Terms & Conditions of Business
Please read these Terms carefully and make sure that you understand them, before placing an order with us. In these conditions:
“the provider” means Enviro Waste London Ltd trading as Syte Link.
“the supplier” means where the context so permits, the provider or the provider’s duly authorised agent or Network Partner.
“the contract” means any contract between the provider and the supplier for the supply of concrete
“the hirer” means the person or company requesting the supply of concrete and/or any other construction related service by the provider.
“the service” means the supply of concrete, and/or any other construction related service provided as part of the service.
“the site” means the place where the concrete, and/or any other construction related service provided as part of the service is deposited at the request or direction of the hirer.
“working day” shall mean Monday to Friday in any week.
“force majeure” means any circumstances beyond the reasonable control of either the provider or the supplier (including, without limitation, thereto, any strike, lock out or other form of industrial action, accident, inclement weather, difficulties in obtaining fuel, parts or machinery, power failure or breakdown, or malfunction of machinery or computers.
- These conditions shall apply to all contracts for the supply of the service by the provider to the exclusion of all other terms and conditions and shall apply where the context so permits for the benefit of the supplier and the employees, agents and sub‐contractors of the provider and the supplier as if they had been parties hereto.
- The provider reserves the right to add to, alter or amend or withdraw any of these terms or conditions without notice. Any typographical, clerical or other error, or commission in any sales literature, quotation or price list, acceptance of offer, invoice or other document or information issued by the provider shall be subject to correction without any liability on the part of the provider.
- Any reference in these conditions to a statute or regulation or provision thereof shall be constructed as a reference to that statute, regulation or provision as amended re‐enacted or extended at the relevant time.
- All requests for the service shall be deemed to be an offer by the hirer to purchase the service pursuant to these conditions and the service is offered subject to the availability of the supply of concrete to the provider. The hirer agrees that they will rely wholly on their own judgement in the selection of the service and will not treat any information supplied to them by the provider as a representation, warranty or guarantee in any manner whatsoever.
- No variation of these conditions shall be binding unless agreed in writing between the authorised representatives of the provider and the hirer.
- The provider will use its best endeavours to comply with the hirer’s requirements but can accept no responsibility for failure to supply, or any unforeseen or abnormal conditions by any act or neglect on the part of the hirer and time shall not be of the essence of the contract save as to payment by the hirer for the service. The provision of the service may be wholly or partly suspended at the provider’s discretion without liability on the part of the provider for any loss resulting from any suspensions.
- Except as specifically otherwise agreed in writing the provider or the supplier, shall be under no obligation to deliver the concrete elsewhere than at the site address. b) the hirer agrees in all cases:‐ (i) to provide and adequately maintain all necessary approach roads and sites for the purpose of the delivery; (ii) to rely on their own skill and judgement and to satisfy themselves as to the suitability of all approach roads, tracks, or grounds, for the purposes of delivery. (iii) promptly on the arrival of the vehicle to accept delivery and provide any necessary directions. (iv) to ensure that an authorised person is present at the time of delivery to sign and acknowledgement of delivery and that such authority is signed on delivery by such authorised person and not otherwise and the hirer agrees that any delivery note signed by a person with apparent authority to do so shall be deemed to be signed by an authorised representative of the hirer and that where no such person is available to sign such proof of delivery or collection within 10 minutes from arrival of the concrete or the vehicle at the site the supplier’s written confirmation of delivery shall be final and binding upon the hirer. c) the hirer shall save harmless and keep the provider indemnified against any claim demand or penalty arising during the period of the concrete pour and which could not have been made had the provider not agreed to provide the service including, but not limited there to all 3rd party claims, or claims for damages arising out of accidents related to any concrete, the subject of this contract.
