Standard Terms and Conditions for The Supply of Services Provided by Aquascape Swimming Pools Limited.
In this document the following words shall have the following meanings:
- 1.1 CUSTOMER means any individual, partnership, limited company, charity or organisation that from time-to-time purchases Services from the Supplier
- 1.2 SUPPLIER means Aquascape Swimming Pools ltd, Unit F1 Phoenix Trading Estate, London Rd, Thrupp, Stroud.
- 1.3 PROPOSAL means a statement of work, quotation or other similar document describing the services to be provided by the Supplier
- 1.4 SERVICES means the services specified in the proposal
- 1.5 The CONTRACT shall mean instructions, confirmed in writing or electronic format, issued and signed by the customer or an authorised person on behalf of the customer.
- 1.6 FEES shall mean all charges and expenses that will by invoiced by the Supplier to the customer for the services provided
- 1.7 TERMS AND CONDITIONS means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
- These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication by the Customer
- Any variation to these Terms and conditions shall be inapplicable unless agreed in writing by the Supplier
- 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, by virtue of any statute law or regulation
- Nothing in these Terms and conditions shall affect the customer’s statutory rights as a consumer
3. The Service
- 3.1 The service proposal agreed that link to these Terms and Conditions shall remain valid for a period of 30 days
- 3.2 The Customer shall be deemed to have accepted the service proposal by placing an order with the supplier within the period specified in Clause 3.1
- 3.3 Aquascape Swimming Pools ltd will not commence work until the customer has accepted these Terms and Conditions as well as the instructions including, but not limited to, a proposed timeline and an estimate of fees which will be set out in an accompanying proposal.
- 3.4 The service proposal will be the best estimation of time required to meet your needs. If further time is required you will be consulted before any further activity takes place.
- 3.5 Aquascape Swimming Pools ltd may, at its discretion, commence work prior to receiving written, signed proposal as defined in 3.3. In these circumstances the client agrees that these Term and Conditions shall wholly and solely apply
- 3.6 The Supplier shall not be liable for failure to complete the work within the proposed timeline.
- 4.1 The fee for the Service is as specified in the service proposal and outlined expenses
- 4.2 Fees are based on the Supplier’s current assessment of costs and are subject to amendment subject to clause 11 – Cancellation and Termination
- 4.3 Payment of the fee shall be in the manner specified in the Proposal
- 4.4 The Supplier reserves the right to change fees for work carried out as part of the contract.
5. Completion and Payment of Fees
- 5.1 Completion of the work shall be deemed to have taken place when such work as described in the proposal has been carried out. At this stage full payment of the fee shall become due
- 5.2 Should the contracted work be delayed or suspended at the request of or through and default of the client for a period exceeding 4 weeks, Aquascape Swimming Pools ltd shall be entitled to payment of the fees resulting from all the work carried out up to and including the end of the period
- 5.3 Payment terms are strictly 30 days from the date of the invoice unless agreed beforehand
- 5.4 If the Customer fails to make any payment within 30 days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 1.5% per month on the outstanding amounts
- 5.5 Payment for further work will be agreed with the customer and made once milestones are completed.
- 5.6 Invoices will be raised by Aquascape Swimming Pools ltd after work is completed.
- 5.7 Payment of the invoices will be within 30 days of issue
6. Customer Obligations
To enable Aquascape Swimming Pools ltd to perform its obligations the Customer shall:
- 6.1 Keep agreed appointments in order to meet the necessary timescales
- 6.2 Provide the supplier with any information reasonably required by the Supplier
- 6.3 Obtain all necessary permissions and consent which will be required before the commencement of the services, the cost of which is the sole responsibility of the Customer. In certain circumstances this may include evidence that the customer holds a specific legal status in respect to a related individual and can make decisions in their best interests. E.g., Enduring Power of Attorney
- 6.4 Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
7. Aquascape Swimming Pools Limited Obligations
- 7.1 The Supplier shall perform the Services with reasonable skills and care and to a reasonable standard in accordance with recognised standards and codes of practice
- 7.2 The Supplier accepts all responsibility to fulfil the service that is within its’ control, by the agreed timescales and to a satisfactory standard.
- 7.3 Aquascape Swimming Pools ltd are committed to the following service standards
- All information supplied by the supplier to the customer will be impartial
- The supplier will provide understandable information that will enable a customer to make the right choice for them
- All associates working with the supplier will be checked for suitability
- All Associates working with the supplier will have relevant qualifications, skills and experience
- The information supplied by the customer will be confidential. No information will be supplied to a third party without the customer’s expressed permission See clause 8
- We seek customer feedback to continually monitor and improve our service
8. Confidentiality & Data Protection
- 8.1 Information disclosed by the customer will be kept confidential and shared only with relevant staff providing the service as agreed.
- 8.2 All information retained by Aquascape Swimming Pools ltd will be processed strictly in accordance with the provisions of the Data Protection Act 2018 and its successors. Such information shall be held solely for the purposes of fulfilling the contract.
- 8.3 The Supplier will not transmit any personal data held on behalf of the client except where;
- a) The transfer is a necessary part of the work undertaken to fulfil the contract or
9. Complaints and Disputes
- 9.1 The supplier will always aim to deliver excellence however there may be times when the customer is not happy with the service provided by the supplier.
- 9.2 If there is a dispute about the interpretation or operation of this contract then the supplier will make every effort to resolve the dispute when and where it arises, negotiating on the basis of good faith
10. Limitation of Liability
- 10.1 The Supplier undertakes to maintain Public Liability Insurance limited to £5,000,000 for each and every occurrence.
- 10.2 The Supplier will maintain Employer’s Liability Insurance cover at the appropriate level
- 10.3 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However, the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any delay in the work carried out, negligence, breach of contract or otherwise in excess of the price of the Service.
- 10.4 The Supplier will not be held responsible for third party costs incurred by the customer for any reason whatsoever.
11. Cancellations & Termination
- 11.1 The customer may cancel the Service by notifying the Supplier in writing at the address above giving 14 days’ notice.
- 11.2 All work undertaken up to receiving cancellation must be paid for within the notice period
- 11.3 The supplier may terminate the Service for any good reason within 14 days, giving written notice to the customer
- 11.4 The supplier may, at the customer’s expense charge any costs relating to the winding up of any work being carried out as part of the contract including, but not limited to, fees, Re-stocking charge, court or tribunal costs or any other reasonable third-party liabilities
12. Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockdowns, accidents, war, fire, breakdown of plant or machinery or shortage of or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
14. Governing Law and Jurisdiction
Any disputes or claims arising out of or in connection with these Terms and conditions of Business or the contract shall be governed by and construed in accordance with the law of England and Wales