Terms & Conditions

GRANITE MARBLE AND LIMESTONE LTD.

STANDARD TERMS & CONDITIONS

 

 

  1. These terms and conditions 1-61 shall be the sole conditions of contract between Granite Marble and Limestone Ltd. (hereinafter called “the Company” which expression shall include any subsidiary or associated company) and the Employer. No other conditions or amendments to these conditions shall be valid unless expressly agreed in writing by a designated and authorized officer of the company.

 

  1. Definitions in this Contract:-

“Completion” means time of the delivery of the Goods unless installation is included in the Contract in which case Completion means the last moment of installation excluding any maintenance or guarantee.

 

 “The Contract” means the agreement for the sale of the Goods and the provision of the Installation or the provision of the Service of which these terms and conditions shall form a part. In the event of any discrepancy or variance between these conditions and any other part of the contract these conditions shall take precedence.

 

“Contract work” means the whole of the supply, installation, commissioning, servicing, repair or maintenance work which is detailed in the contract.

 

“The Contract Sum” is the gross order value excluding VAT but inclusive of any discounts, retentions, provisional or prime cost sums, and is subject to variation under the terms of these conditions.

 

“The Works” is deemed to mean the schedule of work, specification and programme on which the Company has based the contract as set out in the Company’s Estimate for the Works.

 

“The installation” means the process of laying or fitting the Goods and rendering operative (where such installation is part of the Contract).

 

“The Service” means any repair servicing or maintenance work to be provided by the Company pursuant to the Contract.

 

“The Goods” means those Goods (including any instalment of the goods or any part of them) which the Company is to supply under the Contract.

.

“The Employer” means the person or company detailed overleaf including any agent who accepts the company offer based on these conditions.

 

“The offer” means the Company’s quotation/tender incorporating these conditions without amendment, addition or deletion. Any offer shall expire after 30 days from the date of offer.

 

The acceptance” means the unequivocal acceptance of the offer in writing by the employer which must be made within the period for acceptance stated in these conditions or elsewhere in the offer.

 

“The Guarantee Period” means the period specified in the quotation and if no period is specified the period of 6 months from the date of supply.

 

 

  1. The Company requires a minimum of ten working days from receipt of a written order for commencement on site. The Employer may give advance notice of a start date but the date must be confirmed in writing at least five working days before the Company are due to arrive on site.  Postponement of the start by the Employer within three days of the programmed date will incur a mobilisation charge calculated as cost plus 10% unless otherwise stated in the Company’s quote.

 

  1. The Employer is responsible for ensuring that the Company has unhindered access to the working area and for ensuring that the whole of the floor or deck area that relates to the Works is kept clean, clear and dry and free from the activities of others at all times. The Employer shall ensure that the Company has exclusive possession of the working area during all our operations, including preparation works. The Company shall be entitled to recover from the Employer the full cost of any Standing or Waiting Time caused by unavailability or unsuitability of the work area for whatever reason at the daywork rates listed in Clause 18 hereof.

 

  1. The Employer must make an adequate allowance in any associated contract programme for the contract work to be carried out as a non-critical activity. No charges or costs for delays against the company will apply unless the Employer has specifically notified the company of critical working and critical periods of completion before the order is placed.  The Contract Sum is based upon a five-day working week Monday to Friday 08.00 – 17.00 (unless stated otherwise) and makes no allowance for critical activity working, instructed overtime, night work and weekend working all of which is chargeable as extra to the Contract Sum.

 

  1. The number of visits set out in the Offer is included in the offer and any further visits are subject to a minimum mobilisation charge of £1800.00 per occasion (2-4 man team) unless otherwise stated in the Company’s quote.

 

  1. Unless otherwise agreed in writing, the Employer is responsible for all Statutory Notifications and the provision and maintenance of all necessary traffic and pedestrian management, barriers, signs, notices and all public health and safety requirements.

 

  1. The Employer shall provide a suitable (secure, warm & dry) space on site for storage and mixing materials and a convenient area for the tipping of loose aggregates, where required.

