Terms and Conditions
TERMS AND CONDITIONS – Gurkha Cleaning and Laundry Service Limited
In these Terms and Conditions the following words shall have the following meanings:
“Company” means Gurkha Cleaning and Laundry Service Limited a company registered in England and Wales under company no. 09461365 having its registered office at 9 Orchard Place Business Centre, Comp Lane, Wrotham Heath, Kent, TN15 8QU
“Customer” the person, firm or company who accepts this Agreement, and whose name/address appears in this Agreement
“Force Majeure” means, including but not limited to, any act, event, non-happening, omission or accident beyond reasonable control and includes (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government
2. The acceptance/instruction of any work carried out by the Company as defined in this Terms and Conditions, shall include the terms specified herein. Any variation of this Terms and Conditions shall only be valid if expressly accepted by both parties in writing.
3. The Company shall carry out its work to the reasonable satisfaction of the Customer and shall provide the necessary staff and materials for this purpose, but shall not be responsible for the removal of oil, paint, varnishes or other similar substances, unless otherwise agreed in writing. The Customer shall provide free of charge all power, light, hot water and other facilities which may be required by the Company to carry out the work, including the safe storage of the Company’s materials and equipment.
4. Any concerns that the Customer has in respect of the work carried out by the Company must be brought to the attention of a senior person at the Company within 24 hours of such concern (except in the case of work carried out on Friday in which case the Customer’s concerns must be brought to the Company’s attention by 1200 noon on the next business day of the Customer) or such work will be deemed as acceptable.
5. These Terms and Conditions may be terminated by the Customer, by giving no less than 1 months’ written notice received at the Company’s Registered Office. Failure to give the required notice period may result in charges being levied for the shortfall in the notice period.
6. Work will be carried out in accordance with the days and times agreed, excluding Sundays and Public Holidays, unless expressly provided in the Quotation, or agreed thereafter by the Company and the Customer in writing.
7. When invoices are raised they are to be settled in full by the Customer within 30 days from the date of the invoice providing the 30 day credit agreement is fully completed, signed and accepted by the company. The Company reserves the right under section 69 of the County Courts Act 1984 to charge interest at the Bank of England base rate plus 8% a year from the date when the money becomes due to the date of judgment, or up to the date when it is settled. If you have not paid us within 30 days of the date of the invoice, you also agree to pay the court fees and interest on the amounts outstanding together with an administration fee of £80 on debts under £1,000 and £100 on debts over £1,000.
8. In all cases when a Customer fails to pay the invoice within 30 days from the date of the invoice and no prior agreement has been reached for payment, the Company reserves the right to withdraw its services without notice. If it is not possible to re-employ the staff elsewhere, any liability or claim resulting from the staff’s loss of employment shall be passed to the Customer.
9. According to the service delivered the Company may agree to supply all cleaning materials (except specialist cleaning materials) as necessary to perform the day to day cleaning. The cost of any cleaning materials or specialist machinery required to carry out periodic cleaning shall be agreed between the Company and the Customer before commencement of the work is carried out. All consumable products not included in this Terms and Conditions will be charged on delivery to the Customer.
10. The Company and the Customer warrant that they are insured for employer’s liability and public liability against third party risks. The Company’s employer’s liability and public liability as disclosed herein shall be valid for the period of this Agreement.
11. If at any time during the term of this Terms and Conditions there shall be an increase in the cost of wages, materials, or cost increase associated with a requirement to comply with any legislation from time to time or any other out-goings payable by the Company, the Company reserves the right to pass on such increase to the Customer by giving not less than four weeks notice in writing. In the event that the Customer does not agree to the increase in cost, the Customer must serve notice to terminate in accordance with the termination provisions set out above.
12. On the basis that the Customer and the Company acknowledge that TUPE and/or the Acquired Rights Directive applies under this Agreement, the Company reserves the right to amend the price agreed in the Quotation to include the cost of potential liability for the transferred staff. The Customer/or exiting contractor and the Company agree that the appropriate consultation and transfer of the employees will take place in line with the TUPE regulations.
13. In the event that a Customer’s premises should close during the term of this Agreement, and it is not possible to re-employ staff elsewhere, any liability or claim resulting from the staff’s loss of employment shall be passed to the Customer.
14. Neither the Customer nor the Company shall be liable for any failure to perform their obligations hereunder, if such failure results from a Force Majeure. In the event of a Force Majeure, the Company’s performance under this Agreement is deemed to be suspended for the period that the Force Majeure event continues, and the Company will have an extension of time for the duration of that period. The Company and the Customer will use their reasonable endeavours to bring the Force Majeure event to a close, or to find a solution by which the Company and the Customer’s obligations under this Agreement may be performed, despite the Force Majeure event.
15. The Customer shall be responsible for ensuring that all premises and all services supplied therein are safe for the Company’s employees, and will also ensure that First Aid Boxes are available and accessible at all times at such premises where the Company’s employees are working.
16. The Customer agrees not to, directly or indirectly, offer employment, consultancy or any other arrangement to any of the Company’s employees for the duration of this Agreement or for a period of 6 months thereafter, except with the express written permission of the Company. If the Customer breaches this clause the Customer agrees to pay the Company liquidated damages. The liquidated damages shall be one year’s salary and bonus of the Company’s employee for contracted cleaning staff and one month’s recurring invoiced charge.
17. Any notice to be served hereunder shall be in writing, and shall be deemed given when personally delivered, when sent by fax if confirmation of delivery is available, when sent by email if a delivery or read receipt is obtained, or 3 days after being sent by pre-paid First Class post to a corporate party’s registered office, or a non-corporate party’s last known business address, or such other address as a party last provided to the other given in accordance with the provisions of this Clause.
18. The Company may transfer, assign, charge, sub-contract the Company’s rights and obligations under its Agreement, whereas, the Customer may not transfer, assign charge or sub-contract any rights or obligations hereunder.
19. Any Agreement, Instruction or Service supplied by the Company represents the entire agreement between the Company and the Customer, and supersedes any prior agreement, understanding, or arrangement between the parties, whether oral or in writing. If any provision contained in this Agreement is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect.
20. Any Agreement, Instruction or Service supplied by the Company shall be governed by, and construed in accordance with, English law. Disputes arising in connection with this Agreement shall be subject to the exclusive jurisdiction of the English courts.