TERMS & CONDITIONS OF SERVICE
Definitions & Interpretation
1.1 In these Conditions, the following terms shall have the following meanings, unless the context otherwise requires:
“Acceptance” means the Customer’s acceptance of a Quotation or Estimate whether provided verbally or in writing by DSW Cleaning LTD;
“Business Day” means any day outside weekends and UK bank holidays between 8.30 a.m. and 5:30 p.m. (GMT);
“Charges” means the charges payable for the Services by the Customer to the Supplier as set out in the Quotation or Estimate , or as otherwise agreed between the parties in writing or verbally;
“Conditions” means these standard terms and conditions of service;
“Confidential Information” means in respect of either party, confidential information (in any form) which concerns that party or its business or finances which that party discloses to the other in connection with the Services;
“Customer” means the company, firm, body or person to whom the Quotation or Estimate is addressed;
“Customer Data” as defined in condition 11;
“Customer Personal Data” as defined in condition 10;
“Deliverables” means the output of the Services;
“Estimate” means a written estimate issued by the Supplier, which includes details of the services the Supplier offers to supply and the approximate charges payable based on the information available to the Supplier at the time of the estimate being prepared;
“Good Industry Practice” means the exercise of that degree of skill, care, diligence prudence and foresight that would reasonably be expected from a skilled and experienced person providing services the same as or similar to those set out in the Contract or Estimate and under the same or similar circumstances and terms and conditions as those envisaged by the Contract;
“Intellectual Property Rights” means patents, copyright, database rights, registered designs, design rights, utility model rights, registered trade marks, rights in unregistered trade marks, rights in know how and inventions and all other industrial or intellectual property rights (whether registered or not and including all rights to apply for any such registered rights) arising anywhere in the world;
“Party” means the Customer or the Supplier and “parties” means both of them;
“Quotation” means a written quotation issued by the Supplier, which includes details of the services the Supplier offers to supply and the charges payable;
“Services” means the services to be provided, or which are provided, by the Supplier pursuant to the customer request for works and supplier quotation or estimate;
“Supplier,” means DSW Cleaning LTD (company number 12431049) whose registered office is at 42 Virginia Road, Thornton Heath, CR7 8EJ;
“Supply Contract” means the contract between the Customer and the Supplier for the supply of Services formed by a Quotation and Acceptance as described in condition 2.2, of which these Conditions form part.
- Supply Contract
2.1 On request, the Supplier will issue a Quotation or Estimate. Each Quotation or Estimate is an offer from the Supplier to the Customer to supply the services set out therein, at the charges set out therein, subject to these Conditions and all other terms and conditions included or referred to therein. Each Quotation or Estimate shall remain open for acceptance for 30 days from the date of that Quotation, after which it shall be deemed to be withdrawn.
2.2 When the Customer accepts a Quotation (which they may do by email, verbally or via text message or otherwise as agreed with the Supplier) a contract comes into existence between the Supplier and the Customer which comprises that Quotation, Acceptance of that Quotation and these Conditions (the “Supply Contract”).
2.3 For all non-residential cleaning work over the value of £250 the customer will be required to provide a purchase order to the Supplier following acceptance of a Quotation. The purchase order is for the administrative purposes of the Customer, to enable the Supplier to issue invoices to the Customer under the Supply Contract and/or for other similar reasons. No such purchase order forms part of the Supply Contract or any other contract between the parties.
2.4 The only standard terms and conditions which apply to the Supply Contract are these Conditions. Any standard terms or conditions of the Customer’s included, or attached or referred to, in any correspondence or other documentation sent by the Customer to the Supplier (including a purchase order or Acceptance), shall be of no effect and shall not form part of the Supply Contract.
2.5 Information provided in the Supplier’s brochures, catalogues or other published material is a general description only and does not form part of the Supply Contract.
3. Supplier Obligations
3.1 The Supplier shall provide the Services in all material respects in accordance with the Supply Contract.
3.2 The Supplier shall use all reasonable endeavours to meet any delivery dates for the Services in the Supply Contract but such dates are estimates only and, unless otherwise expressly agreed by the Supplier in writing, are not binding on the Supplier.
3.3 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
3.4 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
3.5. Regarding paint removal, the supplier cannot remove lime and cement based paints, lead paints and any non flexible, plastic based paints.
