Terms and Conditions

Note: Except where expressly stated otherwise in writing, the under mentioned terms and conditions shall be deemed to be incorporated in any contract or order received as a result of this quotation and except as aforesaid shall be deemed to override any terms inconsistent therewith which the customer seeks to introduce. The issuing of an order shall be evidence of acceptance by the client of the contents of these conditions.

1. Acceptance of Orders
All orders placed are subject to acceptance by the Company in writing. Unless otherwise agreed in writing any order resulting from this quotation shall be deemed to include acceptance by the customer of the following conditions, which shall apply to the exclusion on any conditions contained or referred to in the Customer’s order or enquiry.

2. Contract Price

  1. This quotation is based upon the cost of materials, labour, transport, statutory obligations and overhead expenses ruling at the date of quotation, or price ruling date. If between that date and the completion of work any increase in such costs shall occur, the Company may claim such increases as they arise.
  2. Should extra costs be incurred by the Company due to suspension of work on the Customer’s instructions, or lack of instructions, or as a result of interruptions, delays, overtime, unusual hours or mistakes or work for which the Company is not responsible, then any such extra costs as well as the cost incurred of retaining any of the Company’s workmen on site after completion of erection, shall be added to the contract price and paid for accordingly.

3. Validity
This quotation is valid for a period of twenty eight days from the date hereof.

4. Creditworthiness
The company reserves the right to with-hold supplies of labour and material where independently obtained credit rating reports make necessary such actions.

5. Terms of Payment
Nett monthly account on progress of work performed on materials supplied. Payment to be against invoices or Applications for Payment and rendered with 28 days. Interest at the rate of 1% above the current base rate of the National Westminster Bank Ltd shall be paid by customers on all overdue accounts. Additionally in such event the Company shall be entitled without prejudice to any right to damages or other remedy to withhold further deliveries until payment is made and/or cancel the contract in respect of the whole or any part of the goods remaining undelivered and/or by giving seven days notice in writing to the customer to suspend the work for so long as any overdue payments remain outstanding.

6. Cancellation
If the customer should make default in any payment when due or become subject to the bankruptcy laws, or being a limited company as a Receiver appointed, or enters into liquidation the Company may at its option terminate this contract without prejudice to the rights of either party hereunder.

7. Storage
The Company shall be provided with safe dry storage space adjacent to its work. Unloading facilities shall be provided by the Customer if at any time the Company’s workmen are not on the site.

8. Preparation of Surfaces
Unless otherwise stated the contract price does not include for removal of old materials or cleaning and coating of surfaces prior to new application. Steelwork and support structures are deemed fit and adequate to support loads imposed by coverings and fittings and loads imposed during fittings of coverings and fittings.

9. Working Hours
Unless otherwise specifically provided, the whole of the work shall be carried out during normal working hours and in accordance with the trade / employer agreement relating to the works being undertaken, without interruption or delays and no overtime shall be worked.

10. Scaffolding
Unless otherwise specifically provided, the contract price does not include any scaffolding.

11. Force Majeure
The Company shall not be responsible for any loss, damage or delay caused whether directly or indirectly by strikes (either official or unofficial) war, invasions, riots civil commotion, military or usurped power, or any act of Parliament, or by any reason of weather conditions, delays in deliveries of materials in short supply, unsuitable access to the site of any other clauses or circumstances whatsoever beyond the control of the company and the Company further shall be under no liability for any consequential damage which the Customer may suffer by reason of any such delays aforesaid.

12. Alterations or Additions
In the event of the Company being requested by the Customer or its agent to make any alteration of additions to any work undertaken by the Company (including work in progress) the Company shall be entitled to make extra charge to cover the cost of such alterations. The Customer shall obtain an estimate of such extra cost from the Company and confirm acceptance thereof requiring any alterations or extra work to be put in hand. The Company reserves the right to declare any delivery commitments previously entered into void.

13. Working Procedure
Our contract price / rates are based upon work being carried out as a single operation and the provision of proper access and adequate working space. Should these conditions not be satisfied, daywork rates will apply.

14. Power Services
Electrical, process steam and other like services within or local to the point of work are to be made safe as to not inhibit progress of the works.

15. Site Services
Unless otherwise stated the following have not been allowed for in this quotation:

  1. Supplies of water, light, power and heating
  2. Toilet and canteen facilities

16. Programme of Work
A complete programme of site work must be agreed as soon as possible after the placing of the order. If any change resulting from the Customer’s non-compliance with or variation of any agreed programme causes extra costs to be incurred by the company these shall be re-imbursed to the company.

17. Compliance with Official Requirements
It is a condition of any contract that the Customer undertakes to comply with any statute order in council, decree, regulation, bye-law or other requirement for the time being in force of any government department, municipality or other competent authority in particular any necessary licence permit or authority that may be required must be obtained by the Customer and any expense incurred by the Company due to the Customer’s failure to comply with these conditions shall be re-imbursed.

18. Vesting
Notwithstanding any agreed terms of payment the property in the goods shall not pass unless all material supplied and all work done shall have been paid in full.

19. Protection of Works
The Company will not accept any response for loss or damage to its materials on site for any reason whatsoever unless such loss or damage occurs whilst the Company itself is physically handling such materials and responsibility is only accepted for materials used on contract works up to their incorporation. Liability is expressly excluded for damage caused by other trades.

20. Contract Period
Allowance has been made for site establishment costs and non-producers for the duration of the contract as specified.

21. Statutory and Other Impositions
Our quotation takes account of current legislation, and present rates have only been allowed for in respect of but not limited to:

  1. Currency exchange rates
  2. N.H.I. and Graduated Pension Contributions
  3. Training levy and radius and lodging allowances

22. Warranty

  1. Subject as hereinafter provided the Company will make good any defect arising solely from faulty material or workmanship and disclosed within the period of twelve calendar months from the completion of the work provided notice in writing is given of any such defect immediately it is disclosed and no repair or replacement is made or attempted otherwise than by the Company or with its express written permission.
  2. This warranty does not extend to defect caused by wilful or accidental damage, negligence, movement of buildings, plant or their components, or defects caused by the application or use of other materials to or in conjunction with the Company’s goods.
  3. The Company accepts no liability under any other claim for expenditure or repairs or for consequential or other loss of any kind. In the case of goods not of the Company’s manufacture no guarantee is given or liability accepted beyond such guarantee as is given by the manufacturer.
  4. This guarantee and undertaking is in lieu of and excludes all guarantees, conditions, warranties representations and liabilities whatsoever whether express, implied, statutory or otherwise which might exist but for this provision.

23. Arbitration
These conditions shall be construed and have effect in accordance with English law and any dispute arising thereout shall be referred to arbitration under the Arbitration Act, 1950 or any statutory modification or re-enactment thereof for the time being in force.

  1. The Contractor shall provide the Company with refuse skips or designated disposal points for the placement of all packaging waste and other debris associated with the company’s works in connection with the contract, and pay all charges, taxes an levies in respect of the same.
  2. We make no allowance for the deduction of ceiling joists from the gross area and have not allowed for any necessary scaffolding which will have to be provided fixed and moved by the main contractor unless otherwise agreed.
  3. We reserve the right to charge up to £250 per day for an abortive visit to site should we be unable to re-schedule any other work for our operatives that day. Should we be able to divert our operatives to another site than a part charge will be incurred.
An SIG Plc Group Company
© Miller Pattison 2008. All rights reserved.