© 2019 Sports & Courts Line Marking Limited

Sports & Courts Line Marking Limited
Unit 6
The Oaks Industrial Estate
Snibston Drive
Coalville
Leicestershire
LE67 3NQ
  1. Definitions -

    1. “The Company” refers to Sports and Courts Line Marking Ltd, 6 The Oaks Industrial Estate, Snibston Drive, Coalville, Leicestershire LE67 3JH.

    2. “The Customer” refers to the company, firm, agent of company or individual to whom the quotation is addressed

    3. “The services” refers to parts, works, components or materials incorporated in the contract or order.

 

 

  1. Quotations -

  1. All quotations and orders are accepted subject to these terms and conditions. All terms and conditions or warranties (implied or expressed) are excluded from the contract or order unless expressly accepted by the company in writing.

  2. Any acceptance of services, materials or works shall be deemed to be unqualified confirmation of these terms and conditions.

  3. All prices quoted are exclusive of VAT which is payable at the prevailing rate.

  4. The company shall be entitled to adjust the selling price of the goods, services or works in the event of any price variation by the manufacturer or suppliers in the cost of raw materials, parts, goods or works.

  5.  

 

  1. Quotation Validity -

  1. Unless specifically stated or previously withdrawn the quotation is open for acceptance within 30 days of the date provided. The customer must confirm the quotation within this given time period. 

  2. The customers written acceptance of the quotation must be supported by sufficient information to enable the company to proceed with the order. Where such information provided involves the alteration of the quotation, the company is at liberty to amend the price to cover the increase of costs as a consequence of such alteration.

  3. Telephone orders must be confirmed by email or accepting the quotation provided. No responsibility is accepted for mistakes taken by telephone.

 

  1. Cancellation-

  1. Cancellation of the order by the customer for any given reason shall entitle the company to payment of all expenses, costs and losses. This will include any actual or anticipated costs expenses and losses. In relation to any fixed term contracts or orders, these losses will be the value of the remaining length of the fixed term contract or orders. Full costs will also be incurred, when the company’s operative is unable to carry out the works due to the surface being in use or access to the surface is denied due to any given reason.

  2. The company must be notified in advance by a minimum of 14 days of any issues relevant to the works or services being provided or being effected in anyway.

  3. If the customer or client acting on their behalf has not informed the company of any issues or that surfaces are not prepared or in a suitable condition for the works to be carried out, related costs for loss of income to the company will be incurred and charged to the client or customer.

 

  1. Payment Terms –

  1. All accounts are strictly for settlement within 30 days from the date of invoice, unless agreed to in writing by the company.

  2. Incomplete orders do not constitute a reason for withholding any payment by the due date.

  3. The company reserves the right to charge interest on accounts that have overdue payments or are subject to arrears. Payments will be collected through the County Court at the discretion of the directors.

  4. The customer agrees that prior to the full payment on the quotation the company or a representative of the company may at any time enter the premises of the customer without any prior notice and may remove any goods necessary.

  5. Property of goods shall not pass on to the customer until the whole purchase price (and any other sums due) has been paid to the company. Once property of goods has been passed onto the customer the item(s) shall then be at the risk of the customer

 

  1. Work schedule & delivery –

  1. Schedule and delivery dates are approximate only. The company will make every reasonable effort to meet the dates provided, however the company will not be held liable for any dates, not met. The company will not be held liable for the estimated time of delivery and overrun of works provided.

  2. If the customer is to default in any obligation to the company, is unable to pay debts or fails to make payment, of all monies owed to the company due to any circumstances. The company may withhold the delivery of any goods, services or works, until such debts have been settled.

  3. The company accepts no responsibility for delays in works due to strikes, lockouts, fires, floods, vehicle or machinery breakdowns, shortage in fuel, delay in transport, default of suppliers, embargo acts, war, dispute with workmen or by any other act out of the operative’s control.

  4. If such delays occur (unless causing the works due to be carried out are made impossible or illegal) the company shall extend the time period in order to complete works required.

  5. If the customers instructions (or lack of) cause delays the company will require an extension to the time of delivery on the works originally agreed and possible incurred costs to the company will be liable to the customer.

  6. The customer is to ensure that the area of work is not in use and that any equipment, netting or goals are removed prior to the commencement of works. Where the equipment, netting or goals have not been removed the company accept no responsibility for any damages caused as a result.

  7. Where treatment for moss and algae or other vegetation growth is performed the customer must ensure the surface is kept clear for 1 hour. Where line markings works are carried out the surface must be kept clear for 24 hours whilst the paint cures.

 

  1. General Liability and Maintenance Guarantee –

  1. After the goods have been delivered or the works completed and job sheets signed by the customer or a representative of the customer this then terminates the company’s liability, of any defect or failure in the services supplied.

  2. Any works carried out to extend the life of the surface will not totally eradicate the general build-up of any contaminates, further works may be required in the future.

  3. The longevity of the line marking cannot be guaranteed as the compounds in the paint will be affected by outside influences which the company has no control of such as (usage, climate, maintenance, machinery and chemicals)

  4. THE COMPANY SUPPLIES A LARGE NUMBER OF CUSTOMERS WITH A WIDE VARIETY OF REQUIREMENTS THE COMPANY IS NOT IN A POSITION TO ASSESS POTENTIAL LIABILITY IN THE EVENT OF ANY BREACH OF CONTRACT OR NEGLIGENCE. THE COMPANY BELIEVES THESE TERMS AND CONDITIONS ARE REASONABLE AND CUSTOMERS ARE URGED TO OBTAIN THEIR OWN INSURANCES IF NECESSARY

  5. The customer shall cover the company where they have failed to exercise reasonable care in the performance of the contract, fully indemnify the company from and against all loss demands expenses, demands claims and proceedings loss and damages made against the company by any third party, together with all costs and expenses incurred in relation to. Liability under this cause will include where the customer has failed to provide adequate access to the site or failed to notify the company of any danger or hazard in or on the proximity of the site.

 

  1. Claims –

  1. Claims by the customer that services or works supplied do not conform to the contracts or order must be made in writing within 7 days of delivery or completion. The goods or works in question shall not be subject to any process, disposed of or altered until the company has been given the opportunity to make an inspection or test. The customer should examine goods and works on delivery and if they are damaged should inform the company immediately. If the goods or works are found to be defective the company shall at its option replace them or credit the customer with their invoiced value and this shall be the limit of the company’s liability

 

 

  1. Legal –

  1. The validity of this contract shall be subject to English law and all parties submit to the non-exclusive jurisdiction of the English Courts

 

  1. Inflation –

  1. Prices fixed for regular work for more than one year may be subject to an annual increase in line with inflation.

 

  1. Invalidation-

  1. Should the customer fail to pay the contract price to the company on the due date or if a natural person die or be subject to the Mental Health Act 1959, or if any distress or execution is levied upon the customers assets or property or if the customer shall offer to make any scheme or arrangement with the creditors or commit any act of bankruptcy or (being the company) has a receiver or administrative receiver appointed of any part of its undertaking or assets or if a resolution for winding up shall be passed the company may treat all sums due or to become due on any account as immediately payable or suspend or cancel further deliveries or require payment in advance or recover any goods wheresoever they are stored or treat the contract as repudiated by the customer but without prejudice to any other rights of the company.

Company Terms and Conditions