TERMS & CONDITIONS
QUOTATION TERMS & CONDITIONS
These Terms and Conditions shall apply to the purchase of the service detailed overleaf (“the Service”) by you (“Buyer”) from Klean Coat Ltd a company registered in England and Wales under number 13132973 whose registered office is at Unit 16h Top Barn Business Centre Worcester Road Holt Heath Worcester WR6 6NH (“the Supplier”). No other terms and conditions shall apply to the sale of the Service unless agreed upon in writing between the Buyer and the Supplier. “The Service” is defined as the supply and installation of a cleaning product by the Supplier. ”The Product” means the cleaning product which the Supplier owns and contracts with the Buyer to install.
2.1 A “business day” means any day other than a Saturday, Sunday or bank holiday, save where the Supplier deems it necessary to supply the Service on such a day or days.
2.2 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
2.3 Words imparting the singular number shall include the plural and vice-versa.
3. The Service
3.1 The description of the Service is as set out in the Supplier’s quotation. In accepting this quotation the Buyer acknowledges that it does not rely on any other representations regarding the Service save for those made in writing by the Supplier. No descriptions of the Service set out in the Supplier’s website shall be binding on the Supplier and are intended as a guide only.
3.2 The Supplier reserves the right to make any changes in the specification of the Service which are required to conform to any applicable safety or other statutory or regulatory requirements.
4.1 The price (“Price”) of the Service shall be that set out in the Supplier’s price list current at the date of the Buyer’s order or such other price as may be agreed in writing between the Supplier and the Buyer. The Price shall be confirmed in this quotation.
4.2 If the cost of the Service to the Supplier increases due to any factor beyond the Supplier’s control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, the Supplier reserves the right to increase the Price prior to delivery.
4.3 Any increase in the Price under sub-Clause 4.2 shall only take place upon the Supplier informing the Buyer of the increase in writing.
4.4 The Buyer may be entitled to discounts subject to and in accordance with any details set out in the Supplier’s price list current at the date of the Buyer’s order or as may be agreed in writing by the Supplier and the Buyer. The Buyer shall not necessarily be entitled to a discount. Any and all discounts shall be at the discretion of the Supplier.
4.5 The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
5. Quotation and Basis of Sale
5.1 Details of the Service in sub-Clause 3.1 are subject to alteration without notice and do not constitute contractual offers to sell the Service which are capable of acceptance.
5.2 The Supplier is not obliged to accept an order from the Buyer if the Buyer does not supply references which are requested by, and satisfactory to, the Supplier. If at any time the Supplier is not satisfied as to the creditworthiness of the Buyer it may give written notice to the Buyer that no further credit will be allowed to the Buyer in which case no further goods will be delivered to the Buyer other than against cash payment.
5.3 This quotation constitutes written acceptance and confirmation by the Supplier of the Buyer’s order for the Service.
5.4 Having issued this quotation which is a contractual offer to sell and apply the Service, the Supplier agrees to enter into a contract for the sale of the Service upon the Buyer’s written acceptance of this quotation and of these Terms and Conditions.
5.5 This quotation (including any non-standard price negotiated in accordance with sub-Clause 4.1) is valid for a period of 30 days only from the date shown overleaf unless expressly withdrawn by the Supplier at an earlier time.
5.6 Either the Supplier or the Buyer may cancel the order for any reason prior to the Buyer’s acceptance (or rejection) of this quotation.
6.1 Following the Buyer’s acceptance of this quotation, the Supplier shall invoice the Buyer for the Price on or at any time after performance of the Service.
6.2 The Buyer shall pay the Price within 30 days of the date of the Supplier’s invoice or otherwise in accordance with any credit terms agreed between the Supplier and the Buyer.
6.3 If the Buyer fails to make payment within the period in sub-Clause 6.2, the Supplier shall suspend any further deliveries to the Buyer or cancel any pending orders from the Buyer and charge the Buyer interest at the rate of 3% per annum above the Bank of England base rate from time to time on the amount outstanding until payment is received in full.
