Standard Trading Conditions
1. All and any services provided, goods supplied, equipment hired or business undertaken, whether gratuitously or not by PVC VENDO and/or its agents, contractors or franchisees (hereinafter called “The Company”) is transacted subject to the conditions hereinafter set out. All other terms and conditions are hereby excluded. Should the customer wish to contract with the Company otherwise than subject to these conditions, special arrangements can be made providing that such arrangements shall only apply if in writing and signed by a Director of the Secretary of The Company. Employees, agents, contractors or franchisees are not authorised by The Company to make changes to these conditions.
2. The Company is a vehicle cleaning contractor, providing various vehicle cleaning services. Associated general cleaning services are also undertaken.
3. The Company shall be entitled to enter into contracts for general vehicle cleaning and other cleaning or degreasing services as required.
4. The Company shall be entitled to: -
a) enter into contracts for any cleaning operation;
b) subcontract to agents or franchisees; and
c) do such acts as may be necessary at the discretion of The Company and to depart from the customer’s instructions in any respect if in the opinion of The Company it is necessary or desirable to do so in the customer’s interests.
5. The customer expressly authorises The Company to do such acts or enter into such contracts 4 on behalf of the customer so as to bind the customer by such acts and contracts in all respects notwithstanding any departure from the customer’s instructions as aforesaid.
6. The Company shall be entitled to perform any of its obligations hereinunder by itself or by its subsidiary agents, franchisees or associated companies, or by any other person, firm or company carrying out the cleaning operations. Any contract to which these conditions apply is made by The Company on its own behalf, and also as agent for and on behalf of any such subsidiary or associated company, and any such company, agent or franchisee shall be entitled to the benefit of these conditions.
7. The Company will not accept liability for loaded or unloaded goods damaged in the process of cleaning operations. It is the customer’s obligation to ensure that loaded goods are protected within the vehicles from water or detergent damage and that goods placed or kept near to the vehicles are also protected.
8. The Company will not accept liability for damage occurring to property, motor vehicles, goods buildings, mechanical plant
or horticulture arising from water, detergent
or chemicals used in the cleaning operations that have been sprayed or carried with the wind onto the aforesaid.
It is the customer’s obligations to ensure that the cleaning area is at sufficient distance from adjoining properties so as not to cause damage to neighbour’s property, goods or motor vehicles.
Should this occur, it is deemed to be the liability of the customer.
9. The Company will not be liable for damage to paintwork livery or coachwork when using cleaning materials, detergents or chemicals. Samples of all materials, detergents and chemicals are available upon request for analysis before the commencement of any contract.
10. The Company will not be liable for damage to any loose or poorly applied paint. High pressure water jetting will remove paint applied to certain surfaces.
11. The Company will not accept liability for damage caused by the movement of customer’s vehicles for the purpose of cleaning. Vehicles driven or moved are at the risk of the customer.
12. All sums shall be paid to The Company in cash immediately when due without deduction and payment shall not be withheld or deferred on account of any claim, counterclaim or set-off
PAYMENT IS DUE WITHIN 30 DAYS OF THE INVOICE DATE
13. The Company will not be liable to the customer for loss of damage caused by any failure to carry out, or negligence in carrying out the customer’s instructions, or by any failure to perform or negligence in performing The Company’s obligations (whether such obligations arise by contract or otherwise), unless such damage is due to the wilful neglect of default of The Company or its servants.
14. In no case whatsoever shall liability of The Company, however arising, and notwithstanding that the cause of the loss or damage be unexplained, exceed:-
a) The average invoice value of one cleaning operations; or
b) £250 in respect of any one claim.
15. Without prejudice to Condition 13, any claim by the customer against The Company shall be made in writing and notified to The Company within 48 hours.
16. The Company recommends that the customer familiarises himself and his staff with regard to health and safety before using detergents and chemicals. Upon request, The Company will supply to the customer health and safety information. The Company advises the customer to seek the consent and approval of the Property Landlords and all necessary Authorities for vehicle washing and the disposal of waste.
17. The Company supplies detergents and chemicals with various suggestions for their use. The customer must satisfy himself as to the suitability of the products prior to use, as The Company will not be liable for damage caused by customer error. All products must only be used at the recommended dilutions.
18. The Company advises the customer that high pressure water jetting machines on rental are supplied on the condition that the security of the machines against loss, theft, misuse or frost damage is the responsibility of the customer. The Company is not liable for any accident, however caused.
19. High pressure water jetting machine rental includes full maintenance and repair of machine only. The high pressure hoses, low pressure hoses, lance and gun are not included in the maintenance arrangements.
Replacements for hoses, lance or gun will be charged to the customer at cost.
20. The customer shall indemnify The Company against claims, penalties, fines, expenses, losses, damages and liabilities (including physical damage) whether or not arising out of the negligence of The Company, their agents or franchisees, suffered of incurred by the Company in the performance of their obligations under any contract to which these conditions apply, including any liability to indemnify any other person by the customer.
21.The Company requires the following graduated periods of notice for permanent cancellation of our
Services which have been in place for;
Up to 26 weeks service = 4 week notice required
Between 26 and 52 weeks service = 6 week notice required
Service of 52 weeks and over = 8 week notice required
If insufficient notice is given, the customer becomes liable to The Company for payment for the
remainder of the minimum notice period based on the average of the previous four, six or eight weeks
invoiced weeks in accordance with the above.
22. The Company requires 48 hours notice in writing of temporary cancellation of any contract, If such notice is not given the customer becomes liable for 75% of the average value of the previous four cleaning operations.
23. The Company only undertakes contracts that have a minimum invoice value as illustrated in the Service Proposal according to the elected frequency of service. If the customer fails to provide sufficient number of vehicles to reach this value, the Company reserve the right to charge that minimum value.
24. All quotations, estimates, costing and minimum charges are exclusive of V.A.T.
25. Where in these conditions any matter is to be determined in accordance with the opinion of The Company, the certificate of a director or of the secretary of The Company for the time being shall be conclusive evidence as to the matter so certified.
Copyright PVC Vendo July 2022