These Terms and Conditions are the standard terms for the provision of Services by PBF Drainage Services Ltd.
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” means any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Contract” means the contract for the provision of Services, as explained in Clause 3;
“Month” means a calendar month;
“Price” means the price payable for the Services;
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Special Price” means a special offer price payable for Services which We may offer from time to time;
“Order” means your order for the Services as attached;
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3;
“UK Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
“We/Us/Our” means PBF Drainage Services Ltd.
Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, fax or other means.
2. Information About Us
- PBF Drainage Services Ltd, trading as PBF Drainage, is a Private Limited Companyregistered in England under number 08137100, whose registered address is 27 Rothersthorpe Crescent, Northampton. NN4 8JD.
- Our VAT number is 140231764
3. The Contract
- These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
- Nothing provided by Us including, but not limited to, sales and marketing literature, price lists andother documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
- A legally binding contract between Us and you will be created upon our acceptance of your Order,indicated by Our Order Order Confirmations will be provided in writing.
- We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparentfrom the context of the transaction:
- The main characteristics of the Services;
- Our identity (set out above in Clause 2) and contact details (as set out below in Clause 11);
- The total Price for the Services including taxes or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
- The arrangements for payment, performance and the time by which (or within which) Weundertake to perform the Services;
- Our complaints handling process;
- Where applicable, details of after-sales services and commercial guarantees;
- The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract;
- All Orders for Services made by you will be subject to these Terms and Conditions.
- You may change your Order up to 48 hours before We begin providing the Services by contacting Us. Requests to change Orders do not need to be made in writing.
- Or in the case of pre manufactured materials once production has commenced or on completion of manufacture materials charges will be incurred. Including any delivery or disposal charges.
- If your Order is changed We will inform you of any change to the Price in writing
- You may cancel your Order not less than 48 hours prior to commencement of the Services. Any cancellations less than 48 hours prior to commencement of the Services will be 80% chargeable. Any cancellations made less than 24 hours prior to the commencement of the services will be full chargeable. If you have already made any payments to Us under Clause 5, subject to sub- Clause 5.6, thepayment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If you request that your Order be cancelled, you must confirm this in writing. If you wish to cancel the Services after this time period, or once We have begun providing the Services, please refer to Clause 10.
- We may cancel your Order at any time but not less than 48 hours before we begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our reasonable If such cancellation is necessary, We will inform you as soon as is reasonably possible. If you have made any payments to Us under Clause 5 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation. Cancellations willbe confirmed in writing.
5. Price and Payment
- The Price of the Services will be that shown in Our Order Form in place at the time of your Order.
- If We quote a Special Price will be valid for 30 days.
- Our Prices may change at any time but these changes will not affect Orders that We havealready Unless works differ from original order. (Including sizes, lengths, thicknesses,quantities, volume, weight)
- All Prices exclude VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.
- The balance of the Price will be payable on completion of the Services.
- We accept the following methods of payment:
- If you do not make payment to Us by the due date as shown on Our invoice We may charge you interest on the overdue sum at the rate of 10% per annum above the base lending rate of the Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after You must pay any interest due when paying an overdue sum including late payment compensation fees.
- The provisions of sub-Clause 5.7 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is All disputes must beraised within 7 days of receipt of invoice.
6. Providing the Services
- As required by law, We will provide the Services with reasonable skill and care, consistent withbest practices and standards in the Drainage Construction Industry, and in accordance with anyinformation provided by Us about the Services and about Us.
- We will begin providing the Services on the date confirmed in Our Order Confirmation.
- We will make every reasonable effort to complete the Services on time (and in accordance withyour Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 9 for events outside of Our control.
- If We require any information or action from you in order to provide the Services, We will informyou of this as soon as is reasonably possible.
- If the information or action required of you under sub-Clause 6.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a If additional workis required from Us to correct or compensate for a mistake made as a result of incomplete orotherwise incorrect information or action on your part, We may charge you a reasonable additionalsum for that work.
- In certain circumstances, for example where there is a delay in you sending Us information ortaking action required under sub-Clause 4, We may suspend the Services (and will inform you of that suspension in writing).
- In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.
- If the Services are suspended under sub-Clauses 6.7, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have alreadyreceived from Us by their due date(s).
- If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing. This does not affect Our right to charge you interest under sub-Clause 5.7.
