Terms & Conditions
TERMS AND CONDITIONS OF BUSINESS OF Maintenance Hive Limited
Trading As “Maintenancehive”
[Company Number 11303654]
1. Definitions
The following expressions shall have the following meanings:
1.1 “Supplier” means Maintenance Hive Limited trading as “Maintenancehive” of 26 Albermarle Link, Chelmsford, Essex, CM1 6AG.
1.2 “Customer” means any person who purchases Services and/or Products from the Supplier.
1.3 “Proposal” means a statement of work, estimate or other similar document describing the Services and/or the Products.
1.4 “Services” means the services as described in the Proposal and includes any materials required to complete the work.
1.5 “Products” means any products supplied by the Supplier to the Customer.
1.6 “Terms and Conditions” means the terms and conditions of supply of Services and/or Products set out in this document and any subsequent terms and conditions agreed in writing by the Supplier.
1.7 “Order” means the formal acceptance by the Customer of the Proposal.
1.8 “Agreement” means the contract between the Supplier and the Customer for the provision of the Services and/or Products incorporating these Terms and Conditions.
1.9 “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know-how, confidential information or process, any application for any of the above, and any other Intellectual Property Right recognised in any part of the world whether or not presently existing or applied for.
1.10 “Adjudicator” is the party nominated to resolve a dispute between the Customer and the Supplier.
2. GENERAL
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services and/or Products by the Supplier to the Customer and shall supersede any other documentation or communication between the Supplier and the Customer.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services and/or Products, by virtue of any statute, law or regulation.
3. PROPOSAL
3.1 The Proposal for Services and/or Products is attached to these Terms and is available for inspection on www.maintenancehive.com. By accessing the website, you confirm your agreement to be bound by these Terms and Conditions.
3.2 The Proposal for Services and/or Products shall remain valid for a period of 28 days from the date of the Proposal.
3.3 The Proposal must be accepted by the Customer in its entirety.
3.4 The Customer shall be deemed to have accepted the Proposal by placing an Order with the Supplier.
3.5 The Agreement between the Supplier and the Customer, incorporating these Terms and Conditions, shall only come into force when the Supplier confirms an Order in writing to the Customer. Prior to any confirmation, the Supplier has the right to refuse any Order.
4. SERVICES, PRODUCTS AND DELIVERY
4.1 The Services and/or Products are as described in the Proposal.
4.2 Any variation to the Services and/or Products must be agreed by the Supplier in writing.
4.3 Any drawings, descriptions, or specifications contained in advertising material, brochures, or catalogues issued by the Supplier are for the sole purpose of giving an approximate idea of the Products and/or Services and will not form part of any Agreement unless otherwise agreed in writing by the Supplier.
4.4 The Services and/or Products will be delivered between the hours of 08.00 hrs and 20.00 hrs Monday to Friday. The Supplier may vary these times by intimating in writing details of the change to the Customer.
4.5 Dates given for the delivery of Services and/or Products are estimates only and not guaranteed. Time for delivery shall not be of the essence of the Agreement, and the Supplier shall not be held liable for any loss, costs, damages, charges, or expenses caused directly or indirectly by any delay in delivery.
5. PRICE AND PAYMENT
5.1 The price for Services and/or Products is as specified in the Proposal and is inclusive of VAT any other charges as outlined in the Proposal.
5.2 The price for any materials required to complete the Services is as specified in the Proposal.
5.3 The terms for payment are as specified in the Proposal.
5.4 The Customer must settle all payments for Services and/or Products on delivery of the Supplier’s Invoice.
5.5 The Customer will pay interest on all late payments at a rate of 10% per annum of the total sum specified in the Proposal.
5.6 The Supplier is also entitled to recover all reasonable expenses incurred in obtaining payment from the Customer where any payment due to the Supplier is late.
5.7 The Customer is not entitled to withhold any monies due to the Supplier.
5.8 The Supplier is entitled to vary the price to take account of:
5.8.1 any additional Services and/or Products requested by the Customer which were not included in the original Proposal;
5.8.2 any increase in the cost of materials;
5.8.3 any additional work required to complete the Services which was not anticipated at the time of the Proposal;
and any variation must be intimated to the Customer in writing by the Supplier.
Sections 6 Through 25
[Sections 6 through 25 continue as initially provided, with all instances of “Santonio and Jenny Limited” changed to “Maintenance Hive Limited”]
25. GOVERNING LAW
These Terms and Conditions 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.