These Terms govern your use of Beyond Linens products and services in your order form. “We”, “our”, “Company” and “Beyond Linens” means Beyond Linens Services Limited in the Order Form and, where applicable, its affiliates; “you”, “your” and “Customer” refers to the Client identified in the order form. Your order form identifies the products and services, the quantities, charges and other details of your order.
Once we receive your order, we will confirm availability (or otherwise) of the requested items for your chosen hire period and dates. The charges detailed on the order will be excluding the deposit and any additional cost that become applicable as detailed in these terms and conditions.
The contract between us is formed once your order has been confirmed (by email), as stated in the paragraph above. If you are hiring on behalf of a business or organization, you must confirm you have the necessary authority to enter into this contract on the business or organizations behalf. And that you will indemnify us against all losses and expenses which may be incurred, if this is not the case.
We reserve the right to decline some or all of your orders, for any reason.
1.1 Assignment. You may not assign or transfer the agreement to anyone else without our prior written consent. We will provide you with written notice if we assign or transfer the agreement as part of our business reorganization, which we may do provided the products or services will not be adversely affected.
1.2 Feedback. Any comments, suggestions, ideas or recommendations you provide related to any of our products or services are our exclusive property.
1.3 Amendment. We may amend this agreement from time to time by giving you at least five days’ written notice.
1.4 Substitution. We endeavour at all times to supply items as specified; however, we reserve the right to substitute an appropriate alternative where necessary. Should this be the case, we will attempt to notify you in advance where possible.
1.5 Enforceability. The agreement is always deemed modified to the minimum extent necessary for it to be enforceable, unless modification fundamentally changes the agreement.
1.6 Waiver. Neither of us waives our rights or remedies by delay or inaction.
1.7 Governing Law. The governing law & jurisdiction of these Terms & Conditions formed between us, for the hire of goods and provision of services, are the laws of England and are subject to the exclusive jurisdiction of the English Courts.
2. RENTAL CHARGES
2.1 Rental Charges quoted are calculated on the cost of materials, labour, transport, duties, levies, currency exchange rates and statutory obligations ruling at the date of quotation. We are also entitled to increase Rental Charges in the event of any error or omission made by us, our employees or agents in their calculation as provided by clauses 2.3 and 2.4 below. We may also charge additional costs, to be agreed between us and You, for the works which are required, as a lack of instruction or due to any inaccuracy of any information or materials provided by You
2.2 Unless otherwise agreed in writing delivery shall mean delivery to the Designated Point at the Site as stated in the Online Portal and/or Order Form at the time the order is placed; all Rental Charges are inclusive of insurance, carriage, any costs of dismantling, loading, unloading and installation. Any additional charges shall be for Your account. All prices quoted are exclusive of VAT
2.3 Rental charges are applicable on booking of rented items
2.4 All rental items delivered as part of a ‘set’ must be returned as a full ‘set’. Any items not returned will be assumed to be held at premises and will be charged as such in the next invoicing period
2.5 There shall be no refund/credit for any unused linen.
2.6 The Rental Charges and all other payments shall be in Pounds Sterling and by direct debit mandate unless otherwise agreed plus VAT.
- OWNERSHIP, CONTROL AND POSSESSION
3.1 The Goods shall always remain the property of Beyond Linens Services Limited
3.2 You are responsible for the Goods in your custody at any time including loss by Fire, Explosion, Theft and other insurable risks and you agree to indemnify us at all times in respect of all claims
3.3 The Customer hereby agrees and covenants as follows:-
3.3.1 not to interfere or permit interference with the Goods or any part thereof or to remove or permit the removal of any identification registration or other identifying marks or numbers on the Goods;
3.3.2 To take reasonable care of the Goods and to use them for the proper purpose as previously agreed with us;
3.3.3 Not to make or cause any modifications, maintenance, repair or adjustments to the Goods without our written consent;
3.3.4 Not to launder or dry-clean or have laundered or dry-cleaned other than by us any Goods nor use any of the Goods other than for the purposes of Your business carried out at the Site unless otherwise agreed;
3.3.5 Not to allow the Goods to become permanently spoiled or defaced and to take every reasonable precaution to prevent the Goods becoming infected or contaminated and to notify us immediately of any accidental infection or contamination.