 

  1. The Company is responsible for the safe disposal of its own hazardous waste. The Employer shall provide skips or a convenient tipping area on site for the disposal of non-hazardous waste such as packaging, dust and debris. It is deemed to be accepted that the labelling on packaging relates to the original contents of the packaging but not the packaging itself.

 

  1. Electrical power (including 3 phase power outlets as required), offloading facilities (minimum 1 tonne capacity) platform hoisting, crane lifts, and suitable forklift trucks to suit site conditions and requirements, clean (rising mains) water, heating, lighting scaffolding, formwork, weather protection, protection of installed areas, access towers, diesel for site plant and gas bottles are to be provided free of charge by the Employer and as required, by the Company. Welfare and messing facilities are also to be provided free of charge by the Employer and made available for the use of the Company’s Operatives on or within close proximity to the area of working on the site.

 

  1. Outside Working.

 

Whenever, in the opinion of the Company, unsuitable weather or working conditions prevail, the Company may suspend the work for as long as considered necessary by the Company, to ensure both installation to the Manufacturer’s requirements and productive working. If the Employer insists that the Company’s operatives remain on site, contrary to the Company’s decision to suspend the works, to, for example, but not restricted to, persevere with unsuitable conditions or to take advantage of small windows of suitable weather that are not regarded by the Company as being  adequate to enable both installation to the Manufacturer’s requirements and productive working, the Company shall be entitled to recover, from the Employer, the full cost of standing time and or delay and disruption costs to regular and productive working at the daywork rates contained, herein, until such time as there is a return to the conditions that are, in the opinion of the Company, required to ensure both installation to the Manufacturer’s requirements and productive working.

 

  1. Neither liquidated damages nor any costs or charges will apply because of delays to our works due to weather, conditions arising from weather, unsuitable working conditions or conditions arising from the activities of others.

 

  1. The Employer shall carry out all protective measures such as masking to surrounding works, plant, equipment or adjacent surfaces before the Company attend site. The Employer shall also be responsible for protection of the works during and after completion of our work.

 

 

  1. Where screeding works or the like are being carried out the employer is to provide all necessary hoisting, incidental framework or temporary formwork and pumping facilities unless specifically stated in our quotation.

14.a Cutting and Dust extraction

The Company will provide localised dust and            water   extraction and containment. The area will        be left clean and tidy upon completion but no          provision is allowed for specific cleaning to any        higher specification.

 

  1. The Company or their sub-contractors shall solely carry out the contracted works. If the Employer undertakes any of the works or permits any third parties to attempt any of the works either prior, during or after completion, all of the Company’s liabilities and/or guarantees under the contract will be invalidated.

 

 

  1. The maximum amount of liquidated damages and/or other contra charges of any description including all and any claims, past present or future that can be levied against the Company under any contract agreement or liability shall be limited to a maximum of 5% of the order value of the Company’s work.

 

 

  1. All contracts entered into by the Company will be executed under hand. No contracts will be executed under seal unless by specific prior agreement and with a value of not less than one million pounds.

 

  1. Extra over charges to measured works for works undertaken on a daywork basis or for standing time (see above) will be as follows unless specifically amended by agreement for this contract:

 

  • Weekday normal working hours

Skilled Tradesman £40 per man hour

Labourer £20 per man hour

  • Weekday overtime Skilled Tradesman

from 17.01 to 23.59 – £60 per man hour

from 00.00 to 07.59 – £80 per man hour

  • Weekday overtime Labourer

from 17.01 to 23.59 – £30 per man hour

from 00.00 to 07.59 – £40 per man hour

  • Weekend normal working hours

Skilled Tradesman £60 per man hour

Labourer £30 per man hour

  • Weekend overtime from 17.01 to 07.59 & Sunday

Skilled Tradesman £80 per man hour

Labourer £40 per man hour

  • Bank Holidays (as weekend overtime & Sunday)

Accommodation/subsistence – £75.00 per man per day for sites outside 50 mile radius of BB12 7PN or 10 mile radius of SW8 4UN.

