Conditions of Contract
These are the conditions upon which alone White Lady Cleaning Services (thereafter called the contractor) shall carry out its obligations under any agreement whether written, oral or implied between the contractor and the customer.
1. The customer shall provide free of charge:
a. All necessary lights, hot water and other facilities as distinct from materials which may be required to enable the contractor to carry out the work
b. Suitable and safe accommodation for such equipment and materials as the contractor deems necessary to leave on the customers premises.
2. The customer shall also ensure that its premises are safe for the contractor’s employees, servants and agents to carry out the work, which is the subject of these conditions. The contractor shall be given full access to the customer’s premises to enable the contractor to undertake the work. If the contractor cannot gain access to the customer’s premises due to some act or omission of the customer then such extra costs as incurred by the contractor due to the failure to grant access will be charged to and payable by the customer.
3. The contractor shall not be liable for any loss or damage suffered by the customer or any third party arising out of the contractors failure to carry out work if prevented from so doing as a result of any circumstances beyond the contractors control which without prejudice to the generality of the foregoing shall include any trade dispute or lock out, riots or military action, acts of god, insurrection, acts of governmental or military agency.
4. It shall be assumed that if the contractor receives no written complain its obligations under the agreement are being performed to the satisfaction of the customer. Should any complain be necessary as to the work or the conduct or non-attendance of the staff, it shall be made in writing within twenty four hours of its occurrence and upon receipt of any such complaint the contractor shall take all necessary steps to rectify the matter without expense to the customer. No claim against the contractor in respect of alleged negligence of the contractor, its servants or agents or alleged defect in the contractors plant or machinery or in the respect of any other matter shall be enforceable unless notice in writing thereof is received by the contractor within 48 hours (time is of the essence in the contract) after the happening of the event giving rise to the claim. A claim shall not be made the reason for differing payment of monies payable to the contractor. The customer shall pay to the contractor in cash or as otherwise agreed all sums immediately when due without reduction or deferment because of any claim, counterclaim or set off.
5. The liability of the contractor in respect of any one claim or series of claims brought against the contractor and arising from any one incident involving negligence of itself, its servants or agents, or through any defect in its plant or machinery shall be limited to the sum of two million pounds (£2,000,000,00) provided that the contractor shall have no liability in respect of any one claim unless that liability exceeds two hundred pounds (£200.00) and only then for the excess over £200.00 to the amount of the maximum liability herein before mentioned.
6. The contractor shall not be liable for any loss, damage or injury arising from the breaking or disintegration during cleaning by the contractors servants or agents of any cracked, defective, or broken part of the property fixtures or fittings of the customer.
7. Invoices are rendered monthly and payment is due within thirty days from the date of invoice.
8. The contractor shall have the right to charge interest at the rate of 2.5% per month on any overdue amount.
9. The contractor reserves the right to make good any damage for which it may be liable under this agreement in lieu of making payment in respect thereof.
10. The contractor undertakes to be insured in respect of employers liability to such an extent as in its opinion is adequate.
11. The customer shall not during the period of this agreement or for a period of six months after the termination of this agreement (however terminated) either on there own account or on behalf of or as representative of any other person or company directly solicit or accept the whole or part time services of or entice away any sub-contractor or employee (whether supervisory or cleaning) of the contractor.
12. Any variation in these conditions can be made only by letter from the contractor and signed by or in behalf of the contractor by a director of the contractor.
13. Every dispute which may arise between the contractor and the customer with reference to this agreement or on the construction there of or any matter contained in or arising out of this agreement (save only the customers refusal or failure to pay funds due to the contractor hereunder) shall be referred to the 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.
14. Services on bank or public holidays are excluded from any quotation unless specifically stated otherwise.
15. The contractor shall be entitled to cancel or suspend the agreement without penalty in the event of the customer exceeding the stated credit terms.
16. The customer may terminate the agreement if the work is not satisfactory, provided that in the event, two weeks prior written notice is given for improvement to be effected and if the contractor fails to comply with such notice, the contract will terminate one month thereafter. In all other events eight weeks written notice is required.
17. Any notice hereunder shall bye by letter signed by or in behalf of the party giving such notice, addressed to the other party at its registered office, and posted by registered post or recorded delivery.
18. The prices charged by the contractor will increase automatically with effect from 1st April in each calendar year by no less than the percentage which is equal to the percentage increase in the all items index of retail prices published by the central office of information over the previous year, or by the percentage which is equal to the percentage increase of the minimum hourly wage set by her majesty’s government over the previous year whichever is the greater.
19. The contractor reserves the right to apply to the customer for increased prices in addition to the automatic price increase specified above. The contractor shall give the customer no less than thirty days notice of any special increase. In the event that the contractor advises the customer of a special increase then the customer may terminate the agreement by giving the contractor four weeks notice, such notice to be given within fourteen days of being notified of such an increase and in this instance the special increase shall not apply.
20. This agreement is subject to English and European community law. Any cost increases caused by changes in legislation shall be passed onto the customer immediately.
21. If any legislation is compulsorily applicable to any work undertaken by the contractor these conditions shall, as regards such work, be read as subject to such legislation and nothing in these conditions as a surrender by the contractor of any of its right or immunities or as an increase of any of its responsibilities or liabilities under such legislation or if any part of these conditions be repugnant to such legislation to any extent such part shall as regards such work be overridden to that extent and no further.
22. The contractor shall be entitled to sub-contract any or all of its services as in its sole discretion it shall deem fit.
23. Not withstanding the provision of clauses 4 and 5 above the contractor shall in any event be discharged of all liability whatsoever howsoever arising in respect of any services provided for the customer or which the contractor has undertaken to provide unless such be brought and written notice thereof given to the contractor within nine months from the date of the event or occurrence alleged to give rise to a cause of action against the contractor.
24. Upon termination of this agreement for whatever reason the customer shall deliver up to the contractor, all of the contractors’ equipment stored on the customer’s premises and shall have no lien or attempt to exercise any lien there over.