GROUP TERMS & CONDITIONS for WORKS
Updated August 2020
- Definitions In these Terms & Conditions of Sale, hereinafter referred to as “T&C”, where the context permits the words
• ‘Term’ or ‘Terms’, ‘Condition’ or ‘Conditions’, or any combination of them shall mean these and related T&C.
• “Group”, “Company”, “us” and “our” mean any company, brand, or business of, or specified by, the Benfield ATT Group, its associates, subsidiaries, trade names, agents, suppliers, assignees, servants, and sub-contractors.
• Related T&C include our “General Terms & Conditions of Website Use & Sale of Goods” and other associates T&C.
• “You” and “Your” mean or refer to whoever places an order with and contracts to buy from us together with their servants, associates and third parties.
• “Work” or “Works” includes any supply, freight, hire, delivery, erection or other activities to, on, or about your Site.
• “Goods” means any services, documentary information, materials, components, (pre)fabricated items, delivery & anything required for your contract.
• “Design” means any sketch, drawing, specification, engineering, calculation, or other means of conveying information for the manufacture or construction of goods, including the interpretation of any design supplied by you, or any amendments you require, together with any components to these and / or to be manufactured based upon information supplied by you.
• “Manufacture/s”, “Manufacturing”, and “Production” mean the making, supply and delivery of anything in connection with your contract.
• “Project” means the design, manufacture and supply of goods as defined herein,
• “Site” means the location specified by you for the Works,
• “Supervisor” means the single suitably qualified, competent person nominated by you to oversee the Project and act in accordance with CDM Regulations. Unless separately specified, your Supervisor will be deemed to be the person signing your order / quotation acceptance.
• The use of the singular includes plural, the masculine includes the feminine and neuter.
2. Individual Contracts These T&C are for Works but apply separately to Services, Design, Manufacture & Goods, which it is agreed are for supply only and do not constitute a building contract. Each delivery is treated as an individual contract. All orders are placed and accepted by us only on these T&C. If we give credit to you such orders are additionally subject to satisfactory references. For the avoidance of doubt, unless otherwise agreed in writing, we do not execute Works or fix materials or components that have not been supplied by us under a Supply contract.
3. Warranties & Undertakings We warrant that we will execute the Works in accordance with each contract and your Supervisor’s instructions in such manner and means as we deem appropriate. You warrant that you are the Owner or authorised to act on behalf of the Owner of the project and Site and accept these T&C for yourself and all interested parties and, if a limited company, undertake for yourself and your directors to personally discharge all obligations hereunder. If you engage or employ others whether on your Project or otherwise and whether as an individual, manager, director, or company you further warrant that you are operating as a business, not a consumer. You also undertake to appoint a single competent Supervisor experienced in the Works and use of the Goods as your agent with exclusive authority to agree, supervise site works, and give instructions in respect of all matters on your behalf. Unless another competent person is nominated by you as CDM Principal Contractor for the purposes of the Construction Design & Management Regulations 2015 and any revision thereto, you or your Supervisor will discharge this responsibility and will continuously examine /monitor the project and be the single point of contact to handle all communications between us and you and/or your servants although we may obtain information direct from you /them if we deem appropriate.
4. Estimates, Quotation/s, Prices & Extent These T&C and any additional T&C noted on any quotation or imposed by a supplier are incorporated in all estimates, quotations and other prices issued by us. They supersede any and all offers and suggestions to or from you at any time and may only be varied in accordance with clause 41. No other terms or conditions express, statutory implied or otherwise other than those incorporated in this contract shall form part of this contract except where you deal as a Consumer as defined by section 12 of the Unfair Contract Terms Act 1977 when the terms set out in section 13, 14 and 15 of the Sale of Goods Act 1979 and subsequent legislation thereto are implied into this contract. Except as provided for in clause 5 of this contract, if these T&C are incorporated in any other contract these T&C take precedence. Estimates indicate best current prices and are invitations to treat, not offers. Quotations and other prices are stated on a day-to-day basis. They are subject to revision and to correction of errors and omissions arising from bona fide mistakes (E&OE), and are open for acceptance for a period of 30 days from date of issue unless expressly agreed otherwise in writing ( 41). Such quotations & prices may be withdrawn at any time before contract ( 5). All prices given are based on costs at the time of quotation or price and are subject to free car parking or public transport being attainable to within reasonable distance of the Site and lodgings being available at our current subsistence allowance rates. Any increase in these costs may be added to prices quoted in respect of anything to be completed for you plus a percentage as shown in the Schedule of Rates ( 47). We take reasonable care in estimating measurements and/or quantities from drawings, specifications, and/or bills of quantity supplied by you, but accept no liability for either your, or our, inaccuracies. You must carefully check for these. If any instructions required from you are incomplete or delayed we may increase prices & times to account for these. Costs passed on to you are subject to addition per clause 47.