3.3.6 Not to jeopardize the Goods or permit them to be placed in jeopardy;
3.3.7 To permit us and any person duly authorized by us at all reasonable times to inspect and stock-check the Goods and for that purpose to have access to any vehicles or premises where the Goods may be situated. The results of such inspection and stock-checking by us shall be binding on You.
3.3.8 To keep the Goods at all times during the period of rental in his possession and control and not to remove or to permit the removal of the same from the Site without our consent in writing;
3.3.9 To notify us forthwith of any change of address and, upon our request to notify us of the location of the Goods;
3.3.10 not to sell, assign, let, pledge, mortgage charge encumber part with possession of or otherwise deal with the Goods or any interest therein nor to assign the benefit of the Contract nor to create or to permit the creation of any lien on the Goods.
3.3.11 To keep the Goods free of any distress, execution or other illegal process.
3.3.12 To insure the Goods immediately and to keep the same insurance during the currency of the Contract to their full replacement value with a reputable insurance company against loss or damage by accident fire and theft and such other risks, if any, against which it is usual to insure the Goods or against which we reasonably require insurance.
3.3.13 To notify us immediately of any loss of, or material damage to, the Goods.
3.3.14 to pay punctually all taxes rates charges assessments and other outgoings payable in respect of the Goods or the use thereof and in the event of You making default under this sub-clause, we may make all or any such payments and recover the amount thereof from You on demand;
3.3.15 to permit us or any duly authorized person to have access to and/or to remove the Goods or any part thereof.
3.3.16 Rental Items must not to be kept in possession for longer than the specified days on the order form and must be returned for laundering.
3.4 We shall have the right to dismantle the Goods or detach the Goods from any items in which they may have been incorporated without prejudice to any of our other remedies.
3.5 The Customer shall indemnify us against all costs and liabilities which we incur in retaking possession of the Goods (or any part thereof) or in exercising any of our rights under this Clause 3 including without limitation any liability in respect of any damage caused to premises in such retaking of possession and removal of Goods which it was not reasonably practicable to avoid.
3.6 The Customer is responsible for any violation of law or regulation, or violation of our or any third party rights related to (i) your combination of our products, services or other property with any materials; (ii) your modification of any of our goods; (iii) your failure to commit to updates we have provided to you; or (v) your breach of the agreement. You are also responsible for claims brought by third parties receiving the benefit of our products and services through you. You must reimburse us if we suffer losses in the circumstances set out in this clause.
3.7 The Customer shall be entitled to submit to us for laundering and repair each week or at other intervals agreed in writing a number of Goods which will not exceed the number of days specified in the Order Form. Any additional articles sent in for launder and/or repair will be charged at the agreed rate.
3.8 The Customer must be satisfied upon receipt the Goods and Rental Items under this Contract are fit for the purpose for which they are required and will remain serviceable and satisfactory for commercial laundering for their Wash life (unless stated otherwise in the Order Form).
- SUBSEQUENT VARIATION OR CANCELLATION
4.1 In the event that a term is, with our approval, varied as a result of Your request, we are at liberty to vary the Rental Charges to take account of any changes to the Works or cost to ourselves as appropriate.
4.2 Notice of cancellations must be received (and acknowledged by us) by email to: email@example.com
The following charges shall apply for cancellations received:
Less than 2 days prior to the hire period – 100% of hire charge
4.3 Change of Site: In the event of You wishing to alter the Designated Point or Site to an alternative location and we are willing to provide the goods to that alternative Designated Point or Site then this Contract shall continue in effect by amendment accordingly. If we are unwilling to provide the Goods or Services to the alternative Designated Point or Site then this Contract may be terminated by us.
