TERMS & CONDITIONS OF SERVICE
“the Company” means Purity Clean
“the Customer” means the person or company who purchase the Services
“the Parties” means the Company and Customer who are entering this Agreement
“the Service” means any service Purity Clean supplies to the Customer under the Contract
“the Quotation” means the Company’s written quotation for the services to be delivered
“the Agreement” means the contract for the provision of Service made between the Company and the Customer, including these Conditions
“the Goods” means any items, units, equipment, or other goods which Purity Clean supplies or loans to the Customer under, or relating to an Agreement.
1.1 These Conditions apply to all contracts for the supply of Services or Goods entered into by the Company. Neither the Customer nor the Company shall be bound by any variation or waiver of the contract, except as agreed by both parties in writing and signed on their behalf.
1.2 This Agreement will be governed by and construed in accordance with the laws of England.
1.3 This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
2.1 Any quote is valid for one calendar month. The one month period commences from the date of the quotation. Quotations accepted after this period may require re-quoting.
2.2 Unless specifically stated in the quotation, consumables such as bin liners, hand soap, paper products (e.g. toilet rolls and hand towels), dishwasher tablets etc. are not included in the price. These items can be provided at an additional cost if requested by the Customer.
AGREEMENT START DATE AND ACCEPTANCE OF TERMS & CONDITIONS
3.1 Each separate agreement for cleaning, supplies or other services that we may provide you from time to time runs from the date that you:
(i) Signed it;
(ii) Sent your acceptance by e-mail;
If none of these apply to you, the agreement starts when you start taking the service.
3.2 The Customer’s request or order for Services or Goods is accepted by Purity Clean when all due diligence checks have been completed satisfactorily in accordance with Clause 3.3.
3.3 The Company’s acceptance and formation of the Agreement is conditional upon satisfactory due diligence checks on the Customer, its directors, partners, or principals as Purity Clean considers necessary. This may include Credit Checks where a customer requests credit terms on their account. If these checks are not to the Company’s satisfaction, Purity Clean reserves the right to request advance payment prior to service delivery. If payment is not received, the service will not proceed and the Agreement will be cancelled/rejected (without liability).
4.1 Cleaning and other Services Periodical Service Agreement – one year minimum agreement. Three months notice required, in writing, prior to the anniversary date or at the end of any subsequent term, otherwise, the Agreement will be extended for a further one year term. In the event that the Customer fails to provide notice in accordance with this condition, Clause 6.1.2 shall apply. The Company will notify the Customer not less than two weeks prior to the notice period taking effect.
5.1 All invoices are to be paid on or before the due date on the invoice.
5.2 If the Customer fails to make payments, Purity Clean reserves the right (without prejudice to its other rights and remedies) to charge interest on all sums remaining unpaid after the due date, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, at the rate of 8% over the current Bank of England base rate together with late payment charges as set out in the Act. A part of the month will be treated as a full month for the purposes of calculating interest.
5.3 (Without being in breach to the Customer) Purity Clean reserves the right to suspend services if invoices are not paid by the due date. Services will be restored immediately after receiving any outstanding payment in full. During the suspension, charges will continue to be applied as usual.
6.1 In the event the Customer terminates the Agreement during the initial term pursuant to Clause 4.1, unless termination was due to persistent failure to provide a standard of service of cleaning by the Company, the Customer shall pay to Purity Clean:
6.1.1 All amounts due that would have been payable under the agreed minimum term of the contract if the contract is cancelled before the end of the agreed period. If the agreement is for a variable quantity of services, the amount payable will be calculated at 70% of the average (calculated over the last 6 months).
6.1.2 In the event that the Customer terminates the Agreement after the initial term and fails to give notice or adequate notice in accordance with Clause 4.1, the Customer shall pay forthwith to Purity Clean all amounts due and that would have been payable under the Agreement.
6.2 Upon termination of this Agreement howsoever arising:
6.2.1 All Goods remain the property of Purity Clean unless bought outright and will be collected at the end of an Agreement.
6.2.2 The Customer agrees not to obstruct the lawful collection of Goods or equipment loaned to the Customer for the provision of Services from site at the end of an Agreement.
7.1 The Company shall carry out, with reasonable skill and care, the Services for the Customer as described in the Quotation and in the accompanying specification (if supplied).
7.2 In respect of the Cleaning Agreement only:
7.2.1 The Company reserve the right to charge for any additional services provided on bank holidays. Monthly invoices are not reduced for shutdowns over holiday periods (e.g. Easter, Christmas and New Year);
7.2.2 One off Customer requests for additional duties will be subject to an extra charge to cover the additional cleaner(s) and management time. The cost (ex. VAT): First hour £25.00 and each subsequent hour £16.00.
7.3 A duplicate set of keys is required in case of emergency or illness.
8. Where free parking is not available on the premises belonging to the Customer, or where there is no availability of the free parking facility, the Company will add to the invoice any parking charges it incurs to deliver the Service.
8.1 Should the Company attend the Customer to deliver the agreed Service and cannot gain entry, or is refused entry, then the full price in the Agreement will be payable and a fee may be charged to reschedule the Service.
8.2 The price for the Service shall be the price set out in the Agreement and is exclusive of any Value Added Tax which shall be added to the sum in the Quotation.
8.3 Purity Clean reserves the right to amend the Agreement price of the Services to reflect any increase in cost to the Supplier which is due to any factor beyond the control of the Company (including, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture). Any change in delivery dates, specifications or number of resources for delivery of the Services which are requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate information or instructions.
8.4 In respect of Cleaning or other Services to be delivered periodically:
8.4.1 By giving written notice to the Customer, prices are reviewed and may be increased on an annual basis in March.
9.1 Reports of poor service, breakage, damage, or theft MUST be reported by the Customer to Purity Clean with 24 hours of the visit. Reports received after this time frame will not entitle the Customer to any refund or replacement service. The report must outline the specific area(s) giving rise to the complaint being raised.
9.2 The Company will respond to any complaints within two working days after receipt of the report. In the event of a serious complaint, the Customer will give the Company a fair and reasonable amount of time to investigate the complaint.
9.3 Complaints may be made verbally via telephone or by writing via email or letter, but either must be received within 24 hours of the service being delivered (where the service giving rise to complaint is delivered on Friday, then notification will be accepted on the following working day). The operator within the Company with whom you speak when reporting the complaint will send you an acknowledgement via email containing a unique case reference number.
10.1 In case the representative from the Company fails to complete the job satisfactorily in line with the specification (if provided), the Customer will be entitled to a re-clean of the particular unsatisfactory areas/tasks to achieve full customer`s satisfactions.
10.2 The Customer understands that he is not entitled to any refunds.
10.3 The Company reserves the right to only offer one recovery clean per service.