LH Property Services

Any contract (whether written, oral or implied) for the supply of cleaning services (the “Services”) between LH Property Services or LHPS Consultancy Ltd, its servants, employees, agents or sub-contractors (the “Contractor”) and the person, firm or company who purchases Services from the Contractor under any such contract (the “Customer”) shall be subject to the following terms and conditions (the “Conditions”) which shall prevail over any terms which may appear on or be attached to or enclosed with the Customer’s enquiry, purchase order specification or other documents received by the Contractor from the Customer or which may be implied by law or trade, custom, practice or a course of dealing between the parties, all of which are expressly excluded.

All work is carried out by the Contractor on the understanding that the Customer is bound by these Conditions, any estimate sent to the Customer by the Contractor (the “Estimate”) and the Customer Instruction (defined below). No offer placed by the Customer shall be accepted by the Contractor other than by a written acknowledgement issued and executed by the Contractor when a contract for the supply and purchase of the Services on these Conditions will be established (the “Contract”) or the Services are performed by the Contractor whichever is the sooner.

The Customer shall provide free of charge:

All necessary light, hot water, and other facilities as distinct from materials, which the Contractor may require to carry out the Services; and suitable and safe accommodation for such equipment and materials as the Contractor deems necessary to leave on the Customer’s premises.

For Contracts whose terms include bank holidays in the United Kingdom including but not limited to, Christmas holiday periods and Easter breaks as specified by the Contractor to the Customer these will not be covered as part of the ongoing Contracts unless prior arrangements have been made with the Contractor. If cleaning is required the daily charge will be twice the normal daily rate. If a client temporarily closes down its office over periods such as Christmas or Easter or for any other reason and does not inform the Contractor and receive a written acknowledgement from the Contractor, no reductions or amendments to the invoice value will be made and full charges as quoted will apply and will be payable in accordance with the Contract.

The Customer shall not during the period of its Contract or for a period of six months after the termination of the Contract (however terminated) either on its own account or on behalf of or as representative of any other person or company solicit or accept the whole or part-time services of or entice away any subcontractor or employee (whether supervisory or cleaning) of the Contractor.

In the event that the Customer’s acceptance of the Contract does constitute a relevant transfer within the terms of the Transfer of Undertakings (Protection of Employment) Regulations 1981, the Customer agrees and undertakes to fully indemnify the Contractor against all accrued redundancy costs relating to those employees working on the Customer’s site and transferring to the Contractor.

Where Services relate to the provision of professional cleans, especially end of tenancy cleans, the Customer agrees to ensure all personal belongings, rubbish and food will be removed from the premises prior to the arrival of the Contractor. Failure to adhere to this condition will result in further charges being incurred subject to a minimum of £65.

Where the Contractor is unable to perform the Services at the agreed time or date as a result of access not being available, or not fully available (for example, as a result of the property not being fully vacated, keys not being available from the Customer or the Customer's appointed agent) then the Contractor reserves the right to levy charges in excess of any Estimate based on the time costs and opportunity costs associated with the delays which are beyond its control. 

In the event that the Customer cancels any order for Services, or terminates the Contract (the "Cancellation"), the following charges may be incurred:

Where the Cancellation occurs with less than 1 week's notice, the Contractor reserves the right to charge 50% of the amount attributable to the provision of such Services as are being cancelled. 

Where the Cancellation occurs with less than 24 hours' notice, the Contractor reserves the right to charge 100% of the amount attributable to the provision of such Services as are being cancelled.

The Contractor shall use reasonable endeavours to provide the Services to the Customer, in accordance in all material respects with the Customer’s Instruction.

The Contractor shall use reasonable endeavours to meet any performance dates specified in the Customer’s Instruction, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

The Contractor shall use reasonable endeavours to observe all health and safety rules and regulations, and any other reasonable security requirements that apply at the Customer’s premises and that have been communicated to it by the Customer, provided that it shall not be liable under the Contract if, as a result of such observation, it is in breach of any of its obligations under the Contract.

In cases where the Contractor is unable to return items belonging to the Customer at no fault of its own on the date agreed with the Customer, the said items will be kept in storage by the Contractor at an extra cost to the Customer in accordance with the Contractor’s usual storage costs. If after six months of the original attempted delivery date the items are still kept in storage by the Contractor, the ownership of the items will be surrendered by the Customer to the Contractor who shall be free to deal with them as it deems fit.

