Terms of Business
The Conditions of Contract of Speedy Pest Control Ltd
1. Period of Acceptance
Acceptance of the quotation will be subject to confirmation in writing by Speedy Pest Control Ltd. Such confirmation is subject to Speedy Pest Control Ltd being satisfied with the credit status of the customer. The quotation is open for acceptance within one month from the date hereof and is subject to Speedy Pest Control Ltd receiving reasonable notice to commence work within three months after receipt of such acceptance and having labour and materials available at the date of commencement requested by the customer. Speedy Pest Control Ltd may at any time revise the quotation for errors and omissions.
2. Terms of Payment
All sums due to Speedy Pest Control Ltd are net unless otherwise stated. In the case of work for which the contract period extends for more than one month, interim accounts may be rendered by Speedy Pest Control Ltd at its discretion. Payment of all accounts is due within 14 days from the date of issue. In the event of any failure by the customer to do so Speedy Pest Control Ltd may, after giving 7 days notice to the customer, suspend or discontinue the work and remove any equipment and materials but without prejudice to any right or remedy. Speedy Pest Control Ltd reserves the right to charge interest on all overdue accounts at 3% above the base rate from time to time of Royal Bank of Scotland plc per annum.
Unless otherwise stated in the quotation the contract price is based on the cost of materials, equipment, hiring of equipment, labour and other emoluments and expenses and transport ruling at the date of the quotation. Increases or decreases in the cost of executing the work which are consequent upon change in any such costs or upon any change in or imposition of any new Government taxes, levies or contributions payable by Speedy Pest Control Ltd in respect of employees engaged upon or in connection with the work shall be a net addition to or deduction from the contract price.
4. Working Hours
Unless otherwise stated in the quotation the contract price allows for work to be executed during the normal working hours of Speedy Pest Control Ltd. If overtime is caused (other than by default of Speedy Pest Control Ltd) to be worked the cost to Speedy Pest Control Ltd in respect of such overtime plus a reasonable proportion of overheads shall be chargeable to and payable by the customer as an addition to the contract price.
5. Variations and Additions
No variations of the quotation or the contract shall be binding on Speedy Pest Control Ltd unless confirmed in writing by it. All additional work will be the subject of a separate contract between Speedy Pest Control Ltd and the customer, agreed in writing before such additional work is started.
a) that such additional work may be executed under this contract and
b) the amount of rates for calculating the amount by which the contract price has been increased in respect of such additional work.
Where any work is carried out at day work rates the total number of hours booked as shown on Speedy Pest Control Ltd time sheets will be chargeable at the rates then current plus expenses. Speedy Pest Control Ltd reserves the right to substitute alternative materials and equipment and to use alternative methods, works and constructions to those specified in the quotation or in any document issued by them.
Every effort will be made to commence work when requested but Speedy Pest Control Ltd cannot, as a condition of acceptance, guarantee to start on the requested date.
Any losses incurred by Speedy Pest Control Ltd including losses in respect of wages and appropriate overhead, travelling expenses and plant hire attributable to delays in the work beyond the direct control of Speedy Pest Control Ltd including delays due to adverse weather shall be chargeable to and payable by the customer in addition to the contract price. There shall be a condition precedent to any liability for any delay alleged to be due to the fault of Speedy Pest Control Ltd and written details thereof sent to Speedy Pest Control Ltd within seven days of the delay commencing.
8. Structural Defects
Speedy Pest Control Ltd shall be entitled to charge and to be paid by the customer any additional costs incurred by it and caused by or arising out of any hidden structural defects existing at the time of any inspection made before issuing the quotation or at any time during the execution of the work.
9. Plant and Machinery
No liability will be accepted by Speedy Pest Control Ltd for any loss or damage to any property or injury or death of any person or any loss of any person caused by or arising out of the use of or interference with plant, machinery or means of access by persons other than employees of Speedy Pest Control Ltd and the custom shall indemnify Speedy Pest Control Ltd against claims by third parties in respect of all such loss damage, injury or death.
An adequate and safe electrical supply from convenient points suitable vehicle access to and from the place of work within the site, loading, unloading and storage facilities and convenient facilities for connecting hoses to an adequate supply of water shall be made available to Speedy Pest Control Ltd, free of charge, were necessary. Should it be necessary for Speedy Pest Control Ltd to use a generator for the provision of electricity, the cost of such generator shall be paid by the customer.
