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TERMS AND
CONDITIONS OF BUSINESS (SUPPLY OF GOODS AND SERVICES) BETWEEN A BUSINESS AND
CONSUMER
THIS AGREEMENT
is made on (date)
201
AND IS MADE BETWEEN:-
Yorkshire
Ecological Solutions
Limited
(YES Ltd),
registered
office is 28 William Street,
Churwell, Morley, Leeds. LS27 7RE;
And
The
Customer,
Address:-
1. Entire
Agreement
This Agreement, the Proposal Letter, the Installation Contract, and
Aftercare Instructions combined, contain the entire agreement between the
parties relating to the subject matter and supersedes any previous agreements,
arrangements, undertakings or proposals, oral or written.
Please ensure you have read and understand all the documents before
signing the Contract.
2.1 Any
terms or conditions sought to be imposed by either party shall not be
incorporated into the Contract and shall have
no effect unless agreed to in writing by the other party.
2.2 Yorkshire Ecological Solutions Ltd do not accept liability for the
installed system’s failure to perform due to incorrect design
based on misinformation or misinterpretation of information supplied by
the customer, and where design of the proposed system has been
prior to our involvement with the project, or the customers misuse or
failure of care of the system.
2.3 Yorkshire Ecological Solutions Ltd do not undertake to locate
existing pipe-work and/or services, or determination of combined systems, i.e.
surface and foul water unless previously discussed and agreed in writing.
The undertaking of this work can be classified as additional work and a charge
may be levied.
2.4 We may, as your agent, directly or through an intermediary, ask
another contractor ("Third Party Contractor") to carry out some or all
of any work, which you instruct us to carry out for you. We shall pay the
reasonable charges of Third Party Contractors on your behalf and recharge them
to you with our own fees, as stated in our contract price. We will take all
reasonable care in selecting and instructing a Third Party Contractor.
3.
Prices
3.1
The price
for the supply of good and services are set out on the enclosed Contract.
3.2
Payment
for 10m2 systems is strictly on completion, given to our staff before departure.
For all other systems we require 30% of the total cost with the order, prior to
construction; the balance to be paid within 7 days of completion.
3.3
We shall
be entitled to charge interest on overdue invoices from the date when payment
becomes due from day to day until the date of payment at a rate of 10.0%
per annum above the lending rate of the Lloyds TSB Bank plc.
3.4
The price
of the goods and services includes Value Added Tax, which shall be charged at
the rate prevailing at the relevant tax point.
4.
Risk
As
soon as we have delivered the goods or services, you will be responsible for
them and we will not be liable for their loss or destruction. Therefore, you
would need to take necessary steps to protect the items. If you delay a
delivery, our responsibility for everything other than damage due to our
negligence will end on the date we agreed to deliver them.
5.
Ownership of the Goods
You
will only own the goods once they have been successfully delivered and
installed, and when we have received cleared payment in full.
6.
Delivery
We
will deliver the goods to the address you specify for delivery in your order. It
is important that this address is accurate. Please be precise about where you
would like the goods left if you are out when we deliver. We cannot accept any
liability for any loss or damage to the goods once they have been delivered in
accordance with your delivery instructions (unless this is caused by our
negligence). We will aim to deliver the goods by the date quoted for delivery
but delivery times are not guaranteed. If delivery is delayed due to any cause
beyond our reasonable control, the delivery date will be extended by a
reasonable period and we will contact you to arrange an alternative time.
7.
Performance
7.1.
We will manufacture and install the items within a reasonable time,
ground and weather conditions, and machinery permitting.
7.2.
If in our opinion it is not reasonably practicable for any reason to
carry out any of the work we are instructed to carry out, we shall be entitled
to refrain from carrying out or completing such work and will consult with you
as to what if any work is to be undertaken. We will, if requested by you,
provide a written explanation as to why any work is not considered to be
reasonably practicable.
7.3.
If
the cost to us of carrying out the work is subsequently increased by reason of
increases in the cost materials and/or labour
and/or any other factor outside our control, then we shall notify you before
undertaking any work to which the increase will apply.
8.
Payment
Payment for 10m2 systems is strictly on completion,
given to our staff before departure.
For all other systems we require 30% of the total
cost with the order, prior to construction; the balance to be paid within 7 days
of completion. The time stipulated for payment shall be of the essence of the
Agreement. Failure to pay within the period specified shall entitle us to write
to you upon the expiration of seven days notice, to charge you for costs and
expenses incurred in recovering late payments, and to charge interest at our
rate then in force pursuant to the Late Payment of Commercial Debts (Interest)
Act 1998 as at the due date.
No retention money shall be held without previous agreement, which
should be negotiated prior to the commencement of the contract and in writing.
9.
Warranty
9.1
We warrant that as from the date of delivery for a period of 12 months
the goods and all their component parts, where applicable, are free from any
defects in design, workmanship, construction or materials. Any additional
warranties described in the specification document are manufacturers warranty
only.
9.2
We warrant that the services performed under this Agreement shall be
performed using reasonable skill and care, and of a quality conforming to
generally accepted industry standards and practices.
10.
Right to Cancel
10.1
We will permit you to cancel this Agreement by sending written notice no
later than 7 days after the date on which this Agreement has been signed. If you
request cancellation at a later date, then unless we are in breach of contract,
we have the right to refuse it and require a contribution towards any losses or
costs we suffer as a result of the cancellation.
