All enquiries please contact:
- Address: Prime Business Centre, Millfield Industrial Estate, Bentley, Doncaster, DN5 0SJ
- Phone: 01302 340 695
- Email: firstname.lastname@example.org
Standard terms and conditions of Business of Signum Facilities Management Limited
(1) Interpretation – In these conditions the company means Signum Facilities Management Limited a Company registered in England and Wales under Company Number 07997850 whose registered address is Sidings House, Sidings Court, Doncaster, DN4 5NU and the client means the person, firm or company with whom or with which the company contracts.
(2) Act of insolvency – means in the case of a person a petition is presented or an order is made for the bankruptcy of the individual or the individual enters in to a deed of arrangement or compounds with his creditors or a receiving order is made against him or in the case of a Ltd company a resolution is passed for the winding up of a company (save as part of a bona fide reconstruction or amalgamation) or a receiver, administrator or administrative receiver is appointed over the whole or any part of the assets of the Ltd company or its affairs, business and property is to be managed by a supervisor under any arrangement made with the creditors of the Ltd company concerned.
(3) Contract – means the contract made or to be made between the company and the client incorporating the specification and subject to these terms and conditions.
(4) Premises – means the place or places owned or controlled by the client to which the goods are to be delivered or at which the services are to be provided by the Company.
(5) Specification – means a written document produced by the Company describing in detail the goods and services to be supplied and shall specify:- the timing, duration and frequency of the services, the initial term, the delivery dates and periods for the goods and the premises.
(6) Writing – includes, letter, email, fax and any comparable means of communication.
(7) Basis of the sale – the company shall sell and the client shall purchase goods & services in accordance with the specification agreed between the company and the client. The supply of any specification by the client or amendment to a specification produced by the Company is deemed to include acceptance of these conditions which will govern the contract to the exclusion of any other terms & conditions put forward by the client, no variation shall be binding unless agreed by a Director of the company in writing. The company’s employees or agents are not authorised to make any representations regarding the goods & services provided unless confirmed by a Director of the company in writing. In entering the contract, the client acknowledges that it does not rely on, and waives any claim any claim for breach of, any such representations which are not so confirmed. Any typographical, clerical or other omissions in any sales literature, specification, acceptance of offer, invoice or other document issued by the company shall be subject to correction without any liability to the company. The documents shall not constitute an offer to sell. Important – the client shall be deemed to have warranted immediately prior to the contract being made that they have not been committed to any act of insolvency in England and Wales or comparable action anywhere else in the world and the company would not have entered into this contract but for that representation and warranty.
(8) Orders & Specifications – No order submitted by the client shall be deemed to be accepted unless and until confirmed in writing by the company. The client shall be responsible for ensuring the accuracy of the terms of any order submitted and also for giving any necessary information relating to the goods & services within a sufficient timeframe to enable the company to perform the contract in accordance with its terms, if any of this information is incorrect or it transpires that there is any error in the clients instructions or the client issues additional instructions the company shall be entitled to discharge the contract as concluded and/or take account of such matters and in either case (but without limitation to conditions to vary the price to take account of such matters). The client warrants that the goods/services are sufficient and suitable for the purposes intended. Covenants that the goods/services will (whether by the buyer or third parties) be properly used or dealt with and only in a manner for purposes for which they are sufficient and suitable. No order which has been accepted by the company may be cancelled by the client except without the prior agreement in writing from the company and on terms that the client shall indemnify the company against all loss, costs, damages, charges and expenses and other liabilities incurred by the company as a result of the cancellation of this contract.
(9) Price – Except as otherwise stated in the specifications all prices are given by the company on an ex-works basis and where the company agrees to deliver the goods the client shall be liable to pay the company for charges for transport, insurance and packaging. The price is exclusive of any VAT prevailing at the time of the contract. The company reserve the right to increase the costs/charges to the client if there are any increases passed on to the company in relation to this contract which are beyond its control (including but not limited to changes to the basis of taxation, prevailing tax rates or increases to the national minimum wage or national living wage).
