Betterment Services Ltd
Terms and Conditions
1. DEFINITIONS
In these conditions:-
1.1 - The “BUYER” shall mean the corporate entity, firm or person seeking to
purchase the goods and services from the company.
1.2 - The “SELLER” shall mean Betterment Services Ltd.
1.3 - The “COMPANY” shall mean Betterment Services Ltd.
1.4 - The “CONTRACT” shall mean any contract for goods and services made
between the Company and the Buyer.
1.5 - The “GOODS” shall mean the products, or services to be sold by the
company.
1.6 - An “INSOLVENCY EVENT” shall mean:-
(Where the buyer is a company) the buyer convenes a meeting of its creditors or a
proposal is made for a voluntary arrangement within part1 of the Insolvency Act
1986. Or proposal is made from a composition, scheme or arrangement with (or
assignment for the benefit of its creditors if the buyer is unable to pay its debts
within the meaning of section 123 of the Insolvency Act 1986 or a trustee,
receiver, administrative receiver or a similar officer is appointed in respect of all or
part of the business or assets of the buyer or a petition is presented or a meeting is
convened for the purpose of considering a resolution or other steps are taken for
the winding up of the buyer or for making of an administration order.
(Where the buyer is an individual or partnership) the buyer (or in case of a
partnership any of the partners) dies or it is made bankrupt or is unable to pay his
or her debt within the meaning of section 123 of the Insolvency Act 1986 or a
proposal is made for a composition scheme or an arrangement is made with (or an
assignment for the benefit of) his or her creditors.
1.7 - The “SERVICES” shall mean any services provided by the company to the
buyer (whether or not the buyer shall purchase goods)
The headings to the clauses shall not effect the construction of these conditions.
The use of the plural shall include the singular and the use of the singular and the
use of the singular shall include the plural, and the references to the masculine,
feminine or neuter genders shall include each and every gender.
2. THE CONTRACT
These conditions shall be incorporated into each and every contract made between
the company and the buyer and:
Shall apply to the exclusion of any terms or conditions put forward by or on the
behalf of the buyer and:
Shall not create any agency or partnership between the company and the buyer or
any third party.
No variation or waiver or addition to these conditions, whether written or oral,
shall have effect unless and until authorised in writing buy a manager of the
company.
Quotations whether written or oral, submitted by the company shall be deemed to
be an invitation to treat and not an offer.
Any order given in respect of a quotation must state the date, the reference of that
quotation and if acceptable, address for delivery.
The company will carry out only those items specified in the contract and shall not
be responsible for works either promised or implied unless written into the
contract or any amendment agreed thereto in accordance with section 2 (The
Contract).
The purchaser shall permit the company its servants and agents to have to access
the installation address at all reasonable times in the connection with the survey
and subject of any dispute between the parties.
3. TIME LIMITS
Any time or date quoted by the company for delivery or collection of all or any of
the goods or performance of any services is an estimate only and although the
company will do its utmost to ensure that any quoted time and date is met it shall
not be liable for any failure to meet any such estimate nor for any loss, whether
financial or otherwise resulting directly or indirectly therefrom. Time is not and
shall not be the essence in relation to this condition.
4.2 - Any delay or default by the buyer in making payment in accordance with
condition 5.1 shall render all sums owing to the company on any account whatsoever
including the costs of recovery of such sums, due and payable forthwith without
requirement for any notice to be given to the buyer, and interest will be charged in
accordance with condition 5.1 with immediate effect until the date of actual payment.
4.3 - The buyer shall not be entitled to withhold payment of any amount payable to the
company by reason of any disputer or claim by the buyer (whether or not the goods or
services are to be provided by instalments and in such cases each instalment is deemed
to constitute a separate and distinct contract). In the case of any short delivery of
delivery of damaged goods to the buyer, the buyer shall remain liable to pay the full
invoiced price of all other goods delivered.
5. DISPUTES AND SET-OFF
5.1 - Any liability of the company under the contract shall be subject to and conditional
upon the due performance and observance by the buyer of all its obligations under these
conditions and subject to these conditions, the buyer shall not be entitled to withhold or
delay payment or exercise any right of set-off whatsoever and howsoever arising or
arisen which might otherwise be available to it.
No liability can be accepted for any damage or injury to property or persons arising
directly or indirectly from any defect in the goods, or for any cost.
5.2 - The Company shall at any time be entitled to appropriate any payment made by
the buyer in respect of any goods in settlement of such invoices or accounts in respect
of such goods as the company may in its absolute discretion think fit notwithstanding
any purported appropriation to the contrary by the buyer.
6. TERMINATION AND SUSPENSION
Without prejudice to any rights and remedies available to it, whether under the contract
or otherwise, the company shall be entitled, in its absolute discretion and upon giving to
the buyer written notice of its intention to do so, either terminate wholly or in part the
contract and/or any other contract with the buyer or to withhold, vary or suspend
performance of all or any of its obligations under the contract or any other contract in
any one or more of the following events:-
-if any sum owing to the company from the buyer on any account whatsoever shall be
unpaid after the date for payment.
- If an Insolvency Event occurs.
- If the buyer shall commit any breach of any contract within the company.
- If the company in good faith shall have doubts as to the solvency of the buyer.
If the buyer being an account customer shall exceed the credit limit agreed between it
and the company from time to time on any account. The company shall be entitled to
require as a condition of resuming performances under the contract in such
circumstances, the payment of such proportion of the sums or sum outstanding on any
such account by the buyer or such further sums as the company fit in its absolute
discretion to bring the buyer back within its agreed credit limit.
If the buyer refuses to permit or hinders performance of services the company shall be
entitled to exercise its right of termination or suspension hereunder at any time during
which the event giving rise thereto shall not have ceased or been remedied, and in the
circumstances of any such suspension, the company shall be entitled to require as a
condition of resuming performance under the contract, pre-payment of or such security
as it may stipulate for the payment pf any sum or sums due to it. Upon any such event
happening the company shall have a general lien over all monies and property of the
buyer in its possession for any sums due to the company.
7. FORCE MAJEURE
The company shall have no liability whatsoever for any failure to perform or for any
delay in the performance of any of its obligations under the contract arising wholly or
in part by reason or any factor beyond its direct control.
8. NOTICES
Any notices required to be given in writing under the contract shall be given either by
e-mail or facsimile transmission or by first class post addressed to the registered office
of the party for which it is intended.
All deposits paid to the company or account of further works are non-refundable in
the event of cancellation be the customer.
4. PAYMENT
4.1 Payment for goods supplied or specified service is due on delivery of the
goods of even completion of the installation unless the customer holds an account
with the company and has agreed to other terms. Payment may be given to the
seller’s installation engineer prior to the engineer’s departure to the buyer’s site.
In these cases the buyer shall make payment according to the agreed terms of the
account starting from the date the invoice is dated. Interest at 8% plus £20 one off
admin fee will be charged from the day to day on all monies outstanding under the
contract from thirty days after the end of the month in which the invoice is dated
until the actual date of payment (both before and after any judgement).
9. GOVERNING LAW
This contract shall be governed by the law of the country in which the contract is
made.
10. RECORDED CALLS
Calls may be recorded for quality control and training purposes.
11. REPAIRS
Betterment Services Ltd accepts no liability for any unavoidable damage caused to
surrounding areas as a direct result of any works carried out on behalf of the
customer who has been informed of the possible risks and has been given their prior
consent.