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TERMS & CONDITIONS
GENERAL
Subject to Terms and Conditions of Addvance Business Solutions Ltd. E.&.O.E.. See www.addvance.co.uk
All figures are in UK £ Sterling, excluding VAT. Quotations are valid for 30 days.
The Proposal/Contract is to supply the services, products & specification as explained in detail within Addvance's Order Instruction or Proposal Document. No other service, product or performance criteria shall form part of the Proposal or Addvance's contractual responsibility.
All Information to be treated in confidence between the client, sub-contractor and Addvance.
Costs may be subject to variation where no Pre Contract H&S plan is in place, no access to O&M manuals or any amendments to final approved design, selection of finishes, after strip out and during landlords & local authority approvals. Budget or PC Sum refers to Provisional Cost where no definitive cost is available within the timescale of the proposal.
PERMISSIONS
At all stages responsibility (& costs incurred) for legal, landlord & statutory requirements, compliance, regulations & approvals will remain with the client as the contracting company.
Building Regulations costs included do not include for Local Authority Fees for plan submission and inspection of works, which remain the Clients responsibility and are invoiced directly to the occupier.
Planning Permission is not included as a service, and any permissions required, to include change of use and listed buildings may severely delay the project as works cannot commence until approved.
Responsibility for amendments as required by the Landlord, Building Regulations, Fire Officer, Planning Authorities, H&S or other approving bodies will remain with the client. Any additional costs incurred will be the clients responsibility.
DESIGN
Design proposal excludes fees for any Structural, Mechanical, Electrical, Plumbing, Material & Product Design or Survey work which must be undertaken by qualified professional specialists directly for the client, with appropriate indemnities and insurances to cover this work.
Any product design and specification will be as undertaken by the manufacturer, and will be subject to their indemnities , warranties and insurances.
Where the Building CAD plan has been provided to Addvance we do not take responsibility for its accuracy or any implication on the approved design.
Copyright is maintained by Addvance on all design and specifications, and should not be copied or passed to third parties without the express written consent of Addvance.
BUILDING SERVICES
It is assumed that the existing Building M&E has been properly serviced & installed in accordance with the manufacturers, statutory & local authority requirements, and that full O&M Manuals are available.
It is assumed no hazardous materials or installations are on site. It is the clients responsibility to advise any hazards as part of the pre contract health & safety plan and asbestos register. Costs of any rectification required or removal off site remain the clients responsibility.
It is assumed all electrical installations in place to conform with BS7671 I.E.E. Regulations 2001 (2004), BS5266, BS6396 and C.D.M. Regulations 1994, and that the installation is properly mapped and maintained in accordance with these requirements.
It is assumed all fire alarm installations in place are designed conform to BS5839-1 2002, plus BS5266 Emergency lighting, BS 5839 Smoke detection and BS 5499 Signage and that the installation is properly mapped and maintained in accordance with these requirements.
The client will provide unrestricted access and free use of all services & utilities during the installation period
DELIVERY & INSTALLATION
Unless stated works are costed for completion in normal working hours, Monday to Friday.
Delivery and installation services are provided to clear site only during normal working hours. The area and access should be clear of other contractors and materials. Site and vehicle access will remain the responsibility of the client.
It is presumed that all deliveries can be made direct to the place of work during normal working hours using the supplier's standard transport vehicles. Any delay or variation may be recharged at cost.
Addvance reserve the right delay installation if the site is not clear or cannot proceed safely. Additional delivery, installation and disposal costs incurred will be passed onto the client.
OWNERSHIP
Ownership of all goods and services provided shall remain with Addvance until payment is received in full. Goods may not be removed, resold or transferred until Addvance has been paid and ownership has passed.
Risk of loss or damage shall pass to the purchaser at the time of delivery. Where goods are lost, damaged or destroyed after delivery and before ownership has passed the purchaser accepts (in receiving delivery) that they will indemnify Addvance against any loss incurred.
LIABILITIES
In appointing Addvance the Client Company shall acknowledge that Addvance is acting for and on behalf of the appointing company at all times.
Where Addvance is acting as the Project Manager the client will indemnify Addvance against any liability in relation to the specification and works carried out.
Addvance accept no responsibility or liability for Contract Performance or Quality on behalf of Suppliers, Contractors or Sub Contractors appointed on the clients behalf.