(10) Terms of payment – The client shall pay a 50% deposit on all works over the amount of £5000.00 before any work commences with periodic payments throughout the contract should the company deem this to be a requirement to do business and shall be agreed in writing at the start of the contract. The client shall pay any invoice within 14 days of the date of invoice. The time of payment of the price shall be of the essence of the contract. Interest on overdue invoices shall accrue from the date by which the invoice was due and shall be charged at a daily rate of 8% above the Bank of England base rate plus the relevant fixed sum set out in section 5A of the Late Payment of Commercial Debts (Interest) Act 1998. Interest shall be compounded up to date of payment or judgment if this action becomes necessary and the company also reserves the right to claim reasonable expenses towards debt recovery costs (as per HMCS guidelines). Without prejudice to any other remedies the company may have, if at any time the client is in breach of any obligation (including those related to payment) the company may suspend or terminate the supply of goods/services to the client and any of its obligations under the terms and conditions. The company will not be liable for any loss or damage to the client as a result of the company exercising its rights under this clause. Without prejudice to the company’s other remedies at law, the company shall be entitled to cancel all or any part of the order of the client which remains unperformed in addition to and without prejudice to any other remedies and all the amounts owing to the company shall, whether or not due for payment become immediately payable in the event that : any money payable to the company becomes overdue, or in the company’s opinion the client will be unable to meet its payments as they fall due, or the client becomes insolvent, convenes a meeting with its creditors, proposes or enters into an arrangement with creditors , makes an assignment for the benefit of its creditors, instructs a receiver, manager, liquidator, or similar person appointed in respect of the client or any asset of the client.
(11) Delivery and performance – the delivery periods and dates stated in the specification are approximate only and time of performance shall not be of the essence, the company shall use reasonable endeavours to deliver the goods and perform services on the dates stated in the specification however the company shall not be liable in any way for delay in delivery or performance for any cause whatsoever nor shall such delay entitle the client to reject goods, refuse services, treat the contract as repudiated or render the company liable for damages in any way. The company cannot undertake to meet any new schedules of delivery & performance supplied by the buyer after the date of the contract. Notification of short delivery/damage in transit must be notified within 3 days of receipt of the goods, this must be confirmed in writing also notification of non-delivery must be within 2 days of invoice and again confirmed in writing. The company will not be liable to any damage to goods or services once the delivery has been made to the premises. Notification of unsatisfactory service should be notified within 3 days of the matter being raised and confirmed in writing.
(12) Risk & Property – risk of damage to or loss shall pass to the client on delivery however the property in the goods shall not pass to the client until the company has received payment in full. Until such time as the property in the goods passes to the client, the client shall keep the goods separate from other property on the client’s premises and shall make the goods identifiable as belonging to the company not remove, deface or obscure any identifying mark or packaging and maintain the goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks with an insurer that is reasonably acceptable to the Company. The client shall obtain an endorsement of the Company’s interest in the goods on its insurance policy subject to the insurer being willing to make the endorsement. The company shall be entitled at any time to require the client to deliver up the goods to the company and if the client fails to do so forthwith, to enter upon any premises of the client or any third party where the goods are stored and repossess the goods.
(13) Termination – without prejudice to any right or remedies the company shall be entitled forthwith on written notice to the client either terminate wholly or in part the contract &/or any other contract with the client and on the giving of such notice all monies outstanding shall become payable immediately for any sum owing after the due date the company shall have a general lien for any such sum from any property or possessions the client may have, if the client shall refuse to take delivery or accept performance of the services provided, the client shall commit an act of insolvency, the client shall commit any breach within the contract, if in its absolute discretion the company considers the clients credit status to be unsatisfactory.
