Amark Support Solutions
Follow us:follow us on facebookfollow us on linked infollow us on twitterfollow us on google plusfollow us on facebook0800 955 0870
0121 707 0550
Download Information
 
DEFINITIONS AND INTERPRETATION

“Company” means Pathway Cleaning Limited t/a Amark Support Services or any holding or subsidiary company, their successors in title or any party to which the Contract may be assigned.

“Client” means the original named client, customer whether as an individual, partnership, company or any other organisation, its holding company or successors in title.

“Conditions” means these terms and conditions of the Company.

“Contract” means the Client’s purchase order and the Company’s acceptance of it, or the Company’s order form or similar document or Company’s quotation for the Services.

“Services” means the services of the Company as may be set out in the Contract and may include without limitation office, industrial and window cleaning.

“VAT” means Value Added Tax.

Headings shall not affect the interpretation of these Conditions. Words in the singular shall include the plural and vice versa.

A reference to writing or written includes faxes and email.

1. GENERAL

1.1 Unless the Company agrees in writing to the contrary, any Services provided by the Company shall be subject to these Conditions that shall be deemed to be included in any Contract either written or implied between the Company and the Client. These Conditions shall prevail over any inconsistent terms or conditions contained or referred to in any Client’s documents, contracts, agreements or terms, purchase order, confirmation of order, acceptance of a quotation or specification, or implied by law, trade custom, practice or course of dealing.

1.2 These Conditions come into force when signed by or on behalf of the Client and by a person authorised by the Company or where the Services have commenced.

1.3 The Client’s purchase order, or the Client’s acceptance of a quotation for the Services constitutes an offer by the Client to purchase the Services as set out in the Contract. No offer placed by the Client shall be accepted by the Company other than by written acknowledgement by a person authorised by the Company or (if earlier) where the Services have commenced. Any quotation is provided by the Company on the basis that no agreement shall come into existence (unless by the methods set out above).

1.4 The agreement between the Company and the Client shall commence on the date set out in the Contract or (if earlier) the date on which the Company commences the Services.

1.5 The agreement between the Company and the Client will last for the period stated in that Contract, or if no such period is stated it shall continue for 1 year (the initial term) and thereafter from year to year, until terminated by either party giving to the other at least three months written notice.

1.6 Any other service requested by the Client in the future may be added by way of a schedule, and will operate under these Conditions.

1.7 The Company will invoice the Client every four weeks, monthly or at an agreed frequency and the invoices will be due for payment 28 days from the date of invoice. The Company reserves the right to charge the Client at the rate of 2½% per month interest on debts that exceed the previously stated credit terms. In the event of invoices remaining unpaid the Company reserves the right to terminate its engagement hereunder forthwith by notice in writing to the Client and to remove equipment and materials from the Client’s premises after advising the Client of its intention to do so. A termination by the Company of its engagement hereunder pursuant to this condition shall be without prejudice to its rights against the Client for failure to pay the Company’s charges. The  Company shall further have the right to claim interest under the Late Payment of Commercial Debts (interest) Act 1998. Time for payment shall be of the essence of these Conditions and/or agreement with the Client.

1.8 The Company shall be entitled to make additional charges where any work to be performed hereunder is made particularly difficult or time consuming as a result of any act outside of the Company’s control. Where weekly/annual charges are stated they are for a 52-week year (365 day year) and have taken into consideration that no service will be carried out during statutory/bank holidays. All bank holidays and additional working days required by the Client are an extra charge.

1.9 The Company may, from time to time and without notice, change the Services in order to comply with applicable safety or statutory requirements. If the Company requests a change to the scope of the Services for any other reason, the Client shall not unreasonably withhold or delay consent. The price for the Services is based on the assumption that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) apply. In the event that the TUPE information is found to be unavailable or incorrect the Company reserves the right to re-negotiate the terms of these Conditions and/or the Contract or agreement between the Company and the Client to cover any additional cost that may be forced upon the Company. If such re-negotiation proved unacceptable then the Company reserves the right to terminate the agreement between the Company and the Client by giving not less than one months notice.

1.10 In the event of increases after the date of the quotation in payroll costs and the other relevant costs, whether by reason of legislation or otherwise, the Company shall have the right to adjust its charges appropriately during the period of the Contract.

1.11 The Company may, without prejudice to any other rights it may have, set off any liability of the Client to the Company against any liability of the Company to the Client.

