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Filta operates a business providing drain and pipe cleaning and maintenance and other associated services both itself and via a network of franchisees who are licensed to provide the services. In this document references to “we”, “us” or “our” are to the company, firm or individual (as specified overleaf) who you have requested to carry out drain cleaning and/or associated services (the “Services”) and/or to supply associated goods (the “Goods”). References to “you” or “your” are to the company, firm or individual who has requested us to provide the Goods and/or Services (together the “Work”). References to a “Consumer” have the same meaning as set out in the Consumer Rights Act 2015.
This document sets out the terms of sale of the Work and supersedes any previously issued terms and conditions. All Work is provided and accepted on these terms and you agree that these terms form part of the contract between us for the provision of the Work (the “Contract”). Any variation to these terms should be notified to us and agreed by us in writing before you issue any instructions to us to carry out any Work.
If we have issued a quotation for any Work then you have a reasonable period in which to accept the quotation provided that in any event it will be deemed to be withdrawn 90 days from the date of issue.
Subject to paragraphs 5 and 7 below you may not cancel the Contract without our consent which if given will be deemed to be on the basis that you shall be liable to us for the loss of profit and such other reasonable and foreseeable loss as we may suffer as a result of such cancellation (such as, without limit, travel and time costs incurred by us prior to cancellation) and such damages shall be paid by you upon such cancellation. We shall use reasonable endeavours to reduce any such damages by an amount to reflect any replacement contract which we are able to carry out as a result of cancellation.
4. THE WORK
The Work to be carried out is as specified in our quotation or as agreed between you and us in writing and if at any time your requirements alter then you should provide us with written details as soon as you become aware that your requirements have changed.
5. PROVISION OF WORK
We will do all that we reasonably can to provide the Work within the agreed timescale (or if none has been agreed, within a reasonable timescale) however we cannot be held responsible for delays due to weather, strikes, lock outs, industrial disputes, acts of God or other circumstances beyond our reasonable control. If the work is not provided within a reasonable timescale then you will be able to cancel the Contract without penalty. If you are a Consumer, you agree that the Work may begin within 14 days from the date of issue of these terms
6. INSPECTION OF WORK
You should inspect all Work as soon as reasonably possible after its completion. If you notice any defects in the Work then you should notify us as soon as reasonably possible and give us permission to and allow us access to inspect the Work.
7. THE PRICE
The price payable by you is as set out in our quotation or, if none is issued, it will be calculated at our standard charging rates (details of which are available upon request). If, after we have agreed to carry out any Work for you, the cost to us of carrying out the Work increases by reason of any increase in the cost of materials and/or labour and/or any other factor outside our control then we may increase the price of the Work save that if you are a Consumer and are unhappy with the proposed increase then you will have a reasonable opportunity to cancel the Contract without penalty.
We will send you an invoice once the Work has been completed. Unless we agree otherwise, payment must be received by us within 30 days of the date of the invoice. We will exercise our statutory right to claim interest and compensation for debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 as amended from time to time if we are not paid according to agreed credit terms. If you pay by cheque and your bank refuses to pay on it then we may charge you for any costs which we incur directly as a result of such refusal (such as bank charges). You shall not withhold or reduce the amount payable by you to us under the Contract on account of any complaint unless such complaint has been notified to us in writing and, in any event, you shall only withhold or reduce the amount payable by a reasonable amount.
9. RELEVANT FACTS
Prior to us commencing the Work you shall notify us of all relevant facts which may be connected with the Work, for example (but not limited to), potential hazards, adverse working conditions and access rights which are required to carry out the Work and of any steps which are necessary to deal with such facts.
10. EXCLUSION OF LIABILITY
Following completion of the Work, the quality of the Work can be affected by natural conditions which are beyond our control such as (but not limited to) subsidence, slippage and erosion. We will not be liable for any loss, damage or expense arising directly or indirectly out of or in connection with such natural conditions or from any pre-existing structural defects. If our performance of our obligations under the Contract is prevented or delayed by any act or omission of you or your agents, subcontractors, consultants or employees, we shall not be liable for any costs, charges or losses sustained or incurred you arising directly or indirectly from such prevention or delay and shall be paid as if the work had been undertaken. Nothing in these terms limits or excludes our liability for death or personal injury resulting from negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the fullest extent permitted by law and, in any event, to the price paid for the Work.
11. FROZEN AND FRACTURED PIPES
If you have requested that we clear any blockage in a frozen or fractured pipe then we will use all reasonable endeavours to clear such blockage but if we are unsuccessful then we shall not be liable for any losses suffered by you as a result except where we are negligent.
