Laundering Agreement - Terms and conditions
1. Definitions
In these terms:
“Ocean” means “Ocean Laundry Ltd”
“Customer” means Ocean`s customer.
“Agreement” means any agreement between Ocean
and the customer for the rental of goods or for the provision
of cleaning and ancillary services.
“Items” means the articles which are rented to the
customer by Ocean (including any replacement articles) or
the articles which are owned by the customer and are to be
cleaned by Ocean.
“Schedule” means any listing of items which are subject to
an agreement.
“Residual value” means a scale of charges made when
a garment is taken out of service.
Unless expressly agreed in writing, these terms will apply
to all agreements between Ocean and the customer.
Headings in these terms are for ease of reference only
and do not affect interpretation.
2. Ownership of items
Items supplied on a rental basis remain Ocean’s property at all
times, even after the agreement has terminated. No third party
must be permitted to clean or remove them without Ocean’s
permission. The customer must insure them for their full
reinstatement value while in their possession. Any items which
are lost and damaged will be charged to the customer.
The customer may vary the quantity of articles on rental, by prior
notification to Ocean. In the event of items taken out of service, the
weekly charge shall not fall below the minimum weekly charge.
In order to maintain levels of service Ocean may replace items from
time to time with the same or similar articles.
3. Charges and payment
Invoices for rental services will be sent either four or five weeks in
advance. Invoices for cleaning customer items will be sent four
or five weeks in arrears. Payment must be by direct debit,
unless Ocean has agreed otherwise, and payment is due 20 days
after the invoice date (“due date”) without any deduction or
set off. Charges will begin once service is commenced and will be
applied for each week of the year. In addition to the charges set out
in the schedule certain supplementary charges are payable as set
out in our published list of supplementary charges, which is
available from Ocean on request. Ocean reserves the right to
update that list from time to time.
All charges are exclusive of VAT which will be charged in addition.
Ocean reserves the right to send invoices electronically to the
email address set out in the schedule. The customer agrees to
immediately inform Ocean of any changes to the customer’s
email address. Ocean reserves the right to increase or reduce
charges at any time during the period of agreement.
If payment is not received by the Due Date then, without prejudice
to any other rights it may have under this agreement, Ocean
reserves the right to (a) charge interest on the outstanding
balance calculated by using the statutory interest rates set out or
referred to in the late Payment of Commercial Debts (Interest) Act
1998 (as from time to time amended, extended or re-enacted) from
the Due Date until the date payment is received in full (both before
and after judgment) and to recover from the customer all legal and
other costs expenses and fees (including the costs of reminders
and other administration activates) incurred or suffered by Ocean
in connection with late payment, debt recovery, or any legal
proceedings and/or (b) suspend its services (without being in breach
to the customer) until payment has been made in full. During the
period of suspended service Ocean will continue to charge the
current weekly charge.
At all times the customer will pay Ocean the minimum charge
set out in the schedule. If no minimum charge is specified this
is to be 50% of the average taken from the first 3 invoices on
the customer’s account.
4. Customer’s obligations
The customer, not Ocean, is responsible for ensuring the items
supplied are appropriate for their intended use throughout
the term of this agreement.
The customer is also responsible for telling Ocean if the items
come into contact with hazardous materials such as asbestos,
to allow Ocean to protect garment wearers and employees.
Where appropriate, Ocean may refuse to process contaminated
articles or take any other necessary action.
5. Liability
Ocean does not accept liability for loss or damage to items
belonging to customer unless caused by Ocean’s negligence.
In that event Ocean’s liability shall be limited to the value of the
item in question.
Ocean does not accept liability for loss of profits or other
consequential loss however arising or for loss or damage
resulting from events outside its direct control.
If Ocean supplies equipment, then installation will be as safe as
practicable, but Ocean does not accept liability for any items
which the customer has relocated, repaired or used for a purpose
other than those for which they were indicated.
6. Termination
The agreement commences from the date on which it is acceptable
and signed on behalf of Ocean for a minimum period of 12 months.
After the expiry of the initial period, the agreement shall renew
automatically for successive periods of 12 months (each an
“extension period”) unless or until terminated by either party by giving not less than (3) months’ prior notice in writing to the other,
such notice to expire on the last day of the initial period or the then
current extension period.
In the event of breach by the customer which is not remedied
within seven days of Ocean’s written request, or in the event
of the customer’s insolvency, Ocean may terminate this
agreement immediately.
When the agreement ends, any rented items in service must
be made available for collection by Ocean. A residual value
charge will be payable. A schedule of residual value charges
is always available from Ocean on request. Ocean reserves the
right to update this schedule from time to time.
Residual value charges will also be applied for any items taken
out of service for any reason during the agreement.
Where an agreed stockholder value is indicated on the schedule
then the customer must purchase those items to that value
should the agreement terminate for any reason, or if the items
are taken out of service.
