“Customer” means the person, firm or company named in the Service Agreement.
“Goods” means the goods which North East Gritters is to supply to the Customer.
“Operative(s)” means any individual(s) engaged by North East Gritters to perform the Services in accordance with the Contract.
“Order" means the Customer’s order for Services and/or Goods as set out in the in the Customer’s purchase order form, or the Customer’s written acceptance of the Quotation, as the case may be.
“Service Agreement” means the service agreement issued by North East Gritters to the Customer confirming acceptance of the Order.
“Service Day" means a day on which the Services are to be performed in accordance with the Contract, which is a day when it is forecast by the MetDesk in their morning forecast(s) that temperatures will be below 0°C within the next 24 hours.
“Services" means the gritting and snow ploughing works and services (including any instalment or parts of them) which North East Gritters is to supply to the Customer under the Contract.
“Site(s)” means the site(s) described in the Service Agreement where North East Gritters will perform the Services.
“Site Visit” means a visit to the Site(s) by the Operative(s) to carry out the Services on a Service Day.
“Quotation” means any tender or quotation in writing issued by North East Gritters to the Customer for the supply of Services and/or Goods, including these conditions and any drawings or other documents included by North East Gritters with the Quotation.
These Terms and Conditions form a legally binding agreement between North East Gritters ("We", "Us", "Our") and the Customer ("You", "Your"). By engaging our services, you agree to comply with the terms set out below.
We provide the following services:
2.1 Service Days & Notifications
A site visit will only occur on the agreed Service Days within the agreed Quotation. On each Service Day during the contract term, North East Gritters will contact the Customer by noon to notify that a site visit is planned, either by email or phone. North East Gritters determines a Service Day based on MetDesk weather forecasts. We are not responsible for inaccurate forecasts and are not liable if unnecessary services are performed (when temperatures are 1°C or higher) or services are not provided when needed (temperatures below 1°C).
2.2 Cancelling Services
The Customer may cancel gritting services up to 4:00 PM each day. If a service is cancelled, North East Gritters will not be held liable. Cancellations must be made in writing via email. If a cancellation request is received after 4:00 PM, the service will still be delivered as planned.
2.3 Service Activation Based on Forecast
North East Gritters monitors Road Surface Temperature (RST) forecasts daily between October 1st and April 30th. If road temperatures are forecasted at or below 0°C, frost, ice, or snow is predicted, or a red/orange hazard warning is issued, we will automatically deploy our services for Automatic Service Level Agreements. Customers on a Permission Service must notify us by 4:00 PM to confirm if service is needed. Failure to do so will result in no service being performed that evening.
2.4 Additional Service Requests
If our service is triggered, we will attend once between 6:00 PM and 6:00 AM. Should you require an additional visit during this time, please contact us via email or phone. For example, if we grit the site at 10:00 PM but the weather worsens later, and the site becomes unsafe again, you must notify us to request another visit. This will be charged as an additional visit.
2.5 Snow Clearance & Liability
Snowfall is a natural event, and on rare occasions, it can fall unexpectedly and heavily. North East Gritters will use reasonable efforts to plough snow in line with Clause 2.1 but does not guarantee that the snow will be cleared within a set time frame. They do not accept liability for any failure to clear snow or maintain access to any property where they have made reasonable efforts to plough according to the agreed specifications, even if those efforts are not sufficient to keep the site clear or safe.
2.6 Snow Ploughing Conditions
It is understood that:
2.7 Localized Weather Events
If no conditions from Clause 2.3 are forecasted, North East Gritters will not automatically deploy services unless otherwise agreed, and any extra work will be at the Customer’s expense. North East Gritters is not responsible for unforeseen, localized weather events outside their forecast.
2.8 Gritting Details
Gritting will be carried out on the hard surfaces identified in the site plan. North East Gritters will decide whether to use spreader trucks or manual spreading based on what is most suitable. The type of treatment used will either be as stated in the contract or determined by North East Gritters if none is specified.
3.1 Customer Responsibilities
The Customer will:
3.2 Information & Access
The Customer must provide all relevant site information, including layout, security systems, health and safety procedures, and key contacts. The Customer will ensure full and free access to the site, including necessary keys or access codes. If access is restricted without notice, full charges will apply.
3.3 Safety
North East Gritters is not obliged to perform services if doing so would endanger our personnel, aside from risks related to ice, frost, or snow conditions.