10.2 If you have received the goods before you cancel this Agreement then
you must send the goods back to our specified address at your own cost and risk.
If you cancel this Agreement but we have already processed the goods for
delivery you must not unpack the goods when they are received by you and you
must send the goods back to us at our specified address at your own cost and
risk as soon as possible. Should an order be cancelled prior to the building start
date, items bought for the job, will incur a cancellation fee charged
by Yorkshire Ecological Solutions Ltd, which will be payable by the
customer. This fee could be up to 100% of the cost of the items bought.
10.3
Once you have notified us that you are cancelling this Agreement, any sum
debited to us from your credit card will be re-credited to your account as soon
as possible and in any event within 30 days of your cancellation, PROVIDED THAT
the goods in question are returned by you and received by us in the condition
they were in when delivered to you. If you do not return the goods delivered to
you or do not pay the costs of delivery, we will be entitled to deduct the
direct costs of recovering the goods from the amount to be re-credited to you.
10.4
You will be re-credited for the costs incurred in returning faulty or
unsatisfactory goods.
10.5
We reserve the right to cancel the Agreement if one or more of the goods
you ordered was listed at an incorrect price due to
a typographical error or an error in the pricing information received by
us from our suppliers.
11.
Invalidity & ‘Third Party Items’
If
any part of these terms and conditions is unenforceable (including any provision
in which we exclude our liability to you) the enforceability of any other part
of these conditions will not be affected.
Reedbeds
will not process any type of grease, oils, or solvents, these products must not
be flushed onto the system. It is the Customers responsibility to ensure that
all drainage traps, ie. for grease, oil, hair; are properly and continually
maintained.
Should third
party items be put into the tank system, such as nappies, sanitary towels or
non- dissolvable wipes, which are then discharged onto the reedbed, Yorkshire
Ecological Solutions Ltd do not accept responsibility for the malfunction of the
reedbed, and/or pump, and are not responsible for cleaning such items from the
system.
Should Yorkshire Ecological Solutions Ltd be called out on a service
call and a third party item be found to be the cause of the problem, then
the customer will be liable for the repair, time on site and travel costs of the
engineer. Travel and time on site costs will be levied at the current rate
of £50.00 per hour plus VAT. Mileage costs are currently 50 pence per mile
plus VAT.
Yorkshire Ecological Solutions Ltd will always act in good faith to
ensure that a sewage system is operational as soon as possible after a problem,
and will therefore endeavour to supply advice and/or remedial work to ensure
there is no disruption in service.
It must be understood however that should the problem not be a service
issue then an invoice will be issued for the visit, work done, and any damage to
the installation.
12.
Liability
12.1.
Except for death or personal injury caused by our negligent acts or
omissions we shall only be liable for any loss or damage which is a reasonably
foreseeable consequence of a breach of this Agreement.
12.2.
You will be responsible for all claims, liabilities, damages, costs and
expenses suffered or incurred by us as a result of your breach or default in the
discharge of your obligations, including the Aftercare Instructions. Any
unauthorised alterations to the YES reedbeds are not the responsibility of YES
Ltd, and remedial work will be charged for.
12.3.
Where we need to carry out work on your premises and/or install
equipment, we will not accept liability for the cost of repairing or replacing
parts of your existing system which occurs due to faults in your system unless
we have been negligent in not realising that such damage may occur or in the way
we did the work.
12.4.
In the event of our losing or damaging your goods, we will pay for the
reasonable costs of the repair or replacement (less wear or tear) of the item or
provide you with a full refund if we have been negligent.
12.5.
Nothing in this Agreement shall exclude or limit the Company’s
liability for death or personal injury resulting from the Company’s negligence
or that of its employees, agents or sub-contractors.
13.
Governing Law and Jurisdiction
Parties
to this Agreement agree to submit to the exclusive jurisdiction of the courts of
England and Wales.
14. Third
Party Rights
Nothing
in this Agreement is intended to, nor shall it confer any rights on a third
party.
15.
Customer Services
15.1.
To protect your own interests please read the conditions carefully before
signing the Contract. If you are uncertain as to your rights under them or you
want any explanation about them please write or telephone us at the address and
telephone number set out above.
15.2. If you are unhappy with any
aspect of our service, please contact Yorkshire Ecological Solutions Ltd. Any
complaints will be dealt with sympathetically and we will work with you to reach
a satisfactory conclusion.
15.3
By
placing an order either verbally or in writing, it is deemed that the above
terms and conditions have been read and fully understood prior to the order
placement. These terms and conditions issued by Yorkshire Ecological Solutions
Ltd are on each proposal. Terms and conditions are also available on our web
site, www.yes-reedbeds.co.uk
16.
Changes to Terms and Conditions of Business
We reserve the right to make minor changes to this Agreement from time to
time. Any major changes will only be made with
your agreement.
17.
Data Protection
You consent to the computer storage and processing of your personal data
by us in connection with this Agreement and to the transmission of this data
across the company and its business partners for the purposes of our legitimate
interests including statistical analysis, marketing of our services and credit
control. If you breach this Agreement, your personal data may be disclosed or
passed to third parties to the extent necessary to assist recovery procedures.
Any documents containing personal details will be shredded before
disposal.
*******************************
Y.E.S.
Ltd.
(doc.Feb.
11)