FALCONRY SERVICES PEST CONTROL LTD GENERAL TERMS AND CONDITIONS
1. GENERAL OBLIGATIONS
FALCONRY SERVICES (FS) shall carry out the services or works as specified.
The client shall:
Provide access for FS representative to carry out its services at any reasonable time or as specified. Provide all facilities at the premises that FS may reasonable require to carry out their services.
Permit FS to make a charge at the normal hourly rate for any wasted journey due to failure to observe an appointment, delays in carrying out the work or cancellation as a result of the clients’ failure to allow access, or provide proper instruction.
A person who is not a party to this agreement has no right under the contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
2. LIABILITY
Nothing in this agreement affects the statutory rights of a consumer. Subject thereto all representations, warranties, guarantees and conditions express or implied, statutory or otherwise are expressly excluded and FS does not accept liability for loss, damage, or injury howsoever arising save
As specified in this clause below:
Personal injury or death, which is a direct result of FS negligence in the course of carrying out the services; and
Physical damage to property which is the direct result of FS negligence in carrying out the services up to a limit of £25,000 for any one occurrence or series of occurrences arising out of one event; and The Client shall not be entitled to make any claim against FS or its employees unless it gives FS written notice of the event giving rise to such a claim, containing sufficient information for it to be identified and investigated by FS within 28 days of the date which the client becomes or ought reasonably to have become aware of the occurrence of such a event.
FS shall in no circumstances have any liability for loss of profit, use or business interruption or other indirect economic or consequential loss or damage.
3. FORCE MAJEURE
If FS is prevented or delayed in the performance of any of its obligations under this agreement by circumstances beyond its control, then shall be excused the performance or the punctual performance of the services as the case may be for so long as such cause of prevention or delay shall continue.
4. ASSIGNMENT
The client may not assign this Agreement without the prior written consent of FS.
5. OWNERSHIP AND RISK IN GOODS SOLD
Risk of damage to or loss of any Equipment supplied shall pass to the client at the time of delivery.
Notwithstanding delivery and the passing of risk in any equipment supplied, or any other provision of these conditions, the property or the equipment shall not pass to the client until FS has received in cash or cleared funds payments in full of the price of the equipment and all other equipment or services agreed to be sold by FS to the client for which payment is then due.
Until such time as the property of the equipment passes to the client, the client shall hold the equipment as FS fiduciary agent and bailee and shall keep the equipment separate from that of the client and Third Parties and properly stored, protected and insured and identified as FS property but the client shall be entitled to use the equipment in the ordinary course of its business.
Until such time as the property in the equipment passes to the client and provided the equipment is still in existence, FS shall be entitled at any time to require the client to deliver up the equipment to FS and if the client fails to do so forthwith, to enter upon any premises of the client or any third party where the equipment is stored and dismantle and repossess the equipment.
FS will exercise all reasonable care in removing its property from any premises but will not be responsible for restoring walls and services of those premises to their original state.
6: HEALTH AND SAFETY
The client will take all reasonable steps to ensure that advice and instructions given by FS to protect the health and safety of persons using the premises during and after the provisions of the services are followed.
7. VARIATIONS
No variations, extensions, exclusions or cancellation of this Agreement shall be binding (unless terminated in accordance with these terms) unless it is confirmed in writing by an authorized officer of FS.
8. SEVERANCE
If any term or provision in this Agreement is or shall become in whole or in part illegal, invalid or unenforceable, the legality, validity and enforceability of the remainder of the Agreement shall not be affected or impaired thereby.
9. SET OFF
The client shall not be entitled to withhold payment of monies due under this Agreement by reason of any claim or counterclaim it may have or alleges to have against FS or otherwise which is not related to the service.
10. ANNUAL CONTRACT TERMINATION
Where no fault/complaint has been reported in writing to FS, early termination of any annual contract 3 months notice must be given in writing, Where less than 3 months is left to run the cancellation date will be the same as that of the annual contract date end.
11.All quotations are valid for a period of three months
12. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the Client and FS.
The Client shall not be entitled to rely on or to seek to rely on any statement, warranty or representation made by or on behalf of FS to the extent that such representation is inconsistent with these Conditions nor any advice or recommendation given by or on behalf of FS as to the supply of the services unless confirmed in writing by FS.
These Terms and Conditions (and such other terms and conditions as FS may stipulate or agree in writing) shall prevail over any inconsistent terms which may appear on the clients enquiry, order or other documents received by FS from the client or which may be implied by law or trade, custom, practice or a course of dealing between the parties, all of which are hereby expressly excluded. All orders are accepted and executed on the understanding that the client is bound by these conditions. |
