Purchasing Terms & Conditions

DRS was established as a facilities management and building maintenance company, working across South Wales and the South West.

Terms and Conditions of Purchasing

TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS AND OR SERVICES

Please read all these Terms and Conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 01792 277170 or email us at admin@drsfmservices.co.uk

Application

  1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
  2. We are DRS FM Services Ltd a company registered in England and Wales under number 08675176 whose registered office is at Phoenix House, Llys Felin Newydd,  Swansea Enterprise Park,  Swansea, SA7 9FG  with email address admin@drsfmservices.co.uk ; telephone 0179 277170  (the Supplier or us or we).
  3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.

Interpretation

  1. Contractmeans the legally-binding agreement between you and us for the supply of the Services;
  2. Delivery Locationmeans the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
  3. Goodsmeans any goods that we supply to you with the Services, of the number and description as set out in the Order;
  4. Ordermeans the Customer’s order for the Services from the Supplier;
  5. Services means the services, including any Goods, of the number and description set out in the our Tender / Proposal.
  6. Tender / Proposal means the goods, services and costs along with any exclusions, clarifications or assumptions provided by us to you to detail the extent of the proposed works or project.

Services

  1. The description of the Services and any Goods is as set out in our Proposal / Tender, website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in any Goods supplied.
  2. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
  3. All Services are subject to availability.
  4. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer Responsibilities

  1. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).
  2. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Basis of Sale

  1. The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
  2. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
  3. A Contract will be formed for the Services ordered, only upon  the Supplier sending an email to the Customer saying that the Order has been accepted  or, if earlier, the Supplier’s delivery of the Services to the Customer.
  4. Any quotation or estimate or Proposal / Tender of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
  5. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

Fees and Payment

  1. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our Proposal / Tender or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
  2. Fees and charges include VAT at the rate applicable at the time of the Order.
  3. Payment for Services must be made within 30 days of invoice.

Delivery

  1. We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
  2. in the case of Services, within a reasonable time; and
  3. in the case of Goods, without undue delay
  4. In any case, regardless of events beyond our control, if we have refused to deliver the Goods, you can (in addition to any other remedies) treat the Contract at an end.
  5. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
  6. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
  7. We do not generally deliver to addresses outside England, Wales and Scotland. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
  8. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
  9. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
  10. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

Risk and Title

  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
  2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal and Cancellation

  1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
  2. You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than 60 calendar days from the day the Contract was entered into. This does not affect your rights when the reason for the cancellation is any defective Goods or Services.

Conformity and Guarantee 

  1. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
  2. Upon delivery, the Goods will:
    1. be of satisfactory quality;
    2. conform to their description.
  3. It is not a failure to conform if the failure has its origin in your materials.
  4. We will supply the Services with reasonable skill and care.
    1. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.

Duration, Termination and Suspension

  1. The Contract continues as long as it takes us to perform the Services.
  2. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
    1. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
    2. is subject to any step towards its bankruptcy or liquidation.
  3. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Privacy

  1. Your privacy is critical to us. We respect your privacy and comply with the l Data Protection Act with regard to your personal information.
  2. For the purposes of these Terms and Conditions:
    1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to The Data Protection Act 2018 or GDPR.
    2. ‘GDPR’ means the UK General Data Protection Regulation.
    3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
  3. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
  4. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
    2. we will only Process Personal Data for the purposes identified;
    3. we will respect your rights in relation to your Personal Data; and
    4. we will implement technical and organisational measures to ensure your Personal Data is secure.
  5. For any enquiries or complaints regarding data privacy, you can e-mail: admin@drsfmservices.co.uk

Successors and Our Sub-contractors

  1. Neither party can transfer the benefit of this Contract to someone else without the written consent of the other party, and will remain liable to the other for its obligations under the Contract

Circumstances Beyond the Control of Either Party

  1. In the event of any failure by a party because of something beyond its reasonable control:
    1. the party will advise the other party as soon as reasonably practicable; and
    2. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and the right to cancel.

Excluding Liability

  1. We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to You, your business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales.