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Humidity Response General Terms and Conditions for the Provision of Damage Restoration Services in Business to Business Contracts (“Terms”)
1. General Provisions
These Terms constitute our terms and conditions for the provision of our Services. These Terms together with the Estimate and Estimate /Survey Report form the Agreement between you and us. The Estimate/ Survey Report will be valid for 30 days of the date of the Estimate /Survey Report after it will lapse and a further Estimate / Survey Report will need to be prepared. Time will be of the essence in this regard. You agree to be bound by the Terms once you have signed and returned the Estimate. We intend for both parties to rely solely upon the written terms of the Agreement in the event of a dispute. If you require any changes, please make sure these are put in writing before you instruct us to commence the Services. The headings in the Terms are for convenience only and will not affect the interpretation of the Terms. In the event of a discrepancy between these Terms, the Estimate and the Estimate/ Survey Report, these Terms will prevail. You accept that these Terms shall prevail over any terms and conditions contained, or referred to, in your purchase order, confirmation of order, acceptance of a quotation, or any other document supplied by you, or implied by trade, custom, practice or course of dealing.
2. Our Obligations
The entire Services to be provided by us are as specified in the Estimate /Survey Report. We will provide the Services exercising reasonable care and skill. If for any reason our quotation for the Services in the Estimate / Survey Report needs to be changed at a later date, we will explain why and amend it. You will be asked to accept any amended quotation before we provide the Services. If it is not possible for any part of the Services to be provided, we will notify you of this as soon as possible and our quotation will be adjusted accordingly. Where necessary we will install a temporary power supply for provision of the Services. During the provision of the Services, if we uncover any additional defect not provided for in our Estimate/ Survey Report, this will be brought to your attention and any cost associated with extra work required will be agreed with you beforehand. If we are unable to undertake the extra work, we will advise you in order that you may consider separate instruction of a suitable specialist. Where necessary, we will provide Offsite Assistance during the course of providing the Services. Any items requiring Offsite Assistance will be recorded on an itinerary which will require signature by you, giving us the authority to provide the Offsite Assistance.
3. Services we cannot provide
Unless otherwise stated and quoted for in the Estimate/ Survey Report the Services we provide do not include the following: – decoration of the Location following completion of the Services; re-plastering, re-flooring, replacement of ceilings and any other reconstruction work if the removal of these are necessary for provision of the Services; removal of any dangerous / hazardous waste materials which cannot be removed in compliance with The Control of Substances Hazardous to Health Regulations 2002 (COSHH), Control of Asbestos at Work Regulations 2002 or require a special licence or specific health and safety precautions such as (but not limited to) mould removal; supervision of equipment installed for any period during the provision of the Services which is outside our Working Hours; and reinstatement of any supplies and services disrupted prior to the provision of our Services.
4. Your Obligations
You will be responsible, at your expense, for the following: – providing us with all information and documentation reasonably required by us in the provision of the Services; complying with our reasonable instructions to enable us to provide the Services; ensuring that you have a right to grant us Access and granting us a right of Access; ensuring that you have a right to use the Supplies, and granting us a right to use the Supplies; granting us permission to install a temporary power supply where the damage to the Location had disrupted the Location’s existing power supply; identifying items of a value in excess of £5,000.00 (five thousand pounds) prior to restoration in order that we may decide whether the item can be restored by us; ensuring you have a right to request and authorise Offsite Assistance where necessary; granting us the right to use the Welfare Facilities; ensuring that any equipment installed by us is not tampered with or removed from the Location following installation; ensuring that, if required by us, any livestock is removed from the Location prior to provision of the Services and that the Location is vacated, if we advise you that this will be necessary for the provision of the Services; accounting to us for our reasonable costs incurred as a result of delays pursuant to clause 8; and repair, reconstruction and re-decoration of the Location following our provision of the Services unless otherwise agreed in the Estimate/ Survey Report.
5. Price and Payment
We will provide you with a price for the cost of the Services in the Estimate/ Survey Report. You will be required to pay all invoices issued by us under the Agreement in full within 30 days of their dates free of any deduction, set off or counterclaim. You will be directly liable for settlement of our invoices regardless of any 3rd party or insurer involvement or outstanding insurance claim. In the event of late payment, we reserve the right to charge interest at the rate of 4% above Barclays Bank base rate. In the event that we have to instruct third parties including but not limited to debt collection agents or solicitors for the purposes of obtaining payment of an invoice from you, you will reimburse us with the costs we incur for such third party services.
6. Data Protection
Each party warrants to the other that it will not use any information provided to it by the other under the Agreement for any purpose other than in the performance of the obligations under the Agreement and that, to the extent that any such information relates to an identified or identifiable natural person, it will at all times comply with the relevant requirements of the Data Protection Act 1998.
7. Reports and Certificates
Save for the Estimate/ Survey Report all other reports will only be valid at the time they are completed. If the Services provided include leak detection, leak protection or building air pressure testing, we do not undertake to find every leak. On completion of water damage restoration services, we will provide you with a certificate of drying. Progress reports will be supplied upon your reasonable request from time to time.
