BUSINESS TERMS AND CONDITIONS
Introduction to Services
Oxwash Ltd is a company incorporated in England and Wales with company number 11099853 and its registered office at Oxwash, Unit B1, Stirling Court, South Marston park, Swindon SN3 4TQ (Oxwash). Oxwash provides an award-winning laundry process combining the latest detergent chemistry, renewable energy and operator precision to ensure optimum and market-leading quality for its customers. Our processing teams have refined sustainable treatments in order to achieve market leading cleaning, hygiene and disinfection that ensures a 99.99999% disinfection rating. The Oxwash process management platform guarantees the controlled and sustainable consumption of water, energy and detergents. Oxwash are rapidly driving towards our goal of a zero-emission process.
The following terms and conditions (the Business Terms), govern the use of our Services [by our business customers]. By signing this contract, you agree to accept these Business Terms.
These Business Terms refer to, and supplement, the following additional terms, which also govern your use of the Services:
● our Privacy Policy [https://www.oxwash.com/privacy-policy]; and
● our Cookies Policy [https://www.oxwash.com/cookies].
In the event of any conflict between any of the above documents and these Business Terms, the Business Terms shall prevail.
In addition to the definitions set out in clause 1 below, references to our or us means Oxwash, and references to the Customer, you or your means the entity who has entered into the Contract.
Definitions and Interpretation
The following definitions and rules of interpretation apply in these Business Terms. 1.1 Definitions:
AIPR:any and all Intellectual Property Rights arising from or in relation to the Contract.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Business Terms: these terms and conditions as amended from time to time in accordance with clause 12.5.
Charges: the charges payable by the Customer for the supply of the Services in accordance with these terms.
Commencement Date: the date specified in the Order for the commencement of the Services.
Contract: the contract between Oxwash and the Customer for the supply of Services in accordance with these Business Terms.
Customer: the person or firm who purchases Services from Oxwash.
Customer Default: has the meaning set out in clause 4.2.
Documentation: the leaflets and flyers providing by Oxwash pursuant to these Business Terms outlining the sustainability criteria and zero-emissions clean accreditation of the Services.
Engagement Letter: a letter agreed between Oxwash and the Customer for the provision of the Services incorporating these terms and conditions.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Minimum Term: a period of 3 months from the Commencement Date, or such longer period as may be specified in the Contract.
Order: the Customer's order for Services as set out in the purchase order form supplied by Oxwash and accepted by the Customer.
Pricing List: the agreed client service pricing outlined in the contract
Rental Stock: linen, workwear and other stock owned by Oxwash and made available for rental by Customers pursuant to these terms.
Services: the provision by Oxwash of laundry services, pursuant to orders submitted by the Customer throughout the term of the Contract, including the Documentation, as set out in the Contract.
Interpretation:
(a.) A reference to legislation or a legislative provision is a reference to it as it is in force as at the date of this Contract, and shall include all subordinate legislation made from time to time under that legislation or legislative provision.
(b.) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c.) A reference to writing or written includes email.
(d.) Each of Oxwash and the Customer may (but shall not be obliged) to sign any Order or other documents entered into in connection with these Business Terms by electronic signature (whatever form the electronic signature takes) and this method of signature is conclusive of that party’s intention to be bound by that Order or document (as the case may be) as if signed by that party’s manuscript signature.
2. Order and Pricing List
2.1. When you contact us to obtain Services we will provide you with our standard purchase order form, which will detail the Services which you have requested. The Order constitutes an offer by us to provide the Services in accordance with these Business Terms. The Order shall be deemed to be accepted by you when you sign and return the Order to us (whether electronically or otherwise), at which point and on which date the Contract shall come into existence.
2.2. At the time you accept your Order we will provide you with a copy of your Pricing List. Oxwash reserves the right to amend and update its Pricing List from time to time.
2.3. Any samples, drawings, descriptive matter or advertising issued by Oxwash, and any descriptions or illustrations contained in Oxwash’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
2.4. These Business Terms apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
3. Supply of Services
3.1. Oxwash shall supply the Services to the Customer in accordance with the Order and the General Terms.
3.2. Oxwash reserves the right to amend the Order if necessary, to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and Oxwash shall notify the Customer in any such event.
3.3. Oxwash warrants to the Customer that the Services will be provided using reasonable care and skill.
3.4. Oxwash will be responsible for the payment of all remuneration, benefits, income tax liabilities, national insurance contributions relating to the employees and contractors providing the Services.
