TERMS AND CONDITIONS
Application and entire agreement
• These
Terms and Conditions apply to the provision of the services detailed in our
quotation (Services)
by Cm Property maintenance whose registered office is
at scorer street, lincoln, ln57sx (we or us or Service
Provider) to the person buying the services (you or Customer).
• You are
deemed to have accepted these Terms and Conditions when you accept our
quotation or from the date of any performance of the Services (whichever
happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement
between us.
• You
acknowledge that you have not relied on any statement, promise or
representation made or given by or on our behalf. These Conditions apply to the
Contract to the exclusion of any other terms that you try to impose or
incorporate, or which are implied by trade, custom, practice or course of
dealing.
Interpretation
• A
"business day" means any day other than a Saturday, Sunday or bank
holiday in England and Wales.
• The
headings in these Terms and Conditions are for convenience only and do not
affect their interpretation.
• Words
imparting the singular number shall include the plural and vice-versa.
Services
• We
warrant that we will use reasonable care and skill in our performance of the
Services which will comply with the quotation, including any specification in
all material respects. We can make any changes to the Services which are
necessary to comply with any applicable law or safety requirement, and we will
notify you if this is necessary.
• We will
use our reasonable endeavours to complete the performance of the Services
within the time agreed or as set out in the quotation; however, time shall not
be of the essence in the performance of our obligations.
• All of
these Terms and Conditions apply to the supply of any goods as well as Services
unless we specify otherwise.
Your obligations
• You must
obtain any permissions, consents, licences or otherwise that we need and must
give us with access to any and all relevant information, materials, properties
and any other matters which we need to provide the Services.
• If you
do not comply with clause 10, we can terminate the Services.
• We are
not liable for any delay or failure to provide the Services if this is caused
by your failure to comply with the provisions of this section (Your obligations).
Fees and Deposit
• The fees
(Fees) for the Services are set out
in the quotation and are on a time and materials basis.
• In
addition to the Fees, we can recover from you a) reasonable incidental expenses
including, but not limited to, travelling expenses, hotel costs, subsistence
and any associated expenses, b) the cost of services provided by third parties
and required by us for the performance of the Services, and c) the cost of any
materials required for the provision of the Services.
• You must
pay us for any additional services provided by us that are not specified in the
quotation in accordance with our then current,
applicable daily rate in effect at the time of
performance or such other rate as may be agreed between us. The provisions of
clause 14 also apply to these additional services.
• The Fees
are exclusive of any applicable VAT and other taxes or
levies which are imposed or charged by any competent authority.
• You must
pay a deposit ("Deposit") as detailed in the quotation at
the time of accepting the quotation.
• If you
do not pay the Deposit to us according to the clause above, we can either
withhold provision of the Services until the Deposit is received or can
terminate under the clause below (Termination).
• The
Deposit is non-refundable unless we fail to provide the Services and are at
fault for such failure (where the failure is not our fault, no refund will be
made).
Cancellation and amendment
• We can
withdraw, cancel or amend a quotation if it has not been accepted by you, or if
the Services have not started, within a period
of 14 days from the date of the quotation,
(unless the quotation has been withdrawn).
• Either
we or you can cancel an order for any reason prior to your acceptance (or
rejection) of the quotation.
• If you
want to amend any details of the Services you must tell us in writing as soon
as possible. We will use reasonable endeavours to make any required changes and
additional costs will be included in the Fees and invoiced to you.
• If, due
to circumstances beyond our control, including those set out in the clause
below (Circumstances beyond a party's
control), we have to make any change in the Services or how they are
provided, we will notify you immediately. We will use reasonable endeavours to
keep any such changes to a minimum.
Payment
• We will
invoice you for payment of the Fees either:
• when we
have completed the Services; or
• on the
invoice dates set out in the quotation.
• You must
pay the Fees due within 1 day of the date of our
invoice or otherwise in accordance with any credit terms agreed between us.
• Time for
payment shall be of the essence of the Contract.
• Without
limiting any other right or remedy we have for statutory interest, if you do
not pay within the period set out above, we will charge you interest at the
rate of 3,652.42198781% per annum (10% per day) above the base lending
rate of the Bank of England from time to time on the amount outstanding until
payment is received in full.
• All
payments due under these Terms and Conditions must be made in full without any
deduction or withholding except as required by law and neither of us can assert
any credit, set-off or counterclaim against the other in order to justify
withholding payment of any such amount in whole or in part.
• If you
do not pay within the period set out above, we can suspend any further
provision of the Services and cancel any future services which have been
ordered by, or otherwise arranged with, you.
• Receipts
for payment will be issued by us only at your request and after payment has
been made infull.
• All
payments must be made in British Pounds unless otherwise agreed
in writing between us.
Sub-Contracting and assignment
• We can
at any time assign, transfer, charge, subcontract or deal in any other manner
with all or any of our rights under these Terms and Conditions and can
subcontract or delegate in any manner any or all of our obligations to any
third party.
• You must
not, without our prior written consent, assign, transfer, charge, subcontract
or deal in any other manner with all or any of your rights or obligations under
these Terms and Conditions.