5. Contract/s & Acceptance of order/s A contract is made between you and us when we give you written confirmation that we have received and accepted your signed quotation acceptance (QA) or other order, unless we consider your subsequent detailed design is materially different from that Quoted for or priced by us, in which case we may terminate or renegotiate the contract. Works & Goods will be supplied in accordance with the specification provided on line or as set out in, or modified in any formal Quotation sent to you. Any changes must be agreed in writing. We reserve the right to sub-contract or assign all or part of any contract. If we do anything for you on the project of a third party this will also be subject to these T&C. Where sub-contracted items are supplied on Contractors Plant Association, Road Haulage Association, or other standard Conditions of their industry such Conditions will apply to the sub-contracted work as well as these Conditions, except that these T&C will not apply where inconsistent with such other conditions. Works executed for you on the project of a third party will be subject to these T&C. You will ensure that they apply, indemnifying us against claims for anything to which they would be a defence.
6. VAT, where applicable, is added at the rate ruling at date of Invoice.
7. Consents and Approvals All estimates/quotations for Works are given on the basis that you have obtained, or will obtain, all consents, approvals, permits or the like required for, or in relation to, your project (e.g. Planning, Building Regulation, Public Health, Fire, Police, Highways, etc.). You are responsible for ensuring conformance with all of these and unless you give us written instructions we are deemed to have no knowledge of them. Costs & effects of delays and extra works, fines, charges, legal fees or the like incurred by you or us, occasioned by the absence/infringement of consents, approvals, etc. required are your responsibility. You must pay any claim made by us for these immediately we submit our (pro-forma) invoice for these to you. If you fail to do so we may suspend Work.
8. Payments, Assignment, Certificates, Warranties, etc. (Pre)payments must be made by you in accordance with clause 46. If we have allowed you credit, we may sell your debt including advance payments to a credit broker or factor Claims you may have against us cannot be deducted/withheld from these payments & must be pursued separately. Any Warranty issued by us only has effect after all payments have been made.
9. Validity Estimates and budget prices are indicative only and subject to subsequent formal quotation ( 4) or application of our prevailing rates ( 47). In any case where Work is ready to commence or in process but you suspend or defer Works, we may invoice the full value of these together with any other services, whereupon you must make payment as if the same had been completed on the date of such invoice/s. If you suspend Works we may additionally increase any prices for Works to those ruling at the date of recommencement. All prices and quotations are subject to the availability of labour and materials during the contract. To facilitate progress we reserves the right to modify Work methods and alter specifications of, or to replace, any item without prior notice ( 14).
10. Method of Payment and Set-offs All payments must be made in full at least seven days before their due date either by cleared cheque (allow 7 working days for clearance) or by CHAPS transfer bank to bank. No claim by you will entitle you to withhold or delay payment of sums due. You may only withhold or delay payment in respect of Works if a valid “Notice of Withholding” under the Construction Act 1996, or any revisions has been served on us by you no later than five working days before the due date for that payment. We may offset any sum payable by you to us against any of your other account/s. Payment not made on due date shall be regarded as overdue unless we extend credit to you in writing.
11. Individual Contracts for Works Each stage of the Works is treated as an individual contract. All orders are placed and accepted by us only on these T&C. If we give credit to you such orders are additionally subject to satisfactory reference.
12. Repudiation, Cancellation & Termination Since anything done by us for you only has value for you, contracts can only be brought to an end with the written agreement of our Company Secretary and your paying all costs we deem to have been incurred plus all profits and interest that would have accrued to us from the contract. No refund of any money paid can be made. If you attempt to end any part of any contract you will indemnify and hold us harmless against all related losses, including loss of profits, costs, other expenses, and damages, whether direct or consequential, incurred by you and/or us, and you will pay all of our bills on demand. If you subsequently do anything to the project you will be deemed to have accepted everything done by us and will indemnify and hold us harmless against any claims of any sort relating thereto. All contracts will be deemed finalised and terminated when 12 weeks have elapsed without further correspondence after site works have been completed.