- TERMS OF PAYMENT
5.1 Payment of Rental Charges is due (without deduction or set-off other than agreed discount or retention) as set out below, notwithstanding that commencement or supply of the Works may not have taken place. Receipts for payment will only be issued upon request.
5.2 Unless otherwise expressly agreed with You, payment for the goods and services shall be made net (no settlement discount being allowed) by automatic payment set up. Upon placing your order your nominated credit or debit card will be charged within five days. A receipt in the form of an email will be provided for each order should you request this.
5.3 If full payment of the sums due, are not received by the payment due date (without limiting any other rights we may have), we shall have the right within our option to:
5.3.1 charge interest (both before and after judgement) from the date by which payment should have been made until the outstanding amount is paid in full on the unpaid amount on a daily basis at the Late Payment of Commercial Debts rate from time to time in force unless otherwise specified; and
5.3.2 Suspend any further Works under the particular Contract or any other contract or accepted order until payment is made in full; and
5.3.3 Cancel the particular Contract in relation to such further Works and any other contract with You or accepted order; and
5.3.4 Appropriate any payment made by You to such of the Works (or any other Contract between You and us) as we think fit (notwithstanding any purported appropriation by You); and
5.4 No deduction shall be made by You in respect of any set-off or counter-claim howsoever arising, and no time or indulgence granted by us to You shall prejudice any right or remedy which we may have in any manner whatsoever.
5.5 We may invoice You for the balance of the Rental Charge on or at any time after commencement or delivery of the Works unless You wrongfully fail to take delivery or permit commencement of the Works, in which event we may invoice You and charge your nominated card for the balance of the Rental Charge any time after we have tendered delivery or commencement of the Works
5.6 Without prejudice to any other rights we may have, we are entitled to set off any sums due from us to You against any sums due to us from You.
5.7 Invoices must be paid within the agreed due date specified within the Payment Terms on the Order Form.
5.8 Unpaid invoices will incur a late payment fee of £25 for every five working days the invoice remains outstanding subject to statutory charges that may apply to you. Preferred method of payment is stated within your Order Form.
- DELIVERY & ACCESSIBILITY
6.1 Any dates and times quoted for delivery or commencement of the Works are approximate only and we shall not be liable for any delay in delivery or commencement however caused. Time for delivery or commencement shall not be of the essence unless previously agreed by us in writing. We may deliver or commence the Works in advance of the quoted date upon giving reasonable notice to You.
6.2 Where the Works are to be delivered or carried out in instalments, each delivery shall constitute a separate Contract and failure by us to deliver any one or more of the instalments in accordance with these Conditions or any claim by You in respect of any one or more instalments shall not entitle You to treat the Contract as void. If You fail to take delivery or commencement of the Works within the time agreed or fails to give us adequate instructions for delivery or commencement in sufficient time for delivery/commencement (otherwise then due to any cause beyond Your reasonable control or our fault) then, without prejudice to any other remedy available to us, we may store Goods until actual delivery without liability at the cost and risk of You and charge You for the reasonable cost (including insurance) of storage or sell the Goods at the best price readily available and (after deducting all reasonable storage and selling expenses) account to You for the excess over the Rental Charge under the Contract or charge You for any shortfall below the Rental Charge under the Contract. We reserve our right to seek compensation or any other remedy for other costs incurred in consequence of any such delay or failure.
6.3 It is your responsibility to ensure we have accurate information to be able to carry out each delivery as planned. Should we not be able to carry out the delivery or fail to deliver because we could not gain access to the address stated, you will be charged the minimum order value as stated in Your Order Form.
6.4 Where delivery or provision of the Works is made by us or our agents You will provide at its cost full safe and proper means of access to the Site and the Designated Point for us and our agents and if appropriate any vehicles used by us or our agents and carriers and shall provide adequate free working space and such other facilities as may be necessary for the fulfilment of the Contract. If You fail to provide suitable means or facilities we shall be entitled to charge You for any additional costs and time thereby incurred or spent by us.