7. General
Ocean reserves the right to vary the terms of this agreement at
any time upon giving the customer not less than 21 days’ prior
written notice. The customer shall not assign this agreement
without the prior written consent of Ocean apart from changes
to the charges or other terms of this agreement introduced
by Ocean in accordance with section 3, no change to these
terms shall be binding on Ocean unless specifically agreed to
in writing and signed by a director of Ocean or its authorised
signatory. If for any reason any provision of this agreement shall
be found or held invalid, illegal or unenforceable, such provision
shall be deleted from this agreement and the remaining provisions
shall remain in full force and effect. This agreement shall be
governed by the laws of England and Wales and shall be subject to
the non-exclusive jurisdiction of the courts of England and Wales.
Rental Agreement - Terms and conditions
1. Definitions
In these terms:
“Ocean” means “Ocean Laundry Limited”
“Customer” means Ocean’s customer named overleaf.
“Agreement” means this agreement (including the schedule) between
Ocean and the customer for the rental of rental items and/or for the
provision of cleaning and ancillary services as set out in the schedule.
“Garments” means the articles of clothing which are rented to the
customer by Ocean (including any replacement articles)
“Rental items” means the garments and/or all other articles which are
rented to the customer by Ocean (including any replacement articles)
“Customer items” means the articles which are owned by the customer
and are to be cleaned by Ocean.
“Items” means rental items and customer items.
“Schedule” means the schedule attached to this agreement setting out
details of the rental items and/or cleaning and ancillary services
and any additional schedules which may be added to this agreement by
the parties are a later date.
“Residual value” means in relation to Garments a scale of charges
made when a Garment is taken out of service.
This agreement constitutes the entire agreement between Ocean and the
customer and the terms of this agreement shall prevail over any terms and
conditions which the customer may purport to apply or incorporate and the
customer waives any right which the customer otherwise might have to rely on
such terms and conditions. Headings in these terms are for ease of reference
only and do not affect interpretation.
2. Ownership of items
Rental items remain Ocean’s property at all times, even after the agreement has
terminated. No third party must be permitted to clean or remove them without
Ocean’s prior permission in writing. The customer must insure them for full
reinstatement value while in their possession. Any rental items other than garments
which are lost or damaged whilst in the customer’s control or possession will be
charged to the customer at their full replacement value. Any garments that are lost
or damaged whilst in the customer’s control or possession will be charged to their residual value (or where applicable, their nominal value) and, for lost garments,
a non-return charge.
The customer may vary the quantity of items, by prior notification to Ocean. In the
event of items being taken out of service, the weekly charge shall not fall below
the minimum weekly charge set out on the schedule to this agreement
and where applicable, residual value and balance of weekly charges shall be
payable by the customer in accordance with sections 6 and 7 of this agreement.
In order to maintain levels or service Ocean may replace rental items from time to
time with the same or similar articles.
3. Charges and payment
Invoices for rental services will be sent either four or five weeks in advance. Invoices
for cleaning customer items will be sent four or five in arrears. Payment must be by
direct debit, unless Ocean has agreed otherwise, and payment is due 20 days after the invoice date (Due Date) without any deduction or set off. Charges will begin once
service is commenced and will be applied for each week of the year. In addition to
the charges set out in the schedule certain supplementary charges are payable as
set out in our published list of supplementary charges, which is available from Ocean
on request. Ocean reserves the right to update that list from time to time. All charges
are exclusive of VAT which will be charged in addition. Ocean reserves the right to
send invoices electronically to the email address set out in the schedule.
The customer agrees to immediately inform Ocean of any changes to the customer’s
email address.
Ocean reserves the right to increase or reduce charges at any time during the period
of agreement.
If payment is not received by the due date then, without prejudice to any other rights
it may have under this agreement, Ocean reserves the right to (a) charge interest
on the outstanding balance calculated by using the statutory interest rates set
out or referred to in the late payment of commercial debts (interest) act 1998 (as from
time to time amended, extended or re-enacted) from the Due Date until the date
payment is received in full (both before and after judgement) and to recover from the
customer all legal and other costs expenses and fees (including the costs of
reminders and other administration activates) incurred or suffered by Ocean in
connection with late payment, debt recovery or any legal proceedings and/or (b) suspend services (without being in breach to the customer) until payment has been
made in full. During the period of suspended service Ocean will continue to charge
to current weekly charge.
4. Customer’s obligations
The customer, not Ocean, is responsible for ensuring the rental items supplied
are appropriate for their intended use throughout the term of this agreement.
The customer is also responsible for telling Ocean if the items come into contact with
hazardous materials such as asbestos, to allow Ocean to protect garment wearers
and employees. Where appropriate, Ocean may refuse to process contaminated
items or may take any other necessary action.