1.12 It is a condition of the agreement between the Company and the Client that the Client hereby undertakes that it shall not for the duration of the agreement between the Company and the Client, or for the period of three months after the termination thereof, howsoever terminated, offer to employ or engage any person or persons employed by the Company in a capacity similar to their employment with the Company unless it is as a result of the operation of TUPE. In such circumstances the Client will be charged an introductory fee calculated as a percentage which shall be 18% (eighteen percent) of the employee’s wages for a period of 12 (twelve) months which will cover the Company for the replacement and recruitment costs incurred.

1.13 The Contract or any agreement between the Company and the Client shall not be capable of assignment by the Client.

1.14 The Company shall not be liable for any loss or damage suffered by the Client or any other party arising out of the Company’s failure to carry out work if prevented from doing so as a result of any trade dispute, strike, lock out or circumstances beyond the Company’s control. This shall include any period where the Client has extended the closure of its premises in excess of any statutory holidays (for example over Christmas). All equipment remains the property of the Company at all times.

1.15 The Company shall not be liable for any loss, damage or injury arising from the breaking or disintegration during cleaning by the Company’s servants or agents of any cracked, defective parts of the property, fixtures or fittings of the Client.

1.16 The Client shall provide free of charge all necessary light, hot water and other facilities which may be required to enable the Company to carry out the work. The Client shall provide free of charge suitable and safe accommodation for such equipment and materials as the Company deems necessary to leave on the Client’s premises. The Client shall ensure that its premises comply with the all legal requirement relating to health and safety at work and are safe for the Company’s employees, servants and agents to carry out the work which is the subject of these conditions.

1.17 The Client shall have the power to require the Company, subject to compliance with any statutory legislation, to immediately replace any person who is engaged in the provision of services under the Contract who is in the reasonable opinion of the Client undesirable. Such requirement to be made in writing to the Company.

1.18 Notwithstanding the waiver of any previous breach, the Company reserves the right to terminate the agreement between the Company and the Client without notice and to retake possession of any equipment if any one of the following events should occur: -

    non payment by the Client of any charges or compensation payable and owing
    the appointment of a Receiver/Manager to the Client
    composition or arrangements with the Client’s creditors
    liquidation or bankruptcy of the Client
    breach of any other terms of the agreement.

1.19 The Company is providing a service on the basis that the Client will not be entitled to deduct from or set off against any monies due to or become due from the Client in respect of any one contract of service any sum or sums whatsoever which the Company are or may become liable to pay to the Client. It is the obligation of the Client to afford access to the Company and its employees or agents wherever and whenever access is needed for the Company to be able to fulfill its duties under the agreement with the Company and the Client. The Client may, if it so wishes, offer keys to such premises, burglar alarm codes and other things necessary to enable the Company to have access at times when the Client is not present at the premises. The Company and its employees or agents will only accept such keys, information and other things, strictly on condition that it will not be liable to the Client for any losses, costs, claims, demands, liabilities, howsoever arising caused by any loss of such keys, divulging of information or loss of other things offered to afford access. The offering of such keys, information or other things by the Client shall be deemed to be acceptance of this clause by the Client.

1.20 These Conditions which are incorporated into the Contract and any agreement between the Company and the Client supersede all previous agreements and constitutes the entire agreement between the Client and the Company and no representation or statement not contained herein shall be binding on the Company. No alteration, waiver or modification of these Conditions shall be valid unless approved by an authorised officer of the Company.

2. INSURANCE

2.1 The Company undertakes to be fully insured in respect of Employer’s and Public Liability. Subject to Section Two of the Unfair Contract Terms Act 1977, the Company shall not be liable for any loss or damage to property or personnel. Where applicable the above shall not affect the statutory rights of the Client.

2.2 The Company shall not be responsible for the following consequential losses including without limitation:

    loss of business;
    loss of profit;
    loss of goodwill;
    loss of contract;
    loss of use;
    loss of anticipated savings;
    loss or corruption of data or information;
    indirect losses;
    or for any other consequential loss or pure economic loss, costs, damages, charges or expenses however arising including delay in or failure to provide maintenance or for any other reason.
    All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions and agreement between the Company and the Client.

2.3 Nothing in these Conditions limits or excludes the liability of the Company:

    for death or personal injury; or
    for any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by the Company.

2.4 It is the responsibility of the Client to insure the Company’s stock and equipment against fire and theft or any other loss or damage whilst on their premises for the duration of the agreement between the Company and the Client.

 

3. EQUIPMENT

3.1 The Company, its employees or agents, shall with 24 hours prior notice, have access at reasonable times to the equipment and accompanying materials to examine and take stock. Equipment provided by the Company will at all times remain the property of the Company who will replace or renew the equipment as the Company deems necessary.