8. Liability
Nothing in this Agreement excludes our liability for death or personal injury. We may provide you with an estimate of time it will take us to provide the Services. We will do all that we reasonably can to comply with the times quoted but we cannot be held responsible for the consequences of delays beyond our reasonable control and in such cases, we will complete the Services as soon as reasonably possible. For the avoidance of any doubt time will not be of the essence in this regard. In the event that you or any third party who is not a sub-contractor or agent of ours, omits or commits any act which prevents or delays our undertaking or completion of our obligations:- we will have no liability in respect of any delay; and will notify you of any additional cost incurred or arising as a result of such delay. We will not be liable for any delays or the costs associated with any delays in the provision of the Services caused by the absence of a power supply and a temporary supply being installed. Neither party shall be liable to the other for any indirect or consequential loss of any nature and howsoever caused. Our liability under the Agreement, whether in respect of breach of contract, negligence, breach of statutory duty or otherwise, shall not exceed the price payable by you as specified in the Estimate/ Survey Report. We will not be liable for any damage caused by pre-existing defects. We will not be liable for any damage to the Location as a result of moving goods under your express instructions. We will not be liable for the acts of any third party you engage or contract with for the provision of any services based on a recommendation made by us. You will be liable to compensate us for any additional expense incurred by us as a result of your failure to comply with your obligations as detailed in clause 4.
9. Cancellation
In the event that you decide to cancel the Agreement for the provision of our Services, we require 48 hours notice of such cancellation. This will enable us to source alternative work to be undertaken in the time we have allocated for the provision of services to you. In the event that you cancel the Agreement for the provision of our Services less than 48 hours prior to the agreed commencement, you will be responsible for 50% of the price for the provision of the Services to cover the losses we will incur as a result of your cancellation. In the event that we are able to book an alternative job with another customer during the time allocated in respect of our Agreement with you, following receipt of your cancellation notice, no charge will be made in respect of the cancellation.
10. Assignment and Sub-Contracting.
You will not assign your rights or obligations under the Agreement without our prior written consent. We may at any time during the provision of these Services assign or sub-contract any of our rights or obligations under the Agreement.
11. Force Majeure
Neither party shall be liable for any delay or default in performing any of its obligations if the delay results from an event outside its reasonable control including any industrial dispute, act of God, fire, flood, earthquake, severe weather conditions, war or other hostilities, act of terrorism, action of governments and governmental agencies, riots or other civil commotions. Such delay or default shall not constitute a breach of the Agreement. If either party is prevented from performing its obligations under the Agreement in the circumstances referred to in this clause 11, it shall immediately notify the other party of the circumstances in question. If the circumstances in question last for more than 30 days, either party will have the right to terminate the Agreement by providing written notice to the other party.
12. Termination
Either party shall be entitled to terminate the Agreement immediately on notice to the other (but without prejudice to any rights or obligations of either party that may have accrued up to the date of termination), in any of the following circumstances:- if the other party is in breach of its obligations under the Agreement and (in the case of a breach which is capable of remedy) fails to remedy the breach within 14 days of a notice served on it by the party which is not in breach, identifying and describing the breach in question and requiring it to be remedied; or if the other party ceases to carry on its business or commits an act of bankruptcy or passes any resolution or suffers any appointment relating to or ordered to be made against it for winding up or administration or other insolvency procedure, or if a receiver is appointed over any of its assets or if the other party enters into any arrangement or composition with its creditors.
13. Intellectual Property Rights
You accept that specialist equipment and techniques used by us in the provision of the Services is expressly owned by us along with the Intellectual Property Rights in their construction and make-up. You agree that you will not engage in any activity which may constitute a breach of our Intellectual Property Rights and will notify us of, and co-operate with us for the purposes of enforcing any threatened or actual infringement of our Intellectual Property Rights.
14. Miscellaneous Provisions
Any notices given by either party shall be in writing and delivered personally, by first class post or facsimile transmission. Notices shall be deemed to have been received on the day of delivery if delivered by hand or facsimile provided that facsimile transmissions are confirmed within 24 hours by confirmatory copy sent by first class post and 48 hours after posting if sent by first class post. Notices by email shall not be valid. If any part of these Terms is or becomes unenforceable or invalid in law, it shall be deleted from the Agreement and the remainder of the Agreement shall remain valid and enforceable. If the Agreement cannot continue without such part, we will replace it with its nearest equivalent valid part. If either party breaches the Agreement, and the other party continues to perform their obligations, this will not constitute a waiver of such party’s rights in respect of the breach and neither will such party be deemed to have accepted the breach. Until we have received full payment for the Services, ownership of any parts or materials used in the provision of the Services will remain our property. The Agreement does not and is not intended to give any rights, or any rights to enforce any of its provisions, to any person who is not a party to it. The Agreement shall be governed and interpreted in accordance with English law and any dispute between the parties relating to the Agreement shall be determined by the jurisdiction of the English courts.
15. Definitions
In the Agreement the following words shall have the following meanings:-
“Access” means access to the Location;
“Agreement” means our contract with you for the provision of the Services;
“Intellectual Property Rights” means any patent, copyright, registered design or unregistered design rights and any applications for any of the foregoing, any rights in respect of the confidential information and any other intellectual property rights;
“Location” means the location where the Services are to be provided;
“Humidity”, “we”, “our”, “us” means Humidity Response Ltd whose registered office is at 3 Harling Close Maidstone Kent ME17 4UX (registered company number 08125435), registered in England and Wales;
“Offsite Assistance” means the provision of any Services away from the Location including but not limited to removal, storage, offsite restoration and disposal;
“Estimate” means Humidity Response Ltd Estimate form;
“Services” mean the work we will undertake as detailed in the Estimate/ Survey Report and subject to these Terms;
“Supplies” means electric and water supplies and other necessary resources available at the Location;
“Survey Report” means the survey report detailing the Services required at the Location and the associated costs, issued by Humidity Response Ltd to you;
“Terms” mean these terms and conditions;
“Welfare Facilities” means WCs and a means of hand washing; “Working Days” mean Monday to Friday, excluding public holidays; “Working Hours” mean 09.00 to 17.00 hours; and
“you”, “your” means Humidity Response Ltd’s customer whose name is stated upon the Quotation and their employees.