MR & MRS WINDOW CLEANING
TERMS AND CONDITIONS (# 1 to 42)
Please read all these Terms and Conditions
As we are able to accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, please just phone us on 07411 021177.
Application
1. These Terms and Conditions will apply to the purchase of the services by you (the Customer or you).
2. Mr & Mrs Window Cleaners of 2 Park Way, Worcestershire, WR9 9HE with email address: [email protected]; telephone number: 07411 021177 (the Supplier or us or we).
3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
Interpretation
4. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
5. Contract means the legally-binding agreement between you and us for the supply of the Services;
6. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the proposal;
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the proposal;
8. Order means the Customer's written acceptance of a proposal for the Services from the Supplier as set out in the proposal or in the Customer's written acceptance of the Supplier's proposal;
9. Services means the services, including any Goods, of the number and description set out in the Order.
Services
10. The description of the Services is as set out in our website, flyers, brochures or other form of advertisement. Any description is for illustrative purposes only.
11. In the case of Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
12. All Services are subject to availability.
13. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We may not notify you of these changes.
Customer Responsibilities
14. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required and provide us with all information required to perform the Services (unless otherwise agreed).
15. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Basis of Sale
16. The description of the Services in our website, flyers, brochures or other form of advertisement does not constitute a contractual offer to sell the Services.
17. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
18. A Contract will be formed for the Services ordered upon the Customers written acceptance of the Proposal or, if earlier, the Supplier's delivery of the Services to the Customer.
19. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
20. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
Fees and Payment
21. The fees (Fees) for the Services and any additional delivery or other charges is that set out in our quotation current at the date of the Order or such other price as we may agree in writing.
22. Fees and charges include Tax at the rate applicable at the time of the Order.
23. Payment for Services must be made within 1 day of invoice or completion of services. You can pay either in cash, by submitting your credit or debit card details, by using a mobile card payment machine with the approved representative (if available), by Online Banking Transfer or by ‘Bank Standing Order’. We can take payment immediately, or otherwise, after delivery of the Services.
Delivery
24. We will deliver the Services, to the Delivery Location noted on the quotation by the time or within the agreed period or, failing any agreement in the case of Services, within a reasonable time.
25. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of travel and redelivering them.
Duration, Termination and Suspension
26. The Contract continues as long as it takes us to perform the Services.
27. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. Commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. Is subject to any step towards its bankruptcy or liquidation.
28. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Privacy
29. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
30. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy and Cookies Policy which can be found at www.mrandmrswindows.com
31. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. 'GDPR' means the UK General Data Protection Regulation.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
32. We are a Data Controller of the Personal Data we process in providing the Services to you.
33. Where you supply Personal Data to us so we can provide Services to you, and we process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:
a. Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
34. For any enquiries or complaints regarding data privacy, you can e-mail: [email protected].
Successors and Our Sub-contractors
35. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances Beyond the Control of Either Party
36. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery.
37. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
38. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
39. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
40. We try to avoid any dispute, so we discuss any potential/noticeable issues verbally with the customer where we become or are made aware of them. We will attempt to put this in writing in the quotation or proposal where possible if aware prior to work commencing.
41. If required we deal with complaints as follows: If a customer is unsatisfied with the services we have provided they should contact us within 24 hours of completion so we can discuss potential solutions.
42. The ‘24 hour Guarantee’ referred to in our website, flyers, brochures or other form of advertisement is provided to allow the Customer to inspect the services carried out by us and contact us within 24 hours of completion of the service to discuss and request reasonable remedial work to be carried out, subject to the below definitions :-
a. Inclusions:
Workmanship defined as unsatisfactory by the Customer relating to the ‘finish’ of services provided, within reason and in line with industry standards and procedures. E.g Multiple water marks left on glass after drying, missed windows or areas (referring to the quoted areas defined in the quotation only).
b. Exclusions:
i. Bird or Animal droppings clearly left after work was completed by the Supplier
ii. Damages caused by other contractors before or after services were carried out by us
iii. Failure of structural integrity of window and door frames or sealed units / window and door seals / solar panel frames or seals / Fascias, Soffits and Gutters
iv. Weather related issues or other ‘acts of god’ occurring after we have completed services to the Customer.
End of Mr & Mrs Window Cleaners’ Terms and Conditions policy
Revision Date: 07/11/2023