Terms and Conditions
Application and entire agreement
- These Terms and Conditions apply to the brokering of the services detailed in our quotation (Services) by Supply It Site Services Ltd, a company registered in England and Wales under number 08452700 whose registered office is at Unit 3 Lamplugh Road, Lakeland Business Park, Cockermouth, Cumbria, CA13 0QT (we or us) to the person buying the services (you).
- You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation are the entire agreement between us.
- You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, customer, practice or course of dealing.
- A “business day” means any day other than a Saturday, Sunday or bank holiday.
- The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
- Words imparting the singular number shall include the plural and vice-versa.
- We warrant that we and any third party that we sub-contract to will use reasonable care and skill in our performance of the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
- We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
- All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
- Supply It Site Services will ensure that any services that we subcontract to as part of our brokering service will have the correct permissions and certificates and give access to any or all relevant information, materials, properties and any other matters relating to the services we provide.
- As a broker, no service will be provided unless we have received the appropriate insurance guarantees from the service provider confirming cover for liability which could reasonably be expected to occur for the duration of the provision of the service.
Cancellation and Amendment
- Supply It Site Services will not levy a cancellation fee or charge however; should you cancel the provision of the services there may be a cancellation charge or fee from the third party provider which will be passed on to you. You will be notified of any potential fees or charges as soon as could reasonably be expected.
- We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 14 days from the date of the quotation, (unless the quotation has been withdrawn)
- Either we or you can cancel an order for any reason prior to your acceptance or rejection of the quote.
- If you want to amend any details of the Services you must inform as soon as possible either in writing, by email or by telephone. We will use reasonable endeavours to make any required changes and additional fees will be included in the invoice sent to you.
- We will invoice you for payment of the quotation either
- When we have completed the Services; or
- On the invoice dates set out in the quotation
- You must pay the balance due within 30 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
- Time for payment shall be of the essence of the Contract
- Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out we will charge you xxxx from time to time on the amount outstanding until the payment is received in full.
- All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
- If you do not pay within the period set out above, we can suspend any further provision of services and cancel any future services which have been ordered by, or otherwise arranged with, you.
- Receipts for payments will only be issued at your request
- All payments must be made in British Pounds unless otherwise agreed with us in writing.
- We can terminate the provision of the Services immediately if you:
- Commit a material breach of your obligations under these Terms and Conditions; or
- Fail to make pay any amount due under the Contract on the due date for payment; or
- Are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
- Enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors.
Liability and indemnity
- Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
- The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
- We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
- Any indirect, special or consequential loss, damage, costs, or expenses or;
- Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims;or
- Any failure to perform any of our obligations if such any delay or failure is due to any cause beyond our reasonable control; or
- Any losses caused directly or indirectly by any failure or your breach in relation to your obligations
- Any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
- We are indemnified against all damages, costs, claims and expenses suffered by you arising from any loss or damage to any equipment (including that belong to third parties) caused by our subcontractors, their agents and employees.
- Nothing in these terms shall limit or exclude our liability for death or personal injury caused by negligence by third parties or any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude liability.
Circumstances beyond a party’s control
- Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Services Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
- All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party)
- Notices shall be deemed to have been duly given;
- When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
- When sent, if transmitted by fax or email and a successful transmission report or return receipt guaranteed is generated;
- On the fifth business day following mailing, if mailed by national ordinary mail; or
- On the tenth business day following mailing, if mailed by airmail.
- All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
- No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
- If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of the Terms and Conditions (which will remain valid and enforceable).
Law and Jurisdiction
- These Terms and Conditions are governed by and interpreted according to English Law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.