TERMS AND CONDITIONS
This copy of our terms and conditions are included for the sake of completeness
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THIS AGREEMENT is between
FLOWFIX DRAINAGE
and
The client/customer
By agreeing to works to be undertaken by Flowfix drainage you agree to become the client/customer
In these terms and conditions, the following meanings shall apply:
1.1 - CONTRACT means the contract for the supply of goods or service incorporating these terms.
1.2 - TERMS means the terms set out in this document and any special terms agreed in writing between Flowfix drainage and you the customer.
1.3 - WE AND US means Flowfix Drainage.
1.4 - COMPLETION DATE means the date the service or project is to be completed by as specified in this agreement.
1.5 - YOU means the person seeking to purchase goods or services from us.
1.6 - PURCHASE ORDER means the document setting out the clients requirements for the agreement of services to be provided.
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THE CONTRACT
2.1 - all orders are accepted by us only under these terms and may not be altered - other than with the written agreement from us
2.2 - acceptance of these terms and conditions is given when agreeing to works being undertaken by us.
2.3 - Any quotations are merely invitations to treat only and do not constitute an agreement or contract.
2.4 - orders may be cancelled only with the agreement of us and you will indemnify us against all claims, losses or expenses incurred as a result of that cancellation.
2.5 - The client will be responsible for any damage that might be caused to any jetting units, CCTV equipment should the work require them to operate away from normal tarmac or laid surface roads. the client will also be responsible for equipment loss or damage due to pipe faults or damage.
2.5 - The client shall inspect the work as far as reasonably possible immediately on completion as stated in section 4.6, and shall, within 7 days give written notice to us in written notice to us in detail of any grounds on which he/she alleges the work is not in accordance with the contract. if the client fails to give such notice the work shall conclusively be presumed free from any defects which would be apparent on reasonable examination of the work.
PRICING
3.1 - The price quoted is based on details given at the time of contact
3.2 - All quotes are valid for 30 days from the date first quoted.
3.3 - We reserve the right to review our pricing structure at any time.
PAYMENT
4.1 - Unless the sale is for cash, or other credit terms all accounts are due for payment within 30 days of date stated on the invoice.
4.2 - Late payment will incur interest at 8% above the bank of England base rate, prevailing from time to time, until the date of payment as well as before judgement.
4.3 - Credit Facilities may be withdrawn or reduced at any point with our sole discretion.
4.4 - Even if we have previously given credit, we reserve the right to refuse further credit.
4.5 - You may not withhold payment of any invoice or other amount due to us by reason of any right to set off a counterclaim, which you may have, or allege to have, for any reason whatsoever.
4.6 - When we have completed the works we shall invite you to inspect the work and agree or sign off the work which will constitute acceptance of the work we have done and any goods and materials we have supplied.
PUBLIC LIABILITY
5.1 - Flowfix drainage warrants that they have and will maintain public liability insurance/accident cover to cover where assignments are carried out at premises other than premises owned by the client.
NON PAYMENT AND INSOLVENCY
6.1 - If you fail to pay the price for any goods or services on the due date or fail to pay any sum due to us under any contract on the due date or you become insolvent or if you are a limited company or partnership and there is a material change in your constitution or you commit a material breach of this contract and fail to remedy that breach, all sums outstanding between you and us shall become immediately payable, and we shall be entitled to do any one or more of the following, without prejudice to any other right or remedy we may have.
6.1.1 - require payment in clear funds in advance of any further goods or services
6.1.2 - Cancel or suspend any further goods or services to you under any contract without liability on the part of Flowfix drainage.
6.2 - if we reasonably incur third party costs, such as tracing or debt collecting agencies costs, or seek to take legal proceedings to enforce our rights as a result of the breach of this contract - including but not limited to - recovery of any sums due, you will reimburse us such reasonable agency costs or legal costs incurred on an indemnity basis.
6.3 - without prejudice to clause 6.2 if you are acting in the course of a business then in the event of late payment. we reserve the right to claim compensation pursuant to the late payment of commercial debts (interest) Act 1998 at the prevailing rate, currently £40 for a debt less than £1000, £70 for a debt of more than £1000 but less than £10,000 and £100 for a debt more than £10,000.
6.4 - Retention of the clause, Title of materials shall remain vested in us and shall not pass to you until the purchase price for materials has been paid in full and received by us, irrespective of weather title to materials remains vested in us, risk in materials shall pass to you upon delivery or installation.
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