- (i) When you advise us by telephone that you wish to place an order for the purchase of concrete (“Goods”) and/or services associated with the supply of concrete (including concrete pumping services and any other services which we agree to provide) (“Services”) with us, we will provide you with a quotation. If you accept our quotation, you are making an offer to us for the purchase of the Goods and/or Services subject to these Terms. Please note that any quotations issued remain valid for 7 days from the date of issue. (ii) We will confirm that we accept your offer by verbally confirming acceptance or by sending you an email confirming acceptance, referred to in each case as the “Order”. (iii) These Terms and Conditions will become binding on you when: (a) we provide you with a written or verbal confirmation of the Order; (b) you make payment of all or any part of the Price to us; or (c) we commence processing of the Order. Whichever is the earlier, at which point a “Contract” shall come into existence between you and us. (iv) Any offer made by you is subject to acceptance by us. We may choose not to accept or to decline your offer for any reason, including but not limited to circumstances where we do not have a Supplier who is able to accept your Order, and will not be liable to you or to anyone else in those circumstances. (v) You are responsible for confirming that the details of your Order are correct, including but not limited to any concrete specification or quantity. If you identify an error in the Order you must notify us within 24 hours of receipt of the Order confirmation. If you do not notify us of the error within this time, you will be bound by the details set out, or referred to, in the Order confirmation. (vi) If we are unable to provide any Goods or Services, for example because we cannot meet your timescale to perform the Services or, in relation to Goods, because they are not available, or where we are unable for any reason to provide the Services, we will inform you of this and we will not process your Order. If we have accepted your Order or you have already paid the Price, we will cancel your Order and refund you the full amount as soon as possible and we will not have any further liability to you in respect thereof. (vii) If, once we have accepted your Order, you wish to make a change to the Goods or Services you may request this either in writing or verbally followed by confirmation of your request in writing. Any requested changes to the Order will be at our sole discretion and we reserve the right to change the Price or charge you for any Additional Costs resulting from changes we make to the Order at your request. Where we change the Price or will incur Additional Costs as a result of your requested changes we will inform you of these, at which point you will have 24 hours to accept or reject the changes you have requested. If you agree to proceed at the amended Price or Additional Costs we will refund you or charge you the difference between any amount you have paid and the correct Price or Additional Costs. If you are not happy to proceed, you may continue with your original Order or cancel it, in which case we will refund you any amount you have already paid. (viii) If you require additional Goods and/or Services after you have placed your Order because you have under-ordered, you can place a supplementary order (“Top-Up Order”). Where you wish to place a Top-Up Order, you will need to contact us rather than the Supplier who is supplying the Goods and/or Services. Each Top-Up Order you place will be a new Order and will a separate Contract between you and us. (ix) The price for the provision of the service shall be such sum as shall from time to time be agreed between the parties & in default of agreement shall be a quantum merit otherwise agreed shall be exclusive of VAT which shall be payable by the hirer. (x) save where the hirer has a previously approved credit account with the provider payment for the provision of the service shall be made in full by the hirer to the provider prior to the delivery by the provider of any concrete. (xi) where the hirer has an approved credit account the provider shall be entitled to invoice the hirer at the end of the month for all the services provided hereunder prior thereto and the hirer shall pay the price for the provision of the service to the provider within 30 days of the date of the provider’s invoice. The time of payment of the price shall be of the essence of the contract. (xii) the provider reserves the right to grant, refuse, withdraw, restrict, alter or cancel credit terms at its discretion. Where the service is to be supplied over a period of time each instalment thereof shall be treated as a separate contract and failure by the provider to provide any one or more instalments, shall not entitle the hirer to treat the contract as a whole as repudiated. (xiii) if the hirer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the provider, the provider shall be entitled to: a) cancel the contract or suspend any further deliveries to the hirer. b) appropriate any payment made by the hirer to such of the service (or the service supplied under any other contract between the provider and the hirer) as the provider may think fit (not withstanding any purported appropriation by the hirer; and c) charge the hirer interest (both before and after any judgement) on the amount unpaid, at the rate of 2.5% per month until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest). d) charge the hirer’s credit card as listed on the credit card and bank reference form to bring the account back into agreed trading terms. e) in the event of the provider having to take legal action against the hirer all costs incurred will be reclaimed which will include ALL court costs, legal costs, lawyers’ fees and late payment interest.
- The hirer shall where so required to do by the driver direct the driver where to deposit the concrete
- (i) Where the provider or the driver are requested or directed to deposit the concrete, the provider shall be under no liability whatsoever to the hirer for any damage howsoever other than as shall be caused by negligent driving on the part of the driver. Without prejudice the hirer shall subject as above save harmless and keep the provider indemnified against any claim or demand which could not have been made had the driver not been so requested or directed. The hirer will in addition compensate the provider for any damage to the vehicle which would not have occurred had the driver not been so requested or directed and which is not due to any negligence on the part of the driver. (ii) if the provider shall be prevented for any reason beyond its control from delivering concrete, the hirer shall remain liable for the provider’s charges together with such additional sums as the provider shall reasonably so require for the further provision of the service.
