Terms of Service
Robinfix Ltd t/a Shorefix is a company registered in England & Wales, hereinafter referred to as ‘We’ ‘Our’ ‘Us’ or ‘Shorefix’ In these Terms: ‘Agreement’ means the written authorisation to undertake works between Shorefix and the customer; customer means the person or firm who purchases services from Shorefix; and Properties to be serviced means the premises stated in the agreement.
Any quotation given by Shorefix shall not constitute an offer, and is only valid for a period of 3 (three) months from its date of issue. This agreement shall be binding on the parties once the customer has returned the signed agreement for works to begin or Shorefix commences the services.
These Standard Terms and Conditions of Business (these Terms) set out the general terms under which Shorefix supplies services and applies to all work carried out by it unless otherwise agreed in writing.
If there is an inconsistency between any of the provisions of this agreement and the provisions of the Schedules, the provisions of this agreement shall prevail.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this.
Obligations of Shorefix
Shorefix shall at all times maintain full insurance cover with a reputable insurer against public liability risks for a sum of not less than £5,000,000 and also against liability in respect of accident or injury to workers supplying these services.
Shorefix shall ensure that all work be performed by suitably qualified personnel with reasonable skill and care in all material respects.
Shorefix shall use reasonable endeavours to meet any performance dates agreed but any such dates shall be estimates only and time for performance by Shorefix shall not be of the essence of this agreement.
Shorefix shall comply with all applicable laws and use reasonable endeavours to observe all health and safety and security requirements that apply at the Properties to be serviced and that have been communicated to them, provided that:
Limitation of Liability
Shorefix shall not be liable to the Customer for any loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of or damage to goodwill; or indirect or consequential loss or damage (including without limitation loss of business or profits) whatsoever or howsoever arising in relation to this agreement.
Charges
Please be advised that the winter drain down and re-connection is a two-part service with one advance payment. Shorefix are not liable to issue a part refund once drain down has occurred.
Obligation of the Customer
Charges
The costing takes account of works which have been arranged for a date/ date period, and these have been included in the calculation of the quoted price. The price is calculated on the assumption that invoices are raised and submitted in accordance with Shorefix’s standard invoicing procedures. Shorefix retain the right to invoice for additional administration costs that may be incurred as a result from any deviation from these standard procedures.
If the Customer fails to make payment due to Shorefix under the payment terms on the invoice then Shorefix will (i) in the first instance, apply a late payment administration charge of £20.00 to the account (ii) Claim Late Payment Compensation as provided under the Late Payment of Commercial Debts (Interest) Act 1998; which shall be £40 for debts under £1,000; £70 for debts under £10,000 or as revised under subsequent acts or statutory instruments; and/or (iii) suspend Services until payment has been made in full. (iv) Recover parts fitted where non payment received.
If purchase orders are required on invoices they must be supplied in advance of invoicing. The Customer will not delay payment if purchase orders are not supplied.
The customer will pay all monies due under the agreement without any discount, deductions, set offs, or counter claims regardless of any claim or dispute which the customer has or alleges it has against Shorefix.
Bank Holiday service prices are as follows: December 26th and January 1st at 3 times daily rate, December 25th by negotiation and all other holidays at 1.5 times daily rate.
General Considerations of the Customer
The Customer shall:
a. co-operate with Shorefix in all matters relating to the Services and provide up to date contact details.
b. make available in a timely and unhindered manner, keys to gain access as required by Shorefix to provide the Services;
c. inform Shorefix of all health and safety requirements and security arrangements that apply at the Properties to be serviced, and give reasonable advance notice of any changes to such requirements or arrangements such as changing door locks;
d. the Customer warrants that the premises on which the services will be performed are safe for work and comply with all the statutory requirements for health and safety at work for Shorefix employees. Shorefix may refuse to work on the premises if the company reasonably considers that they may be exposed to undue risk or danger. In this event the service will be postponed until it is safe to proceed.
If Shorefix’s performance of its obligations under this agreement is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, then, without prejudice to any other right or remedy it may have, Shorefix shall be allowed an extension of time to perform its obligations equal to the delay caused by the Customer.
Joint Obligations
Duration & Termination
Except as expressly provided for in this agreement, no variation or amendment of this agreement or oral promise or commitment related to it will be valid unless committed to in writing and signed by, or on behalf of all parties by authorised signatories.
Confidential Information
Each party undertakes that it shall not at any time disclose to any person any confidential information concerning business affairs, customers, clients or suppliers. Each party may disclose the other party’s
confidential information as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.
Data Protection
Each party shall comply with the Data Protection Legislation. In this agreement, Data Protection Legislation means the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).
The provisions which follow set out the framework for the sharing of personal data between the parties as data controllers. Each party acknowledges that one party (the Data Discloser) will regularly disclose to the other party (the Data Recipient) Shared Personal Data collected by the Data Discloser for the Agreed Purposes. Each party shall:
a. ensure that it has all necessary consents and notices in place to enable lawful transfer of the Shared Personal Data to the Data Recipient for the purposes agreed in writing between the parties (Agreed Purposes);
b. give full information to any data subject whose personal data may be processed under this agreement of the nature such processing. This includes giving notice that, on the termination of this agreement, personal data relating to them may be retained by Shorefix.
c. process the Shared Personal Data only for the Agreed Purposes;
d. not disclose or allow access to the Shared Personal Data to anyone other than the parties to this agreement, the employees of each party, any third parties engaged to perform obligations in connection with this agreement (Permitted Recipients);
e. ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less demanding than those imposed by this agreement;
f. ensure that it has in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of personal data.
Each party shall assist the other in complying with all applicable requirements of the Data Protection Legislation. Each party shall indemnify the other against all claims and proceedings and all liability, loss, costs and expenses incurred by the other as a result of any claim made or brought by a data subject or other legal person in respect of any loss, damage or distress caused to them as a result of any breach by the other party of the Data Protection Legislation by that party, its employees or agents, provided that the indemnified party gives to the indemnifier prompt notice of such claim, full information about the circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authority to manage, defend and/or settle it.
Limitation Of Liability
Shorefix has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £5,000,000 per claim. The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.
Nothing in this agreement limits any liability which cannot legally be limited, including liability for:
a. death or personal injury caused by negligence;
b. fraud or fraudulent misrepresentation; and
c. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982
Force Majeure
Neither party shall be in breach of this agreement or liable for delay/failure to perform any of its obligations under this agreement if this results from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for 6 (six) weeks, the agreement may be terminated.
Entire Agreement
These terms and conditions constitute the entire agreement between Shorefix and the customer, superseding or terminating all previous agreements, whether written or oral.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
Severance
If any provision/part-provision of this agreement is/becomes invalid, illegal or unenforceable, it shall be deemed deleted, but shall not affect the rest of this agreement.