By booking/using our Services, you accept our Terms and Conditions as laid out in the below document. All goods and services shall remain the property of Cobrajet until paid for in full. 

1. Application and entire agreement

1.1 These Terms and Conditions apply to the provision of the services detailed in

our quotation (Services) by J. Mitchell t/a Cobrajet 48 Links Road, Weymouth, Dorset DT4 0PE (We or us) to the person buying the services (you).

1.2 You are deemed to have accepted these Terms and Conditions when you

accept our quotation or from the date of any performance of the service (whichever

happens earlier) and these Terms and Conditions and our quotation (the Contract)

are the entire agreements between us.

1.3 You acknowledge that you have not relied on any statement, promise or

representation made or given by or on our behalf. These Conditions apply to the

Contract to the exclusion of any other terms that you try to impose or incorporate, or

which are implied by trade, custom, practice or course of dealing.

2. Interpretation

2.1 A” business day” means any day other than a Saturday, Sunday or Bank holiday

in England and Wales.

2.2 For the purposes of these Terms and Conditions any references made to (We or Us) will be referencing J. Mitchell t/a Cobrajet and (You) references the recipient of the Service.

2.3 The heading in these Terms and Conditions are for convenience only and do not

affect their interpretation.

2.4 Words imparting the singular number shall include the plural and vice-versa.

3. Services

3.1 We warrant that we will use reasonable care and skill in our performance of the

Services which will comply with the quotation, including any specification in all

material respects. We can make any changes to the Services which are necessary

to comply with any applicable law or safety requirement, and we will notify you if this

is necessary.

3.2 We will use our reasonable endeavours to complete the performance of the

Services within the time agreed or as set out in the quotation; however, time shall not

be of the essence in the performance of our obligations.

3.3 All of these Terms and Conditions apply to the supply of any good as well as Services unless we specify otherwise.

4. Your obligations

4.1 You must obtain any permissions, consents, licenses or otherwise that we need

and must give us with access to any and all relevant information, materials,

properties and any other matters which we need to provide the service.

4.2 If you do not comply with clause we can terminate the Service.

4.3 We are not liable for any delay or failure to provide the Services if this is caused

by your failure to comply with the provision of this section (Your obligations).

5. Charges (Fees)

5.1 The charges (Fees) for the Services are set out in the quotation and are on a price and materials basis.

5.2 In addition to the charges (Fees), we can recover from you;

a) reasonable incidental expenses including, but not limited to, travelling expenses,

hotel costs, subsistence and any associated expenses,

b) the cost of services provided by third parties and required by us for the

performance of the Service, and

c) the cost of any materials required for the provision of the service.

5.3 You must pay us for any additional services provided by us that are not specified

in the quotation in accordance with our then current, applicable daily rate in effect at

the time of performance or such other rate as may be agreed between us. 

5.4 The charges (Fees) are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

6. Cancellation and amendment

6.1 We withhold the right to withdraw, cancel or amend a quotation at any time.

6.2 Either we or you can cancel an order for any reason prior to your acceptance (or

rejection) of the quotation.

6.3 If you want to amend any details of the Services you must tell us in writing as

soon as possible. We will use reasonable endeavours to make any required changes

and additional costs will be included in the charges (Fees) and invoiced to you.

6.4 If, due to circumstances beyond our control, including those set out in the clause

below (Circumstances beyond a party’s control), we have to make any changes in

the services or how they are provided, we will notify you immediately. We will use

reasonable endeavours to keep any such charges to a minimum.

7. Payment

7.1 We will invoice you for payment of charges (Fees) either: 

a.) when we have completed the service; or

b.) on the invoice dates set out in the quotation

7.2 You must pay the charges (Fees) due, in full, within 1 day of the invoice.

7.3 Time for payment shall be of the essence of the contract.

7.4 Without limiting any other right or remedy we have for statutory interest, if you

do not pay within the period set out above, we will charge you interest at the rate of

8% per annum above the base lending rate of the Bank of England from time to time

on the amount outstanding until payment is received in full.

7.5 All payments due under these Terms and Conditions must be made in full

without any deductions or withholding except as required by law and neither of us

can assert any credit, set-off or counterclaim against the other in order to justify

withholding payment of any such amount in whole or in part.

7.6 If you do not pay within the period set out above, we can suspend any further

provision of services and cancel any future services which have been ordered by, or

otherwise arranged with, you.

7.7 Receipts for payment will be issued by us only at your request.

7.8 All payments must be made in British pounds unless otherwise agreed in writing

between us.

8. Sub-Contracting and assignment

8.1 We can at any time assign, transfer, change, subcontract or deal in any other

manner with all or any of our rights under Terms and Conditions and can subcontract

or delegate in any manner any or all of our obligations to any third party.

8.2 You must not, without our prior written consent, assign, transfer, charge,

subcontract or deal in any other manner with all or any of your rights or obligations

under these Term and Conditions.

9. Termination

9.1 We can terminate the provision of the services immediately if you:

a.) Commit a material breach of your obligations under these Terms and Conditions; or

b.) Fail to make pay any amount due under the Contract on the due date for payment; or

c.) Are or become or, in our reasonable opinion, are subject of bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or

d.) Enter into a voluntary arrangement under Part 1 of The Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or

e.) Convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver, appointed in respect of your assets or undertakings or any part of them, any document are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para.14 of schedule B1 of The Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

10. Intellectual property

10.1 We reserve all copyright and any other intellectual property rights which may

subsist in any goods supplied in connection with the provision of the Services. We

reserve the right to take any appropriate action to restrain or prevent the

infringement of such intellectual property rights.