Ocean undertakes to carry out the services detailed in this agreement to the
reasonable satisfaction of the customer. Should any serious complaint be necessary
it should be confirmed to Ocean in writing within 24 hours. Upon receipt of such
complaint Ocean will take all steps it reasonably considers necessary to rectify the
matter without expense to the customer.
5. Liability
Ocean does not accept liability for loss or damage to customer items unless caused
by Ocean’s negligence. In that event Ocean’s liability shall be limited to the value of
the item in question.
Ocean does not accept liability for loss of profits or any type of special, indirect or
consequential loss however arising or for loss or damage resulting from events
outside its direct control.
If Ocean supplies equipment, then installation will be as safe as practicable,
but Ocean does not accept liability for any rental items which the customer
has relocated, repaired or used for purposes other than those for which they
were intended.
Ocean does not exclude or limits its liability for death or personal injury caused by
its negligence or for fraud or fraudulent misrepresentation.
Subject to previous paragraphs of this section 5, Ocean’s maximum liability under or
in connection with this agreement, whether under contract tort (including negligence)
or any other cause of action, shall not exceed the charges paid by the customer
during the 6 months preceding the claim.
6. Minimum terms and renewal terms
All rental items (including any replacement rental items) are supplied to the customer
for at least a minimum term of three (3) years or such other period as indicated in
the schedule to this agreement (“minimum term”). The minimum term of each rental
item and each replacement rental item commences on its respective date of the
issue to the customer. At the end of each rental items minimum term, Ocean will
continue to rent such rental items to the to customers for consecutive periods of 12
months (each a “renewal term”) unless no less than 3 months prior written notice is
given by the customer (such notice to expire on the last day of the rental items
minimum term or the then current renewal term) that such rental item is no longer
required by the customer.
Each garment is depreciated over its minimum term from the date of issue with a
nominal minimum value remaining at the end of each garments minimum term
(“nominal value”) Therefore a residual value charge will be payable by the customer for any garment that has not been on charge for its minimum term (i) when the
agreement ends and (ii) when such garment is taken out of service for any reason
during the agreement, including during any notice period given by either party under
this agreement. A nominal value charge will be payable by the customer where a
garment has been on charge for at least the minimum term. A schedule of residual
value charges and each garments nominal value is always available from Ocean on
request. Ocean reserves the right to update that schedule from time to time.
Where, during the agreement, any garments are taken out service by the customer
(“withdrawn garments”), then provided such withdrawn garments are returned to
Ocean, Ocean will waive any residual value or nominal value charges for such
withdrawn garments where the aggregate of all garments withdrawn by
the customer during the term of agreement (including the withdrawn garments)
is less than 10% of the total quantity of the garments originally supplied to the
customer as set out in the schedule.
7. Duration and termination
The agreement commences on the date on which it is accepted and signed on
behalf of Ocean and shall continue in force for an initial period of three (3) years from
the first date on which any rental item is first supplied (“initial period”). After the
expiry of the initial period, the agreement shall renew automatically for successive
periods of 12 months (each an “extension Period”) unless or until terminated
by either party by giving not less than three (3) months’ prior notice in
writing to the other, such notice to expire on the last day of the initial period or
the then current extension period.
In the event of a breach of this agreement by the customer which is not remedied
within seven days of Ocean’s written request, or in the event of the customer’s
insolvency, Ocean may terminate this agreement immediately or on notice.
When the agreement ends, any rental items in service must be made available
for collection by Ocean. If any rental items are not made available for collection
by Ocean when the agreements ends, Ocean will make a charge for those rental
items. A schedule of such charges is always available from Ocean on request.
Ocean reserves the right to update that schedule from time to time.
Upon termination of this agreement however arising, the customer shall pay to
Ocean the following charges:
If the agreement is terminated by the customer before any rental
items are supplied to the customer but after Ocean has
measured the customer’s employees or attended the customer’s
premises for fitting, Ocean reserves the right to make a charge
to recover all administration, labour and other costs incurred,
including the costs of any orders already placed by Ocean for
the goods that were to be supplied on rental to the customer.
Where any garments are held in stock by Ocean for potential
specific issue to the customer then the customer shall purchase
those garments at cost to Ocean plus 15% should the
agreement terminate for any reason or if garments of that type
are taken out of service by the customer.
8. General
Ocean reserves the right to vary the terms of this agreement at any time upon giving
the customer not less than 21 days prior written notice.
The customer shall not assign this agreement without the prior written consent
of Ocean.
Apart from changes to the charges or other terms of this agreement introduced by
Ocean in accordance with sections 3 and 8, no change to these terms shall be
binding on Ocean unless specifically agreed to in writing and signed by a director of
Ocean or its authorised signatory.
If for any reason any provision of this agreement shall be found or held invalid, or
legally unenforceable, such provision shall be deleted from this agreement and the
remaining provisions shall remain in full force and effect.
This agreement shall be governed by the laws of England and Wales and shall be
subject to the non-exclusive jurisdiction of the courts of England and Wales.
