Service Agreement Terms & Conditions:
This page, together with the documents expressly referred to on it, provides users of our website www.principalhygiene.co.uk with our trading terms and conditions for SA Services we supply, for Products & Supplies please refer to www.principalhygienesupplies.co.uk to reference our Terms & Conditions.
It is hereby agreed as follows:
a)The Customer shall during the continuance of the agreement pay to Principal Hygiene Ltd, (without previous demand) by way the price per annum plus VAT. Payment of the agreed charge will become due when the invoice is rendered or from the date of which the service is first provided, whichever is the later. Payment terms are strictly 30 days’ net. Invoices are rendered on the 1st of each month for payment at month end.
All prices are subject to an annual price review unless otherwise agreed. If the Customer shall fail to pay the rental invoice or other sums payable under the agreement on the due date (Whether demanded or not) Principal Hygiene Ltd may charge a late payment fee of £40 per month.
b)This SA is binding for the period specified within the “SA Term” unless agreed otherwise agreed and shall continue each term thereafter unless terminated. At the end of a given Term, the SA shall continue on a rolling term basis unless and until either party provides the other with no less than three (3) months’ notice in writing to expire at the end of the given anniversary Term and or, after any subsequent agreed extensions to the term where applicable. The Customer may not terminate or otherwise cancel the SA (or any part thereof) except in accordance with stated Conditions. If the Customer is not a limited company, then termination of this SA is covered by the consumer credit act 1974.
c)In the event the Customer terminates the SA prior to agreed Term end, the Customer shall immediately pay to Principal Hygiene Ltd: all amounts that would have been payable under the Agreement for the three (3) month period that constitutes the notice period (or should have constituted the notice period if properly served). 100% of the charges which would have been payable under the SA for first three-month period and 50% of the charges payable under the SA for the remainder of the Term.
d)The Customer hereby acknowledges and agrees that the charges set out represent a reasonable estimate of the likely losses and costs that would be incurred by Principal Hygiene Ltd as a result of the Customer's termination of the SA during the agreed Term.
e)On entering into a SA, the Customer agrees that Principal Hygiene Ltd may use and/or disclose personal information about the Customer, its directors, partners or principals for the purposes of obtaining credit checks or for marketing Principal Hygiene's products and or services to the Customer. Principal Hygiene Ltd will not pass Customer information to any third party for marketing purposes.
f)The Company hereby hires to the Customer the Equipment set out within the “SA”. The Customer shall not allow any person, firm or company other than the Company or its agents to service its Equipment or allow any products other than those supplied by the Company to be used in connection with the Equipment.
g)The Customer shall permit the Company, employees and or agent’s reasonable entry times to have access to the Equipment for the purposes of servicing, inspection, repair and maintenance. Although the Company will use all reasonable endeavours to discharge its obligations under this agreement in a prompt and efficient manner, it does not accept responsibility for any failure or delay caused by circumstances beyond its or its agent’s control.
h)The Company and or its agents reserve the right to make changes to the times and days of provision of service in order to meet our operational requirements and in order to develop and improve our service delivery to you, where possible we will make every effort to provide notice thereof.
i)Principal Hygiene provide electronic proof of service across all Clinical & Washroom services delivered directly to our Customers. Signatures/proof of service may not be available from some of its agents especially across some trade/recycling wastes. The Company will make every effort to ensure Customers are provided with proof of service from its agents.
j)Clinical Waste: it is the Customer’s responsibility to ensure all clinical/nappy waste Sacks/bags provided by Principal Hygiene or its agents are secured tied with a cable tie or knot before disposal to prevent waste escaping during collection and transportation. It is an offense under the HSE legislation to allow liquid waste to escape from clinical Sacks/bags. All liquid waste must be rendered solid state via a gelling agent prior to disposing into clinical bags. Please note our service operatives may be unable to collect waste if bags are open or waste is too wet. In some cases, Customer may be asked to re-bag very wet wastes.
k)Wheelie Bins/Internal Bins: It is the Customer’s responsibility to ensure wheelie bins and or internal clinical bins provided by or on behalf of Principal Hygiene and or its agents are cleaned and maintained in good order. Damaged or lost bins/units MUST be reported to Principal Hygiene as soon as loss or damage occurs. Please note Customers may incur costs for replacement units.
l)Clinical Waste bin costs are based on three factors bags, weight of bins and or annual disposal increases. Customer are encouraged to use as many bags as required to avoid split or over full bags provided the lids can be secured. Please be aware overweight bins may incur additional charges especially where the bins are deemed overweight on a frequent basis or where overweight is due to very wet waste i.e. urinary catheters/stoma bags not being emptied. Overweight bin charges are discussed with Customers on a case by case basis. Where possible the company will make every effort to ensure Customers are aware of costs re overweight bins as they occur.
m)The prices we quote for clinical waste bins can be amended by a reasonable amount if; 1) your bin weight is being exceeded on a regal frequency 2) landfill/incineration, environment agency taxes or supplier costs rise. 2) You amend your instructions after collections have commenced. 3) You ask us to expedite collections. Every effort will be made to make Customers aware of costs re overweight bins or pending increases as they occur.
