No variation of these terms and conditions is agreed unless by a director of the contracting company in writing.

Transcription

1 CONDITIONS OF CONTRACT FOR ELECTRICAL CONTRACTING SERVICES (SOUTH WEST) Ltd. NOTICES 1.1 The Contract documents consist of these conditions; the quotation attached shall form part of any contract with Electrical Contracting Services (South West) Ltd. and shall apply to any documents referred to therein, 1.2 These terms and conditions exclude any other terms and conditions inconsistent therewith which a client might seek to impose even though such other terms and conditions may be submitted in a later document and/or purport to exclude or supersede any terms or conditions inconsistent with them or may be contained in any offer acceptance or counter offer made by the buyer or client. No variation of these terms and conditions is agreed unless by a director of the contracting company in writing. Any drawings, specifications and documents supplied with this quotation remain the property and copyright of the contractor. Consequential loss. The contractor shall no be liable for any consequential or indirect loss suffered by the client whether this loss arises from breach of duty in contract or tort or in any other way. The Contractor and the Client shall mean the persons and /or firms so designated overleaf. 1.3 These conditions shall apply without deletion, substitution or amendments unless expressly so agreed in writing by the Contractor. 1.4 The Contractor shall carry out and complete the works described in the contract documents in a good and workmanlike manner. If there is any inconsistency between the specification, the Bills of Quantities and the drawings, the drawings shall prevail. 1.5 The Client shall obtain all permissions, give all notices and pay all fees required under any Act of Parliament or any regulation or by-law of any local authority or statutory undertaker having any jurisdiction with regard to the works and the Client shall indemnify the Contractor against any claim, proceedings, loss or expense resulting form the Client s breach of the Clause in whole or in part. 2. CONTRACT SUM 2.1 The contract sum shall be the sum stated in the Contractor s quotation overleaf and no adjustments shall be made to such sum except as expressly provided in these conditions. 2.2 The quotation shall remain open for acceptance for days from the date shown overleaf. 2.3 The contract sum shall be treated as fixed price for a period of 30 days from the date shown overleaf. Thereafter the contract sum shall be adjusted in accordance with Clause This clause shall apply if clause 2.3 has been deleted and otherwise only after the period specified in 2.3 has elapsed. The contract sum shall be deemed to have been calculated upon the cost of labour, plant, materials, transportation, taxes, duties and levies of whatsoever kind (but exclusive of Value Added Tax) current at date of quotation and shall be adjusted

2 to take account of any increase or decrease in the wage rates, hire charges, price of materials, transport charges, statutory taxes, duties and levies and any other costs and charges howsoever arising and from whatsoever cause. 2.5 Variation of the design, quality or quantity of the work required by the Client must be in writing and if accepted by the Contractor, shall be carried out at the prices normally charged by the Contractor at the date of acceptance of the variations. Such amounts shall be added to the Contract Sum and the Contractor shall be entitled to include such amounts in any invoices issued to the Client under the provision of Clause 3. Site personnel have no authority to act for the Contractor in receiving instructions, accepting variations or agreeing any amendment of these conditions. 2.6 Should the volume of work be reduce by 10% or more, the Contractor reserves the right to increase rates. 3. PAYMENTS 3.1 Payment shall become due and shall be made in full without deduction or deferment on account of disputes, cross clauses, set-off or discounts of whatsoever kind not later than 30 days from the date of any invoice rendered by the Contractor. The Contractor shall be entitled to charge interest on any sums not so paid. Such interest shall be calculated on a day-to-day basis on the amount outstanding at the rate of 3% above that normally charged by the Bank to the Contractor on overdraft facilities whether the Contractor is using such facilities at the time or not. 3.2 Without prejudice to the Contractor s other rights and remedies, if the client shall fail to pay as provided in Clause 3, the Contractor shall be entitled to suspend work five days after any written notice to the Client to that effect. 3.3 Invoices will be rendered on completion or interim invoices maybe issued a deposit may be required before commencement of contract works. 3.4 Payment to be agreed before contract acceptance. 3.5 Paid when paid contracts in any form are not acceptable. Any condition constructed by the Client that can be construed in any way to mean that the Contractor will not receive payment until some other outside agency has made payment to the Client or given authority for payment to be made will not be accepted by the Contractor holds the Client solely responsible for paying the Contractors invoices within the time agreed in this contract. The Client in this context is the company, entity or individual that places the order with the Contractor. Agents placing orders with the Contractor will be held responsible for making payment on time regardless of their ability to recover the payment from their Clients. 4. COMMENCEMENT, COMPLETION, DELAY AND DISRUPTION 4.1 The Client shall give full possession of site together with proper and adequate access on date to be agreed by Client and Contractor or, if not so agree, on a date not later than days from the date of the quotation. 4.2 The Contractor shall take possession on the due date, proceed with due diligence and complete the works within a period of...tba...days from the date of possession Completion shall mean the completion in all essential respects of the works set out in the contract documents.