4. Customer's obligations
4.1. The Customer shall:
4.1.1. ensure that the terms of the Order are complete and accurate and comply with any additional obligations set out in the Order;
4.1.2. cooperate with Oxwash in all matters relating to the Services and comply with our General Terms; and
4.1.3. provide Oxwash with such information as Oxwash may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects.
4.1.4. Ensure that the collection/delivery area for laundry is clear and free from obstruction and does not represent a hazard to Oxwash staff. Oxwash reserves the right not to collect items that are not appropriately bagged and in a safe location.
4.2. The Customer is responsible for any and all damage caused by any items (included, but not limited to pens, tissues, coins etc) left in the Customer’s laundry that causes damage to the customers other items, the cleaning machines, or any other property of Oxwash or its Customers.
4.3. If Oxwash's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
(a) without limiting or affecting any other right or remedy available to it, Oxwash shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays Oxwash's performance of any of its obligations; and
(b) Oxwash shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Oxwash's failure or delay to perform any of its obligations as set out in this clause 4.2.
5. Charges and payment
5.1. The Customer agrees to pay the Charges for the Services. The Charges shall be calculated based on Oxwash’s Pricing List.
5.2. Oxwash shall invoice the Customer monthly in arrear. The Customer shall, upon request, provide its bank account provider with an executed direct debit mandate, effective from the Commencement Date, authorising Oxwash to debit the Charges from such account on a monthly basis in accordance with this clause 5.
5.3. In the event that Oxwash is unable to debit any Charges payable pursuant to this clause 5 from a client bank account, Oxwash shall be entitled to invoice the Customer for the Charges payable. The Customer shall pay each invoice submitted by Oxwash:
(a) within 15 days of the date of the invoice, unless otherwise agreed in the Engagement Letter; and
(b) in full and in cleared funds to a bank account nominated in writing by Oxwash, and time for payment shall be of the essence of the Contract.
5.4. Oxwash reserves the right to increase the Charges from time to time by issuing an updated Pricing List and shall make a copy of the same available to the Customer.
5.5. All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (VAT). Where any taxable supply for VAT purposes is made under the Contract by Oxwash to the Customer, the Customer shall, on receipt of a valid VAT invoice from Oxwash, pay to Oxwash such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
5.6. If the Customer fails to make a payment due to Oxwash under the Contract by the due date, then, without limiting Oxwash's remedies under clause 10, the Customer shall pay an admin fee to Oxwash of £15. If the Customer fails to make the payment for more than 7 days from the due date, Oxwash reserve the right to suspend services to the Customer. In cases where the overdue payment exceeds 30 days from the due date, Oxwash reserves the right to charge interest on the overdue sum from the due date. Interest under this clause 5.6 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
5.7. All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
5.8. The Customer shall have a period of 14 calendar days from the date of invoice sent to raise any queries or concerns regarding the invoice. Any queries or concerns regarding the invoice must be communicated in writing to invoices@oxwash.com within the aforementioned 14-day query period. Queries or concerns raised after the 14-day query period shall not be considered, and the invoice shall be deemed as accurate and payable in full.
5.8.1. In the case of a disputed invoice, both parties will meet to discuss the reason for the dispute within 7 days of the dispute being raised and aim towards resolution. Should a resolution not be found, clause 12.4(e) of the Standard Business Terms and Conditions applies.
5.8.2. If the Customer has not paid any undisputed invoice by its due date, any undisputed sums will incur the charges set out in clause 5.6 of the standard terms.
5.9. Same Day Service: The Customer may request that Oxwash completes and delivers an Order on the same working day as collection in which case Oxwash reserves the right to charge up to +100% of the invoice line item price of such Order.
5.10. Admin fees: Where an invoice equates to a value of less than £100 in a single month, Oxwash reserves the right to add a £10 admin fee to the final Customer invoice.
6. Intellectual property rights
6.1. All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by Oxwash. Oxwash grants to the Customer a fully paid-up, worldwide, non-exclusive, non-transferable, royalty-free licence during the term of the Contract to use the Intellectual Property rights solely for the purposes of using the Services and the Customer’s internal communications and external marketing.