13. Protection of Goods, Buildings, Property & Works. We only carry out protection of goods on Site on our acceptance of your express written Instructions. By the nature of the Works it is possible that various areas of your buildings, other property, and goods, may become exposed to the elements, made insecure, or at risk from the Works. You must arrange to (re)locate and/or protect them against these risks in advance of Works commencing, and indemnify us accordingly. Such measures undertaken by us will be charged extra unless specified in the contract.
14. Information, Variations, Changes, Meetings.
• You must provide us with:-
- site location and layout plans, indicating access and any potential obstructions and hazards
- photographs of the site, including buildings and adjacent buildings.
- finalised, fully detailed and dimensioned construction drawings not materially different from those upon which our estimate or quotation was based within five days of sending us your quotation acceptance (QA) or order.
- an unobstructed site with adequate space to work around the project
• If requested by us you, your Supervisor, your architect, your Principal and other contractor/s, and/or other professional advisors will attend a pre-start meeting at our offices to discuss and clarify any matters necessary.
• Any changes required by you after Works commence will incur delays and additional charges at our stated hourly rates ( 47) for all elements of your project, payable on invoice.
• To ensure consistency and accuracy, instructions for any variations must be given in writing by your Supervisor.
• We reserve the right to amend construction details as necessary to accord with on Site Works requirements, making such substitutes as we deem reasonably fit for purpose.
• You must examine and accept each stage of the Works (i.e. each floor level and roof) signing these off as accepted and correct and that the Work executed by us is in all respects fit for the purpose/s for which it is intended. Should we proceed with subsequent stages of your project without this you will be deemed to have inspected and accepted prior works.
15. Supervision of Works You are deemed fully conversant with the nature and performance of all aspects of your project including any related harmful, hazardous or dangerous effects and are not reliant on us for any judgement, skill or advice unless confirmed in writing by our Company Secretary. On site labour is supplied to you as domestic, labour only sub-contractor/s. Your Supervisor is responsible for ensuring that all supplies are available, properly stored and conveniently located for the unhindered commencement, progress and completion of Works, for Health & Safety on Site, and for directing, monitoring and checking that the quality, accuracy and timeliness of Works confirms to your requirements. Since they are under your direction & control we do not warrant any Works as suitable for purpose, or that they will be completed in the timeframe, you require. You must notify us by fax immediately if the number of operatives or hours worked falls below that provided by the contract. You must ensure that any changes to Works do not compromise the structure. Any comments, observations, complaints, instructions or otherwise that you wish to give in relation to the Works must be given in writing to us and not directly to our operatives.
16. CDM, H&S and Site Records To facilitate progress and ensure CDM and H&S conformance, you must keep daily records of activities on site covering e.g. weather, number of operatives, start and finish times, deliveries, stage/s reached, visitors, tool box talks & other training, accident register, risk assessments, equipment used, manpower certificates, delays, forward requirements, etc. and send us copies of these at close of business on Friday every week.
17. Safety & Security of Operations In the 7 days before, during, and the 14 days after the execution of Works, you must avoid ground disturbance, You must make safe & secure storage areas on hard surfaces available in locations specified by us with mechanical handling and operators available for supplies (e.g. telehandler/crane). On-site storage & handling must be treated in accordance with TRA, TRADA, and/or our recommendation (copies available on request). You are responsible for security, safe conduct, protection and insurance of all goods, equipment and Works. Unless invited by us, you must not go onto any area of the site where we are working or allow others to do so. We are not liable for any loss or damage resulting from your failure to do any of the above.
18. Additional Works In any case where we make OPTIONS available for your selection these do not form part of any contract unless specifically ordered. Requests for additional works must be made in writing.
19. Personnel Our personnel, including sub-contractors, are supplied on condition that you will not directly or indirectly seek to offer them additional or alternative employment during or within 3 months for a sub-contractor or 12 months of the completion of the contract for our direct employees. If you do so we will be entitled to recover damages from you calculated at the rate of twice the cost of any sub-contract works as estimated by us, or 3 times the annual remuneration of a direct employee plus 3 times costs of training them.
