Contracts and contracts are conditional and always subject to our full terms and conditions featured on our website under the heading “terms of business”. all quotes pre-contracts and contracts must be read and considered together with our “terms of business” the responsibility to do so, is yours and yours alone. in any event we shall always rely upon our “terms of business” which are lawful and legally binding of which shall always be incorporated in all that we do and all that we supply. our “terms of business” shall always have full supremacy against any competing and all other terms of business/ terms and conditions. no action/inaction or deed shall ever have any effect over the aforesaid/the aforestated.
- CDM Requirements:
- We agree to abide by current CDM regulations and requirements when working on client sites.
- Upon the receipt of an official verbal and/or written confirmation or official order number will constitute engagement of contract prior to commencement of work, all relevant work scheduling and permits will be effected.
- We will prepare & provide all information required for client consideration and understanding including project method statement and risk assessment to comply with safe working practices and CDM requirements.
- Due to the nature of our work we can not always guarantee to restore surfaces to their original condition of finish therefore we will carry out a test sample for approval finish by client or clients agent once approved this is deemed to be the accepted finish standard
- In the event of cancellation please refer to our cancellation policy below
Client to provide: Site induction by nominated representative who will have a substantive knowledge of the site and services together
with emergency protocols and contact details for all emergencies.
To provide nominated client site contact with appropriate authority levels in case of a requirement to amend/change the works order, to sign project completion certificates/satisfaction notifications etc, either in stages for stage workings or on project completion.
To provide full copies of the project plan and a list of other contractors on site (cdm)
To allow unobstructed free access to all areas to enable works. Including on site services. Any delays or curtailments from the agreed plan which we are unable to accommodate may incur additional charges as stated in our cancellation policy.
Access to on site Water & power supplies where/ if required unless stated otherwise in the quotation
On-site safe undercover storage of our equipment to be made available as the case may be unless specifically excluded in the estimate/tender schedule.
Welfare facilities to be made available by client /main contractor unless specifically excluded in the estimate/tender schedule.
Disposal of any waste generated will be carried out on site at clients’ designated waste unit unless specifically excluded in the estimate/tender schedule.
ALL Prices quoted are exclusive of VAT at the standard rate. The price quoted is valid for 15 days unless otherwise agreed or amended.
1.0 Definitions and Interpretations:
1.1 “The Contract” means the Contract between the Provider and the customer on the Conditions, formed and described in sub-clauses below
1.2 “Specification” means the list of services contained in the Provider’s Quotation to the customer
1.3 “Conditions” means the Terms and Conditions set out in this document and any special Terms and Conditions (if any) agreed in writing between the Provider and the Customer or set out in the quotation.
1.4 The Contract Price means the price stated in the quotation (excluding VAT) and excluding amendments to work schedules client delays or unforeseen down times beyond our reasonable control.
1.5 The “Commencement Date” is the start date agreed with the client.
1.6 “Premises” means the premises at which the Specified Services are to be provided as specified in the Providers proposal or if not specified the address appearing on the Customers Quotation.
1.7 “Quotation” means the quotation contained in the Providers proposal to the Customer and duly accepted by the Customer.
1.8 “Provider” means APT ICC, of Crown Business Park, Tredegar, Gwent. NP22 4EF.
1.9 In these conditions “person” shall include the plural as well as a corporation and all pronouns used in relation in the customer shall include a reference to the plural of other gender, as appropriate.
1.10 References to operatives in these Conditions are to clauses in those Conditions and references to sub-clauses are to sub-clause of the relevant clause.
1.11 The Quotation and Specification are deemed to be incorporated into the Contract.
1.12 “Writing” or “Written” includes all written correspondence of any form.
2.0 Conditions Applicable
2.1 These conditions shall apply to all contracts for the supply of services and materials used by the Provider to the Customer to the exclusion of all other terms and conditions. In particular, but without prejudice to the generality of the foregoing, any terms or conditions which the customer may purport to apply under any purchase order, confirmation of order or similar document, are excluded.
2.2 Acceptance of the Quotation by the Customer shall be agreed to be an offer by the customer to purchase the Specified Services and required materials. pursuant to these conditions and the Provider’s acknowledgement of the Customers acceptance shall be an acceptance of that offer.
2.3 No agent, employee or servant of either party has any authority to vary these Conditions. If any variations are made, they shall be authorised and agreed in letters to be written by and between duly authorised officers of the Provider and the Customer and such variations, once agreed, shall deemed to be incorporated into these Conditions.
2.4 A representative of the Customer must be present at the beginning of work commencement to authorize the work to begin and also upon completion. A daily sign off by the client is required for normal and continued works. Where the client’s nominated representative is unavailable on a day to day basis it is accepted that the work is completed unless APT is notified within 24 hours of the scheduled completion. A verbal or written sign off will be accepted. In the case of normal out of hours working it is important that the client pre-arrange sign off to take place.
2.5 If the Specified Services are to include Soda Blasting, a representative of the Customer must witness the completion of a test strip prior to work commencement to ensure satisfaction with the method and finish.
3.0 Contract Price and Payment
3.3 All payments shall be made directly to the Provider, unless otherwise specified, and within the invoice specified payment terms and due date.
3.4 We reserve the right to remove all discounts negotiated or applied to any orders should payment not be made in accordance with the above
3.5 Non-payment: Overdue invoices will attract interest from the date when payment becomes due on a daily basis until the date of actual payment at the rate of 5% above National Westminster Bank Plc base rate published at the time which shall accrue at such a rate after as well as before any judgment.
