cibshygiene.com

1.      INTERPRETATION

1.1    In this Conditions:

“the Company” means CI Business Services Ltd

“the Customer” means  the person or company who purchase the Services or Goods

“the Service” means any service CI Business Services Ltd supplies to the Customer under the Contract.

“the Quotation” means the Company’s written quotation for the services or goods supply.

“the Agreement” means the contract for the provision of Service made between the Company and the Customer, including these Conditions

 “the Goods” means any items, units, equipment or other goods which CI Business Services Ltd supplies to the Customer under, or relating to an Agreement.

2.      GENERAL

2.1    These Conditions apply to all contracts for the supply of services or goods entered into by the Company. Neither the Customer nor the Company shall be bound by any variation or waiver of the Contract, except as agreed by both parties in writing and signed on their behalf.

3.      QUOTATION VALIDITY PERIOD 

3.1    This quote is valid for three months. The three months period commences from the date of this document. Quotations accepted after this period may require re-quoting.

4.       AGREEMENT STARTS DATE AND ACCEPTANCE OF TERMS AND CONDITIONS

4.1    Each separate agreement for washroom, cleaning, pest or supplies runs from the date that you:

(i)      signed it;

(ii)     sent it via e-mail (additions to existing customers)

          If none of these apply to you, the agreement starts when you start taking the service, supply.

4.2    The Customer’s request or order for services and/or goods is accepted by CI Business Services Ltd when all credits checks have been completed satisfactorily in accordance with condition 4.3.

4.3    CI Business Services Ltd‘s acceptance and formation of the Agreement is conditional upon satisfactory credit checks on the Customer, its directors, partners or principals as CI Business Services Ltd considers necessary. If such credit checks are not to CI Business Services Ltd’s satisfaction, CI Business Services Ltd reserves the right to request advance payment prior to installation. If payment is not received the installation will not proceed and the Agreement will be cancelled/ rejected (without liability).

5.      AGREEMENT TYPE

5.1    Washroom Service Agreement- Standard and green contracts have a minimum 3 year term. Loyalty contracts have a minimum 5 year term. All agreements require 3 months notice in writing prior to the anniversary date or at the end of any subsequent Term otherwise they will be extended for a further one year. In the event the Customer fails to provide notice in accordance within his condition, condition 7.1.2 shall apply.

PLEASE NOTE: For 1 year agreements – there will be an additional fee payable.

5.2    Cleaning/Pest Control/ Periodical Service Agreement - One year minimum agreement. Three months notice required in writing prior to the anniversary date or at the end of any subsequent Term otherwise agreement will be extended for a further one year. In the events the Customer fails to provide notice in accordance within his condition, condition 7.1.2 shall apply.

5.3    Supplies Service Agreement- All orders may be renewed prior to expiry of the initial Term. Three months notice required in writing prior to the anniversary date or at the end of any subsequent Term otherwise agreement will be extended for a further one year. In the events the Customer fails to provide notice in accordance within his condition, condition 7.1.2 shall apply.

6.      ACCOUNTS

6.1    All invoices to be paid in advance within 30 days from the date of the invoice.

6.2    If the Customer fail to make payments   CI Business Services Ltd reserves the right (without prejudice to its other right and remedies) to charge interest on all sums remaining unpaid after the due date, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 at the rate the of 8% over the current Bank of England base rate together with late payment charges as set out in the Act. (A part of the month being treated as a full month for the purposes of calculating interest.)

6.3    (without being in breach to the Customer) CI Business Services Ltd reserves the right to suspend services if invoices are not paid by the due date.  Services will be restored immediately after receiving outstanding payment amount in full.  During suspension charges will continue to be applied as usual.

7.      TERMINATION

7.1       In the event the Customer terminates the Agreement during the initial term pursuant to conditions 5.1, 5.2, 5.3, the Customer shall pay to CI Business Services:

7.1.1     All amount due that would have been payable under the agreed minimum term of the contract if the contract is cancelled before end of the agreed period.

7.1.2     In the events the Customer terminates the Agreement after the Initial term and fail to give notice or adequate notice in accordance with condition 5.1,5.2,5.3 the Customer shall pay forthwith to CI Business Services Ltd all amounts due and that would have been payable under the Agreement.

7.2       Upon termination of this Agreement howsoever arising:

7.2.1     All Goods remain the property of CI Business Services unless bought outright, and will be collected at the end of an Agreement;

7.2.2     The Customer shall forthwith make the Goods available for collection by CI Business Services in  good working order and condition (fair wear and tear excepted) to CI Business Services and be solely responsible for the cost of putting its premises back into their original condition;

7.2.3  If an Washroom Agreement terminates within first 13 months the Customer shall, without prejudice to CI Business Services’ other rights and remedies, pay to CI Business Services on demand the cost of loss or repairs  (fair wear and tear excepted);

         8.       SERVICE

8.1    The Company shall carry out with reasonable skill and care the Services for the Customer as described in the Quotation and in the accompanying specification if supplied

8.2    In respect of Washroom Agreement only:

8.2.1     Units will be repaired or replaced free of charge if any are faulty or a health & safety hazard.  Units damaged or lost due to vandalism, negligence or wilful misuse will incur additional cost to the Customer. The additional costs will include new units and installation.  CI Business Service will replace faulty units within 2 weeks, subject to materials’ availability;

8.2.2     Services may be carried out up to three days either side of the scheduled service date;

8.2.3   Additional service requested by the customer will be carried out within 48 hours free of charge unless repeated within 12 months. In this situation CI Business Services will advise change of agreement (frequency). If the customer does not agree to the agreement change CI Business Services will charge for every additional service at the rate specified as the standard delivery rate;

8.2.4     The customer should request in writing within 7 days of the free trial period expiring to remove all hygiene service units on trial otherwise those units will automatically be included in a service agreement;

8.2.5     CI Business Services reserves the right to charge  £30.00 for a waste transfer note per site per annum.

8.2.6     Warm Air Dryers: service costs are based on electrical spurs already being in place otherwise additional wiring costs may be incurred.