20. Illustrations, Sketches, Quality, Quantity, Inspection & Testing You must carefully check and verify in advance of the Works that all Goods received on site for the Works are to the accuracy, quality & quantity you require before being used in the Works. No warranty can be given that the Works conform to any sketch plan or drawings you provide, or to illustrations or descriptions in catalogues, web site, or trade literature and you must not rely on these. If, to facilitate Works, we arrange any processing of supplies on your behalf this will be carried out on the standard terms & conditions of the processor at your risk. We accept no liability for such supplies.
21. Technical Specifications, Measurements, Foundations & Certificates Unless we are otherwise instructed, your Supervisor must certify to us in writing no later than 14 (fourteen) days before Work is scheduled to commence that your foundations are within NHBC & TRADA, tolerances, ready to receive the frame, and that your site complies with Health, Safety, Welfare, Utility, Scaffold, Storage, Security and other requirements enabling Works to start immediately.
22. Deliveries, Collections, Risk, Site Storage, Handling Your Supervisor must accept and inspect deliveries for accuracy, quantity, quality, damage in transit, etc. ensuring you have personnel and equipment ready to receive & unload these when they arrive. If we arrange transport to, or handling of anything on Site for you this shall be to the nearest metalled hard road surface. Any waiting /unloading time over 2 hours will be charged to you. You must ensure that goods can be readily and safely moved over hard surfaces to our designated dry, level, hard-standing and/or covered areas. Unless we additionally contract to provide off-loading equipment, e.g. telehandler and/or crane, you must provide suitable equipment and operatives for this.
23. Access & Progress of Works You will provide free, unrestricted access to areas necessary for, or where Work is to be executed including access ways, public highways and third party property, together with making any arrangements with police or other authorities, issuing public notices, arrangements with neighbours, closure notices, etc. You must ensure that such access and facilities will be available at all times required by us to facilitate the unhindered continuous progress of Works. You must not obstruct the Works or Site in any way and must remove all of your goods, chattels and equipment from the area affected by, or likely to be affected by, the Works. The protection and safekeeping of such goods, chatells & equipment is your responsibility ( 13). We will not be required to commence or continue any Works until this is done to our satisfaction and any delays and additional costs resulting from this will be your responsibility and chargeable to you. If we agree to commence or continue Works without the removal of such items, we will not be held liable for damage to or loss of any such goods, chattels or equipment. To ensure good Health & Safety practice, security, and the orderly and unhindered progress of Works, you must ensure that no one except your Supervisor has access to the site until our Works have been accepted as fully complete ( 38). In the absence of your Supervisor, our erection team leader will control access to site by H&S Inspectors, emergency services, or anyone that we need to attend in order to progress the Works. This means that you, your family, guests, employees, subcontractors, following trades et al must not go onto the site until our Works are complete. Special meetings will be charged extra per clause 47
24. Day work / Hourly charges Each variation required by you will incur an Administration Fee plus extra charge for work involved at our prevailing hourly rates as indicated below ( 47). Your Supervisor can sign our operative’s time & materials sheets each day, but if this is not done the operative’s record of this will be final.
25. Unsociable Hours All prices/quotations assume Works will be carried out during our prevailing working hours. If you require work executed outside these you will incur supplemental charges ( 47).
26. Supply of Welfare, Power, Water & Drainage You will provide free, convenient access to electricity, potable hot & cold water, toilet, canteen & drying room, secure store, schedule of emergency services, telephone, drainage, First Aid point & anything else to comply with Health & Safety requirements during Works.
27. Plant, Equipment, Scaffolding, Skips, Fencing, Security, Notices, etc. To conform with the Construction Design & Management (CDM) Regulations, unless otherwise agreed, you must provide proper, adequate and timely plant, equipment, scaffolding, skips, fencing, security, notices, etc. together with properly qualified personnel for their erection/operation. This includes the provision, placement and timely removal by you of appropriate skips for ordinary and hazardous waste disposal.