The Contractor shall not be liable for any loss or damage suffered by the Customer or any other party arising out of the Contractor’s failure to provide or delay in providing the Services as a result of any acts, events, omissions or accidents beyond the Contractor’s control which without prejudice to the generality of the foregoing shall include but is not limited to any trade dispute, strike or lock out, default of suppliers or sub-contractors, breakdown of machinery, war, civil commotion, riots, malicious damage, military action, failure of a utility service or transport network, acts of God, fire, flood, storm, insurrection or acts of a Governmental or military agency.

The Contractor shall not be liable for death or personal injury resulting from negligence; or for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Contractor.

Any complaint as to the quality of the work, conduct or non-attendance of the Contractor shall be made in writing as soon as possible and in any event within 7 days following completion of the Services which are the subject of the complaint. Upon receipt of any such complaint the Contractor will take all reasonable steps to investigate and rectify the matter without expense to the Customer.

It shall be assumed that if no written complaint is received by the Contractor within the time period referred to above, its obligations have been performed to the satisfaction of the Customer.

The Customer shall pay to the Contractor all sums immediately when due without reduction or deferment on account of any claim, counterclaim or set-off.

The Customer shall be liable to pay to the Contractor, on demand, all reasonable costs, charges or losses sustained or incurred by the Contractor (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Customer’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Contract. In consideration of the provision of the Services by the Contractor, the Customer shall pay the charges as set out in the invoice or as agreed otherwise in writing between the Customer and the Contractor.

Time for payment shall be of the essence of the Contract.

The Contractor shall be entitled to cancel or suspend any Contract without penalty in the event of the Customer exceeding any stated credit terms or any delay in payment by the Customer on the due date.

For non-regular cleaning quotations, linen quoted for is based on linen seen at the time of the quotation. Any extra linen taken away on the instruction of the Customer at the time of cleaning will be cleaned and charged in accordance with prices quoted within the Estimate accordingly unless agreed otherwise between the Customer and the Contractor.

Any items quoted for in the Estimate are for cleaning unless stated otherwise. Additional surcharges may apply for weekend or Bank holiday cleaning, or cleaning requested to be carried out past 17.00. Amendments or additions to the Customer Instruction may result in the invoice total being different from the Estimate.

The prices as set out within the Estimate charged by the Contractor will increase automatically with effect from each calendar year by no less than the percentage which is equal to the percentage increase in the All Items of Retail Prices Index published by the National Office for Statistics over the previous year, or by the percentage which is equal to the percentage increase of the Minimum Hourly Wage set by Her Majesty’s Government over the previous year whichever is the greater. The Contractor will give the Customer written notice of any such increase 30 days before the proposed date of the increase. If such increase is not acceptable to the Customer, it may, within one month of such notice being received or deemed to have been received terminate the Contract.

Without prejudice to any other rights or remedies available to the Contractor, if the Customer fails to pay to the Contractor any amount on the due date, the Contractor reserves the right to charge the Customer interest (both before and after judgment) at the rate of 4 percent above base rate of the Bank of England accruing on a daily basis and being compounded each month on any overdue amount together with all legal costs and other third party expenses and charges incurred in recovering any overdue payments and/or to cancel any contract with the Customer and/or to suspend the provision of Services.

The Contractor undertakes to be insured in respect of Employers Liability to such an extent as would be reasonable in all the circumstances.

The Contractor shall be entitled to sub-contract any or all of its services as in its sole discretion it shall deem fit. The Customer shall not be entitled to assign any contract without the prior written consent of the Contractor such consent not to be unreasonably withheld. The Contractor may assign or transfer any Contract without the Customer’s prior written consent.

A person (a “third party”) who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. This does not affect any right or remedy of such third party which exists or is available apart from that Act.

If any provision of these Conditions shall be unlawful, void, or for any reason unenforceable, then that provision or part-provision is and shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

If any part of these Conditions conflict or are inconsistent or incompatible with any terms of the Customer Instruction, then these Conditions shall take precedence unless otherwise agreed in writing by the Contractor.

No delay or omission of either party in exercising any right under a Contract shall be construed as a waiver of that right. Any default or right under a Contract it is only effective if it is in writing signed by the party waiving the right and shall only apply to the circumstances for which it is given if that shall not act as a waiver of any other default or right whether or not similar or contemporaneous or on a future occasion.

Any notice or other communication required to be given under the Contract shall be in writing and shall be delivered personally, or sent by pre-paid first-class post, recorded delivery, email or fax or by commercial courier to the other party and for the urgent attention of the party’s last known contact, or as otherwise specified by the relevant party by notice in writing to the other party.

Any notice or other communication shall be deemed to have been duly received if delivered personally and for the contact specified by the Contractor or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, if by fax or email at the time it is successfully sent or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed. This condition shall not apply to the service of any in any proceedings or other documents in any legal action.