TERMS AND CONDITIONS
1. All quotation(s) or tender(s) by A L HYDROJETTING Limited (hereinafter called ‘the company’) are subject to alteration or withdrawal until the order arising therefrom has been accepted by the company in writing.
2. All order(s) based on or resulting from this or any other quotation(s) or tender(s) by the company are to be deemed to incorporate these terms and conditions. Variations, modifications of, or substitution for, these terms and conditions (even if included or referred to elsewhere) shall not be of any effect unless specifically accepted by the company in writing.
3. All timescales quoted for completion of the works are to be regarded as estimates only, and whilst the company will do its utmost to meet or improve upon such timescale, no guarantee is or can be given and the company accepts no responsibility for loss or damage resulting from delay in completion of the work.
4. Day work will be carried out at rates agreed and confirmed between parties prior to the commencement of the Day works. Charges for Day work will include Labour Transport, Plant, Materials, Mobilisation charges and travelling time. The records of Day works will be provided on standard record sheets and will be submitted to the contractor not later than three days following the day in which the work has been carried out.
5. Once a contract subsists between the Company and the contractor, then without prejudice to any other rights or remedies which may be available any breach or repudiation of the same in whole or in part by the contractor immediately liable to the Company for the cost of all work carried out by the Company under contract and for all costs and loss of profit in any manner shall make the Contractor attributable to the breach or repudiation of the same.
6. The agreed value of the works with the contractor (hereinafter called ‘the contract price’) shall be deemed to have been based upon the rates of wages and other emolument and expenses, (including insurance costs) payable by the Company to its employee’s and current at the day of tender and upon the market price of goods and materials at that date. If there shall be any increase or decrease in such rates, emolument, expenses or prices the amount of the net increase or net decrease in expenses resulting therefrom shall be added or deducted from the contract price and shall be paid to or allowed by the Company accordingly with 20% uplift in respect of increases or 20% deduction in respect of decreases to cover overheads and administration costs.
7. If at the contractor’s request, made either orally or in writing, the Company shall increase or decrease the quantity or change the character or method of the work or execute any additional work, no such variation shall in-any way validate or invalidate the contract. But the value of any such variation shall be measured by the Company based on the wages, expenses and prices current at the time the variation is affected and the contract price varied accordingly with a suitable addition to cover overheads and profit.
8. The Company will deliver to the contractor each month during which the work is in progress or on completion an invoice for the estimated contract value of the work executed and all amounts due to the company (if any) up to the end of the previous month, and shall as soon as possible after completion of the contract deliver to the contractor a final invoice, giving details of the total amount due to the company. Payment shall be made by the contractor within 30 days of the delivery of any such invoice, overdue payments shall be liable to an interest charge at 8% per annum above the base rate. Any queries related to invoices should be notified to our Head Office within seven days of their submission. If no such notification is received, then the invoice will be deemed to be correct and payment in full to Head Office will be expected by the due date.
9. The contractor shall be solely liable for and shall indemnity the Company in respect of any liability, loss claim or proceedings whatsoever arising under any statute or at common law in respect of personal injury to or the death of the Company’s employees or agents occurring during the execution of the works by reason of or resulting from negligence, omission or default of the customer, his servants or agents of those of any sub-contractor of the contractors. The contractor shall be liable for and shall indemnify the Company against any loss, liability, claim or proceedings in respect of any injury or damage whatsoever to any other company’s property or to any property under the Company’s control insofar as such injury or damage arises out of or is attributable to the negligence, omission or default of the customer, his servants or agents or those of any sub-contractor of the customer.
10. Should the normal rate of production be impeded during the progress of the works due to any change in material, any loose material or the presence of unforeseen concealed objects in the materials being worked upon, then the cost of any resultant delay and costs in overcoming such obstacles shall be recoverable from the customer by the Company at the Day work rate prevailing at the time.
11. Should the Company once the contract has been commenced, be delayed in or prevented from carrying the contract for any period or periods exceeding one hour by reason of activities of the delay on the part of other contractors or tradesmen engaged in work on the site or owing to any other cause whatsoever beyond the Company’s control, the Company shall in addition to the contract price be entitled to be paid, for the period of such delays or stoppage, the wages of their employees on the site who are prevented from working, such wages to be calculated on a daily basis in accordance with the then current National Schedule of Day work Charges issued by the Federation of the Civil Engineering Contractors and a reasonable sum calculated on a daily basis for all equipment and machinery available on the site which is idle by reason of such delay or stoppage. The Company shall also be paid the amount of all further expenses which it incurs by reason of any overtime or unusual hours which are works at the customer’s request or at rates stated in the quotation for standing time or overtime.
12. The contractors shall at their own cost and expense be responsible for the supply, erection and maintenance in a satisfactory condition of any scaffolding or other means of support or protection, access, goods or services which are required for the safe performance of the work in accordance with the relevant Safety Legislation and codes of Practice. The safe custody of all the Company’s equipment, materials and tools delivered to site. The provision of all necessary fire and safety precautions (when flame processes are used the Company accepts no responsibility for damage of discolouration to fixtures, decorations and structures from smoke, dust, slag and heat): cleaning, drying out or making good of any areas or materials affected by the work: Welfare provisions in accordance with relevance legislation.
13. The Company will operate under the contractor’s direction and relies on the contractor as to questions of suitability, stability and design. The Company shall not be liable for any damage caused to the structure of any building, road or working area.
14. No retention monies shall be held unless expressly agreed by the Company. Any retention held shall be released in full upon practical completion of the Company’s works.
15. The Company’s record sheets will be submitted daily to the customer’s Site Representative for agreement and signature. Failure to sign such sheets shall make the contractor liable for any costs associated with obtaining agreement.
16. All quotes and prices are based upon the work being made available by the customer in a logical, sequential and economic manner.
17. All prices quoted by the Company shall be subject to the minimum daily charge for labour, plant and materials relevant to the operations concerned.
18. All quotations and prices given are exclusive of Value Added Tax which shall be added to the nett amount of every account at rate in force at the time.
19. Work commenced on oral instructions following an oral price will be invoiced on that basis. Any subsequent official order purporting to vary such oral agreement will not be accepted.
20. This contract shall be governed by English Law and the Company and the Contractor hereby submit to the jurisdiction of the English Courts.
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