STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICE
DEFINITIONS
In this document the following words shall have the following meanings:
a) "Customer" means any person or company who purchases the Services from the Supplier;
b) "Services" means the services specified in the Proposal;
c) "Proposal" means a statement of work, quotation or other similar document describing the Services to be provided by the Supplier;
d) "Supplier" means Astound Facilities Management Group, 12 Riverside Business Centre, Brighton Road, Shoreham-by-Sea, West Sussex, BN43 6RE. Astound Facilities Group is a trading division of Trustco plc registered in England – registration no. 3476994.
e) "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
GENERAL
a) These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
b) Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
c) Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
THE ORDER
a) The Proposal attached to these Terms and Conditions shall remain valid for a period of 30 days.
b) The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1. In the event that the Supplier delivers the Services outlined in the proposal by verbal instruction from the Client, the proposal document will be treated as the order and will be deemed to be a binding contract between the Supplier and the Client.
c) All Orders, verbal or written for the supply of Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
a) Co-operate with the Supplier;
b) Provide the Supplier with any information reasonably required by the Supplier;
c) Obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
SUPPLIER'S OBLIGATIONS
a) The Supplier shall perform the Services with professional skill and care and to an acceptable standard in accordance with recognised standards and codes of practice.
b) The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
CANCELLATIONS AND REFUNDS
a) The Customer may terminate the Services by giving 30 days' notice in writing (an email is an acceptable form of writing). After termination any holding deposit will be held until all outstanding usage and other charges have been invoiced (usually within 30 days of termination) and paid in full. Any setup fees or Services charge will be retained by the Supplier.
b) The Supplier reserves the right to terminate the Services without notice or refund if any of these terms have been breached or if it is the Suppliers belief that the Services are being used with fraudulent or criminal intent.
c) The appropriate set-up fee, holding deposit & Services fees are payable in advance. If the Services fee are not paid when due, the Services may be suspended without notice, until such payment is made.
d) Once Services have been terminated reinstatement of Services is strictly subject to the Suppliers approval. Such a service will be deemed as a new service and a new setup fee, deposit and service fee may is payable. The amounts charged and the Services provided may differ from the original Services and additional terms & conditions may be imposed.
e) To receive the Services you must provide the Supplier with a proper contact address and telephone details. You must inform the Supplier immediately in writing (an email is an acceptable form of writing) any changes to your contact details, including your email address, or change requests to your Services. We reserve the right to suspend or terminate your service if we are unable to contact you appropriately.
PRICE AND PAYMENT
a) The price for the Goods and Services is as specified in the Proposal and is exclusive of VAT and any applicable charges outlined in the Proposal.
b) Payment of the price shall be in the manner specified in the Proposal.
c) If the Customer fails to make any payment within 30 days of it becoming due, the Supplier shall be entitled to charge interest at the current base rate plus 2.00% per month on the outstanding amounts.
LIMITATION OF LIABILITY
a) Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury; however the Supplier shall not be liable for any direct loss or damage suffered by the Customer as a result of any negligence or breach of contract by the Customer.
b) The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
c) The Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by the agreed completion date when delayed by a third party contractor.
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. |
