Definitions
In these conditions:
‘Contractor’ means Drain It Ltd, Plumb It Express 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 public authority ordering works or services from the Contractor.
‘Estimate’ means the contractors signed document of agreement for estimated price to carry out detailed works.
‘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 reasonable skill & care in the performance of the works.
The client shall make all statutory applications & obtain any approvals or permissions that may be required, or as agreed with the contractor.
The contractor reserves the right to employ properly qualified sub-contractor for certain specialist sub trades.
The client will give the contractor access to its premises & where required water & electricity as reasonably required enabling 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 ground 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 making good.
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 damage.
Variation
If the client wishes to vary any works, they will inform the contractor as soon as practicably possible. The contractor will then notify the client of the new estimated cost of the variation and any further effects upon the contract. 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 when submitting the initial estimate. In these circumstances, a fair & reasonable adjustment to the contract price &/or period will be made.
Unforeseen encounters may include, but are not limited to:
Changing weather conditions preventing or restricting working hours.
Damage to undetected underground services if not shown on service maps.
Delays caused by other contractors.
Delays caused by theft or damage to plant 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, motorized pumps for excess water etc. Unless specified in the estimate.
Emptying with jet vac tanker or cleaning with jetting unit of drainage, unless specified in the estimate.
The contractor reserves the right to pass on to the client:
Any price increase on materials which are beyond our control
Any incurred 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 conditions.
The client shall pay the contractor the contract price in accordance with the payment terms in the estimate.
Late payment entitles the contractor to interest at 5% of estimated price per week from the due date until the actual payment.
In the event the client fails to make interim payments if required, the contractor may serve notice upon the client and withdraw from site, including removal of materials, plant & equipment. The cost of such removal & any attendant cost will be borne by the client. Such notice would be in writing from the contractor & would not be served unreasonably.
All materials whether installed or standing on site (or stored at our workshops 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.
Overdue accounts will be subject to an interest charge of 5% per month (minimum monthly charge £10.00).
In the event of an account rendered not being fully paid, the contractor reserves the right to withdraw from site as above.
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 £10,000,000.00
Products 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 drawings or technical designs, the copyright of these shall remain with the contractor.
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 & effective when delivered to the address for service of the recipient as shown on the estimate. 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 & delivered by post or email within 7 days on receiving the invoice..
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 002911.
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 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 or removal 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.