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‘Contractor’ means Drainway Services Limited and/or persons appointed by the company for the duration of the contract.
‘Contract Price’ means the price payable by the Client to the Contractor for the works in accordance with these conditions.
‘Client’ means the person, body of persons, company or authority who has accepted or instructed works or services from the Contractor.
‘Estimate’ means the Estimate signed or accepted by email, document detailing works to be undertaken and price in accordance with these conditions.
‘Works’ means the works as generally described in the estimate.
‘Contract’ means the contract of undertaking any works or services requested from the Contractor referred to & upon the conditions as set out in this document.
‘General Obligations’ The Contractor will exercise all reasonable skill & care in the undertaking of the detailed works. The Client shall make all statutory applications & obtain any approvals or permissions that may be required. The Contractor may agree to submit forms and applications on your behalf if required. The Contractor reserves the right to employ a suitable qualified Sub-Contractor for certain specialist tasks. The Client agrees to give the Contractor access to its premises & when required, water & electricity as reasonably required, allowing the Contractor to carry out & complete works without unnecessary interference by the Client or by other Contractors of the Client. The Contractor will take every reasonable precaution to minimise damage to the surfaces, ground and surrounding areas whilst working with vehicles & plant machinery. The Client must accept that if there is minor damage under these circumstances that it is not the responsibility of the Contractor to finance any repairs or otherwise reinstate. No claim for damages allegedly caused by the Contractor or Servants or Sub-Contractors shall be entertained, unless notified to the Contractor in writing within 7 days of the alleged incident.
‘Variation’ If the Client wishes to vary any of the works, they will inform the Contractor as soon as practicably possible. The Contractor will then notify the Client of any alterations to the estimated cost of the variation and any further effects upon the contract or works. The Contractor reserves the right to refuse any variation if deemed unsafe or unworkable. The Contractor will notify the client if any difficulties are encountered which could not have been reasonably foreseen as soon as practicably possible. In these circumstances, a fair & reasonable adjustment to the estimate/invoiced price &/or period will be made. Unforeseen circumstances may include but are not limited to: Changeable weather conditions preventing or restricting working hours. Damage to undetected underground services if not shown on requested service maps and flagged by detection. Delays caused by other contractors. Delays caused by theft or damage to machinery or materials by a third party. Abnormal ground conditions causing specialist plant or machinery to be required, including, but not limited to, rock breaker, trench stability works, flood pumps for excess water etc. unless specified in the estimate. Emptying systems and pipelines with a JetVac tanker or the cleaning with a jetting unit of any pipelines, unless specified in the estimate. The Contractor reserves the right to pass on to the Client any unforeseen price increases on materials which are beyond our control and any cost that has been put upon us by a third party to complete the works as agreed.
‘The Contract Price & Payment’ The contract price is stated in the estimate & may be varied in accordance with these terms and conditions. The Client shall pay the Contractor the contract/estimate price in accordance with the payment terms shown on the estimate/invoice. Any late payment allows the Contractor to collect interest at 5% of the estimated/invoiced price. If the Client fails to make interim payments if required to do so, the Contractor may serve notice upon the Client and withdraw from site, including removal of any materials, plant & equipment. The cost of any such removal & any attendance/re-attendance costs will be borne by the Client. Such notice would be in writing/electronic mail from the Contractor & will not be served unreasonably. All materials whether installed or standing on site (or stored at our premises for safe keeping) remain the property of the Contractor until paid in full. The Contractor reserves the right to utilise stored materials as necessary without causing undue delay to the Client.
‘Insurance’ The Contractor shall take out & maintain the following insurances (except as otherwise agreed or stated in the estimate). Public Liability Insurance for £5,000,000.00 Employers Liability Insurance for £5,000,000.00. The contractor will provide these to the Client upon request.
‘Copyright’ Should the Contractor be required to produce any reports, drawings or technical designs, the copyright of these shall remain with the client that has instructed the works. Should you wish us to pass any information to a third party written authorisation is required.
‘Handover & Defects Liability’ The Contractor will give the Client notice of their intention to hand over the works. The Client will have the opportunity to inspect the works prior to hand over. The Contractor will be responsible for remedial works which appear within 6 months from the date of handover. Such defects will be advised by the Client in writing. The Client shall allow access as required for any remedial works required. The Contractor will have no liability for any indirect or consequential loss incurred by the Client, including, but not limited to loss of use or profit. The sole responsibility of the Contractor shall be to remedy defects for which it is responsible & which are notified within the 6-month defects liability period.
‘Termination’ The Contractor may give notice to terminate the contract if the Client fails to make any payment becoming due or commits any other material breach of contract. The Client may give notice to terminate works if the Contractor commits a material breach of contract. In the case of a breach being capable of remedy, the Contractor shall take steps to remedy within 90 days of a written request to do so. Either party may terminate the contract if the other party becomes insolvent or has a receiver or liquidator appointed.
‘Notices’ All notices will be in writing/electronic mail & effective when delivered to the address for service of the recipient as shown on the estimate. Any notices sent by post shall be treated as delivered 3 working days after posting.
‘Assignment’ Neither party will assign any of its rights or obligations under the contract without the prior written consent of the other.
‘Disputes’ Any dispute shall be submitted to the other party in writing or electronic mail. Delivery is to be confirmed by each party when documents/correspondence is received.
‘Entire Agreement’ The estimate & these conditions constitute the only agreement between the Contractor & the Client and supersedes any previous or subsequent arrangements, agreements or understandings relating to the contract unless agreed in writing by all parties.
‘GST’ All estimates are issued net of GST unless otherwise stated. The applicable rate of GST will be detailed on all our submitted invoices. The Contractor is a GST registered company, number 0001513. GST is payable on demand and recovery of GST from invoices shall be treated as a civil debt and recovered in accordance with our credit and collection control procedures.
‘Hazardous Materials & Health & Safety Obligations’ Any hazardous materials located, for example asbestos, shall be drawn to the attention of the Client and any cost of treatment, storage, removal and disposal shall be borne by the Client. The Contractor may request an asbestos check to be carried out. Should the Client be aware of any potential health & safety risks at the property, they will make such concerns known to the Contractor prior to commencement of works or as soon as any concerns become apparent.
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