1.0 ln these terms and conditions (Which is referred to in this document as “these terms’), the `Customer’means the customer for who the works will be carried out by Vixen Maintenance Services Ltd, and the `Company’means Vixen Maintenance Services Ltd T/as VMS Drainage.
`Contact’means the agreement between the customer and the company to carry out the works of which these terms form a part and (Where these terms are a schedule to a signed agreement between the customer and the company ( “theagreement’)) the agreement “works’ means the works described in the company estimate or any other document or email issued by the company, as may be varied by agreement in writing between the parties.
For the purposes of these terms, `in writing’ includes by email and any document which is set out in a handheld device and any signature on a hand-held screen shall be treated as in writing
2.0 The company reserves the right to refuse or decline any work at its own discretion. Where the company agrees to undertake works for the customer, this will be done so by authorised representatives of the company only.
3.0 The price payable by the customer is specified in our quotation (Or Where done at VMS drainage standard charging rates).
We reserve the right to increase the price before carrying out the work by an amount equivalent to any increase to us in the cost of relevant materials since the date of our quotation save that if this would increase the price by more that lO% we will give the customer the opportunity to cancel the contract.
4.0 Subject to paragraph 3 the customer may not cancel the contract without our consent which if given shall be deemed to be on the express condition that the customer shall indemnity us against a loss, damage claims or action arising out of such cancellation unless otherwise agreed in writing.
5.0 All invoices will be submitted to the customer on completion of the work and payment should be made to us on the completion or at our sole discretion may be within 30 days of the date of invoice.
6.0 Dates specified for the commencement and completion of the work are estimates only and shall not be the essence of the Contract .
7.0 The customer shall inspect the work as far as is reasonably possible immediately upon completion of it and shall within 7 days give written notice to us in detail of any grounds on which he alleges that the work is not in accordance with the Contract . if the customer fails to give such notice the work shall conclusively be presumed free from any defects which would be apparent on any reasonable examination of the work
8.0 The customer shall indemnify us against all actions, suits, claims, demands, losses, changes, costs and expenses which we may suffer or incur in connection with the claim by any third party alleging facts which if established would result in a breach of the customers obligation, undertakings, representations and warranties under agreement
9.0 These terms set out our entire liability in respect of the work, and our liability under them shall be lieu and to the exclusion of all other warranties, conditions, terms and liabilities expressed or implied statutory or otherwise in respect of the work and quality thereof (all liability in respect of which, howsoever arising is expressly excluded) expect any which by law cannot be excluded save as provided in these terms and accept as aforesaid we shall not be under any liability whether in contract or otherwise, in respect of the defects in the work or failure to correspond to specification or for any injury, damage or loss resulting from any such defects or failure of from carrying out any work
l0.0 Our liability (if any) whether in contract or otherwise in respect of any defects in the work, or for any breach of this agreement of any duty of care otherwise owed to the customer in connection herewith shall be limited to the invoice value of the work
11.0 The customer shall provide clear access to all drains, sewers, inspection covers and manholes to enable us to carry out the work. The customer shall provide if possible, the plan showing drain layouts, if this is not available, we reserve the right to render additional charges if blockages occur in drains not covered by the specification or if it is necessary to trace unidentified drains to complete the work. The customer shall obtain permission for us to proceed over property belonging to third parties if is necessary for proper execution of the works. The customer shall indemnify us against all claims of whatsoever nature made by third parties and arising out of our presence of the property save where such claims result directly from negligence on our behalf. The customer shall be liable to us for loss of damage whether direct, indirect or consequently suffered by us as a result of failure to delay by the customer in prolonging the obligations referred to above
12.0 Subject to clause 7 above we guarantee completion of work for a period of 28 days from completion provided that the guarantee shall not apply to defects resulting from misuse or faulty workmanship by the customer, its employees and sub-contractors or any other third party working for or on the direction of the customer. Our guarantee only applies to drains comprised in the work. We also reserve the right to withhold our guarantee should we feel that although clear the drains require further work or have a possible fault.
13.0 We will use our best endeavours to carry out the works on the agreed dates but shall not be under any lability to the client. If it should be either impossible or impracticable to carry out the work on the agreed date or dates or by any reason of strikes lock out, industrial disputes, acts of God or any other event or occurrence beyond our control.
14.0 The customer shall be liable for all loss, damage, or injury (whether direct, indirect, or consequential) resulting from failure or delay in the performance of his obligations under these terms.
15.0 The customer undertakes at his own expense to provide such additional labour we may reasonably require to put us in a position to carry out the work. Such additional labour shall be suitably qualified and experienced to carry out the work as required by us. The client should also provide at our request such scaffolding, ladders, equipment as may be necessary in order to reach access points
16.0 Unless otherwise agreed in writing the client will be responsible for the removal from site of deposits extracted by our operators from drainage or sewer systems
17.0 We will not be liable for any fractured or frozen pipes and cannot guarantee to clear blockages occurring in a frozen pipe or drain.
18.0 The customer will make all necessary arrangements the proper authorities for traffic controls and signals required in connection whether carrying out of the work. If these are not provided or adequate the customer shall liable for any loss or damage resulting there from.
19.0 The customer will be responsible for providing all necessary power and a clean water supply from the mains fire or fire hydrant. If it should however be necessary for us to use a metered hydrant and supply controlled by the water authorities, all resulting charges made by the authority will charged to the customer.
20.0 The customer will be responsible for any damage that might be caused to trailer mounted jetting units, tanker jetting units,vacuum units and TV surveying units should the work require them to operate away from normal tarmac or a laid surface road. The customer will also be responsible for equipment lost or damaged due to fractured pipes, drains, or conduits.
21.0 No waiver by us of any breach shall operate as waiver of any preceding or subsequent breach. No variation shall be effective
against us unless sanctioned in writing by us. No forbearance delay on our part shall prejudice our rights.
22.0 Where all consideration is given as to the evaluation of work every precaution will be taken to ensure that no additional costs are incurred by the customer. it is however agreed and a condition of these terms that should further work be necessary to complete the contract and where no site representative is available, through site closure to sanction the necessary extension, Vixen Maintenance Services Ltd t/a VMS Drainage has the customers authority to, without reference extend the working day to complete the prescribed works. Additional hours will charged on a pro rata basis or in accordance with our current rates.
23. Subject to paragraph 5 prices in fixed terms o? continuing agreements will be held for 2 years or length of the agreement if
shorter after which time we shall be entitled to charge Vixen Maintenance Services Ltd t/a VMS drainage standard rates as varied from time to time
VAT RegistRation No 2626 14807
Company Registration No l0630395
John de Mierre House, Bridge Road
Haywards Heath, West Sussex, RH16 1UA