Terms of Trade
Standard Conditions of Tender and Contract
These conditions shall form the basis of a contract under which we undertake to carry out the work specified in our tender. In the event of any conflict between these conditions and any conditions contained in our tender, the latter shall prevail. Acceptance of our tender constitutes your consent to these conditions and excludes any other conditions, whether expressed or implied, which are inconsistent with them.
1. Period of Tender
Unless previously withdrawn this tender is conditional upon acceptance in writing within 30days of the date hereof or such a longer period as may be agreed in writing.
2. Access to Site
This tender is conditional on our employees and transport having clear and uninterrupted access at all times to work the site, which must be ready for the reception of our working materials and plant and ready for work to be carried out when reasonably required by us.
3. Delays and Extra Work
If our work is delayed, suspended or varied or if we are required to carry out extra work or perform additional services (including overtime or during unusual hours) on the instruction of our customer or his representative or because of lack of any instruction or any mistake for which the customer is responsible or if the progress of our work is interrupted by a customer or his agent then we reserve the right to make an extra charge. We reserve the right to refuse to carry out such extra work or perform such additional services unless the instruction of our customer or his representative have previously been confirmed to us in writing but the absence of written confirmation shall not invalidate our entitlement of payment therefore.
4. Terms of Payment
30% invoiced on receipt of order as a deposit.
65% invoiced as materials are delivered to site.
5% invoiced on hand over/completion.
Interest at the rate of 5% shall be paid by customers on all overdue accounts.
5. Price Fluctuations
This tender is based on the market prices and rates of materials, labour, sub-contracts and transport ruling at the date of the tender. We reserve the right to amend the tender price and rates to meet any variations in these prices and rates due to legislation, government orders, regulations or directions, changes in national agreements covering wages and conditions in the industries concerned or by any other cause beyond our control occurring between the date of tender and the completion of the work.
The property in unfixed materials shall not pass until all applications for payment shall have been paid in full. All materials on the site fixed or unfixed are at the sole risk of the customer and in the event of them being damaged, destroyed or stolen we shall be entitled to full payment thereof and also for any work damaged, destroyed or lost. The cost of replacing such materials and of reinstalling or restoring any such work shall be charged as an extra provided the customer shall not be responsible for any loss occasioned solely by the negligence of our employees.
7. Fire Risk Exemption
Notwithstanding anything contained in clause 6 hereof the customer shall be solely responsible for all lost or damage to the contract works including unfixed materials which are on site for the purpose of carrying out the contract works, arising from fire however caused shall indemnify us against such loss and damage.
Site preparation, eg: holes through brickwork, boxing in of pipework, removal of non refrigeration fittings, plumbing work other than condensate drain pipework, VAT, vapour seal and insulation to floors, floor finishes, kerbs, barriers, goalposts, lighting, waste disposal skips, fork lift offloading, steel work, main electrical supply, any defect which in our opinion arises by reasons of misuse, misapplication, neglect, or accident on the part of the customer. We accept no responsibility for any drawings, designs or specifications not prepared by us and submission of this tender does not constitute any warranty, guarantee, representation or opinion of the practicability of construction or of the efficacy, safety or otherwise of materials to be supplied or work to be executed by us in accordance therewith. The cost of any additional work caused by defects in any such drawings, designs or specifications shall be chargeable as an extra. We shall not be liable for any loss or damage arising directly or indirectly as a consequence of any defect in the installation except when such loss or damage is occasioned solely by the negligence of our employees and we shall not be liable in respect of any defect which may occur in any previously existing equipment to which the installation may be connected. We shall not be liable for any loss or damage direct or indirect nor for any extra work entailed due to the installation being put into operation by the customer or by us at his request before it is handed over for beneficial use.
Unless expressly stated, any drawings illustrations or descriptive matter furnished by us shall be regarded as general arrangement drawings or descriptions only and shall not be binding as to detail. The copyright in any drawings submitted by us shall remain our property.
10. Reservation of Title
The goods supplied by us shall remain our property until paid for in full, notwithstanding that the risk in the same shall pass to the buyer at the time of delivery. In the event of non payment, we shall have an irrevocable licence to enter your premises/site and remove them.
11. Third Party Liability
We shall not be liable for any claim whether brought against the customer or against us either under any statue or at common law by any person arising from any cause other than our negligence or that of our employees and the customer shall indemnify us against any claim and the cost of legal proceedings.
12. Compliance with law and Government Regulations
Acceptance of this tender constitutes a warranty and representation by the customer that he has complied with every applicable statute, order in council, regulation or direction, bye-law or other lawful authority and in particular that he has lawfully obtained every necessary licence, permit or authority that may be required in connection with the work. 12A. WEEE Directive Compliance. The customer hereby acknowledges that wherever any invoice submitted by the company states `Customer accept WEEE compliance responsibility` Then the customer shall in respect of all goods supplied on that invoice indemnify the Company from all costs of collection, treatment, recovery and disposal of those goods which are subject to the WEEE directive
Any delivery dates given are done so in good faith. No liability is accepted by the company for failure to deliver the goods on a specified date.
If any dispute or difference shall arise between the parties hereto in respect of any provisions of this agreement, the same shall be referred to the decision of a sole arbitrator to be mutually agreed upon, or failing agreement to be appointed by the president for the time being of the Institute of Arbitrators. The submission shall be subject to and in accordance with the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
All quotations are strictly nett.
Our price and any programme commitment of this offer is based on the assumption that work will be carried out in an environment free from Asbestos related controls.
17. Customer to Provide
On site main services. Protection of equipment and part finished work on site. Washing/toilet facilities.
12 Months on parts and labour unless otherwise stated in quotation