STANDARD TERMS AND CONDITIONS PIGGY BANKRUPT |
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1. |
INTERPRETATION | |
| In this document the following words shall have the following meanings: | ||
| 1.1 | "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977; | |
| 1.2 | "Customer" means any person who purchases Services from the Supplier; | |
| 1.3 | "Proposal" means a statement of work, quotation or other similar document describing the services to be provided by the Supplier; | |
| 1.4 | "Services" means the services specified in the Proposal; | |
| 1.5 | "Supplier" means Mark Davis trading as Piggy Bankrupt of PO Box 89, Caldicot, Monmouthshire, NP26 5WW; | |
| 1.6 | "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier. | |
| 2 | GENERAL | |
| 2.1 | These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer. | |
| 2.2 | Any variation to these Terms and Conditions shall be inapplicable unless 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, by virtue of any statute, law or regulation. | |
| 2.4 | Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer. | |
| 3 | THE ORDER | |
| 3.1 | The Proposal delivered with these Terms and Conditions shall remain valid for a period of 15 working days, starting the day the proposal was sent by the Supplier. | |
| 3.2 | The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1. | |
| 3.3 | All Orders for the Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions. | |
| 4 | PRICE AND PAYMENT |
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| 4.1 | The price for the Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal. | |
| 4.2 | Payment of the price shall be in the manner specified in the Proposal. | |
| 4.3 | Service will not commence until payment is received in full from the Customer. | |
| 5 | CUSTOMER'S OBLIGATIONS | |
| To enable the Supplier to perform its obligations the Customer shall: | ||
| 5.1 | co-operate with the Supplier; | |
| 5.2 | provide the Supplier with any information reasonably required by the Supplier, including but not limited to personal financial information; | |
| 5.3 | comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties. | |
| 6 | SUPPLIER'S OBLIGATIONS | |
| 6.1 | The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice. | |
| 6.2 | The supplier shall issue to the Customer Terms and Conditions with the Proposal. | |
| 7 | LIMITATION OF LIABILITY | |
| 7.1 | Except for death or personal injury caused by negligent acts or omissions the Supplier shall only be liable for any loss or damage which is a reasonably foreseeable consequence of a breach of this Agreement. | |
| 7.2 | The Customer will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by the Supplier as a result of its breach or default in the discharge of its obligations. | |
| 7.3 | Nothing in this Agreement shall exclude or limit the Supplier’s liability for death or personal injury resulting from the supplier’s negligence or that of its employees, agents or sub-contractors. | |
| 7.4 | For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date. | |
| 8 | CANCELLATIONS | |
| 8.1 | The cancellation rights of the Customer will last for seven working days, counting from the day after order except where 8.2 applies. | |
| 8.2 | The cancellation rights of the Customer will end when the Customer agrees to the Service starting before the end of the usual cancellation period and the performance of Service starts. | |
| 9 | CUSTOMER SERVICES | |
| 9.1 | The Customer may contact the Supplier at the address in 1.5 above if they are unsure of their rights under these terms or if the they want any explanation about them. | |
| 10 | COMPLAINTS | |
| All complaints should be sent in writing to: The Complaints Department, Piggy Bankrupt, PO Box 89, Caldicot, Monmouthshire, NP26 5WW. All complaints will be dealt with in accordance with the complaints policy of the Supplier, which is available upon request. | ||
| 11 | FORCE MAJEURE | |
| Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations. | ||
| 12 | SEVERANCE | |
| If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated. | ||
| 13 | VARIATION AND AMENDMENTS | |
| 13.1 | If the Customer wishes to vary any details of the proposal following the commencement of Service it must notify the Supplier in writing as soon as possible. The Supplier shall endeavour to make any required changes and any additional costs thereby incurred shall be paid before the variations can be accepted in to the Service. | |
| 13.2 | If, due to circumstances beyond the Supplier’s control, it has to make any change in the arrangements relating to the provision of the Services it shall notify the Customer forthwith. The Supplier shall endeavour to keep such changes to a minimum and shall seek to offer the Customer arrangements as close to the original as is reasonably possible in the circumstances. | |
| 14 | COPYRIGHT | |
| The Supplier reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of the Supplier's services or facilities. The Supplier reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright. | ||
| 15 | DATA PROTECTION | |
| The Supplier shall process the data of the Customer in accordance with the Privacy Policy of the Supplier. | ||
| 16 | GOVERNING LAW | |
| These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales. |
