Terms and Conditions
All services provided by Prestige Ironing are subject to our full Terms of Service.
All customers are required to read and agree to our Terms of Service before we can process any order.
Prestige Ironing – Terms of Service
These are the Terms & Conditions (“Conditions”) of Ian Ambrose t/a Prestige Ironing of 5a Weig Road, Swansea, SA5 8JR (hereinafter referred to as the “Company”) which shall apply to ALL services provided by the Company to the Client.
1. Definitions
In these Conditions entered into by the Client of the Company the following
terms shall have the following meanings and effect:
“The Client” - means the company, firm or individual who purchases or agrees to purchase goods and/or services from the Company.
“Charges” - means the Company’s charges for the provision of and/or in connection with the Services and/or other work carried out at the Client’s request.
“The Company” - includes, its successors and assigns and all employees of the same.
“Disbursements” - means the payment by the Company of any and all expenses or fees on the Client’s behalf.
“Lien” - means the Company’s right to keep all clothing, items, papers, documents, money or other property held on the Client’s behalf until such time as all monies due under this Agreement are paid in full. A Lien may be applied after any Agreement ends.
“Liability Whatsoever” - includes without prejudice to the generality of the expression all liability in tort, contract, breach of representation or implied warranty or condition or such other duties at common law including liabilities for direct, indirect or consequential losses of whatever nature and howsoever caused or arising. The term shall not apply to liabilities for death or personal injury.
“Services” - means collection, ironing,
laundry and delivery and related services as are more specifically referred
to in the Schedule or otherwise provided at the Client’s request.
“Payment Terms” - means the payment terms
set out in the Schedule, letter of engagement or periodical update of
fees notified by the Company to the client from time to time.
“Confidential Information” - shall include but will not be limited to all information which is not publicly known including the business, finance, technology, trade secrets and other commercially sensitive information of either party regardless of its nature.
“Price” - means the price for the provision of the Services and/or other products or services as set out in the Schedule, Fee Agreement or Contract or as otherwise provided by the Company to the Client.
“Rate(s)” - means the rate(s) for the time being applicable as notified by the Company to the Client from time to time in any letter of engagement, Fee Agreement or otherwise in respect of the Services.
2. The Services
2.1 The Company agrees to undertake and use their reasonable endeavours
to carry out the instructions of the Client as set out in the Schedule
hereto or otherwise set out in writing by the Company to the Client from
time upon these Terms & Conditions only which shall prevail over any
other Terms & Conditions set out in any document from the Client.
The placing of a telephone order for Services or additional Services shall not be cancellable but shall only form a binding agreement once confirmed by the Company in writing.
2.2 The Company shall take all reasonable steps to complete the Services within the time scales intimated by the Company to the Client, however, time shall not be of the essence in respect of any part of the Services provided by the Company and the Company shall not be liable for any liability whatsoever attributable from the result of the late delivery of any goods, services, item.
2.3 The Client shall be solely responsible for ensuring the full and correct identification of the Services confirming that it complies with their requirements and is correct in all respects.
2.4 Where the Client requires the Company to provide any additional Services or to carry out further work or duties not ordinarily carried out by the Company and/or not set out in the Schedule herein the parties shall enter into a separate agreement in respect of the same and the Company will be under no obligation in respect of such further work until such time as the further agreement is signed on behalf of both parties and the appropriate sum due paid in advance. Such additional Services shall be offered only subject to availability and once confirmed in writing by the Company.
2.5 The Company shall be entitled to determine the manner of delivery and/or the performance of any of the Services at their sole discretion and will use its sole discretion with regard to choice of expert for provision of any part of the Services to be carried out by sub-contractors. The Company shall return items in a manner of their choosing including the use of reusable hangers, boxes or other containers.
2.6 The Company reserves the right to make additional charges for larger items or those items of an unusual nature due to their size complexity or fabric content.