Materials: Trade list price plus 20%

Delivery: Invoiced cost price plus 20%

Plant: published hire rate plus 20%

Transport: £90.00 per van per day (or part thereof) plus £0.70/mile

 

  1. Title

Title in all goods supplied by the Company to the Employer for incorporation into the permanent contracted work will not pass to the Employer until such time that such goods have been paid for in full.

  1. Risk

Risk in the goods shall pass to the Employer upon the earlier of the following:

  1. Delivery of the materials to the installation site.
  2. Collection by the employer from our works or other agreed place.

 

Damage of any kind must be reported to the Company in writing within 24 hours of delivery or collection as above.

 

  1. Protection
    • Until such time as the Employer becomes the owner of the Goods the Employer will store them on his premises separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the Goods of the Company.
    • The Employer is licensed by the Company to agree to sell all the Company’s Goods subject to the express condition that the entire proceeds thereof are held in trust for the Company and are not mingled with other monies or paid into any overdrawn bank account and shall be at all times identifiable as the Company’s money.
    • The Company may for the purpose of recovery of the Goods enter upon the premises        where they are stored or where they are      reasonably thought to be stored and may     repossess the same.
    • If goods the property of the Company are mixed or in any way incorporated with goods which are        the property of the Employer             or are processed with or incorporated therein, the product thereof shall become and/or shall be       deemed to be the sole and exclusive property of      the Company. If goods the property of the      Company are mixed or incorporated in any way       with goods the property of       any other person         other than the Employer or are         processed        with or incorporated therein, the product thereof shall become or shall be deemed to be owned in common with that other person.

 

  • Notwithstanding that the property in the Goods may not have passed to the Employer, the Employer shall carry all risk of loss of and damage to them when the Goods are collected, delivered or installed in accordance with Clause 20 above.

 

 

  • From when the risk of loss and damage to the Goods commences to when the company is paid in full for them the Employer shall:-

21.6.1 indemnify and keep indemnified the Company against all loss of and damage to the Goods and against any reduction in the resale value thereof below the price to be paid by the Employer.

21.6.2 insure and keep insured the Goods in an amount at least equal to the price to be paid therefore by the Employer; and

21.6.3 hold upon trust for the Company absolutely all proceeds of such insurance.

 

 

 

 

  • The Company will not commence work until a programme of work has been agreed with the Employer giving specific starting and completion dates. Such a programme together with an order to proceed must be in writing.  Such agreement may not be unreasonably withheld.  The Company will not be responsible for any delays to the programme arising from any of the events described in Clause 12, hereof, such as weather conditions, fire, civil commotion, strike, lockout or accident or any other matter for which the Company is not directly responsible.  The Company will charge for any delay at standing time rates as Clause 18, herein, occurring for reasons on site outside their control.

 

  • No variation or omission to the works shall be negotiated with or issued to our site operatives. Any additional works or variations to the work must be agreed prior to work commencing with the named Company representative who will promptly confirm such a variation in writing.  Any instruction given by the Employer not in accordance with the above will be charged at the value notified by the Company.  If additional work is required by the Company to progress the works, the Employer shall agreeing such work with the Contracts Director in accordance with this clause.

 

  • Verbal Instructions from the Employer, where confirmed in writing by the Company shall be deemed to be agreed and payable variations to the Contract to be valued either as confirmed or, in the absence of such confirmation, in accordance with the terms hereof, unless cancelled or refuted by The Employer, in writing and emailed to the Company’s HQ either by 16:30 on the day of receipt of confirmation, or, at the latest, before commencement of any work pursuant to such instructions on site.

 

  • Unless otherwise stated in the Contract particulars, payments shall be received by the Company within 28 days from date of invoice.

 

  • Commencement of work on site, notwithstanding that no formal contract has been executed, shall be deemed acceptance of these conditions. Notwithstanding any condition contained in any enquiry documents or subsequent contract or order, these conditions shall prevail, unless specifically agreed in writing by the Contracts Director of the Company.

 

  • Should the Employer cancel the works at any time after the issue of a written order he shall remain liable for payment of the full order value to the Company.

 

  • The Company shall be entitled to recover any loss and expense incurred as a result of a variation to the Contract. This includes recovery of re-stocking costs in the event of a significant reduction or omission resulting in surplus materials remaining on site.

