The following Terms & Conditions shall apply to all orders placed with us, and any stipulations or conditions in a Customer’s order which conflict with, qualify or seek to negate any of
these Terms & Conditions shall be inapplicable to any order placed with us and have no force or effect unless otherwise specifically agreed by a director of the Contractor in writing when
acknowledging the order in question
- Definitions
a. “Contractor” means the company specified in the Quotation from Summit Environmental LTD
b. “Customer” means the customer for the Works stated in the Quotation.
c. “Works” means the scope of works described in the Quotation.
d. “Quotation” means the quotation issued by the Contractor.
e. “Conditions” means these ARG Group standard terms & conditions of contract.
f. “Contract” means together the Quotation and the Conditions. - The Works
a. The Contractor will carry out and complete the Works in accordance with the Quotation in a good and workmanlike manner.
b. The Customer will provide a clean water supply, electricity, lighting, parking for hygiene unit, and any loading and unloading/hoisting of goods/materials delivered to site to be
used in the Works; together with suitable on-site storage areas for any materials delivered. The Customer shall provide to the Contractor unrestricted access to the site during
normal working hours and wherever practicable, overnight and at weekends in line with the Scope of works.
c. The Customer will be responsible for obtaining (if applicable) at its own cost and in a timely fashion so as not to delay or interrupt the regular progress of the Works any
consent, permission or approval required to carry out and complete the Works.
d. Unless expressly stated in the Quotation, the Contractor will not carry out any design for the Works. Insofar as it is stated in the Quotation that the Contractor will carry out
any design for the Works then the Contractor will carry out such design using the reasonable skill and care to be expected of an asbestos contractor undertaking designs for
works of a similar scope and nature to the Works. No warranty or other liability on the part of the Contractor shall be created or implied in regard to the suitability or fitness
for purpose of components or systems recommended or any calculations undertaken.
e. Unless specifically stated otherwise in the Quotation, no allowance has been made for any reinstatement or renewal following damage during the survey or for the cost of air
monitoring.
f. If works are cancelled by the customer the following charges will apply:
1. Cancelled within 1 days of the start of works 50% of the agreed quotation will be charged
2. Cancelled on the start day of works 100% of the agreed quotation will be charged - Materials
a. Technical information quoted is based on information generally distributed by manufacturers and the Contractor cannot warrant the accuracy of such information.
b. All materials delivered to site will remain the Contractor’s property with title fully vested in the Contractor until the Customer has paid for the Works in full; and if the
Customer defaults in respect of any obligations to make payments under the Contract the Contractor may enter the site and repossess and remove the materials until such
time as all sums due have been paid in full, even if the materials have been installed, connected or incorporated in the Works, in which case the Contractor may dis-install,
disconnect and remove the same.
c. Where existing materials are to be removed and set aside for re-use, the Contractor will take reasonable care but will not be liable for any breakages. Breakages will be replaced
by the best alternative materials reasonably available and charged as an addition to the contract price unless detailed within the Quotation. - Variations and Extras
a. The prices quoted are based upon dimensions, quantities, drawings and specifications given to the Customer as part of the Contractor’s tender for the Works. The
Contractor reserves the right to require re-calculation and apply supplemental charges if any of these dimensions, quantities, drawings and specifications change and to
increase the contract price to reflect increases in the cost of materials or labour between the date of the Quotation and the date of completion of the Works.
b. If additional work is requested by the Customer a further quotation will be submitted and the additional work will not be started until the Customer has placed an order and
the Contractor has accepted it. The Contractor shall not be liable if late acceptance by the Customer of such quotation delays the agreed completion date for the Works. All
additional work shall be carried out by the Contractor in accordance with these Conditions.
c. If the progress of the Works is delayed by Customer variations, instructions, adverse weather conditions or any other matter outside of the Contractor’s control the
Contractor shall be entitled to submit and the Customer shall re-imburse the Contractor any reasonable and justifiable additional costs incurred by the Contractor as a result
of such impediments to the regular progress of the Works - Payment
a. The Contractor may invoice for interim payments each month, as the Works proceed. The sum claimed in each interim invoice becomes due upon the date of issue of the
invoice (Due Date for Payment). The full price stated in the Quotation (less any interim payments already paid to the Contractor and any agreed retention) + VAT will be
invoiced on completion of the Works (Due Date for Payment).
b. The final date for payment by the Customer of any invoice submitted by the Contractor shall be 30 days after its Due Date for Payment (Final date for Payment).
c. No later than five days after the Due Date for Payment of any invoice, the Customer shall notify the Contractor of the amount it proposes to pay (Notified Sum) and the basis
on which that amount was calculated (Payment Notice). If the Customer fails to issue a Payment Notice in relation to any invoice the Customer shall pay the Contractor the
full amount stated in such invoice.