- (i) The price of the applicable Goods and/or Services will be as quoted to you verbally, or otherwise notified to you in writing in the Order (“Price”). We take all reasonable care to ensure that the Price is correct at the time of our Order. However please see Condition 3.5 for what happens if we discover an error with the Price. (ii) The Price includes insurance costs but does not include: (a) delivery costs; (b) a waiting time fee in the event that you are not ready to accept delivery at the given estimated delivery time or in the event that delivery of the Goods and/or Services takes longer than agreed as a result of your actions or omissions; (c) service fee in the event that you have asked us to provide Goods and/or Services which are outside our usual offering; (d) charges for or any Services or goods other than those for which we have quoted and/or which are set out in our Order; or (e) any other applicable additional costs; (f) (“Additional Costs”) We may charge you Additional Costs in accordance with our then current prices. Any Additional Costs will be charged in addition to the Price at the applicable rates as notified to you when we provide you with a quotation or when we tell you about the additional Services and Goods which are required to obtain confirmation from you as to whether or not you wish to proceed. (iii) The Price and any Additional Costs are exclusive of VAT (where applicable) unless otherwise stated, and VAT will be payable on the Price and any Additional Costs at the applicable current rate chargeable in the United Kingdom for the time being. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods and/or Services in full before the change in VAT takes effect. (iv) Where we are required to undertake any Services or provide additional Goods over and above those set out in our Order due to your default, including but not limited to lack of or incomplete instructions or as a result of the need for additional work becoming apparent during the course of us providing the Services, we reserve the right to charge you for any such additional Services as an Additional Cost. (v) If we discover an error in the Price we will contact you as soon as possible. We will provide you with the correct Price, at which point you will have 24 hours to accept or reject the correct Price. If you agree to proceed at the amended correct Price we will refund you or charge you the difference between any amount you have paid and the correct Price. If you are not happy to proceed or we do not hear from you, we will refund you any amount you have already paid and the Contract will be cancelled.
- (i) Once you have placed your Order, the Supplier who will be fulfilling your Order will contact you with an estimated delivery date and time for the Goods and/or Services. (ii) Delivery of the Goods shall be completed on the Goods’ arrival at the location agreed by us, you and our Supplier. Delivery of the Services shall take place at the location agreed by us, you and our Supplier. (iii) If you do not accept delivery of the Goods and/or Services at the estimated delivery date and time agreed with our Supplier or delivery of the Goods and/or Services takes longer than the time slot which has been allowed for in our initial quotation when you placed your Order, and this is as a result of your actions or failure to act (including a failure to take delivery) then we may charge you, as an Additional Cost, a reasonable additional fee to cover the removal of any waste product which is no longer useable and the cost of any additional time spent by our Supplier attempting to deliver the Goods and/or Services beyond the time allowed in our initial quotation when you placed your Order. (iv) If you do not accept delivery of the Goods and/or Services, as appropriate, within 24 hours of our Supplier attempting to deliver the Goods then we shall be entitled to terminate our Contract with by giving you immediate written notice of our intention to do so. If we terminate the Contract, we may resell or otherwise dispose of part or all of the Goods. (v) We may procure that our Supplier delivers the Goods by instalments. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment. (vi) The Goods will be your responsibility from the time they are delivered to the address you gave us. (vii) You will own the Goods once we have received payment for them in full and they have been delivered by our Supplier. (viii) In the event that the Supplier has to delay or is unable to complete delivery of your Order for any reason, including but not limited to as a result of any breakdown or failure in equipment, plant or machinery, it will be the Supplier’s responsibility to arrange an alternative date for delivery with you or for an alternate supplier to complete the Order. If the Supplier fails to do so, you should contact us and we will arrange another Supplier or alternate supplier to complete the Order for you.