 

  • Terms of payment for overseas works:

 

  • EU Countries:

 

  • All prices are strictly nett and exclusive of taxes of any description.
  • No retention of any description shall apply.
  • Payment shall be received, in the sums due, within 7 days of the following events
    • 10% of the contract sum on placement of order.
    • A further 25% of the contract sum upon commencement of manufacture of materials.
    • A further 25% of the contract sum upon commencement of shipping.
    • A further 25% of the contract sum upon arrival of materials on site.
    • The remaining 15% of the contract sum in stages following weekly re-measurement of installed work.
  1. All payments to be made in UK£ unless otherwise agreed in writing by the named Company representative.

 

  • None EU Countries:

 

  • Payment shall be made on a Pro Forma Invoice basis.
  • Payment shall be made in UK£ Sterling.
  • No works or procurement of materials shall commence until payment has been received in full.

 

  • Where any warranty is offered, liability does not extend to cover any problems as a direct result of failure or excessive movement within the substrate.

 

  • Interest will be charged at a rate of 5% per month, or part thereof, on any monies due to the Company, which have not been received in accordance with these conditions. Such charges will become due and payable by the Employer as a variation to the Contract Sum. This rate is deemed to be accepted by the parties as a commercially reasonable rate.

 

  • In the event of Contractual Dispute, it is the standard policy of the Company to make best efforts to resolve such disputes without recourse to legal proceedings. If, notwithstanding such best efforts, the Parties to the dispute are unable to resolve the matter between themselves, the Company will refer the matter to Adjudication. Arbitration or Litigation as deemed appropriate.

 

  1. HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 as amended by the LOCAL DEMOCRACY, ECONOMIC DEVELOPMENT AND CONSTRUCTION ACT 2009

35.1    This clause and sub clauses apply only to any contract which is a construction contract under the above Acts or any subsequent Acts and shall, where applicable, replace rights and obligations elsewhere in these terms and conditions. Otherwise the remaining terms and conditions shall remain in full effect.

35.2 Payment

35.2.1 The employer shall, at intervals of not more than 4 weeks calculated from the date for commencement of the works certify progress payments to the total value of the work properly executed and the materials and goods properly brought upon the site for the purpose of the works. The certificate shall state to what the progress payment relates and the basis upon which it has been calculated. The final date for payment by the employer of the amount so certified shall be 14 days from the date of issue of that certificate.

35.2.2 Not later than 5 days after the date of issue of a certificate of payment the Employer shall give a written notice to the company which shall specify the amount proposed to be made, to what the amount relates and the basis on which that amount was calculated.

35.2.3 Not later than 5 days before the final date for payment the employer may give a written notice to the company which shall specify any amount proposed to be withheld and/or deducted from the amount due, the grounds for such withholding and the amount of withholding attributable to each ground.

35.2.4 Subject to any notice given in 35.2.3 above the employer shall no later than the final date for payment pay the company the amount specified in the notice in 35.2.2 the amount stated as due in the certificate.

35.2.5 Without affecting any other rights and remedies of the company, if the employer, subject to any notice given under 35.2.3 above fails to pay the company in full by the final date for payment and such failure continues for 3 days after the company has given the employer written notice of his intention to suspend performance the company may then suspend such performance until payment in full occurs.

 

  • Adjudication
    • If a dispute or difference arises under this contract which either party wishes to refer to adjudication, the dispute shall be referred to an adjudicator nominated by the President or any appointed deputy of the royal Institution of Chartered Surveyors. The adjudication shall be carried out under the rules of The Scheme for Construction Contracts (England and Wales) Regulations 1998 Part 1 [S.I. 649/1998] or any subsequently enacted change.

 

  1. Save as expressly provided herein the Company shall exclude any warranty condition or statement express or implied statutory or otherwise as to quality workmanship or fitness of the Goods or the Installation and the Company shall not be liable for any injury loss or damage of whatsoever nature and however arising in connection with any defective or unsuitable Goods or Installation whether original or replaced except in so far as such liability cannot lawfully be excluded from the Contract and the Company shall not in any event be liable for loss of profit or any other form of consequential loss.
    • No terms conditions guarantees representations or undertakings made to the Employer by any of the Company’s salesmen agents employees or representatives shall be binding unless confirmed in writing by the Company.

