Terms & Conditions

Terms & Conditions
By placing an order with Grahams Cleaning Services Ltd, you are accepting our terms and
conditions. Your existing statutory rights are not affected by these conditions.
1. Grahams Cleaning Services Ltd Conditions Apply
1.1 Unless otherwise specifically agreed in writing by Grahams Cleaning Services Ltd
(“Grahams Cleaning Services Ltd”), all quotations and contracts for the supply of goods by
Grahams Cleaning Services Ltd are made upon these Conditions of Sale (“the Conditions”)
which shall at all times override any terms and conditions which the purchaser of such
goods (“the Purchaser”) imposes or seeks to impose. “The Contract” means any contract
made between the parties that incorporate the Conditions.
1.2 No terms or conditions endorsed on delivery documents or contained in the Purchaser’s
purchase order, confirmation of order, specification or another document shall form part of
the Contract simply as a result of such document being referred to in the Contract.
1.3 Delivery of any goods following a quotation for a supply made by Grahams Cleaning
Services Ltd will be made only upon the Conditions. Orders are accepted subject to the
Conditions.
1.4 Any variation must be approved by an authorised Grahams Cleaning Services Ltd
employee and be in writing. Any quotation or estimate is given subject to the Conditions.
2. Payment Terms
2.1 Terms of payment are 0 days from the date of invoice
2.2 No payment shall be deemed to have been received until Grahams Cleaning Services Ltd
has received cleared funds. Time of payment is of the essence.
3. Prices
3.1 All prices displayed in both Grahams Cleaning Services Ltd printed and online
publications are subject to VAT where applicable.
3.2 Prices are correct at time of issue and are subject to change without prior notice.
3.3 The price charged to the Purchaser will be the prevailing price at the time of ordering.
4. Delivery
4.1 Terms and conditions of delivery. Delivery is only available to those postcode areas
stated on the home page.
4.2 Unless otherwise agreed delivery of the goods shall take place at the Purchaser’s place
of business.
4.3 Where Grahams Cleaning Services Ltd makes delivery of the goods to the Purchaser’s
place of business or any other place as agreed in writing, all charges in relation to the
carriage, including, without limitation transport costs, insurance and unloading, will at
Grahams Cleaning Services Ltd option, be borne by the Purchaser.
4.4 If for any reason the Purchaser does not accept delivery of any of the goods when they
are ready for delivery then the goods will be deemed to have been delivered, risk passing to
the Purchaser (including for loss or damage caused by Grahams Cleaning Services Ltd
negligence) and Grahams Cleaning Services Ltd may:
4.4.1 store the goods until actual delivery whereupon the Purchaser will be liable for all
related costs and expenses (including without limitation storage and insurance); or
4.4.2 sell the goods at the best price readily obtainable and (after deduction of all
reasonable storage and selling expenses) charge the Purchaser for any shortfall below the
Contract price.
4.5 Grahams Cleaning Services Ltd reserves the right to deliver in instalments and any failure
to deliver one instalment will not entitle the Purchaser to terminate the Contract.
4.6 The quantity of any consignment of Goods as recorded by Grahams Cleaning Services Ltd
upon despatch from Grahams Cleaning Services Ltd place of business shall be conclusive
evidence of the quantity received by the Purchaser on delivery unless the Purchaser can
provide conclusive evidence proving the contrary.
4.7 Claims for shortages or damaged goods must be made in writing to Grahams Cleaning
Services Ltd within 24 hours of receipt of the goods.
4.8 Claims for non-delivery must be made to Grahams Cleaning Services Ltd within 7 days of
the date of despatch shown on the invoice.
