Bee Safe Leisure Ltd

Over 20 years in the Playground Industry
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Terms & Conditions

  

Bee Safe Leisure Ltd

Terms & Conditions

 

 

1.   1.   1.1   In These Conditions:

“ORDER FORM” means the Order Form or Quotation to which these conditions are annexed

“CUSTOMER” means the person specified on the order form as the person or company who accepts a quotation of the Contractor for the supply of the Services or whose order is accepted by the Contractor

“GOODS” means any Goods and/or materials to be supplied as part of the services

“SERVICES” mean the Services which the Contractor is to supply in accordance with these conditions

“CONTRACTOR” means “Bee Safe Leisure Ltd” whose principal place of business is set out in the Order Form

“CONDITIONS” means the standard Term

3.Subject as expressly provided in these Conditions, and where

        the Services are supplied to a person dealing as a consumer

s and Conditions of supply set out in this document and (unless the context otherwise requires) includes any special Terms and Conditions agreed in writing between the Customer and the Contractor

“CONTRACT” means the Contract for supply of the services

“WORKS” means the work to be carried out by the Contractor in accordance with the Order Form

“WRITING” includes facsimile transmission, E-Mail and comparable means of communication

 

  2.  1.2  Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

 

  3.  1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

 

 

2.  Ba 2.  Basis of the Sale

1.      1.    The Contractor shall subject to these Conditions carry out the Works in accordance with the Order Form in a prompt and efficient manner and these Conditions shall govern the Contract to the Exclusion of any other terms and conditions subject to which the Contractor quotation is accepted or purported to be accepted, or the Contractor order is made or purported to be made or by any previous dealings between the Contractor and the Customer.

2.       2.   No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Contractor and the Customer.

3.      3.   The Contractor’s employees and agents are not authorised to make any representations concerning the Services unless confirmed by the Contractor in Writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations, which are not so confirmed.

4.         4.    Any typographical, clerical or other omission in the order form or any sales literature, quotation, acceptance of offer, invoice or other document or information issued by the Contractor shall be subject to correction without any liability on the part of the Contractor.

 

3.          OrOrders and Specifications

         1.    No order submitted by the Customer shall be deemed to be accepted by the Contractor unless and until confirmed in Writing by the Contractor’s authorised representative.

2.     The Customer shall be responsible to the Contractor for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer, and for giving the Contractor any necessary information relating to the Services within a sufficient time to enable the Contractor to perform the Contract in accordance with the terms.

 

3.   No order which has       been accepted by the Contractor nor any quotation which has been accepted by the Customer except with the agreement in Writing of the Contractor and on terms that the Customer shall indemnify the Contractor in full against any loss (including loss of profit) costs (including the cost of all labour and material used), damages, charges and expenses incurred by the Contractor as a result of cancellation.

      

 

4.  Price of Services

1. The price of Services shall be the Contractor

quoted price. All prices quoted are valid for 60 days

only or until earlier acceptance by the Customer,

after which time they may be altered by the

Contractor without giving notice to the Customer.

2. The Contractor reserves the right, by giving notice

to the Customer at any time before delivery, to

increase the price of Services to reflect any increase

in cost to the Contractor which is due to any factor

beyond the control of the Contractor or any delay

caused by any instructions of the Customer or failure

 of the Customer to give the Contractor adequate

 information or instructions.

 

5. Terms of Payment

1. The Customer shall pay a deposit as requested by

 the Contractor before Works commence.

The deposit shall then be deducted from the final

balance after completion.

2. The balance will be due strictly 14 days after final

invoice.

The Customer shall pay the price stated in the Invoice

and may take advantage of any early settlement

discount offered by the Contractor. The time of

payment of the price shall be the essence of the

Contract. Receipts for paymentwill be issued only

upon request.

3. If a Customer fails to make any payment on the

due date then, without any prejudice to any other

right or remedy available to the Contractor, the

Contractor shall be entitled to:

 a)  Cancel the Contract or Suspend the Works

 b) Charge the Customer interest (both before and

   after any judgement) on the total invoice amount,

   at the rate of 10% per month until payment in full

   is made ( a part of a month being treated as a

   full month for the purpose of calculating interest)               

 

6.  Warranties and Liability

1. Subject to the Conditions set out below the Contractor

warrants that the Works shall be carried out with

reasonable care and skill and within a reasonable time

and will be free from defects in material and workmanship

for a period of 12 months from the completion of the 

Works, unless stated otherwise by the Contractor.

2.The above warranty is given by the Contractor

subject to the following conditions:

  a) The Contractor shall be under no liability

      in respect of any defect in the Goods arising

        from any drawing, design or specification

        supplied by the Customer.      

  b) The Contractor shall be under no liability in 

       respect of any defect arising from fair wear and

       tear, wilful damage, negligence, chemical spillage,

   colour fading, abnormal working conditions,

   failure to follow the Contractor instructions

   (whether oral or in writing), misuse or

   alteration or repair of the Goods without the

   Contractor approval

c) The Contractor shall be under no liability under

      the above warranty (or any other warranty,

      conditions or guarantee) if the total price for the 

      Goods has not be paid by the due date for

      payment.

3. Subject as expressly provided in these

Conditions, and where the Services are supplied to a person

dealing as a consumer within the meaning of

the Unfair Contract Terms Act 1977, all warranties,

Conditions or other terms implied by statute or

            common law are excluded to the fullest extent as

            permitted by law.

 

4.     4. Any claim by the Customer which is based on

any      defect in the quality or workmanship of the

            Services or their failure to correspond with the

            specification shall be notified to the Contractor

            within 14 days from the date of completion of

            Works or (where the defect was not apparent

            on reasonable inspection) within a reasonable

            time after discovery of the defect or failure.

            If the Customer does not notify the Contractor

            accordingly, the Customer shall not be entitled 

            to reject the Services and the Contractor shall

            have no liability for such defect or failure, and

            the Customer shall be bound to pay the price

            as if the Services had been supplied in

            accordance with the Contract.

5.     5. Where any valid claim in respect of any of the

            Services which is based on any defect in the

            quality or workmanship of the Services or

             their failure to meet specification is notified to the

             Contractor in accordance with these 

             Conditions, the Contractor Shall be entitled to

             make repairs free of charge or, at the

             Contractor’s sole discretion, refund to the

             Customer the price of the Services (or a

             proportionate part of the price), but the

             Contractor shall have no further liability to the

             Customer.

6.     6. Except as provided above the liability of the

            company shall not exceed the value of the Services.

 

eral7. General

1      1. Any notice required or permitted to be given

           by either party to the other party at it's registered

           office or principal place of business or such other

           address as may at the relevant time have been notified

           pursuant to this provision to the party giving notice.

        2. No waiver given by the Contractor of any breach of the

           Contract by the Customer shall be considered as a waiver

           of any subsequent breach of the same or any other

           provision.

        3. If any provision of these Conditions is held by any

            competent authority to be invalid or unenforceable in

            whole or in part the validity of the provisions of these

            Conditions and the remainder of the provision in

            question shall not be affected thereby.

        4. The Contract shall be governed by the laws of England

            and the parties submit to the exclusive jurisdiction of the

            English Court.