 

  • In the event of the Goods developing under proper use any defect (other than in respect of fair wear and tear corrosion accident or by any action omission or neglect of the Employer or his Agents) the Company shall at its own expense replace or repair such Goods as are defective so as to remedy the defects.

 

36.3 No other liability for loss whether direct or indirect is accepted by the Company.

 

  • The Company shall be under no liability pursuant to 36.2 above (or any other warranty condition or guarantee) if the total price for the Goods, or Installation, or Service has not been paid by the due date for payment.

 

  • No defect shall be remedied pursuant to 36.2 above unless notice in writing is given within the Guarantee Period which shall not in any event exceed 6 months from the date of Completion unless specifically amended by the company under the terms of this particular contract. Any alteration to the standard 6 month guarantee period is specific to this contract and shall not be considered as a precedent for any previous or future contracts.

 

  • Reasonable time must be provided for the Company to remedy the defect.

 

  • No defect shall be remedied pursuant to 36.2 above if any repairs or remedial work have been carried out by any persons other than the Company without the Company’s prior written approval and the Company can accept no liability for the loss or damage of any kind or liability to a third party as a result of such repairs or remedial work.
  • The Employer and the Company shall enter into the Contract in the knowledge that the liability of the Company is to be limited in accordance with these terms and conditions and the price shall be agreed accordingly. The Employer acknowledges that a higher price would be payable but for such limitations.

 

  • Health and Safety

37.1 To the best belief of the Company all Goods comply in all respects with the requirements of the Health and Safety at Work Act as currently published (“the Act”) or other relevant safety legislation currently in force at the date of quotation. Subject as hereinafter provided if a competent authority under the Act declares that the Goods are unsafe or a risk to health in any respect the Employer shall notify the Company immediately and the Company shall at the Employer’s expense make such modifications to the Goods or supply such additional or replacement parts for the goods as such authority shall consider necessary to ensure that the Goods comply with the requirements of the Act.

37.2 The Employer shall ensure that the Goods will be safe and without risk to health when properly used and in particular (without prejudice to the foregoing) the Employer shall ensure that the Goods are used in accordance with any instruction manual which the Company may supply. If the Employer fails to comply with the foregoing provisions of this clause then (i) the Company shall be relieved of its liability (if any) to the Employer under the Act or under subparagraph (a) of this Condition or otherwise howsoever to the extent that such liability would not have arisen but for such failure and  (ii) the Employer shall indemnify the Company against all claims by third parties and all penalties for which the Company may be liable pursuant to the Act otherwise howsoever to the extent that such liability would not have arisen but for such failure.

 

  • The Employer shall undertake to indemnify the Company against all claims (other than claims for which the Company is liable under condition 36.2 above) relating to the Goods or the Installation in respect of any loss damage or expense whatsoever and howsoever arising whether such claims be made by the Employer or any third party and whether they be made in respect of contractual or tortious liability breach of statutory duty or any other liability.

 

 

40.Delivery and Installation (if installation be part of the Contract) shall take place at the premises specified on the Company Acceptance letter or official purchase order.

40.1 Any date for delivery of Goods or for the Installation or the provision of the Service stated in the Contract will be given in good faith and every endeavour will be made to adhere to it but time shall not be of the essence of the Contract for the performance of the Company’s obligations. Any times quoted for delivery and installation are estimates only and the Company shall not be liable for failure to deliver or carry out the Installation within the time quoted. All estimates of delivery times start from receipt and acceptance of order and receipt into the company bank account of cleared funds equal to the deposit payment.

40.2 Unless specified to the contrary in writing by the Company the Employer shall unload the Goods immediately upon the arrival at the premises.