28. Health, Safety, Hazardous materials and substances You are aware that some materials and equipment (e.g. solvents, scaffolding, machinery) that may be brought on to Site may be hazardous or dangerous and you will not permit anyone other than your Supervisor or people specifically nominated by him, and accepted by us, to have access to the Site or any Works during our presence on Site ( 23). While we will exercise our best endeavours to ensure that all Health & Safety requirements are met, your Supervisor is responsible for on-Site monitoring & management of these and you will ensure that we are indemnified against any accidents or ill effects experienced by anyone (e.g. you, your family, guests, neighbours, your and our employees, etc.) resulting from these. Where we are required to operate in or on a Site where equipment or services could interfere with the Works, (e.g. power lines, water mains, water sprinklers, fire-fighting equipment, etc.) you will make competent personnel and equipment available to us to isolate, operate, or disconnect such items and for fire-fighting and dealing with Health & Safety requirements immediately on request. We are not responsible for the escape of water or other substances howsoever caused
29. Promotional rights We are free to erect our signs on or about your Site for 14 days before, during, and 28 days after completion of Works and may promote our role in your project and secure publicity for this as, where, when and in whatever manner we consider appropriate.
30. Instructions, Variations & Additional works While for convenience and the progress of any contract hereunder, regular communications may be via telephone or e-mail, instructions can only be accepted by us if delivered in writing by fax or mail, receipt of which must be acknowledged by us by fax or mail. If at your request, or in our opinion, any variations or additions need to be made to Works, your Supervisor must immediately give us a supplementary order for these which, if accepted, will be subject to these same T&C. If you require a quotation for these we may suspend Works at your cost pending your acceptance. If your Supervisor allows us to continue without such variation order it will be at our prevailing rates ( 47) payable by you on demand.
31. Omissions & Corrections If, during the Works, your Supervisor considers there to be any act or omission requiring correction, you must give us written notice within 24 hours of discovery, allowing us every opportunity to consider & discuss these with you and at least 14 days to commence any corrections or variations that we accept as necessary. You must not interfere in any discussions between us and your building or other contractors, advisors, consultants, or Supervisor. If such acts or omissions are attributable to you, costs may be payable to us by you as calculated in accordance with these T&C
32. Time Time is of the essence for all payments but time is not of the essence for the Works unless agreed by our Company Secretary in writing While it is in our best interests to complete your project as quickly as possible, estimates of start and finish times are approximate based on current conditions, assume that no unforeseen circumstances will arise and are intended only as a guide. Such indications run only after our acceptance of fully dimensioned, detailed construction drawings and must be extended by any delays caused by late delivery of information, inclement weather, labour shortage, supply chain issues, etc.
33. Delay or Suspension of Works by us You agree that it is in our interests to progress Works as quickly as possible. However, if:-
- In our opinion the site is not ready to accept any delivery or Works process
- You hinder or delay progress of Works
- We think something may endanger people or obstruct/hinder progress ( 23)
- You fail to comply with any of these Terms & Conditions
- Any payment is outstanding whether formally demanded or not
- You serve a Construction Act withholding notice, whether valid or not
…we can suspend Works immediately until you have paid the whole of the contract price. Any delays in or suspension of Works caused by or attributable to any of the above will be charged at 75% of our hourly charges (47). After continuous delays of four hours then at our sole discretion our operatives may be withdrawn from Site and we will not be responsible for any delays to progress or any associated damages to Works or materials. You must pay any costs incurred as a result of any of the above events, including costs of resolving related disputes and of collecting payment and will incur a ‘return to work’ charge ( 47plus any further costs of rectifying damage or replacing materials. All costs are subject to the addition of margins per clause 47
34. Continuation of Works, Interest on Outstanding Payments, and Security Without prejudice to any of our other rights, if we continue the Works in the absence of any instruction, payment, or correction of any other circumstance then your liability for payment will not be affected and interest will accrue on outstanding payment/s at 0.12% per day compounded daily from the due date until full payment is made. We may also demand additional security and/or vary terms of payment.
35. Termination by us Without prejudice to our other rights, if any payment is 14 days overdue, whether formally demanded or not, or if you go into liquidation, receivership, administration, arrangement with creditors or, being (an) individual/s,any one individual applies for bankruptcy, if you cease or threaten to suspend Works, business, or withhold payment to us (unless proper notice to withhold has been given), if you breach your assigned credit limit with us, or we receive an adverse credit report on you, or our credit insurance cover for you is withdrawn, or you make material changes to your detailed design ( 14), or if, after we have given you 7 days notice of your default, you continually hinder or frustrate progress of Works, especially as identified in clause 33, we may terminate the contract forthwith. In this case all payments will be immediately payable and we will be absolved and indemnified in accordance with clause 12. You may not issue a ‘withholding notice’ if we have given you notice of your default.