12. WORK GUARANTEE
We guarantee, for a period of 28 days from completion of the Work, that all Goods shall be of satisfactory quality and reasonably fit for the purpose for which they were supplied and all Services shall be carried out with reasonable care and skill.
Please note that this guarantee does not apply where the defect arises from fair wear and tear, failure to follow our instructions, your negligence or your misuse or alteration of the Goods without our approval. Please note that this guarantee only applies to drains comprised in the Work and once payment in full has been made for the Work.
If we are in breach of the above guarantee then we will at our option either refund the price attributable to the faulty Work or repair, rectify or replace the faulty Work. In addition to the above guarantee, where any Goods are not manufactured by us then we will do all that is reasonably possible to assist you in obtaining the benefit of any warranty given by such manufacturer in respect of such Goods.
Nothing in this guarantee shall affect your statutory rights. If you have any doubts as to your statutory rights then you should contact your local Trading Standards Department or Citizens Advice Bureau.
13. YOUR RESPONSIBILITIES
Unless otherwise agreed in writing you shall be responsible for the removal from site of deposits extracted by our operators from drainage, pipework or sewer systems. You shall be responsible for the provision and cost of all necessary power and a clean water supply from the mains or fire hydrant to enable us to carry out the Work (our units are normally equipped with hydrant, stand- pipes and keys).
14. DAMAGE TO EQUIPMENT
If as a result of your negligence, we incur any loss or expense as a result of any damage to any of our equipment then we will seek to recover such losses and expenses from you.
Any waiver of any of the terms of our Contract is only effective if it is in writing and it will apply only to the circumstances for which it is given. Any waiver by us in exercising our rights will not restrict us from exercising any of our rights at a subsequent date. Save as set out in clause 15 d) below, the Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales. Save as set out in clause 15 d) below, you and we irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter or formation (including non-contractual disputes or claims). If the work is carried out in Scotland, the Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of Scotland and the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter or formation (including non-contractual disputes or claims).
NON CONSUMER TERMS
If you are not a Consumer then the following conditions shall apply in addition to those conditions set out above (provided that if there is any conflict between any condition set out above and any set out below then the latter shall prevail):
The Contract sets out the entire agreement between you and us and supersedes all earlier agreements, representations and arrangements with respect to the subject matter hereof and each party warrants to the other that it has not relied on any representation other than as expressly set out in the Contract.
2. PROVISION OF WORK
Dates and times specified for the provision of Work are estimates only and time shall not be of the essence of the Contract.
3. INSPECTION OF WORK
We will not be liable for non-provision of Work or failure to provide Work which is free from any apparent defects unless the same is notified to us within 7 days of the anticipated commencement date of the Work or the date of completion if later.
Payment shall be made in full without any deduction, legal or equitable set off or abatement on any grounds. We may appropriate any payment made by you to any outstanding invoice. Time of payment shall be of the essence.
5. RELEVANT FACTS
If any hazardous or dangerous materials are present on the premises where the Work is to be carried out then you shall provide suitable cleaning facilities and, if circumstances require, a qualified and competent safety adviser. You shall also notify us in writing of any special requirements laid down by the factory inspector or similar authority. You shall make all necessary arrangements with the proper traffic authorities for adequate traffic controls and signals required to enable us to carry out the Work safely. If you fail to comply with your obligations under paragraph 5 here and above then we will be entitled to suspend provision of the Work until we are satisfied that you have complied with your obligations and you shall be responsible for all losses (including without limit loss of profits), damage and expenses (direct, indirect or consequential) arising out of such failure.
6. EXCLUSION OF LIABILITY
We will not be liable to you in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, (i) for any economic loss of any kind whatsoever, including without limit loss of profit, business contracts, revenues or anticipated savings, or (ii) for damage to your reputation or goodwill, or (iii) for any loss resulting from any claim made by any third party, or (iv) for any special, indirect or consequential loss or damage of any nature whatsoever. Except as expressly stated in these conditions all other conditions, warranties, or other undertakings in respect of the Work are excluded from the Contract so far as is permitted by law.
7. YOUR RESPONSIBILITIES
You shall provide at your own cost such suitably qualified and experienced additional labour as we may reasonably require to enable us to provide the Work. If requested you shall also provide access equipment such as scaffolding to enable us to provide Work
8. GENERAL You shall not assign or sub-contract any of your rights or obligations under the Contract.