5. Returns
5.1 Notwithstanding any other provision in the Contract, Grahams Cleaning Services Ltd may
at its option allow the Purchaser to return the goods to the following conditions:
5.1.1 that the relevant goods are non-faulty;
5.1.2 that the relevant goods are goods that are ordinarily held in stock at one of Grahams
Cleaning Services Ltd locations;
5.1.3 that the Purchaser notifies Grahams Cleaning Services Ltd within 7 days of delivery of
its intention to return the goods;
5.1.4 that the goods are returned to Grahams Cleaning Services Ltd within 15 days of
delivery
5.1.5 Grahams Cleaning Services Ltd and the Purchaser shall agree whether the goods shall
be delivered by the Purchaser to Grahams Cleaning Services Ltd or collected by Grahams
Cleaning Services Ltd from the Purchaser;
5.1.6 that the goods are undamaged, in the original packaging, with all trademarks or other
labelling intact and fully suitable for resale;
5.1.7 the Purchaser agrees to pay Grahams Cleaning Services Ltd a 15% handling fee against
the return of non-faulty standard goods.
5.2 Notwithstanding any other provision in the Contract, Grahams Cleaning Services Ltd may
from time to time at its sole option accept the return of non-standard, non-faulty goods
upon separate rates, terms and conditions, to be agreed with the Purchaser in advance of
any such return. Non-standard goods are goods which are not ordinarily held in stock at one
of Grahams Cleaning Services Ltd locations.
6. Quality
6.1 If Grahams Cleaning Services Ltd establishes to its reasonable satisfaction that there is a
defect in the goods or there is some other failure by Grahams Cleaning Services Ltd in
relation to the conformity of the goods with the Contract, then Grahams Cleaning Services
Ltd shall, at its option, at its sole discretion and within a reasonable time:
6.1.1 replace such goods with goods which are in all respects in accordance with the
Contract; or
6.1.2 issue a credit note to the Purchaser in respect of the whole or part of the Contract
price of such goods as appropriate having taken back such goods, subject, in every case, to
the remaining provisions of this Condition provided that the liability of Grahams Cleaning
Services Ltd under this Condition shall in no event exceed the purchase price of such goods
and performance of any one of the above options shall constitute an entire discharge of
Grahams Cleaning Services Ltd liability under this warranty.
6.2 This Condition shall not apply unless the Purchaser:
6.2.1 notifies Grahams Cleaning Services Ltd of the alleged defect within 3 days of the time
when the Purchaser discovers or ought to have discovered the defect;
6.2.2 allows Grahams Cleaning Services Ltd to collect the relevant goods;
6.2.3 complies with any reasonable request or instruction from Grahams Cleaning Services
Ltd; and
6.2.4 affords Grahams Cleaning Services Ltd a reasonable opportunity to inspect the
relevant goods.
6.3 If Grahams Cleaning Services Ltd elects to replace the goods pursuant to this Condition,
Grahams Cleaning Services Ltd shall deliver the replacement goods to the Purchaser at
Grahams Cleaning Services Ltd own expense at the address to which the defective goods
were delivered and the legal title to the defective goods which are being replaced shall (if it
has vested in the Purchaser) re vest in Grahams Cleaning Services Ltd .
6.4 Grahams Cleaning Services Ltd warrants that upon delivery the Goods shall be of
satisfactory quality within the meaning of the Sale of Goods Act 1979. Grahams Cleaning
Services Ltd shall have no liability under the warranty in this Condition:
6.4.1 in respect of any defect arising from wilful damage, negligence, abnormal storage
conditions, failure to follow Grahams Cleaning Services Ltd or the manufacturer’s
instructions whichever is appropriate (whether oral or in writing);
6.4.2 in respect of any type of defect or damage specifically excluded by Grahams Cleaning
Services Ltd by notice in writing; or
6.4.3 if the Purchaser makes any further use of the goods after giving notice in accordance
with this Condition.
6.5 All warranties, conditions and other terms implied by statute or common law (save for
the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent
permitted by law, excluded from the Contract.
