TERMS & CONDITIONS OF CONTRACT IN OFFICE & WINDOW CLEANING
1. The Agreement shall continue for the period stated herein or if no such period is stated it shall continue for a period of one year from the date of commencement and shall continue until determined by not less than three months notice in writing given by either party to the other party such notice to expire not earlier than three months after the end of the first year.
2 The price of all contracts is based on the rates of wages and costs of materials Employer’s National Insurance contributions and other out goings and
overheads of the Contractor at the date of the Agreement or quotation whichever is earlier. In the event of increase after the said date in wages and the other costs referred to above for whatever reason, the Contractor shall have the right to adjust approximately during the period of the Agreement by notice served on the customer such adjustment to be effective from the date of such notice, for Office Cleaning London.
3. In the in event of the customer moving premises other than to those specified in the Agreement or quotation before expiration of the Agreement the
customer shall request the Contractor at least two weeks prior to any such move to give a new quotation for the provision of its service at the new premises and if appropriate the Contractor will make allowance in such quotation in respect of charges due for any unexpired period remaining under the Agreement.
4. The Contractor’s charges will be invoiced at such intervals as are agreed between the Contractor and the customer and failing any such agreement will be
invoiced monthly and invoices shall be paid 14 days nett upon receipt. In the event of invoices remaining unpaid for a period of twenty eight days the Contractor reserves the right to terminate the Agreement forthwith and to remove equipment and materials from the customer’s premises after advising the customer if its intention so to do. A termination of the Agreement by the Contractor pursuant to this condition shall be without prejudice to its rights against the customer under the Agreement and these conditions.
5. The Customer shall provide free of charge for Office Cleaning London :
(i) An adequate and safe power supply and all necessary light, hot water, and other facilities as distinct
from the materials which may be required to enable the Contractor to carry out the work.
(ii) suitable and safe accommodation for such equipment and materials as the contractor deems necessary to leave on the customer’s premises.
6. The customer undertakes (without prejudice to its duties under “the relevant statutory provisions” as defined by the Health & Safety at Work Act, 1974 and the Management of Health & Safety at Work Regulations, 1992 which definition shall have the same meaning in these conditions) as follows:-
(a) to ensure that its premises are safe for the Contractor’s employee to carry out the work, and in particular without prejudice to the generality of the foregoing
(i) to ensure that emergency exits are not locked or that a key to any lockable emergency exits will at all times be available to the Contractor’s employees while on the
customer’s premises and (ii) to make available to the Contractor’s employees a first aid box complying with the relevant statutory provision provided that the cost of any of its contents used by the Contractor’s employees will on request be reimbursed by the Contractor and (iii)to ensure that all a access and/or safety equipment is regularly inspected in accordance with any requirements either of the manufacturers or of the relevant statutory provision and on request to produce as evidence of such inspection such test or load certificate as the Contractor may reasonably require for Office Cleaning London
(b)not to do or permit to be done anything to prevent the Contractor from due performance if its obligations under the relevant statutory provisions.
(c)to notify the Contractor forthwith of any complaint made against the customer under the relevant statutory provision .
(d)to indemnify the Contractor against any claim, loss or damage arising from the customer’s breach of any provision of this clause or the relevant statutory provision.
7. The Contractor shall not be liable for any loss or damage suffered by the customer or any part arising out of the Contractor’s failure to carry out the
work if prevented from so doing as a result of any circumstances beyond the Contractor’s control which without prejudice to the generality of the foregoing shall include any trade dispute strike or lock out.
8. (a) it shall be assumed that if no written complaint is received by the Contractor its obligations under the Agreement are being performed to the satisfaction of
the customer. Should any complaint be necessary, either as to the quality of the work or the conduct or non-attendance of the Contractor’s employees or as to breakage of any article on the customer’s premises caused by such employees, such complaint must be made in writing and received by the Contractor within three working days after its occurrence and upon receipt, the Contractor will take all necessary steps to investigate and rectify the complaint without expense to the customer.
(b) No claim against the Contractor in respect of alleged negligence of the Contractor or its employees or any alleged defect in the Contractors plant or
machinery or in respect of any other matter shall be enforceable unless in writing thereof is received by the Contractor within three working days (time being the essence of the contract) after the happening of the event giving rise to the claim. A claim shall not be made the reason for deferring payment of any monies payable to the Contractor.
9. Any notice or complaint by the customer shall be given or made by letter to a Director of the Contractor and delivered by hand or posted recorded delivery
post to 28 Charing Cross Road, London WC2H 0DB.Any notice by the Contractor shall be given by letter addressed to the customer at it’s Registered or Head Office and delivered by hand or posted as aforesaid. Any such notice or complaint shall be ineffective unless received by the addressee for Office Cleaning London.
10. The liability of the Contractor (other than death or personal injury) in respect of any one claim or series of claims brought against the Contractor and arising
from any one incident involving the negligence of the Contractor or it’s employees, or through any defect in its plant or machinery, shall be limited to the sum of £10,000,000.
11. The Contractor shall not be liable to any loss, damage or injury arising from the breaking or disintegration during cleaning by the Contractor’s employees of
any cracked, defective or broken part of the property fixtures or fittings of the customer for Office Cleaning London.
12. The Contractor reserves the right to make good any damage for which it may be liable under the Agreement in lieu of making payment in respect thereof for Office Cleaning London.
13. The Contractor undertakes to be insured in respect of Employers Liability & Public Liability to £10,000.000.
14. The customer shall not during the period of the Agreement or of the period in respect of cleaning staff of three months and respect of supervisory staff of twelve
months after termination of the Agreement (howsoever terminated) either on its own or on behalf of or as representing any other person, form or company, solicit or
accept the whole or part time services of or entice away any such staff of the Contractor.
15. Any variation in these conditions can be made only by letter from 28 Charing Cross Road, London WC2H 0DB signed by a Director.
16. Any dispute which may arise between the Contractor and the customer with reference to the Agreement or the construction thereof or any matter contained in or
arising out of the Agreement (save only the customer’s refusal or failure to pay sums due to the Contractor hereunder) shall be referred to two arbitrators to be appointed by
the parties hereto or their umpire in accordance with the Arbitration Act 1950 or any substituted or amended Act for the time being in force.
Ref: Terms & Conditions of Contract for Office & Window Cleaning London