TERMS & CONDITIONS

WEBSITE- Terms and Conditions

Last updated: August 18, 2022

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
refers to: United Kingdom
(referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Racsel Building Services Ltd, Tern house, Upper West Street, Reigate, Surrey, RH2 9HX.
means any device that can access the Service such as a computer, a cellphone or a digital tablet.
refers to the Website.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the TermsFeed Terms and Conditions Generator.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

refers to Racsel , accessible from www.racsel.co.uk
means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

If you have any questions about these Terms and Conditions, You can contact us:

By email: mail@racsel.co.uk

By visiting this page on our website: www.racsel.co.uk/contact

By phone number: 02083915545

RACSEL Building Services Ltd - Trading Terms and Conditions

(1) For the purpose of these terms (a) “The company” shall mean Racsel Building Services LTD (b) “The Client” shall mean the person or entity seeking the goods and/or services who the company agrees to carry out works and/ or supply materials. (c) The operative or engineer shall mean the representative person(s) appointed by the company.

(2) Right to Refuse. The company reserves the right to refuse or decline work at its own discretion.

(3) The company may at any time, subcontract, or deal in any other manner with all or any of our rights under these conditions and may subcontract or delegate in any manner any or all of our obligations under any contract to which these conditions apply, to any third party or agent but we shall remain responsible for the contractual acts and defaults of our subcontractors. Each individual subcontractor takes full responsibility for their own third-party liability. Sub-Contractors facilitated by Racsel are responsible for ensuring they are aware of the Quality Policy & relevant objectives set out by Racsel

(4) All client information is retained in accordance with the Data Protection Act 2018 and all personal and other client details remain confidential.

(5) Quotation and Formation of contract: A quotation issued by the company is a proposal to the client to place an order to carry out the works specified at the price specified, that invitation will only remain open for sixty days from the date of the quotation. A legally binding contract shall only be formed once the company issue our acknowledgement of order or if sooner when the company start work on the client’s order. The quotation (if any), the clients order and the company’s acceptance constitute the entire agreement between the parties. The client acknowledge that you have not relied on any other statement, promise, representation, assurance, or warranty made or given by us the company or on our behalf. These conditions may not be modified or varied unless we agree in writing and we shall not be deemed to accept any other conditions nor waive any of these conditions by failing to object to provisions contained in any order or other communication from you. No person has authority on behalf of us to vary any condition except one of our directors, and then only in writing signed by such a director.

(6) In the event of unforeseen difficulties arising, or any other circumstantial changes, the quotation price may be revised to reflect the situation at hand before or after commencement of work. Extras will only be undertaken further to both discussions with the client, and, verbal or written agreement, and charged at the agreed rate prior to further works being carried out. Variations

(7) Variations: Once the company have accepted your order, the specification of the works may only be changed in the following manner. If the client requests any change to the specification or the works or we consider that additional works are necessary to continue the works, the company will issue a revised quotation/estimate for those additional works, but we shall not be obliged to start work on them until that further quotation/estimate has been accepted and we have accepted as a variation of your order.

(8) Working Arrangements: All prices quoted are calculated on the basis of free access and unimpeded working during our normal working hours (8.30-5.30pm Monday- Friday) Both the company and client agree to practical arrangements on working methods and provide minimal disruption to the client and allow work to be carried out efficiently. Free access is required for delivery of materials, plant, machinery and skips and the client agrees to help provide suitable facilities for the safe storage of materials on the site.

(9) Protection of existing surfaces (floors, carpets, doors, furniture etc) The company endeavour to protect existing surfaces with care in our working practice, responsibility for the protection from damage of any existing surface or fabrics is the responsibility of the client.

(10) Contract Duration: The company shall use reasonable endeavours to meet any performance dates specified in the quotation but otherwise to complete the works in a reasonable time. The ‘contract duration’ is to be used as a guide only and will not affect the agreed contract price i.e., if the contract takes longer than expected no extra charges will be levied unless previously agreed and conversely if good progress is made and a contract takes less time to complete than expected, the client should not expect to receive a discount. The company shall not, in any circumstances, be responsible for any damage (whether liquidated damages or otherwise) that you may suffer under any other contract even if this is caused by our delay. Delays among other things could be caused by weather, manufacturer and sub-contractor lead times, slow decision making by the client or the clients representative.

(11) Guarantees: Guarantees on materials run in accordance with the manufacturer’s warranty periods were applicable. The company guarantee covers all new work and new materials used but does not guarantee the integrity of any existing structures, systems, pipework, or materials. In the event of a failure beyond the guarantee period the company will be happy to investigate the cause and negotiate a solution to the problem without delay (if it is found the company is solely responsible for the failure) and carry out agreed repairs as soon as possible. Charges may apply for remedial works carried out beyond the guaranteed dates or to items not covered by guarantee.

Liability under law: The company shall only be liable to rectify any works completed by the company and the company shall not be held responsible for ensuring damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at the time. The company and the client shall be governed and construed in accordance with the English law and shall be subject to the exclusive jurisdiction of the English law.

(12) Cancellation: Once accepted, the clients order may not be cancelled without the company’s prior agreement in writing and on terms that you will indemnify us in full against all loss (including loss of profit) costs (including costs of labour and materials used) damages charges and expenses incurred by us in relation to the work and its cancellation.

(13) Dissatisfaction: In the event of any dissatisfaction from the client with any work executed, such dissatisfaction should be notified in writing within one week of receipt of our invoice regarding the works in question, failure so to notify we shall be deemed to indicate satisfaction on the part of you with the work carried out.

(14) Payment: Bespoke or high value materials may require pre-payment from the client, otherwise interim payment or final payment on completion terms will be agreed prior to work starting between the company and the client. All works and materials provided by the main contractor ‘the company’ and their sub-contractors remain the property of Racsel Building Services Ltd until full and final payment is received from the client and has cleared. Surplus materials and off cuts remain the property of the company or our subcontractors or suppliers. After final payment, the client takes ownership of the; materials used to carry out the works only.

(15) Value Added Tax: Where chargeable, value-added tax will be charged at the rate applicable during the period over when the work is carried out.

(16) Insurance: Public Liability and Employers Liability: Public Liability is provided up to the sum of £5,000,000 And Employer’s Liability up to the sum of £10,000,000 By Aston Lark Insurance Brokers

(17) Breach of Contract Bankruptcy or insolvency: In the event of the client committing any breach of the contract with the company or if any distress or execution is levered upon the goods of you or if you offer to make any arrangement with or for the benefit of your creditors or commit any act of bankruptcy or being a limited Company has a receiver of your undertaking or assets or any part thereof appointed or, other than for the purposes of a reconstruction or amalgamation without insolvency, has a liquidator or administrator appointed, we shall thereupon be entitled without prejudice to our other rights, forthwith to suspend all further work and deliveries until any breach of contract has been remedied or to terminate the contract or any unfulfilled part thereof, or at our option to make partial deliveries.

(18) These terms and conditions may not be released, discharges, supplemented, interpreted, varied, or modified in any manner except by an instrument in writing signed by a duly authorised representative of the company and by the client. Further, these terms and conditions shall prevail over terms and conditions used by the client or contained or set out or referred to in any documentation sent by the client to the company; by entering into a contract with the company the client agrees irrevocably to waive the application of such terms and conditions.

Racsel Building Services Ltd reserves the right to terminate an agreed contract if the client is in breach of these terms and conditions.