6.4 Time for payment shall be of the essence of the Contract between the Supplier and the Buyer.
6.5 Payment in respect of a yearly service (defined as “the Yearly Service”) shall be made by 12 equal payments made at the end of each calendar month after the commencement of the provision of the Service.
6.6 All payments must be made in sterling unless otherwise agreed in writing between the Supplier and the Buyer.
7. Delivery of the Service
7.1 The Supplier shall arrange for the delivery of the Service on or as near as reasonably possible to the delivery date detailed in this quotation to the address specified in the Buyer’s order or to another location as agreed in writing between the Supplier and the Buyer.
7.2 Subject to the specific terms of any special delivery service, delivery may take place at any time of the day and must be accepted at any time of the day.
7.3 If the Buyer fails to take delivery of the Service, the Supplier may, at its discretion and without prejudice to any other rights:
(a) store or arrange for the storage of the Product and shall charge the Buyer for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or (b) make arrangements for the redelivery of the Product and shall charge the Buyer for the costs of such redelivery.
7.4 If redelivery is not possible under sub-Clause 7.3(b), the Buyer shall be required to collect the Product from the Supplier’s premises and shall be notified of the same. The Supplier reserves the right to charge the Buyer for all associated costs including, but not limited to, storage and insurance.
7.5 If the Supplier fails to deliver the Service on the delivery date other than for reasons beyond its control, the Buyer may give written notice to the Supplier within 14 after the delivery date requiring the Supplier to deliver the Service within 7 of that notice (“Notice Period”).
7.6 If the Supplier receives no notice from the Buyer under sub-Clause 7.5, it shall have no liability in respect of late delivery provided that it delivers the Service at any time after the delivery date.
7.7 If the Supplier fails to deliver within either the Notice Period or the Late Delivery Period (as applicable), the Buyer shall have the right to cancel the order and the Supplier shall be liable only for the excess (if any) of the cost to the Buyer of finding suitable substitute products in the cheapest available market.
8.1 Products may not be returned without the prior written agreement of the Supplier.
8.2 Subject to sub-Clause 8.4, the Supplier shall only accept returned Products if it is satisfied that those Products are defective and that such defects would not be apparent on inspection.
8.3 The Supplier shall have the option of either replacing defective Products within 14 days of receipt of them or shall refund to the Buyer the Price for those Products which are defective.
8.4 The Supplier shall not be liable for defects arising out of the Buyer’s failure to follow any instructions given by the Supplier, misuse or alteration of the Product, negligence, wilful damage or any other act of the Buyer, its employees, agents or any other third party.
9. Rights, Warranties and Liability
9.1 Subject to these Terms and Conditions and except where the Buyer is purchasing the Service as a consumer, all warranties, conditions or other terms implied by statute or common
law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.
9.2 The Supplier shall not be liable for any loss or damage of any nature, direct or indirect, including any loss of profits or consequential damages suffered or incurred by the Buyer for whatever reason.
9.3 The exclusions of liability contained within this Clause 9 shall not exclude or limit the liability of the Supplier:
(a) for death or personal injury caused by the Supplier’s negligence;
(b) for any matter for which it would be illegal for the Supplier to exclude or limit its liability; and (c) for fraud or fraudulent misrepresentation.
9.4 The Supplier guarantees the effectiveness of the Service for 70 days from the date of its installation at the Buyer’s premises save that where it is shown that the Buyer has during that 70 day period applied an abrasive cleaning product or method to the Product (such proof being provided by the Supplier shall be final and conclusive), that 70 day guarantee shall be ineffective. 10. Data Protection
The Seller will only use the Buyer’s personal information as set out in the Supplier’s Privacy Notice.
11.1 All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
11.2 Notices shall be deemed to have been duly given:
(a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
(b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
(c) on the third business day following mailing, if mailed by standard mail.
11.3 All notices under these Terms and Conditions shall be addressed to the most recent address, email address or fax number notified to the other party.
12. Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
13. No Waiver
No waiver by the Supplier of any breach of these Terms and Conditions by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).
15. Law and Jurisdiction
15.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
15.2 Any dispute, controversy, proceedings or claim between the Supplier and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.