6.2. The Customer shall not sub-license, assign or otherwise transfer the rights granted in clause 6.1*.*
6.3. Any goodwill derived from the use of the Intellectual Property Rights in the Services by the Customer shall accrue to Oxwash, and Oxwash may, at any time require the Customer to enter into an assignment of such goodwill.
6.4. The Customer acknowledges and agrees that Oxwash owns all Intellectual Property Rights in the Services and the Documentation. Except as expressly stated herein, these Business Terms do not grant the Customer any rights to, under or in, any Intellectual Property Rights, or any other rights or licences in respect of the Services or Documentation.
6.5. Neither Oxwash nor the Customer anticipate the creation of any AIPR as part of the Contract. However, should any AIPR arise out of, or derive from, the Contract, the Customer agrees to assign any rights, title and interest in and to the AIPR to Oxwash.
7. Data protection
The parties shall comply with their data protection obligations as set out in the General Terms and the Privacy Policy, as the same may be amended from time to time.
8. Indemnity
8.1. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each of the Customer and Oxwash agree to indemnify and hold harmless the other party, its respective directors, officers, agents, employees and permitted assigns and successors against any and all claims, losses, damages, liabilities, penalties, expenses and reasonable legal costs arising out of or in connection with any material breach by the indemnifying party of the Contract, provided that:
(a) The other party is given prompt notice of any such claim;
(b) The other party provides reasonable co-operation in the defence and settlement of such claim; and
(c) The other party is given sole authority to defend or settle the claim.
8.2. This clause 8 shall survive termination of the Contract.
9. Limitation of liability:
9.1. Oxwash has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £5,000 per claim. The limits and exclusions in this clause reflect the insurance cover Oxwash has been able to arrange, and the Customer is responsible for making its own arrangements for the insurance of any excess loss.
9.2. References to liability in this clause 9 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
9.3. Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
9.4. Nothing in this clause 9 shall limit the Customer's payment obligations under the Contract.
9.5. Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
9.6. Subject to clause 9.3 (No limitation in respect of deliberate default), and clause 9.5 (Liabilities which cannot legally be limited), Oxwash's total liability to the Customer for all loss or damage, including any loss or damage arising under the indemnity at Clause 8.1, shall be limited to the lower of:
(a) the total Charges paid in connection with the Contract during the 12 months immediately preceding the date on which the claim arose; or
(b) Five thousand pounds (£5,000).
9.7. Subject clause 9.3 (No limitation in respect of deliberate default), clause 9.4 (No limitation of customer's payment obligations) and clause 9.5 (Liabilities which cannot legally be limited), this clause 9.7 sets out the types of loss that are wholly excluded:
(a) loss of profits.
(b) loss of sales or business.
(c) loss of agreements or contracts.
(d) loss of anticipated savings.
(e) loss of use or corruption of software, data or information. (
f) loss of or damage to goodwill; and
(g) indirect or consequential loss.
9.8. Unless the Customer notifies Oxwash that it intends to make a claim in respect of an event within the notice period, Oxwash shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire 1 month from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
9.9. Oxwash are not liable for:
9.9.1. any damage to buttons, zips, plastic poppers and other similar parts that become damaged during the Oxwash process; or
9.9.2. any damage to any garment that required repair before being put through the Oxwash process.
9.10. This clause 9 shall survive termination of the Contract.
10. Term and Termination
10.1. The Contract shall commence on the Commencement Date and shall continue until terminated by each party in accordance with these Business Terms.
102. Without affecting any other right or remedy available to it, either party may terminate the Contract by giving the other party 30 days’ written notice, such notice to expire no earlier than the last day of the Minimum Term.
10.3. Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;
(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction; or
(c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.
10.4. Without affecting any other right or remedy available to it, Oxwash may terminate the Contract with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.
10.5. Without affecting any other right or remedy available to it, Oxwash may suspend the supply of Services under the Contract or any other contract between the Customer and Oxwash if:
(a) the Customer fails to pay any amount due under the Contract on the due date for payment;
(b) the Customer becomes subject to any of the events listed in clause 10.3(c), or Oxwash reasonably believes that the Customer is about to become subject to any of them; and
(c) Oxwash reasonably believes that the Customer is about to become subject to any of the events listed in clause 10.3(b).
11. Consequences of termination
11.1. On termination of the Contract:
(a) the Customer shall immediately pay to Oxwash all of Oxwash's outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, Oxwash shall submit an invoice, which shall be payable by the Customer immediately on receipt;
(b) the Customer shall return all Documentation. Until they have been returned, the Customer shall be solely responsible for their safekeeping and will not use them for any purpose not connected with the Contract.