INSURANCES
The client will insure themselves, the property and contents during the contract period to the satisfaction of the landlord and sufficient to cover any reasonable risk or liability caused as a result of the works.
Manufacturers & Sub-Contractors shall effect and keep in force during the contract period and for 24 months thereafter and make available for inspection Policies of Insurance to include employees, public and product liability with such insurers and in such a sum to cover against his liabilities under the Sub-Contract.
Structural, Mechanical, Electrical, Plumbing, Product & Material Design or Survey work must be undertaken by qualified professional specialists directly for the client, with appropriate indemnities and insurances to cover the risk and potential liability for this work.
Addvance will keep in place Policies of Insurance to include employees, public & product liability and professional indemnity with such insurers and in such a sum to cover against the liabilities in its role as co-ordinator and project manager for office space planning, office fit out and furniture installations. Addvance does not undertake Construction/MEP/Structural design or works.
WARRANTIES
Continuity & Warranties are as provided by the manufacturer only, guaranteeing products against defective materials and workmanship under normal use. Please refer to manufacturers warranty statements for exact periods & terms.
The manufacturers policy is one of continuous development, and they reserve the right to alter product specification, finishes and prices without notice. All orders are accepted on this basis.
Due to limitations in the photographic, print and production processes finishes may vary from published material and between manufacturing batches.
PAYMENT TERMS
Unless otherwise stated payment terms are 35% mobilisation payment with order, 60% on effective contract completion or date of occupation (whichever is the sooner) and 5% snagging balance due within the following 30 days. See below for additional terms covering long term projects
On projects with programmes over 8 weeks the 60% due on completion will be paid in 2 instalments, 30% payable after 4 weeks or mid point of the project, and the remaining 30% on effective contract completion or date of occupation (whichever is the sooner)
Addvance reserve the right to charge an additional cost for all outstanding invoices in accordance with government legislation. Addvance progresses outstanding debts through the FSB collection service.
Orders cannot be amended or cancelled except on terms which indemnify Addvance against any cost or liability incurred.
OTHER
Unless specifically requested Addvance otherwise reserve the right to photograph and document installations for use in its promotional material.
Force Majeure - Addvance shall be under no liability if it shall be unable to carry out any provision of this contract for any reason beyond its control. Under such circumstances the client will be liable for all costs incurred to include materials purchased, contractual commitments and work completed to date
Any variation of these terms and conditions must be in writing and agreed by a duly authorised official of Addvance. The Terms and Conditions herein are the only Terms and Conditions of the contract between us and all those contained in your quotation.
H&S - CONSTRUCTION, DESIGN & MANAGEMENT REGS 1994
At all stages responsibility for health and safety on site and during the works period remain with the client.
"Duties on Clients
- To appoint competent
- Designer
- Planning Supervisor
- Principal Contractor
- To ensure construction does not start until Construction Phase Health and Safety Plan has been prepared to include provision of O&M information and identification of risk to include hazardous materials
- Provide Planning Supervisor with relevant information about site and existing structures within Pre Tender Health and Safety Plan"
"Duties on Designers
- To inform Client of duties
- To ensure as far as reasonably practical the design is safe to
- Construct
- Maintain
- Repair
- Demolish
- To reduce the risk – hierarchy
- To inform the planning supervisor of significant or unusual risks that could not be designed out as part of the Pre Tender Health & Safety Plan"
"Duties on Planning Supervisor
- Check that design can be constructed without significant risk to workers
- Ensure F10 Notice of the project is given to HSE
- To ensure a Pre Tender Health & Safety Plan is prepared
- To ensure that a Health & Safety file is prepared and delivered to the Client on completion"
"Duties of the Principal Contractor
- Develop and implement the health & safety Plan
- Assess competence and provision of adequate resources for H&S
- Obtain and check Project specific Risk Assessments and Safety Method Statements from Contractor
- Ensure the coordination & cooperation of Contractors
- Ensure training for H&S is carried out
- Have appropriate communication between contractors on site
- Allow only Authorised people on site
- Display F10 Notification
- Monitor H&S performance
- Pass information to the planning supervisor for Health & Safety File"
ADDVANCE SUB-CONTRACTOR'S TERMS & CONDITIONS
The Sub-Contractor shall provide and use all necessary workmanship, materials and plant and equipment for the carrying out of the Sub-Contract Works which shall comply with BSI standards and relevant codes of practice where they exist and which in any event will be of a quality and standard which is to the satisfaction of the Building Inspector and Addvance.
