terms & conditions

Acceptance:  The acceptance of this quotation, or the placement of an order, includes the acceptance of these terms and conditions which shall apply between us, Workplace Cleaning Solutions Ltd (the “Company”), and the Customer who shall be the party accepting this quotation or placing an order with us.  No terms or conditions stipulated or referred to by the Customer in any form whatsoever shall in any respect vary or add to these terms and conditions unless otherwise agreed by the Company in writing.

Entire Contract: These terms and conditions shall apply as the binding and entire Contract between the Company and the Customer and are to be read in conjunction with the particulars of any quotation documentation or services agreement.

Errors or Discrepancies: Our quotation is based on the information provided to the Company at the time of preparing such quotation.  Should any errors or discrepancies become evident which affect our order value, the Company reserves the right to make any adjustments to it.

Exhaustive Rights: These terms and conditions shall be exhaustive of the rights, obligations and liabilities of each party, whether such rights obligations and liabilities arise in respect of or in consequence of a breach of Contract or statutory duty or a tortuous or negligent act or omission which gives rise to a remedy at common law.

Quotation: Our quotation shall constitute our entire scope of works.

Validity:  Our quotation is open for acceptance within 28 days from the date of quotation.

Lead in periods:  If appropriate, these are as stated within our quotation.

Contract Period: This contract commences on the date as agreed between the parties and continues in force for a minimum period of twelve months, to be referred to as the “contract period”.  The contract will automatically renew after the expiration of the minimum period unless terminated pursuant to the provisions as set out elsewhere in these conditions.

Site Inspection: Site inspection, if appropriate, cannot commence until the Customer has forwarded all necessary details and confirmed, in writing, that the site is ready for the inspection to be carried out.

Notices:  All notices and communications shall be in writing and shall be deemed to have been duly given when delivered by hand, posted by prepaid post or sent by email to the intended recipient at the address and / or email address stated in this Contract or to such other address or email as that party may specify to the other in writing.  Notices sent by email shall be deemed received the first business day following such delivery of sending and notices which have been posted as above shall be deemed received on the third business day following posting. 

Notice Period: The Company requires a minimum of 30 working days formal notice to commence the works. If, subsequent to the giving of such notice the Customer has not provided the requested information for the works to commence, or paid any deposit payment if requested, the Company shall require a further written notice from the Customer.

Access:  The Customer shall ensure that the Company and its employees can access the home, building or offices therein at the agreed times to render the Services.

The Customer shall ensure that all homes, buildings or offices which are to be cleaned can be accessed by the Company whether within the normal business hours of those offices or otherwise.  The Company shall not be responsible for the failure to render the Services in any home, building or office which it cannot access.

The Customer shall ensure that the Company has access to electrical outlets and a supply of hot and cold running water.

The Customer shall ensure that all necessary permissions, consents and licenses required for the Company to render the Services have been obtained.

The Customer must use its best and reasonable endeavours to give the Company at least 2 days’ notice if the Company will not be required to provide the Services on a particular day or at a particular time. 

Provisions:  The Customer further agrees to provide for the purpose of discharging the Company’s obligations under this contract full and free access to a hot water supply, free use of electricity and any other amenities that the Company could reasonably be expected to require to discharge the Company’s obligations to the Customer under this contract.

Products: All Products used in the rendering of the Services shall be provided by the Company, selected based upon the Services required.  The cost of such Products shall form a standard part of the Company’s quotation or further quotation should it be found necessary to provide further or additional products.  Any products provided by the Client for use by the Company shall be at the sole responsibility of the Client and the Company shall accept no liability for any damage, results or consequences of using such products.  The Company reserves the right to refuse to use such products to be provided by the Client where, in their opinion, it would be wrong or dangerous to do so.

Waste: The Company shall properly dispose of all waste that results from its rendering of the Services into bins or other identified areas provided on site by the Client.

Service Charges: The Company agrees to provide the Customer with the service delivery as specified within the quotation and agrees not to increase the charge for a period of twelve months from the date of commencement of the “contract period” other than for obligatory increases caused by legislation or other enforceable acts, or any agreed variation to the Services to be provided. Thereafter, the charges shall be renewed and agreed between the Company and the Customer on an annual basis during the term of the contract.

Service Delivery:  The Company further agrees to provide a service delivery that benefits the Customer and for this purpose will maintain a quality control procedure and monitoring system to ensure that the service delivery to the Customer is maintained at a level that benefits the Customer.