11.2. Termination of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
11.3. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.
12. General
12.1. Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
12.2. Assignment and other dealings.
12.2.1. Oxwash may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.
12.2.2. The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of Oxwash.
12.2.3. Change of Ownership.
12.2.3.1. In the event that the Customer undergoes a change of ownership during the term of this Agreement (“Change of Ownership”), the Supplier acknowledges and agrees to continue providing the services outlined in the main Agreement to the Customer, subject to the terms and conditions set forth herein.
12.2.3.2. The Customer agrees that in the event of a Change of Ownership, all rights, obligations, and responsibilities under this Agreement shall be automatically transferred to the new business owner or entity (“New Owner”) of the Customer company. Such transfer shall occur without the need for further consent or action by either party.
12.2.3.3. The Customer shall notify the Supplier in writing of any Change of Ownership and provide the Supplier with the contact information of the New Owner at least 60 days prior to the Change of Ownership taking effect, where possible.
12.2.3.4. The Supplier shall have the right to request reasonable documentation to verify the Change of Ownership and the identity of the New Owner.
12.2.3.5. The Supplier shall use its best efforts to ensure the uninterrupted provision of services during and after the Change of Ownership. However, the Supplier shall not be liable for any delays or disruptions caused by the Change of Ownership or the actions of the New Owner.
12.2.3.6. The New Owner shall be bound by all terms, conditions, and obligations set forth in this Agreement, and the Supplier shall have the same rights and remedies against the New Owner as it does against the original Customer.
12.2.3.7. The Change of Ownership and the transfer of this Agreement to the New Owner shall not constitute a release, novation, or discharge of the original Customer’s obligations under this Agreement. The original Customer shall remain liable for any past due payments and other obligations existing prior to the Change of Ownership .
12.3. Confidentiality.
12.3.1. Each party undertakes that it shall not at any time, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 12.3.2.
12.3.2. Each party may disclose the other party's confidential information:
(a) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 12.3; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
(c) Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Contract.
12.4. Entire agreement.
12.4.1. The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
12.4.2. Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
12.4.3. Nothing in this clause shall limit or exclude any liability for fraud.
12.4.4. In the event of any conflict between these terms and an Engagement Letter or Order, the terms of the respective Engagement Letter or order shall prevail.
12.4.5. Any dispute arising out of or in connection with this Contract, including any question regarding its existence, validity, termination, or the quality of our Services, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London. The language to be used in the arbitral proceedings shall be English. The governing law of the Contract shall be the substantive law of England and Wales.
12.5. Variation. Oxwash reserves the right to update any or all of these Business Terms from time to time, and will make any such updates available to its Customers by notifying them of the changes in writing. Use by a Customer of the Services following updates to these Business Terms will constitute acceptance of those updates.
12.6 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
12.7. Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. ****If any provision or part-provision of this Contract is deleted under this clause 12.7 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
12.8. Notices.
12.8.1. Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent by email to the address specified in the Order.
12.8.2. Any notice or communication shall be deemed to have been received:
(a) if delivered by hand, at the time the notice is left at the proper address;
(b) if sent by next working day delivery service, at 9.00 am on the second Business Day after posting; or
(c) if sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume.
12.8.3. In this clause 12.8.2 **business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
12.8.4. This clause 12.8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
12.9. Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
12.10. Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
12.11. Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
12.12. Right to Work. Oxwash performs right to work checks on all employees and team members and is an accredited national living wage employer.
12.13. Marketing.
12.13.1. Oxwash may from time to time wish to take photographs or footage of a Customer using the Services in order to promote the Services. Oxwash shall, where practicable, inform Customer that this is taking place. The Customer consents to being photographed and filmed by Oxwash in connection with the Services, and agrees that Oxwash may use such photography and films, including any performance, voice, or other aspects of Customer’s persona, by Oxwash for any function or reason. In addition, Customer assigns to Oxwash any copyright interest and right of publicity that may arise as a result of such filming or photography. Customers will not be given any additional compensation for Oxwash’s use of photographs or films.
12.13.2. Oxwash reserves the right to anonymously take photographs of items we process for use in promotional marketing materials and communications.
12.13.3. By signing this contract you agree to receive marketing communications from Oxwash from time to time via email. You can opt out of this at any time.