Delivery and Installation shall not be hindered by any obstruction or impediment on the premises. The premises shall not be in such a state as shall in any manner affect delivery and installation of the Goods and the premises shall in all respects be suitable for delivery and Installation with good roads up to the place of delivery. Any time lost by the Company as a result of the Employer’s failure to comply with this clause will be charged extra to the Contract Price at the Company’s prevailing daily rate.

40.3 The preparation and construction of foundations, access and supporting structures, structural or other building alterations, and the provision of appropriate electrical supply are not included in the Contract and must be prepared by the Employer prior to the commencement of the Installation unless expressly agreed in writing.

 

  1. Prices

41.1 Unless otherwise agreed in writing by the Company all prices quoted are exclusive of:-

(i) Value added tax, import and export duties and taxes and all other government levies of any description, installation charges and carriage.

(ii) foundations and supports

(iii) builders and all other trades work

(iv) Supply and erection of scaffolding, ladders or movable platforms hoisting and lowering gear.

(v) the cost of fuel and water for testing and other purposes electric current for motors and lighting

(vi) fees of District Surveyors, Architects, Quantity Surveyors, Structural Engineers, Insurance Inspectors or any other inspecting authority.

  1. Prices of Goods and/or Services quoted by the Company apply for a maximum of (six) months from the date of acceptance of order by the Company. If at any time between the date of acceptance of order by the Company and completion of the contract any rise occurs in the costs the contract price shall be increased by such amount as shall fairly represent the increase in costs to the Company.

In the event of dispute such increases shall be determined by the Company’s auditors whose decisions shall be conclusive and binding. Such increase or increases shall be payable by the Employer in addition to the quoted price on the due date for payment or within thirty days of the actual date of delivery whichever is the later.

Where the price is payable by instalments the increase will be payable with the next instalment due after notification of such increase.

 

  1. The Price is based upon the assumption that a clear, level and plumb site is available and ready for reception, erection and installation of the Company’s equipment and that clear access is available for the Company’s normal transport and that its employees have uninterrupted access at all times to carry out their work.

Any delays and additional visits to site thus caused are subject to an additional charge.

43.1 The price may be increased to recover all costs legal or otherwise which are incurred to obtain payment.

 

 

  1. Cutting Sheets based upon site measurements shall be prepared by the Company unless otherwise agreed in writing and shall be prepared on the basis of the information and criteria supplied by the Employer to the Company prior to the Contract. The Company shall not be liable for the Employer’s error or omission, or for unfitness for purpose or for any patent or copyright infringement. The Employer shall indemnify the Company against all claims demands damages penalties costs expenses or liabilities in respect of the infringement or alleged infringement of any letters patent registered design copyright or other intellectual property rights or breach of confidence resulting from or arising in the course of the performance of the Contract in accordance with these terms and conditions.
    1. Where the Company has prepared cutting sheets, drawings or other like material the copyright and all other rights in such material shall remain with the Company unless expressly agreed to the contrary.
    2. The Company reserves the right to make any charges in the specification of the Goods which are required to conform to any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Company’s specification, which do not materially affect the quality or performance.
    3. The Company shall accept no liability for any minor deviation from the Contract nor shall such deviation be made the basis of any claim against the Company.
    4. The Employer shall provide such complete instructions particulars information and materials if specified as shall be necessary or required by the Company to enable the Company to complete the Contract.

 

  1. The Employer or his duly appointed agent may authorise the carrying out of extra work and of variations to the Services but the Company shall not be obliged to do any extra work or to make variations until:-

(a) the same shall first have been authorised in writing by the Employer or his agent and agreed  in writing by the Company.

(b) the price of such variation will be at the Company’s current rates ruling at the time of supply unless otherwise stated by the Company

 

  1. In addition to any other right or lien to which the Company may by law or the other terms hereof be entitled the Company shall be entitled to a general lien on all the goods and property of the Employer in the Company’s possession whether paid for or not and a right of sale of such goods and property at the Company’s sole discretion for any unpaid money due under the terms of any contract between the Company or any Associated Company of the Company and the Employer or any Associated Company of the Employer.