36. Delays beyond our control We are not liable for costs, damages, or breach of contract if any delay in performing or failure to perform any obligations is beyond our reasonable control whether or not such cause existed or could be foreseen when the contract was made.
37. Inclement Weather, Sickness, etc. Neither of us will be held liable for delays arising from inclement weather, delays in deliveries, accident, or operative sickness. However, if you request that Works continue in any of these circumstances then, if this is possible, supplementary charges will be made at our prevailing rate for Sunday working after 6.00p.m. ( 47). Any time lost from such delays must be added to any indicative guidance times given.
38. Progress and Completion of Works You will give possession of and allow us unhindered access to the Site at all times required by us to execute and complete the Works. You will ensure that no other trades are working on the site during the execution of our Works. Two days before anticipated completion of the Works, as assessed by our erectors, your Supervisor must provide us with a ‘snagging’ list, i.e. items considered incomplete or unsatisfactory, for our attention before we complete our Works. In the absence of this it will be deemed that no such requirement exists. If this list results in us doing anything outside the scope of our Works this will be treated as a Variation Order. Immediately upon completion of Works your Supervisor must inspect the Works with us and any Works still found not to be to your Supervisor’s or our satisfaction will be remedied forthwith. You will not retake possession of the Site until after your Supervisor has certified in writing that all Works are fully completed and accepted and you have paid for these together with any extra charges in full. If you retake possession of the Site or Works or any part thereof or proceed with any following trades before the issuance of such certificate and payment this will be deemed as your formal acceptance of completion of the Works as if such certificate had been given and you will not claim that any Works are unsatisfactory or unfinished and we will not be required to do anything after effective acceptance or certification. Notice of refusal to accept Works or any part thereof must be given in writing to us accompanied by specific valid reasons within 24 hours of such completion inspection. Failure to give such notice will not release you from your obligation to pay for all Works and extras in full but will release us from responsibility to make good any damage or deterioration to supplies or Works that may result. We will not be held responsible for deterioration or damage from other works, follow on trades, vandalism, or weather.
39. Liens and other Security You agree that our lien in respect of Works extends over all materials, structures, plant and equipment on Site and the Site itself. You undertake not to use, incorporate, dispose of, or assign any rights in them until all payments to us have been made and will insure everything in your possession for their full value in our joint names. Since a Timber Frame structure may be dismantled and removed it is agreed that, for the purposes of the Property Act 1925, our goods will not be deemed incorporated until after all outer and inner claddings (e.g. brickwork, dry linings) and roof finishings (e.g. tiles) have been completed. If you contract to sell the Goods, your project or any part of it you must tell your buyer that we can claim anything you owe us from them and hold the proceeds of sale on trust for us in a separate bank account. You must discharge your debts to us before making any other payments or distribution from the proceeds of sale. We may require your lawyers or bankers to make such payment/s to us without objection from you. You irrevocably grant us possession of and unrestricted access to Site to possess or hold these to prevent work on site proceeding pending payment, whether or not they have been incorporated into any building, without liability for any damage or delay caused by such recovery or holding. As further security you agree that where the contract is executed on behalf of a company the directors personally undertake that these T&C will be fully observed and that we may also register a legal charge over your assets and a land charge over the Site. If any invoice remains unpaid for 14 days after its due date we will have power without further notice to foreclose on any security and to retain or sell the subjects thereof by any means to obtain whatever price can be immediately obtained applying the proceeds towards money due to us including costs of foreclosure. Such security will not be released until all outstanding payment/s plus administrative and collection costs, internal, legal or otherwise, have been paid in full.
40. Insurance & Indemnities You must insure all subjects of our lien in our joint names and indemnify us against claims from:-
- fire, flood, other hazards & all insurable risks on your Site.
- injury, loss or damage in respect of or resulting from your Site
- expenses incurred in complying with any law or regulations.
- absence, failure, or mal-operation of anything supplied by you
41. Variation of Terms Our Company Secretary must agree any variation to these T&C in advance of our starting any works. No variation, or anything found by a competent authority to be for any reason invalid, unenforceable or excluded from these T&C shall affect the generality, legality or enforceability of the remaining T&C. Any contract incorporating these T&C constitutes the entire understanding between you and us and supersedes all previous communications, presentations, understandings, or contracts, written or oral between you and us and any terms and conditions of any order from you that may seek to vary them must be accepted and confirmed in writing by our Company Secretary.