3.6 Non Account Holders: For private non client accounts, a deposit payment of 30% is required 7 days before commencement of works; the balance being payable upon completion of works. For works requiring commencement within 7 days a full payment is required prior to commencement.
3.7 New Business – Non Account Holders: A deposit payment of 30% is normally required 7 days before the commencement of the works for all new business clients; the balance being payable upon completion of works or upon receipt of invoice within 7 days. For works requiring commencement within 7 days, a full payment is required prior to commencement of works.
3.8 Existing Business Clients: Account Holders: Full on-time payment is required upon receipt of invoice as set out on our invoices. To qualify as an ‘existing client account holder’, the company requires a minimum of 3 separate project orders (min value £5,000)
3.7 Staged Payments can be applied only by prior written agreement, subject to our standard terms as for full payment
3.8 Administration/legal costs pertaining to overdue invoices will be charged as accrued.
3.9 The Provider shall be entitled to increase the Contract Price by such amount as will indemnify the Provider as far as the Contract is concerned in respect of any increase payable by the provider because of changes to the National Minimum Wage, National Insurance Contributions, Value Added Tax or any levy by any Governmental Department made upon the Provider which is beyond the scope of the providers control.
4.0 Provider Obligations
4.1 The Provider shall ensure that the staff working the Premises under the Contract are made fully aware of and comply with the customer’s security procedures.
4.2 In the event of the Customer and or its servants or agents, including by a trade dispute, preventing the Provider from providing the Specified Services these services shall be considered to have been provided. This shall include any period where the Customer has extended the closure of its Premises in excess of any statutory holidays (for example over Christmas). Please refer to cancellation and reschedule policy below.
4.4 should it become necessary we always try to resolve any issue or dispute quickly to result in a positive outcome for all parties however in the event we are unable to resolve an issue then we would direct the client to write in detail to us within 48 hours adding all supporting documents to allow the issue to be further considered.
5.0 Customers Obligations
5.1 The customer shall not during the Specified Services or within a period of the next 12 months from the expiration of the fixed term or work end, offer or give similar employment to any of the employees of the Provider, nor entice or solicit, nor in any manner be concerned in introducing any of them to the employment of any other person, firm or company whose business is likely to be in competition with the business of the Provider. In the event of non-compliance, APT will issue a fee invoice equal to 30% of the first year’s earnings or a minimum of £3000, whichever is greater.
6.0 Customers Warranties
6.1 The Customer warrants that the premises are safe to work and comply with all statutory requirements for the health and safety at work of the Providers employees. The Provider may refuse to permit its staff to work in the premises or any part of them if the Provider reasonably considers that they may be exposed to undue risk or danger, in such event the provider is entitled to charge in a manner as the works would be completed.
7.0 Additional Service
7.1 The Provider will be under no obligation to provide any services not specified in the Specification during the term of work. Any such requests for additional services to those specified should be made in writing, will be charged accordingly and will be subject to these conditions.
8.0 Exclusion of Liability
8.1 The Customer acknowledges that in entering into acceptance of quotation it does not do so in any representation, warranty or other provision except as expressly provided in these conditions, the Quotation or the Specification.
9.0 Cancellations & Rescheduling
9.1 Cancellation Policy: Due to the nature of our works, there is a requirement to schedule both equipment, materials and labour to carry out the necessary work therefore work cancelled or rescheduled by the client shall attract the following charges:
15 days before commencement of work – 25% of original quote
7 days before commencement of work – 50% of original quote
48 hours before commencement of work – 75% of original quote
Trial sample In the event that the client does not accept or agree to the standard of finish following the on site trial sample unless otherwise agreed we can in some cases agree to cancel the contract making a charge for the prelim the costs incurred for the original survey & not less than one day at a fixed rate of £960.00ex vat, travel & any external hire charges for any equipment hired, required to carry out the work, and any perishable or bespoke materials required to carry out the work.
9.2 Delays & Curtailments: Any delays or curtailment incurred outside of our control that cause disruption to our work schedule such that it cannot be rectified or accommodated/absorbed will constitute additional payments. For any rescheduled work which cannot be rectified or accommodated/absorbed, the above cancellation policy will apply.
9.2.1 Any rescheduled or additional work will be quoted and agreed separately.
9.2.2 Extra time or additions will attract additional charges for any equipment hire together with any additional labour & overtime costs for completing the works based on our standard schedule of rates.
9.3 The Contract shall be suspended during any period, if a party is unable to perform its obligations hereunder, when by reason of a war, riot, strike, trade dispute or other caused beyond the control of, a party is unable to perform its obligations for such reasons.
9.4 The Contract is held between the Provider and The Customer. The Customer shall remain in Contract with the Provider if
a.) authorised signatory at time of Contract leaves the employment of the Customer;
b.) the Holding Company of the Customer premises changes either its Ltd Company name or its Trading name.
10.0 Plagiarism and copyright: Can be defined as taking and using, submitting another person’s ideas, work, methodology, words, images, or data without giving that person credit or proper acknowledgement. Plagiarism, a form of academic dishonesty, is intellectual theft and will not be tolerated. In order to clarify you should appreciate what constitutes plagiarism you should be aware that you have committed plagiarism when you use phrases, quotes, or ideas that are not your own, use facts or data not considered common knowledge.
For the avoidance of any doubt! This contract proposal and all information provided and leading up to this proposal are protected under Contract, Copyright and Plagiarism law. The information therefore cannot be used in any format whatsoever form the basis to offer a tender or contract without prior written consent.
11.0 Invoices and Notices
11.1 To be served at the address stated in contract unless otherwise directed.
12.0 Proper Law of Contract: This is governed by UK Law, to include England, Ireland, Scotland and Wales.