3.2 The Client accepts sole liability for any loss, damage or injury caused by materials, plant or equipment supplied by the Client/ his servants.

3.3 The Client shall not, without the written consent of the Company:

    make any alterations to the equipment and any improvement or alteration so made shall belong to and remain the property of the Company without cost;
    enter into any contract or agreement for the sub letting of the equipment;
    allow the equipment to be used by other than the Company’s employees;
    remove the equipment from the Client’s address designated in this agreement.

3.4 In so far as these Conditions relate to more than one item of equipment it shall be a separate and severable agreement in respect of each such item of equipment.

3.5 The Client shall indemnify and hold the Company harmless against any and all claims costs and expenses whatsoever in any manner arising from the Client’s use or possession of the equipment and against all loss damage and expense whatsoever arising from any action suit or proceedings or otherwise on account of any personal injury or death or damage to property occasioned by the equipment during the continuance of these Conditions or as a result of any infringement or alleged infringement of any patent or copyright occasioned by the operation or disposition of the equipment.

4. COMPLAINTS

4.1 The Company undertakes to carry out the Services as agreed. Should any complaint be reported it should be confirmed in writing within 24 hours. Upon receipt of such a complaint the Company will take all steps it reasonably considers necessary to rectify the matter.

4.2 Any invoice queries will only be accepted if received within 28 days of the invoice date. Whilst every effort is made by the Company to maintain high standards of integrity and reliability among its contract staff and to provide contract staff in accordance with these Conditions, by reason of the human element involved, no liability can be accepted by the Company for any loss, expense, damage or delay arising from a failure to provide staff in its entirety or part.

4.3 Whilst every effort will be made to cover for non-attendance, nonetheless non-attendance is a fact and therefore the performance level is set at a percentage (97.5%). Credit will only be considered at the sole discretion of the Company where the attendance level falls below this figure over a period of three months.

 

 

5. CANCELLATION

5.1 Should the Client terminate the agreement for the Services at any time before the expiration of the agreed period for any reason whatsoever the Client will:

    become liable for all subcontracted services including any payment required from the Company in respect of such subcontracted services;
    return all articles belonging to the Company;
    pay to the Company all outstanding charges and any compensation then due and owing;
    pay compensation to the Company calculated at 30% of the total revenue that the Company would expect to receive under the agreement for Services between the date of termination and the date of expiration, such revenue to be based on the figures stipulated in the Contract.
    pay all legal costs and interest in connection with the recovery of sums due under the agreement for Services;
    pay the residual value of any special equipment used under the agreement for Services. Any items not returned will be charged for at the current market price;
    pay any costs relating to the severance of employment of the Company’s staff working under the agreement for Services.

5.2 If any provision contained in these Conditions or Contract or agreement between the Company and the Client is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, that part shall be deemed removed and the other provisions shall remain in force.

5.3 If any invalid, unenforceable or illegal provision would be valid, forceable or legal if some part of it were deleted, that provision will apply whatever modification is necessary to make it valid, enforceable and legal. Nothing in these Conditions, Contract or agreement between the Company and the Client is intended to, or shall operate to, create a partnership between the parties.

5.4 The agreement between the Company and the Client is made for the benefit of those parties and nothing in the Contract or these Conditions shall confer on any third party any benefit or the right to enforce any terms of the Contract, the agreement between the Company and the Client or these Conditions. Notice shall be in writing, sent for the attention of the person, and to the address or fax number or email address set out in the Contract and shall be delivered personally, sent by fax emailed or pre-paid first class post. A notice is deemed to have been received, if delivered personally, at time of delivery, in the case of a fax, at the time of transmission, in the case of an email 24 hours after it reaches the intended recipients in-box, in the case of first class pre-paid post, 48 hours from date of posting. To prove service, it is sufficient to prove that the notice was faxed to the fax number of the receiving party or that the envelope containing the notice was properly addressed and posted. Please note that email shall not be deemed an appropriate method of notice for termination of the Contract or an agreement.

5.5 These Conditions shall be governed by and construed in accordance with the laws of England the courts of which shall have exclusive jurisdiction.

 

Correspondce Details:

The Director
Pathway Cleaning Limited
Fairgate House
205 Kings Road
Tyseley
Birmingham
B11 2AA

Tel: 0121 708 0021
Fax: 08444 127 362
http://www.pathwaycleaning.co.uk

Request Further Infomation
Enter the digits in the box below:
verification image, type it in the box