7. Liability
7.1 Subject to Condition 6 above this Condition sets out the entire liability of Grahams
Cleaning Services Ltd (including any liability for the acts or omissions of its employees,
agents and sub contractors) to the Purchaser in respect of:
7.1.1 any breach of the Conditions or the Contract;
7.1.2 any use made or resale by the Purchaser of any 01 2007 COS 942/943 17/7/07 10:43
Page 942 Conditions of Sale 943 of the goods, or any product incorporating any of the
goods; and
7.1.3 any representation, statement or tortious act or omission including negligence arising
under or in connection with the Contract.
7.2 Nothing in the Conditions excludes or limits the liability of Grahams Cleaning Services
Ltd for death or personal injury caused by Grahams Cleaning Services Ltd negligence, or for
fraudulent misrepresentation, or for fraud or under section 2(3), Consumer Protection Act
1987 or for any matter which it would be illegal for Grahams Cleaning Services Ltd to
exclude or attempt to exclude its liability.
7.3 Subject to Condition 7.2, Grahams Cleaning Services Ltd shall not be liable to the
Purchaser whether in contract, tort (including negligence), breach of statutory duty, or
otherwise, for any loss of profit, or any indirect or consequential loss arising under or in
connection with the Contract (including any losses that may result from deliberate breach of
the Contract by Grahams Cleaning Services Ltd , its employees, agents or sub contractors).
7.4 Grahams Cleaning Services Ltd total liability to the Purchaser in respect of all other
losses arising under or in connection with the Contract, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise including losses caused by a deliberate
breach of the Contract by Grahams Cleaning Services Ltd, its employees, agents or sub
contractors shall not exceed the value of the Contract.
8. Safety and Product Recalls
8.1 The Purchaser shall comply at all times with the written instructions and all written
guidelines issued from time to time attached to the goods concerning their storage and use
and the Purchaser shall refer its employees and its customers to such instructions and
guidelines.
8.2 The Purchaser should satisfy itself that the persons responsible for the storage and use
of any goods supplied by Grahams Cleaning Services Ltd have all the information required
on health and safety and Grahams Cleaning Services Ltd shall not be liable to the Purchaser
in any civil proceedings brought by the Purchaser against Grahams Cleaning Services Ltd in
respect of a breach of the user instructions or any applicable health and safety legislation or
any regulations, orders or directions made pursuant to such health and safety legislation in
force from time to time or under any directive, regulation, order or other instrument
relating to health and safety where such exclusion of liability is permitted by law.
8.3 The Purchaser shall keep Grahams Cleaning Services Ltd properly informed of all
complaints concerning the goods and shall comply with any directions of Grahams Cleaning
Services Ltd in any issues, proceedings or negotiations relating to such complaint.
8.4 In the event of any recall of the goods by Grahams Cleaning Services Ltd the Purchaser
shall co-operate fully and promptly with any steps taken by Grahams Cleaning Services Ltd
under the Condition below.
8.5 Grahams Cleaning Services Ltd may at its discretion recall any goods already sold by
Grahams Cleaning Services Ltd to the Purchaser, (whether for a refund or credit or for
replacement of the goods which shall in each case be undertaken by Grahams Cleaning
Services Ltd ) and/or issue any written or other notification to the Purchaser about the
manner of use of any goods already sold by Grahams Cleaning Services Ltd to the Purchaser.
The Purchaser agrees to give all reasonable assistance to Grahams Cleaning Services Ltd or
the manufacturer in resisting any claim which may arise under any recall of product by
Grahams Cleaning Services Ltd or the manufacturer of such product.
9. Force Majeure
9.1 Grahams Cleaning Services Ltd reserves the right to defer the date of delivery or to
cancel the Contract or reduce the volume of the goods ordered by the Purchaser (without
liability to the Purchaser) if it is prevented from or delayed in the carrying on of its business
due to circumstances beyond the reasonable control of Grahams Cleaning Services Ltd
including, without limitation, acts of God, governmental actions, war or national emergency,
acts of terrorism, protests, riot, civil commotion, armed conflict, malicious damage, fire,
explosion, flood, epidemic, nuclear, chemical or biological contamination, sonic boom,
collapse of building structures, loss at sea, natural disaster, extreme adverse weather
conditions, failure of energy, break down of plant or machinery lock-outs, strikes or other
labour disputes (whether or not relating to either party’s workforce), or restraints or delays
affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials
provided that, if the event in question continues for a continuous period in excess of 180
days, the Purchaser shall be entitled to give notice in writing to Grahams Cleaning Services
Ltd to terminate the Contract.
