Terms of Business (Linen Hire) | Kirkham Hotel Linen

Linen Hire Terms of Business

Terms and conditions

For the purpose of these terms of business, the Company shall include Kirkham Group Ltd or any holding or subsidiary company, their successors in title or any party to which this Agreement may be assigned. The Hirer shall include the original named Hirer or individual, partnership, company, or any other organisation permitted by this Agreement. This Agreement cannot be assigned or transferred by the Hirer to any third party without written consent from the Company.

1] CONDITIONS APPLICABLE
These terms and conditions (“Terms”) shall apply to all requests for hire of linen by the Company to the Hirer to the exclusion of all other terms and conditions including any terms or conditions which the Hirer may purport to apply under any order, confirmation of order or similar document. The Hirer acknowledges they have not relied on any statement, promise, representation or warranty made or given by the Company which is not set out in this Agreement.
All orders for rental of goods shall be deemed to be an offer by the Hirer to hire goods pursuant to these Terms.
Placing of orders and acceptance of delivery of goods shall be deemed conclusive evidence of the Hirer’s acceptance of these Terms.
Any variation to these Terms (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by a Director of the Company.

2] GENERAL
The Company will supply and own all the stock and dispensing equipment required to operate the rental services requested. The Company undertakes to maintain, collect and deliver rented items regularly, as specified in section 8, so far as is reasonably and economically possible. It will always endeavour to meet requests from the Hirer for additional rental stock items, provided reasonable notice is given and stock items are available. The Company reserves the right to charge premium prices for non-stock items on the understanding that the Hirer is made aware of such charges prior to delivery.
It is the customers responsibility to insure our hired property against damage or loss when at their premises, any damaged or lost items will be charged at the current cost of replacement at the time of notification. We may change the details of these terms at any point with 30 days notice. We have two options for linen hire, either order only where you order what linen you need when you need it, or restock, where we send you back what you have sent in.

3] RENTAL CHARGES
Charges to the Hirer for the services provided are as set out in the price list and subject to change from time to time, 7 days notice will be given for price changes. They are exclusive of VAT, which will be added in accordance with prevailing legislation. Each individual item is being hired for 14 days or until it’s returned to the laundry whichever is sooner, should the item not be returned within the 14 days, the hire charge is repeated every 14 days until until the item is returned to the laundry. A proper rotation of linen is the easiest way to avoid unnecessary costs. Any item not returned within 90 days will be declared lost and be charged at the replacement price in force at the time.

4] LENGTH OF AGREEMENT
This Agreement shall commence on the date of the Hirer’s first order and continue until the service is stopped and all rental property returned any items not returned will be invoiced for at the replacement charge in force at the time.

4] INVOICING AND PAYMENT
All rental services will be invoiced Weekly. Payment terms are 30 days payment must be received by the due date, late payments will incur a late payment default fee of £25 per invoice. Payment methods accepted are BACS/Internet payment or Direct Debit.

No credit will be given to linen returned whether used or not.
All stock may be removed by the Company at any point, with 24 hours notice for failure to pay invoices on time, any stock lost, damaged, abused or not returned will be charged for as replacements at the current replacement costs at the time.
Rejects: any rejects must be sent back to us unused and clearly labelled, it is at the companies discretion whether or not it meets our rejects policy. A credit will be applied to your account for any rejects. Rejects must be sent in a separate clearly labelled bag with the company name and the word “rejects” on.

The Hirer will pay all legal and collection costs incurred in connection with the recovery of overdue accounts or other breach of this Agreement by the Hirer.

5] LOST OR DAMAGED ITEMS
All Items lost or damaged other than through fair wear and tear will be charged to the Hirer, at the price published in the Company’s replacements price list in force at the date of the discovery by the Company of such loss or damage, any item not returned at the end of the agreement, or after 90 days will be declared lost. Decisions on fair wear and tear are at the Company’s discretion. The Hirer shall permit any person authorised by the Company access to the Hirer’s premises at any reasonable time upon 48 hours’ notice being given to check the Items
Items, put “Stuffed” inside duvet covers or pillowcases will incur a damage charge of the cost of the items being stuffed.

6] HIRER’S OBLIGATIONS
The Hirer agrees:
That all rented stock belongs to the Company, and only the Company or its nominated contractor shall clean, process or alter such stock. Additionally, only stock provided by the Company can be used in its dispensing equipment.
The Company representatives/agents may at any time inspect and check its stock. Only authorised Company personnel may remove stock from Hirer’s premises.
To take responsibility for distribution, collection and control of all Company’s stock within its premises, unless a written alternative servicing arrangement exists. To pay the Company the replacement cost for any Company stock that is lost, damaged or abused whilst in the custody of the Hirer or its authorised personnel. To ensure that no dangerous implements are left in Company containers or items. The Hirer will be responsible for any costs or personal injury incurred by the Company or its employees due to items being left in Company property.

Any “Non linen hire” customer own goods items returned with linen hire will be removed and disposed, Kirkham Group Ltd will not take liability for any customer own goods lost or disposed of, due to being sent in with our linen hire items.

7] COMPANIES OBLIGATIONS
The Company undertakes to carry out the services as detailed in this Agreement. Any serious complaint should be confirmed in writing within 48 hours. Upon receipt of such a complaint the Company will take all steps it reasonably considers necessary to rectify the matter.

