Standard Service Terms and Conditions

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BACKGROUND: 

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These are the standard terms and conditions for the provision of services by Pure Maintenance UK Ltd, a private limited company registered in England under number 10875089,whose registered address is 27 Alvis Way, Royal Oak Industrial Estate, Daventry, NN11 8PG.

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  1. Definitions and Interpretation

 

  1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

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“Calendar Day”

means any day of the year;

“Contract”

means the contract for the provision of Services, as explained in Clause 3;

“Deposit”

means an advance payment made to Us under sub-Clause 5.4;

“Estimate”

means Our written, non-binding, approximation of the costs for providing the Services;

“Price”

means the price payable for the Services;

“Services”

means mould remediation services and/or any other services which are to be provided by Us to you as specified in your Order and confirmed in Our Estimate;

“Order”

means your order for the Services;

“Order Confirmation”

means Our acceptance and confirmation of your Order as described in Clause 3, usually issued by email on receipt by Us of the Deposit and signed Estimate;

“We/Us/Our”

Means Pure Maintenance UK Ltd, a private limited company registered in England under number 10875089,whose registered address is 27 Alvis Way, Royal Oak Industrial Estate, Daventry, NN11 8PG.

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  1. Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.

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  1. Information About Us

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  1. Pure Maintenance UK Ltd is a private limited company registered in England under number 10875089,whose registered address is 27 Alvis Way, Royal Oak Industrial Estate, Daventry, NN11 8PG.

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  1. Our VAT number is 374302021.

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  1. The Contract

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  1. These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.

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  1. Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents, or any verbal communication, constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.

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  1. A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation provided in writing (email). 

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  1. We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:

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  1. The main characteristics of the Services;
  2. Our identity (set out above in Clause 2) and contact details (as set out below in Clause 12);
  3. The total Price for the Services including taxes;
  4. The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
  5. Our complaints handling policy;
  6. Where applicable, details of after-sales services and commercial guarantees;
  7. The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract.

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  1. Orders

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  1. All Orders for Services made by you will be subject to these Terms and Conditions.
  2. You may cancel your Order up to 48 hours (excluding bank holidays and weekends) before we begin providing the scheduled Services on the condition that notice of cancellation can only be given during the working week Monday – Friday and excludes Saturday and Sunday. If you cancel your Order within this period you will receive a 100% refund of any payments made to Us under Clause 5 (including, but not limited to the Deposit). The payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation.
  3. Any cancellations made after this time period (i.e. within 48 hours of the day of the scheduled Services (excluding bank holidays and weekends) will be subject to a cancellation fee of £200 which will be deducted from the refund paid to you.
  4. We may cancel your Order at any time before We begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform you as soon as is reasonably possible. If you have made any payments to Us under Clause 5 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation. Cancellations will be confirmed in writing.
  5. You may change your Order up to 48 hours (excluding weekends) before We begin providing the Services by contacting Us. If your Order is changed We will inform you of any change to the Price in writing. If you change your Order after this time period (i.e. within 48 hours of the scheduled Services (excluding weekends) you will be subject to pay a £200 service fee which will be included on the revised Estimate sent to you.
  6. Any cancellations made on the day of our services will be subject to a cancellation fee of £400 which will be deducted from the refund paid to you.
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  1. Price and Payment

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  1. The Price of the Services will be that shown in the Estimate provided to you. Our Prices may change at any time but these changes will not affect Orders that We have already accepted.

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  1. In the event of a severe and extensive mould problem which requires additional visual remediation, We will charge you additional technician hours. You will be notified prior to any additional chargeable hours and can decide to proceed on this basis or proceed on the basis that a full visual remediation may not be possible and residual mould may still be visible in some affected areas.

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  1. All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.

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  1. Before We begin providing the Services, you will be required to pay a Deposit of 50% of the total Price for the Services. The payment details of your Deposit will be included in the Estimate.

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  1. In the event that the premises are not vacated at the time of the scheduled Services, We may be required to abort the Services and you will forfeit the Deposit paid. 