Assignment:  The Customer shall not be entitled to assign the benefits under this Contract without the Company’s prior written consent having been obtained.

Variations:  Any variation in the service delivery must be evidenced by a written instruction from the Customer before the Company will proceed with the works.

If cleaning work beyond the normal remit of the Services is required (to clean up a serious spillage, for example) the Company shall first obtain the Customer’s consent to perform such work and shall add the costs of such work to the invoice for the month in which the work takes place.

Expenses:  All expenses, costs, subsistence and any additional travel incurred by the Company in the performance of the service delivery shall be charged extra at cost.

Delay & Abortive visits: If the Company is prevented from continuous working, or has to abort a visit for whatever reason, through no fault of ourselves, or if the Company or the customer cancels due to adverse weather conditions/works being carried out on site or any unforeseen reason, the Company reserves the right to make a full charge and in addition claim any costs associated with any non-productive or aborted visits to site. To recommence the Company’s works after such delay or abort, the Company shall require a further notice pursuant to clause 5 above.

Fee Structure: The Company’s charges are worked out over a 52 week period and include for all Bank Holidays (employees do not work Bank Holidays unless agreed in advance). Christmas breaks will be worked out in conjunction with the Customer’s shutdown period.

Standard Payment Terms: Where specifically agreed, a deposit payment is to accompany the order.  Where no deposit payment is agreed, the contract value is to be received strictly as detailed in the Company’s quotation.

Interest shall be paid on all overdue accounts from the date payment was due (as set out above) until actually made at four percent above the Bank of England Base Rate from time to time during the period in which interest is payable.

Fee/Price Variations:  Any fee or price variation shall become due for payment to the Company in accordance with the terms for payment herein.

Set-off:  The Company is unable to accept any monies being ‘set-off’ or withheld.

Retention of Title:  Any property of the Company’s left at the Customer’s premises, remains the Company’s property at all times and the Company reserves the right to enter onto the Customer’s premises to remove the Company’s property at any time.

Non Payment:  The Company reserves the right to withdraw its services to the Customer in the event that any invoice delivered to the Customer by the Company for service delivery has not been paid in part or in full within the agreed payment terms. Withdrawal of services for this reason does not constitute abandonment and as such normal payment will become due until such time as either the Company or the Customer terminates this Contract pursuant to the provisions as set out elsewhere in these conditions regardless of whether or not service delivery is being maintained at that time or not.

Sub-Contracting: Where the Company sub-contracts the performance of any of its obligations under the contract to any person with the prior consent of the Customer, the Company shall be responsible for every act or omission of the sub-contractor as if it were an act or omission of the Company itself.

No Employment:  Nothing in this Contract shall render or be deemed to render the staff employed by the Company as employees, sub-contractors, contractors or agents of the Customer and they cannot be directly employed by the Customer or any of its agents. This clause shall survive termination of this contract for a period of one year from the date of termination.

General Liability: Due to circumstances outside of the Company’s control, the Company shall not be liable for any delay or for any consequence of any delay in the completion of the service delivery if such delay shall be due to fire, strike, lockout, dispute with workmen, flood, accident, delay in transport, shortage of fuel, default of any sub-contractor, inability to obtain material and/or labour, embargo, act or demand or requirement of any government or any government department or local authority, or as a consequence of war or of hostilities (whether war be declared or not), or any other cause whatsoever beyond the Company’s reasonable control.  If any such delay occurs then (unless the cause thereof shall frustrate or render impossible or illegal the performance of this Contract or shall otherwise discharge the same) the Company’s period for performing its obligations shall be extended by such period (not limited to the length of the delay) as the Company may reasonably require to complete the performance of its obligations.

Force Majeure:  Except for the Customer’s obligations to pay the Company, neither party shall be liable for any delay or failure to perform its obligations if such failure or delay is due to causes beyond its reasonable control (including any delay caused by an act or default of the other party).

Indemnity:  The Company agrees to indemnify the Customer against any claim for damages brought as a result of negligence by any member of the Company’s employees, sub-contractors, contractors or agents whilst engaged upon service delivery at the Customer’s premises.  However, the Company shall not be liable whether by way of indemnity, breach of Contract or statutory duty or in tort (including negligence) for any loss of profit, loss of use, loss of Contract or Contracts, or for any financial or economic loss or for any indirect or consequential loss or damage whatsoever.

Insurance: The Company includes for Employers and Public Liability Insurance cover to a value of £5 million.  Full details are available upon request.  The Customer will insure and cover any equipment/material of the Company’s stolen or damaged whilst on the Customer’s premises.

