Terms & Conditions of Contracts
In these Terms and Conditions
1.1 D&L shall mean D&L Electrical Ltd., whose registered
office is situated at The Apple Barn, Langley Park, Sutton Road, Maidstone, Kent. ME173NQ.
1.2 “Customer” shall mean the person, organisation, firm or company from who orders we receive.
1.3 “Service” shall mean the range of cable pulling, jointing termination, electrical installation,
fire alarm installation, security installation, data/voice structured cabling installation and any
other works offered by D&L from time to time.
2.0 ORDER AND ACCEPTANCE AND EXCLUSION OF LIABILITIES
The customer acknowledges and agrees by placing order with D&L that:
2.1 All business transacted is subject to these conditions set out herein.All other terms and conditions are excluded. Any variation to the standard terms must be in writing and signed by a Director or Secretary of D&L. No other person whomsoever has authority to waive or vary these conditions.
2.2 On acceptance by D&L of any order from the customer, such an order for goods or services cannot be rescinded without agreement signed by a Director or Secretary of D&L.
2.3 Any written or oral order to commence work shall be taken as a representation to the customers works are ready in all respects to enable the company to proceed with these works in an uninterrupted manner.
2.4 There are clauses contained in these conditions which exclude limit or modify the liability of D&L, its agents and servants.
3.0 PRICE OF SERVICES
3.1 An order is accepted only on the condition that the price of the services shall be those in force at the date of the commencement of the services D&L should give written notice of any price change that shall be implemented between the acceptance of an order and the date of the commencement of the service.
3.2 Where a current schedule of rates is appended to the tender or forms the basis of an order, the said rates shall be used to value omissions and additions insofar as it is reasonable to use them.
3.3 The company reserves the right to increase the rates quoted should the quantity of work be reduced.
3.4 Unless previously confirmed by the company in writing, all quotations are for executing work during normal working hours in continuity.
3.5 All prices and other sums payable by virtue of these Terms and Conditions are subject to VAT or such other tax to be paid by Law at the rate for the time being in force.
4.0 SERVICES SPECIFICATION
The customer shall within 14 days of the completion of services carry out at its expense, tests to ensure that the services satisfy the specification as contracted by D&L and shall notify D&L in writing within such 14 day period of any failure of the services to meet the contract specification. If no such written notice is received by D&L within 15
days the customer shall be deemed to be satisfied by the services provided.
5.1 During the progress of the work should the normal rate of output be impeded by any unforeseen event, D&L will be entitled to recover cost of any resulting delay from the customer at the daywork rate prevailing at the time, or by means of a quantified claim setting out the costed resources lost as a result of the unforeseen event.
5.2 D&L will take all reasonable steps to secure completion by the dates given, but if completion of the works should be delayed for any reason outside the control of D&L, D&L shall within 7 days give written notice thereof to the customer and a fair and reasonable extension of time for the completion of the works shall be agreed between the parties.
5.3 Where overtime or night work is required in order to meet completion dates, this together with expenses incurred owing to additional visits rendered necessary through no fault of the company, will be charged extra.
6.1 Dayworks will be carried out at rates as authorised and agreed by the CEFC current at time of tender, or such other body of rates as may have been agreed at the contract inception. Where no prior agreement is in place the rates of the CEFC shall prevail. Labour rates will be as appended.
6.2 Charges for daywork will include Labour, plant materials establishment charges and expenses including travelling time.
6.3 The records for daywork will be provided on standard daywork record forms and will be submitted to the not later than 7 days following the day in which the daywork has been carried out.
7.1 Unless otherwise agreed in writing, the contract shall be subject to a period of maintenance following completion of the work of 6 months.
8.0 FORCE MAJEURE
D&L shall not be held liable or deemed to be in default of its contract with the customer for any failure to perform its obligations if such failure results directly or indirectly from force majeuere. For the purposes of these terms, force majeure shall include (but without prejudice to the generality of the foregoing) any law, order, regulations, directions or request of any Department, Agency or Corporation of any one or more of such Government of the United Kingdom or of any supranational legal authority failure of delay of transportation, inability to obtain or delay in obtaining necessary labour, manufacturing facilities or spare parts from unusual sources, strikes or other labour difficulties, insurrection riots, national emergencies, where acts of public enemies fires floods or other catastrophes, acts of God
on any cause or like or different kind beyond the control of D&L.
