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withdrawn or renewed, quotations are valid for acceptance within 28 days.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