Terms of Use

TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Definitions
Contract: means the Quotation, Order, and these Conditions which form the agreement between the Customer and Supplier.
Contract Price: means the price payable for the Goods and/or Services as stated in the Order.
Customer: means Enviromena Project Management UK Limited registered in England and Wales under company number 12079566.
Deliverables: means the deliverables set out in writing by the Supplier for the Goods and/or Services and reproduced in the Order.
Goods: means the goods (or any part of them) set out in the Order.
Order: means the Customer’s purchase order for the supply of Goods and/or Services issued in response to the Quotation.
Parties: means the Customer and the Supplier, and each a ‘Party’ as the case may be.
Quotation: means the quotation sent by the Supplier to the Customer detailing the scope of Goods and/or Services offered, including any technical specifications and pricing information within the same.
Services: means the services, including the Deliverables, supplied by the Supplier to the Customer as set out in the Quotation.
Supplier: means the person or firm the Customer is purchasing Goods and/or Services from.
Working Day: means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Working Hours: means the period from 9.00am to 5.00pm on any Working Day.

Orders

  • Any Order placed by the Customer, whether orally, in writing or in electronic form, shall constitute a binding contract of sale once the Supplier has accepted it.

  • Unless otherwise agreed in writing by the Parties, all Goods and/or Services shall be supplied in accordance with the Conditions to the exclusion of any additional terms and conditions (if any) and any representations, warranties, or communications not expressly incorporated in these Conditions.

Price

  • The Goods and/or Services shall be charged at the Contract Price agreed at the date the Order is made.

  • The Contract Price shall include all duties, levies, or other imposts (excluding VAT).

Payment

  • Payment shall be made within 30 Working Days of receipt of an invoice marked payable by the Customer.

  • Interest shall be charged on the sums outstanding at the rate of 4% per month above the base rate of Barclays Bank plc from time to time, such interest to accrue on a daily basis until payment is made to be paid without deduction of tax.

Delivery of Goods

  • The Supplier will make every effort to effect delivery in accordance with the Customer’s requirements.

  • The Supplier will deliver the Goods in line with the timescales set out in the Order or, where no timescale is given, as soon as reasonably practicable (the ‘Delivery Date’). If the Supplier fails to deliver the Goods within the time frame, the Supplier shall pay to the Customer, as liquidated damages, 0.1% of the Contract Price per day for the period commencing the date after the Delivery Date and ending on the date on which the Supplier delivers the Goods to the Customer.

  • Time shall be of the essence for the purposes of this Condition.

  • All deliveries shall be made within Working Hours.

  • For all deliveries made to the Customer’s premises, the Customer must provide safe and suitable access, storage facilities, and supervision for off-loading operations.

Quality of Goods
The Supplier warrants that on delivery, the Goods shall:

  • Be free from material defects in design, material, and workmanship.

  • Be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

  • Be fit for purpose.

Loss or Damage of Goods in Transit

  • The Supplier shall replace free of charge any Goods lost or damaged in transit provided that the Customer notifies the Supplier in writing of such loss or damage within 2 Working Days of delivery.

Supply of Services

  • The Supplier shall supply the Services to the Customer in accordance with the Quotation in all material respects.

  • The Supplier shall meet any performance dates for the Services specified in the Quotation, and time shall be of the essence for the performance of the Services.

  • If the Supplier fails to deliver the Services in line with deadlines for performance (the ‘Performance Date(s)’), the Supplier shall pay to the Customer, as liquidated damages, 0.1% of the Contract Price per day for the period commencing the date after the Performance Date(s) and ending on the date on which the Supplier completes delivery of the Services.

  • The Supplier warrants that the Services will be provided using all reasonable care and skill and in compliance with the Supply of Goods and Services Act 1982.

Risk and Ownership

  • Title in the Goods shall remain the sole and absolute property of the Supplier until the Customer has made payment in full, but the risk of loss or damage to the Goods shall pass to the Customer on completion of delivery.

Intellectual Property Rights

  • All Intellectual Property Rights in or arising out of or in connection with the Goods and/or Services shall be owned by the Supplier.

  • The Supplier grants the Customer a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by the Supplier to the Customer for the term of the conditions for the purpose of providing the Goods and/or Services to the Customer.

Force Majeure
Neither Party shall be liable for any failure or delay in performance of its obligations if such performance is prevented or hindered by circumstances outside the Party’s direct control.

Confidentiality

  • Each party undertakes not to disclose confidential information except as permitted by these Conditions.

Limitation of Liability

  • The Supplier shall indemnify the Customer for direct loss and damage caused by the quality or description of the Goods and/or Services.

Insurance

  • The Supplier is to maintain public liability insurance and product liability insurance at a level covering not less than the Contract Price.

Termination

  • Either party may terminate the contract by giving the other party not less than 1 month’s written notice.

Governing Law & Jurisdiction

  • These Conditions shall be construed in accordance with the laws of England and Wales.

  • Each party agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Conditions.