Acceptance of the tender includes acceptance of the following Terms and Conditions.
2. Period of Tender
The tender remains open for 30 days unless previously withdrawn. Thereafter the tender is subject to confirmation or adjustment by the Contractor.
3. Basis of Tender
i. All increases or decreases in labour and/or material costs arising after the date of tender maybe recovered from or allowed to the Customer unless the tender expressly excludes this condition.
ii. The tender is based on the work being effected during normal working hours, Monday to Friday.
iii. Variations or additional work shall be charged on time and materials basis unless the subject of a separate quotation accepted by the Customer.
iv. The laying of cables and conduits runs is by the shortest practicable routes.
v. Work by other trades, any statutory fees or any charges for works done by Supply Authority or Local Authority is not included.
vi. Whilst reasonable care will be taken, the tender does not include for incidental redecoration or other works consequent upon the proper execution of the work.
4. Terms of Payment
i. Payment in full shall be due on completion of the work and shall be made within 14 days of the date of a written application/invoice submitted by the Contractor.
ii. Where the contract period is in excess of 4 weeks, written applications/invoices maybe submitted monthly for the total value of work executed, less previous payments, the net amount due to be paid by the Customer within 14 days.
iii. Failure by the Customer to make payment within the 14 day period last mentioned shall entitle the Contractor to suspend work and/or charge interest on the amount outstanding a 3% above basic rate of the Contractors Bank.
The Contractor shall endeavour to carry out the work within the period stipulated or, if no period is stipulated, within a reasonable time, but shall not be held responsible for any loss or damage arising out of delay due to any cause beyond the Contractors control.
6. Consequential Loss or Damage
Without prejudice to the Customers statutory rights, the Contractor will pass to the Customer the benefit of any guarantees the Contractor has received in respect of materials supplied by the Contractor and undertakes to repair or, if necessary, replace free of charges any materials or work found to be defective if the defect is due to faulty workmanship by the Contractor, his servants or agents and is bought to his attention within the 12 months of the completion of the work, provided nevertheless that:
a) The Contractor accepts no responsibility for any drawing, design or specification not prepared by him.
b) The Contractors responsibility to the Customer is limited to the fulfilment of the contract in a proper and workmanlike manner and the Contractor shall not be liable for any consequential loss or damage arising out of the execution of the contract, unless due to the negligence of the Contractor, his servants or agents.
c) The Contractor shall not be liable for any wear and tear, loss or damage, direct or indirect, nor for any extra work entailed due to the apparatus being put into operation by the Customer or by the Contractor, his servants, or agents at the Customers request before it is handed over for beneficial use.
d) The repair or replacement of any faulty work or materials shall only be carried out by the Contractor, his servants, or agents; otherwise the Contractors warranties as to repair or replacement shall not apply.
7. Title of Goods
The risk in the goods shall pass to the buyer on delivery, but the goods remain the property of the seller until paid for.