1.1 The following terms and conditions shall apply to all cleaning and any other such services provided by Empra Cleaning, trading style of Mint Professional Cleaning Services Ltd. (“The Company”) to any client (“The Client”) and to the contract between the Company and the Client resulting therefrom.
1.2 No conditions or standard conditions contained in any documents issued by the Client shall have any effect in the contract between the Company and the Client. The Client waives any right which might have to rely on any such conditions including conditions appearing in documents issued by the Client which are dated of even date herewith or of a later date. Any such conditions appearing in such documents of even date or later date shall be deemed to the “pro-non scripto” and will have no effect in varying these Standard Terms and Conditions of Business.
1.3 Both Parties shall ensure that their respective responsibilities under this agreement are undertaken in compliance with all statutory regulations and codes of conduct.
1.4 Each party shall have the right upon apparent insolvency of the other (and in the case of a partnership or an individual on the other granting a composition for the benefit of creditors) to terminate this agreement without notice.
2.1 All quotations are given by the Company following a request by the Client and shall remain open to acceptance for a period of 60 days from their date.
2.2 Acceptance of the quotation by the Client shall be by returning the copy of the form of acceptance signed by an authorized person on behalf of the client.
2.3 On receipt of the form of acceptance from the Client a binding contract shall be effected on the terms and conditions herein.
3.1 Except in the case of non recurring work, the contract shall be for an initial period of one year from the date of commencement and shall continue thereafter until determined by either party giving to the other 28 days prior notice in accordance with Clause 10 hereof.
3.2 Failure by the Client to give the requisite notice shall render the Client liable to the Company in damages for breach of contract.
4.1 The Company shall render invoices to the Client, which shall be due and payable within 30 days of the date of the invoice.
4.2 The Client shall make no deduction or retention of any kind from the sum due under any invoice.
4.3 If the client fails to pay any invoice by the date due, the Company reserves the right to demand immediate payment of all sums then outstanding from the Clients and to suspend further provision of the services until payment is received in full.
4.4 The Company shall be entitled to interest in-line with the Late Payment of Commercial Debts (Interest) Act 1998 and subsequent amendments thereof. The Company reserves the right to waive any interest due in respect of any particular late payment but such waiver shall not be deemed to be a general waiver of the Company’s right to interest hereunder.
4.5 Rates of payment for the work undertaken by the Company shall be as agreed by the parties and shall be reviewed each year at the anniversary of the commencement date. The minimum increase at each anniversary shall be calculated by taking the current price and increasing that price by the percentage by which the Retail Price Index has increased in the year immediately preceding the appropriate anniversary.
4.6 All payment rates are calculated to exclude bank and public holidays unless otherwise stated, when excluded from costings these will be invoiced separately.
WORK TO BE PERFORMED
5.1 The services to be performed by the Company shall be as specified in the quotation. No alterations to the details of the services to be performed shall be made unless agreed in writing between parties and signed by an authorised officer of each party.
5.2 The Company shall not be in breach of this contract by its failure to provide any of the services specified in the quotation as a result of circumstances beyond its control for example by industrial action or its employees being refused entry to the Clients premises.
5.3 All services shall be deemed to have been performed to the Client’s entire satisfaction unless written notice addressed to the Company giving details of the complaint is received within 48 hours of its alleged happening in accordance with Clause 10 hereof. The Company shall investigate any such complaint and shall attempt rectification of any substantial complaint.
6.1 The Company shall not be liable for any excess costs, loss or damage caused by its failure to provide the service arising from causes beyond our control and without fault or negligence on its part due to acts of God, Government, effects of war, civil or political disturbances, floods, epidemics, disease, unusually severe weather conditions, industrial action, freight embargoes and the like.
6.2 The Company shall not be liable for any loss, damage or injury arising from the breakage or disintegration, during cleaning by our staff or agents, of any cracked or defective part of your property, furniture or fittings work unless otherwise stated.
6.3 Payment rates exclude the cleaning of debris created by tradesmen or building work unless otherwise stated.
7.1 The Client shall ensure that all valuables are securely stored whilst the building is unsupervised by its own staff. The Company shall not be responsible for any loss or damage due to the Client’s failure to comply with this obligation.
7.2 The Client shall supply all such services, electricity, heating, lighting, hot water and other facilities as may reasonably be required by the Company to enable it to perform the services hereunder, including the provision of keys where deemed necessary. Where necessary the Client may only issue keys to employees with the Company’s consent. Where appropriate the Company will maintain signed key forms relative to client premises.
7.3 The Client shall provide suitable safe and lock-fast accommodation for such equipment and materials as we deem necessary to leave on the premises in order to fulfil our obligations, and ensure that no member of its staff, or any other contractor obtain use of such materials or equipment.
7.4 The Client shall indemnify the Company against any damages, costs or expenses awarded against us in favour of any employee or ours or any other person who becomes ill or injured, or whose property is lost or damaged due to the Client’s failure to comply with its legal obligations.
7.5 The Client shall indemnity the Company against any claims arising out of the Employment or termination(s) thereof of its former employees (including claims from the employees of any other contractor) who were employed at its premises in the provision of a cleaning service prior to this agreement.
7.6 It will be the responsibility of the Client, unless otherwise specified in the contract, to dispose of any waste generated by the cleaning process in compliance with local regulations.
The Company shall effect appropriate insurance cover against our Employers Liability and our Public Liability.
The Client hereby confirms and undertakes that it will neither directly or indirectly, nor on its own account, nor in conjunction with, nor on behalf of any other person or Company, employ any person who has been an employee of the Company at any time during the period of this agreement for a period of six months following the termination of this contract without this Company’s written comment or in-line with current government TUPE legislation.
Any notice to be served hereunder shall be given in writing to the party concerned at its address as stated in the quotation (or to its address subsequently notified to the other), by leaving it as such address or by sending the notice by recorded delivery post. Such notice shall be deemed to be received on the day after posting.
ASSIGNMENT OF BENEFITS
The Client shall not assign or transfer the benefit of this contract without prior written consent of the Company.
RETENTION OF TIME
In the event that the Company supplies goods to the Client the title to those goods shall pass to the Client only on full payment having been received by the Company for those goods.
Waiver by the Company from time to time of any rights to which it is entitled under this agreement (including rights against the Client relating to the Client’s breach of contract) shall not be deemed to be a general waiver of those rights and those rights shall remain enforceable notwithstanding the specific waiver.
In the event that a Court determines that any term or condition of the contract between the Client and the Company is void or unenforceable the remainder of the contract shall remain in full force and effect and the void or unenforceable condition shall be treated as “pro non scripto”.
INTERPERTATION AND GOVERNING LAW
This contract shall be subject to and construed in accordance with English law. The parties hereby irrevocably submit to the exclusive jurisdiction of the English Courts.