Unless otherwise stated in the quotation, the customer shall:
a) Provide safe means of access to the work in accordance with all statutes and regulations relating thereto and to the requirements of Speedy Pest Control Ltd, free of charge and so as to enable Speedy Pest Control Ltd to execute the work in one continuous operation.
b) Where it is stated in the quotation that Speedy Pest Control Ltd will provide means of access to the work no liability will be accepted by Speedy Pest Control Ltd for any damage done to roofs, glass or external cladding during the course of erecting, using or dismantling such means of access and the customer shall indemnify Speedy Pest Control Ltd against claims by third parties in respect of such damage.
c) Where the access has been provided by the customer any scaffolding, platform or cable which encroaches in or is to be suspended over a highway, the customer shall obtain and produce to Speedy Pest Control Ltd the requisite consent of the Highway Authorities before Speedy Pest Control Ltd commence work.
d) Speedy Pest Control Ltd must be allowed free of charge access within the building when required for executing the works. Neither the customer nor any of the customer’s contractors or others employed by the customer may make use of Speedy Pest Control Ltd equipment or equipment under its control without Speedy Pest Control Ltd’s prior written consent. Any consent given for the use of Speedy Pest Control Ltd’s equipment may be subject to a charge. Where a Speedy Pest Control Ltd sub-contractor provides scaffolding, cradles or other access equipment such sub-contractors decision as to the method of installation and safe operation of their equipment shall be final.
12. Value Added Tax
Unless stated otherwise, prices and rates shown in Speedy Pest Control Ltd’s literature, correspondence, quotations, contracts, invoices and certificates are exclusive of Value Added Tax. Value Added Tax will be payable to Speedy Pest Control Ltd as an addition to such executed price and rates at the rate or rates prevailing from time to time and EL shall be entitled to adjust the rate and value added tax retrospectively or otherwise to comply with any rulings made by H.M. Customs and Excise affecting any goods or services sold, hired or provided by Speedy Pest Control Ltd.
13. Site Facilities
The customer will provide without charge to Speedy Pest Control Ltd all facilities required for Speedy Pest Control Ltd’s employees under the Construction (Health & Welfare) Regulation 1966 as amended or any statutory modification or replacement thereof for the time being in force.
14. Customer’s Conditions
Commencement of the work shall operate as acceptance by the customer of these conditions which shall apply to the exclusion of all other terms and conditions whatsoever. No variation of or addition to these conditions shall be effective whether or not specified in any order or acceptance issued by the customer unless Speedy Pest Control Ltd agrees to it in writing. Speedy Pest Control Ltd will be entitled to vary or alter the quotation in the event of the customer issuing any order or acceptance subject to other terms or conditions.
This Agreement shall take effect on the Start Date and shall continue in force, subject to the provisions of condition 14, until terminated by either party giving to the other at least three months notice in writing expiring at the end of the Initial Period or three, six, nine or twelve months after the end thereof or after any subsequent anniversary of the Start Date (as the case may be).
16.1 If the Client
a) shall fail to pay to the Company any sum due under its Agreement within 90 days of the due date; or
b) shall commit a material breach of any provision of this Agreement (other than as to payment) or persistent breaches of any provision of this Agreement; or
c) shall fail to notify the Company of any change which the Company reasonably deems to be of a material nature in relation to the Premises or its business; or
d) being a company, shall have a petition presented to its winding-up or for the appointment of an Administrator or if a resolution shall be passed for its winding-up or a Receiver or an Administrative Receiver shall be appointed over all or any of its assets or a proposal shall be made for a voluntary arrangement regulating its affairs; or
e) being a partnership, the partnership shall be dissolved or a Receiver appointed over the partnership or over any of its assets; or
f) being an individual, an application shall be made for an interim order in respect of the Client then and in any such event the Company may by notice to the Client at any time thereafter terminate this Agreement forthwith.
16.2 Termination of this Agreement other than in accordance with clause 15 hereof shall not entitle the Client to be refunded any sum previously paid to the Company.
16.3 If the Client shall terminate this Agreement before the end of the Initial Period, being a period of more than twelve months, the Client shall pay to the Company by way of liquidated damages on the date of such termination, a sum equal to 50% of the fees payable in respect of the remainder of the Initial Period at the rate payable on such date together with all other sums due to the Company on or before such date under this Agreement.
16.4 Following termination of this Agreement for whatsoever reason the Company shall be under no further obligation to provide the Service to the Client.
Any termination of this Agreement shall not prejudice any rights of the parties which shall have accrued prior thereto.