Full Corporate Registered Address details (not postal address) and company number below.
The following expressions shall have the following meanings:
1.1 “Supplier” means Paul Michael Limited of 16 Church Street Witham Essex CM8 2JL
- “Customer” means any person who purchases Services and/or Products from the Supplier;
- “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
- “Proposal” means a statement of work, estimates, quotations or other similar document describing the Services and/or the Products;
1.5 “Services” means the services as described in the Proposal and include any materials required to complete the work;
1.6 “Products” means any products supplied by the Supplier to the Customer;
1.7 “Terms and Conditions” means the terms and conditions of supply of Services and/or Products set out in this document and any subsequent terms and conditions agreed in writing by the Supplier;
1.8 “Order” means the formal acceptance by the Customer of the Proposal;
1.9 “Agreement” means the contract between the Supplier and the Customer for the provision of the Services and/or Products incorporating these Terms and Conditions.
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services and/or Products by the Supplier to the Customer and shall supersede any other documentation or communication between the Supplier and the Customer.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services and/or Products, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3.1 The Proposal for Services and/or Products is attached to these Terms and Conditions.
3.2 The Proposal for Services and/or Products shall be valid on the date of issue of the proposal unless agreed by the supplier in writing.
3.3 The Terms and Conditions attached to the proposal for services and / or products are available for inspection on www.mailservices.co.uk. By accessing the website, you confirm your agreement to be bound by these Terms and Conditions.
3.4 The Proposal must be accepted by the Customer in its entirety.
3.5 The Customer shall be deemed to have accepted the Proposal by placing an Order with the Supplier.
3.6 The Agreement between the Supplier and the Customer, incorporating these Terms and Conditions, shall only come into force when the Supplier confirms an Order in writing to the Customer. Prior to any confirmation the Supplier has the right to refuse any Order.
4 SERVICES, PRODUCTS AND DELIVERY
4.1 The Services and/or Products are as described in the Proposal.
4.2 Any variation to the Services and/or Products must be agreed by the Supplier in writing.
4.3 Any drawings, descriptions or specifications contained in advertising material, brochures or catalogues issued by the Supplier are for the sole purpose of giving an approximate idea of the Products and/or Services and will not form part of any Agreement unless otherwise agreed in writing by the Supplier.
4.4 The Services and/or Products will be delivered between the hours of 09.00 hours to 17.00 hours Monday to Friday The Supplier may vary these times by intimating in writing details of the change to the Customer.
4.5 Dates given for the delivery of Services and/or Products are estimates only and not guaranteed. Time for delivery shall not be of the essence of the Agreement and the Supplier shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery.
5 PRICE AND PAYMENT
5.1 The price for Services and/or Products is as specified in the Proposal and is exclusive of VAT and any other charges as outlined in the Proposal.
5.2 The price for any materials required to complete the Services is as specified in the Proposal.
5.3 The terms for payment are as specified in the Proposal.
5.4 The Customer must settle all payments for Services and/or Products within 30 days from the invoice date.
5.5 The Customer will pay interest on all late payments at a rate of 10% per annum above the base lending rate of HSBC Bank Plc.
5.6 The Supplier is also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer where any payment due to the Supplier is late.
5.7 The Customer is not entitled to withhold any monies due to the Supplier.
5.8 The Supplier is entitled to vary the price to take account of:
5.8.1 any additional Services and/or Products requested by the Customer which were not included in the original Proposal;
5.8.2 any increase in the cost of materials;
5.8.3 any additional work required to complete the Services which was not anticipated at the time of the Proposal;
and any variation must be intimated to the Customer in writing by the Supplier.
6 CUSTOMER OBLIGATIONS
6.1 The Customer will provide access to the Supplier at the times specified in these Terms and Conditions and will co-operate with all reasonable requests by the Supplier.
6.2 The Customer will provide electricity, water and toilet facilities to the Supplier for the purpose of completing the Services.
6.3 The Customer will apply for, obtain and meet the cost of all necessary approvals and permissions required to complete the Services prior to the commencement of the work.
6.4 The Customer will take all reasonable steps to ensure that the Supplier does not sustain any damage or loss to any equipment stored on site.
6.5 The Customer shall be liable for any expenses incurred by the Supplier as a result of the Customers failure to comply with the obligations as defined by these Terms and Conditions.
6.6 The Customer shall be responsible for all waste management and disposal in the course of providing services and products by the supplier.
7 SUPPLIER OBLIGATIONS
7.1 The Supplier shall supply the Services and/or Products as specified in the Proposal.
7.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice.
7.3 The Supplier shall hold valid employer and public liability insurance policies.
8.1 The Customer may not cancel an Order for Services and/or Products. The supplier may at its discretion refund any monies paid by the customer in part or in full subject to deduction of an administration charge.
9.1 In addition to the Customer’s statutory rights, the Supplier guarantees that the Services and/or Products will be free from defects in materials and/or workmanship for a period of 90 days from the date that the Services and/or Products were supplied.
9.2 Clause 9.1 does not apply:
9.2.1 if a fault arises due to any subsequent damage not due to a defect in the Services and/or Products after risk has passed to the Customer;
9.2.2 if a fault arises due to willful damage, failure to follow instructions, misuse, alteration or unauthorised repair, improper maintenance or negligence on the part of the Customer or a third party.
9.3 If the Services and/or Products are found to be defective in accordance with these Terms and Conditions then the Supplier shall, at their sole discretion, either repair, re-perform or replace the Services and/or Products or refund any monies paid for the defective Services and/or Products.
9.4 Where the Services and/or Products are defective or do not comply with the Agreement the Customer must notify the Supplier in writing within 24 hours from the date of delivery.
9.5 If the Customer has not paid for the Services and/or Products in full by the date the defect in Services and/or Products is notified to the Supplier then the Supplier has no obligation to remedy the defect in terms of this Clause 9.