42. Complaints Procedure If you wish to complain about the service/s received, please write to our head office asking for our ‘Customer Complaints Procedure’ form to be sent to you. Complaints must be submitted in writing in this prescribed format and processed in accordance with this procedure. Initial complaints will generally be considered within 28 days with appeals against this within a further 28 days. Complaints cannot be lodged during a formal dispute and vice versa.
43. Law, Disputes and Arbitration English law governs all contracts between us. Your Quotation Acceptance/s is/are executed by you as a a simple contract under signature You may not avoid any due payment by claiming a dispute. Any monetary or other claim that you may have must be brought separately and, if unresolved within 14 days of formal notice of dispute being given by you to us, referred by you to a single Arbitrator appointed in accordance with the Arbitration Act 1996 by the President for the time being of the Chartered Institute of Building. In such Arbitration you will be deemed to have read any instructions or guidance provided by us including our booklet “Keeping Your Project on Track”. If such referral is not made within twenty-one days of you giving us formal notice of dispute the matter will be considered nullified. In this case neither of us can take any further action. If no query has been raised in respect of any invoice within 7 days of service of that invoice, then we make seek unopposed summary judgement for the amount/s outstanding.
44. These Terms & Conditions of Sale are in lieu of all conditions, warranties and statements of whatever nature in respect of the Works whether expressed or implied by statute, trade, custom or otherwise and any such condition, warranty or statement is hereby excluded to the fullest extent possible by law. Any statements, advice or other communication made in conjunction with the Works have been given in good faith and are subject to these T&C. No responsibility is accepted for inadvertent or negligent acts, errors or omissions on our part, or for any loss, damage or expense thereby occasioned to any recipient. You shall pay in advance for any inspection required after 6 months from completion.
45. Notices You will keep us informed of any changes in your address, facsimile number and e-mail address and of any notices required to be lodged with Companies House. Any notice given by us to you will be served by first class pre-paid post, facsimile or personal delivery to your last notified address. Any notice served by you on us must be by recorded delivery first class mail to our Company Secretary at our Head Office at the time of service of such notice. Notices given by letter will be deemed served 48 hours after posting, by facsimile deemed served 24 hours after despatch, and if delivered personally deemed served on delivery
46. Terms of Payment for Works (i.e. plant hire, erection and other labour only services, per quotation acceptance)
- 30% payable with order.
- 60% 7 days before first delivery.
- 10% on day of completion.
47. Schedule of our Prevailing Hours & Rates as at May 2018
Standard working hours (light permitting)
Monday to Thursday only:-
Factory – 08.00–16.30, Offices – 08.30–17.00 Site – 08.00– 17.30
Factory – 08.00 – 13.00 Offices – 08.30 – 13.00 Site – 08.00 – 13.00
The following hourly rates are inclusive of all statutory additions for insurance, holidays, and taxes, but VAT will be added. These are updated periodically:-
Directors = £ 250
Architect, Engineer, Surveyor or other Professional = £ 175
Senior Managers = £ 150
Technician = £ 125
Lead operative factory and site = £ 80
Assistant operative factory & site = £ 55
Unsociable Hours additional hourly rates: –
Mondays to Fridays first 3 hrs = 1.5 x above rates
Ditto after 3 hrs & Saturdays 18.00 = 2.0 x above rates
Saturdays after 18.00 = 2.5 x above rates
Sundays to 18.00 = 3.0 x above rates
Sundays after 18.00 = 3.5 x above rates
Subsistence for overnight accommodation = £ 100 per night per person
Expenses charged at cost + 25%
Mileage charged out per mile in both directions:-
cars £0. 50p, vans £0. 70p, lorries £ 2.00p
Percentages added to Increased costs:-
Design = + 75%, Manufacture = + 45%
Percentage added to PC sums = +30%
Storage & Warehousing charges per week or part thereof:-
- covered storage £ 3 per m2 base for each 1.5m height
- open storage £ 2.25 ditto
- handling and movement at cost plus 45%
- insurance of Goods in store against loss, damage or consequential loss = 5% of the invoice value of Goods per year or part thereof.
Administrative charge per variation order = £ 100 (+ costs of execution)
Return to Work charge = £500
Arranging Collateral Warranty = £ 500 charge, with £10,000 excess under Warranty
Extras payable in advance:-
Site & Foundation inspections:- Initial = £ 350, subsequent = £ 550 both + mileage