TERMS AND CONDITIONS OF BUSINESS (SUPPLY OF GOODS AND SERVICES)
BETWEEN A BUSINESS AND CONSUMER
This section is a required business practice, and follows information from The Federation of Small Businesses
THIS AGREEMENT
is made on
200
AND IS MADE BETWEEN:
Yorkshire
Ecological Solutions
Limited
(YES Ltd), whose registered office is at (registered office details);
And
The
Customer,
address
1.1 Any terms or conditions sought to be imposed by either party shall not
be incorporated into the Contract and shall have no effect unless agreed to in
writing by the other party.
1.2 Yorkshire
Ecological Solutions Ltd do not accept liability for the installed systems
failure to perform due to incorrect design based on misinformation or
misinterpretation of information supplied by the customer, and where design of
the proposed system has been prior to our involvement with the project.
1.3 Yorkshire
Ecological Solutions Ltd do not undertake to locate existing pipe-work and/or
services, or determination of combined systems, i.e. surface and foul water unless
previously discussed and agreed. The undertaking of this work can be
classified as additional work and a charge may be levied.
1.4
We may, as your agent, directly or through an intermediary, ask another
contractor ("Third Party Contractor") to carry out some or all of any
work, which you instruct us to carry out for you. We shall pay the reasonable
charges of Third Party Contractors on your behalf and recharge them to you with
our own fees, as stated in our contract price. We will take all reasonable care
in selecting and instructing a Third Party Contractor.
2.
Prices
2.1 The
price for the supply of good and services are set out on the enclosed Contract.
We shall invoice you on completion of the installation. Invoiced amounts shall
be due and payable once the installation is complete.
2.2 We
shall be entitled to charge interest on overdue invoices from the date when
payment becomes due from day to day until the date of payment at a rate of 3.0%
per annum above the lending rate of the Lloyds TSB Bank plc.
2.3 The
price of the goods and services includes Value Added Tax, which shall be charged
at the rate prevailing at the relevant tax point.
3.
Risk
As soon as we
have delivered the goods or services, you will be responsible for them and we
will not be liable for their loss or destruction. Therefore, you would need to
take necessary steps to protect the items. If you delay a delivery, our
responsibility for everything other than damage due to our negligence will end
on the date we agreed to deliver them.
4.
Ownership of the Goods
You will only
own the goods once they have been successfully delivered and installed, and when
we have received cleared payment in full.
5.
Delivery
We will
deliver the goods to the address you specify for delivery in your order. It is
important that this address is accurate. Please be precise about where you would
like the goods left if you are out when we deliver. We cannot accept any
liability for any loss or damage to the goods once they have been delivered in
accordance with your delivery instructions (unless this is caused by our
negligence). We will aim to deliver the goods by the date quoted for delivery
but delivery times are not guaranteed. If delivery is delayed due to any cause
beyond our reasonable control, the delivery date will be extended by a
reasonable period and we will contact you to arrange an alternative time.
6.
Performance
6.1. We will manufacture and install the items
within a reasonable time, ground
and weather conditions, and machinery permitting.
6.2. If in our opinion it is not reasonably
practicable for any reason to carry out any of the work we are instructed to
carry out, we shall be entitled to refrain from carrying out or completing such
work and will consult with you as to what if any work is to be undertaken. We
will, if requested by you, provide a written explanation as to why any work is
not considered to be reasonably practicable.
6.3. If the cost to us of carrying out the
work is subsequently increased by reason of increases in the cost materials
and/or labour and/or any other factor outside our control, then we shall notify
you before undertaking any work to which the increase will apply.
7.
Payment
Unless
the Agreement provides otherwise, the price for the goods and services shall be payable
no later than 7 days from the date of the relevant invoice.
The time stipulated for payment shall be of the essence of the Agreement.
Failure to pay within the period specified shall entitle us to write to you upon
the expiration of seven days notice, to charge you for costs and expenses
incurred in recovering late payments, and to charge interest at the rate then in
force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at
the due date.
No retention money shall be held without previous
agreement, which should be negotiated prior to the commencement of the contract
and in writing.
8.
Warranty
8.1 We warrant that as from the date
of delivery for a period of 12 months the goods and all their component parts,
where applicable, are free from any defects in design, workmanship, construction
or materials. Any additional warranties described in the specification document
are manufacturers warranty only.
8.2 We warrant that the services
performed under this Agreement shall be performed using reasonable skill and
care, and of a quality conforming to generally accepted industry standards and
practices.
9.
Right to Cancel
9.1 We will permit you to cancel this Agreement by sending
written notice no later than 7 days after the date on which this Agreement has
been signed. If you request cancellation at a later date, then unless we are in
breach of contract, we have the right to refuse it and require a contribution
towards any losses or costs we suffer as a result of the cancellation.