12.14. Collection and Delivery
12.14.1. If the Customer misses a scheduled arranged collection or delivery, Oxwash will rearrange a collection or delivery at the next available time, and the Customer will be required to pay an extra collection/delivery fee.
Terms of Business for Rental Items (applies to Linen Rental Customers only)
13. Supply Agreement
13.1. Oxwash will make Rental Stock available for rental by Customers on the terms of these paragraphs 13- 16 and subject to a contract agreed by the Customer.
13.2. Oxwash reserve the right to include a minimum quantity of Rental Stock and such minimum quantity shall be stated in the contract for the Customer (the Minimum Order).
13.3. Oxwash will maintain Rental Stock in a serviceable condition for use by the Customer.
13.4. In the event an item is lost, damaged or requires replacing the Customer will be charged the replacement cost of such item.
13.5. Certain types of stains arising from the actions of the Customer (including but not limited to dyes, inks etc) that cannot be removed will be treated as damaged items.
13.6. Oxwash reserves the right to:
13.6.1. increase the Charges for Rental Stock from time to time by issuing an updated pricing list to the customer; and
13.6.2. charge the Customer for the Minimum Order in the event a smaller order than the Minimum Order is placed.
13.7. The time of delivery of any Rental Stock ordered by the Customer is when the relevant items are delivered clean to the Customer (or such address as nominated by the Customer to the reasonable satisfaction of the Customer. Any items that are not satisfactory to the Customer on arrival (acting reasonably at all times), shall be returned separately and undergo a rewash.
13.8. The Customer agrees to pay for a pre-wash service from Oxwash before the linen rental contract commences. This prewash will be charged by unit at the prices outlined in the Price List. The prewash is a mandatory part of the process for health and safety reasons.
13.9. Should the Customer wish to terminate the contract at the end of the Minimum Term, they agree to purchase any bespoke or branded rental items purchased as part of this agreement by Oxwash, at a residual value to be calculated at the time the contract is terminated.
13.10. Should the customer require any additional stock items to what is outlined in the contract, an updated contract and price list will be agreed between both parties.
13.11. Should the customer request any changes to the Rental Item Requirements that require new items to be purchased, or any of these items to no longer be needed as part of this contract, then the customer will be liable to reimburse Oxwash for any fees relevant to stocking those items.
14. Limitation of liability
14.1. Oxwash reserves the Right to inspect Rental Stock levels and Rental Stock quality and adjust Rental Stock levels if necessary to remove excess Rental Stock.
14.2. The quantities of items noted are initial stocks that are committed to for the length of the contract period. Stocks cannot be reduced without incurring a stock charge based on the residual value of the items referred to in the proposal.
15. Damaged items
15.1. The condition of items will be inspected during the laundry/cleaning process and any item which is considered to not meet the quality standards as a result of normal wear and tear will be replaced with an equivalent item by Oxwash.
15.2. Any items damaged during the Oxwash process will be repaired or replaced by Oxwash.
15.3. Oxwash considers an item to be damaged if it has a stain or tear caused by the Customer which has a length of greater than 10mm in any direction. In the instance of this kind of damage, Oxwash will replace the item at cost to the Customer as detailed in clause 15.4.
15.4. Articles that are lost, stolen or fail to meet minimum quality standards as a result of abuse, misuse, damage or abnormal wear and tear will be replaced with a new item at cost to the Customer. The Customer will be charged the replacement costs as agreed in the Price List and/or Order, plus the residual value of the individual item for the residual period of the item's life (calculated on a depreciated basis over a 36 month period from the date of first supply to the Customer). In the event that the original item is unavailable to purchase, Oxwash will replace the item with one of like for like quality.
16. Customers obligations
16.1. The Customer must provide “all risks” insurance cover on the articles supplied at the full replacement cost.
16.2. Articles cannot be processed (washed, ironed, finished, altered, repaired etc) by any party other than Oxwash.
16.3. Rental Stock shall be used by the Customer only for their intended purpose and shall be stored securely by the Customer in order to prevent damage from moisture or contamination.
16.4. The Customer must report to Oxwash any discrepancies on delivery notes relating to Rental Stock within 24 hours of the delivery.
16.5. Oxwash reserve the right to carry out, and charge the customer for, one launder of each new item of linen procured by Oxwash for the Customer. This service is charged for in line with the service prices price list.
These terms and conditions were last revised: 20th January 2024