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Terms & Conditions

It is Five Environmental ltd intention that under the terms of the agreement between us {including details of the services and any goods or materials we are to provide ]are contained in this document. if you have questions or do not accept any of the provisions included in these terms and conditions please let us know.


Hazards

You must inform five environmental of anything that you believe may present a hazard or danger to any persons carrying out works before such work is started

 

Employees

Five environmental uses its own employees and suitably qualified independent contractors under authority from five environmental ltd .Independent contractors have no authority to incur liability on behalf of or to act as agents for five environmental ltd or any of there licensees.

 

Price

The price payable by you is the price stated as the total due on the quotation. unless otherwise stated. The price stated shall be inclusive of VAT at the prevailing rate.

 

Promise

Five environmental ltd will always do its best to complete the work and provide goods and materials for the quoted amount . However. Due to unforeseen circumstances , we may incur additional costs above the quoted amount . In this event you will be contacted immediately and the reasons will be explaned to you before you are asked to accept an amended quote to cover additional cost

 

Administration

An administration charge of £35 is payable in respect of each cheque we present for payment that is dishonoured by your bank for whatever reason

 

Hours

We will carry out work during our normal business hours which are 8am to 6pm Monday to Friday we may be able to work outside our normal business hours for an additional charge.

 

Access

You the customer must make sure that we have clear access to any relevant drains and covers and provide us with a supply of mains electricity and water. If we incur additional work or expense as a result of your failure to provide us with clear access , mains electricity, and water we may charge you for that additional work and/or expenses

 

Obligations

We will not be responsible for our failure to meet any of our obligations under this agreement because of circumstances beyond our control

 

Permission

If you are a tenant you will need your landlords permission to allow us to carry out the work. If the property is a listed building you may require planning permission. In either case it is your responsibility to obtain any permission required for the work.

 

Cancellation

We may cancel the agreement at any time by giving you written notice.

 

Guarantee

We guarantee all parts and labour for 30 days from the date of completion of the work provided that our guarantee will not apply where faults are caused by your [or any other persons] misuse or neglect of those goods and materials or as a result of fair ware and tear .Any guarantee we offer does not affect your legal rights including those rights under the sale of goods act 1979 and the supply of Goods and service Act 1982. You can get information about your rights from a citizens advice bureau or trading standards department

 

Domestic

Domestic customers: you will be invoiced immediately on completion of the work. The total due on the invoice is payable immediately. If you do not pay the TOTAL DUE immediately you must pay an administration charge of £35 and interest will accrue on the outstanding balance at the prevailing rate plus 5{18dad8236b405fb30d040a5717688410978d3496af62bbb74d22c1f641481093} per annum until full payment is received.

 

Commercial

Commercial customers non account: you will be invoiced immediately on completion of the work the total on the invoice is payable immediately. If you do not pay the TOTAL DUE immediately you must pay an administration charge of £55. Where you do not pay the TOTAL within 7 DAYS of the date of the invoice, in addition to the £5 administration charge , interest will accrue on the outstanding amount at the prevailing rate plus 5{18dad8236b405fb30d040a5717688410978d3496af62bbb74d22c1f641481093} until payment is received in full.

 

Commercial account holders

Commercial customers 30 day accounts: you will be invoiced on completion of the work the TOTAL on the invoice is payable within 30 DAYS of the date of the invoice .if you do not pay the TOTAL due within 30 days you must also pay an administration charge of £75 plus interest will accrue on the outstanding amount at the prevailing rate plus 5{18dad8236b405fb30d040a5717688410978d3496af62bbb74d22c1f641481093} until payment is received in full.

