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MEZZTECHNIC TERMS AND CONDITIONS OF CONTRACT

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MEZZTECHNIC

TERMS AND CONDITIONS OF CONTRACT

In these conditions 'the Company' means Mezztechnic Limited and 'the Buyer' means the company purchasing the goods by way of an instruction (verbal or written) given to Mezztechnic Limited - whether directly or on behalf of another party.

1.0 ALL CONTRACTS OF SALE incorporate these Conditions so far as such Conditions are not varied by any other terms of Conditions agreed in writing between the Company and the Buyer. Any terms and conditions in any Buyers order which are inconsistent with these conditions shall have no effect. Once these Conditions have been incorporated in a contract with any Buyer all future contracts between the Company and that Buyer shall be deemed to incorporate these Conditions.

2.0 PRICES & VALIDITY – All prices quoted are subject to market fluctuations, new government levies and or taxes together with National and international price increases, and the Company reserves the right to vary the quoted price of the goods sold at anytime before despatch without prior notice to the buyer. Prices are valid for the period of time detailed in the quotation document and the Company reserves the right to vary the quoted price if the order is not placed within this time frame.

3.0 LEAD TIMES & BUILD DURATION – The lead time and if applicable the build duration are detailed within the quote or otherwise any covering email forwarded with the quotation by the Company. Both lead times and build duration are estimates, therefore the Company has the right to extend or reduce both time periods and will consult the Buyer prior to any amendments. The Company cannot be held liable and does not accept responsibility for any costs incurred or delay charges in the event of a late delivery or if applicable, a delayed completion date of the works unless the Company has entered into a separate agreement with the Buyer, and the Buyer has Contract Agreement signed and dated by the Managing Director of the Company.

4.0 AMENDMENTS – Any changes after the approval of the drawing and/or design of the works will be assessed by the Company. The Company reserves the right to vary the quoted price for any amendments and also extend lead times and build durations if necessary. Additional costs will either be invoiced with the main invoice or on an additional invoice under the same purchase order number provided the the Buyer.

5.0 SITE SURVEY – If included, the Company will carry out a Site Survey of the area where the works/product is to be installed. The Company reserves the right to vary the quoted price, amend the lead times and or build duration and apply additional charges as detailed in clauses 2.0, 3.0 and 4.0 of this Terms and Conditions of Contract.

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6.0 BUILDING APPROVAL & PERMITS – Unless noted otherwise in this document, the Buyer is responsible for obtaining the necessary building approval for the installation of the works. The Company cannot be held responsible for any further costs and/or additional works required in the event of amendments ordered by the building inspector or Local Authority. The above clause is also applicable if the Company has been instructed by the Buyer to apply for the building regulations approval on the Buyers behalf.

7.0 PAYMENT TERMS – The Buyer shall pay for the works as per the payment terms detailed in the Company’s quotation document. In the event of full or partial non-payment the Company shall be entitled to suspend any works, whether it be the design, fabrication, delivery or installation and charge for any costs incurred due to the delay. The Company is also entitled to apply interest of 3% above the National Westminster Bank PLC base rate. With reference to clause 6.0 Building Approval and Permits, the payment terms for this element of the works is made payable on the invoice date and supersedes this clause of payment terms.

8.0 SET OFF – The Buyer shall not be entitled to withhold payment or set-off any amount payable under this Contract with the Company by reason of any claim disputed with the Company.

9.0 STANDARDS – If the Buyer is unable to determine the standard and/or execution class of the product and/or works, the Company will determine the standards and apply same at their discretion. If the Buyer does not detail any requirement to conform with NSSS Version 6 or any NDT requirement, the Company will detail this on Page 1 of this document. If applicable to the works, the Company will design the product to conform to the BRE Digest 437 guidance, however the relevant British and European Standards will supersede the BRE Digest 437.

