BTP Environmntal services Ltd and BTP Proffesional Bird & Pest Control Terms of trading:
BTP Environmental Services Limited (BTP) shall:
- Carry out the Services or Works as specified in the service agreement.
- Perform the Services with reasonable care and skill, but gives no guarantee or warranty that it will eradicate all target species. (with the exception of a wasp nest).
- Change the Specification, design, materials or finishes of the Products and/or provision of the Service to conform to any safety, statutory or regulatory obligations or which do not materiality affect their quality or performance.
The Customer shall:
- Provide access for operatives to carry out its Services at any reasonable time or as specified in the service agreement.
- Permit BTP to make a charge at the normal hourly rate for any wasted journeys due to failure to observe an appointment, delays in carrying out the work or cancellations as a result of the Customer’s failure to allow access, or provide proper instruction.
This Agreement is personal to the customer who may not without prior written consent transfer any or all of its rights or obligations under the Agreement.
Any person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
LIABILITY AND INDEMNITY
This Agreement does not affect the statutory rights of a consumer.
BTP does not exclude its liability (if any) to the Customer if:
- For any matter which it would be illegal for BTP to exclude or to attempt to exclude its liability.
- For breach of BTP’s obligations arising under section 12 Sale of Goods Act 1979 or section 2 Sale and Supply of Goods and Services Act 1982.
- For personal injury or death which is a direct result of BTP negligence in the course of carrying out the Services or works set out in the service agreement.
- For fraud.
- For any non-fraudulent statement made or not made or advice given or not given by or on behalf of BTP.
- Physical damage to property which is the direct result of BTP’s negligence in carrying out the Services up to a limit of £25,000 for anyone occurrence or series of occurrences arising out of one event;
and replacement or (at BTP’s option) repair of any equipment or components comprised therein, which are defective or unsuitable for the purpose due to faulty workmanship, design or materials.
The Customer agrees to indemnify, keep indemnified and hold harmless BTP from and against all direct, indirect economic or consequential loss (all three of which terms include, but are not limited to, loss
of profits, loss of business, depletion of goodwill and like loss), costs, expenses, liabilities, injuries, damages, claims, demands, proceedings or legal costs and judgements which BTP incurs or suffers as a
consequence of direct or indirect breach or negligent performance or failure in performance by the customer of the terms of the agreement.
The Customer shall not be entitled to make any claim against BTP or its employees unless it gives BTP written notice of the event giving rise to such claim, containing sufficient information for it to be
identified and investigated by BTP within 28 days of the date on which the Customer becomes or ought reasonably to have become aware of the occurrence of such event.
The Customer acknowledges that the above provisions of this clause are reasonable and reflected in the price which would be higher without those provisions, and the customer will accept such risk and/or insure accordingly.
This Agreement shall commence on the agreed commencement date and, subject to the provisions for -earlier termination set out elsewhere in these terms, will continue until terminated by either party giving to the other not less than two months’ prior written notice to be given between four and two months prior to any anniversary of the commencement date and to expire on that anniversary.
- Either party may by notice in writing served on the other, without prejudice to the rights, duties and liabilities of either the customer or BTP accrued prior to termination, terminate the agreement forth-
with if the other:
- Becomes bankrupt, insolvent, makes any composition with its creditors, has a receiver appointed under the Mental Health Act 1983 or dies.
- Is in material breach (including, but not limited to, failure to pay any sums due) of any of the terms of agreement and, where the breach is capable of remedy, the party in breach fails to remedy such breach within 28 days service of a written notice from the other, specifying the breach and requiring it to be remedied.
- Has any distrait, execution or other process levied or enforced on any of its property and ceases to trade or is threatening to cease trade.
If the Customer purports to terminate this agreement before expiry of the minimum term or other than by giving the required period of notice or if BTP terminates this agreement in the circumstances set
elsewhere in the agreement then the customer shall pay to BTP upon receipt of invoice by way of liquidation and agreed damages a sum equal to the fees due at the applicable price for either:
- The balance of the minimum term; or if this is less than the required period of notice.
- The period from the date of the said notice of termination until expiry of the required period of notice.
BTP will be entitled to suspend any performance otherwise due to occur following service of a notice specifying a breach until either the breach is remedied or the agreement terminates, whichever
The customer agrees that, during the term of this agreement and for a period of 12 months following termination thereof it will not solicit or entice away of endeavour to solicit or entice away from BTP,
or employ or offer employment to or engage or otherwise contract, whether as employee, contractor, franchise or otherwise for the purpose of bird or pest control with any person who was employed by
BTP during this agreement and with whom the customer had contact nor (which is a separate covenant) will the customer either during the term of this agreement or for a period of 36 months following
termination thereof engage contract with or otherwise do business for the purposes of bird or pest control with any business in which any such person is an employee or contractor.
