Terms and Conditions
1. ABOUT US
We are Housily, based at 19 Lenamore Park, Newtownards, Co Down, Northern Ireland.
2. BASIS OF SALE
These Terms and any quotation set out the whole agreement between you and us for the supply of our clearance services, to the exclusion of all other terms and conditions.
Where we are able to provide a quote for our services without first needing to inspect the location where our services are to be provided then a contract shall be created between us on your acceptance of our quote, whether by telephone or email or otherwise. We reserve the right to vary our quoted price if at the time of collection the information you provided to us at the time of quotation was incomplete or inaccurate.
Where we need to visit the location where our services are to be provided in order to quote there shall be no contract between us, until we have inspected the location to provide a quotation. Any prior price indication shall be an estimate only, and not binding on us. A quotation from us shall be valid for a period of 30 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
3. CANCELLATIONS AND CHARGES
You may amend or cancel a booked collection at any time 48 hours before the booked collection by providing us with written notice.
If we are unable to remove any items from the premises as, for example, they are too large to fit through the doorways, then: (a) If we agree, in our discretion, to try and dismantle the item e.g. remove legs from tables, in order to try and get the item to fit through the doorway, if we are still unable to remove the item from the premises, then we shall not be responsible to reassemble such item; (b) If you wish us to appoint a third party company to assist, then you shall be responsible for such third party’s costs.
We allocate a set amount of time for clearing rubbish at the premises specified. Where it takes us longer than the allocated time for the allocated amount of storage space on our van we reserve the charge you an additional fee.
4. PROVISION OF SERVICES
Unless we are prevented from doing so by a Force Majeure Event, we will provide services with reasonable care and skill. We will make every effort to provide the services on dates provided but there may be delays due to circumstances beyond our control. In this case we will inform you to arrange a revised date as soon as reasonably possible.
You shall provide to us, our staff and subcontractors, with free and safe access to the premises where the rubbish is to be removed. You shall also notify us of any special circumstances which may be relevant to our quotation, including not limited to if the rubbish is difficult to get to, if any items are large or heavy, or if there is likely to be a dispute as to whether the rubbish can be cleared, or if we are unable to park outside the premises where the rubbish is to be collected from.
If you do not, or you provide us with incomplete or inaccurate information or instructions, we may cancel a collection, either on attendance at site or by giving you notice, or we may make an additional charge of a reasonable sum to cover any extra work or costs that are required. You confirm that you have the full authority for us to collect and dispose of the rubbish. You shall indemnify us from and against any cost or expense we suffer or incur from any third party as a result of your not having the authority for us to clear the rubbish.
If we detect or suspect there may be any asbestos or other hazardous or dangerous substances or materials on site we may immediately vacate the premises, and will not be responsible for further collection and disposal. In such event, you shall still be fully liable to pay for our services in full. If we need to appoint an expert to remove such materials already loaded onto our vans, we reserve the right to charge you, if at the time of removal we were unaware of any asbestos or other hazardous or dangerous substances or materials in what has been removed.
Any sharp or dangerous objects e.g. knives and broken glass should be separately stored in an appropriate container by you before we arrive for the collection. Under no circumstances should sharp objects be stored in bags. This requirement is for the safety of our staff and subcontractors.
5. PRICE AND PAYMENT
The price of our services will be as set out in the quotation we provided to you. We may invoice you before we have provided clearances in relation to deposits or after we have provided the services. You must pay the invoice in cleared monies within 24 hours of the date of the invoice by money transfer. Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of any other further services to you until you have paid the outstanding amounts.
You shall pay all amounts due in full without any deduction or withholding except as required by law and you shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part.
Please note with regards to oil tank collections, all invoices must be paid in full prior to the collection of any oil tank. Payments can also be made on the day by cash or card.
6. LIMITATION OF LIABILITY
This clause does not exclude or limit in any way our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
Subject to clause 6.1 (a) under no circumstances whatever shall we be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract; and (b) our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of our services under the contract in question.
7. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following (a) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (b) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (c) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (d) impossibility of the use of public or private telecommunications networks.
Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
We may terminate the arrangement between us at any time by providing you with 48 hours notice. Termination will not affect either party’s outstanding rights or duties, including our right to recover from you any money you owe us under these Terms
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to us at 19 Lenamore Park, Newtownards, Co Down or email to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us at the time of booking.
Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
11. DATA PROTECTION
We will only use the personal information you provide to us to provide the services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information. We will not pass your data to third parties.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.A person who is not.
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. These Terms shall be governed by Northern Ireland law and you and we both agree to the exclusive jurisdiction of the Northern Ireland courts.
Please check that the details in these Terms are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents.
Any advertising we issue and any descriptions contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the services they describe. They do not form part of the contract between you and us or any other contract between you and us for the supply of the services.
We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that you order our services from us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to orders you have previously placed that we have not yet fulfilled.