10.0 MATERIAL SPECIFICATIONS – If the Buyer has not detailed the material specification requirements, the Company will assume the following:

Universal beam, universal column and parallel flange channels: S355JR Hot Formed. Hollow sections: S235JR Cold Formed.

Rolled angles, flats and plates: S275JR Hot Formed.

Cold rolled joists: Hot dipped galv to EN10346:2015, grade S390GD, coating Z275.

11.0 SURFACE PREPARATION & CORROSIVE CATEGORY – Unless noted otherwise in this document, the Company will assume a surface preparation grade of SA 2.5 and assumed a corrosive category of C2 (use in unheated buildings where condensation can occur) to standard BSEN 12944. Any powder-coated will be completed to conform to BSEN 12944-5 and any hot dipped galvanising will conform to BSEN ISO 1461:2009, with the exception of cold rolled galvanised joists (see clause 10.0).

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12.0 PRODUCT STANDARD EXCEPTIONS: Products that do not fall within the scope of BSEN1090 are: handrail balustrades, pallet gates and/or any other product noted with ª, as they are considered as a non-structural construction product and if removed, they do not affect the strength and stability of the main structure or part of the structure (see CEN/TR 17052 – Guidelines on implementing EN1090-1:2009+A1:2011)

13.0 SITE CONDITIONS – The Company has assumed that the Buyers or the Buyers client’s premises has a level concrete slab, clear from any damage or cracks, is at least 150mm thick, has at least a 150mm thick hardcore sub-base and has a soil bearing/ground bearing of 80kN/m² minimum capacity to absorb the loads from the products to be installed. The Company cannot take

responsibility for any damage, repair or any other works and will not be liable for any costs incurred in the event of the failure of the existing concrete slab or base. The Company has not included for any works required to strengthen the existing concrete slab or base.

14.0 DELIVERY TO SITE – Unless noted otherwise, the Company will deliver the product to site on a heavy goods vehicle at between the hours of 7.30am to 11am, subject to traffic conditions & other potential delays when traveling to site. The site must have a clear and level hard ground (tarmac or concrete) to access the premises and must have a wide opening (minimum 3.5m) to transfer the goods into the premises. The Buyer to Buyers client must offload the materials under their own method statement unless the Company is contracted to offload. The Buyer must provide a suitable covered storage area and if applicable, must not prevent or hinder the Company’s ability to install the product. The Company cannot be held responsible for any costs incurred due to late delivery or the Buyers failure to comply with any terms in this clause.

15.0 POWER AND WELFARE – The Company has assumed the Buyer, or the Buyers client will provide all power requirements (230V/16A), including any power for plant hire such as forklifts, scissor lifts and power tools. The Company has also assumed that if applicable, the Buyer or Buyers client will provide sufficient welfare facilities, sanitary facilities, heating and lighting to allow a safe installation of the product.

16.0 PLANT HIRE – Unless noted otherwise, it is the Buyers responsibility to provide the necessary plant equipment to offload and if applicable, install the product. The Company will provide a list of the requirements on request. If the Company is instructed to provide plant hire, the Buyer is responsible for any theft or damage not caused by the Company and the Company has the right to recoup any costs of damage or theft from the Buyer.

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17.0 INSTALLATION – If the Company has been contracted to install the product at the Buyer or Buyers client’s premises, the Buyer must ensure all the necessary permits are in place to allow the Company to proceed with installation. The Company will assume standard working hours of 7-8 hours per day not including weekends or night works, starting between the hours of 7.30am to 10.30am unless stated otherwise. If the Buyer or the Buyers client prevents the Company from installing the product within the allowed time frame, due to preventing access, failure to provide heating, lighting or welfare, failure to provide power, obstructing or failure to clear the site and or any other situation that prevents the team from installing the product, the Company has the right to delay the installation until an agreement is in place to continue the works, and the Company has the right to charge the Buyer for the costs incurred due to the delays caused by the Buyer or the Buyers client.