Literature and Representations:  Any marketing literature is presented in good faith as a guide to represent the service offered and does not form a part of the Company’s Contract.

The Company’s employees, sub-contractors, contractors or agents are not authorised to make any representation concerning the Company’s service unless confirmed by the Company in writing.  In entering into the Contract the Customer acknowledges that it does not rely on and waives any claim for breach of any such representations, which are not confirmed.

Confidentiality: In the course of the works, it may be necessary for the parties to have access to information that is confidential to the other (“Confidential Information”).  Confidential Information shall not include:

Which is, at the time of disclosure, in the public knowledge, or which after disclosure, becomes part of the public knowledge, except by breach of this Contract;

Which was in the receiving party’s possession (as reflected in written records) at the time of disclosure by the disclosing party; and which was not acquired, directly or indirectly, from the disclosing party;

Which the receiving party can demonstrate; by written documents, resulted from its own research and development, independent of disclosure from the disclosing party;

Which the party receiving the information already possesses or which it obtains or originates independently in circumstances in which that party is free to disclose it; or which either party is obliged to disclose to comply with any requirement of the law.

The parties agree both during this Contract and for a period of one year after termination of this Contract, to hold each other’s Confidential Information in confidence.  The parties agree not to make each other’s Confidential Information available in any form to any third party or to use each other’s Confidential Information for any other purpose which is not related to this Contract.

Each party agrees to use its reasonable endeavours to ensure that Confidential Information is not disclosed or distributed by its employees, sub-contractors, contractors or agents in breach of the provisions of this Contract.

The Customer agrees that any information received pursuant to this Contract shall be deemed subject to the non-disclosure obligations set forth herein

Cancellation: Should the Customer cancel the order with the Company, without the giving of 30 days’ notice in accordance with this clause 30, the Company reserves the right to levy reasonable cancellation charges, including but not limited to, any administration costs, procurement costs and loss of profit, against the Customer and these shall fall due for payment immediately.

The notice to cancel shall take effect at the end of the Service Period within which it is served.  The Customer shall receive the final invoice for that Service Period on the normal date and the normal payment provisions set out in Clause 17 shall apply.

Termination:  This Contract may be terminated by either party by reason of the earliest occurrence of any one of the following:

By either party giving the other 30 days written notice.  During this 30 day termination period the Company shall be liable for delivery of the service and the Customer shall be liable for payment of all charges in full.

If either party commits any serious breach of its obligations hereunder and fails within 14 days written notice to remedy the same, the other party may forthwith, by notice in writing, terminate this Contract without prejudice to any other rights which may have accrued to it hereunder.

Persistent or wilful neglect.

Becoming incapable for any reason of performing its services.

Either party doing any action manifestly prejudicial to the interests of the other or which in the opinion of either party may bring the other into disrepute.

The Customer’s payment obligations under this Contract shall survive termination of this Contract where termination is brought about by the actions of the Customer.

Termination of this Contract howsoever arising shall not affect the rights and liabilities of the parties already accrued at such time nor effect the continuance in force of such provisions as are expressed as or capable of having effect after such termination.

Delivery up of Property:  Upon the expiration or termination of this Contract for whatever cause the Customer will deliver up to the Company all property belonging to the Company which remains on the Customer’s premises.  Both parties shall then (if required by the other) make a declaration that the provisions of this clause have been complied with.

Data Protection:  The Customer and the Company agree to comply with all applicable data protection legislation, including but not limited to the Data Protection Act 1998 and any subsequent amendments thereto.

Unenforceable or illegal terms:  If any provision of these terms and conditions is held to be unenforceable or illegal, in whole or in part, such provision of part thereof shall to that extent be deemed not to form part of these terms and conditions and the remainder shall not be affected.

Waiver:  Failure of any party to insist upon strict performance of any provisions of this Contract or the failure of any party to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this Contract.  No waiver of any of the provisions of this Contract shall be effective unless it is expressly stated to be such and signed by all the parties to this Contract.

Consumer Rights:  Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

Disputes:  Any dispute between the parties to this Contract shall be referred to the exclusive jurisdiction of the English Courts.

Law Applicable:  This Contract shall in all respects be subject to and construed in accordance with English Law.

 

let's talk

Encore are a business providing Corporate businesses the service and delivery they require along with important strategic information to support Sustainability goals and KPI’s. If you require an innovative partner around the Environmental agenda please contact us.

Contact Us Who We Are