6.5 Unless we are notified to the contrary by email on no later than the Cut Off Point from the time of delivery and such notification is confirmed within 24 hours thereafter the Works shall be deemed to have been accepted by You as being in accordance with the Contract. Upon receipt of such notification, we shall take all reasonable steps to rectify the discrepancy or complaint speedily. You shall not be entitled to withhold payment of all or any of the Rental Charges while any claim is being investigated by us.
6.6 When an Event such as a Public Holiday, street closures, demonstrations or any other event which falls outside of Beyond Linens’s control coincides with the normal day of delivery we will be under no obligation to provide the Works to You on that day or for that week but we will use our reasonable endeavours to arrange or re-arrange deliveries in the weeks before and after the Event in an effort to provide continuous service to You.
6.7 Rental Charges will not be suspended during closure or inaccessibility of the Designated Point or Site or Your business due to holidays or any other Event
6.8 Risk of damage to or loss of the Goods shall pass to You at the time of delivery or if You wrongfully fail to take delivery of the Goods at the time when we have tendered delivery of the Goods.
Delays or changes to deliveries
6.8 Beyond Linens will not be responsible for any loss of earnings to you, or poor ratings made about you, should your delivery be late or not delivered due to elements outside of our control.
6.9 The Client is responsible for ensuring there is adequate access or the appropriate personnel at the property to receive the linen from our driver.
6.10 Should there be noone at the delivery address; all items will be left outside in a location as confirmed by the Client in writing within the relevant online portal.
6.11 Any loss or damage to such items left outside are the complete responsibility of the Client.
Changes to your Order
6.12 Changes to an Order made at any time before the Cut Off set out in this Agreement will be accepted at no extra cost.
6.13 Changes to an Order which are requested after the Cut Off time will incur a £2.50 + VAT charge per bed pack or chair cover set ordered.
6.14 Full refunds will be provided on items which have been delivered and are reported Damaged if such items are reported within the Reporting Time frame of within 1 (one) hour of receipt of goods and services.
6.15 If items are replaced within 4 (four) hours of being reported, there will be no charge for replacement items and there will be no refund for items damaged.
7.1 (a) Client Obligations. If you order services, you must provide reasonable access to your sites, and ensure the health and safety of our personnel on your premises and full cooperation from your qualified and experienced personnel as reasonably required.
You must (i) provide detailed, accurate and sufficiently complete information, specifications and instructions; (ii) ensure you are permitted to allow us to access the Site for such services; and (iii) perform any additional obligations specified in your Order Form. We will not be liable under the agreement to the extent our failure is caused by you not performing your obligations on time. If reasonably requested, you must make authorized personnel available to agree on the impact of any failure or delay by you, and you must not unreasonably withhold or delay your consent to any significant changes to the agreement.
(b) Changes. Either of us may make written (including email) requests to change any aspect of the services, provided that no change will take effect unless you have received written confirmation from Beyond Linens. You must reasonably assist us in assessing your change requests and, if we agree in principle, we will without undue delay confirm the change in writing via your Online account Portal detailing the scope and impact of the change.
(c) Acquired Knowledge. We may develop future materials and we may freely use our general knowledge, skills and experience, and any ideas, concepts, processes, know-how and techniques developed by us while performing the services, provided we do not use your confidential or other proprietary information.
(d) Site Rules. We will take reasonable steps to ensure that while on your Site our personnel comply with reasonable security, health and safety and confidentiality requirements that are given to us in advance.
- FORCE MAJEURE
8.1 Each of us performs the agreement subject to interruption and delay due to causes that cannot be reasonably controlled by us, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labour dispute, inability to obtain necessary supplies, and the like. This does not affect your payment terms and our ability to charge your nominated card for services already carried out.