18.0 PRODUCT DAMAGES – If the Company has been contracted to install the product, the Company will ensure that any damages to the product or products finish will be rectified prior to completion. Any damages reported by the Buyer after completion and/or sign off of the installation will be the responsibility of the client and any repair works will be charged to the Buyer.

19.0 WASTE REMOVAL – Unless noted otherwise, the Company has not included for any waste removal and it is the Buyers responsibility to provide a waste container for any timber, steel, plastic or any other waste material generated if the Company is contracted to install the product. If the Buyer does not provide a waste container, the Company will stack the waste neatly ready for removal by the Buyer.

20.0 CDM REGULATIONS – If the works fall under the scope of the CDM Regulations, the Buyer must instruct a Principal Contractor to manage the project. The Company will work to the Principal Contractors requirements to comply with the regulations and any additional costs incurred in order to comply will be chargeable to the Buyer.

21.0 FORCE MAJEURE – The Company shall not be liable for any breach of the contract that arises either wholly or partly from Force Majeure, such term to include but not be limited to Act of God, Legislation, War, Fire, Breakdown of Machinery, Failure of Power Supply, Lock-Out, Strike, any other industrial dispute, or any other event or circumstance beyond the control of the Company which was not foreseeable or was unavoidable.

22.0 RISK & PROPERTY – Whilst the property in the goods shall not pass to the Buyer until full payment of the contract price (under clause 2.0), the goods shall be at the sole risk of the Buyer from the date of delivery.

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23.0 WARRANTY – The Company warrants that the goods at the time of delivery, and if applicable at the time of installation are in accordance with the standards detailed on the quotation and/or in this document, subject to the usual tolerances as to size, finish and weight. The Company can provide a warranty document if agreed with the Buyer.

24.0 BREACH OF WARRANTY – The Company shall only be liable for any breach of warranty if such breach is notified to the Company in writing within the time frame detailed on the warranty. The Company must visit the Buyers or Buyers client’s premises to inspect and investigate the breach of warranty. In the event of a breach of warranty, the Company must shall, at the Company’s option, either replace such goods, or credit the Buyer with the price of such goods if the Buyer has paid for the goods.

25.0 ACCIDENTAL DAMAGES OR VANDALISM – In the event that the Company or anyone employed by the Company causes accidental damage or vandalises the Buyer or Buyers client’s property and/or premises, the Buyer must allow the Company to source a quotation or on agreement, provide a credit for the repair works. The Buyer shall not be entitled to withhold payment or set-off any amount payable under this or any other contract with the Company by reason of any claim disputed by the Company. The Buyer must allow the Company to assess the damage caused and submit a claim to the Company’s insurers if applicable.

26.0 LIEN – Without Prejudice to any of the Company’s other rights under the agreement between the parties notwithstanding delivery and if applicable, installation of any goods or products, the goods or products shall remain in the Company until the Buyer has paid in full to the payment terms set out in clause 7.0. If such payment is overdue in full or in part, the Company may, without prejudice to any of the Company’s other rights, recover or re-sell the goods or products and may enter the Buyers premises for that purpose.

27.0 TERMINATION – The Company shall be entitled to either terminated wholly or in part the agreement of any or every other contract with the Buyer or to suspend any further contracts under the agreement in any of the following events; if any debt due to the Company is unpaid, if the Buyer becomes insolvent or being a body corporate has a receiver appointed or passes a resolution of a winding up or a court order to that effect or being an individual partnership makes any composition or arrangement with their creditors or has a receiving order made against them, and/or in addition to the right of lien which the Company shall in any events described above have a general lien over all goods of the Buyer then in the possession of the Company for unpaid price of any goods sold, delivered and installed (if applicable) by the Company to the Buyer under the agreement or any other contract.

28.0 WAIVER – The Company’s rights and remedies shall not be prejudiced by any indulgence or forbearance to the Buyer and no waiver by the Company of any breach by the Buyer shall operate as a waiver of any subsequent breach.

References

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