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  1. The balance of the Price will be payable on completion by Us of the Services, or by such time and in such method as may be agreed by Us. If We are unable to contact you to take the balancing payment at the time of completion of the Services, or if there is any other reason why the balancing payment cannot be made at this time, We reserve the right, without further authorisation, to charge the balancing payment to the payment card used to pay the Deposit. 

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  1. If you do not make payment to Us by the due date, We reserve the right to charge you interest on the overdue sum at the rate of 2% per annum above the base lending rate of the Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.

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  1. The provisions of sub-Clause 5.7 will not apply if you have promptly contacted Us to dispute an invoice in good faith.  No interest will accrue while such a dispute is ongoing.

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  1. Providing the Services

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  1. We will begin providing the Services on the date confirmed in Our Order Confirmation.

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  1. Before We provide any of the Services, you must send Us pictures of all mould-affected areas to receive an accurate Estimate for remediation. If no pictures are disclosed prior to the commencement of any work, the Estimate provided will be indicative only and can be subject to change at Our discretion.

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  1. We will make every reasonable effort to complete the Services on time (and in accordance with your Order). However, any dates and timescales provided by Us shall be estimates only and time shall not be of the essence in the provision of the Services. We shall not be liable in any way for any delay in the provision of the Services, including any delays due to an event that occurs outside of Our control (see Clause 10 for events outside of Our control).

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  1. If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.

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  1. If the information or action required of you under sub-Clause 6.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.  If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.

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  1. If you do not vacate the property or refuse entry to the property at the time of the scheduled Services, which results in Us being unable to provide the Services, you will be subject to a cancellation fee of 50% which will be deducted from the refund paid to you.

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  1. If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing. This does not affect Our right to charge you interest under sub-Clause 5.7.

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  1. Guarantee and Indemnity

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  1. We will provide the Services with reasonable skill and care, consistent with best practices and industry standards, and in accordance with any information provided by Us in our pre-treatment correspondence, written Estimate and post-treatment report. 

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  1. We offer a 12 month guarantee subject strictly to these terms and conditions. We guarantee that the Services rendered will reduce the indoor spore count (mould spores per m3) to a normal fungal ecology range (approximately outdoor air in the UK) based on indoor and outdoor readings we take before and after the Services. We further guarantee the removal of indoor marker moulds. If the spore count is above the national average outdoor spore count range, or, if any indoor marker moulds are detected by the post treatment air test, We will carry out the treatment again at our own cost.

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  1. Before We provide any of the Services, we will undertake a Mould & Condensation Report. We will inform you of the results of the report and particularly any conditions present which may affect or invalidate the guarantee provided for the Services. The report will be produced based on data collected by us during our inspection and may not account for any mould that is not visible or which appears after the report has been produced (in this instance a new Estimate may be necessary). 

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  1. If an active water leak or water ingress is discovered, you will be notified, and you must decide whether to proceed with the remaining remedial work as planned or cease any further work.

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  1. If you decide to cease any further remedial work, then the cost of the Mould & Condensation Report is still payable at the price outlined in the pre-treatment correspondence and quotation documentation.

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  1. If you decide to continue with the remedial work, it is strictly on the basis that, as an active water leak and/or water ingress erodes the integrity of the antimicrobial film, no guarantee or warranty is provided for the Services. 

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  1. If you redecorate any treated surface by painting, sanding, wallpapering, tiling or in any other way disturbing the integrity of the covalent bond created by the antimicrobial film applied by US, the guarantee will be invalid. The guarantee will still be upheld for all other surfaces that have not been redecorated or disturbed. 

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  1. If you do redecorate, We can reapply the antimicrobial film for a sum of £360, thereby renewing the guarantee for the designated surface for a further twelve months.

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  1. We undertake to remove all visible mould through means of cosmetic remediation. However, due to the structurally destructive nature of mould which can crack and rot building materials and leave tannin stains which cannot be removed with cleaning products ,We offer no guarantees in this regard. Structural repairs or professional redecoration may be required at your cost where the severity and scale of the mould problem is significant.

