General Terms and Conditions of Business
The following terms and conditions apply to all quotations and to all orders accepted by Delta Obstruction Lighting Limited (hereinafter called “the Company”) for all work undertaken by them. The general or standard terms and conditions of the Customer or Purchaser (if any) are excluded from the contract.
1. BASIS OF ESTIMATE
(a) All quotations are solely an indication of the costs of work undertaken by the Company under their terms and conditions of business at the date of the quotation and do not constitute an offer for acceptance.
(b) All prices quoted are subject to alteration or withdrawal without previous notice except where the Company expressly stipulates that the price should remain firm for a specific period.
(c) All orders placed for work undertaken by the Company are deemed to be an offer and are not binding upon the Company unless and until accepted by the Company in writing.
(d) The price shown in quotations (Hereinafter called “the price”) makes no provision for the costs of work of other trades or the cost of electricity supply for temporary lighting and power and the customer shall reimburse the Company such costs which shall be added to the price and payable in like manner.
(e) The price is calculated upon the footing:-
(i) That no requirements as to working beyond ordinary working hours or overtime or on night shifts are imposed by the Customer. Any increase in wages caused by any changes in such Agreement and any such requirements by the Customer as aforesaid shall entitle the Company to such increment to the price as shall be appropriate.
(f) The price having been calculated on the basis of costs ruling on the date of the quotation shall be adjusted by adding additional costs incurred by the Company by reasons of any of the following:-
(i) Any increase or decrease after the date of the quotation in respect of the prices of materials or commodities required in the execution of work.
(ii) Any increase or decrease after that date in the authorised wages payable to workmen employed on the site or in the workshops of the Company or any Sub-Contractor or in costs such as employers liability insurances which vary in proportion to wages.
(iv) The imposition by any Statute Order Regulation or Direction coming into operation after that date and having the force of law.
(v) The cost of Transport.
(g) The value of any additions to or deductions from the price which fail to be made under these conditions shall be allowed for in computation of the value of work done for the purpose of all applications and payments from time to time under condition 13 thereof.
(h) The words “Provisional Sum” where used in the quotation will indicate a reasonable amount included therein to cover a specific item of work but with no guarantee and the estimate is subject to adjustment by substituting for the provisional sum where the item of work is carried out by a sub-contractor the amount payable to such sub-contractor plus the supervisory charge not below 5% or where the item of work is carried out by the Company a fair price thereof.
(i) If during the execution of the work the materials or commodities available for its execution are not exactly as specified, alternative materials or commodities will be arranged between the Company and the customer but if the materials so substituted vary in price from those specified in the quotation the price shall be increased or decreased accordingly. The non availability of materials required in the execution of the works shall not vitiate the agreement if substitute materials of similar quality are available.
(j) Except as expressly agreed the Company shall provide all labour materials and equipment necessary for the proper execution of the work but shall not be bound to supply materials of a better quality than is reasonably procurable. Every care will be taken in the use and fixing of materials or goods (If any) to be supplied by the Customer but no responsibility for their suitability or for damage caused to them during or after fixing is accepted.
(k) Sound materials suitable for their respective purposes will be used but are supplied subject to any conditions of sale attached thereto by the manufacturer or supplier. In the event of any materials proving faulty the Company’s liability for making good is limited to such amount as may be recovered from the manufacturer or the supplier.
(l) Safe storage accommodation is to be provided by the Customer for all materials and equipment for use in connection with the execution of the work and the Customer shall also accept and hold safe all such materials and equipment delivered before the Company arrive on site.
2. PROGRESS OF WORKS AND COMPLETION
(a) The Company shall be given possession of the site immediately after acceptance by them of the Customer’s order or at such other time as shall be agreed between the Company and the Customer but the date agreed for completion is subject to alteration in the event of delays occurring through inclement weather strikes or lockouts affecting the building industry additions or variations to the works described in the quotation or any causes beyond the Company’s control.
(b) The Company shall be entitled to such extensions of time for the performance of the work as may be reasonable for any delay and execution thereof not attributable to the fault of the Company howsoever caused. In the event of any loss of expenses being caused to the Company by reason of the progress of the works having been so delayed or having been impeded or by the delay of Sub-Contractors or tradesmen employed in executing work not forming part of the contract then the amount of such loss shall be added to the price.
(c) Delays in completion howsoever caused shall not render the Company liable for any loss or damages occasioned to the Customer by such delay.
3. VARIATION OF WORK
(a) The work may be varied by agreement between the Company and the Customer in writing by the addition, omission or substitution of any work and no such agreed variation shall vitiate the contract. Such variations must be authorised by the Customer in writing and in default of agreement as to the value which should wherever practicable be made before the variation is carried out shall be valued at a fair amount having regard to the circumstances in which the variation was authorised and carried out.
The value of such variations shall be added to or deducted from the price as the case may be.
