Our Terms And Conditions

TERMS AND CONDITIONS OF SERVICE (the “Agreement”) Between:

CLIENT – The Client (The “Client”) and CONTRACTOR – ClearAll Glass Repairs Ltd 7 Cornwall Road Southampton Hampshire SO53 3GF. (The “Contractor”)

BACKGROUND

1. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.

2. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:

SERVICES PROVIDED

1. The Client hereby agrees to engage the Contractor to provide the Client with the following services (the “Services”):Glass polishing services

2. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.

TERMS OF AGREEMENT

3. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of both Parties.

4. In the event that either Party wishes to terminate this Agreement prior to the completion of the Services that Party will be required to provide two days’ written notice to the other Party.

PERFORMANCE

5. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

6. The Contractor agrees to ensure that all works undertaken on behalf on the Client will be in accordance with The Construction Design and Management Regulations 2015.

PROVISION OF ONSITE FACILITIES

7. The Client will ensure that the Contractor and their employees have free access to the following facilities whilst providing the Services onsite;

Welfare and toilet facilities

Power (240v/110v) within areas of work

Adequate lighting within areas of work

Continuous and unrestricted access to areas of work for personnel and equipment.

PROVISION OF ACCESS EQUIPMENT

8. Any access equipment required by the Contractor to undertake the Services covered in this Agreement is to be provided, sited and maintained by the Client. The Client agrees to ensure that any access equipment provided, sited and maintained will be done so by competent, qualified persons only.

CONDITIONS OF SERVICE

9. The Client agrees that the following conditions of service (the “Conditions”) are fully understood and agreed to:

10. Retention will not apply to any contract resulting from this contract.

11. Liability for damages or delays on the Contractor’s part, shall not exceed 10% of the contract value.

12. No contract will be undertaken without signed or electronic acceptance/confirmation of the relating quotation which will serve as authorization to proceed and acceptance of this Agreement.

13. A contract entire or areas within a contract will be deemed as completed upon the Client site supervisor / Client representative signing a customer satisfaction declaration. In the absence of a Client site supervisor / Client representative, the Contractor or their senior technician will sign to confirm that works have been completed to a satisfactory standard, in line with the ‘Standards of Visual Quality for Installed Flat Glass’ as laid out by The Glass & Glazing Federation.

14. Although extremely rare, incorrect fitting, placement of internal space bars or edge faults can cause glass to crack or shatter when pressure is applied. The Contractor will not be held accountable / liable in such a situation. In such an event, no charges will be made for works carried out on said pane.

15. Should the Contractor or their employees arrive on site to undertake glass polishing works and be unable to affect repairs due to situations and/or conditions beyond the Contractor’s control, (e.g., cracked glass, insecure fitting, inappropriate access or hazardous conditions, (this list is not exhaustive)) the Contractor reserves the right to reschedule said works for which there may be an additional charge. Charges for the original site visit will still be chargeable.

16. If glass has been coated with a self-cleaning or similar applied film coating, the Contractor will be unable to identify this prior to polishing. Carrying out glass polishing works on glass with an applied film coating could result in discoloration or ‘porthole’ effects being visible on the polished surface. This situation is often rectifiable by applying a replacement coating, but an exact colour match is not always possible. Note: In such a situation, the Contractor will not be held responsible / liable. Applying replacement coatings may incur additional charges.

17. Not being able to view the glass from both sides, either through not having access to the inside of a property or through blinds and curtains restricting a viewing angle, could result in slight haze or misting remaining after polishing. In such an event, a return visit will be required to rectify the situation which may be chargeable.

18. Any on-site inductions required will be classed as time on-site and charged accordingly.

19. The minimum acceptable standard for completed glass polishing works shall be as stated within the ‘Standards of Visual Quality for Installed Flat Glass’, published by The Glass & Glazing Federation.

20. Adverse weather conditions can restrict glass polishing activities for external works and impair visibility in relation to checking the quality of repairs. The contractor will monitor weather conditions in the proposed areas of work two days prior to commencement. Should the Contractor feel that the weather conditions will affect their works on the Client’s contract, the Contractor will inform the Client of the situation and allow the Client the option to reschedule works. Should the Client decide not to reschedule, and time is lost due to adverse weather conditions, the Contractor’s attendance will still be chargeable, and any additional time required to complete works will be charged for accordingly.

21. Any contractual administration required by the Client must be presented before the commencement of a contract. No documents will be accepted or signed by the Contractor after the contract has commenced. The Contractor’s commencement of a contract does not signify agreement or acceptance of the Client’s Terms and Conditions/Agreement unless they have been signed by an authorized representative of the Contractor prior to the commencement of the contract.

PAYMENT

22. The Contractor will charge the Client for the Services at a rate of £420 per man day (the “Payment”)

23. The Contractor may at his discretion, offer the Client a discounted rate, but it is understood that the Contractor’s standard rate for the Services is £420 per man day. The Client agrees that any such discounted rate offered by the Contractor will only be applicable if the Payment is received by the payment due date stated on the payment invoice.