46.1 For the purposes of this clause a company is to be treated as another’s ‘Associated Company” if one of the two has control of the other (whether directly or indirectly) or both are under the control of the same person or persons (whether directly or indirectly) and for the purposes of this definition the express “control” shall have the meaning attributed thereto by Section 302 of the Income and Corporation Taxes Act 1970.

  1. The Company shall have the right to put any goods or property over which it has a lien into a saleable state by any means whatsoever and (without prior notice to the Employer) to sell such goods whether by private treaty or otherwise on such terms as the Company may agree at the Company’s sole discretion.

Out of the proceeds of sale the Company shall be entitled to retain a sum equivalent to all unpaid monies due to it from the Employer as aforesaid together with the cost of putting the goods into a saleable state as aforesaid and the expenses of sale and any balance shall be paid to the Employer.

 

48.Notwithstanding that a sample of the Goods be exhibited to and inspected by the Employer such sample is so exhibited and inspected solely to enable the Employer to judge for itself the quality of the bulk and not so as to constitute a sale by sample. The Employer shall take the Goods at its own risk as to their corresponding with the said sample and subject to the normal variation between bulk and sample accepted by the trade. It should be clearly understood that in many cases the materials used are natural products and as such are subject to variations in colour, texture etc. and no claim due to these variances will be accepted.

 

 

  1. If the Company shall make available to the Employer at the Employer’s premises the services of any of its employees in respect of the Services including offloading, installation, repair or maintenance of the Goods or the instruction of the Employer’s employees on the use or proper working of the Goods, such services shall be provided on the following conditions unless otherwise agreed by the Company in writing:-

 

(a) The Employer shall pay the Company for the services of its employees at the then current Day Rates as advised by the Company exclusive of all accommodation, travel and subsistence expenses incurred by such employees for which the Employer shall reimburse the Company direct. Any overtime shall be charged at the Company’s current overtime rates.

(b) The Employer shall be liable for the provision of adequate accommodation on or near the Employer’s premises transportation to and from such premises and adequate medical services for the Company’s employees.

(c) The Employer shall ensure safe and healthy working conditions for the Company’s employees at the Employer’s premises and shall comply with all relevant safety and other legislation.

(d) If the Company’s employees are unable to carry out their work at the Employer’s premises for whatever reason either the Employer or the Company may require that the contract under which their services are made available to the Employer be suspended and the employee recalled to the Company until the work can be resumed and the Employer shall pay the extra travel costs and all other costs incidental to such supervision.

(e) The Company’s employees shall under no circumstances carry out any work at the Employer’s premises other than in connection with the Goods and/or Services.

(f) The Company’s employees shall not work overtime at the Employer’s premises except on terms agreed in writing between the Company and the Employer.

(g) The Employer shall provide at its expense all materials, machinery, equipment, staff and other facilities reasonably required by the Company’s employees. “Materials” shall include but not be limited to all consumable items required in demonstrating the use and proper working of the Goods.

(h) The Company may in its absolute discretion at any time recall some or all of its employees from the Employer’s premises or replace some or all of them with others of its employees.

(i) The Company’s employees shall remain at all times under the control and supervision of the Company.

 

  1. The Employer shall not use the Goods or any specifications or drawings for the purpose of designing or manufacturing identical goods without the Company’s prior written consent. All patent, registered design, copyright and other industrial property rights in or in connection with the Goods which the Company may have shall remain the property of the Company.

(b) The Employer shall indemnify the Company against all damages, penalties, costs and expenses to which the Company may become liable as a result of work done in accordance with the Employer’s instructions which involves the infringement of any letters, patent trade marks. copyright or registered design.

