Terms & Conditions

Hire Cleaning Machines is owned and operated by skyVac.

skyVac Limited Terms and Conditions of Sale

These Conditions apply to the purchase of all products from Spinaclean Limited through its website, by telephone or in person at its premises. By placing an order, the Customer agrees to be bound by them.

1. DEFINITIONS AND INTERPRETATION

1.1 The following definitions apply to these Conditions:

  • Business: means a business, trade or profession.
  • Conditions: these Terms and Conditions as amended from time to time.
  • Consumer: a Customer purchasing the Products other than for the purpose of a Business.
  • Contract: the contract between Spinaclean and the Customer for the sale and purchase of the Products.
  • Contract Documents: the documents comprising the Contract, as specified in Clause 2.3.
  • Customer: the person or organisation purchasing the Products from Spinaclean.
  • Delivery Location: the address or addresses for delivery of the Products.
  • Documentation: any descriptions, instructions, manuals, literature, technical details or other related materials supplied by Spinaclean to the Customer in connection with the Products.
  • Products: the products, related accessories and spare parts and other physical items to be supplied by Spinaclean to the Customer in accordance with the Contract.
  • Order: the Customer’s order for the Products.
  • Site: www.hirecleaningmachines.co.uk
  • Spinaclean: Spinaclean Limited, a company incorporated under the laws of England and Wales (company number 04506121) whose registered office is at Unit 33 Cornwell Business Park, Salthouse Road, Brackmills Industrial Estate, Northampton NN4 7EX.
  • Specification: the functional, performance and technical specification for the Products, as set out in the Documentation.
  • VAT: value added tax under the Value Added Tax Act 1994 or any other similar sale or fiscal tax applying to the sale of the Products.

1.2 In these Conditions, unless the context does not so permit:

  1. Clause headings are included for convenience only and shall have no effect on interpretation.
  2. A reference to a “party” means either Spinaclean or the Customer and includes that party’s personal representatives, successors and permitted assigns.
  3. A reference to a “person” includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.
  4. A reference to a “company” includes any company, corporation or other body corporate, wherever and however incorporated or established.
  5. A reference to any gender includes each other gender.
  6. Words denoting the singular include the plural and vice versa.
  7. A reference to “writing” includes email and the expression “written” shall be construed accordingly.
  8. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
  9. A reference to a statute or statutory provision includes all subordinate legislation made from time to time under that statute or statutory provision.

2. BASIS OF CONTRACT

2.1 These Conditions apply to and form part of the Contract between Spinaclean and the Customer. They supersede any previously issued terms and conditions of purchase.

2.2 These Conditions apply to and govern the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate by any means, or which are implied by law, trade custom, practice or course of dealing.

2.3 If there is an inconsistency between any of the Contract Documents, then they shall prevail in the following descending order of priority:

  1. any document not mentioned in Clause 2.3(b) to 2.3(d) which the parties intend to be legally binding, including any correspondence setting out further specifications, minor adjustments or clarifications of the provisions of the other Contract Documents;
  2. the Specification;
  3. the Order; and
  4. these Conditions.

2.4 No variation of any Contract Document shall be binding unless expressly agreed in writing by a duly authorised signatory of both the Customer and Spinaclean.

2.5 Each Order by the Customer to Spinaclean shall be an offer to purchase the Products in accordance with the Contract.

2.6 Each Order shall form the subject of a separate Contract.

2.7 The Customer shall ensure that each Order is placed in writing and includes the following information:

  1. The full legal name and postal address of the Customer.
  2. The specific Products being ordered and the respective quantities.
  3. The Price, as determined pursuant to Clause 3.1.
  4. The Delivery Location.
  5. The Customer’s preferred delivery date.

2.8 Spinaclean may accept or reject an Order at its discretion. An Order shall not be accepted, and no binding obligation to supply any Products shall arise, until the earlier of:

  1. Spinaclean’s written acceptance of the Order; or
  2. Spinaclean delivering the Products.

Upon acceptance of the Order in accordance with this Clause 2.8, the Contract shall come into effect.

2.9 Any descriptive matter, advertising or promotional material issued by Spinaclean is for the sole purpose of giving an approximate indication of the nature, physical properties, functionality or performance of the Products. Such material shall not form part of the Contract.