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  1. Whenever possible We use non-toxic, ecological cleaning products as part of Our cosmetic remediation process. However, to achieve the maximum visual cosmetic results We may need to use bleach-based cleaning products. In this instance we will seek your consent before using such products. 

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  1. After we have completed the Services, We will supply you with a post-treatment report which will detail certain conditions that must be maintained within the property to ensure that the treatment remains effective. Any failure to follow and adhere to the conditions set out in the post-treatment report supplied to you will invalidate the guarantee. 

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  1. We will not be liable, under any circumstances, for any consequential damages, costs or losses In the event of mould returning to the premises after treatment.

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  1. In supplying Our Services and/or when conducting our inspections, We may have to move or dismantle fixtures and fixings within the property. We will make good any displacement, but Our liability does not extend beyond this and it is your responsibility at all times to ensure that all fixtures and fittings are safe and fit for purpose.  

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  1. We do not offer or make any guarantee or warranty in relation to an individual’s health or wellbeing as a result of the Services provided.  

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  1. The application of the guarantee is entirely at Our discretion. 

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  1. Problems with the Services and Your Legal Rights

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  1. We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible. We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical. 

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  1. We will not charge you for remedying problems under this Clause 8 where, at Our absolute discretion, We conclude that  the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 6.5 will apply and We may charge you for remedial work.

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  1. As a consumer, you have certain legal rights with respect to the purchase of services. In addition, You also have remedies if We use materials that are faulty or incorrectly described. For full details of your legal rights and guidance on exercising them, you can contact your local Citizens Advice Bureau or Trading Standards Office. 

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  1. Our Liability

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  1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

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  1. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

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  1. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.

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  1. Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

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  1. Events Outside of Our Control (Force Majeure)

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  1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

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  1. If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

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  1. We will inform you as soon as is reasonably possible;
  2. Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
  3. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
  4. If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 11.2.3. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice;
  5. If the event outside of Our control continues for more than 4 weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 11.4.3 and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.

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  1. Cancellation

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  1. If you wish to cancel your Order for the Services before the Services begin, you may do so under Clause 4. 

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  1. If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice.  If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. If you cancel because of Our breach under sub-Clause 11.2.1, you will not be required to make any payments to Us. You will not be required to give notice in these circumstances:

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  1. We have breached the Contract in any material way and have failed to remedy that breach within 14 days of you asking Us to do so in writing; or
  2. We enter into liquidation or have an administrator or receiver appointed over Our assets; or
  3. We are unable to provide the Services due to an event outside of Our control (as per sub-Clause 10.2.4); or
  4. We change these Terms and Conditions to your material disadvantage.

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  1. We may cancel your Order for the Services before the Services begin under sub-Clause 4.4.

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  1. If any of the following occur, We may cancel the Services and the Contract immediately by giving you written notice.  If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. We will not be required to give notice in these circumstances:

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  1. You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums under sub-Clause 5.7); or
  2. You have breached the Contract in any material way and have failed to remedy that breach within 48 hours of Us asking you to do so in writing; or
  3. We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 10.2.5).

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  1. For the purposes of this Clause 11 (and in particular, sub-Clauses 11.2.1 and 11.4.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 11.2.1 and Us under sub-Clause 11.4.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

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  1. Communication and Contact Details

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If you wish to contact Us, you may do so by telephone at 0333 772 9288 or by email at help@puremaintenanceuk.com.

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  1. Complaints and Feedback

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  1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

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  1. All complaints are handled in accordance with Our complaints handling policy (available on request).

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  1. If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us by telephone at 0333 772 9288 or by email at help@puremaintenanceuk.com.

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  1. How We Use Your Personal Information (Data Protection)

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We will only use your personal information as set out in Our Privacy Notice available on request. 

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  1. Other Important Terms

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  1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

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  1. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

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  1. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

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  1. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

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  1. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

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  1. Governing Law and Jurisdiction

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  1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales. 

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  1. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in these terms and conditions takes away or reduces your rights as a consumer to rely on those provisions.

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  1. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

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