- (i) By entering the Contract with us you agree that you will (a) co-operate with us and provide us with any information we may request in order to facilitate the performance of the Contract including but not limited to providing a full address for delivery, contact details and details of any road restrictions or restricted access which may affect our or our Suppliers ability to deliver; (b) ensure that, where the delivery location is not on a public highway, the location and access to the location will be suitable for us or our Suppliers to deliver the Goods and/or Services; (c) indemnify us and our Suppliers against any damage or loss that either we, you, our Suppliers or any third party may suffer as a result of you requesting delivery of the Goods and/or Services to a delivery location which is not located on a public highway, including but not limited to any damage caused to vehicles as a result of any access or ground which we or our Supplier reasonably deem to be unsuitable; and (d) where you have placed an Order through our Concrete Pumping Network business or your Order relates to concrete pumping services, sign the site entry form provided by our Supplier before our Supplier commences delivery of the Goods and/or Services. For the avoidance of doubt, our Supplier is not permitted to commence delivery unless you have signed a site entry form; (e)ensure that, where applicable, you have sufficient competent personnel and appropriate equipment to promptly accept delivery of the Goods and/or Services; (f) if requested by us or the Supplier, or where you are placing an Order through our Concrete Pumping Network business or your Order relates to concrete pumping services, allow the Supplier access to the delivery location for up to sixty minutes prior to delivery and up to sixty minutes following delivery in order to prepare for the concrete pumping and to clean out and prepare any plant and machinery for travel; (g) if requested by us or the Supplier, provide an adequate piped water supply and/or temporary lighting for the duration of the delivery of your Order; (h) take out and maintain appropriate insurance in relation to your use of the delivery location. (ii) You acknowledge that we and our Suppliers will not be liable for any damage or loss that you may suffer as a result of you not complying with the above conditions (iii) You are responsible for ensuring that any relevant permissions, licences or consents, including any relevant planning consent, have been obtained prior to the estimated delivery date and we and our Suppliers will not be liable for any damage or loss that you may suffer as a result of you not having obtained any such permission, licence or consent.
(iv) By placing your Order with us you are warranting that you own the delivery location or have express permission from the owner of the delivery location to have the Goods and/or Services delivered at the delivery location.
- (i) We will endeavour to transfer to you any warranty given by the Supplier in relation to any Goods supplied (whether as a supply of Goods or as part of the Services). We do not offer any warranty or guarantee other than as set out in the Conditions or implied by law. (ii) Where applicable, the Goods supplied will comply with British Standard BS EN 206.1 when they are delivered. (iii) Any images or descriptions of Goods and/or Services on our Site are for illustrative purposes only. Although we have made every effort to display the Goods and Services accurately, we cannot guarantee that the images and descriptions on our Site are accurate and Goods and/or Services may vary slightly from those images and descriptions provided.
- (i) Except as set out in Conditions 15 (ii) 15 (iii), 15 (iv) and 15 (viii) below, where you decide to cancel the Contract we will refund you the price which you have already paid using the payment method used by you to pay. (ii) If you wish to cancel the Contract in relation to the provision of any Services, you cannot do so once we have started to deliver the Services. If you cancel after we have started to deliver the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind and cancelled the Contract, and we may charge you an additional fee for any unused or waste product in accordance with Condition 15 (iii) or 15 (viii) below (as applicable). IF YOU ARE A CONSUMER (iii) If you are a consumer you can cancel your Contract with us at any point: (a) before we deliver any Goods if you give us 24 hours’ notice; or (b) up to a period of 14 days after the Goods come into your possession (or any third party identified by you takes possession of them), other than where we are providing Services (including pre-mixing, delivering, pumping or laying the Goods) in relation to the Goods, in which case you will not be entitled to cancel once these Services have been commenced; or (c) before we commence performance of the Services, in each case by contacting us as set out above or by telling us you wish to cancel and including the information outlined above. If you contact us because you wish to cancel the Contract less than 24 hours before the estimated delivery time we may retain up to 50% of the Price of your Order. If you cancel the Contract whilst the Goods are out for delivery or once the Goods have been mixed prior to delivery we may retain up to 100% of the Price of your Order and we may also charge you an additional fee for the removal of any waste product which we are no longer able to sell as an Additional Cost. (iv) As a consumer, you also have legal rights in relation to anything which is faulty, not of satisfactory quality or not as described. These legal rights are not affected by your right of return and refund in this Condition 15 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. After you have purchased the Goods and/or Services, your legal rights entitle you to the following: (a) up to 30 days after you receive the Goods or the Services are performed: if they are faulty or not as described you can get an immediate refund or request that the Goods are repaired or replaced or the Services re-performed; (b) after 30 days