9.1 Payment for the services shall be due in full in pounds sterling on the expiry of the 30th day of the date of the invoice. In the event that the customer shall delay in making any payment on that due date, the customer shall be liable to pay D&L interest on the unpaid sum such interest to be at 3% above the base lending rate of the Bank of England at the date of the said application.. 9.2 Where provision is made for the payment on the certificate of an Architect, Engineer, Surveyor, Contractor or other person, such payment will be made within 14 days of the issue of such certificate. It shall be understood and agreed that application for such certificate shall be duly and promptly intimated to the company and that the companies invoice shall be submitted monthly for certification and that failure by the customer to comply with this procedure shall render the application to become due for payment forthwith.
9.3 The company reserves the right to issue applications for payment from time as they fall due. Such applications are deemed to be acceptable to the customer and will be honoured as if they were an invoice. Upon receipt of the application a VAT invoice will be raised and submitted accordingly.
9.4 Unless otherwise agreed, interim applications may be termed on account with no further build-up being required for the purpose of the application.
9.5 In the event that the customer is in arrears in the payment of any sums due or shall have exceeded any agreed written credit limit, D&L shall be entitled to withdraw any credit facilities and shall not be obliged to supply further services whether orders have been accepted by D&L or otherwise.
9.6 Pay when paid clauses will not be accepted by this company under any circumstance.
10.0 LIMITATION OF LIABILITY
10.1 D&L shall be under no liability to the customer for the damages or losses direct or indirect and specifically excluding any claim for damages howsoever arising if D&L have not been notified in writing in advance of the commencement of the work by the customer of the exact route of all pipes cables and obstructions affecting the area to be executed by D&L and in addition D&L shall have no liability direct or indirect resulting from defects in design, manufacture of the equipment and for materials supplied nor for losses resulting from the installations of the same by D&L.
10.2 D&L shall have no liability for any indirect or consequential losses or expenses suffered by the customer however caused including but not limited to loss of anticipated profits, goodwill, reputations business receipts or contracts or losses or expenses resulting
from third party claims. 10.3 D&L will not accept any contra charges whatsoever unless the company have been informed of the alleged charge for a period of at least 7 days in advance of the alleged charge being remedied, and that the company have been given the opportunity of inspecting the matter and either remedying the situation, agreeing the reasonable cost of rectification by others or disputing the charge.
10.4 D&L’s aggregate liability to the customer , whether for negligence, breach of contract, misrepresentation or other wise shall in no circumstance exceed the cost of services which give rise to such liability in respect of any occurrence or series of occurrences.
10.5 Any design liability is expressly excluded unless specifically incorporated into the tender at the outset.
11.0 MEASUREMENT OF SUB MAINS CABLING
Unless otherwise stated in the quote, the work shall be measured on completion in accordance with the standard method of measurement of Building works current at the date of tender subject to the following exceptions. (A) All measurements must include for tails
(B) All rates assume direct pulls. Any coiling or double handling to be executed on a daywork basis
(C) Cable left on drums during an installation will incur daywork in return visit the complete cable pulls.
All cables handling will be charged for irrespective of whether it has been pulled in.
(E) All drums to be readily accessible and positioned not more than 100 metres from the point
of work. (F) Attention and adaptation of any studding during cleating operations to be charged for at
current daywork rates. (G) Steel banding to be measured and priced for as if cleating had been undertaken. (H) Drilling of lugs to be charged for at current daywork rates. (I) Cable installation excludes labelling and tags unless specifically agreed prior to contract.
(J) All excavations is deemed to be by machine unless specifically described as not being the
12.0 SET OFF AND ABATEMENT
The customer hereby agrees that all sums due to D&L under the agreement between them shall be paid in cash immediately when due without deduction and expressly agrees that no payment shall be withheld or deferred on account of any claim counterclaim or set-off and acknowledges that any claim of whatsoever nature by the customer against D&L must be the subject of separate proceedings and that the rule of abatement is expressly excluded from the contract.
13.0 SETTLEMENT OF DISPUTE
Any dispute arising out of this contract shall be and is hereby referred to a single arbitrator to be appointed in default of agreement between the parties by the president for the time being of the Institute of Arbitrators upon the application of either party the award of such arbitrator shall be binding upon the parties and the Arbitration Act 1950 and subsequent amendments shall apply.
14.0 TENDER EXPIRY
This tender expires 30 days after the date hereof.