TPMR Terms and Conditions
1.0 The Parties
The parties to this Agreement (hereinafter referred to as the Agreement) are TPMR Ltd, whose Office is at H5 Daedalus Business Park, Daedalus Drive, Lee on the Solent, PO13 9FX.
and
The Client
2.0 Definitions and Interpretation
In this Agreement the following definitions shall apply.
“Agreement” means this Agreement (including any Schedules) and any amendments to it, as agreed, from time to time.
“Client” means the person or organisation that is a client of TPMR Ltd.
“Fees” means the monies levied by TPMR to the Client for the provision of its services.
“Services” means the services provided or to be provided by one party to another as described.
All references to the singular within this Contract shall also be construed as equally applicable to the plural; and all references to the male subject shall be construed to equally apply to the female subject.
3.0 Services, Duties and Guarantee of TPMR Ltd
3.1 TPMR Ltd supplies a vapour blasting service commonly used to remove thermoplastic and paint markings from school playgrounds and roadways. TPMR Ltd will make sure all its services are carried out with care and to the manufacturer’s specification.
3.2 Vapour Blasting may cause some scarring to the surface it is used on. The level of scarring will vary dependant on the surface type, age, condition and aggregate size. TPMR Ltd will do everything it can to minimise any scarring which may occur.
3.3 Removing existing markings can occasionally cause some discolouration to the surface surrounding the markings. This is perfectly normal and does vary from surface to surface. TPMR Ltd are not responsible for any discolouration to the surface.
3.4 In the event of any claim the maximum liability of TPMR Ltd is the cost paid for the removals project. TPMR Ltd are not responsible for putting the area back to its original condition.
3.5 Where services such as road sweeping or new markings are carried out these are often outsourced to companies with the necessary specialist equipment. Whilst TPMR Ltd will happily arrange and organise this for you any guarantees or liability in case of an issue will need to be brought up directly with the company who completed the works.
3.6 TPMR Ltd will make sure it has carried out a standard DBS check for each of its employees. The reference numbers for these are available on request.
3.7 TPMR will provide a removals plan prior to commencement of the works. This will list in order the markings to be removed. Our quotations will show how many days we have estimated for the project and a day is classed as up to 12 hours door to door. If the project cannot get completed within the estimated time then we will let you know and you will have the option of getting as much removed as possible within the initial booking or for us to return at our next available day. If you choose us to return, we are happy to take verbal confirmation of this order and we offer this at a pre agreed reduced rate of £1250 + VAT for the additional visit.
3.8 Our jet washing quotation is based on our estimate of how much time will be needed to complete the work. This can vary depending on the condition of the playground and the water pressure. We require a minimum of 20 litres per minute to complete the job efficiently. Anything less will increase the time needed and if this means the job falls into an extra day then additional costs will be incurred.
3.9 The vapour removal service includes a general clean of the tarmac surface to remove any surface debris and dirt. The general clean performed as part of the vapour removal service is not thorough enough to prepare the tarmac surface for the installation of tarmac restorer or paints. Additional prep work is required. If the client requires a thorough surface clean it will be charged as an additional service.
4.0 Obligations of The Client
4.1 In return for the services detailed on the quotation the Client agrees to make payment of Fees to TPMR Ltd. The Client agrees to pay a 50% deposit of the full amount of the quotation on submission of the order form, and the remaining 50% on completion of the works. Payment can either be made by cheque or by bank transfer. If paying by bank transfer the payment must be paid to our Natwest account. Sort Code 52- 41-32 Account number 54846749.
4.2 Every quotation includes a 10% discount already applied on the basis that payment is made on completion of the works. If payment is not made available on completion of the works TPMR Ltd reserve the right to charge an additional 10% on top of the quotation price plus any reasonable costs incurred in obtaining the payment. This supersedes any other terms and conditions provided by the client to TPMR Ltd and is regardless of where the payment comes from. If payment will not be possible within this timeframe the client needs to discuss this with TPMR Ltd prior to placing the order to agree a payment timescale.
4.3 Vapour Blasting may cause some scarring to the surface it is used on. The level of scarring will vary dependant on the surface type, age, condition and aggregate size. The client will need to be on site to supervise and observe all work to ensure it is being carried out to their satisfaction. If the client is not happy with the level of scarring at any point they need to discuss this with the representative straight away so works can stop and alternative options can be discussed.
TPMR Ltd will not accept any claim for scarring or discolouration to the surface. It is the customers responsibility to make sure that they are on site and able to oversee the project to make sure it is completed to their satisfaction.
4.4 The client will make sure the playground is kept clear whilst the removals are taking place, as well as ensuring a good tapped water supply within 25m of the playground.