3. Client’s Obligations
3.1 The Client shall:
3.1.1 make available to the Company and/or any appointed professional adviser full instructions and complete and accurate information to allow the Services to be carried out correctly and in accordance with this Agreement and in accordance with English and Welsh Law;
3.1.2 not ask the Company to work in an improper or unreasonable manner;
3.1.3 not deliberately mislead the Company in any way with regard to the Services to be provided and will provide full information and documentation when requested by the Company;
3.1.4 co-operate with the Company and its staff fully and do all necessary things and execute all such documents to allow the Services to be carried out;
3.1.5 ensure that an appropriate representative of the Client is available as may be required by the Company for clarification of any matters arising during the course of carrying out the Services.
3.1.6 ensure that they have read and are satisfied with all information, documents or advice given by on or behalf of the Company and keep the Company, its servants and agents indemnified in respect thereof;
3.1.7 make payment of the Charges when due and at all times comply with these Terms & Conditions;
3.1.8 provide at least forty eight hours notice of required collection and confirm availability of the Company to carry out the Services;
3.1.9 ensure that the storage boxes/bags provided by the Company are used for collection and shall keep the same in good condition and indemnify the Company in respect of any damage thereto;
3.1.10 not leave more than fifty items per order at any one time unless specifically agreed in writing by the Company;
3.1.11 use only the Company’s prescribed containers for collection/delivery. Replacement collection boxes/containers are available upon request and are subject to payment of deposit;
3.1.12 ensured availability for collection and delivery of items at times specified where home deliveries have been specifically agreed. Alterations to delivery/collection times must be agreed in advance by the Company and the Company reserves the right to make additional charges for costs incurred in connection therewith.
4. Charges and Expenses
4.1.1 In consideration for the Company carrying out the Services, the Client shall pay to the Company firstly the Deposit as set out in the Schedule upon the signing of this Agreement and secondly the price for the Services at the Rate(s) as set out in the Schedule hereto or in any letter of engagement, Fee Agreement or other notification given by the Company to the Client and which shall be invoiced to the Client in accordance with these Terms & Conditions of Business. Such invoice shall be payable in cleared funds without set off or deduction of any kind whatsoever at the time of delivery or if credit is granted in any event no later than fourteen days after service of the invoice.
4.1.2 Deposits for carriage boxes are refundable only if returned to the Company complete and undamaged upon termination of the Services. The boxes shall at all times remain the property of the Company.
4.2 In respect of any additional Services, the Client shall pay to the Company the amount of the Charges without deduction or set off at the time of delivery of the said Services by the Client to the Company.
4.3.1 For all other invoices issued by the Company, the Client shall discharge in cleared funds all invoices submitted by the Company for any Disbursement or the Services carried out at the Client’s request within fourteen days of issue of the same.
4.3.2 A minimum order value of £20 shall apply for ironing Services, £50 for alteration and dry cleaning only services and other orders processed and are paid by item or weight (kilogram) basis as per the Schedule.
4.4 The Company has the right to charge interest at a rate of 10% per annum above the base rate Abbey National Plc on all outstanding sums due to the Company under any invoice or part thereof or otherwise.
4.5 Any payments made by cheque shall not be deemed to have been made until the cheque has been honoured by the drawer’s bank and cleared in the Company’s bank account.
4.6 Failure to pay the price for any Services or goods supplied or any part of the price or any monies payable by the Client to the Company in accordance with these Conditions will entitle the Company without prejudice to the Company’s other rights or remedies to refuse to make delivery of any further Services under this Agreement or under any other agreement without incurring any liability whatsoever to the Client.
4.7 Payments received by the Company shall be applied first in settlement to any charge to interest or other cost or expense howsoever invoiced or incurred by the Company and thereafter in settling the purchase price or principal sum(s) due to the Company.
4.8 VAT or such other similar governmental tax or imposition at the applicable rate will be applied for all work carried out and will be paid in addition to the Charges as set out in the Schedule any Fee Agreement or other notification given by the Company.
4.9 Any quotation issued by the Company is based on the cost then obtaining of materials, labour, transport and/or other charges and such price(s) quoted are subject to a fair adjustment reflecting changes in the cost of the same incurred by the Company during the period between quotation and delivery of the goods and/or Services and the Company reserves the right to make additional charges for the same.