3.6 Any price provided excludes access. If the customer prefers to arrange scaffold access or if indeed there will be access already present on site, please note that the supplier will require scaffolding sheeting to encapsulate and contain the technicians and protect both the homeowner, neighbours and passers-by from any wind spray.
3.7 The supplier will alwaysassumes the compliancy and compatibility of the fuse box, circuits and electrical points in the property. The supplier does not assume liability or accept responsibility for any damage to the electrical system from use of our machines.
3.8 Regsrding paint removal, the supplier is not responsible for the condition of the substrate underneath the paint as the paint work may have been masking visible signs of deterioration.
3.9 With anycleaning project undertaken, the supplier is not responsible for any water ingress which be the result of building fault or defect.
4. Customer Obligations
4.1 The Customer shall at all times during the continuance of the Supply Contract:
4.1.1 obtain and maintain all consents, permissions and licences necessary to enable the Supplier to perform its obligations under the Supply Contract;
4.1.2 provide sufficient and accurate information and materials to the Supplier as reasonably requested by the Supplier in the provision of the Services and performance of its obligations under the Supply Contract; and
4.1.3 have all requisite corporate power and authority to enter into and perform the Supply Contract.
4.2 In the event the Customer requires the Supplier to provide the Services on Customer’s premises, or any other premises designated by the Customer, the Customer shall:
4.2.1 assign members of staff with suitable skill and experience to be responsible for the Supplier’s activities;
4.2.2 provide such access to premises, systems and other facilities which may be reasonably required by the Supplier; and
4.2.3 ensure that all necessary safety and security precautions are in place.
4.3 The Customer agrees, upon demand, to indemnify the Supplier (which includes its employees, agents and sub-contractors), and keep the Supplier indemnified, from all claims, liabilities, losses, damages, injury, costs and expenses of whatever nature suffered by the Supplier relating to the Original Works, including any claim relating to breach of any third party Intellectual Property Rights by such Original Works.
4.5. The customer will inform all of their own employees, visitors and or persons either visiting or residing in the property, that work is being carried out on the exterior or interior surfaces of the building. The customer should make arrangements for any vehicles to be covered. No responsibility for damaged clothing or parked cars (where any cleaning solution could potentially be carried by wind drift) will be accepted.
4.6. The customer will allow DSW Cleaning LTD to take appropriate photographs and video of works being undertaken and completed, as well as before and after shots for marketing purposes on the website and other media including but not limited to video. printed material and social media. If you do not allow the use of your company logos etc you must inform us before we submit our quotations for your considerations.
4.7 The custom agrees that DSW Cleaning LTD can leave a sign board outside the property where any cleaning works are being carried out by DSW Cleaning LTD. If the customer does not consent, this preference should be flagged up prior to DSW Cleaning LTD submitting a quote.
4.7. Any free Sample cleans are provided by DSW Cleaning LTD totally at our sole discretion and are not normally available for a) first time customers or b) other cleaning companies, building companies or architects who wish to sub-contract exterior cleaning services to DSW Cleaning LTD, unless agreed mutually in advance. Sample works arranged in Central London or City of London and / or over 25 miles outside of the M25 will always incur a charge and use of access machines (if required) for sample cleaning will be charged for in full plus 10% administration costs.
4.8. Any access equipment that needs to be hired in from a third party to use on the buildings cleaning project should be insured by the customer for loss, theft or vandalism whilst left on site.
4.9. Property of DSW Cleaning Ltd whilst on site should be insured by the customer against loss, theft or vandalism.
4.10. The customer is aware that plants, shrubs and grass may be slightly damaged when exterior building cleaning is undertaken. DSW Cleaning LTD will go to ever endeavour to prevent this from happening, however assume take no responsibility for replacing damaged plants, trees, shrubs or grass.
4.11. Any and all electronic devices such as door bells, entry systems, safety cameras should be either be removed by the Customer or covered for the duration of the clean and prior to DSW Cleaning LTD arriving on site. DSW Cleaning LTD will accept no responsibility for replacing items damaged by our cleaning processes.
5. Warranties and Remedy Period
6.1 The Supplier shall provide the Services using reasonable skill and care in accordance with good industry practice, using appropriate and suitably qualified technicians.
6.2 The Supplier shall use reasonable endeavours to provide Deliverables which meet the standards and requirements set out in the Supply Contract.
6.3 Except as expressly otherwise provided in the Supply Contract, no warranty is provided, expressed or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the service is given by the Supplier.