The Company shall be entitled at their discretion to sub-contract any part or parts of the work.
5. LOCAL AND OTHER AUTHORITIES NOTICES AND FEES
The Customer warrants and undertakes that he has given or will in due time give all notices and comply with the requirements of any Acts of Parliament Regulations and/or By-Laws of any Local Authority National or Public Service utility Company or Authority affected by the works or from whose system any installations on the site will be disconnected and in particular that he has obtained every Licence permission or authority required for execution of the works and that he will pay the fees or charges payable by law under such Acts Regulations and/or Bylaws in respect of the work and any disconnection as aforesaid and will reimburse the Company any amounts expended by the Company for any of such purposes as an addition to the price unless expressly allowed for in the price.
The Customer shall take necessary precautions to prevent trespass on the site and shall indemnify the Company against all third party claims or claims by the Customer for damage by trespassers.
7. OWNERSHIP OF MATERIALS RECOVERED
(a) All materials severed from the site by demolition or clearance shall become the property of the Company and shall be removed from the site during the period of execution of the work there being excepted from this provision.
(i) All items required to be recovered for the Customer as specified in the quotation which excepted items unless otherwise provided shall be left on the site.
(ii) Any ancient relics discovered on the site which shall be handed over by the Company to the Customer against his receipt therefor.
(b) The Company shall be entitled to use materials recovered from the site other than those to be recovered for the Customer for temporary works.
8. FACILITIES FOR OTHER WORKS
The Company shall have sole control of the site during the execution of the work but will without liability for the safety of such persons by prior arrangement with the Customer allow reasonable facilities for the execution upon the site by other persons of work not included in the contract provided that the same shall not impede the progress of the work add to the cost thereof be contrary to any regulations or be in the opinion of the Company prejudicial to the safety help or welfare of such other persons and if such arrangement adds to the cost of the work the additional cost shall be added to the price.
The Customer free of charge to the Company provide safe and proper accommodation on the site to the reasonable requirements of the Company for the storage of all materials and other items required to be recovered for the Customer and from time such materials and items are deposited at the accommodation so to be provided they shall be at the Customer’s sole risk in all respects.
10. VESTING OF MATERIALS
All plant materials and equipment of any kind whatsoever which are brought on to the site by the Company but are not intended by the Company for incorporation in the work shall remain the property of the Company in any event.
11. RESPONSIBILITY FOR CONTRACT WORK
The Customer is entirely responsible for and holds at his own risk all work of structures as and when each part thereof is completed or handed over to or occupied by or taken into use by the Customer whichever shall first occur.
12. THIRD PARTY INSURANCE
The Customer shall advise their insurers that building works are being carried out on this property and satisfy himself that he is adequately covered by insurance against loss or damage by fire or other risks including liabilities arising out of and during the progress of the building operations.
Except as mentioned below the Company will, so far as is practical, insure against normal legal liability (In torte or by statute) in respect of claims by Customers or other third parties up to a limit of £2m (For property damage claims arising out of weakening or removal of support a limit of £2m will apply).
The Company’s insurance does not apply to:-
(a) Contracts for felling or involving the use of explosives.
(b) Any damage to property which is the inevitable or foreseeable consequence of the performance of the work in accordance with contract.
The Company shall be under no liability for any such damage or the consequences thereof and the Customer shall indemnify the Company in respect of any claim arising against it from these causes.
(c) Loss of, or damage to the actual property on which we, or our Sub-Contractors are, or have been working on whether due to the negligence or otherwise of ourselves, or any persons for whom we are responsible.
The following terms of payment shall apply to the contract:-
(a) If the Company applies to the Customer for interim payment
(i) At any time during the progress of the work the Company may make application to the Customer stating the total value of work done including the value of work (If any) carried out in accordance with the variation orders and of materials properly delivered to the site for incorporation in the work or held in our stores of works pending delivery. Within 14 days of the receipt of such application the Customer shall pay to the Company the full amount so stated less only the amount of any instalments previously paid and the amount which may be retained by the Customer in accordance with sub-clause (ii) of this condition.
(ii) If the Company specially agrees in writing the Customer may retain until such times as specified in sub-clause (iii) hereof 10% of each amount due under clause 13(a) hereof provided that the sum of the amount so retained shall not exceed the total of 5% of the price.
(iii) The Customer shall within 14 days of the date of notification of completion of the works release to the Company all sums retained by the Customer under Condition 13(a) hereof and shall within 7
days of delivery of final accounts discharge such accounts in full.
(b)If interim payments have not been applied for.
(c) Any sum disputed by the Customer must be notified to the Company in writing within 14 days of receipt of invoice.
(d) Any cancellation of order after acceptance by the Company will, at the company’s discretion and subject to any costs already borne by the Company, be charged at 15% minimum calculation charge
(e) The Company reserves the right to charge daily interest calculated at a rate of 4% above National Westminster Bank’s base rate on any sum properly invoiced and not settled by the due date.
