TERMS AND CONDITIONS OF THE BUSINESS OF
SURFACE MEDIC LIMITED
The following expressions shall have the following meanings:
- “SM” means Surface Medic Limited (SM) of Services Solutions House, Fairways Business Park, Fulwood, Preston, PR2 9LF;
- “Customer” means any person who purchases Services from SM;
- “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
- “Proposal” means a statement of work, quotation or other similar document describing the Services ;
1.5 “Services” means the services as described in the Proposal and include any materials required to complete the work;
1.6 “Terms and Conditions” means the terms and conditions of supply of Services out in this document and any subsequent terms and conditions agreed in writing by SM;
1.7 “Order” means the formal acceptance by the Customer of the Proposal either verbally or in writing;
1.8 “Agreement” means the contract between SM and the Customer for the provision of the Services and/or Product of SM incorporating these Terms and Conditions.
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by SM to the Customer and shall supersede any other documentation or communication between SM and the Customer.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the SM.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which SM may be entitled in relation to the Services and/or Product of SM, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory right to SM as a Consumer.
3.1 The Proposal for Services may be attached to these Terms and Conditions or may be provided verbally by the SM technician onsite or by phone.
3.2 The Proposal for Services shall remain valid for a period of 14 working days.
3.3 The Proposal must be accepted by the Customer in its entirety.
3.4 The Customer shall be deemed to have accepted the Proposal by placing an Order with the SM.
3.5 The Agreement between SM and the Customer, incorporating these Terms and Conditions, shall only come into force when SM confirms an Order verbally or in writing to the Customer. Prior to any confirmation SM has the right to refuse any Order.
4 SERVICES, PRODUCTS AND DELIVERY
4.1 The Services and/or Products are as described in the Proposal.
4.2 Any variation to the Services and/or Products must be agreed by SM in writing.
4.3 Any drawings, descriptions or specifications contained in advertising material, brochures or catalogues issued by SM are for the sole purpose of giving an approximate idea of the Products and/or Services and will not form part of any Agreement unless otherwise agreed in writing by SM.
4.4 The Services will be delivered at a date and time agreed between the customer and SM. SM may vary these times by intimating in writing or verbally details of the change to the Customer. Dates given for the delivery of Services are estimates only and not guaranteed. Time for delivery of the service shall not be of the essence of the Agreement and the SM shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the service.
5 PRICE AND PAYMENT
5.1 The price for Services is as specified in the Proposal and is inclusive of VAT and any other charges as outlined in the Proposal.
5.2 The terms for payment are in full upon the delivery of the service by either cash, cheque or bank transfer.
5.3 SM is entitled to vary the price to take account of:
5.3.1 any additional Services and/or Products requested by the Customer which were not included in the original Proposal;
5.3.2 any additional work required to complete the Services which was not anticipated at the time of the Proposal; and any variation must be intimated to the Customer verbally or in writing by SM.
6 CUSTOMER OBLIGATIONS
6.1 The Customer will provide access to SM at the times specified in these Terms and Conditions and will co-operate with all reasonable requests by SM.
6.2 The Customer will provide electricity, water and toilet facilities to SM for the purpose of completing the Services.
6.3 The Customer will apply for, obtain and meet the cost of all necessary approvals and permissions required to complete the Services prior to the commencement of the work should these be required.
6.4 The Customer will take all reasonable steps to ensure that SM does not sustain any damage or loss to any equipment stored on site.
6.5 The Customer shall be liable for any expenses incurred by SM as a result of the Customers failure to comply with the obligations as defined by these Terms and Conditions.
7 SM OBLIGATIONS
7.1 SM shall supply the Services and/or Products as specified in the Proposal.
8.1 The Customer may cancel an Order for Services and/or Products by notifying SM in writing within 24 hours of placing the Order and any monies paid by the Customer will be refunded in full.
8.2 If the Customer does not notify any cancellation within the time specified in Clause 8.1 any monies paid will not be refundable.
8.3 In the event that the Customer fails to cancel an Order within the time specificed in clause 8.1 the Customer will be subject to a charge of the then current half day rate for the standard SM service.
9.1 In addition to the Customer’s statutory rights, SM guarantees that the Services will be free from defects in workmanship for a period of 12 months from the date that the Services were supplied.
9.2 Clause 9.1 does not apply:
9.2.1 if a fault arises due to any subsequent mechanical, chemical, electrolytic or other damage not due to a defect in the Services and/or Products after risk has passed to the Customer;
9.2.2 if a fault arises due to wilful damage, abnormal working conditions, failure to follow instructions, misuse, alteration or unauthorised repair, improper maintenance or negligence on the part of the Customer or a third party.
9.2.3 if a fault arises where the service was delivered below the ground water table surface line
9.2.4 If a fault arises where the service was delivered in an area that is expected to be underwater on a regular basis
9.3 If the Services are found to be defective in accordance with these Terms and Conditions then SM shall, at their sole discretion, either re-perform the Services or provide a full refund.
9.4 Where the Services and/or Products are defective or do not comply with the Agreement the Customer must notify SM in writing within 10 days from the date of delivery of the service.
9.5 If the Customer has not paid for the Services and/or Products in full by the date the defect in Services and/or Products is notified to SM then SM has no obligation to remedy the defect in terms of this Clause 9.
12.1 The Agreement shall continue until the Services and/or Products have been provided in terms of the Proposal 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.
12.2 The Customer may terminate the Agreement if SM fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 14 days after notification of non-compliance is given.
12.3 SM may terminate the Agreement if the Customer has failed to make over any payment due.
12.4 Either party may terminate the Agreement by notice in writing to the other if:
12.4.1 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
12.4.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
12.5 In the event of termination the Customer must make over to SM any payment for work done and expenses incurred up to the date of termination.
12.6 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.
The Customer shall indemnify SM against all claims, costs and expenses which SM may incur and which arise directly or indirectly from the Customer’s breach of any of its obligations under these Terms and Conditions.