CONDITIONS OF CONTRACT
Each Condition of Contract stated below is binding on both parties unless either any one or more of these conditions are expressly and specifically superseded by subsequent condition or conditions, mutually agreed in writing.
1. Extent of Works.
The extent of the works are as detailed in the quotation letter or Bills of Quantities attached thereto. The full extent of the works to which this quotation refers is based on information made available to us prior to the submission of the quotation and/or such information
That could have been accessed by us at that time as far as was reasonably practicable.
2. Facilities to be provided by the Client / Employer at no cost to Carymar Construction Services Ltd.
(a) Unless stated otherwise our quotation does not include for any scaffolding above 3 metres high.
(b) When work on roofs is involved we have not included for any roof edge protection unless stated otherwise.
(c) Where appropriate, site welfare facilities to be provided for our employees at no cost to Carymar Construction Services Ltd.
(d) Any other facilities etc. as specified in writing in other Contract Documents.
3. Working Hours.
Unless otherwise specifically provided the whole of the work shall be carried out during normal working hours in accordance with the Working Rules as approved by the National Joint Council for the Building Industry, and Carymar Construction Services Ltd reserve the right to submit an additional charge when requested to undertake works outwith these hours.
4. Programming of Works.
(a) Carymar Construction Services Ltd shall use its best endeavours to meet previously agreed commencement and completion dates. However unless otherwise specifically stated it will not be held liable for any claim arising from its failure to do so.
(b) Where specific phasing or programming of the works is involved we require seven days notice of the specific programme before commencement and also seven days notice in the event of alteration to the programme during the course of the contract. This would be in addition to any statutory period for pre-notification to Enforcement Authorities when or where applicable
5. Payment (Due to Carymar Construction Services Ltd).
(a) For Contracts where the specified or actual duration of the works is less than 45 consecutive days the Due Date for payment shall be on the expiry of 30 days after completion of the works or on the making of a claim for payment, whichever is the later.
(b) For contracts where the specified or actual duration of the works exceeds 45 consecutive days, stage or interim payments shall be due at 28 day intervals. The Due Date for payment shall be on the expiry of 7 days following each period or on the making of a claim for payment whichever is the later. As is industry practice we do not agree to any retention being held on removal works.
6. Late Payments.
(a) Carymar Construction Services Ltd reserve the right to claim interest payments if they do not receive payment of the amount, or any part thereof, due to them under the Conditions of Contract by the Final Date for its payment. In this event the payer shall pay to Carymar Construction Services Ltd in addition to the amount not properly paid simple interest thereon for the period until such payment is made. Please note all accounts beyond our credit terms will be passed to our debit collection agency, Yuill & Kyle Ltd. All accounts, without exception, will be subject to a surcharge of 15% plus vat to cover our costs of recovery. These accounts will be subject any legal costs incurred in obtaining settlement.
(c) In addition to 6(a) above, Carymar Construction Services Ltd also reserve the right to suspend performance for non payment.
ASBESTOS - SUPPLEMENTARY CLAUSES:
QP 1.6 Revised April 2017.
1. Carymar Construction Services Limited is a licensed contractor under the Asbestos (Licensing) Regulations and accordingly we will carry out all asbestos removal/treatment work in compliance with the Control of Asbestos Regulations 2012 and all current Approved Codes of Practice. We will provide changing and hygiene facilities for our operatives (Decontamination caravan). Toilet facilities and other welfare facilities to be provided by our client unless other specific provisions have been made.
2. In accordance with the legislation stated above we will provide for our operatives only, all necessary personal protective clothing and equipment. We have not included in our price for supplying this to any other personnel.
3. All contaminated waste will be placed in double polythene bags (permanently marked, appropriately identifying the contents and sealed). These bags will be deposited in a lockable waste skip before being disposed of at a licensed waste tip. The bags, skip and vehicle will be provided by Carymar Construction Services Ltd.
4. The client will be expected to provide "off street" parking space to accommodate the decontamination caravan and the waste skip.
5. This quotation is based on known Health and Safety Regulations in force at the date of submission. New, revised or amended regulations introduced after that date resulting in additional costs will be invoiced as extra to the contract.
6. Water:- Electricity – Drainage: A suitable and free supply of these services are to be provided by the main contractor / client.
7. All electrical services within the area where asbestos is to be removed must be made electrically safe, preferably by isolation.
8. Where asbestos removal works are carried out within buildings we shall arrange for an independent UKAS laboratory to carry out the 4 stage Certificate of Re-occupation. We reserve the right to dispense with this where the client arranges for this to be undertaken by a suitable laboratory of his own choice.
9. Where buildings will be occupied during the course of the actual asbestos removal works it may be necessary to undertake background / reassurance air monitoring to confirm that the hazard is confined to our enclosed work area. As the need for this provision is not always confirmed at tender stage we have not included for these costs in our tender, unless specifically stated otherwise. Nevertheless to comply with Health & Safety legislation we reserve the right to have such air monitoring undertaken by an independent UKAS laboratory. The cost of such tests may be charged net. as an addition to other sums agreed and shall be due to us by the client.
10. To comply with their Statutory requirements, Clients are requested to formally advise us of any hazardous materials, equipment etc. which we may encounter at our place of work and advised on the precautions necessary to enable us to provide our operatives with a safe place of work.
11. Certificate of Re-occupation – (CAR – Regulation 16)
The extent and or quantity of asbestos removal works to be undertaken by us are as detailed in the Contract Documents, our written quotation or otherwise agreed in writing. Should additional works subsequently prove necessary, arising through no failure on our part, in order that a Certificate or Re-occupation be issued then we reserve the right to charge for such additional works and other related costs. Similarly in such situations we cannot accept responsibility for any consequential loss to the client arising from failure to obtain a Certificate of Re-occupation.