24. The Contractor will invoice the Client on a proforma basis for all contracts up to a value of £3500.

25. For contracts with a total value in excess of £3500, the Contractor will invoice the Client for 50% of the total estimated contract value by proforma invoice. The Client agrees to pay the Contractor the remaining balance by the payment due date stated on the payment invoice.

26. For contracts in excess of £3500 quoted on a discounted rates, discounts will only be applied to final invoice.

27. In the event that this agreement is terminated by the Client prior to the completion of the Services but where the Services have been partially performed, the Contractor will be entitled to pro rata payment of the Payment to the date of termination provided that there has been no breach of contract on the part of the Contractor.

28. Where a quantity and rate are quoted, only variations of +/- 10% can be accommodated in the quoted rate.

29. Where the Contractor’s quotation price is based upon the drawing/information/fax-back details provided by the Client, should the structure or requirement differ on site, the Contractor reserves the right to re-quote.

30. All prices are quoted at Net.

31. The Payment as stated in this Agreement does not include Value Added Tax. Any Value Added Tax required will be charged to the Client in addition to the Payment.

32. The Contractor will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Payment and the Contractor will indemnify the Client in respect of any such payments required to be made by the Client.

33. The Contractor will be solely responsible for the payment of all remuneration and benefits due to the employees of the Contractor, including any National Insurance, income tax and any other form of taxation, pension or social security costs.

34. Retention deductions are not applicable to glass polishing services and will not be applied to any contract invoices or payments.

35. Payment due by the date shown on the payment invoice.

SUNDRY CHARGES

36. Delays or waiting time outside of the Contractor’s control will be fully included in the working days chargeable time on site.

37. Aborted visits / extra visits may be charged at £395.00 per man day.

38. Cancellation of confirmed contracts must be received in writing (email/post/SMS) 48 hours in advance of the proposed commencement of the contract. Failure to notify within this time will result in charges for aborted visits.

CHARGES FOR LATE PAYMENT

39. In accordance with The Late Payment of Commercial Debts (Amendment) Regulations (SI 2018/117) which came into force on 26 February 2018 and amends the Late Payment of Commercial Debts Regulations 2002 (SI 2002/1674); Late payment may incur an additional;

Removal of any discounted rate applied.

Compensation charge of £40.00 for invoices up to £999.00 / £70 for invoices in excess of £1000.

Late payment interest charge of 8% over The Bank of England base rate.Reasonable debt recovery charge.

40. All invoices past 28 days of the payment due date stated on the invoice may be passed on to a 3rd party collection agent.

41. An invoice will be deemed as late once past the payment due date stated on the invoice.

42. Late payment will negate any discounted rate offered to the Client by the Contractor. Any Payment due past 14 working days of the payment due date will be charged at the Contractor’s standard rate for Services.

43. Where C.I.S deductions have been deducted from invoice payments, the deducted amount will remain as an outstanding balance until a valid C.I.S Deduction Certificate has been received. Outstanding C.I.S deductions past 28 days of the date of the invoice due date will be charged accordingly as stated in section 39.

CURRENCY

44. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.

CONFIDENTIALITY

45. Confidential information (“the Confidential Information”) refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business process, and client records and that which is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

46. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this agreement.

47. All written and oral information and material disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.

OWNERSHIP OF INTELLECTUAL PROPERTY

48. All intellectual property and related material (the “Intellectual Property”) that is developed or produced under this Agreement, will be the property of the Contractor. The Client is granted a non-exclusive limited-use licence of this Intellectual Property.

49. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor.

RETURN OF PROPERTY

50. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.

51. In the event that this Agreement is terminated by the Client prior to completion of the Services the Contractor will be entitled to recover from the site or premises where the Services were carried out, of any materials or equipment which is the property of the Contractor or, where agreed between the Partied, to compensation in lieu of recovery.

CAPACITY/INDEPENDENT CONTRACTOR

52. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service.

NOTICE

53. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at their respective registered addresses.

INDEMNIFICATION

54. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees and permitted successors and assigns that occur in connection with the Agreement. This indemnification will survive the termination of this Agreement.

MODIFICATION OF AGREEMENT

55. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.

TIME OF THE ESSENCE

56. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

ASSIGNMENT

57. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

ENTIRE AGREEMENT

58. It is agreed that there is no representation, warranty, collateral agreement or condition affecting the Agreement except as expressly provided in this Agreement.

TITLES/HEADINGS

59. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

GENDER

60. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

GOVERNING LAW

61. This Agreement will be governed by and construed in accordance with the laws of England.

SEVERABILITY

62. In the event that any provisions of this Agreement are held to be invalid or unenforceable in the whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

WAIVER

63. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

ACCEPTANCE OF AGREEMENT

The Client is deemed to have read, understood and accepted this Agreement on their acceptance of the Contractor’s estimate for the Services.

Our Terms And Conditions...

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