8] DELIVERIES AND REJECTS
All discrepancies in deliveries must be notified in writing by email to the Company within 48 hours of the delivery actually taking place. Where unusable items (“Rejects”) are included in deliveries, the Company will credit these items once they are retuned and checked, unless the item has been used, conditional upon the Rejects agreeing to the Company’s Reject specification (“Accepted Rejects”). Such items should be reported to the Company immediately and must be unused and separately bagged when returned to the Company. The quantity of Rejects should not be considered unreasonable unless the Accepted Reject rate exceeds 12% for 3 consecutive months. We may increase or decrease the number, or days or number of collections and deliveries per week should it be need of the business, one months notice of changes will be given. We will collect and deliver on the agreed days, failed collections and deliveries are subject to a £20+vat failed collection fee this is where we delivery on the normal delivery days but there is no one present to accept the delivery or collection. Same day/next day deliveries or collections maybe made for an extra charge of £25+VAT and subject to availability. We process all items through our standard wash process, any items that are stained and cannot be treated and cleaned will be classed as damaged and invoiced for new replacement items.

We only collect dirty linen when we deliver clean linen, should you need a collection of dirty without a delivery please call us on 0800 3686363 to request it.

11] TERMINATION
The Company may terminate this Agreement with immediate effect by giving written notice to the Hirer if:

The Hirer commits a material breach of its obligations under this Agreement and fails to remedy that breach within 7 days of receiving notice in writing to do so; The Hirer ceases, or threatens to cease, to carry on business, compounds or makes any arrangement with its creditors or becomes insolvent or is unable to pay its debts or if any order is made or resolution is passed for its liquidation, winding-up, or dissolution or if a receiver or manager or administrative receiver or administrator or supervisor is appointed over any of its assets or if anything analogous to or having a substantially similar effect to any such events shall occur;

The Hirer fails to pay any amount due on the due date for payment.

9] CONSEQUENCES OF TERMINATION
Should the service be terminated for any reason whatsoever at any time the Hirer will:

Return all Items immediately.
Pay to the Company all outstanding charges without delay
Pay all legal and collection costs incurred in connection with the recovery of sums due under this clause.

If the Hirer fails to return the Items, then the Company will charge for lost items in line with the lost items price list.

Without limiting its other rights or remedies the Company may suspend the supply of the services if any of the events set out in the clause above.

10] SAFETY
Attention is drawn to the Health and Safety at Work Act 1974. The Hirer shall advise the Company in writing of any toxic or dangerous substances that may be present on any Item returned to the Company for processing. The Company reserves the right to refuse to process the Items on receipt of such notice, in which case the terms of Clause 7 above shall apply. The Company undertakes to ensure that all installations of dispensers are as safe as is practicable but cannot accept any responsibility should the Hirer re- site any dispenser. The Company and its employees will not be responsible or held liable for any damages for any injury to any user of Company hired property. The choice of item and equipment and responsibility for health and safety lay with the Hirer.

The responsibility for the cost of premature replacements due to excessive wear and tear lies with the Hirer all items are RFID tracked and have a minimum use of 200 washes.

11] WARRANTIES AND LIABILITES
All warranties and conditions whether implied by statute or otherwise are excluded from this contract provided that nothing in this contract shall restrict or exclude liability for death or personal injury caused by the negligence of the Company or affect the statutory rights of the Hirer dealing as consumer or a business as appropriate.

The Company will endeavour to maintain a regular service at all times, but in the event of failure to do so, its liability (whether in contract, tort, breach of statutory duty or otherwise) shall be limited to the proportionate Hire Charges for the specific period during which failure has occurred and it will in no way be responsible for any loss or damage suffered by the Hirer in excess of this amount. The Company shall be under no liability whatsoever to the Hirer for indirect loss and/or expense (including loss of profit) suffered by the Hirer arising out of a breach by the Company of this contract.

12] COMPLAINTS
All discrepancies on deliveries, including installation, must be notified to the Company within two days of the delivery taking place. All invoice queries will only be accepted within seven working days of the invoice date. Complaints should initially be notified either by calling the Company’s service helpdesk on 0800 368 6361 or by emailing accounts@kirkhamgroup.uk If a satisfactory response is not received within 7 working days then the complaint should be followed in writing to the Company’s Managing Director.

13] Linen Orders
We offer either “order only” or “restock”. Order only is where the customer will place every order for linen that is required. Restock is where we return the same quantity of items that was returned to us.
All items sent out and collected are scanned in and out of the laundry, this will be the means of counting, no manual counting by customers will be accepted, this applies to linen checked out of the laundry and checked back in.

14] Special Deliveries

Any urgent delivery for same day or next day (Subject to the availability of drivers), will be charged at £25+ VAT, unless the urgent order or delivery is due to a failure by the Company to provide delivery on the Hirer’s usual delivery day, under which circumstances the delivery will be made without further charge. Where the Company has failed to deliver due to failure on the Hirer’s part, which includes but is not limited to: the Hirer being closed on the usual delivery day, the Hirer being on credit hold on or immediately before the usual delivery date; the Urgent Delivery Charge will apply.

15] SHORTAGES ON DELIVERIES
Any Shortages for orders will be sent out on the next delivery and will be notified on the customer app these items will not be sent as a “special delivery”

16] JURISDICTION
This Agreement shall be construed and governed in all respects in accordance with the law of England and Wales and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.