Terms & Conditions for the supply
of cleaning services – Pram Fresh Ltd
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1. Interpretation
The following definitions and rules of interpretation apply in these Terms & Conditions. Charges: the charges payable by the Customer for the supply of the Services in accordance with clause 7..Contract: the contract between the Supplier and the Customer for the supply of Services in accordance with these Conditions.Customer: the person or firm who purchases Services from the Supplier.
Order: the order for Services requested by the Customer from the Supplier howsoever requested (telephone, email or online booking and specific details of which are set on the Order Invoice once provided).Order Invoice: the emailed or hard copy order invoice provided to the Customer by the Supplier.Services: the cleaning services supplied by the Supplier to the Customer as set out on the Order Invoice.
Supplier: Pram Fresh Ltd registered in England and Wales with company number 14210395.Terms & Conditions: these terms and conditions as amended from time to time in accordance with clause 12.3. Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.A reference to writing or written includes email but not fax.
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2. Basis of contract
2.1 The Order constitutes an offer by the Customer to purchase Services in accordance with these Terms & Conditions.
2.2 The Order shall only be deemed to be accepted when the Supplier specifically indicates acceptance of it via email or telephone and issues the Order Invoice.
2.3 Any descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier's catalogues, brochures, website or social media are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
2.4 These Terms & Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.5 Any quotation given by the Supplier shall not constitute an offer, and is only valid for a period of 10 days from its date of issue.
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3. Supply of Services
3.1 The Supplier shall supply the Services to the Customer.
3.2 The Supplier shall use all reasonable endeavours to meet any performance dates specified but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
3.3 The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill.
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4. Cleaning Process
4.1 The Supplier uses professional materials and cleaning methods to obtain the best possible cleaning result on prams, buggies, car seats and other related children’s products. Where available, the Supplier shall use reasonable endeavours to adhere to manufacturers guidelines. The Supplier also uses water, steam, and non-biological mild detergents.
4.2 Customers must discuss allergies or special circumstances with the Supplier prior to the provision of the Services.
Black Mould The Supplier will do its best to get everything as clean and safe as possible, however the Customer accepts that the when items have black mould (especially on fabrics) this could leave permanent marks and currently Pram Fresh is not offering any type of mould removal or treatment. If the Customer is unsure about whether to use the items if black mould marks are present the Supplier strongly recommends seeking advice from a qualified source, such as the NHS.
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6. Customer's obligations
6.1 The Customer shall:
(a) ensure that the terms of the Order are complete and accurate;
(b) co-operate with the Supplier in all matters relating to the Services;
(c) provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects.
6.2 If the Supplier's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
(a) without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier's performance of any of its obligations;
(b) the Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations as set out in this clause 6.2; and
(c) the Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.
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7. Charges and payment
7.1 The Charges for the Services shall be as detailed on the Order Invoice.
7.2 Full payment is due before items are returned.
7.3 The Supplier accepts payment by cash or bank card.
8. Collection & Return:
8.1 The Supplier offers local collection and delivery for an additional charge on request.
8.2 Collections and returns are be carried out using the Supplier’s vehicles.
8.3 The Supplier will not be held responsible for delays to the service caused by unforeseen circumstances or additional requirements. 2
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9. Limitation of liability
9.1 References to liability in this clause 9 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
9.2 Nothing in this clause 9 shall limit the Customer's payment obligations under the Contract.
9.3 The Customer acknowledges that the Supplier is a cleaning company items and as such items are sent to us are in dirty, damaged and/or otherwise devalued condition.
9.4 Should an item become damaged in the Supplier’s care the liability of the Supplier shall not exceed 5 times the amount of the Charges. Items in the Supplier’s care are items waiting for Services to be carried out or waiting for collection by or delivery to the Customer after Services have been carried out.
9.5 The Supplier will not be held liable for:
(a) any damage which is not related to or caused by the Services;
(b) any damage not related to the Services that have been agreed;
(c) where an item is repaired to a reasonably satisfactory standard no liability will be accepted for any depreciation in value;
(d) loss of value against manufacturer original models after the Services has been carried-out;
(e) any damage to, or defect in, an item which we have not been contracted to work on (this includes hardware);
(f) delays or failures which are due to any cause beyond the Supplier’s reasonable control;
(g) failed Services due to manufacturing or design faults Charges may still apply for work undertaken;
(h) any loss or damage of items that are not noted during the booking in process.
9.6 This clause 9 shall survive termination of the Contract.
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10. Cancellation
10.1 If your plans change, you can reschedule up to 10am on the day before collection/drop off of the item. The full amount of the Charges will be made after this time.
10.2 Requests for refunds can be made by emailing info@pramfresh.co.uk. Approved refunds will be made within 48 hours.
10.3 The Supplier may terminate the Contract or suspend the supply of Services with immediate effect if the Customer fails to pay any amount due under the Contract on the due date for payment.
10.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
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11. Complaints
11.1 It is the Customer’s responsibility to check all items on return.
11.2 In the event the Customer is dissatisfied with the supply of the Services work, they should contact the Supplier within 48 hours to allows us to assess and help put things right.
11.3 If the Supplier reasonably considers they are at fault, they will endeavour to re-clean or
otherwise provide the expected service to the Customer’s satisfaction and at the Supplier’s cost. In all circumstances this will be the first course of action and is not an offer of compensation.
11.4 Once a corrective arrangement has been reached between the Supplier and the Customer, it is made on the basis of full and final settlement.
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12. General
12.1 Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
12.2 Entire agreement.
(a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
(c) Nothing in this clause shall limit or exclude any liability for fraud.
12.3 Variation. Except as set out in these Terms & Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties.
12.4 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
12.5 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this Contract deleted under this clause 12.5 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
12.6 Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
12.7 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
12.8 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
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