TERMS AND CONDITIONS OF THE BUSINESS OF
SURFACE MEDIC LIMITED
The following expressions shall have the following meanings:
1.1 “SM” means Surface Medic Limited (SM) of Services Solutions House, Fairways Business Park, Fulwood, Preston, PR2 9LF;
1.2 “Customer” means any person who purchases Services from SM;
1.3 “Consumer” shall have the meaning as described in section 12 of the Unfair Contract Terms Act 1977;
1.4 “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 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 Products, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3.1 The Proposal for Services may be attached to these Terms and Conditions or may be provided verbally by SM 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 come into force when the Customer confirms acceptance of the Proposal to SM verbally or in writing. Prior to any confirmation SM has the right to alter or retract any Proposal.
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 prior to commencement of the Services.
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 will provide the customer with at least 48 hours notice if the agreed date for delivery of Services is required to change, excpet in the case of emergency. In these circumstances SM shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by delay in 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, unless credit facilities have been agreed prior to the Proposal, are in full upon the delivery of the service by bank transfer or by cheque if bank transfer is not possible.
5.3 SM is entitled to vary the price to take account of any additional Services and/or Products requested by the Customer which were not included in the original Proposal;
6 CUSTOMER OBLIGATIONS
6.1 The Customer will provide access to SM at the times agreed as per Clause 4.4 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.
7 SM OBLIGATIONS
7.1 SM shall supply the Services and/or Products as specified in the Proposal.
7.2 SM shall perform all duties, services and obligations under this contract with reasonable care and skill and to a reasonable standard. SM shall comply with all relevant codes of practice and statutory or regulatory requirements.
7.3 SM shall take all reasonable care with the Client’s property, including taking reasonable steps to protect the Client’s furnishings, fittings, wall, ceiling and floor coverings in the immediate vicinity of the work area during the provision of the services.
7.4 SM shall at all times be registered and remain in good standing with such organisations as may be relevant for the purposes of compliance of the services provided with the relevant building and health and saftey regulations.
7.5 SM shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the Client’s property as a result of the provision of the services.
7.6 SM shall at all times hold valid employer and public liability insurance policies.
8.1 The Customer may cancel an Order for Services and/or Products by notifying SM in writing at least 24 hours before the date agreed for delivery of the services 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 an Abort fee equivalent to 50% of the agreed Price for the Services will be chargeable on cancellation.
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;
9.2.2 If a fault arises due to willful damage, abnormal working conditions, failure to follow aftercare instructions, misuse, alteration or unauthorised repair, improper maintenance or negligence on the part of the Customer or a third party.
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 immediately upon discovery of the defect.
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.
10.1 The Agreement shall continue until the Services and/or Products have been provided in terms of the Proposal (including the Guarantee period as per Clause 9) 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.
10.2 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.
10.3 SM may terminate the Agreement if the Customer has failed to make over any payment due within 14 days of that payment becoming due
10.4 Either party may terminate the Agreement by notice in writing to the other if:
10.4.1 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
10.4.2 The other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
10.5 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 except where this is note required due to the provisions of clauses 4, 5, 7 or 8
10.6 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.