n)Other charges; duty of care is generally offered free for the 1st 12 months and may be charged in subsequent years unless otherwise agreed. Customers with hazardous waste will be charged for pre-acceptance audits or compliance checking, consignment notes etc. and or annual increases as they occur. Every effort will be made to ensure Customers are fully aware of charges.
o)Rejecting Waste: Principal Hygiene Ltd reserves the right to reject any waste that is improperly packaged, leaking, deemed overweight or packaged is such a manner as to be deemed unacceptable and not in compliance with legislation, in such cases the Customer will at their own expense immediately remove any such rejected waste from the Equipment provided making good any leakage or contamination that may have occurred, ensuring Principal Hygiene's Equipment is left clean and Safe. Principal Hygiene shall be entitled to reject any waste that cannot be collected, transported and/or disposed of safely, lawfully, without risk to the public or its operatives and or without risk to the environment.
p)The Customer will provide a suitable area for siting the Equipment and only use the Equipment to store the waste agreed within the SA, the Customer will ensure all waste and Equipment is stored, labelled and provided for collection in accordance with the Applicable Laws and best environmental practices.
q)Trade Waste bins are subject to a 65kgs weight limit, bins over the set limit will incur additional charges based on a per kg rate over the specified limit. Overweight bin charges would be discussed with Customers on a case by case basis. Where possible the company will make every effort to ensure Customers are aware of costs re overweight bins and or annual waste increases as they occur.
r)The prices we quote for all trade/recycling type wastes can be amended by a reasonable amount if; 1) you amend your weight allowance & or supplier’s costs rise. 2) You amend your instructions after collections have commenced. 3) You ask us to expedite collections.
s)The Customer shall be solely responsible for and hold the owner fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by the Company as a result of any act or omission involving the Equipment (other than death or personal injury resulting from negligence of the Company, its employees or agents).
t)In the event of the removal of the Equipment from the premises the Customer will be responsible for all costs. Claims and demands in respect to the reinstatement of the premises.
u)The Customer during the continuation of the SA shall not sell or offer for Sale, lend, assign, pledge, or otherwise deal with or part with possession of the Equipment and shall not remove the Equipment from their premises without obtaining Principal Hygiene's consent.
v)The Customer shall during the continuance of the SA keep the Equipment insured with an insurance company of good repute or with Lloyd's underwriters against loss or damage from all risks (including fire, theft and vandalism). The Customer will notify its insurers that the Equipment is on hire from Principal Hygiene and request the insurers to endorse a note of such interest on the policy of insurance naming Principal Hygiene as loss payee. The Customer shall indemnify Principal Hygiene against any loss or damage to the Equipment not recoverable under the policy of insurance.
w)The Customer shall be solely responsible for and hold Principal Hygiene fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses which may be brought against or incurred by Principal Hygiene as a result of any act or omission involving the Equipment (other than death or personal injury resulting from negligence of Principal Hygiene, its employees or agents).
x)Principal Hygiene shall be free to assign the benefit of this agreement to any person, firm or company.
y)No forbearance, indulgence or relaxation on the part of Principal Hygiene shown or granted to the Customer in respect of any of the provisions of this SA shall in any way affect, diminish or prejudice the rights or powers of Principal Hygiene under this SA or operate as or deemed to be a waiver of any breach by the Customer of the terms and conditions of this agreement.
z)Principal Hygiene hereby waives all and future claims and rights of set-off against any instalments or rental or any payment due hereunder or otherwise and agrees to pay rental and other amounts hereunder or otherwise regardless of any equity, set-off or cross claim on the part of the Customer against Principal Hygiene.
aa)Any notice hereunder shall be in writing and may be served by sending it by email, facsimile copy or a letter posted and delivered to the address stated herein, and in any other case the last known address of the addressee.
bb)This SA should be governed by and construed in accordance with the laws of the United Kingdom
"Customer" means the person(s), firm or company described in the Service Agreement as the Customer;
"Conditions" means these terms and conditions which together with the Service Agreement (SA) govern the Contract;
"Contract Year" means each twelve (12) month period commencing on the Commencement Date and/or anniversaries thereof;
"Equipment" means any goods, items or other Equipment Principal Hygiene Ltd or its agents supplies to the Customer (including any of them or any part of them) under, or relating to, a Contract;
"SA" means the service agreement signed by the Customer and Principal Hygiene Ltd which together with these Conditions govern the Contract;
"SA Term" means the agreed term specified in the SA; (expressed in months or years)
"Services" means any services which Principal Hygiene Ltd or its agent’s supplies to the Customer as specified under the SA;
"Principal Hygiene Ltd" means, a company registered in England and Wales with company number 09237999 whose registered address is Windgate House, Windgate, 5 Tarleton Office Park, Tarleton, Lancashire, PR4 6JF. "Working Day" means any day other than a Saturday or Sunday or a public or bank holiday in England and Wales