a)These conditions shall apply to the exclusion of all or any condition stipulated by a customer of Simpson & Allinson Ltd trading as S & A Fabrications and Roundhouse Building Solutions, (hereinafter called ‘The Company’) except in as far as The Company may agree to any variation thereof.
b)Any samples, drawings or descriptive matter or advertising issued by The Company and any illustrations or descriptions of the services contained in The Company’s brochures are issued / published for the sole purpose of providing an approximate idea of the goods and services described in them. They shall not form part of the Contract.
a)The quotation price is based on the cost of the materials, transport and labour, at the date of quotation. The Company reserves the right to pass on any nett increases which may occur after the contract price has been agreed.
b) This quotation does not include Value Added Tax, which will be added at the current rate, where applicable.
c)In the event of variations or suspension of work as a result of the customer’s instructions (or lack of instructions), the contract price shall be adjusted accordingly.
d)The Company reserves the right to withdraw any offer or quotation at any time prior to our written acceptance of an order.
a)The Company can at the Customers request, prepare planning drawings and forms sufficient to submit an application on their behalf. Our total liability in this regard is limited to any further updating of drawings / details to enable planning approval to be obtained. No consequential liability can be accepted for any inclusions or omissions made as part of this submission. The costs for any additional requirements to obtain permission will be assessed on an individual basis. All fees paid to the Planning Authority will be by the customer at the time of submission. In the event that the project does not proceed with The Company, The Company reserves the right to levy a fee to cover costs incurred in preparing and submitting your proposal.
b)If structural calculations are required, then the costs to obtain these will be met by the customer.
4)Site & Services
a)The customer is to ensure that the whole working area and access thereto shall be suitable for heavy transport, with adequate safe storage space for The Company’s materials in the immediate vicinity. The site shall be free of obstructions and have a firm hard cored, reasonably smooth level surface; suitable for the use of a two-wheeled drive pneumatic tyred crane and motorised access platforms. Any charges arising from sites found to be unsuitable will be invoiced at the conclusion of the contract.
b)The ground to the perimeter of the building, for a minimum width of 3.0m, must be similarly prepared by the customer, and be suitable for powered access platforms.
c)The Company shall be under no liability whatsoever for any damage to hidden or underground services or obstruction whatsoever, unless the customer shall have given express written notice of their existence and exact location.
d)We assume we will have continuous and sole access to the site area for the duration of our work.
e)The Company assumes that there are no overhead obstructions and that all electrical cables and other services shall be removed to enable the site works to proceed with unimpeded continuity.
f)The customer is to supply unlimited water and electricity during the contract period at a point close to the site.
g)The customer will make available welfare facilities for The Company’s site personnel.
h)Any excavation is based on a normal clay sub-soil. If difficult site conditions or made up ground are encountered The Company may increase the quoted price as necessary. Any spoil from the holes will be left on the site as excavated.
i)Unless specifically mentioned in the quotation, no provision has been made for the removal and disposal of waste/redundant materials; which will be left tidily on site for customer disposal.
j)All diesel for plant, to be supplied by others.
k)The Company reserves the right to sub-contract the whole or any part of the works.
a)Materials delivered to site prior to the arrival of The Company’s personnel, are to be safely unloaded and stored by the customer and signed for as ‘unchecked and unexamined’, free of charge to The Company.
b)In the case of “supply only” materials, any alleged damage, shortages or discrepancies must be notified in writing within 3 days of receipt of goods. Risk in the goods shall pass to the customer upon delivery.
c)Any delivery dates given are our best estimate based upon the availability of labour, materials and the position of our current order book, at the time the purchaser is able to return a signed Confirmation of Order; unencumbered by any statutory or financial approvals.
d)The Company may deliver goods in instalments and shall not be liable for any delay that is caused by a force majeure event (i.e. an event outside the reasonable control of the company; including, but not limited to, breakdown of plant and machinery and default of suppliers or subcontractors).
e)The Company will not accept any liability or penalty for any consequential loss that may arise through late delivery or the supply of any incorrect goods or services. Any incorrect goods or services will be repaired or replaced at The Company’s discretion.
6)Insurance & Liability
a)The Company will have Insurance cover in place for the works, up and until the works have been formally handed over; the customer assumes full liability from that date. The customer shall be indemnified against direct damage or injury to the customer’s property or person occurring whilst work on site is proceeding, to the extent of negligence caused by ourselves or our subcontractors; by making good such damage to property or compensating personal injury provided that:
•Our total liability for damage to property shall not exceed £500,000.00 or the contract price, whichever sum is greater; and
•Save as provided in item 7 below, we shall not be liable for any damage or injury occurring after completion of our work on site.
b)Subject to A above, The Company shall under no circumstances whatsoever be liable to the customer; whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit or any indirect consequential loss arising in connection with the contract.
a)Defects after delivery. We will make good by repair or supply a replacement (at our discretion), any defects in the goods or faulty workmanship which appear, whilst under proper use, within a twelve month period after completion of contract.
b)In respect of goods supplied by The Company, but manufactured by a Third Party, the customer shall be entitled only to such benefits as The Company may itself receive in terms of guarantees and warranties given by the manufacturer.
c)Where we are provided with plans/specifications detailed by another party, then we accept no liability from our work carried out in accordance with those plans/specifications.
8)Standard Payment Terms
a)Supply & Erect Contracts – A deposit of 20% is due with a signed order, unencumbered by Planning Permission or Grant Approval. A further payment of 30% of the contract value is required 14 days after delivery of steelwork, or when materials are ready but unable to be delivered. Followed by 30% of the contract value 14 days after erection of steelwork and the final 20% due 14 days after completion of the project.
b)Additional work – (e.g. Civil work / internal equipment fit out) requires a 20% deposit; followed by staged Invoices as the work proceeds.
c)Supply Only Contracts - A deposit of 20% is due with a signed order. A further 50% of the contract value is required before delivery of materials. The remaining 30% is due 14 days after delivery of materials.
a)It is a condition of the contract that stage payments are met before work is permitted to proceed further. If payment is not made within 14 days, The Company may, without prejudice:-
•Suspend all further work until payment is made.
•Enter upon the site and remove all materials, plant and equipment delivered to the site and dismantle and remove any buildings erected pursuant to this contract.
b)The Company shall be entitled to charge interest at a rate of 8% above Bank of England base rate on any payments, which are overdue.
a)In the event of the customer desiring to cancel, the customer shall notify The Company in writing and shall pay The Company by way of liquidated or agreed damages, a sum equal to the costs of material and labour incurred, plus profit on full contract value.
11)Retention of Title
a)All materials and equipment supplied by The Company shall remain the property of The Company until paid for in full. In case of non-payment, The Company shall be entitled to re-possess or trace the goods or the proceeds of the sale in the customer’s hands or the hands of any liquidator or receiver.