Company: The OPL Group / OPL Limited / OLS Limited / OPC Solutions Limited
Conditions: these Conditions of Supply;
Contract: any contract between the Company and the Customer for the supply of Services, incorporating these Conditions;
Customer: any person, firm, company or other organisation who is the addressee of the Company’s quotation or acceptance of order issued by the Company and shall include any parent or subsidiary company of the Customer and any successor-in-title of the Customer and any company or entity arising (wholly or partly) by way of any merger, amalgamation, reorganisation or acquisition of the Customer;
- Delivery is to front of premises only unless by prior arrangement in writing. All goods must be checked and accounted for before signing the delivery note. The Customer’s acceptance of delivery and failure to make a note on the delivery note plus notify the Company in writing within three days of any defect shall be conclusive that the delivery has been examined and found it to be complete and in good order and in every way satisfactory
- A 25% cancellation charge of order value will be levied on incorrectly ordered / customer cancelled orders. 100% cancellation charge applicable on special orders.
- Credit/debit card transactions are subject to a 1.5% credit/debit card charge (CCC).
- Laundry equipment prices exclude installation and are valid for 30 days from offer. Installation services are available subject to quotation. Customers are advised to have laundry equipment installed professionally via authorised agents and in conjunction with correct installation data available. The Company is not responsible for installation errors incurred via installations carried out by others and malfunctions arising from same will not be covered under the machine warranty. Absent installation data can be requested from The Company / relevant manufacturer.
- Standard installation estimated assume supplies correct within one metre, laundry room on entry level, no access restrictions, all floors suitable and services compliant with current industry standards including gas and fresh air ventilation.
- Goods will only be despatched on receipt of returned sales order confirmation and where applicable cleared funds. The Company shall have a lien on all undelivered goods which the Customer agrees to buy from The Company for all monies due from the Customer to The Company under this or any other contract between them. The risk in the goods passes to the Customer upon delivery. If the Customer shall sell the goods in such a manner as to pass to a third party a valid title to the goods, the Customer shall hold the proceeds of such sale in trust for The Company. Warranty duration commences from date of invoice issue. No payment shall be deemed to have been received until the Company has received cleared funds. In the event that the Customer tenders’ payment by cheque and said cheque is returned unpaid to the Company, the Customer shall reimburse the Company for any bank charges incurred by the Company.
- The Customer shall make payment for the goods or services including any VAT due thereon, to the terms and within the period specified by The Company. If payment terms have not been specified prior to delivery of goods or provision of services full payment shall become due upon delivery of goods or provision of services. The Company reserves the right to charge interest on overdue payments from the date due at 6% above the current Barclays base rates in force.
- Any date given by The Company for the supply of goods or provision of services shall be approximate only. No supply of goods or provision of services shall be overdue after such date until the Customer has made a written request to The Company and has given The Company a reasonable time to comply. No responsibility is accepted by The Company for any loss, damage or expense whatsoever arising from any failure/delay to deliver or provide goods/services via an external company. Should The Company be unable to supply specific goods as quoted for reasons beyond its control The Company reserves the right to either cancel the contract or, with the Customer’s consent, supply an alternative product of equal or better quality or specification.
- The Company’s liabilities arising from supply of goods or provision of services shall be limited to defective components, faulty workmanship or material only and shall not apply to defects or malfunction due to any other cause. The Company will not in any circumstances be liable for any consequential damage, loss or expense howsoever caused whether to the Customer or to any other person or thing whether arising directly or indirectly from the defect or malfunction. However, this shall not exclude The Company’s liabilities in respect of death / personal injury caused by negligence of The Company.
- Unless specifically defined by The Company ex-rental equipment is subject to availability and varies in age and cosmetic condition. All ex-rental machines will be stripped and tested and will only be dispatched once deemed to be in good working order. A six months’ parts warranty is supplied on all ex-rental equipment.
- The Company can cancel this contract (without prejudice to their other rights and remedies) should the Customer refuse or fail to accept delivery of the goods or if the Customer becomes insolvent.
- The Company shall not be liable for any failure or delay in performing any of its obligations under this contract if such failure or delay is due to any Act of God, Riots and Commotion, Fire, Industrial Dispute or any such like circumstances beyond its control.
- The Customer would be supplied with product data sheets, COSHH guidelines plus a pair of safety gloves and goggles on initial delivery, however should anything be omitted upon being advised the missing item/s will be provided. Products data sheets and COSHH guidelines are available for free download from The Company website and it is incumbent on the customer to familiarise themselves with this information and male it available to their staff/operators.
- All dosing pumps supplied and installed free of charge are done so on the strict understanding and agreement that only chemical products supplied from The Company are to be used for the duration. All dosing pumps supplied and installed on loan by The Company remain the property of The Company and must be kept safe from harm and not be tampered with. Any calibration settings must be carried out by The Company and their authorised representatives only.
- Chemical product orders over £250 + vat qualify for free 2-3 day delivery. Next day service can be provided at a quoted cost and dependant on time order is received. Orders below £250-00 + vat will be subject to delivery charge to be advised.
- The Customer shall provide the Company with all information, co-operation, support and access to such facilities and resources as may be required to enable the Company to carry out its obligations to the Customer.
- The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this Condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.
- Each order or acceptance of a quotation for Services by the Customer from the Company shall be deemed to be an offer by the Customer to purchase Services subject to these Conditions. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.
- The Customer is responsible for checking the proposed supply or service / equipment and satisfying itself that any description given is accurate and adequate for the Services the Customer requires. The Company does not warrant their suitability or condition in any way and all warranties, guarantees, Conditions whether express or implied by common law, statute or otherwise unless herein expressed are excluded to the extent that their exclusion is not rendered void by statute.
- All descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s website, catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services described in them and they shall not form part of the Contract. Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
- The Customer shall not, without the prior written consent of the Company, at any time from the date of the Contract to the expiry of 12 months after the last date of supply of the Services or termination of the Contract, as applicable, solicit or entice away from the Company, or employ (or attempt to employ) or otherwise engage or attempt to engage the services of any person who is, or has been, engaged as an employee, consultant or subcontractor of the Company in the provision of the Services. Any consent given by the Company in accordance shall be subject to the Customer paying to the Company a sum equivalent to 50% of the then current annual remuneration of the Company’s employee, consultant or subcontractor.
- Neither the Company nor the Customer intends that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
- The Contract shall be on these Conditions to the exclusion of all other Conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or other document). The Contract constitutes the entire Contract between the parties with respect to its subject matter and supersedes all prior and contemporaneous Contracts and understandings between the parties.
- No order of the Customer may be varied, altered or deferred by the Customer, except with the Contract in writing of the Company and on terms that the Customer shall indemnify the Company in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of such variation, alteration or deferment. No order of the Customer may be cancelled by the Customer, except with the Company’s Contract in writing and on such terms as the Company may require.
- The provisions of these Conditions of Sale and any dispute or litigation arising there from shall be construed in accordance with or governed by English Law.
- For quality control purposes, all calls made to or from the Company may be digitally recorded.