Contract Furniture - Standard conditions of trading

 

1. Acceptance

Unless withdrawn or renewed, quotations are valid for acceptance within 28 days.

2. Designs

All Schemes, layouts, designs, drawings and patterns remain the property of the Contractor and may not be used by a third party without prior written consent and full payment of all consultancy fees and expenses.

3. The Contract Price

The Contract Price includes the work specified in the quotation. It is based on available information, and the cost of materials, labour and transport ruling at the date of issue. In the case of discrepancy between the specification and the drawings, the specification shall prevail.

4. Variations

The Contractor reserves the right to amend the Contract price as a result of any of the following variations occurring during the course of the Contract, or during the period of acceptance.

4.1.Any variations made to the specification at the request of, or within the agreement of the Customer.

4.2.Any alteration in wage rates, working conditions, costs of materials, transport of taxation.

4.3.Any work which is required to be done outside normal working hours or days, unless otherwise agreed in writing.

4.4.Any suspension or delay of site work for reasons outside the control of the Contractor.

4.5.Any additional transport, storage or handling of items resulting from the customer or his employees being unable to accept delivery of those items in accordance with the agreed programme.

4.6.Any failure of the Customer to comply with any other clause of these conditions for which he is responsible.

4.7.Any quantities of materials supplied or labour involved additional to that set out in the estimate.

5. Provisional Sums

Where ‘Provisional Sums’ are included as a part of the contract tract price they shall be understood to represent a reasonable assessment of the costs involved, based on the information available to the Contractor at the time and the contract price shall be amended to cover the gross costs incurred in carrying out the work to which they refer.

6. Sub-Contract

The Contractor reserves the right to sub-contract all, or any part of such work and services as he may, at his discretion, deem necessary.

7. Cancellation

The customer shall not cancel any order or part of an order, except with the written consent of the Contractor on terms which will indemnify the Contractor against all loss and expenses incurred.

7.1.In the event of the Customer’s premises being destroyed or substantially damaged, the Customer shall be at liberty to terminate the contract upon paying the Contractor for the work actually executed and materials supplied or appropriated or on special order for the contract.

7.2.If the customer fails to comply with any clause of these conditions for which he is responsible, the Contractor may cancel or suspend any uncompleted works and the Customer shall be liable for costs and expenses incurred.

8. Materials

All materials are offered subject to any particular directions as to use and usual conditions of sale imposed by the manufacturers and/or suppliers of such materials and the Contractor accepts no responsibility for variations in pattern, colour, texture or dimensions inherent in those materials nor for any subsequent deformation, splitting, crazing discolouration or other defects caused by extremes of temperature, humidity, dampness or light.

9. Authority

The Customer shall be deemed to have received all necessary authorisations in respect of the specified works. Any modification to the specification or drawings required by any authority and any liaison between Contractor and any such authority may be treated as a variation and the contract price modified accordingly.

10. Site Facilities

Sites must be clear and level with clear access, lifts and service being freely available including convenient electric power, adequate lighting, water supply, and suitable secure storage facilities for plant and materials.

11. Delivery

All prices quoted exclude delivery to site and off loading to tailboard. The Customer shall provide free of charge, labour to off load and handle to site floor and position, unless otherwise agreed.

12. Damaged Goods

No liability can be accepted for goods delivered or installed in a damaged condition unless the Customer informs the Contractor of such damage within three days of delivery of installation.

13. Responsibility

The responsibility for all the materials and goods delivered to the site (except the plant and tools of the Contractor) shall pass to the Customer who shall be solely responsible for the same and shall insure accordingly

14. Exclusions of Liability

The Contractor shall not be responsible for the following.

14.1.Delays caused by delays in the supply of materials or items outside the control of the Contractor and which the Contractor could not reasonably have foreseen or avoided.

14.2.Loss or delay caused by strikes, lockouts or ‘force majeure’.

14.3.Damage to workmanship, materials and equipment on site.

15. Payment

The customer shall pay to the Contractor the total Contract price, amended in accordance with any variations within 14 days or receipt of the invoice unless previously agreed in writing.

15.1.The contractor may submit interim invoices at intervals of not less than 14 days during the course of the Contract. If these are not paid by the Customer within 14 days, the Contractor may suspend all or part of the works until the y is settled in full.

16. Ownership of Goods

The property in the goods shall remain in the Seller until the Seller has received full payment therefore. If such payment is overdue in whole or in part the Seller may (without prejudice to his other rights) recover or resell the goods or any of them and may enter upon Buyer’s premises for that purpose. If any of the goods are mixed or converted into other goods before such payment, the property in the whole of such other goods shall be and remain with the Seller until the Seller has received full payment. The Buyer agrees to store such goods or any mixture of conversion of those goods in good order and in such a way that they are readily identifiable as the property of the Seller. If the Buyer sells or disposes of the goods or such other mixture or conversion of the goods, the Buyer will hold the proceeds of such sale or disposal and any rights of our claims against third parties arising from such sale or disposal upon trust from the Seller as security for the payment to the Seller of all amounts due to the Seller. The Buyer will take such steps as are necessary to keep such proceeds separate from other monies.