SUB CONTRACT DESIGN
When the Sub-Contract Works include the preparation of designs or details the Sub-Contractor warrants that such designs and details shall be safe and suitable for their purpose, comply with requirements of relevant statutory undertakings, regulations and the like and will indemnify Addvance against loss or damage howsoever caused arising out of it or in connection with such designs or details and against all claims or demands by any person in respect of such loss or damage as aforesaid.
Any Structural, Mechanical, Electrical, Plumbing, Material & Product Design or Survey work which must be undertaken by qualified professional specialists directly for the client, with appropriate indemnities and insurances to cover this work.
MISTAKES IN INFORMATION
The Sub-Contractor shall be responsible for and shall pay the extra cost, if any, occasioned by any discrepancies or omissions in the drawings and other particulars supplied to or by him whether they have been approved by the Addvance or not.
PROGRESS AND COMPLETION
Contract placed strictly in accordance with project programme and contract completion date, to include site set up and prelims commencing with 5 working days unless otherwise agreed.
If the Sub-Contractor fails to complete the Sub-Contract works or any section thereof within the period specified or agreed or any extended period agreed by the Company, then the Company reserves the right to recover any incurred costs from outstanding balances held by Company.
The Sub-Contractor shall keep in contact with the Company to keep himself informed of the progress of the works and agree any appropriate alteration for the carrying out of the Sub-Contract Works.
SAFETY REQUIREMENTS
During the contract period the Sub-Contractor shall ensure full compliance with his responsibilities under the Health & Safety at Work Act 1974 and any relevant regulations made there under and with Addvance's Safety Policy which is available for inspection on site.
CLEARING UP
During the process of the Sub-Contract Works the Sub-Contractor shall keep every part of the site occupied by him clean and cleared of all rubbish occasioned by his operations. Such rubbish shall be safely disposed of in accordance with local authority requirements.
SECURITY
The Sub-Contractor shall make himself aware of and comply with any security arrangements relating to the Works or the site and when first in or last out take ownership of opening and securing the property.
UNFIXED MATERIALS (Labour and Material Sub-Contractors)
i) The Sub-Contractors shall have sole responsibility and risk of Goods and Materials until such time as they are assembled, finished and signed off to the satisfaction of the Company. Property in the goods and materials will pass to the client
ii) The Sub-Contractors shall have sole responsibility and risk of Plant and Tools while on site.
PAYMENT
Unless otherwise agreed the company shall pay the Sub-Contractor 30 days after receipt of final invoice for completed and signed off works, less retention money or discount (if any) which the Company may be entitled to deduct.
The value of all variations required shall be agreed prior to invoice, and be determined on the basis of fair rates and prices by the Company.
ASSIGNMENT OR SUB-LETTING
The Sub-Contractor shall not assign or sub-let the Sub-Contract Works or any part thereof without the Company's written Consent.
INDEMNITY
The Sub-Contractor shall indemnify the Company against and from any claim liability, loss, expense or proceedings arising under any statue or common law.
a) In respect of personal injury or to the death of any person.
b) In respect of any damage to property real or personal including to the Works, provided that the same arises out of or by reasons of the Sub-Contract Works
INSURANCE
Manufacturers & Sub-Contractors shall effect and keep in force during the contract period and for 24 months thereafter and make available for inspection Policies of Insurance to include employees, public and product liability with such insurers and in such a sum to cover against his liabilities under the Sub-Contract.
DAMAGE TO EQUIPMENT/WORKS
The Sub-Contractor shall be responsible for all repair costs for any damage caused by acts of the Sub-Contractor or his employees to the works, property or equipment on site.
TERMINATION
Addvance has the right to terminate the Sub-Contract if the Sub-Contractor goes bankrupt or makes a composition or arrangement with his creditors or has a winding up order made or (except for the purposes of company reorganisation) a resolution for voluntary winding up is passed or a provisional liquidator, receiver or manager of his business is appointed.
Addvance reserves the right to determine the Sub-Contract should the Sub-Contractor fail to comply with the following clauses. 2, 3, 4, 9, 10, 11, 12
All costs incurred through terminating and recommissioning the sub-contract works will be the responsibility of the terminated sub contractor, and will be deducted from outstanding monies or civil recovery.
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