Arlington Safety Consultants – Terms and Conditions of Sale

 

  1. These conditions shall govern and apply to every offer, quotation, acceptance and contract sale between Arlington Safety Consultants or its subsidiaries and associated companies and undertakings (‘ASC’) of the one part and any person, firm or corporation or employee, subcontractor or agent acting on behalf of such person, firm or corporation for whom the services are performed (‘the Customer’) of the other part. These terms may be varied only with the written consent of ASC and therefore any alternative conditions proposed by the Customer are hereby excluded unless such written consent is so obtained prior to the provision of the service in question.

 

  1. Interpretation

 

In these Conditions the following words shall have the following meanings unless the content requires otherwise

 

  • Commencement date: Means the date of the supply of the services set out in the contract or quotation upon which the service is based.
  • Contract means any contract between the Supplier and Customer for the sale and purchase Services including the Order and incorporating these Conditions.
  • Contract Period means the period of supply of the Services as set out in the Contract.
  • Customer means the persons, firm or company who purchases Services from the Supplier.

 

 

  1. Supply of the Services

 

  • Any dates specified by the Supplier for the supply of the Services are intended to be an estimate only and time of supply of the Services shall not be of the essence for the purposes of the Contract. If no date is specified, the supply of the Services will be within a reasonable time.
  • Where the Customer requests a change to any dates specified in the Contract for the supply of the Services the Supplier shall use its reasonable endeavours to conform to such a request, provided always that the Supplier shall be under no obligation to do so, shall have no liability for its failure to do so and is entitled to payment of any additional costs incurred as a result of such change to the dates.
  • If the Supplier supplies some but not all of the Services, the Customer shall not be entitled to object to or reject the Services at the pro-rata Contract rate.

 

  • Quotation means any written or verbal quotation provided to the Customer by the Supplier for the provision of the Services.

 

  • All quotations, or offers of sale, made by ASC, or on its behalf, are subject to these Conditions and are given subject to confirmation by ASC in writing, or otherwise, at the discretion of ASC, upon receipt of the Customer’s order number & no contract shall be concluded until such order confirmation is given.
  • Any quotation is valid for 30 days or as otherwise determined on the quotation, or as otherwise agreed in writing. All quotations exclude VAT and all other taxes, which will be levied in addition at the prevailing rate.

 

  • Price

 

The prices for the Services shall be either (i) as detailed on the quotation or (ii) those applicable at the date Services are supplied.

 

  • ASC shall not in any circumstances whatsoever be liable in contract, tort, or otherwise to the Customer for any lASC or damage (however remote) including pure economic or consequential lASC suffered by the Customer as a result of either (a) the exercises by ASC of any of its rights under this contract, (b) any delay by ASC, (c) any lASC suffered by any third party, (d) any lASC suffered for any failure to carry out the Services caused by circumstances beyond reasonable control of ASC or (e) any lASC arising during the conveyance and delivery of Waste by the Customer (including damage to Customer vehicles or ASC premises). Any limitations or exclusion of ASC liability in these conditions shall not apply in the case of death and person injury resulting from any negligence of ASC its servants, employees or agents. ASC reserves the right to review prices according (but not limited to) market conditions, prevailing costs, or impact of legislative changes. ASC will serve written notice on the Customer of such changes in prices.

 

  • Payment

 

  • Unless the parties agree otherwise in writing, the Supplier shall invoice the Customer upon completion of the Services.
  • Payment is due within thirty (30) days of the date of the invoice or any date agreed between the parties, whichever is the earlier.

Time for payment shall be of the essence.

  • Unless agreed by the Supplier, all sums payable shall be calculated and paid in Pounds Sterling (£).
  • Any queries in respect of invoices should be brought to the Supplier’s attention within seven (7) days of the date of the invoice. Where any dispute arises as to the contents of any invoice the parties shall enter into good faith discussions to resolve such dispute but, for the avoidance of doubt, the Customer shall not be relieved of its obligation to pay the disputed invoice in full and on time.
  • In addition to its right to charge interest on late payment as set out in clause 11.7, where any sum owed by the Customer to the Supplier under this or any other agreement is overdue or the Customer exceeds its authorised credit limit with the Supplier, the Supplier shall be entitled (but shall not be obliged) to do any or a combination of the following:
    • to suspend all or any part of the provision of the Services.
    • to cancel all or any part of any outstanding Order.
    • to refuse to accept any further Orders for Services
    • to suspend any discounts made available to the Customer or
    • In the event that such default continues for longer than thirty (30) days, the Supplier shall be entitled but not bound (without any liability and without prejudice to any other rights that it may have in respect thereof) to terminate the Contract forthwith on written notice to the Customer.
  • Where the Supplier elects to pursue one of its rights under Clause 11.8 and 11.9, the Supplier shall not be in breach of these conditions nor shall the Supplier have any liability to the Customer.

 

  • ASC undertakes to maintain adequate public liability insurance to meet all claims and liabilities likely to arise as consequence of entering into this contract.

 

  • ASC shall be entitled to reasonable notice of cancellation of any works contracted to them by the Customer and if deemed appropriate due to the individual circumstances ASC reserves the right to charge for all services resulting from any such cancellation.

 

  • The liability of the Customer to ASC shall not cease by reason of any termination of this contract, but ASC shall have no further obligation to the Customer after any such termination. On termination of this contact all sums due from the Customer to ASC shall become immediately payable.

 

  • These conditions shall be governed by and construed in all respects in accordance with English Law.

We agree to ASC Standard Terms and Conditions as above.

 

Signed:

Print Name:

Customer:                                                                                       Date: