TERMS AND CONDITIONS
TERMS AND CONDITIONS OF BUSINESS UNDER WHICH AN ADEPT CLEANING GROUP QUOTATION IS SUBMITTED AND ANY SUBSEQUENT ORDER ACCEPTED
The acceptance of this Quotation shall include the following Terms and Conditions. Any variation to the Terms and Conditions shall only be valid if expressly accepted by Adept in writing.
1. PRICE AND PAYMENT
(a) Adept shall invoice the Customer monthly, in advance. The first invoice will be submitted at the start of a contract and subsequently at the beginning of each month. Invoices will be 12 equal monthly amounts of the agreed yearly sum. Accounts will be rendered and are due and payable within 30 days of the commencement of each monthly period. If payment is not made within these terms Adept reserves the right to discontinue further work for the Customer.
(b) Adept guarantees to maintain its prices for a period of one year, subject to no changes in legislation with regard to holidays or minimum wage or other factors beyond Adept's control which may have an impact on Adept's costs and further subject to there being no modifications or alterations to the contract or the work to be provided by Adept which are requested by the Customer. Thereafter the Contract value will be reviewed by Adept and the Customer shall be given one month’s prior written notice of any change to the Contract value.
2. OBLIGATION OF CUSTOMER
The Customer shall: (a) Pay the contractual price and any other sums due in accordance with the Terms and Conditions; (b) Ensure that the Customer's premises comply with all relevant Health and Safety -requirements; (c) Notwithstanding any other provisions, if the Customer engages, whether on a contract of service or for services, any cleaner or cleaning supervisor provided to the Customer by Adept within a period of six months of the date when the cleaner or cleaning supervisor last provided services to the Customer under this contract then Adept reserves the right to charge an introduction fee of five times the cleaner’s or cleaning supervisor’s salary and other benefits paid by Adept in the last full month of the cleaner’s or cleaning supervisor’s employment with Adept; (d) Provide, free of charge, all lighting, heating, hot water, lockable storage for stock materials and cleaning equipment and any facilities which may reasonably be required by Adept; (e) Indemnify Adept in respect of any injury, death or damage suffered by Adept or any of its employees, servant or agents which is attributable to the Customer’s negligence, default or non-compliance with any contractual or legal obligations. (f) Communicate any special instructions or complaint regarding Adept’s performance by notice in writing within 48 hours of the complaint arising or in sufficient time to allow the special instruction to be complied with, (g) if it requires the removal of any Adept personnel indemnify Adept in respect of Adept’s compliance with such request if such request is not found to be based on valid performance or service level complaints.
3. OBLIGATION OF ADEPT
Adept shall: (a) Keep in force policies of insurance covering Employers Liability (indemnity unlimited) Public Liability (indemnity up to the maximum claim not exceeding £2,000,000); (b) Upon receipt of any notice under paragraph 2 (f) take all necessary action, without cost to the Customer, to investigate and rectify the complaint; (c) Carry out the work to the reasonable satisfaction of the Customer and, provide all necessary staff and materials for this purpose, but not be responsible for the removal of oil, paint, varnishes or other similar substances unless otherwise agreed in writing; (d) In the event of the loss of a key entrusted to Adept, be responsible only for the cost of replacement of the key and not for any other consequential costs, which should be covered under Customer’s own insurance; (e) Accept no responsibility in connection with the operation of any alarms or security devices at the Customer’s premises. The operation of such equipment by Adept's employees or self employed persons is a matter of goodwill to assist the Customer.
4. TERMINATION
Subject to paragraph 1 (a) above, the Contract is to run continuously unless and until determined by not less that one month’s notice given by either party to the other. If the Customer terminates the Contract without proper notice the Customer shall be liable immediately to compensate Adept by the payment of one month’s charges as calculated by Adept based on the average for the previous three months’ invoices in lieu of such notice.
5. FORCE MAJEURE
(a) If Adept is prevented by the Customer, its servants or agents from carrying out the work Adept shall be paid as if the work had been undertaken; (b) A failure by Adept to perform its obligations under this Contract by reason of fire, explosion, accident, industrial dispute or any other cause outside Adept's control will not absolute the Customer from making payment to Adept.
6. TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006 (“TUPE”)
(a) Before providing the quotation Adept shall request details relating to all employees affected by TUPE. On the basis that the details provided are complete then Adept will rely upon the information provided and a quotation prepared accordingly.
(b) Provided that the employment information given by the Customer or its agent is accurate and complete Adept agrees with the Customer to accept full responsibility for all claims which may arise against or be inherited by Adept at the start of or during this contract pursuant directly or indirectly to the operation of TUPE.
(c) The Customer shall indemnify Adept for all costs, losses, damages or other liabilities incurred or suffered or inherited by Adept at any time, as a result of any of the said employment information being incomplete or misleading.
