1. Business customers and consumers
1.1 Some of these terms apply to consumers only, some apply to business customers only. Those terms are marked as such.
1.2 All other terms apply to all customers.
1.3 You are classified as a business customer if you indicate to us that the goods supplied by us
will be used in the course of your business or if you use the goods in the course of your business.
1.4 If you are not a business customer, you are a consumer. You have certain statutory rights as a
consumer which are not affected by these terms. Contact your local trading standards office for more information, Words in italic type are legal words which clarify, rather than alter, the meaning of the relevant clause
2. Payment terms
2.1 You are to pay us in cash or in cleared funds on delivery of our invoice, unless you have an approved credit account.
2.2 Business customers: If you have an approved credit account, payment is due no later than 30 days after the date of our invoice unless otherwise agreed in writing.
2.3 If you fail to pay us in full on the due date we may:
2.3.1 Suspend or cancel future deliveries or work:
2.3.2 Cancel any discount offered to you:
2.3.3 Change you interest at the rate set under s.6 of the late payment of Commercial Debts (interest) Act 1998
a) Calculate (on a daily basis) from the date of our invoice until payment
b) Compounded on the first day of each month: and
c) Before and after any judgement (unless a court orders otherwise)
2.3.4 Claim fixed sum compensation from you under s.5A of that Act to cover our credit control overhead costs: and
2.3.5 Recover (under clause 2.8) the cost of taking legal action to make you pay.
2.4 If you have an approved credit account we may withdraw it or reduce your credit limit or bring
forward your due date for payment. We may take any of these actions at any time and without notice.
2.5 Business Customers: you do not have the right to set off any money you may claim from us against anything you may owe us.
2.6 Consumers: You may only set off money you claim from us against money you owe us with our
written agreement and on such terms as we may state.
2.7 While you owe money to us, we have a right to keep any property we may hold of yours until the debt is settled in full.
2.8 You are to indemnify us in full and hold us harmless from all expenses and liabilities we may incur (directly or indirectly and including finance costs and legal costs on a full indemnity basis) following any breach by you of any of your obligations under these terms.
2.9 Consumers: Clause 2.8 means that you are liable to us for losses we incur because you do not comply with these terms. We may claim those losses from you at any time and if we have to take legal action we will ask the court to make you pay our legal costs.
3.1 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person not identified as the buyer or seller.
4. Date Protection
Where you provide us with personal data (“data”), I understand that the data will be held securely, in confidence and processed for the purpose of carrying out your (skip hire, plant hire or site contract work) business and associated activities (“Activities”). In considering your application, you accept that we may consult with and disclose the data to credit references agencies, Banks, Credit insurers and other responsible organisations outside your business that we have nominated (“third Parties”), and that such third parties may process the data. I understand that under the Act I have a right to know what data you hold on me if I apply to you in writing to email@example.com or by post.
5. Unpaid Account
In the event of an unpaid account or disputed account, we will instruct our appointed debt recovery agents/solicitors to proceed with the necessary course of action to retrieve any monies due to our Company without prior consent from the customer. The only information held that is relevant to the matter in hand will be passed to our appointed third-party agents.
6. CPA Terms and Conditions for Hire
For terms of hire, please refer to the full CPA Model Terms and Conditions – Click Hire