5. Liability & Insurance
5.1 Save in respect of claims for death or personal injury arising from the Company’s own negligence, in no event shall the Company be liable for any liability whatsoever including without prejudice to the foregoing any loss of items, lost profits, loss of anticipated savings, loss of business, loss of enjoyment, nor for any other damage that is an indirect or of a secondary consequence of any act or omission of the Company whether such damage was reasonably foreseeable or actually foreseen.
5.2.1 The Company shall not be liable for any loss or damage whatsoever
suffered by the Client arising out of or in connection with any breach
of this Agreement by the Client or any act, misrepresentation or omission
made on or on behalf of the Client.
5.2.2 The Company shall not be liable for any loss or damage arising from
any cause beyond the Company’s reasonable control.
5.3.1 Without prejudice to the foregoing save in the case of personal
injury or death the Company shall have a maximum liability to the Client
under this Agreement or otherwise for any cause whatsoever (whether in
the form of additional costs of remedial services or otherwise) for only
direct costs and damages and in any event such sum will be limited to
a sum equivalent to the price to be paid to the Company for the Services
that are the subject of the Client’s claim.
5.3.2 Without prejudice to the foregoing the maximum liability the Company
will accept for any loss or damage is limited to the sum of £500
(five hundred pounds). As a condition precedent to any claims, notice
of the same shall be given by the Client to the Company within forty eight
hours of receipt of any damaged item.
5.3.3 No liability will be accepted for leather items, buttons, buckles,
beading or other decoration.
5.4 The Client agrees that it is in a better position to foresee and evaluate
any loss it may suffer in connection with this Agreement and that the
Charges have been calculated on the basis of these limitations and exclusions
in this Clause 5 and that the limitations contained in this Clause 5 are
reasonable in the light of all the circumstances particularly in respect
of the size and nature of the Company compared to the size and nature
of the Client and his ability to obtain insurance and the Client agrees
that he will effect such insurance as is suitable having regard to his
particular circumstances and this Clause in these Terms & Conditions.
5.5 The Client’s statutory rights as a consumer (if any) are not
affected. All liability that is not expressly assumed in this Agreement
is excluded. These limitations will apply regardless to the form of action,
whether under statute, in contract or tort, including negligence or any
other form of action. For the purpose of this Clause 5 the Company includes
its employees, sub-contractors and suppliers who shall all have the benefit
of the limits and exclusions of the liabilities set out above in terms
of the Contracts (Rights of Third Parties) Act (1999) provided that nothing
in this Agreement shall exclude or limit liability for fraudulent misrepresentations,
personal injury or death.
6. Term & Termination
6.1 These Terms & Conditions of Business shall continue in force until
completion of the Services unless the Agreement is terminated in accordance
with any of the provisions of this Clause 6.
6.2 Either party shall be entitled to terminate this Agreement forthwith
at any time by written notice to the other party if:
6.2.1 the other party commits a material breach of any of the Terms of
this Agreement and if the breach is capable of remedy fails to remedy
the said breach within seven days after receipt of notice in writing to
do so; or
6.2.2 the other party becomes subject to an Administration Order, a Receiver or Administrative Receiver or similar appointment or if an encumbrancer takes possession of any of the other party’s property or assets or if any other party enters into an agreement or composition with its creditors, ceases or threatens to cease to carry on business, becomes insolvent within the meaning of the Insolvency Act 1986 or ceases to be able to pay its debts as they fall due.
6.3 The Company may terminate this Agreement and/or any other Fee Agreement
at any time by fourteen days notice in writing to the Client without having
to give reasons and without being liable for any liability whatsoever
occasioned by the Client in respect thereof howsoever arising.
6.4 Termination of this Agreement and these Terms & Conditions howsoever
occasioned shall be without prejudice to any of the rights or remedies
of either party nor shall it affect the coming into force or the continuance
in force of any provision hereof which is expressly or by implication
intended to continue in force on or after such termination.
6.5 If at the sole discretion of the Company the Company accepts termination
of the Agreement at the Client’s request, the Client shall pay the
sum representing 50% of the Price as compensation for loss sustained by
the Company along with any disbursements incurred by the Company. All
deposits are non-refundable.