Our services are weather-dependent and may be affected by severe conditions. We will make every reasonable effort to provide services at the scheduled times; however, delays or cancellations may occur due to unforeseen circumstances beyond our control. We reserve the right to reschedule or cancel services in such events without liability.
Failure to meet these responsibilities may result in delays or additional charges.
The Customer agrees to:
Failure to meet these responsibilities may result in delays or additional charges.
The Contractor will invoice the Customer within seven days of the end of the month for any gritting or snow removal work undertaken the previous month. The Customer will pay the Contractor within thirty days of the invoice date unless otherwise specified.
8.1 References to liability in this clause 8 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
8.2 in the Contract limits North East Gritters’s liability which cannot legally be limited, including liability for:
8.3 Subject to clause 8.2 above North East Gritters shall not be liable to the Customer for (i) loss of actual or anticipated profits or savings, (ii) loss of contract, (iii) loss of sales, business or economic loss, (iv) loss of or damage to goodwill, (v) punitive, indirect, incidental or consequential damages, (vi) loss of income, (vii) loss of business opportunities or (viii) loss of, damage to or corruption of data or (ix) any type of punitive, special, indirect or consequential loss, (x) damages due under penalty clauses, (xi) wasted expenditure or (xii) cost of mitigation (including loss or damage suffered by the Customer as a result of an action brought by a third party) even if, in any such case, such loss was reasonably foreseeable or North East Gritters had been advised of the possibility of the Customer incurring the same.
8.4 Subject to clause 8.2 above, North East Gritters shall have no liability to the Customer in respect of any event unless the Customer shall have served notice of the same upon North East Gritters during the period starting on which the Customer became, or ought reasonably to have become, aware of the event having occurred and ending one month from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
8.5 North East Gritters assumes no liability for any loss or damage suffered or incurred by the Customer resulting from an Operative’s loss of entrusted key(s) or keycard(s) or fob(s) other than the costs of reproducing the lost or damaged key(s) or keycard(s) or fob(s).
8.6 Subject to clause 8.2, North East Gritters shall not be liable for any loss suffered by the Customer caused by a failure to activate the Customer’s security system following a Site Visit or otherwise failing to adequately secure the Site(s), except where this arises through the wilful default of the Operative(s).
8.7 Exclusions
We will take every precaution to perform our services with care and diligence. However, we are not liable for:
8.8 Nothing in this Agreement removes either party's liability for death or personal injury caused by their negligence, or for fraud or fraudulent misrepresentation.
8.9 However, North East Gritters will not be liable for any damage or loss due to performance or non-performance of their obligations, or for any indirect or consequential losses. Specifically, North East Gritters will not be responsible for any losses or damages related to:
8.10 If a claim or potential claim arises under Clauses 8.1 to 8.4, the Customer must notify North East Gritters as soon as possible. After receiving notification, North East Gritters will decide what actions to take regarding the claim.
8.11. Subject to Clause 8.12, the Customer agrees to indemnify (protect) North East Gritters against:
8.12. The Customer will not be liable to North East Gritters for any damage or injury caused by North East Gritters' negligent actions or omissions. The Customer ensures they have adequate insurance with reputable insurers to cover any liabilities under this Agreement.
8.13. North East Gritters will make reasonable efforts to carry out snow ploughing services on time as per Clause 2. If snow ploughing is completed as per the Agreement, but fresh snowfall occurs before the next visit, this will not count as non-performance by North East Gritters. North East Gritters will not be liable for any perceived non-completion of services due to fresh snowfall, except where caused by their negligence, as snow is a natural and unpredictable event.
9.1 Force Majeure
North East Gritters shall not be liable to the Customer, nor deemed in breach of this Agreement, for any failure or delay in performing the services due to events beyond our reasonable control. This includes, but is not limited to, severe weather conditions, natural events, terrorism, hostilities, civil disorder, industrial action, equipment breakdown, power failures, or third-party default or insolvency ("Force Majeure"). We will notify the Customer in writing as soon as reasonably practicable if the services are suspended due to Force Majeure. Upon such notice:
North East Gritters will not be liable for any losses incurred by the Customer as a direct or indirect result of a Force Majeure event or the suspension of services.
9.2 Suspension and Termination
We may suspend the services during any Force Majeure event. If the Force Majeure event lasts for more than twenty-eight (28) days, either party may terminate the Agreement with immediate effect following consultation with the other party.
These Terms and Conditions are governed by the laws of England and Wales.