Payment to the company shall be made within 30 days of the date of an invoice submitted to the Customer by the Company.
14. CONSEQUENTIAL LOSS OR DAMAGE
(a) The Company’s responsibility is limited to the execution of the work undertaken and the Company shall not be responsible to the Customer for any consequential loss, damage or injury whatsoever and howsoever arising and the Customer shall indemnify the Company in respect of any such loss, damage or injury.
(b) In the event of damage to or loss of the work or materials which are at the Customers risk under these conditions the Customer shall pay to the Company the cost of replacing materials intended to be incorporated in the work and of reinstating completed and uncompleted work intended to be incorporated in the work as if the same were in addition ordered under condition 3 hereof and the Customer shall indemnify the Company against such loss or damage as aforesaid.
15. DETERMINATION BY THE COMPANY
(a) If the Customer shall at any time fail to make payments in accordance in all respects with condition 13 hereof or if he shall commit any act of bankruptcy or make or enter into any Deed of Arrangement or composition with your creditors or being a Company entering into liquidation (Whether compulsory or voluntary except for the purpose of reconstruction or amalgamation) or suffer or allow any execution whether legal or equitable to be levied on his property or obtained against him or if the whole or substantially the whole of the execution of the work shall be delayed for more than 4 weeks by circumstances outside the Company’s control or if the Customer shall request a variation alteration omission or substitution of the work to which the Company is not willing to agree the Company may without prejudice to any other rights or remedies thereupon by written notice by registered post to the Customer determine the contract.
(b) Upon such determination without prejudice to the accrued rights of either party the respective rights and liabilities of each party shall be as follows:-
(i) The Company shall with all reasonable care despatch and subject to the provisions of sub-clause (ii) of this clause move from the site all their property.
(ii) The Company shall be paid by the Customer (Less only the amount of the instalments previously paid):
(a) The fair value of all work completed at the date of such determination.
(b) The fair value of work begun and executed by not completed at the date of such determination.
(c) The value of any unfixed materials and goods delivered upon the site for use in the works the property which is passed to the Customer.
(d) The cost of materials or goods properly ordered for the work for which the Company shall have paid or of which they are legally bound to accept delivery which materials or goods shall on payment by the Customer of the cost in full become the Customer’s property.
(e) The reasonable cost of the Company’s removal including the cost of removing its equipment machinery, stores and materials.
(f) Any loss or damage caused to the Company by reason of such determination.
Provided that in addition to all of the remedies the Company upon such determination take possession of all materials which may become its property under the General Conditions and Terms of Business.
16. CREDIT FOR REMOVED MATERIALS
Unless otherwise specified credit has been allowed for any materials necessarily removed to allow the execution of the work.
17. All conditions warranties and liabilities expressed or implied whether under Common Law Statute or otherwise in relation to merchandise goods or commodities supplied by the Company or work executed by the Company are expressly excluded and in lieu thereof the Company undertakes to use its best endeavour to secure a fair and reasonable standard of materials and workmanship.
18. FLUCTUATING AND FIXED PRICE
Fluctuating means we reserve the right to adjust our invoice up or down to take into account any rise or fall of labour or material costs from the date of our quotation or estimate.
Fixed means that in formulating our price for the work we have taken into account all the probable and reasonable foreseeable cost increases and market trends to reach a basis to hold the price fixed until the date stated. Any unreasonably high or unforeseeable increases which could be called unpredictable will be the subject of negotiation on completion.
If at any time any question dispute or difference whatsoever shall arise between the Customer and the Company upon in relation to or in connection with the contract either the Company or the Customer may give to the other notice in writing of the existence of such question dispute or difference and the same shall be referred to the arbitration of a person to be mutually agreed upon or failing agreement to some person appointed by the President for the time being of the Royal Institute of British Architects. The submission shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act 1959 or any statutory modification thereof.
20. HEALTH AND WELFARE
It is assumed that whilst on site the Company’s operatives can use the Clients welfare arrangements to enable the Company to comply with Regulation 4 of the Construction (Health and Welfare) Regulations 1966. The free facilities required are listed below.
First Aid. Shelter and accommodation during inclement weather for clothing and personnel and meal time facilities. Washing and sanitary.
21. INEVITABLE DAMAGE
Some work on chimneys and high buildings can cause inevitable damage to parked cars in the vicinity of the job, ie: painting and cleaning. Wind carries dust, spots of paint and small pieces of masonry however slight and this settles on vehicles. It is the responsibility of the Customer to ensure that car parking is restricted adjacent to the work being undertaken bearing in mind that the wind can carry such particles a considerable distance.
We will bring this to your notice but the responsibility for such minor damage must be the responsibility of others