PRICE AND PAYMENTS
The price for the services and/or products will be set out in the Specification and is:
- Exclusive of any Value Added Tax (VAT) or other applicable sales tax or duty and;
- Any costs of packaging and carriage of the products and such sums will be added to the sum in question.
- BTP will be entitled to increase the price for Services and/or Products:
- Following any changes in circumstances/ Service agreement made at the request of the Customer and agreed by BTP.
- To meet the cost of any additional expenses incurred by BTP as the result of the Customers instructions or lack of instructions.
- Annually on each anniversary of the Commencement Date in line with the changes in the general index of retail prices.
BTP may invoice the Customer for the Service at any time after performance commences and the products on or at any time after delivery. All payments will be made in pounds sterling. Payment is due
thirty days after service of such invoice and no payment will be deemed to have been received until funds are cleared.
If any payment to be paid by the Customer to BTP under this Agreement is unpaid for a period of 14 days after it has become due BTP may at any time thereafter give to the Customer 7 days written
notice to terminate this Agreement and unless such overdue sum has been paid before the expiration of such notice BTP shall without need for the giving of any further notice, have the absolute right at
any time thereafter to cease to provide services where upon this:
- Agreement shall then terminate absolutely and BTP’s obligations hereunder shall cease but without prejudice to the liabilities of the Customer to BTP.
- All sums payable to BTP under the Agreement will become due immediately upon termination of the Agreement.
- All payments to be made by the customer under the agreement shall be made in full without any set-off restriction or condition and without any deduction or withholding for or on account of any counter- claim or any present or future taxes, levies, duties, charges, fees, deductions or withholdings of any nature, unless the customer is required by law to make any such deduction or withholding.
BTP may utilise any payment by the customer to BTP to settle such of the invoices for the Services and/or Products as BTP thinks fit, despite any purported appropriation by the Customer
BTP will exercise its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if payment is not made in accordance with the terms of this Agreement.
BTP will be deemed not to be in breach of the Agreement or otherwise liable to the Customer in any manner whatsoever for any failure or delay in performing its obligations under the Agreement due to
Force Majeure, so long as such cause of prevention or delay shall continue.
If BTP’s performance of its obligations under the agreement is affected by Force Majeure It will give written notice to the customer as soon as reasonably practicable after becoming aware of the Force
Majeure specifying the nature and extent of the Force Majeure and will at all times use all reasonable endeavours to bring the Force Majeure event to an end and, whilst the Force Majeure is continuing to mitigate it’s severity.
BTP will not be entitled to payment from the Customer in respect of extra costs and expenses incurred by virtue of the Force Majeure.
If the Force Majeure in questions continues for more than 3 months, either party may give written notice to the other to terminate the Agreement. The notice to terminate must specify the termination date, which must not be less than 15 days after the date on which the notice is given, and once such notice has been validly given. The Agreement will terminate on that termination date.
HEALTH AND SAFETY
The Customer will take all reasonable steps to ensure that the advice and instructions given by BTP to protect the health and safety of persons using the premises during and after the provision of the
services are followed.
The Customer agrees to advise BTP and its employees of any hazards they may encounter whilst working at the Customer’s premises.
All pesticides used by BTP are approved under the Control of Pesticides Regulations 1986 and have been assessed for any hazard under the Control of Substances Hazardous to Health Regulations (COSHH). Information on pesticides used at your premises is available on request or on our website.
No variation, extension, exclusion or cancellation of this Agreement shall be binding (unless terminated in accordance with these terms) unless it is confirmed in writing by BTP.
Any notice to be given to the Customer under this Agreement shall be in writing and shall be sent by hand or by first class mail to the address provided on the service agreement.
Any notice to be given to BTP under this Agreement shall be in writing and shall be sent by hand or by first class mail to BTP Environmental Services Ltd, Enterprise House, Wrest park, Silsoe, Bedfordshire, MK45 4HS.
If any term or provision in this Agreement is or shall become in whole or in part illegal, invalid or unenforceable, the legality, validity and enforceability of the remainder of the Agreement shall not be affected or impaired thereby.
This Agreement constitutes the entire agreement between the Customer and BTP Environmental Services Ltd.
The Customer shall not be entitled to rely on or to seek to rely on any statement, warranty or representation made by or on behalf of BTP to the extent that such representation is inconsistent with these Conditions nor any advice or recommendation given by or on behalf of BTP as to the supply of the Services unless confirmed in writing by BTP.
These Terms and Conditions (and such other terms and conditions as BTP may stipulate or agree in writing) shall prevail over any inconsistent terms which may appear on the Customer’s enquiry, order or
other documents received by BTP from the Customer or which may be implied by law or trade, custom, practice or a course of dealing between the parties, all of which are hereby.