6.6 As soon as is practicable after termination of this Agreement, the
Company shall return to the Client all property, materials, documentation
or any confidential information it has belonging to the Client save that
the Company’s Lien in respect of such matters for unpaid fees or
charges arising under these Terms & Conditions or any Fee Agreement
of whatever nature shall remain in place and such property shall remain
in the possession of the Company until such time as payment is made in
full.
7. Confidentiality
7.1 “Confidential Information” shall mean all information
disclosed by one party to the other including without limitation in any
written document disclosed to or obtained by one party from the other
or a third party and shall include but shall not be limited to information
of any products, prices, charges, Fee Agreement, these Terms & Conditions
of Business, financial matters, prices or rates and any document appended
thereto and all information relating to the parties’ operations,
processes, plans, intentions, products, information, know-how, designs,
trade secrets, software, market opportunities, customers and business
affairs.
7.2 Each party will take all proper steps to keep confidential all confidential
information of the other which is disclosed to or obtained by it pursuant
to these Terms and/or any Fee Agreement and will not divulge the same
to any third party except to the extent that such confidential information
becomes public through no fault of that party.
7.3 Notwithstanding the termination or expiry of this Agreement for whatever
reason these obligations and restrictions shall continue after termination
of the said Agreement.
7.4 Each party agrees to keep the existence of and the nature of any Fee
Agreement and the provisions of these Terms & Conditions confidential
and not to use the same with any other party in any publicity, advertisement
or other disclosure with regard to this Agreement or these Terms without
the prior written consent of the other party.
7.5 The Client shall not reproduce, modify, copy or distribute any material
or content of any promotional literature or material nor of any website
of the Company.
7.5 Nothing in this Clause 7 shall prevent the Company from exploiting
any inventions, software or other product or service that it develops
during the term of the Agreement with the Client.
8. Interpretation
8.1 The Client shall indemnify the Company in respect of all proceedings,
costs, expenses, liabilities or damage arising out of the breach or negligent
performance or failing of performance by the Client of the terms of these
Terms & Conditions or any Fee Agreement or any letter of engagement
or in respect of any act or omission of the Client, its officers, employees,
agents or sub-contractors.
8.2 No provision in these Terms & Conditions shall operate so as to
exclude any liability of any of the parties in respect of a fraudulent
misrepresentation made by that party to the other or to restrict or exclude
any remedy which the other party may have in respect of such misrepresentation.
9. Agency Partnership
9.1 This Agreement shall not constitute or imply any partnership, joint
venture, agency or fiduciary relationship or other relationship between
the parties other than a contractual relationship expressly provided for
in these Terms & Conditions.
10. Entire Agreement
10.1 These Terms & Conditions supersede all prior agreements, arrangements
and undertakings between the parties and constitutes the entire Agreement
between the parties relating to the subject matter of this Agreement and
supersede or will replace any matters that conflict with these Terms &
Conditions in any Fee Agreement or letter of engagement.
11. Force Majeure
11.1 Notwithstanding anything else contained in this Agreement, the Company
shall not be liable for any delay in performing its obligations under
this Agreement nor for any losses in respect thereof if such delay is
caused by circumstances beyond its reasonable control.
11.2 Without prejudice to the generality of the previous Clause, causes
beyond the reasonable control of the Company will include:
11.2.1 acts of God, explosion, flood, lightening, tempest, fire or accident;
11.2.2 war, hostilities, invasion, act of foreign enemies;
11.2.3 rebellion, revolution, insurrection, military or usurped power
or civil war;
11.2.4 riots, civil commotion or disorder;
11.2.5 acts, restrictions, regulations, bye-laws, refusals to grant licences
or permissions,
prohibitions or measures of any kind on the part of any governmental authority;
11.2.6 import or export regulations or embargoes;
11.2.7 strike, lock-outs or other industrial actions or trade disputes
of whatever nature whether or not involving employees of the Company or
any third party;
11.2.8 default of suppliers or sub-contractors for any reason whatsoever
where such delay is beyond the reasonable control of the Company;
11.2.9 incompleteness or inaccuracies of any technical, financial or other
information or other information or obligations which are the responsibility
of the Client;
11.2.10 any failure, default, delay or non-performance of any act or omission
of any nature whatsoever on the part of the Client, its employees, agents,
suppliers or sub-contractors.
