TERMS OF TRADING
1) The price quoted (per calendar month) will remain fixed from April – March, any increase if applicable will be increased in line with the NMW (National Minimum Wage) and come with a notice of 30 days. CS Cleaning (Milton Keynes) Limited (hereinafter known as CSC) reserves the right not to commence the service if in its opinion any circumstances have changed since the quotation was provided. This contract will run continuously unless terminated by either party giving the other three calendar months’ notice in writing. If the Client terminates the contract without proper notice the Client will compensate CSC for loss of revenue during the period such notice should have been given.
2) Payment under this Contract must be made against CSC office invoices, which will be due for payment as per CSC written quotation. If any payment is not made within 30 days after its due date, CSC reserves the right to discontinue work and to claim the full sum of all work completed to the date of such termination, plus damages for loss of revenue and any collection costs incurred.
3) The price has been calculated to include all Bank and Public Holidays; the value of the monthly amount is calculated as (x) hours per week (x) weeks per year (/) 12 equal payments across the months. Any missed clean will be credited at the value of the operative’s wages due to management fee and the associated costs still be incurred for the monthly value. For the purpose of calculating the annual amount, we take 52.2 weeks (365 / 7 days) per year.
4) In absence of any express acceptance of these Terms of Trading by the client the making of a progress payment by the Client shall constitute acceptance.
5) If CSC’s rights or obligations under this Contract (or the costs of CSC of complying with such rights and obligation) require alteration as a direct or indirect consequence of any statutory provision being implemented after the date of the Contract (including, without limitation, relating to minimum wages and/or holiday per pay entitlement, compulsory insurance contributions, V.A.T or the like) an appropriate alteration to the relevant provision of the Contract shall be made with effect from the date on which the statutory provision affects the service.
6) The Client undertakes that it will not for a period of 12 months after termination of this Contract (for whatever reason) employ a person who at any time during the term of this Contract has been a CSC Contractor and/or its employee. Failure to observe this clause will result in a penalty fee of 12 weeks of the employee salary payable to CSC.
7) For missed cleans CSC will issue a credit note based on the operative wage, the management fee will remain for the missed hours worked, unless the missed hours constitute more than 75% of the weekly contract – in this case the full fee will be credited.
8) Unless a written notice of complaint or discrepancy of hours is received by CSC it will be assumed for all purposes that the services stipulated in the Specification have been performed to the satisfaction of the Client. Any notice of complaint should be sent to the office of CSC within 48 hours of the occurrence of the event or incident complained of. If a discrepancy on hours worked this needs to be raised within 48 hours of the invoice being sent. Upon receipt of such notice CSC will, at its cost, take necessary action, as it considers it to be appropriate to investigate and remedy the complaint.
9) CSC undertakes to secure Public Liability insurance cover for its employees and contractors in respect of the services referred to in the Specification, subject to a limit of £10 million for any single claim.
10) The Client will provide, free of charge, all lighting, heating, hot water, and any other facilities which may reasonably be required by CSC. The Client will provide, free of charge, suitable and safe accommodation for such equipment and materials as CSC needs to leave on the Client’s premises.
11) If CSC is prevented by the Client, its servants, or agents from carrying out its duties, it will be considered as having performed its obligation and the sum due for such period will be payable by the Client.
12) If this Contract has been quoted based on TUPE legislation applying and it should be found that CSC incur extra cost through provision of inaccurate information, the Client will indemnify CSC against these costs. The client will also indemnify CSC against all redundancy and notice costs which arise through TUPE and are brought about due to changes made by the Client to the contractual cleaning requirements that are in force at the commencement of the Contract.
13) The Client will ensure that all electrical appliances carrying high voltage shall be switched off or shall be in a safe condition during the whole time the cleaning operation is being carried out. The Client will provide CSC with full information about any hazards to Health & Safety that may exist withing the workplace and will ensure that the employees and/or Contractors are informed on first arriving at the premises to ensure that they are able to carry out their work safely.
14) CSC will not be liable for damage to electric light bulbs, sash cords, burglar or fire alarm fittings or glass already damaged or for damage arising from faulty construction or condition of the premise, or to articles not usually be found upon such premises, unless CSC expressly agrees to accept such liability in writing upon the terms to be agreed between CSC and the Client. CSC will not be liable for any loss, damage or injury arising from breaking or disintegration, during cleaning, of any tracked, defective, or broken part of any property of the Client.
15) Any failure by CSC to perform its obligations under this Contract by circumstance of force majeure including but not limited to fire, explosion, accident, mechanical breakdown, interruption to the supply of materials, epidemic, industrial dispute, or any other cause outside of CSC’s control will not constitute a breach of Contract by CSC.
16) Where a specific number and/or gender of operatives is required within the Specifications or the Client’s order, CSC will use reasonable endeavours to meet that request but will be under no contracted liability if it is not able to always able to provide the specific number and/or gender of operatives.
17) CSC obligations are limited to carrying out the tasks in the Specification. Verbal arrangements will not form part of this Contract. Any variation in these conditions can be made only by letter from the office of CSC on behalf of its directors and or by its duly authorised officer.
18) Our payment terms are 30 days end of the month unless otherwise negotiated prior to the contract commencing. CS Cleaning reserve the right to charge “statutory interest” for late payments – this is 8% plus the Bank of England base rate for business-to-business transactions.
19) For education establishments CSC will split the cost of the contract across 12 equal payments due (worked 41 weeks billed across 12 equal payments). Should the contract terminate before the full year is completed an invoice will be provided for the additional due. This will be calculated on actual hours worked across the contract less what has been paid / invoiced.