Unless otherwise agreed by us in writing, the following terms and conditions shall apply to all orders placed with us. Any stipulations or conditions in a customer’s order which would conflict with / qualify /negate any of these terms and conditions shall be inapplicable to any order placed with us unless expressly agreed to by us in writing when acknowledging the order in question.
1. BASIC CONDITION
Proco Services Ltd (the Company) shall provide all labour, materials and equipment necessary for carrying out the contract unless stated to the contrary in writing by the Company. However, when mains electricity or water supply is required it is assumed that reasonable use of the site services, including welfare facilities, will be allowed at no cost to the Company.
2. SAMPLES
Samples submitted for approval must be accepted as showing substance and general character only. Equality of the bulk as to colour, size, thickness or shape cannot be guaranteed.
3. STATUTORY REQUIREMENTS
It is the responsibility of the Customer to obtain any planning permission and/or approval for the said works under any regulation or bye-law of any local or other statutory authority prior to commencement of the contract.
4. UNLOADING & STORAGE
The Customer shall be responsible for the receipt, storage and safe-keeping of materials and equipment prior to the commencement of work and shall, when requested, provide suitable protective storage for valuable and perishable items. In addition, the customer shall take all reasonable precautions to ensure against theft of, or damage to, plant and materials during any periods of the Company’s absence from the site works.
5. WORKING HOURS
All work is to be undertaken during normal working hours (Monday to Friday) with unrestricted access to site for continuity of work in proper sequence and in an economical manner from commencement to final completion.
6. CONSEQUENTIAL DAMAGE
Although every effort will be made to supply the best goods or materials of the type specified, and a high standard of workmanship, the Company shall not be held responsible for consequential damage, howsoever arising, in connection with the work. This includes, but is not limited to, damage caused by vibration, damage to roads, paths and driveways caused by carriage or storage of materials thereon, and subsequent ingress of rainwater etc.
7. DELAYS
The Company shall not be held responsible for delays caused by any strike, lock-out, fire or flood or by inclement weather or by default of suppliers in late or incorrect delivery of materials etc. or by any other circumstances beyond the Company’s control or for any loss as the result thereof. If the Company’s work is delayed by the Customer or other trades, or there is an aborted visit for whatever reason, a charge will be made at the discretion of the Company.
8. MATERIALS
All materials brought onto site to be fitted by us remain our property until payment in full has been made for the work undertaken.
9. RE-USE OF MATERIALS
Where existing materials are for any reason required to be removed and set aside for later re-use, every reasonable care will be taken during the course of the work, but the Company shall not be held responsible for any breakages or theft of materials. These will be replaced and charged as an addition to the final account.
10. STORM DAMAGE
Although every reasonable care will be taken during inclement weather to prevent damage by rainwater, wind etc. the Company shall not be held responsible for any loss or damage caused directly or indirectly thereby. The Company reserves the right to delay works where weather conditions could cause damage or harm.
11. VARIATIONS & EXTRAS
When additional work not covered by our estimate is necessary, the Customer will be informed of the work required and the additional costs which will be charged as variations/extras.
12. RULING PRICES
Our estimates remain valid for acceptance for a period of 30 days unless stated otherwise, thereafter being subject to fluctuations and ruling prices of materials, labour and insurance etc. Where increased costs will be incurred, the Company reserves the right to revise the estimate for re-acceptance by the Customer. Unless stated otherwise, prices are exclusive of VAT which will be charged in addition at the prevailing rate.
13. GENERAL
• Notwithstanding anything herein contained, the Company shall not be liable to the Customer in any circumstances whatsoever for any loss of profit loss of contracts or any other consequential loss.
• No action or arbitration proceedings whether in contract or tort may be brought by either party more than one year after the party concerned became aware, or reasonably should have become aware, of the facts constituting a cause of action.
• These Conditions contain the whole of the Company’s liabilities and all conditions and warranties implied by statute common law or trade usage are hereby excluded.
14. SUB-CONTRACTING
The Company reserves the right to arrange for the whole or any part of the order to be performed by Sub-Contractors.
15. INSURANCE
The Company and the Customer shall effect and keep in force policies of insurance of adequate amounts against their respective liabilities under statutes for the time being in force in respect of injuries to persons and at Common Law in respect of injuries to persons or property arising out of and in the course of execution of the Contractor’s work and/or arising out of and in the course of the employment of any person employed by either party.
16. CONTRACT WORKS INSURANCE
The existing structure, together with the contents thereof, owned by the Customer or for which he is responsible, and the works and all unfixed materials and goods, delivered to, placed on or adjacent to the works and intended for the works (except temporary buildings, plant, tools and equipment owned or hired by the Company or any sub-contractor) shall be at the sole risk of the Customer as regards: loss or damage by fire, lightning, explosion, storm, tempest, flood; bursting or overflowing of water tanks, apparatus or pipes; earthquake, aircraft and other aerial devices or articles dropped from same, riot and civil commotion; and the Customer shall maintain adequate insurance against these risks.
17. TERMS OF PAYMENT
• Our standard payment terms are upon completion, unless stated to the contrary in writing by the Company. Where a deposit is required, the Company must be in receipt of the cleared funds prior to commencing any work.
• The Company reserves the right to claim interim payments as the work progresses. Withholding of any money due to the Company by the Customer shall invalidate any guarantee which would otherwise apply. Where interim payments for on-going work are not received by the due date, the Company reserves the right to suspend all work until such payment has been received in full and any additional costs incurred will be charged to the Customer.
• We are unable to accept credit/debit card payments; payment via electronic transfer is preferred where possible.
• We reserve the right to refuse to execute any order or contract if the arrangements for payment or the Customer’s credit worthiness are unsatisfactory to us.
• In the case of non-payment of any account when due or in the case of death, incapacity, bankruptcy or insolvency of the Customer; or when the Customer is a Limited Company, in the case of liquidation or the appointment of a receiver; then the purchase price of all goods delivered and/or work executed by us to the Customer to date and any sums due to us from the Customer for the hire of plant/machinery or due on any other account will immediately become due and payable from the Customer to us. In addition we reserve the right to cancel every contract made with the Customer or to cancel or suspend or discontinue delivery of
• goods and materials and/or the execution of works and/or the hire of plant/machinery at our absolute discretion without prejudice to our right to recover any loss sustained.
• Late payments: we understand and will exercise our rights under the Late Payment of Commercial Debts (Interest) Act 1998 to charge interest and claim compensation for late payments.
• Legal action: our Company will vigorously pursue all debtors until full payment has been received; including all costs incurred when legal action is pursued through the Courts.
18. SEVERANCE
If at any time any one or more of the provisions of these conditions become or are held invalid illegal or unenforceable in any respect under any law the validity and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
19. CANCELLATION
Cancellation of all or part of orders already accepted by the Company will be accepted only at the Company’s discretion, and the Company reserves the right to charge for all work undertaken and expenses incurred in relation to the order prior to receipt of the cancellation.