11.2.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or

 

11.2.4 the other party ceases to carry on its business or substantially the whole of its business; or

 

11.2.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

 

11.3 In the event of termination the Customer must make over to the Supplier any payment for work done and expenses incurred up to the date of termination.

 

11.4 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.

 

12 WARRANTIES

 

The Supplier warrants that the Services will be performed using all reasonable skill and care.

 

13 INDEMNITY

 

13.1 The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise directly or indirectly from the Customer’s breach of any of its obligations under these Terms and Conditions.

 

13.2 The Supplier undertakes that it will indemnify and hold harmless the Customer against all proceedings, costs, expenses, liabilities, injury, death or damages arising from negligent performance or breach or failure of performance by the Supplier of any obligations under these Terms and Conditions.

 

14 SETTLEMENT OF DISPUTES

 

14.1 Any dispute arising under this Agreement will be referred to and decided by an appoionted Adjudicator.

 

14.2 A party wishing to refer a dispute to the Adjudicator shall advise the other party of this intention in writing at any time during the term of this Agreement. The dispute must then be referred to the Adjudicator within seven (7) days of this intention being intimated.

 

14.3 The Adjudicator shall act impartially and be free to take the initiative in ascertaining the facts and the law. The Adjudicator must reach a decision within twenty eight (28) days of referral or such longer period as the parties may agree.

 

14.4 During the period of adjudication both parties must continue with their obligations as stated in this Agreement.

 

14.5 The decision of the Adjudicator is binding on both parties unless and until revised by legal proceedings, arbitration or agreement.

 

14.6 The Adjudicator will decide which party is liable to meet the fees of the adjudication and in what proportion if both parties are held liable.

 

15 FORCE MAJEURE

 

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

 

16 ASSIGNMENT

 

The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.

 

17 SEVERANCE

 

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

 

18 WAIVER

 

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.

 

19 NOTICES

 

Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Proposal or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.

 

20 ENTIRE AGREEMENT

 

These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.

 

21 GOVERNING LAW

 

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.