1   Name of supplier

Hayward Services Limited of 1 Warren Parade, Rochford Gardens, Slough, Berkshire, SL2 5XP (company number. 04975203) ('we' or 'us' in these terms and conditions) shall be supplying the goods or services to you.

2   What is to be provided to you by us

We and you have agreed that we will supply to you the goods and/or services described in the order confirmation attached to these terms.

3   Price (and VAT)

The price for the items is as stated on the order confirmation and is exclusive of VAT. The price for services will include all supervision, labour, cleaning materials and equipment, unless otherwise specified in the order confirmation. Computer and similar types of equipment will only be cleaned by special arrangement at an agreed additional cost.

4   When payment is to be made

You will need to make payment within thirty 30 days after you receive our invoice. Regular cleaning services will be invoiced monthly. In the event of late payment, we may (i) charge interest on the amount outstanding before and after judgment at the rate of four per cent (4%) above the base rate of Lloyds TSB Bank Plc in force from time to time from the due date until payment, (ii) require you to make payment in advance of any deliveries not yet made or services not yet supplied and (iii) not make any outstanding deliveries or cease to provide the services.

5   Delivery

Delivery of the items and the means of delivery will be as stated on the order confirmation. Risk in the goods shall pass to you on delivery.

6   When delivery will be made

Our aim is to deliver the goods or perform the services within 30 days of acceptance of your order. It will not always be possible to do this, and we and you agree that we cannot guarantee we will deliver the goods or perform the services within 30 days. Cleaning services will not be provided on statutory bank holidays except on special request at additional cost.

7   Contact details

7.1  Our address is 1 Warren Parade, Rochfords Gardens, Slough, Berkshire, SL2 5XP. Our telephone number is 01753 533335.

7.2  Complaints or comments. If you have any complaints about the goods or services or any aspect of the way we have dealt with your order please contact Derek Simpson, General Manager, either by writing to the address given in Paragraph 7.1, by email to office@haywardservices.co.uk or by telephone (01753 533335).

7.3  Returns. If you wish to return items ordered, letters or other communications should be addressed to Sonal Townsend, Office Manager, either by writing to the address given in the Paragraph 7.1, by email to office@haywardservices.co.uk or by telephone 01753 533335.

8   Alternative goods or services

From time to time it may not be possible to supply the items that you have ordered. If this occurs, we will provide substitute items of an equivalent quality and price to those we are unable to provide. If you choose to cancel the contract, we will pay the cost of returning the substitute goods.

9   Guarantee

We provide the following guarantee for the product that you have ordered from us: we guarantee that the product will be free from any defects for 12 months from the date of purchase. If the product has a defect within this period, you can choose whether to have it replaced or repaired, subject to the following sentence. If the defect is minor in our reasonable opinion, and you selected to have the product replaced, we reserve the right to repair the item instead of repairing it. Your statutory rights are not affected by this guarantee.

10   Ownership of goods

We shall own the goods until we have received payment in full from you, even though the goods may have been already delivered to you. Where you have paid by cheque or credit or debit card, 'payment in full' means that the funds have reached our bank account.

11   Acceptance of orders

12   Limitation of liability

For goods

12.1  If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.

12.2  If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.

12.3  If you notify a problem to us under this condition, our only obligation will be, at your option:

12.3.1 to make good any shortage or non-delivery;

12.3.2 to replace or repair any goods that are damaged or defective; or

12.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 12.3.3 above

12.4  Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

For services

12.5  We aim to carry out the services with reasonable care and skill. If any part of the services is performed negligently or in breach of the provisions of this contract then, on your request, we will re-perform the relevant part of the services. We will not be liable to re-perform any part of the services which we have performed negligently or in breach of this contract unless you notify us in writing to our contact address.

12.6  Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the price you have paid us.

12.7  Except to the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the contract on our part and we shall have no liability to pay any money to you by way of compensation other than to refund to you the price you have paid to us.

13   Termination

13.1  Either party can terminate this contract at any time by giving sixty (60) days’ prior written notice to the other.

13.2  We may terminate this contract on written notice to you if:

13.2.1 you are in breach of this contract and in the case of a breach capable of remedy, the breach is not remedied within thirty (30) days of you receiving notice of the breach from us; or

13.2.2 an order is made against you for the purposes of liquidation or bankruptcy or any arrangement is made with your creditors.

14   Our employees

During the term of this contract and for a period of twelve (12) months thereafter, if you employ a member of our staff, you agree to pay an amount equal to thirteen (13) weeks’ salary for the employee unless you have our prior written agreement.

15   Entire agreement

These terms and conditions, together with our order confirmation, set out the whole of our agreement relating to the supply of the goods and services to you by us. Nothing said by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

16   Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

17   Law and jurisdiction

The validity, construction and performance of this contract shall be governed by English law and shall be subject to the non-exclusive jurisdiction of the English courts to which you and we submit.

18   Third parties

For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this contract this is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.