following receipt of the Goods or performance of the Services and up to 6 months thereafter: if they are faulty or not as described and we are unable to repair or replace the Goods or re-perform the Services then you will be entitled to a refund or Price reduction in most cases; (c) after 6 months following receipt of the Goods or performance of the Services and up to 6 years thereafter: if the Goods and/or Services have not lasted a reasonable length of time you may be entitled to a partial refund provided that the Goods have been used reasonably, maintained appropriately and have not been the subject of any significant alterations or damage. (v) If you wish to exercise your legal rights under Condition 15 (iv) you should contact us in the ways set out above and, where requested by us, must contact the Supplier who provided the Goods and/or Services to arrange for a repair or replacement. (vi) If you exercise your legal right to reject the Goods and/or Services and ask for a refund we will: (a) refund you the Price you paid. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods; and (b) make any refund due to you as soon as possible and in any event within 14 days after the day on which you return the Goods to us and/or notify us of your rejection of the Services. (vii) For the avoidance of doubt, if you are not a consumer, the rights and remedies set out in Conditions 15 (iii), 15 (iv), 15 (v) and 15 (vi) do not apply to you. IF YOU ARE NOT A CONSUMER (viii) You can cancel your Contract prior to delivery by giving us 24 hours written notice. If you contact us because you wish to cancel the Contract less than 24 hours before the estimated delivery time we may retain up to 50% of the Price of your Order. If you cancel the Contract whilst the Goods are out for delivery or once the Goods have been mixed prior to delivery we may retain up to 100% of the Price of your Order and we may also charge you an additional fee for the removal of any waste product which we are no longer able to sell as an Additional Cost. (ix) Your rights and remedies in relation to the Contract are as set out in Condition 16.
- (i) We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; and (c) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples). (ii) We will not be liable to you in relation to the acts or omissions of our Supplier that cause you loss or damage, but if you have a complaint in relation to our Supplier please contact us and we will help you to resolve it with our Supplier for you. IF YOU ARE A CONSUMER (iii) If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. (iv) We only supply the Goods and Services for domestic and private use. You agree not to use the Goods or purchase our Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. IF YOU ARE NOT A CONSUMER (v) Subject as expressly provided in these Terms, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. In particular, we make no warranty as to the fitness of the Goods and/or Services for any particular purpose even if that purpose is stated in your Order. This exclusion includes recommendations or advice from us to you relating to a specific enquiry. You must satisfy yourself as to the fitness for the purpose for which the Goods or Services are intended. (vi) We shall not be liable for a breach of warranty in accordance with Condition 14 unless: (a) you give written notice of the defect to us and if, where we are responsible for delivery, the defect is as a result of damage in transit give written notice to us within 7 days of receipt specifying the details of the defect and when it was delivered. In the event of a defect which is not apparent on delivery you shall inform us in writing of such defect within 2 days of discovery of the defect; and (b) we are given a reasonable opportunity after receiving the notice to examine the Goods or the result of the Services and you comply with any request from us to enable us to inspect the Goods or the result of the Services. (vii) We shall not be liable for breach of warranty under Condition 14 if (a) you make any further use of the Goods and/or Services after giving notice under Condition 16 (vi) (a); or (b) the defect arises because you have failed to follow our or the manufacturer’s instructions (whether oral or in writing) as to the proper use, maintenance and treatment of the Goods or (if there are none) good trade practice; or (c) you alter or repair the Goods and/or Services without our written consent. (viii) Where any valid claim in respect of the Goods and/or Services is made by you, we shall be entitled at our option to: (a) where the claim is in respect of Goods, replace or repair the Goods where found not to conform to warranty at our cost; (b) where the claim is in respect of Services, re-perform the Services where found not to conform to warranty at our cost; or (c) at our sole discretion, refund to you the Price (or a proportionate part of the Price, which may not include any Additional Costs which you have paid, if these relate to delivery costs or charges incurred as a result of your delaying delivery of the Goods and/or Services) of the Goods and/or Services found not to conform to warranty, and subject to Condition 16 (i) we shall have no further liability to you. (xi) Subject to Condition 16 (i), our liability in connection with the sale and supply of the Goods and/or Services shall be as follows: (a) in respect of any loss of profits, loss of business, loss of goodwill, loss of anticipated savings or loss of use, our liability shall be nil; (b) for any type of consequential, special or indirect loss or damage, our liability shall be nil; and (c) in respect of all other types of direct loss (whether in contract, tort or otherwise) our total aggregate liability under the Contract shall not exceed the total Price of the Goods and/or Services. (x) Any claim by you under this Condition 16 in respect of any Goods and/or Services shall not entitle you to withhold or delay payment in respect of any other Goods and/or Services in respect of which no such claim has been made whether or not those Goods and/or Services form part of the same consignment.
