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1. General
These Terms and Conditions apply to any works undertaken by Cu.Tech.
(the company), its Agents or Sub-contractors and take precedence
over any conflicting Terms in any documentation provided by the
Employer or Contractor (the customer), unless such Terms are accepted
by a Director of the Company, in writing and before any contract
in established.
2. Estimates and Quotations
Estimates and Quotations submitted by the Company do not imply
any commitment to accept the subject works. Unless otherwise stated
Estimates and Quotations are valid for 30 days from the date of
issue. Where Estimates or Quotations are prepared based upon drawings
supplied by the Customer the Company will place total reliance
upon those drawings in preparing Estimates or Quotations. Any
inaccuracy in the Drawings resulting in additional costs for time
and/or materials will be charged to the Customer and the Customer's
written acceptance of such charges will be a pre-condition to
starting/continuing with the works.
3. Acceptance of Contract
The Company will accept all contracts in writing in addition to
the directors' signature on any contractual documents provided
by the Customer. Unless and until such written acceptance is given
then no binding contract will be deemed by the Company to be in
existence.
4. Changes to Specification
If the specifications on which the Estimate or Quotation is based
are changed in any way by the Customer once the Contract has been
accepted by the Company the Company reserves the right to suspend
Works pending agreement upon the additional costs (if any) and
acceptance by the Customer of any delays so caused. Once written
acceptance has been received the Company will commence/resume
work on the amended Contract.
5. Fitting on Site
Goods/materials will be supplied to specification and delivered
to be fitted to prepared site(s). If the fitting site(s) is/are
not ready by the agreed date(s) the Company reserves the rights
a) to charge for the works as though completed to schedule; and
b) to charge the Customer for any costs attached to the delay(s)
incurred. If the final site(s) is/are different to the contractual
specifications/drawings the Company reserves the right to stop
work until such time as the site(s) is/are rectified or the costs
incurred in modifying the Works (and the delays involved) are
accepted in writing by the Customer. Any such delays absolve the
Company from all and every time-related penalty clause in the
main contract.
6. Handover of completed work.
Once the company has handed over the completed work the Customer
is responsible for its protection and maintenance (except and
unless otherwise provided for within the contract) and any repairs
of damage caused by others on site or replacement of stolen parts
will be dealt with as 'Small Works Contracts' and charged accordingly.
This clause includes for theft of all or any part of the Works
once they have been handed over.
7. Payment Terms
It is the Company's policy to comply with normal commercial practice
where Credit facilities have been extended. The Customer will
supply the Company with the Certification Dates set for Contract
and the Company will submit Interim Applications and their Final
Account immediately prior to the Certification Dates. Invoices
are due for payment within 14 days from the Invoice date.
7.1.1. Interim Applications:
The company will submit Interim Applications to the Customer by
the dates provided by the Customer, made up to the most recent
actions performed by the company on the contract. Provided that
only the Application is received in good time the company expects
the Customer to pay the Application in full unless the Customer's
Representative is able to show good reason why the full claim
should not be met. Failure to make timely and full payment
without good and just reason will be regarded by the Company as
Breach of Contract. In the event that the Customer's Representative
is unable to check the Application in time to certify the amounts,
the company expects that the Application be paid in full and,
should any adjustment be needed, this to be made by negotiation
on a subsequent Application.
7.1.2. Final Accounts
The Final Account for the Contract will be submitted when the
Company has performed all the Works in the Contract between the
Company and the Customer. It is the Company's policy to ensure
that Final Accounts are resolved quickly to avoid any confusion
as to the Company's performance of the Contract.
8. Disputes and Queries
The Company would expect any differences to be settled through
discussions and, if needed, a site visit with the owner or director
of the Customer. Any failure to reach agreement in short order
will inevitably lead to the Company invoking the Adjudication
Procedure outlined in the Housing Grants, Construction and Regeneration
Act 1996, Part II.
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