3 4.3 Notwithstanding Clause 4.2 above, time is not the essence of this contract and the Contractor shall not be liable for any loss, cost or damage of whatsoever kind arising out of or as a consequence of its failure to perform or complete the work as provided by reason of matters beyond the Contractor s control which it could not have reasonably foreseen at the date of this quotation. 4.4 If the Contractor is hindered or delayed in the execution or completion of the work by matters noted in Clause 4.3 the Contractor may extend the time for such execution or completion by such period or periods as in exercise of its absolute discretion it shall deem appropriate. 4.5 To the extent that disruption and/or delay to the execution and/or completion of the work arises as a consequence of some interference, act, omission, default, neglect, instruction or variation of the Client, his servants, or agents or others for whom the Client is or may become responsible, the Contractor shall be entitled to payments of such loss, cost and/or expense as may arise directly or as a consequence thereof and the contract sum shall be adjusted accordingly. The Contractor shall be entitled to include such amounts in any invoice or invoices issued to the Client under Clause 3.1 CONDITIONS OF CONTRACT FOR ELECTRICAL CONTRACTING SERVICES (SOUTH WEST) Ltd. 4.6 Force failure. The Contractor shall not be liable for any failure to complete the works or for any delays, which arise from circumstances outside the Contractors control. 5. MAINTENANCE AFTER COMPLETION 5.1 Following completion of the works, the Client shall be responsible for the proper maintenance of the site and associated works. 6. DETERMINATION 6.1 Without prejudice to its other rights and remedies, the Contractor may by written notice to the Client or to any person in whom the contract may have become vested forthwith determine its employment under the contract by reason of any one or more of the following. 1. Failure by the Client to observe the provisions of Clause 3 hereof and or 2. The customer becoming insolvent or committing any act of bankruptcy or being a company making an arrangement with its creditors or (other than for the proposes of amalgamation or reconstruction), the commencing winding up proceedings or the appointment of a receiver and/or 3. Failure by the Client to give access to the site under Clause 7.1 and/or 4. Breach of the Client s warranty under Clause 7.1 and/or 5. Suspension of the works, in whole or in part, for a period of 5 days, whether or not consecutive, due to any act, omission or default of the Client or anyone for whom the Client is responsible. Provided that the Contractor shall have stated the default alleged in a written notice and the Client shall have failed to rectify the default within 5 days of the date of such notice and provided further that the notice of determination shall not be given unreasonably or vexatiously. 6.2 Following any determination under clause 6.1 the Contractor shall be entitled to be paid the value of all work carried out, materials supplied and materials not supplied but for which the Contractor is legally obliged to pay the amount of any

4 loss and/or damage caused to the Contractor as a result of such determination and the contract sum shall be adjusted accordingly. The Contractor shall be entitled to include such amounts in any invoices issued to the Client under the provisions of Clause If the Client wishes to obtain possession and ownership of the ordered materials he must pay the contract sum and give notice of his intention to collect them both within 14 days of an invoice being issued for the contract sum. Ordered materials shall be held at the Client s risk and must be collected within 14 days after payment of the contract sum. If the Client wishes the Contractor to store the ordered materials he must enter into separate negotiations with the Contractor for such purpose. 7. THE SITE 7.1 The Client warrants that the site is free of hazardous materials or other hazards or obstructions which are not reasonably apparent by visual inspection of the surface of the site or which have not been made known in writing by the Client to the Contractor prior to the date of the quotation overleaf. 7.2 Without prejudice to his other rights and remedies, if the Client is in breach of the warranty under Clause 7.1, the Contractor may proceed with the works and shall be entitled to reasonable payment for any additional work or materials caused by the breach. Such amount shall be added to the contract sum and the Contractor shall be entitled to include such amounts in any invoices issued to the Client under the provisions of Clause The quotation assumes that the site is equipped free of charge electrical 240 volt power points, water taps and with welfare facilities such as toilet and washroom sufficient to comply with the Health and Safety at Work Act. If not the Client should contact the Contractor as it maybe necessary to charge extra for facilities to be brought on site. 8 MATERIALS 8.1 Materials supplied by the Contractor shall be at the Client s risk immediately on delivery to this site. 8.2 Property in materials or goods supplied by the Contractor will pass to the Client when 1. The materials which are the subject of this contract and 2. All other materials which are the subject of any other contract between the Client and the Contractor which at the time of payment of the full price of materials supplied under the contract have been delivered but not paid in full. 3. Have been paid in full. 8.3 The Contractor shall have the right of entry onto site for the purpose of retrieving its materials and for any other purpose under Clause Materials brought in by the Contractor which remain unused on completion of the works, remain the property of the Contractor. 8.5 The Contractor accepts no responsibility for the performance of the Clients own materials incorporated into the works at the Clients request.

5 9. DISPUTES 9.1 In the event of any disputes or difference arising out of or in connection with this contract the same shall be referred to such person as the parties may agree to appoint as Mediator or failing agreement within 14 days after either party has given to the other written notice to concur in the appointment of a Mediator as may be appointed. Mediation proceeding shall be deemed to have been instituted in the date on which such written notice has been given. The decision shall be final and binding. 10. THE PROPER LAW OF THE CONTRACT 10.1 The contract shall be governed by and shall be construed in accordance with English law.