10. Product Information
10.1 Grahams Cleaning Services Ltd has made every effort to ensure that details and
information given in both our printed and online publications are accurate at the time of
issue but Grahams Cleaning Services Ltd gives no guarantees as to the accuracy or
completeness of such information. Full technical specifications are not necessarily included
and furthermore, Grahams Cleaning Services Ltd policy is one of continuous improvement
and the right is reserved to alter details and information at any time as the need arises.
10.2 Accordingly, the Purchaser should check any details and information they wish to rely
on with Grahams Cleaning Services Ltd at the time of purchase. Grahams Cleaning Services
Ltd accepts no liability in respect of any errors or omissions herein contained or for any loss
or damage, malfunction or consequential loss arising from reliance upon our publications.

Images of products given in our printed and online publications may vary from the actual

product supplied.
Grahams Cleaning Services Ltd Business Terms & Conditions
11. Grahams Cleaning Services Ltd Disclaimer
11.1 Any products shown in both our printed or online publications do not represent the
endorsement by Grahams Cleaning Services Ltd of any other products, services or
organisations.
12. Colour Reproduction
12.1 The colour reproductions of the products featured in both our printed or online
publications are as accurate as the printing or electronic process will allow.
13. Data Protection
13.1 Grahams Cleaning Services Ltd will at all times comply with its obligations under the
Data Protection Act 1998.
13.2 Grahams Cleaning Services Ltd may monitor and record telephone calls for the
following purposes:
13.2.1 training;
13.2.2 quality and control; and record telephone calls for the following purposes:
13.2.3 to confirm verbal instructions.
13.3 Grahams Cleaning Services Ltd has and maintains privacy policies in respect of its
website and its business activities generally. Please see Privacy Policy for details.
14. General
14.1 Each right or remedy of Grahams Cleaning Services Ltd under the Contract is without
prejudice to any other right or remedy of Grahams Cleaning Services Ltd whether under the
Contract or not.
14.2 Each party agrees to keep secret and confidential all information obtained or disclosed
as a result of the relationship of the parties under the Contract.
14.3 If any provision of the Contract is found by any court, tribunal or administrative body of
competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or
unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability,
unenforceability or unreasonableness be deemed severable and the remaining provisions of
the Contract and the remainder of such provision shall continue in full force and effect.
14.4 Failure or delay by Grahams Cleaning Services Ltd in enforcing or partially enforcing any
provision of the Contract will not be construed as a waiver of any of its rights under the
Contract.
14.5 Any waiver by Grahams Cleaning Services Ltd of any breach of, or any default under,
any provision of the Contract by the Purchaser will not be deemed a waiver of any
subsequent breach or default and will in no way affect the other terms of the Contract.
14.6 The parties to this Contract do not intend that any term of this Contract will be
enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that
is not a party to it.
14.7 The formation, existence, construction, performance, validity and all aspects of the
Contract shall be governed by English law and the parties submit to the exclusive jurisdiction
of the English courts.
15. All Rights Reserved
15.1 No part of any Grahams Cleaning Services Ltd publication may be reproduced or
transmitted in any form or by any means including photocopying and recording, without the
written permission of the copyright holder, application for which should be addressed to the
publisher.
15.2 Such written permission must be obtained before any part of this publication is stored
in a retrieval system of any nature.
15.3 All prices are subject to VAT. All prices are subject to alteration without notice.
Grahams Cleaning Services Ltd reserve the right to amend the Conditions which are subject
to confirmation at the time of application.
All rights reserved.