8.3    In respect of Cleaning Agreement only;

8.3.1     CI Business Services reserve the right to charge for the additional service provide on bank holidays. Monthly invoices are not reduced for shutdowns over holiday periods e.g. Easter, Christmas and New Year;

8.3.2     One off customer requests for additional duties will be subject to an extra charge to cover the additional cleaner(s) and management time. Cost ex vat: 1st hour £25.00  2^nd and subsequent hours £15.00 only;

8.3.3     A duplicate set of keys is required in case of emergencies and illness.

8.4    In respect of Supplies Agreement only;

8.4.1     Free on loan dispensers are provided as part of the standing order agreement. Should the customer breach the standing order within the 12 months of the agreement start date then CIBS reserve the right to charge for the installation of and the cost of the dispensers. A minimum charge of £25 per dispenser will be applicable;

8.4.2     All Delivery Dates are approximate only and time for delivery shall not be of the essence unless previously agreed by the Supplier in writing;

8.4.3     If the Customer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Supplier shall be entitled upon giving written notice to the Customer to store or arrange for the storage of the Goods and then notwithstanding the provisions of risk till the Goods shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to the Supplier all costs and expenses including storage and insurance charges arising from such failure;

8.4.4     Complaints about loss or damage to goods must be made in writing to Unit 1, 20-22 Union Road, London, SW4 6JP within three days of receipt of goods.  Claims for non-delivery must be made in writing within ten days of date of notification of despatch.  No claims can be entertained unless these conditions are fulfilled.

8.4.5     The Supplier shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow the Supplier’s instructions (whether given orally or in writing), misuse or alteration of the Goods without the Supplier’s prior approval, or any other act or omission on the part of the Customer, its employees or agents or any third party

8.4.5     Risk of damage to or loss of the Goods shall pass to the Customer:

(i)      in the case of Goods to be delivered at the Supplier’s premises, the time when the Supplier notifies the Customer that the Goods are available for collection;

(ii)     in the case of Goods to be delivered otherwise than at the Supplier’s premises, the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Supplier has tendered delivery of the Goods;

(iii)    in the case of Goods being installed by the Supplier, the time that the Supplier notifies the Customer that the installation is complete.

9.      PRICE

9.1    The price for the Service/Goods shall be the price set out in the Agreement and is exclusive of any value added tax which shall be added to the sum in quotation.

9.2    CI Business Services Ltd reserves the right, to amend Agreement price of the Goods and/or Services to reflect any increase in the cost to the Supplier which is due to any factor beyond the control of the Supplier (including, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods and services which are requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate information or instructions.

 

9.2.1     In respect of Cleaning/Pest Control/Periodical Service Agreement only;

(i)      by giving written notice to Customer prices are adjusted on annual basis in October

9.2.2     In respect of Washroom Agreement only;

(i)      by giving written notice to Customer prices are adjusted on the Anniversary date unless fixed contract has been signed. If the contract rolls over into subsequent years then CI Business Services Ltd will review the agreement pricing and adjust as required.

9.2.3   In respect of Supplies Agreement only;

(i)      prices are adjusted any time without prior notice

10.    LIABILITIES & QUALITY CONTROL

10.1 CI Business Services Ltd has £10 000 000 public liability insurance and £1,000,000 fidelity  cover e.g. misuse of telephones, although this can be increased on a contract by contract basis as required. Loss of keys cover is up to £25,000.

10.2 CI Business Services’ liabilities for all other loss or damage suffered by the Customer in any 12 month period and caused by an act or omission of CI Business Services, its employees or sub-contractors shall not exceed the sum actually paid by the Customer to CI Business Services during that 12 months.

10.3 CI Business Services shall not be liable in any way for any loss of profits, nor shall it be liable for any indirect, consequential or special loss or damage howsoever caused and arising from the Customer’s use or possession of the Goods or benefit from the services provided by CI Business Services.

10.4 Neither party shall be liable for any delay or failure to comply with its obligation under this Agreement where such failure or delay is occasioned by any event beyond its reasonable control, including but not limited to acts of God, tropical storms, flood, fire, riot, war, inclement weather, strikes, induction action or any other reason or .

10.5 Nothing in these Terms shall exclude or limit CI Business Services’ liability for death or personal injury caused by CI Business Services negligence or its liability for fraudulent misrepresentation.

10.6 CI Business Services Ltd will normally only use suppliers and partners whose quality

has been assured to ISO 9001: 2000 by a DTI accredited certification body.

All existing approved suppliers and partners are monitored on a continuous basis.

11.    EMPLOYMENT

11.1          In the event of an agreement terminating customers are prohibited from employing CI Business Services Ltd staff directly for a period of 2 years.

11.2 Customers are not permitted to employ CI Business Services Ltd employees for work outside of the agreement without paying 25% of their annual salary.

12.    JURISDRICTION

12.1 This Agreement and these Terms shall be construed in accordance with English Law, and shall be subject to the exclusive jurisdiction of the courts of England.