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1. These Terms and Conditions apply to the provision of the services detailed in our quotation for Tornado Pest Control Limited of 19 Elmfield Road, New Rossington, South Yorkshire, DN11 0BS (weor us) to the person buying the services (you).
2. You are deemed to have accepted these Terms and Conditions when you accept our quotation.
3. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
4. Words imparting the singular number shall include the plural and vice-versa.
5. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation.
6. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
7. All of these Terms and Conditions apply to the Service unless we specify otherwise.
8. You must obtain any permission, consent, to properties which we need to provide the Services.
9. If you do not comply with clause 8 service will not be initiated.
10. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).
11. The fees (Fees) for the Services are set out in the quotation.
12. Residential: Payment will be due on treatment day for all residential jobs unless an alternative date is agreed during the quotation.
13. Commercial: Payment will be due on within 7 days of receiving the invoice unless an alternative date is agreed during the quotation.
14. The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
15. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 1 day from the date of the quotation.
16. Residential: Payment will be due on treatment day for all residential jobs unless an alternative date is agreed during the quotation
17. Commercial: Payment will be due on within 7 days of receiving the invoice unless an alternative date is agreed during the quotation
18. Cash, Card, BACS transfer and cheques are accepted.
19. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
20. Receipts for payment will be issued by us only at your request.
21. All payments must be made in British Pounds unless otherwise agreed in writing between us.
22. We can terminate the provision of the Services immediately if you:
a. commit a breach of your obligations under these Terms and Conditions; or
b. fail to make pay any amount due under the Contract on the due date for payment; or
c. are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
23. We reserve all copyright and any other intellectual property rights which may subsist in any provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
24. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
25. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
26. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses or;
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
27. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
28. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
29. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
30. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
31. Notices shall be deemed to have been duly given:
a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
c. on the fifth business day following mailing, if mailed by national ordinary mail; or
d. on the tenth business day following mailing, if mailed by airmail.
32. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
33. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
34. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
35. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.