Terms & Conditions of Business

 

  1. Terms of Payment. Payment shall be made in advance of commencement of work, or within 30 days of issue of invoice, to be agreed on acceptance of quotation. Terms of payment shall be strictly 30 days or such shorter period as maybe specified in the quotation. Should there be any default in payment, Five Rivers Environmental Contracting Ltd (herein known as ‘the contractor’) may without prejudice, to any remedy open to us, suspend work. Any costs in suspension and resumption of work are reimbursable to us and will become part of the valuation for the period in which they occur. Payment is accepted by BACS, CHAPS, cheque or cash.
  2. V.A.T. This quotation is exclusive of VAT which, where applicable, will be added at the rate current at the time of execution on the contract and in accordance with the government VAT legislation.
  3. Paid when Paid. Under no circumstances do we carry out work under “Paid when Paid” contract.
  4. Measurement. The works are subject to re-measure on completion if required.
  5. Working Hours. This quotation is based on the work being carried out during normal working hours of 07:30 – 17:00. Should weekend, holiday or other extraordinary hours be required, this may incur additional costs at the contractors discretion
  6. Visits. This quotation is based on completing the works included in a single visit, or a number of visits agreed prior to works commencing. Extra visits will incur additional charges.
  7. Acceptance. This quotation will remain open for acceptance for a period of 30 days from the date thereon. We reserve the right to withdraw if bankers or other credit reference is not available.
  8. Timely appointment. The quotation is based upon a timely appointment to reasonably achieve the deadlines & timescales and the provision of information by the client to achieve the deliverables.
  9. Availability. This quotation is subject to the availability of materials, plant and labour at the time required. Liability cannot be accepted for delays or their effects either in whole or in part to causes out of our control.
  10. Variation of price. Our quotation is based on cost of labour, fuel, transport and materials prevalent at the date of enquiry. We reserve the right to pass on to you any subsequent increase or decrease in cost which may occur up to the date of commencement and/or during the progress of the work.
  11. Enquiry Information. This quotation is based on the information given with the enquiry. On receipt of working drawings, we reserve the right to alter our quotation if the detailed information varies from the original enquiry.
  12. Specification. If our quotation is submitted in response to a required specification, we do not warrant or guarantee (either expressly or by implication) that such specification is suitable for the conditions to be met.
  13. Retrospective design changes. Any such instruction from the client post review & agreement by the parties (namely the Client and contractor) may be subject to variation in the fees to be agreed.
  14. Access. This quotation is based on the contractor being allowed safe, suitable and uninterrupted access.
  15. Maintenance. Maintenance period, if specified, shall commence at the completion of our work and not per contract completion. Should the work be completed in sections, section completion will be applied for and agreed. Our liability is restricted to our workmanship and materials supplied by us, fair wear and tear expected.
  16. Retention of Title. All goods, for whatsoever supplied, shall remain the property of the contractor until paid in full. Notwithstanding that risk in the goods shall pass to the buyer upon delivery, full legal and equitable title and interest in all and any goods supplied by the contractor to the buyer shall remain vested with the contractor, including where such goods have been affixed to the land or property by the buyer or his agents, and shall not pass to the buyer until the contractor shall have received payment in full of all amounts due and owing from the buyer to the contractor for the time being (including any interest accruing and owing to the contractor).
  17. Copyright. The copyright in all drawings and other documents (including material in electronic form) provided by the contractor to the client remains vested with the contractor. The client shall have a licence to copy and use such material for the purposes for which they were provided the contractor shall not be liable for their use by any person for any purpose other than for which they were provided. If the client is in default of payment of any amount under this Agreement, formed by acceptance of the quotation by the client, the contractor may revoke any licence granted by giving 7 days’ notice. Neither party shall disclose to any other person any private or confidential information concerning the business of the other party unless authorised by that party or if disclosed to either party’s professional advisors or insurers or as required or permitted by law.
  18. Liability. Except in respect of death or personal injury caused by our negligence, in no circumstances whatsoever shall we liable, in contract, tort (including negligence or breach of statutory duty by us, our employees or agents) or otherwise, and whatever its cause, for a) any increased costs or expense, b) any loss of profit, business, contracts, revenues or anticipated savings, or c) any special, indirect or consequential loss or damage of any nature whatsoever which arise out of or in connection with our provision of works under the contract.
  19. Late Payment. All invoices are to be paid within 30 days from the date of invoice. All late payments will be subject to Later Payment Compensation per invoice pursuant to the Late Payment of Commercial Debts Act 1998 and all subsequent amendments. Interest on all late payments will be charged per invoice at the rate of 15% per annum from the date the invoice becomes overdue until the date of payment. The client will be liable for all the costs incurred by the company to achieve payment including those of a solicitor or agency employed by the company to collect payment. The client agrees to indemnify the company for all cost and expenses which it may incur (including all legal costs) in recovering any unpaid sum.
  20. Retention Money. No retention money shall be held without previous agreement, which should be negotiated prior to the start of works and in writing.
  21. Acceptance. Instruction to commence works, whether verbal or in written communication, will be considered as an acceptance of the terms and conditions.
  22. Contractor’s obligations. In performing the services described in the attached quotation, the contractor shall exercise all the reasonable skill, care and diligence to be expected of an appropriately qualified and competent contractor experienced in carrying out equivalent services for projects of a similar size, scope, complexity, value and purpose to this project. The contractor will use reasonable endeavours to perform the services in the quotation in accordance with any programme set out in the quotation. The contractor will inform the client if the contractor considers any change or instruction from the client is outside the scope of the services and will cause a change to the programme and/or change to the level of fees or expenses. The contractor may not assign or transfer any benefit or obligation under the quotation without the prior written agreement of the client.
  23. Client’s obligations. The client shall pay the contractor for the performance of the services the fees and expenses set out in the agreement, formed by acceptance of the quotation by the client. The client shall supply the contractor with all necessary and relevant data and information in its possession or in the possession of any of its contractors or other professional advisors and all instructions, decisions, consents or approvals in good time to avoid delay to the performance of the services. The client shall make an additional payment to the contractor if the contractor has to carry out additional work and/or suffers delay or disruption in the performance of the services for reasons beyond the contractor’s control, including instructions or decisions by or on behalf of the client. The additional payment will be calculated on the basis set out in the quotation. The contractor shall if requested by the client and where practicable give an initial estimate of any additional payment likely to be charged and how it is to be calculated. The client may not assign or transfer any benefit or obligation under the agreement, formed by acceptance of the quotation by the client, without the prior written agreement of the contractor.
  24. Termination. The client may terminate the appointment of the contractor in the event of a breach of this agreement by the contractor or in the event of the insolvency of the contractor by two weeks’ notice in respect of all Services. The contractor may terminate their appointment in the event of a breach of this agreement by the client or in the event of the insolvency of the client by two weeks’ notice. In this agreement ‘insolvency’ shall mean either party becoming bankrupt going into liquidation (either voluntary or compulsory except as part of a bona fide scheme of reconstruction or amalgamation) being dissolved compounding with its creditors or having a receiver administrative receiver or administrator appointed for the whole or part of its assets. If circumstances arise for which the contractor is not responsible and which the contractor considers makes it irresponsible to perform all or any part of the services, the contractor shall be entitled to terminate the appointment by two weeks’ notice. In the event of any termination the client shall pay the contractor a fair and reasonable amount on account of fees due and commensurate with the services performed to date of such termination and any outstanding expenses. Termination of the contractor’s appointment under this Agreement shall not prejudice or affect the accrued rights or claims of either party.