(14) Warranties/Liabilities – subject to the conditions set out below the company warrants that the goods will correspond with the specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the delivery date. The warranty is given subject to the following conditions :- the company shall be under no liability in respect of any defects in the goods arising from any drawing, design or specification supplied by the client or any third party engaged by the client, the company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, misuse or alteration/repair without the approval of the company, the company shall also be under no obligation whatsoever if the total price of the goods/services have not been paid by the original due date. The warranty shall not apply to consumable goods, the above warranty does not cover parts, materials, or equipment not manufactured by the company however any manufactures warranty will be passed on to the client. The decision of the company shall be final as to whether or not a defect is due to faulty workmanship or materials. The company warrants that it will use reasonable skill and care in performing the services to a standard accepted by the industry in general. All terms, conditions or warranties implied by statutory or common law relating to the goods are excluded for the contract to the fullest extent permitted by law with the exception of death or personal injury caused by the negligence of the company, the liability of the company under the terms of the contract whether arising in contract tort negligence, breach of statutory duty or otherwise howsoever shall not exceed the sums paid to the company from the client under this contract. The company shall not be liable for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered from the client as an indirect or of a consequential nature including without limitation any economic loss, loss of turnover, profits, business or goodwill. The client shall indemnify the company in full against all costs, losses, damages, charges, expenses and all other liabilities awarded against or incurred (but excluding any liability on behalf of the company) as a result of or in connection with any claim made against the company by any third party in respect of any matter for which liability to the client is excluded.
(15) Clients obligations – The client acknowledges and agrees that in order that the company be able to provide the services the client shall :- permit the company’s employees and agents access to the premises at such times as the company may reasonably specify to carry out any actions required by the client as stated in the specification by the times and dates set out in the specification, to co-operate reasonably with the client and provide information/documentation in order for the comp any to complete its duties, make suitable the premises for the provision of the services, obtain all permissions/consents and health & safety approvals from such organisations & authorities which are required for the goods to be installed and the services carried out, make available to the company facilities/resources and working space as the company reasonably requires from time to time. The company may charge the client for any additional reasonable costs/expenses incurred by the company due to the client’s failure to provide instructions or to comply with the provisions of this clause. The client shall not offer employment, enter into a contract for services or entice away any employees of the company during the term or within 12 months from termination of the contract. In the event of a breach of this clause by the client, the client agrees to pay to the Company a sum equivalent to 20% of the gross remuneration package (including benefits) of the said employee. This clause does not prevent the Company seeking an injunction prior to commencing a claim for damages.
(16) Force Majeure – the company shall not be liable or be deemed to be in breach of contract by reason of any delay or failure to perform any of the company’s obligations in relation to the goods or services if the delay or failure was due to any cause beyond the reasonable control of the company. In the event that Force Majeure continues for more than 3 months either party may give 30 days’ notice to terminate the Contract.
(17) Data Protection Act of 2018 – The client authorises the company to :- collect, retain and use any information about the client for the purpose of assessing the clients creditworthiness or marketing products or services to the client and to disclose information about the client whether collected by the company from the client direct or obtained via any other source to any other credit provider, credit reporting agency for the purpose of providing or obtaining a credit reference, debt collection or of listing a default by the client on publicly accessible credit reporting databases. The client shall have the right to request the company for a copy of the information about the client they have retained and the right to request the company to correct any incorrect information held.
(18) General – the company may sub-contract or assign at it’s discretion all or any part of its obligations under this contract, The contract is personal to the buyer, who shall not assign or in any way part with the benefit thereof without the prior written consent of the company, where the client consists of 2 or more people liability on the part on the part of the buyer under this contract shall be deemed to be joint and several. All drawings, patterns, specifications, tools and other things not being the goods or the subject matter of this contract , but provided by the company shall remain the property of the company. Acceptance of a written quotation from the company by the buyer will assume that these conditions have been read and accepted as part of the contract by the client.
The contract shall be governed by the laws of England and Wales and any dispute or claim arising out of or in connection with it or its subject matter for formation (including non-contractual disputes or claims).
Each party irrevocably agrees that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).