7. Problems with the Services and Your Legal Rights
- We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible (you do not need to contact Us in writing).
- We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical. In emergency situations, such as those where vulnerable people living in your property may be affected, We will use reasonable efforts to remedy problems within 24 hours.
- We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of our agents or employees or sub- contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 6.5 will apply and We may charge you for remedial work.
- As a consumer, you have certain legal rights with respect to the purchase of For full details of your legal rights and guidance on exercising them, it is recommended that you contactyour local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have providedabout them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legalrights, We will not charge you for the same and We will bear any and all costs of such repeatperformance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same paymentmethod originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty orincorrectly described.
- In the unlikely event that our equipment becomes stuck and we are unable to retrieve it via conventional methods (pulling/pushing/driving out, etc). It would become your responsibility toassist us in retrieving our equipment and covering any additional costs incurred by factors such asexcavating or repairing/replacing equipment.
8. Our Liability
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contractis We will not be responsible for any loss or damage that is not foreseeable.
- If We are providing Services in your property and We cause any damage, We will make goodthat damage at no additional cost to We are not responsible for any pre-existing faults ordamage in or to your property that We may discover while providing the Services.
- Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
- Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
- Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
9. Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable Such causes include, butare not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
- If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
- We will inform you as soon as is reasonably possible;
- Our obligations under these Terms and Conditions will be suspended and any time limits that Weare bound by will be extended accordingly;
- We will inform you when the event outside of Our control is over and provide details of any newdates, times or availability of Services as necessary;
- If an event outside of Our control occurs and you wish to cancel the Contract, you may do so inaccordance with your right to Cancel under sub-Clause 10.3.3. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice;
- If the event outside of Our control continues for more than 2 weeks, We will cancel the Contractin accordance with Our right to cancel under sub-Clause 10.6.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Ourcancellation notice.
- If you wish to cancel your Order for the Services before the Services begin, you may do so undersub-Clause 4.4.
- Once We have begun providing the Services, you are free to cancel the Services and the Contract at any time by giving Us not less than 48 hours written notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make paymentin accordance with Clause 5.
- If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sumsand you will be required to make payment in accordance with Clause 5. If you cancel because of Our breach under sub-Clause 10.3.1, you will not be required to make any payments to Us. You will not be required to give 48 hours’ notice in these circumstances:
- We have breached the Contract in any material way and have failed to remedy that breach within 14 days of you asking Us to do so in writing; or
- We enter into liquidation or have an administrator or receiver appointed over Our assets; or
- We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 2.4); or
- We change these Terms and Conditions to your material disadvantage.
- We may cancel your Order for the Services before the Services begin under sub-Clause 4.5.
- Once We have begun providing the Services, We may cancel the Services and the Contract at any time by giving you 48 hours written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have providedServices that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make paymentin accordance with Clause 5.
- If any of the following occur, We may cancel the Services and the Contract immediately by giving you written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 5. We will not be required to give 48 hours’ notice in these circumstances:
- You fail to make a payment on time as required under Clause 5 (this does not affect our right to charge interest on overdue sums under sub-Clause 10); or
- You have breached the Contract in any material way and have failed to remedy that breach within 14 days of Us asking you to do so in writing; or
- We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 9.2.5).
- For the purposes of this Clause 10 (and in particular, sub-Clauses 10.3.1 and 6.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party. In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
11. Communication and Contact Details
- If you wish to contact Us, you may do so by telephone at 01604 753558 or by email at email@example.com
- In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use thefollowing methods:
- Contact Us by email at firstname.lastname@example.org; or
- Contact Us by pre-paid post at 27 Rothersthorpe Crescent, Northampton NN4 8JD
12. Complaints and Feedback
- We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
- If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in one of thefollowing ways:
- In writing, addressed to General Manager, PBF Drainage Services Ltd, 27 RothersthorpeCrescent, Northampton NN4 8JD
- By email, addressed to email@example.com
13. How We Use Your Personal Information (Data Protection)
- All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
- For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis orbases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from firstname.lastname@example.org
14. Other Important Terms
- We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
- The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
- If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
15. Governing Law and Jurisdiction
- These Terms and Conditions, the Contract, and the relationship between you and Us (whethercontractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
- As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 15.1 above takes away or reduces your rights as a consumer torely on those provisions.
- Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.