TERMS & CONDITIONS
“You, the Client” a person or company buying Products and services or Services from us.
“HPWS (us, our)” the products and services or service vendor as identified on your invoice and, where relevant, Service Provider.
“Order Confirmation” formal acknowledgement of products and services or service ordered by you, and to be provided by us.
“Price” stated in Order Confirmation or Quotation.
“Products and services” as described in Order Confirmation or quotation.
“Service” as described in Order Confirmation or quotation.
“Service Provider” HPWS.
“3rd Party Products and services” all goods that are not HPWS supplied services or products and services.
“Service” means general service and support carried out by HPWS or an HPWS appointed service
“Quotation” formal offer to accept works as detailed against a price. Quotation may be subsequent to change relating to supplier costs & increased undertakings.
This Agreement applies to this sale, services and all statements made by HPWS in brochures, price lists, adverts, quotations, on the internet or verbally. Any variations to this Agreement must be confirmed by HPWS in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement. This Agreement does not apply to Products and services or services purchased directly by the client from a reseller, distributor, provider or contractor in conjunction with the service or products and services offered by HPWS.
3. QUOTATIONS / ORDERS / CONTRACT
Quotations are only valid in writing and during the period that they state. If unstated, the period is 30 days. Orders may be received by writing, telephone, email or fax but are only binding when accepted by HPWS in a written Order Confirmation. Please check the Order Confirmation and notify HPWS of any mistake in writing immediately or the details stated in the Order Confirmation will apply to this Agreement. HPWS reserves the right to change products and services or services at any time but HPWS guarantees you at least equivalent functionality and performance.
4. PRICE & PAYMENT TERMS
Products and services and service offering prices, tax, insurance and installation are as shown on your invoice. Changes to exchange rates, duties, insurance, freight and purchase costs (incl. for chemicals & Services) may cause HPWS to adjust prices accordingly. Payment will be made before supply or Service or, if agreed, within 7 days of the invoice date without further notice from HPWS. Interim payments may be required and will be negotiated and detailed by HPWS prior to acceptance of the order. Payment timing is of the essence. HPWS may suspend delivery of service or products and services until full payment for that order is received. If payment is late, late payment fees will be incurred at 8% above Bank of England Base Rate of the outstanding amount in accordance with The Late Payment of Commercial Debts (Interest) Act 1998. In either case, the costs of recovery shall be payable by you. Cheques may only be accepted with a valid cheque guarantee card. HPWS reserve the right to reclaim any costs incurred as a result of a failed payment by the Customer.
5. DELIVERY / TITLE / RISK
The delivery period in the Order Confirmation is approximate. Delivery by instalments may be made in large scale works. The place of delivery is stated in the Order Confirmation. Title to products and services or service passes on full payment. You may not dismantle, move, pledge or sell them until such time as full and final payment is received and cleared by HPWS. Risk of the loss of the products and services supplied passes to you on delivery.
Unless otherwise stated, HPWS guarantees to you that HPWS-supplied products and services shall be supplied with the best practice & with due consideration. Should a product or service be unsatisfactory, at our discretion, we shall re-clean the areas/items free of charge. Due to the nature of the cleaning process, no refunds can be given against chemicals/consumables used. All reasonable care and endeavour shall be used to resolve problems within a realistic period in the circumstances. HPWS provides services and uses chemicals in accordance with industry standards and practice. HPWS warranty is given in place of all implied warranties and that such implied warranties are excluded to the fullest permitted extent. HPWS may revise its limited warranties from time to time but any such change will not affect products and services ordered by you prior to the date of such change.
HPWS does not give a warranty guarantee protection for:
i. damage caused by incorrect use of an area following cleaning by either the Customer of a 3rd Party;
ii. damage caused by any party (except HPWS) or other external force;
iii. fitness for any particular purpose other than intended;
iv. 3rd Party products and services or services specified by you;
v. any instruction given by you and correctly performed by HPWS.
Will be provided by HPWS or and HPWS appointed service provider. Response times are estimates and may vary according to the remoteness or accessibility of products and services or service location. You must allow HPWS to examine the products and services at locations mutually convenient. Any access & parking arrangements necessary for HPWS to perform the agreed works shall be the requirement of the Customer to arrange. Failure to access the work site to perform pre-arranged works due to insufficient or incorrect arrangements by the Customer shall be charged for at the full quoted job cost. The Customer agrees to free-issue a water supply to HPWS for the duration of the works.
Unless stated in order confirmation, the following are excluded from our provision of services: work outside local working hours, weekends or on public holidays, items excluded from Warranty, changes to configuration, relocation, preventative maintenance, consumables or unnecessary work in HPWS’s assessment.
HPWS does not accept liability for 1) indirect or consequential loss, 2) loss of business profits, salary, revenue, savings, 3) damage remedied by HPWS within reasonable time, 4) loss avoidable by you through reasonable conduct, and following HPWS’s reasonable advice generally, 5) all items excluded from the Warranty or by Force Majeure.
9. INTELLECTUAL PROPERTY “IP”
HPWS does not indemnify you for i. 3rd Party Products and services, ii. unauthorised modification or iii. any claim caused by the use of our products and services in conjunction with anything not supplied by HPWS.
10. FORCE MAJEURE
HPWS is not liable for delays in performance (incl. delivery or Service) caused by circumstances beyond its reasonable control and will be entitled to a time extension for performance; examples include strikes, terrorist acts, war, supplier / transport / products problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 2 months, this Agreement may be terminated by either party without compensation.
Each party must treat all information received from the other marked “confidential” or reasonably obvious to be confidential as it would treat its own confidential information.
HPWS may terminate this Agreement with immediate written notice if you: 1) fail to pay on time, 2) breach or HPWS suspects you have breached these Terms & Conditions. Either party may terminate if the other: 1) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or 2) becomes insolvent or is unable to pay debts as they fall due.
13. YOUR OBLIGATIONS AS A CLIENT
You are responsible for:
i. your own choice of products and services and their suitability for purpose;
ii. your telephone & postal charges in contacting HPWS, if any;
You must provide HPWS with all reasonable courtesy, information, cooperation, facilities and access to enable HPWS to perform duties, failing which HPWS shall not be obliged to perform any service or assistance. You are responsible for the removal of non HPWS-supplied products and services during service and all of your legal and regulatory requirements.
English law and the exclusive court jurisdiction of the English courts will apply to this Agreement.
If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. HPWS may subcontract, assign or transfer its obligations or rights to a competent third party whether in whole or in part. You may not assign or transfer any of your obligations. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party.
Thank you for doing business with HPWS.
These Terms and Conditions are effective from 12-08-08 until further notice.