- (i) Without prejudice to any other remedies or rights under the Contract or otherwise, we may terminate the Contract with you at any time by giving you written notice if you: (a) commit a material breach of any of the Terms, which shall include non-payment of the Price or any Additional Costs, failure to accept delivery of
any Goods within 24 hours of us, or our Supplier, first attempting to make delivery, and (if such breach is remediable), fail to remedy the breach within such time period deemed appropriate by us at the time, of being notified in writing; or (b) are a consumer and you are the subject of a bankruptcy petition or order or we believe it reasonably likely that you will be the subject of a bankruptcy petition or order; or (c) are not a consumer and suspend, or threaten to suspend, payment of your debts, or make any voluntary arrangement
with your creditors or become bankrupt or subject to an administration order or go into liquidation (other than for the purposes of amalgamation or reconstruction) or we reasonably believe that any of the events in this Condition 10.1(c) is about to occur and notify you of such. (ii) Upon termination of the Contract for any reason: (a) if you have made full payment for any Goods or Services we or our Supplier may deliver them to you or alternatively refund you the Price and any Additional Costs at our discretion; or (b) if you have not made full payment we, or our Supplier may keep possession of the Goods and refund you any part of the Price which you have paid less our reasonable administrative costs; and in each case the accrued rights and remedies of each party as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.
- (i) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any event or event which is beyond our reasonable control (“Event Outside Our Control”). (ii) If an Event Outside Our Control takes place that affects the performance of our obligations or those of our Supplier under a Contract: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations and those of our Supplier under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects delivery times we will arrange a new delivery time, as appropriate, with you after the Event Outside Our Control is over (iii) You may cancel a Contract if it is affected by an Event Outside Our Control which has continued for more than 5 days. To cancel please contact us. If you opt to cancel, we will refund any part of the Price which you have already paid.
- Risk: The risk in relation to any concrete supplied pursuant to this contract shall pass to the hirer upon delivery in accordance with the hirer’s request or direction and shall remain with the hirer.
- Where the service is provided under a consumer transaction as defined by the Consumer Transaction (Restriction on Statements) order 1976, the statutory rights of the hirer are not affected by these conditions.
- It is specifically provided and agreed that any compensation &/or damages payment in respect of any claim or claims arising out of or in connection with the terms of this contract for any reason whatsoever and howsoever arising shall not amount in the aggregate to more than the cost of the provision of the service by the provider or that part of the service giving rise to such claim and the provider and any other person entitled to the benefit of this contact shall have no further liability to the hirer. Except in respect of death or personal injury cause by the negligence of the provider or any other person entitled to the benefit of this contract, the provider or such party shall not be liable to the hirer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the expressed terms of this contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the provider or any other party entitled to the benefit of this contract, their employees, or agents, or otherwise) which arise out of or in connection with the supply of the service, except as expressly provided in these conditions.
- The provider shall not be liable to the hirer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the provider’s or the supplier’s obligations in relation to the service, if the delay or failure was due to force majeure.
- Insolvency of the hirer: a) this cause applies if: i) the hirer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposed of amalgamation or reconstruction); or ii) an encumbrance takes possession, or a receiver is appointed, or any of the property or assets of the hirer, or iii) the hirer ceases or threatens to cease, or threatens to cease; to carry on business; or iv) the provider reasonably apprehends that any of the events mentioned above is about to occur in relation to the hirer and notifies to the hirer accordingly. b) if this clause applies then without prejudice to any other right or remedy available to the provider, the provider shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the hirer, and if the services have been provided but not paid for, the price shall become immediately due and payable not withstanding any previous agreement or arrangement to the contrary.
- All prices and time allocations mentioned in the points above are estimated and are subject to change based on each individual case.
- To cancel a Contract in accordance with your right to do so as set out in Condition 8, you just need to let us know that you have decided to cancel. The easiest way to do this is to notify us that you wish to cancel, either by using the notice set out in the Appendix to these Terms or by contacting us either by phone on: 020 3468 4748 or by email on: firstname.lastname@example.org. Please be aware that we record telephone calls for training, customer service and order monitoring purposes. If you are emailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send the e-mail to us. Condition 8.3 will apply to your cancellation. This means you may not receive a full refund depending on when you cancel.
Last Updated December 2023