d. The Customer may only pay the Contractor less than the Notified Sum (or if no Payment Notice has been issued the sum claimed in the relevant invoice) if he has first served
a notice to the Contractor, not less than five days before the Final Date for Payment, specifying the sum that it considers to be due on the date the notice is served; and the
basis on which that sum is calculated (Pay Less Notice).
e. No set-off or abatement will be permitted against any sum due under one or more other contracts.
f. The Customer will not be entitled to deduct any retention from any monthly payment, unless provided for in the Quotation. Any retention must be released in full together
with VAT as appropriate no later than 6 months after the Contractor has completed the Works (Due Date for Payment).
g. If any payment is not made by the Customer by the expiry of its Final Date for Payment the Contractor will be entitled to statutory compensation and to charge interest,
pursuant to the Late Payment of Commercial Debts Act. The applicable rate is 8% per annum above Bank of England base rate from time to time. In addition the Contractor
will after the expiry of seven days from the giving of written notice to this effect to the Customer, be entitled to cease or suspend the Works and any works under any other
contract with the Customer until such outstanding sum is paid.
h. The Contractor reserves the right to refuse to execute any order or contract if the arrangements for payment of the Customer’s credit are not satisfactory. In the case of
non-payment of any invoice by its Final date for Payment 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 the purchase price of all goods delivered to date and/or any sums already due from the Customer shall
become due and payable immediately from the Customer and in addition the Contractor has the right to cancel every contract made with the Customer or to cancel,
suspend or discontinue delivery of goods and materials for same. This provision acts without prejudice to the Contractor’s right to recover any loss sustained, caused by
the above circumstances. - Insurance
a. Both the Contractor and the Customer will arrange and keep in force insurance sufficient to cover their respective risks and liabilities in respect of all damage and injuries to
property and persons on site from the commencement of the Works. Without limiting the above, although the Contractor will take reasonable care to prevent damage by
rain, wind, etc., the Contractor will not be liable for any loss or damage caused by any such risk. - Time for Completion
a. The Contractor will use reasonable endeavours to ensure that the Works are completed within the time (if any) stated in the Quotation, otherwise within a reasonable time. - Defects
a. The Contractor will rectify at its own cost any defects or faults which appear and are notified by the Customer to the Contractor in writing within 12 months of completion
of the Works and are due to defective workmanship by the Contractor or defective materials supplied by the Contractor.
b. The Contractor reserve the right to claim net costs plus 10% profit & overheads if at any time works cannot proceed as agreed due to the Customer not making the
necessary arrangements for access / switch off of services etc. as detailed in the Quotation. - Consequential Damage
a. The Contractor will use reasonable care to specify and supply materials of adequate quality and to complete the Works in a good and workmanlike manner, but will not be
liable for any consequential loss or damage suffered by the Customer however arising. In particular, due to the nature of the Works, it is impossible for the Contractor to
guarantee that the site or the Customer’s property will at all times during the Works be wind and water tight and or protected from the elements.
b. Where the Contractor is carrying out construction works, the Customer shall be responsible for the cost of rectifying any damage caused by other trades to the works
carried out by the Contractor. - Liability
a. Neither the Contractor nor the Customer shall be permitted to assign the benefit of the Contract.
b. Nothing in this Contract confers or purports to confer any right to enforce any of its terms on any person who is not a party to it where that right would not exist but for
the Contracts (Rights of Third Parties) Act 1999.A person who is not a party to the Contract shall not have any rights under or in connection with it. - Liability
a. The Contractor’s liability under or in connection with the Contract shall be limited to the contract price. This limit shall apply however that liability arises, including, without
limitation, a liability arising by breach of contract, arising by tort (including, without limitation, the tort of negligence) or arising by breach of statutory duty. Provided that
this clause 12a shall not exclude or limit the Contractor’s liability for death or personal injury caused by the Contractor’s negligence; or fraud or fraudulent
misrepresentation.
b. No legal action shall be commenced against the Contractor under or in connection with the Contract (and whether in contract or in tort) after the date which is 12 months
after completion of the Works.
c. Without prejudice to the above, final resolution of any dispute may be achieved through agreement between the parties or failing that, by legal proceedings in the English
courts. - Disputes
a. Notwithstanding that the Customer may be a residential occupier as defined by the Housing Grants Construction and Regeneration Act 1996 (the Act), the Contractor and
Customer agree that either party may refer a dispute to adjudication at any time, following the rules and procedures of the Scheme for Construction Contracts Part 1 (the
Scheme). The Decision of the Adjudicator shall be binding on the parties until the dispute is finally resolved. Copies of the Act and the Scheme may be purchased from
HMSO or may be viewed upon request at the Contractor’s offices during office hours. - Jurisdiction
a. This contract is governed by the law of England and Wales and the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in
connection with this agreement or its subject matter or formation.