- GUARANTIES AND LIABILITY
9.1 We warrant to You that, The Services will be provided using reasonable care and skill and as far as reasonably possible, for the Term specified in your Order Form.
9.2 The Goods to be supplied on hire by us will be of satisfactory quality for normal commercial use and laundry (if applicable). Where we supply any goods supplied by a third party, we do not give any warranty, guarantee or other terms as to their quality, fitness for purpose or otherwise.
9.3 Losses of or damage to the Goods other than fair wear and tear occurring whilst in Your custody will be made good by us at Your expense. Without limitation we accept no liability for inconvenience or financial loss sustained by You as a result of unavoidable delays in replacing or repairing such lost or damaged Goods and further reserve the right to replace such lost or damaged Goods with Replacement Goods. The charge to You for Replacement Goods provided under this clause shall be the full current new price of articles. Full replacement costs can be found in your agreement. We shall have no liability to You or any third party for any loss, damage, costs expenses or other claims for compensation arising from any Customer Material or instructions supplied by You which are incomplete, incorrect, inaccurate. Illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of You.
9.4 If at all and subject to the validity of clause 9.3 above the entire liability of Beyond Linens (and of any of Beyond Linens’s third party providers) for all claims arising out of or in connection with the agreement, including for negligence, will not exceed the amount of any actual direct damages up to the amounts payable in the prior 1 month for the product or service that is the subject of the claim.
9.5 Our liability in respect of any Goods not manufactured by us, but supplied by us shall be to give You the benefit of any manufacturer’s guarantee or other rights (if any) which are available to us against the manufacturer or other supplier of such Goods.
9.6 We are not liable under this guarantee (or any other condition or guarantee) if the total Rental Charges due under the Contract have not been paid by the due date for payment.
9.8 Claims must be brought within one month of them arising.
9.9 We will not be responsible if our product or service fails to perform because of (i) Your actions or inaction (other than proper use of the product or service), such as failing to follow instructions or adhering to the minimum recommended requirements; (ii) changes You make that would affect us to perform our service or provide our products; (iv) your failure to implement and maintain proper and adequate security, health and safety for any or all sites; (v) your failure to amend any issues as a result of our feedback we have provided to you; or (vi) other causes not attributable to us. If we learn that our product or service failed because of one of these, we reserve the right to charge You for our work in investigating the failure at our then, current applicable rates.
- YOUR RESPONSIBILITY
10.1 It is your responsibility to ensure the correct size and quantity of items are ordered (all items supplied shall be as the confirmed hire order).
10.2 During the hire period (from time of acceptance of hired goods up to return and acceptance of goods back to us) the Hirer shall be solely responsible for the hired goods (including risk) and shall at all times be responsible for insuring the goods.
10.3 You will make all reasonable efforts to ensure that the hired goods are not damaged or abused during the hire period and that all goods are used only for their intended purpose.
10.4 You shall not sell or attempt to sell or otherwise dispose of the hired goods.
10.5 In order to reduce any additional charges you may become liable for you shall ensure linen is fully dry and that any food, table decorations, party streamers etc. are shaken from the cloths before packing them as these can all cause permanent stain damage and result in replacement charges being applied.
10.6 You shall also ensure that linen is not placed on or dragged across earthen ground, walked upon, and that candles are not placed directly on table linen as any tears, pulls, burns, candle wax damage, defacement etc. will result in replacement charges being applied.
10.7 A cleanup fee of £10.00 shall be applied for any linen returned containing any debris, i.e food, confetti, paper, streamers etc.
10.8 All linen shall be returned in the transit bags as supplied.
10.9 You agree to pay the full replacement value of any items (including transit bags) missing or damaged during the hire period. A full replacement tariff is available upon request. Inspection of damaged goods can be made up to fourteen days from notification by us, after which time the goods will be disposed of. Any charge for returning such items will be at the Hirer’s expense.