 

Loss or damage

Unless five environmental ltd is responsible for it , we will not include loss or damage to your property [including any cleaning needed]or any other type of loss. Any redecoration or repair of damage that may be needed following our works is your responsibility unless we have been negligent

 

Cancelation policy

Notice of your right to cancel .you are entitled to cancel any agreement with us .if you wish to cancel an agreement with us YOU MUST DO SO IN WRITING and deliver personally or send by recorded delivery or registered post to five environmental ltd at the address on your quotation within 7 DAYS from the date the agreement is signed

 

Specific works

The removal of waste from the working area is deemed to be within the capacity of the equipment originally specified by the works authorisation form. Should this be insufficient due to volume ,tanker maximum gross vehicle weights or other reasons unknown at the time of booking ,five environmental reserve the right to utilise additional resources without additional order or confirmation and pass on the additional cost to the customer.

 

CCTV /sonar inspection works

Due to the nature of cctv inspection the contractor cannot guarantee the accuracy of any cctv inspection or measurement a cctv survey will only show the interior of the sewer or pipe , and will not show the exterior .alternatively sonar may be used to track the route of the pipe; however sonar due to its nature may be up to 1 metre out in accuracy . any interpretation and advice as a result of cctv shall not be binding on the contractor ,and is the sole responsibility of the employer ,in the event that the measurements or advice given is inaccurate , the contractor shall not be held responsible for any loss or damage howsoever caused.

 

Sewer conditions

Where information is provided or implied or in writing or through cctv recordings concerning the condition of the sewers and this is found to be in accurate or out of date the employer shall be responsible for any extra costs incurred for additional work that may be required to complete the works. The contractor shall not be liable for any deterioration ,structural or otherwise ,that develops or becomes apparent on any pipe they are working on howsoever caused.

 

Waste disposal

Unless otherwise stated the contractor has not quoted for the removal of waste or debris from site if disposal is found to be necessary the employer will be responsible for the additional costs incurred by the contractor in the removal, transporting and disposal of waste to a registered site together with additional administrative costs

 

Re-lining

Due to the nature of relining there can be no delays once the linings have been impregnated.in the event that there are delays beyond the contractors control any linings impregnated may have to be discarded and new linings provided. the employer warrants that the sewers or pipes will be free of live water prior to the works being undertaken by the contractor. In the event that live water is present , the linings used by the contractor will not function. The employer will be liable for the additional costs incurred should new linings be required in any event.

 

Excavation

The contractor must rely on utility company records as to the location of underground services before undertaking any excavation works. The employer is placed on notice that the accuracy of the utility company records may be suspect: however the contractor must rely upon them. In the event that the utility companys records are inaccurate and damage is caused to an underground service the employer cannot hold five environmental liable in respect of any claim which may arise from such damage.

 

Damage and loss of equipment

If damage or loss is sustained to the contractors equipment due to reasons be

Yond there control, or due to the condition of the pipe work or some known or unknown risk, the contractor reserves the right to charge for the cost of retrieving the equipment, including the instruction of another contractor and/or the cost of replacing the equipment. The contractor also reserves the right to charge for loss of profits and down whilst the items are recovered or replaced

 

Force majeure

In the event of national emergency, war , prohibitive governmental regulation or any other cause beyond the control of the parties [force majeure event] the obligation of the parties shall be suspended for so long as the force majeure event renders performance of the agreement impossible and upon the occurrence of a force majeure event all money then due to the contractor shall be paid immediately,

 

Proper law and jurisdiction

This agreement shall be governed by and construed in accordance with the law of England and wales and each party agrees to submit to the exclusive jurisdiction of the courts of England and wales

 

Waiver

The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.

 

Third party rights

A person who is not a party to this agreement has no rights under the contracts[rights of third parties] act 1999 to enforce any terms of this agreement

 

General

If any provision of these is or becomes invalid or unenforceable ,it will be taken to be removed from the rest of these terms to the extent that it is invalid or unenforceable. No other provision of these terms shall be affected.

 

Warranty

Each of the partys warrants its power to enter into this agreement and has obtained all necessary approvals to do so

 

Appointment

The employer appoints the contractor to undertake the services in return for the payments

 

Property

All goods supplied or fitted by five environmental remain the property of five environmental until full payment is received five environmental reserve the right to charge interest on any unpaid account


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