Termination
• We can
terminate the provision of the Services immediately if you:
• commit a
material breach of your obligations under these Terms and Conditions; or
• fail to
make pay any amount due under the Contract on the due date for payment; or
• are or
become or, in our reasonable opinion, are about to become, the subject of a
bankruptcy order or take advantage of any other statutory provision for the
relief of insolvent debtor; or
• enter
into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or
any other scheme or arrangement is made with its creditors; or
• convene
any meeting of your creditors, enter into voluntary or compulsory liquidation,
have a receiver, manager, administrator or administrative receiver appointed in
respect of your assets or undertakings or any part of them, any documents are
filed with the court for the appointment of an administrator in respect of you,
notice of intention to appoint an administrator is given by you or any of your
directors or by a qualifying floating charge holder (as defined in para.
14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or
petition presented to any court for your winding up or for the granting of an
administration order in respect of you, or any proceedings are commenced
relating to your insolvency or possible insolvency.
Title retention
• Each
item delivered by us and each subassembly remains our property until the
purchase price has been paid in full. The contractual partner must comply with
the required formalities to ensure title retention and adhere to all required
publicity, registration and other formal requirements; in doing so, the
contractual partner must indemnify and hold the seller blameless for any
possible losses that are the result of any omissions in this regard. If title
retention becomes invalid due to selling the item on to a third party or
installing it in a building, when the contractual partner grants an order, they
transfer all claims that arise towards third parties due to this resale or
installation to us.
Liability and indesmnity
• Our
liability under these Terms and Conditions, and in breach of statutory duty,
and in tort or misrepresentation or otherwise, shall be limited as set out in
this section.
• The
total amount of our liability is limited to the total amount of Fees payable by
you under the Contract.
• We are
not liable (whether caused by our employees, agents or otherwise) in connection
with our provision of the Services or the performance of any of our other
obligations under these Terms and Conditions or the quotation for:
• any
indirect, special or consequential loss, damage, costs, or expenses or;
• any loss
of profits; loss of anticipated profits; loss of business; loss of data; loss
of reputation or goodwill; business interruption; or, other third party claims;
or
• any
failure to perform any of our obligations if such delay or failure is due to
any cause beyond our reasonable control; or
• any
losses caused directly or indirectly by any failure or your breach in relation
to your obligations; or
• any
losses arising directly or indirectly from the choice of Services and how they
will meet your requirements or your use of the Services or any goods supplied
in connection with the Services.
• You must
indemnify us against all damages, costs, claims and expenses suffered by us
arising from any loss or damage to any equipment (including that belonging to
third parties) caused by you or your agents or employees.
• Nothing
in these Terms and Conditions shall limit or exclude our liability for death or
personal injury caused by our negligence, or for any fraudulent
misrepresentation, or for any other matters for which it would be unlawful to
exclude or limit liability.
Data Protection
• When
supplying the Services to the Customer, the Service Provider may gain access to
and/or acquire the ability to transfer, store or process personal data of
employees of the Customer.
• The
parties agree that where such processing of personal data takes place, the
Customer shall be the 'data controller' and the Service Provider shall be the
'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended
and/or re-enacted from time to time.
• For the
avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data
Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
• The
Service Provider shall only Process Personal Data to the extent reasonably
required to enable it to supply the Services as mentioned in these terms and
conditions or as requested by and agreed with the Customer, shall not retain
any Personal Data longer than necessary for the Processing and refrain from
Processing any Personal Data for its own or for any third party's purposes.
• The
Service Provider shall not disclose Personal Data to any third parties other
than employees, directors, agents, sub-contractors or advisors on a strict
'need-to-know' basis and only under the same (or more extensive) conditions as
set out in these terms and conditions or to the extent required by applicable
legislation and/or regulations.
• The
Service Provider shall implement and maintain technical and organisational
security measures as are required to protect Personal Data Processed by the
Service Provider on behalf of the Customer.
• Further
information about the Service Provider's approach to data protection are
specified in its Data Protection Policy, which can be found The policy can
be found by request. For any enquiries or complaints regarding data privacy,
you can email: [email protected]
Circumstances beyond a party's control
• Neither
of us is liable for any failure or delay in performing our 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: 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. If the delay continues for a
period of 90 days, either of us may terminate or cancel the Services to be
carried out under these Terms and Conditions.
Communications
• All
notices under these Terms and Conditions must be in writing and signed by, or
on behalf of, the party giving notice (or a duly authorised officer of that
party).
• Notices
shall be deemed to have been duly given:
• when
delivered, if delivered by courier or other messenger (including registered
mail) during the normal business hours of the recipient;
• when
sent, if transmitted by fax or email and a successful transmission report or
return receipt is generated;
• on the
fifth business day following mailing, if mailed by national ordinary mail; or
• on the
tenth business day following mailing, if mailed by airmail.
• All
notices under these Terms and Conditions must be addressed to the most recent
address, email address or fax number notified to the other party.
No waiver
• No
delay, act or omission by a party in exercising any right or remedy will be
deemed a waiver of that, or any other, right or remedy nor stop further
exercise of any other right, or remedy.
Severance
• If one
or more of these Terms and Conditions is found to be unlawful, invalid or
otherwise unenforceable, that / those provisions will be deemed severed from
the remainder of these Terms and Conditions (which will remain valid and
enforceable).
Law and jurisdiction
• This
Agreement shall be governed by and interpreted according to the law
of England and Wales and all disputes arising under the Agreement
(including non-contractual disputes or claims) shall be subject to the
exclusive jurisdiction of the English and Welsh courts.