4.5 The client will ensure the team has unlimited access to the playground area throughout the day, including playground access for our vehicle and machinery. Our van is 6m L x 1.25m W x 2.75m H. It will also be towing a trailer.
4.6 TPMR Ltd reserves the right to charge a £1,250 fee if they are unable to complete the job on the agreed completion day. This can include but is not limited to the following;
- Suitable access to the playground is not available. We must be able to get our van within 45m of the furthest playground marking to be removed. The van cannot be driven over any fields so access will need to be via a tarmac or concrete road/path.
- The surface not being clean – ie free from any mud, dirt, moss, stones, excessive leaves etc.
- The client postpones the job and gives TPMR Ltd under 5 working day’s notice of the postponement.
- Not providing the install team with clear, uninterrupted access to the playground.In these circumstances the client will need to book an alternative installation date with TPMR Ltd.
4.7 The client will make sure the playground is clean and free from any mud, dirt, stones, moss etc.
4.8 It is the client’s responsibility to make sure they request from TPMR Ltd, any documentation they need at least 3 working days prior to the install team arriving. This includes things like CRB checks, risk assessments, method statements etc.
4.9 In the instance where a road sweeper is sent in to clean the area where we are removing the markings we would ask that the client has suitable means for disposal of the waste. If this is not possible please let us know in advance as we can arrange to get this removed subject to an additional charge.
5.0 Term of Agreement
5.1 This Agreement shall commence on the date that the Client gives either verbal or written confirmation that they wish to proceed with an order.
6.0 Insurance
6.1 TPMR Ltd has in place a Public Liability Insurance policy, subject to a claim limit of £5,000,000 for any works it undertakes, to be covered by this Policy.
6.2 Liability shall be limited by the provisions set out in section 7.0 below
7.0 Limitation of TPMR Ltd’s Liabilities
7.1 TPMR Ltd shall not be liable under any circumstances where the insurance cover does not allow or make payment of any claim for any reason whatsoever.
7.2 Except as set out in this Agreement, any warranties, conditions or representations whether implied by statute or otherwise, shall be excluded to the fullest extent permissible in law.
8.0 Termination of Agreement and Notice Of Rights To Cancel
8.1 The Client has the right to cancel this Agreement by providing at least 21 days’ cancellation notice prior to the agreed date of the removals. Where less than 21 days’ notice is provided by the Client to TPMR Ltd, then the client remains liable to make payment for £1,250 of the original quoted amount. Where less than 14 days’ notice is provided by the Client to TPMR Ltd, then the client remains liable to make payment for £1,250 for each of the scheduled days of removals work. Where less than 5 working days’ notice is provided by the Client to TPMR Ltd, then the client remains liable to make payment for the full amount of the quoted removals work. Payment is to be made within 5 working days of notification of the cancellation.
9.0 Covenants
9.1 The Client hereby agrees that having regard to all the circumstances, the restrictions contained in this Agreement are reasonable and necessary for the protection of the legitimate business interests of TPMR Ltd and do not bear harshly upon the Client and that the parties further hereby agree that:
9.1.1 each restriction shall be read and construed independently of the other restrictions so that if one or more are found to be void or unenforceable as an unreasonable restraint of trade or for any other reason the remaining restrictions shall not be affected; and,
9.1.2 if any restriction is found to be void but would be valid and enforceable if some part of it were deleted or amended, that restriction shall apply with such deletion or amendment as may be necessary to make it valid and enforceable; and,
9.1.3 These terms and conditions will supersede any provided by the client.
9.2 If at any time TPMR Ltd fails to insist upon strict performance of any of the obligations upon the Client under this Agreement and its provisions, or does not exercise any of the rights or remedies to which it is entitled under this Agreement, this shall not constitute any waiver of such rights and remedies and shall not relieve the Client from its obligations.
9.3 TPMR Ltd shall not be liable under this Agreement if it is prevented from, or delayed in, its performance of any obligations under this Agreement beyond its reasonable control due, but not limited to, circumstances including fire, rain, flooding, storm, Act of God, war or terrorism.
10.0 Dispute Resolution
10.1 The parties are committed to resolving all disputes arising under this Agreement, whether such dispute arises during its term or after termination without the need for litigation and to allow so far as is possible for commercial relationships to remain unaffected by disputes and will attempt in good faith to resolve any dispute or claim through negotiations between the parties who have authority to settle the same;
10.1.1 Notwithstanding section 10.1, this Agreement shall be construed in accordance with and governed by the laws of England and Wales and both parties hereby irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to this Contract.