1. The Parties
These are the terms and conditions governing the provision of the cleaning services described in the Schedule (“the Services”) by RPC Cleaning Services Limited (“RPC”) to the Customer whose details are set out in the Particulars.
2. The Premises
The Premises at which the Services shall be provided by RPC to the Customer are as stated in the Schedule (“the Premises”). RPC estimates are based on its understanding of the Premises as explained by the Customer and the specification set out in the Schedule.
3. RPC’s obligations
Subject to the conditions and other terms of this Agreement RPC shall provide the Services in a good and workmanlike manner and with all due care and attention.
4. The Customer’s obligations
In consideration of the Services provided by RPC the Customer shall (subject as provided in this agreement) pay to RPC the Contract Price (“the Contract Price”) for the Services as set out in the Particulars.
5.1 All sums payable under this Agreement unless otherwise stated are exclusive of VAT and other duties or taxes.
5.2 Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums.
6. Variation of charges
6.1 The Contract Price will be held for one year from commencement of this Agreement provided the Agreement commences within 60 days from RPC’s original quotation for the Services.
6.2 The quoted prices for any consumables (Schedule B) used in connection with the Services may increase at any time should RPC’s supplier’s price change.
6.3 Any work carried out on a Sunday or a Public Holiday will be charged at time and a half.
6.4 Should the extent of the Premises alter or should there be additional special requirements for RPC’s Services, RPC reserves the right to alter the Contract Price accordingly.
Unless otherwise agreed in writing the Customer will pay RPC’s invoices in full without any deductions or set off within 30 days of the date of the respective invoice. If the Customer does not pay on time RPC may charge and the Customer agrees to pay interest calculated at 2% per annum above the Base Lending Rate of Lloyds TSB Bank plc from time to time on the unpaid amount. The interest will be calculated daily and accrue from the invoice date until payment is received. If the Customer does not make payments when they are due to RPC, RPC may in the exercise of its discretion either cease to provide Services to the Customer until such the as the Customer demonstrates an ability to meet the required payments or require payment from the Customer in full in advance of the provision of the Services. In the event that the Customer does not make payment when due. RPC may in its absolute discretion cease to provide any further Services to The Customer.
8. Force majeure
Both parties shall be released from their respective obligations in the event of national emergency war prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of this Agreement impossible whereupon all money due under this Agreement shall be paid immediately and in particular:
8.1 the Customer shall immediately pay to RPC all arrears of invoices
8.2 each party shall be liable to pay to the other damages for any breach of this Agreement and all expenses and costs incurred by that party in enforcing its rights under this Agreement.
RPC shall not be liable to the Customer for loss or damage to the Customer’s property incurred as a result of carrying out any instructions directly received from the Customer that are in addition to the work outlined in Schedule A.
In order to enable RPC to perform the Services and to deliver such goods as are required, the Customer agrees to grant RPC a licence to enter and remain on the Premises and the Customer will at all times ensure that all health and safety regulations are complied with in respect of those who are on its Premises.
11.1 After expiry of the first 3 months, either party shall be entitled to terminate this Agreement by giving to the other not less than three month’s notice in writing.
11.2 In addition RPC may cancel this Agreement immediately if:
(A) RPC is of the opinion that the Customer is unable to perform its obligations
(B) If the Customer fails to pay when due an invoice submitted to the Customer by RPC
(C) If the Customer disposes of the Premises; or,
(D) If the Customer goes into liquidation or a Receiver or Administrator is appointed in respect of its business.
11.3 In the event that the Customer has any complaint or cause for concern in connection with the provision of the Services by RPC the Customer will in the first instance contact the Contract Manager who will fully investigate the matter and report to the Customer on their findings. If the complaint is genuine and reasonable and it persists, the Customer must record its complaint in writing to RPC and if the matter has not been resolved within 7 days of receipt of that letter the Customer shall be entitled to give three months notice or such lesser period agreed between both parties.