Terms of Business for the Sale of Services
1. Definitions
1.1 Supplier means PINKS FIRE SAFETY, a trading style of Pinks Fire Safety Limited of First Floor Offices, 62 High West Street, Dorchester, DT1 1UY.
1.2 Buyer means the individual or organisation that buys or agrees to buy the Services from the Supplier.
1.3 Contract means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions.
1.4 Services means the services that the Buyer agrees to buy from the Supplier.
1.5 Terms and Conditions means the terms and conditions for the provision of Services set out in this Contract and any special terms and conditions agreed in writing by the Supplier.
2. Conditions
2.1 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be only be binding if agreed in writing.
2.2 Any complaints should be addressed to the Supplier's address as above or by email to office@pinksfire.co.uk.
2.3 Any special conditions applying at the date of this Contract to the provision of the Services are set out in the Schedule to this Contract.
2.4 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
3. Price & Payment
3.1 The price of the Services shall be that stipulated in the quotation. For individual Fire Risk Assessments, payment is due in advance before the services are provided. Where an invoice is issued for long term clients or by pre-agreed payment terms, the invoice is due for payment within 30 days of the date of the invoice. A report shall be provided by email within 14 business days of the assessment or inspection. The Supplier may retain the report until payment has been made in full.
3.2 Where payments are not made in full as per these Terms and Conditions, the Supplier reserves the right to charge interest on all outstanding sums at the higher of 3% above the Bank of England base rate and the rate from time to time available pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 and by the agreed date. In addition, the consumer will become liable for any reasonable costs incurred in recovering late payment, such as administration costs. This additional charge is to cover the associated administration time in collecting an unpaid invoice.
3.3 The price and any special terms agreed between the parties shall be set out in the confirmation of instructions provided by the Seller.
4. Fire Risk Assessments & Fire Door Inspections
4.1 Where a fire risk assessment is ordered, the assessor will carry out an inspection of the property and provide a written report detailing the findings of the visit with recommendations to improve fire safety.
4.2 Where a fire door inspection is ordered, the assessor will carry out an inspection of the agreed doors and provide a written report detailing the findings of the visit with recommendations to improve fire safety.
5. Cancellation
5.1 Consumers have the right to cancel a contract up to 14 days after the contract is made. Where the Supplier has started to perform the contract before the right to cancel is exercised the fee may be due. A cancellation on the day of a planned assessment or inspection will result in a charge of 75% of the agreed survey fee as the Supplier will have incurred costs for the assessor for that day or part day and there will have been administration costs for the planned assessment. Cancellations must be in writing, via post or email, such cancellation will conclude the contract between the Buyer and the Supplier. Failure to provide notice in writing will result in the client being invoiced for the amount quoted and agreed.
6. Waiver
6.1 No delay by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
7. Force Majeure
7.1 The Supplier shall not 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, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system. If such conditions prevail for more than six weeks then the party not in default shall be entitled to terminate this Agreement but, subject to this, the Supplier shall be entitled to a reasonable extension of time for it to fulfil its obligations hereunder.
8. Severance
If any term or provision of these Terms of Business 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.
9. Governing Law and Jurisdiction
These Terms of Business shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
10. Privacy Policy
We process data necessary for the provision of our services. Our privacy policy can be viewed on our website www.pinksfire.co.uk.