11.3 In the unlikely event of the Company being unable to carry out any
of the Services, the Company’s liability shall be limited to a refund
of all sums paid by the Client to the Company in respect of the said Services.
12. Notices
12.1 All notices under these Terms & Conditions or under any Fee Agreement
shall be in writing and shall be deemed to have been duly given:
12.1.1 when delivered if delivered by hand during normal business hours;
12.1.2 when sent if transmitted by fax or e-mail and a successful transmission
report or return receipt is generated; or
12.1.3 on the second business day following mailing if mailed by national
ordinary first class mail postage pre-paid.
In each case, all notices must be addressed to the most recent address,
e-mail address or facsimile number notified to the other party.
13. Severance
13.1 If any provision of these Terms & Conditions is prohibited by
law or adjudged by a Court of competent jurisdiction to be illegal, unlawful,
void or unenforceable in whole or in part then the provision shall to
the extent required be severed from these Terms & Conditions and be
rendered ineffective as far as possible without modifying the remaining
provisions of these Terms & Conditions and shall not in any way affect
any of the circumstances of or the validity of or the enforcement of the
other Terms & Conditions contained herein.
The Client and the Company agree that should any provision of these Terms
& Conditions be invalid or unenforceable then they shall forthwith
enter into in good faith negotiations to amend such provision in such
a way that as amended it is valid and legal and to the maximum extent
possible carries out the original intent of the parties as to the point(s)
in question.
14. Waiver
14.1 No delay, neglect or forbearance on the part of either party in enforcing
against the other party any term or condition of this Agreement shall
either be or be deemed to be a waiver or in any way prejudice any right
of that party under these Terms & Conditions.
15. Time
15.1 The Company will use its reasonable endeavours to achieve completion
of the Services in accordance with any time specified in any agreement,
letter or otherwise sent to the client but each date appearing in any
such agreement, letter or schedule is to be treated as an estimate only
and time shall not be of the essence in respect of any aspect of the Services.
15.2 Time shall be of the essence in respect of any payment obligations
under this Agreement.
16. Sub-Contracting
16.1 The Company may perform any or all of its obligations under these
Terms through agents or sub-contractors.
17. Third Parties
17.1 Except where expressly set out in these Terms & Conditions, the
parties confer any rights to any third parties by virtue of these Terms
& Conditions or any agreement and accordingly to that extent the Contract
(Rights of Third Parties) Act (1999) shall not apply to this Agreement.
18. Law & Jurisdiction
18.1 This Agreement and any disputes in respect of the same shall be governed
and construed in accordance with the laws of England and Wales.
19. General
19.1 In this Agreement, unless the context otherwise requires:
19.1.1 words importing the singular number includes the plural number
and vice versa;
19.1.2 words importing persons include firms, companies, corporations
and vice versa;
19.1.3 references to numbered clauses and schedules are reference to the
relevant clause or schedule to these Terms & Conditions.
19.1.4 the headings of any clause and paragraph in these Terms & Conditions
shall not affect their interpretation.
19.1.5 any reference to any enactment include reference to that enactment
as amended or replaced from time to time and to any subordinate legislation
or bye-law made under that enactment.
19.1.6 any obligation on any party not to do or omit to do anything is
to include an obligation not to allow that thing to be done or omitted
to be done.
19.1.7 any party who agrees to do something shall be deemed to fulfil
that obligation if that party procures that it is done.
19.1.8 in the case of conflict or ambiguity between any provision contained
in the body of these Terms & Conditions and any provision contained
in any schedule, letter of engagement, Fee Agreement or other letter from
the Company to the Client the provision in the body of this Agreement
shall take precedence.
19.1.9 nothing in these Conditions shall exclude or restrict the statutory
rights of the Client who deals as a consumer within the meaning of the
Unfair Contract Terms Act 1977 as amended.
No change, alteration or modification to these Terms & Conditions
or any Agreement shall be valid unless in writing and signed by duly authorised
representatives of both parties.
