Service Terms
Terms & Conditions for Spruce Hygiene Services
Terms and conditions for Spruce Hygiene Services. These conditions apply to all hygiene services provided by Spruce Hygiene — please read them carefully before approving an invoice or placing a service order.
General Conditions
These General Conditions shall apply to all Hygiene Services provided by Spruce Hygiene. The Conditions shall apply in their entirety and shall not be varied unless specifically agreed in writing. These Conditions apply to all quotes/invoices/jobs for the supply of services and supersede any previous terms and conditions.
No additions or modifications to or terms inconsistent with these Conditions shall be binding upon Spruce Hygiene unless specifically agreed in writing. If you do not agree to these terms and conditions then you should not pay this invoice, place a service order or receive any service from Spruce Hygiene.
Spruce Hygiene reserves the right to amend the Terms at any time and customers are deemed to be aware of and bound by the amendments to the Terms upon publication on the Spruce Hygiene Website.
Duration
This agreement between Spruce Hygiene and the customer comes into effect when the customer approves an invoice manually or electronically or places a service order via the website. The electronic approval/service order/invoice payment with a full payment shall commence the services and agreement between Spruce Hygiene and the customer.
The Service shall commence with effect from the date agreed between the parties. Unless stated otherwise in this agreement, during the period of this agreement the Customer shall not obtain the Service or services substantially similar to the Service from any third party.
Payment Terms
The Charge will be calculated as stated on the web or on the invoice sent. The amounts stated are exclusive of GST and the Customer shall pay all sums due in respect of GST in accordance with the invoice for the Service selected. Spruce Hygiene will ensure that each invoice for the Service contains adequate details of the GST charged.
All payments for the invoiced Services shall be due and payable within 14 days of the date of the invoice.
Price
Spruce Hygiene shall have the right to increase the Charge at any time to take account of any variation in Spruce Hygiene's costs including (but not limited to) variations in:
- wages and administration costs;
- disposal costs and cost of materials and items;
- fuel costs and transportation;
- taxes and duties; and
- cost of compliance with Relevant Legislation.
Spruce Hygiene shall endeavour to give the Customer prior notice of a variation of the Charge under this Clause; nevertheless, the Customer shall be liable to pay any additional charge incurred.
Delivery
The Customer shall provide convenient access to the Site, a suitable area for Spruce Hygiene to carry out its collection, disposal, cleaning, sanitisation and disinfection services.
The service personnel may in their absolute discretion refuse any service if they believe that access to the Site or the facilities is unsafe or likely to cause damage to the Properties of Spruce Hygiene or Customer premises, or if there is any reason to believe that the proposed area poses any sort of health and safety danger. The Customer shall be responsible for the safety of personnel of Spruce Hygiene whilst on or about the site.
All waste collected shall become the property of Spruce Hygiene from the time when Spruce Hygiene empties or replaces the Bins, PROVIDED THAT this clause shall not absolve the Customer from any liability or responsibility concerning the Waste.
Service Delivery Dates
Spruce Hygiene will use reasonable endeavours to meet the scheduled dates to provide its services (which shall always be Working Days, unless expressly agreed otherwise between Spruce Hygiene and the Customer) but shall not be liable for late arrivals or delays in performing the Service, and delays shall not entitle the Customer to rescind the agreement.
Spruce Hygiene shall have no liability for any delay or default in the provision of the Services caused directly or indirectly by breakdown or unavailability of Items or Vehicles, inability to obtain labour, or any other cause beyond Spruce Hygiene's reasonable control.
Changes in Customer Requirements
If the Customer's requirements for the Service shall at any time change, Spruce Hygiene shall implement such changes as are agreed between the Customer and Spruce Hygiene. Spruce Hygiene and the Customer shall agree in writing about the required changes and payment terms associated with those changes.
Risk
Risk of any loss or damage to the items supplied by Spruce Hygiene such as Bins and Dispensers shall pass to and remain with the Customer, except where the loss or damage arises from the negligence or wilful default of Spruce Hygiene, its employees.
Terms and Representations
These Clauses set out the Customer's rights in respect of any loss or damage caused by the provisions of the Service, its employees or agents. Customers are advised to read these provisions carefully and to check that they are covered by insurance against any loss or damage that they may sustain of which the potential liability of Spruce Hygiene is or may be restricted or excluded hereunder.
The Items and Supplies provided by Spruce Hygiene shall be deemed to be in good working order and condition and fit for the Customer's purpose (save for defects not discoverable by a reasonable examination) except to the extent that the Customer has notified Spruce Hygiene to the contrary within three working days of acceptance of the service at the Site.
Invoice queries must be received in writing within 14 days of the invoice date.
Items
In relation to any supplied items such as bins and dispensers provided by Spruce Hygiene, the Customer shall not:
- overload, overfill or refill any supplied items, or use any third-party product on them — overloading will incur additional charges (Customers will be notified at the time of collection);
- interfere with the mechanism of the items; or
- add or attach to the items any painting, sign, writing, lettering or advertising.
All items provided shall remain the property of Spruce Hygiene. The items must always remain at the designated Site. The Customer shall have no right of lien over the items.
Waste
The customer may not place or cause to be placed in the Bins any material other than Waste intended. Spruce Hygiene will be entitled to refuse to deal with any material:
- which it has reason to believe is toxic, poisonous, explosive, inflammable or otherwise dangerous;
- waste that is not allowed in the bins, i.e. soil, rubble, hot ashes, liquids, plasterboard and/or electrical items, the handling of which may cause Spruce Hygiene to incur civil or criminal liability;
- which it has reason to believe is or may be a Hazardous Waste; or
- the disposal of which might involve Spruce Hygiene in additional expense or an unreasonable amount of extra work.
Any handling of contamination will be subject to an additional charge to the Customer.
Liabilities of the Customer
During this agreement, the Customer shall make good to Spruce Hygiene all loss of or damage to any items price (fair wear and tear excepted).
The law states that Customers must segregate their waste for collection. Spruce Hygiene reserves the right to refuse to collect materials where Customers have not complied with this legislative requirement.
Termination
If the Customer commits any breach of this agreement, Spruce Hygiene may, in addition to its other rights in respect thereof, give notice to the Customer to terminate this agreement immediately or within 7 days if the customer shall not have remedied the breach to Spruce Hygiene's satisfaction during that time.
Either party may terminate this agreement by the service of notice in writing, which must be of no less than one month's duration. Termination of this agreement shall be without prejudice to any rights or liabilities of either party which may have accrued to that date.
Refunds may or may not be offered at the discretion of Spruce Hygiene.
Amendments
Spruce Hygiene reserves the right to amend these agreements as it considers necessary to comply with statutory requirements from time to time or any change in legislation governing the collection, transport and disposal of Waste, and will notify any such amendment to the Customer as soon as practicable.