3. PRICES AND PAYMENT

3.1 The Prices are set out on the Site and in price lists issued by Spinaclean from time to time and, unless otherwise stated, are exclusive of VAT.

3.2 The Prices do not include delivery charges. Spinaclean will notify the Customer of the applicable delivery charges (if any) prior to the placing of the Order.

3.3 The Customer must pay the Price, together with VAT and any applicable delivery charges, upon delivery of the Products or, if later, upon Spinaclean’s submission of its invoice. Payment must be made in full, without deduction or set-off, in such manner as Spinaclean, acting reasonably, shall require.

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

3.5 If the Customer fails to make any payment due to Spinaclean under the Contract in accordance with Clause 3.3, then, without limiting any other right or remedy Spinaclean might have:

  • If the Customer is a Consumer, the Customer shall be liable to pay interest on the overdue amount at the rate of 4% above the base rate of the Bank of England from time to time in force.
  • In all other cases, the Customer shall be liable to pay interest on the overdue amount in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

In each case, interest shall accrue on a daily basis from the due date for payment until actual payment, whether before or after judgment.

4. DELIVERY

4.1 Delivery of the Products shall be deemed to take place when Spinaclean makes the Products available for collection or unloading (as the case may be) at the Delivery Location.

4.2 Spinaclean shall use reasonable endeavours to meet any delivery date requested by the Customer, but any such date shall be an estimate only and time shall not be of the essence.

4.3 If the delivery of the Products is delayed by an event outside Spinaclean’s reasonable control, Spinaclean will notify the Customer and use reasonable endeavours to minimise the effect of the delay. If Spinaclean complies with these obligations, it will not be liable for any costs, expenses, loss, damage or liability resulting from such delay. However, if Spinaclean has not delivered the Products before 30 days from the date the Contract came into effect, the Customer may cancel the Contract by giving notice and receive a refund for any Products paid for but not received.

4.4 If the Customer fails for any reason to accept delivery of the Products, Spinaclean will contact the Customer to re-arrange delivery. If the Customer still fails to accept delivery before 30 days from the date the Products were first made available, Spinaclean may cancel the Contract with immediate effect. In that event, the Customer shall be liable for any costs, losses or expenses incurred by Spinaclean as a result of the failure to accept delivery, including storage costs and any financial losses in the resale of the Products.

4.5 Spinaclean may deliver the Products in instalments. Any delay or defect in an instalment shall not entitle the Customer to cancel any other instalment.

5. RISK AND OWNERSHIP

5.1 The risk of loss of or damage to the Products shall pass from Spinaclean to the Customer on delivery.

5.2 Ownership of the Products shall pass from Spinaclean to the Customer upon Spinaclean’s receipt of payment in full in cleared funds for the Products.

5.3 Until ownership of the Products has passed to the Customer, the Customer shall:

  1. Maintain the Products in satisfactory condition.
  2. Store the Products separately so they remain readily identifiable as Spinaclean’s property.
  3. Not remove, deface or obscure any identifying mark or packaging on or relating to the Products.

6. ACCEPTANCE AND DEFECTS

6.1 If the Customer is a Consumer, Clause 7 will apply. In the event of any inconsistency between this Clause 6 and Clause 7, Clause 7 shall prevail.

6.2 The Customer shall be deemed to have accepted the Products seven days after delivery if the Customer has not within that time notified Spinaclean of any defect or damage. After acceptance, the Customer shall not be entitled to reject Products that are not in accordance with the Contract.

6.3 Subject to the following provisions, Spinaclean shall, at its option, repair or replace any Product that is damaged upon delivery or that suffers any material defect or fails in any material respect to conform to the Specification within one year of delivery, to the extent such defect arises from faulty design, materials or workmanship.

6.4 Spinaclean’s obligations under Clause 6.3 are subject to:

  1. The Customer notifying Spinaclean in writing of the damage, defect or failure promptly (and in any event within seven days) of discovery.
  2. The Customer returning the defective Products at Spinaclean’s reasonable expense within Spinaclean’s specified time period.
  3. Spinaclean, at its own expense, delivering repaired or replacement Products to the original Delivery Location.

6.5 As an alternative, Spinaclean may, at its sole discretion, refund the Price to the Customer and recover possession of the Products.