 

 

  1. Subject to any special terms for payment agreed in writing between the Company and the Employer, the Company shall be entitled to invoice the Employer for the Contract Price on or at any time after delivery of the Goods or completion of the Installation or the Service. Where the Goods are to be delivered by instalments, the Company may invoice the Employer for a proportion of the Contract Price attributable to each instalment on or at any time after delivery of such instalment

 

  1. Payment terms are as follows unless expressly agreed in writing by the Company:
    1. Payment by cheque is not accepted, should this be the only form of payment available an administration charge of £40 per cheque will be charged.
    2. Supply only – Full payment will be required upon placing an order unless a credit account has been approved. Payment can be made by bank transfer or by card payment over the phone.  Credit card payments will incur a card handling fee.
  • Supply, manufacture and Install – materials are to be paid for 100% in advance, manufacture 60% advance and 40% prior to collection or installation. Where a credit account has been approved materials are still to be paid for 100% in advance.
  1. Returns
  2. A 20% restocking charge will be made for any goods returned for credit.
  3. Delivery cost will not be refunded, however, if the material is sold inclusive of delivery cost, we will be entitled to recover a reasonable cost on returned goods.
  4. All returns must be in the original packing and be unopened.
  5. No credit will be given for any material returned damaged.
  1. We will not accept returns on orders manufactured according to client’s specifications, i.e. cut-to-size.
  2. We will not accept returns on SPECIAL PRICED or CLEARANCE of stock orders.

 

The Company shall be entitled to charge the Employer £20.00 plus VAT for each cheque which is not paid on presentation.

 

  1. The time of payment of the Contract Price (including any instalment) shall be of the essence of the Contract. If the Employer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries or Installation or the Service under the Contract.
    • No payment may be withheld nor any sums owing to the Employer set off against any payment due hereunder without the consent in writing of the Company.
  2. The Company shall add to the Contract Price the cost of extras ordered test alterations commissioning additions or any other work undertaken at the request of the Employer.
  3. The company may request evidence from the employer of its ability to pay at any time during the currency of the contract. If such evidence, to the satisfaction of the company, is not provided within 3 working days all future deliveries may be suspended and the contract value in full will become due and payable.

 

The Company shall not be under any liability of whatever kind for non-performance in whole or in part of its obligations under the Contract due to causes beyond the control of the Company or beyond the control of the Company’s suppliers including but not limited to war (whether an actual declaration thereof is made or not) sabotage insurrection riot or other acts of civil disobedience acts of the Employer or third party failure or delay in transportation acts of any Government or any agency or sub-division thereof Governmental regulations judicial actions labour disputes strikes embargoes illness accident fire explosion flood tempest or other acts of God delay in delivery to the Company or to the Company’s suppliers or shortages or labour fuel raw materials or machinery or technical failure. In any such event the Company may without liability cancel the Contract or vary the terms of the Contract including but not limited to extending the time of performance of the Contract for a period at least equal to the time lost by reason of such clauses.

 

  1. This clause applies if:-
    1. The Employer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or
    2. An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Employer; or
  • The Employer ceases, or threatens to cease to carry on business; or
  1. The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Employer and notifies the Employer accordingly.
  1. If this clause applies then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries or Installation or Service under the Contract without any liability to the Employer.
  2. If on the happening of any of the events listed in clause 56 the Goods or any part thereof have been delivered but not paid for the Contract Price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary, and where Installation is part of the Contract or where Services are to be provided under the Contract, there shall be due and payable a fair sum by reference to the amount of Installation or the Service completed and the Contract Price.

 

  1. The Contract shall be subject to section 6 of the Health and Safety at Work Act 1974 and any subsequent enactments and the Employer shall indemnify the Company in respect thereof.

 

  1. Upon completion of the contract work by the company the Employer shall sign a Certificate of Satisfaction whereupon the contract shall be deemed to be complete and the contract work accepted without reservation and the parties agree that the signed certificate shall be conclusive evidence of this.

 

  1. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999

Notwithstanding any other provision of these conditions, nothing in this contract confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

 

  1. GENERAL

Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered office or principal place of business or such address as may at the relevant time have been notified pursuant to this provision to the party giving notice.

 

No Waiver by the Company of any breach of the Contract by the Employer shall be considered as a waiver of any subsequent breach of the same or any other provision.

 

If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions, and of the remainder of the provision in question, shall not be thereby affected.

 

The headings appearing in these terms and conditions are for guidance only and shall not in any way be deemed to affect the interpretation or effect thereof.

 

Unless otherwise agreed in writing the Contract shall in all respects be construed and operate according to English Law and shall be subject to the exclusive jurisdiction of the English Courts.