9.2
If you have received the goods before you cancel this Agreement then you
must send the goods back to our specified address at your own cost and risk. If
you cancel this Agreement but we have already processed the goods for delivery
you must not unpack the goods when they are received by you and you must send
the goods back to us at our specified address at your own cost and risk as soon
as possible. Should
an order be cancelled prior to the building start date, items bought for the
job, will incur a cancellation fee charged by Yorkshire Ecological
Solutions Ltd, which will be payable by the customer. This fee could
be up to 100% of the cost of the items bought.
9.3 Once you have notified us that you are cancelling this Agreement, any
sum debited to us from your credit card will be re-credited to your account as
soon as possible and in any event within 30 days of your cancellation, PROVIDED
THAT the goods in question are returned by you and received by us in the
condition they were in when delivered to you. If you do not return the goods
delivered to you or do not pay the costs of delivery, we will be entitled to
deduct the direct costs of recovering the goods from the amount to be
re-credited to you.
9.4 You will be re-credited for the costs incurred in returning faulty or
unsatisfactory goods.
9.5 We reserve the right to cancel the Agreement if one or more of the
goods you ordered was listed at an incorrect price due to a typographical error
or an error in the pricing information received by us from our suppliers.
10.
Invalidity
If
any part of these terms and conditions is unenforceable (including any provision
in which we exclude our liability to you) the enforceability of any other part
of these conditions will not be affected.
Should third
party items be put into the system such as nappies, sanitary towels or non-
dissolvable wipes, Yorkshire Ecological Solutions Ltd do not accept
responsibility for the malfunction of the reedbed, and/or pump.
Should
Yorkshire Ecological Solutions Ltd be called out on a service call and a third
party item be found to be the cause of the fault, then the customer will be
liable for the repair, time on site and travel costs of the engineer. Travel and
time on site costs will be levied at the current rate of £50.00 per
hour plus VAT. Mileage costs are currently 50 pence per mile plus VAT.
Yorkshire
Ecological Solutions Ltd will always act in good faith to ensure that a sewage
system is operational as soon as possible after a fault, and will therefore
usually supply remedial work/advice to ensure there is no disruption in service.
It must be understood however that should the fault not be a service issue then
an invoice for any damage at site will be issued.
11.
Liability
11.1. Except for death or personal injury caused by our
negligent acts or omissions we shall only be liable for any loss or damage which
is a reasonably foreseeable consequence of a breach of this Agreement.
11.2. You will be responsible for all claims,
liabilities, damages, costs and expenses suffered or incurred by us as a result
of your breach or default in the discharge of your obligations, including the
Aftercare Instructions. Any unauthorised alterations to the YES reedbeds are not
the responsibility of YES Ltd, and remedial work will be charged for.
11.3. Where we need to carry out work on your premises
and/or install equipment, we will not accept liability for the cost of repairing
or replacing parts of your existing system which occurs due to faults in your
system unless we have been negligent in not realising that such damage may occur
or in the way we did the work.
11.4. In the
event of our losing or damaging your goods, we will pay for the reasonable costs
of the repair or replacement (less wear or tear) of the item or provide you with
a full refund if we have been negligent.
11.5. Nothing in
this Agreement shall exclude or limit the Companys liability for death or
personal injury resulting from the Companys negligence or that of its
employees, agents or sub-contractors.
12.
Governing Law and Jurisdiction
Parties to
this Agreement agree to submit to the exclusive jurisdiction of the courts of
England and Wales.
13.
Entire Agreement
This Agreement, the Proposal Letter, and the Installation Contract
combined, contain the entire agreement between the parties relating to the
subject matter and supersedes any previous agreements, arrangements,
undertakings or proposals, oral or written.
14.
Third Party Rights
Nothing in
this Agreement is intended to, nor shall it confer any rights on a third party.
15.
Customer Services
15.1. To protect your own interests please read the conditions
carefully before signing them. If you are uncertain as to your rights under them
or you want any explanation about them please write or telephone us at the
address and telephone number set out above.
15.2. If you are unhappy with any aspect of our service, please contact Yorkshire Ecological Solutions Ltd. Any complaints will be dealt with sympathetically and we will work with you to reach a satisfactory conclusion.
15.3 By placing an order either verbally or in
writing, it is deemed that the above terms and conditions have been read and
fully understood prior to the order placement. These terms and conditions issued
by Yorkshire Ecological Solutions Ltd on each proposal. Terms and conditions are
also available on our web site, www.yes-reedbeds.co.uk
16.
Changes to Terms and Conditions of Business
We reserve the right to make minor changes to this Agreement from time
to time. Any major changes will only be made with your agreement.
17. Data
Protection
You consent to the computer storage and processing of your personal data by us in connection with this Agreement and to the transmission of this data across the company and its business partners for the purposes of our legitimate interests including statistical analysis, marketing of our services and credit control. If you breach this Agreement, your personal data may be disclosed or passed to third parties to the extent necessary to assist recovery procedures.
SIGNED:
Date: ..
Yorkshire
Ecological Solutions Ltd.
SIGNED:
. Date: ..
The
Customer
*******************************