6.6 Spinaclean shall have no liability for any damage, defect or failure affecting the Products to the extent that:

  1. The defect, damage or failure arises from wear and tear, wilful damage, negligence, abnormal working conditions, or could be expected in the normal course of use of the Products.
  2. The defect, damage or failure is caused by the Customer’s failure to comply with any instructions or recommendations issued by Spinaclean or the manufacturer.
  3. The Products are used after the Customer has or reasonably should have notified Spinaclean of the defect, damage or failure.

7. ADDITIONAL PROVISIONS APPLICABLE TO SALES TO CONSUMERS

7.1 This Clause 7 applies only if the Customer is a Consumer and in no other circumstances.

7.2 If the Products have been purchased via the Site or by telephone, the Customer may cancel the Contract without giving reasons by giving Spinaclean written notice any time before 14 days from the date of delivery. If the Customer exercises this right:

  1. Spinaclean will collect the Products at the reasonable expense of the Customer.
  2. Spinaclean will, within 14 days of receipt of the notice of cancellation, refund the Price and any delivery charges plus VAT, but may deduct a sum to reflect any loss in value of the Products caused by handling beyond what is necessary to establish their nature, characteristics and functioning.

7.3 Spinaclean has a legal duty to supply Products that are in conformity with the Contract. If the Products are not supplied in full, or are not of satisfactory quality or fit for purpose, the Customer may be entitled to statutory remedies.

7.4 If Spinaclean commits any breach of the Contract, it will be responsible for any loss or damage suffered or incurred by the Customer that is a foreseeable result of Spinaclean’s breach. Spinaclean will not be responsible for any loss or damage that is not foreseeable.

7.5 Spinaclean does not exclude or limit its liability to the Customer where it would be unlawful to do so. This includes liability for death or personal injury caused by Spinaclean’s negligence or for breach of the Customer’s legal rights in relation to the Products.

8. LIMITATION OF LIABILITY

8.1 Nothing in these Conditions shall limit or exclude Spinaclean’s liability for:

  1. Death or personal injury caused by Spinaclean’s negligence.
  2. Fraud or fraudulent misrepresentation.
  3. Breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
  4. Any other matter in respect of which it would be unlawful for Spinaclean to exclude or limit liability.

8.2 Subject to Clause 8.1:

  1. Spinaclean shall not be liable to the Customer for any loss of profit, revenue, business or opportunity, or diminution of goodwill, or any indirect or consequential loss, however arising.
  2. The total liability of Spinaclean to the Customer for all other losses arising under or in connection with the Contract shall be limited to the total sums paid by the Customer for the Products under that Contract.

9. FORCE MAJEURE

9.1 Spinaclean shall not be in breach of the Contract nor liable for any delay in performing or failure to perform any obligation to the extent that such delay or failure results from events or causes beyond its reasonable control (a Force Majeure Event). Spinaclean shall be entitled to a reasonable extension of time for performing such obligations. If the period of delay or non-performance continues for four consecutive weeks, either party may terminate the Contract by written notice.

10. CONTACTING SPINACLEAN

The Customer may contact Spinaclean by any of the following methods:

  1. By email: [email protected]
  2. By post: Spinaclean Ltd, 33 Cornwell Business Park, Salthouse Road, Brackmills Industrial Estate, Northampton NN4 7EX (attention: Customer Services Manager).
  3. By telephone: 01604 968700

11. MISCELLANEOUS AND GENERAL

11.1 Spinaclean may transfer its rights and obligations under the Contract to another organisation. Spinaclean will notify the Customer if this happens.

11.2 The Contract is between Spinaclean and the Customer. No other person shall have any right to enforce any of its terms.

11.3 Each paragraph of these Conditions operates separately. If any court or relevant authority decides that any paragraph is unlawful, the remaining paragraphs remain in full force and effect.

11.4 If Spinaclean does not insist immediately that the Customer perform any obligation, or if Spinaclean delays in taking steps against the Customer in respect of any breach of contract, this does not mean Spinaclean has waived its rights, nor does it prevent Spinaclean taking action at a later date.

11.5 The Contract Documents constitute the entire agreement between Spinaclean and the Customer in relation to the Products. Each party acknowledges that it has not relied on any representation or statement not set out in the Contract Documents.

11.6 The Contract is governed by English law, and Spinaclean and the Customer submit to the non-exclusive jurisdiction of the English courts.