TERMS AND CONDITIONS
In this document the following words shall have the following meanings:
Agreement means the contract entered into between the Supplier and the Customer for the provision of the Services, incorporating these Terms and Conditions;
1.2. The Supplier means Bicyclean (company number OC426979) whose registered office is at 83 Calderon Road, London, E11 4ET;
1.3. The Services means the agreed bicycle valeting and / or cleaning work that is to be carried out by the Supplier;
1.4. The Customer means the organisation or person who purchases goods and services from the Supplier;
1.5. The Price means the amount payable by the Customer to the Supplier for the provision of the Services.
2.1. These Terms and Conditions shall apply to all contracts for the supply of goods and services by the Supplier to the Customer.
2.2. These Terms and Conditions are detailed on the Supplier’s website and are readily available to be viewed by the Customer at any time. It is reasonable to assume that any business providing services has their own unique terms and conditions of service and so a lack of awareness of these Terms and Conditions shall not entitle the Customer to waive any of their obligations as are outlined within these Terms and Conditions.
2.3. All of the materials / chemicals used by the Supplier in the performance of the Services are of a premium quality and includes popular brands like Muc-Off and Park Tool.
2.4. The Supplier hereby warrants to the Customer that the Supplier shall use <u>all reasonable endeavours</u> to complete the Services within estimated time frames but time shall not be of the essence in the performance of the Services.
2.5. Where any bicycle to be worked upon as part of the Services is deemed by the Supplier to be classified as a special luxury or super-sports type model, additional terms may apply, which may be advised by the Supplier at any time.
3. BOOKING AND CANCELLATIONS
3.1. The Supplier cannot guarantee precise times for commencement of the Services when accepting the booking.
3.2. The Supplier reserves the right to amend a booking time and/or date at any time due to unforeseen circumstances, without incurring any penalty or any alteration to the Price.
3.3. The Customer must provide at least 48 hours’ notice to cancel any booking and failure to provide this level of notice will result in a charge equal to at least 50% of the Price. Cancellations received on the same day as the booking will result in a charge equal to 100% of the Price.
4. THE SERVICE
4.1. The Supplier shall use reasonable skill and care in the performance of the Services.
4.2. The Customer shall remove all personal belongings, saddle bags, bells and items of value from the bicycle(s) prior to the Services being carried out. The Supplier shall accept no liability for any loss of, or damage to, any such personal belongings that were not removed from the bicycle(s) prior to the Services being carried out.
4.3. If, during the Services and in the reasonable opinion of the Supplier, any bicycle being worked upon requires a greater degree of cleaning work than was previously expected, or if the Supplier suffers a delay in the carrying out of the Services due to circumstances outside of their control, the Supplier reserves the right to amend the Price to reflect the increased level of service provided. On such occasions, the duration of the Services may also be increased accordingly.
4.4. The Customer acknowledges and accepts that they are aware of the type of materials that will be used and the specific activities that will be carried out in the performance of the Services, and as such the Customer hereby indemnifies the Supplier against any damage caused as a result of any pre-existing condition to any bicycle and where such damage is sustained during the normal performance of the Services. A non-exhaustive list of examples of such damage may include, inter alia: polished metal surfaces that have not been protected by lacquer; loose fitting parts; faulty parts; any surface, including plastic, that may chemically react with the cleaning materials used during the performance of the Services.
4.5. The Customer acknowledges that they possess a spare set of keys for the any bicycle locks and as such hereby indemnifies the Supplier against any loss or damage caused as a result of the loss by the Supplier (or locking of a bicycle) of the key(s) that were provided by the Customer to facilitate the Services.
4.6. The Customer is responsible for ensuring that the general location of the Services and the working area around any bicycle being worked on as part of the Services are suitable to enable the Services to be carried out efficiently and safely, and without risk of penalties (usually from private land owners) being incurred to the Supplier’s bicycles. Any such penalties, if incurred, shall be chargeable as an addition to the Price.
4.7. The Supplier reserves the right to refuse to carry out the Services if, in the opinion of the Supplier, the Customer has failed to fully comply with Clause 4.6. In such circumstances, 100% of the Price will be chargeable.
4.8. Upon completion of the Services, and during handover of the bicycle(s) back to the Customer, the Customer shall inspect the bicycle(s) and either confirm that the Services have been completed to their satisfaction, or advise the Supplier of any specific area(s) of dissatisfaction, in order to give the Supplier the opportunity to make good any issue raised. The Supplier shall accept no liability for claims made by the Customer regarding the performance of the Services that were not raised during the handover stage. In the event that the Customer is not able to be present to inspect the bicycle at the time of completion of the Services, handover shall be deemed to have been completed exactly 24 hours after the completion of the Services.
4.9. In respect of any bicycle that has been worked on as part of the Services, the Customer is responsible for ensuring that all the bicycle components/fixtures (eg for brakes, gear cables etc) are set to the required settings prior to using the bicycle.
5.1. The Supplier reserves the right to, without notice, suspend performance of the Services or to terminate the Agreement if, in the opinion of the Supplier, the Customer is not acting in a reasonable manner or if there is reason to believe that the Customer may not be able to fulfil all their obligations under the Agreement.
5.2. The amount payable in the event of Termination in accordance with Clause 9.1 shall be determined by the Supplier having regard to the Price and the stage of the Services that the Termination occurred.
5.3. The Supplier accepts no liability for any direct or indirect costs, howsoever arising, in the event of Termination in accordance with Clause 9.1.
6. NO THIRD PARTIES
Nothing in any Agreement entered into between Supplier and Customer is intended to, nor shall it confer any rights on a third party.
In the unlikely event that any legal disputes are to arise between Bicyclean and the customer, all third parties including property owners, landlords, property developers, business parks owners, employers and the like shall be fully protected by the laws of England and Wales, and shall not incur any fees, penalties, or charges in connection to the said dispute. All disputes (legal and non-legal) shall arise solely and exclusively between Bicyclean and the customer.
8. GOVERNING LAW AND JURISDICTION
8.1 Any Agreement entered into between Supplier and Customer shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English and Welsh courts.
8.2. All Prices and all services are subject to change without prior notice.