10.2 We reserve the right to use photographic content that is gained as part of our services on our media outlets, if you do not wish for photos to be taken and used, please make us aware in writing prior to the agreed commencement of works date.

11. Liability and indemnity

11.1 Our liability under these Terms and Conditions, and in breach of statutory duty,

and in tort or misrepresentation or otherwise, shall be limited as set out in this

clause.

11.2 The total amount of our liability is limited to the total amount of charges (Fees) payable by you under Contract.

11.3 We are not liable (whether caused by our employees, agents or otherwise) in

connection with our provision of the Services or the performance of any of our other

obligations under these Terms and Conditions or the quotation for:

a.) any indirect, special or consequential loss, damage, cost, or expenses or;

b.) any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or

c.) any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or

d.) any losses caused directly or indirectly by any failure or breach in relation to your obligations; or

e.) any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Service.

11.4 You must indemnify us against all damages, costs, claims and expenses

suffered by us arising from any loss or damages to any equipment (including that

belonging to third parties) caused by you or your agents or employees.

11.5 We do not accept liability for damage caused by pre-existing decorative items, or structural defects, or conditions at your property/premises, such as (but not limited to), ill-fitting or damaged; water outlets, doors, facias, guttering, window/conservatory trims/unsecured windows and doors, leaking seals, mortar, render, pointing, pot holes, loose paving or other pre-existing items. 

11.6 Upon arrival should we not be able to access any part of the property/premises/external area needed to complete the works or the external water outlet is inaccessible, we will only clean or complete works in the accessible areas with the resources available. We will be unable to return until a further date is agreed and this may incur extra charges. 

11.7 Achieving optimum cleaning results/building works often requires the use of chemicals and materials that are not pet, plant or child friendly, is it advised that the area is kept clear of pets and children to ensure safety during the execution of any agreed works and Cobrajet will not be held liable.

11.8 The customer must assume the use of cleaning chemicals when agreeing to have external areas being cleaned, although we will endeavour to minimise the use of chemicals, it is often advisable to produce the desired results. Cobrajet will not be held liable to any damage associated with these chemicals to plants, lawns, or other external decorative or structural items. 

11.9 Nothing in these Terms and Conditions shall limit or exclude our liability for

death or personal injury caused by our negligence, or for any fraudulent

misrepresentation, or for any other matters for which it would be unlawful to exclude

or limit liability.

12. Data Protection

12.1 When supplying the Services to the Customer, the Service Provider may gain

access to and/or acquire the ability to transfer, store or process personal data of the

Customer.

12.2 The parties agree that where such processing of personal data takes place, the

Customer shall be the ‘data controller’ and Service Provider shall be the ‘data

processor’ as defined in the General Data Protection Regulation (GDPR) as may be

amended, extended and/or re-enacted from time to time.

12.3 For the avoidance of doubt, ‘Personal Data’, ’Processing’, ’Data Controller’,

‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.

12.4 The Service Provider shall only Process Personal Data to the extent reasonably

required to enable it to supply the Services as mentioned in these Terms and

Conditions or as requested by and agreed with the Customer, shall not retain any

Personal Data longer than necessary for the Processing and refrain from Processing

any Personal Data for its own or for any third party’s purposes.

12.5 The Service Provider shall not disclose Personal Data to any third parties other

than employees, directors, agents, sub-contractors or advisors on a strict “need-to-know” basis and only under the (or more extensive) conditions as set out in these

Terms and Conditions or to the extent required by applicable or/and regulations.

13. Circumstances beyond a party’s control

13.1 Neither of us is liable for any failure or delay in performing our obligations where

such failure or delay results from any cause that is beyond the reasonable control of

that party. Such causes include, but are not limited to: power failure, internet service

provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of

terrorism, acts of war, governmental action or any other event that is beyond the

control of the party in question. If the delay continues for a period of 90 days, either

of us may terminate or cancel the services to be carried out under these Terms and

Conditions.

14. Communications

14.1 All notices under these Terms and Conditions must be in writing and signed by,

or on behalf of the party giving notice (or a duly authorised officer of that party).

14.2 Notices shall be deemed to be duly given:

a.) so when delivered, if delivered by courier or other messenger (including

registered mail) during the normal business hours of the recipient;

b.) when sent, if transmitted by fax or email and a successful return or report is generated;

c.) on the 5th business day following mailing, if mailed by national ordinary mail; or

d.) on the tenth business day following mailing, if mailed by airmail.

14.3 All notices under these Terms and Conditions must be addressed to the most

recent address, email address or fax number notified to the other party.

15. No Waiver

15.1 No delay, act or omission by a party in exercising any right or remedy will be

deemed a waiver of that, or any other, right or remedy nor stop further exercise of

any other right, or remedy.

16. Severance

16.1 If one or more of these terms or conditions is found to be unlawful, invalid or

otherwise unenforceable, that/those provisions will be deemed served from the

remainder of these terms and conditions (Which will remain valid and

enforceable).

17. Law and Jurisdiction

17.1 This agreement shall be governed by and interpreted according to the law of

England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the

English and Welsh courts.