Hurtwood Ltd Standard Terms and Conditions
NOTE: Special Conditions, Special Exclusions, and Special Conditions for Completion take precedence over those listed below.
These T&C cover both installation of equipment “Installation Projects” on a clients site and the supply of control equipment “Goods” to Clients and Installers.
1 Form of Contract
The form of contract is understood to be To Be mutually agreed but where the form of contract terms and conditions conflict with those set out below clauses 2 to 22 inclusive hereunder shall take precedence.
Our tender price totally excludes any allowances (Except where crossed out) for:
2.1 Builders work, panel bases and plinths, removal and replacement of building fabric elements, cutting holes, making good and painting.
2.2 Provision and cost of fuel and power for installation, commissioning and demonstration.
2.3 Temporary electrical supplies.
2.4 Compressed air supplies and associated equipment.
2.5 Provision of continuous site representation.
2.6 Work being carried out other than in normal working hours.
2.7 Provision of on-site health and welfare facilities.
2.8 Provision of ‘Planning Supervisor’ duties.
2.9 Working with, removal and handling of asbestos related material.
2.10 Removal, making good and replacement of thermal insulation.
2.11 Attendance upon other parties.
3.1 Responsibility for the design of the system for which we have tendered shall remain vested in the authors of the specifications and information included in the tender documents.
3.2 Our Tender includes an allowance for system engineering work to select, co-ordinate and configure equipment, hardware and software of our supply in accordance with the specifications and information received in order to satisfy the specified performance requirements insofar as these may be achievable within the capabilities of the plant, equipment and systems to be controlled.
4 Construction or Supply Programme
4.1 Our tender or quotation price is based upon the mutual agreement of a comprehensive co-coordinated programme for the works within four weeks of the date of our acceptance of your instruction to proceed.
4.2 The programme shall state agreed start and completion dates and progressive timescales for receipt of information, goods, approvals, deliveries, installation, commissioning and demonstration of the works.
5 Working Drawings (For Installation Projects only)
Unless otherwise specified in the tender documents we undertake to provide 3 copies of each issue of Working Drawings to our immediate customer.
6 Commissioning (For Installation Projects only)
6.1 Commissioning shall be undertaken within the contract period during a timescale to be agreed and written into the construction programme.
6.2 We shall commission all equipment within the direct scope of our works where applicable in accordance with the principles of the CIBSE Commissioning Code Series C for Automatic Control Systems.
6.3 Should the agreed timescale cease to be accommodated within the contract period for reasons beyond our control, commissioning shall be completed thereafter and we shall be exempt from any liability for damages for delay including but not limited to liquidated and ascertained damages.
7 Demonstration (For Installation Projects only)
Unless otherwise defined in the tender documents we shall undertake demonstration of the works to an agreed procedure within duration of 10 days to provide reasonable and adequate proof of the effectiveness of system operation.
8.1 For installation contracts, unless otherwise specified in the tender documents we shall provide training to nominated personnel in the basic operation of the system for duration of 1 day for 5 person to be undertaken at times to be mutually agreed in writing.
8.2 Any training requested additional to the above shall be subject to a separate supplementary quotation.
8.3 For the supply of goods, technical support will be available by telephone during normal working hours of 09:00-17:00.
9 Beneficial Use (For Installation Projects only)
Beneficial use of any part of our works by the client or contractor prior to practical completion other than for its own commissioning and demonstration will be at our sole discretion and we shall be exempt from any liability for damages for delay, including but not limited to liquidated and ascertained damages, from the date of commencement of any such beneficial use.
10.1 We undertake to rectify all recorded and emergent defects to the system, goods or any part thereof for a period of 12 months from the date of practical completion, date of despatch or commencement of beneficial use whichever is the earlier. (See Special Conditions)
10.2 This undertaking is subject to the system and the associated plant being maintained in accordance with our and any other manufacturers' recommendations.
11 Record Drawings and Operation & Maintenance Manuals. (For Installation Projects only)
We undertake to provide 3 copies of the ‘As Installed’ Drawings and Operation & Maintenance Manuals within 2 weeks of the completion of commissioning of our works.
12 Computer Software Licensing
12.1 Our tender is conditional upon the identified end-user of the system comprising our works signing a Computer Program Software License Agreement prior to handover.
12.2 The terms and conditions of such Agreement are as stated in the attached document/available upon request.
The terms and values of our insurances are available upon request and would be issued upon receipt of any order from yourselves.
14.1 Neither we nor the Customer shall be liable to the other by way of indemnity or by reason of tort (including but not limited to negligence) for any loss of profit, loss of use, loss of production, loss of contracts or for any financial or economic loss or for any indirect or consequential damage whatsoever that may be suffered by the other.
14.2 In no circumstances whatsoever shall our liability to the Customer under the Conditions for any one act or default exceed the Contract Price.
15.1 Tender are based upon a fixed price for contract completion up to end of Date to be inserted and any works carried out beyond this date shall be subject to adjustment using acceptable adjustment formulae and indices.
15.2 All prices quoted are strictly net and exclusive of discount of any kind..
All prices exclude V.A.T and acceptance of our Tender or Quotation shall be deemed an agreement to pay to us all V.A.T currently at 20% properly chargeable and due.
17 Changes (For Installation Projects only)
17.1 Changes to the original contract or supply and scope of works will be progressed only after our receipt of Customers written instructions which may include hand-written instructions signed by the Customer.
17.2 Changes to the original contract will be valued wherever practicable in accordance with the Schedule of Rates or Bill of Quantities submitted to substantiate the value of the original contract.
Where this is not practicable rates and/or quantities calculated in a manner taking account of the different circumstances under which the work is to be progressed will be applied.
17.3 Where the scope of work cannot be progressed in the same manner as the original scope of work, time and material records and day-work rates will be applied with the following percentage additions to the RICS/HVCA definition of prime costs of labour, materials and plant:
Labour 130%, Material 20%, Plant 10%.
17.4 The parties shall agree a method of valuation and payment for the completion of the works which will include recovery of any loss and/or expense.
18.1 The payment provisions shall be in accordance with the Housing Grants, Construction and Regeneration Act 1996 with the following appropriate payment terms:
18.1.1 The Relevant Period shall be 1 calendar month.
18.1.2 The Payment Due Date shall be 7 days after the end of the Relevant Period or the date of issue of a claim by us whichever is the later.
18.1.3 The Customer shall within 5 days of the Payment Due Date issue to us a Notice Of Amount Of Payment specifying to what the payment relates and the basis upon which the amount is calculated.
18.1.4 The Final Date For Payment shall be 17 days after the Payment Due Date
18.1.5 Other terms as mutually agreed based on the specific project
18.2 Should the Customer fail to make full payment to us in accordance with clause 17.1, and such failure continue for 7 days after we have given the Customer written notice of the same, then we may suspend the further execution of the works or supply of goods until such payment has been made and such suspension shall not be deemed a failure on our part to proceed with the works or supply of goods.
18.3 We shall retain title to all goods supplied until the value of the said goods has been paid in full.
18.4 We reserve the right to seek payment guarantees in the form of pro-forma invoice, parent company guarantee, availed bill of exchange or such other assurance as we may deem appropriate.
Any right of Set-Off claimed shall be restricted to this particular contract only and no deduction shall be made prior to our agreement in writing.
Our price will be held open for acceptance for a period of 30 days from the date of our offer/proposal/quotation/tender.
Any disputes shall be dealt with in accordance with the Housing Grants, Construction & Regeneration Act 1996, Part II, Section 108.
Any contract arising from this Tender shall be subject to the Laws of England.