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Terms and Conditions 1.
Definitions In this Contract the following expressions shall have the following meanings: 1.1. “Services” means the work to be carried out by the Service Provider at the request of the Client in accordance with the proposal annexed to this contract. 1.2. “Premises” means the place where the Services are to be carried out by the Service Provider. 2. The
Service Provider’s obligations The Service Provider shall be responsible for: 2.1. providing the Services at the Premises in accordance with the dates set out in the proposal annexed to this contract 2.2. providing all equipment, labour and materials necessary for the provision of the Services as set out in the proposal annexed to this contract 2.3. the payment of all sub-contractors with whom the Service Provider shall enter into contracts pursuant to clause 2.2 2.4. the provision of carriage of all equipment brought onto the Premises and the removal of equipment from the Premises when no longer required 2.5. the removal of all equipment and unused materials from the Premises on completion of the Services and clearing away all rubbish arising out of the Services 2.6. ensuring that the Premises are left in a tidy condition on completion of the Services. 3. The
Client’s obligations The Client shall be responsible for: 3.1. providing access to the Premises as reasonably required by the Service Provider for the purposes of providing the Services 3.2. making payment to the Service Provider in accordance with the amounts and dates as set out in the proposal annexed to this contract 3.3. providing all relevant information about the Premises to the Service Provider as necessary for the completion of the Services 3.4. paying for any damage and/or breakage to the property of the Service Provider caused by a third party non-related to the Service Provider or its sub-contractors which is used or hired by the Service Provider for the provision of the Services 3.5. In agreeing to the provision of the Services by the Service Provider the Client is deemed to have read and understood these terms and conditions and agreed to be bound by the whole of the agreement. 4. Standard
of Work 4.1. All Services shall be carried out by the Service Provider’s personnel with skill, due diligence and care and in compliance with current professional standards. 4.2. The Service Provider warrants and represents that all personnel assigned to the performance of the Services shall possess and exercise such skill and experience as necessary for the proper performance of the Services. 5. Manner of
carrying out the Services 5.1. At the time of entering the contract the Service Provider will submit to the Client for approval a detailed proposal showing the length of time required for each separate stage of the Services to ensure that the implementation date is achieved. 5.2. On receipt of the proposal and by agreeing to the terms and conditions the Client thereby approves the proposal and it shall form the programme of work for the Service Provider. 6. Charge for
the Services 6.1. The charge for the Services as set out in the proposal annexed to this contract includes equipment, materials and labour except where expressly excluded in the proposal. 6.2. In calculating the charge the Service Provider shall take into account the time needed to provide the Services, the cost of materials equipment and labour and the specialist skills required for completion of the Services. 6.3. The Service Provider will inform the Client if any unforeseen additional work becomes necessary for example due to unexpected difficulties or if the requirements or circumstances of the Client change during the course of the provision of the Services and the Service Provider will inform the Client of the estimated additional costs in writing before extra charges to the Client are incurred. 6.4. If for any reason the Services do not proceed to completion, the Client will pay or cause to be paid to the Service Provider a proportion of the agreed price for the Services that directly corresponds to the proportion of the Services completed. 7. Any
interest due to overdue account In addition to the charges as set out in the proposal annexed to this contract, the Client shall pay to the Service Provider interest on any amount outstanding 14 days after its due date at a daily rate of 17% per annum until the date of payment. 8. Additional
Services Any additional services to be provided by the Service Provider shall be agreed in writing with the Client and any additional costs to the Client as a result of the provision of the additional services will be agreed in writing between the parties. 9. Completion
Date 9.1. The parties hereby accept that the original time for completion of the Services as set out in the proposal annexed to this contract may be affected by the provision of any additional services. 9.2. It is hereby agreed that the time for completion of the Services is not of the essence unless otherwise expressly agreed between the parties and confirmed in writing. 9.3. The Service Provider shall not be liable for any delay that is not attributable directly to the fault of the Service Provider. 10. Termination by notice The Client may cancel this contract at any time before the start date of the provision of the Services and will pay to the Service Provider all costs reasonably incurred by the Service Provider in preparation of the performance of the Services. 11. Warranty 11.1. The Service Provider warrants that all materials used in the provision of the Services will be suitable for the purpose for which they are intended. 11.2. If the Client requests the use of specific materials for the provision of the Services the Service Provider shall not be liable for any loss damage flaw or defect caused to the Services by the use of specific materials requested by the Client. 12. Entire understanding This contract and annexed proposal embodies the entire understanding of the parties in respect of the matters contained or referred to therein and there are no promises, terms, conditions, obligations oral or written express or implied other than those contained in this contract and those conferred by law. 13. Variation No variation or amendment to this contract shall be valid unless in writing and signed by or on behalf of the parties. 14. Third party rights A person who is not a party to this contract has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any terms of this contract. 15. Notices 15.1. Any notice given under this contract shall be in writing and may be served personally or by registered or recorded delivery. 15.2. Each party’s address for the service of any notice shall be the address appearing on this contract or such other addresses as specified by notice to the other party served in accordance with 15.1 above. 15.3. A notice shall be deemed to have been served if it was served in person at the time of the service or 48 hours after it was posted. 16. Force Majeure 16.1. In the event of the occurrence of events which are deemed to be beyond the parties’ control such as adverse weather conditions and which prevent the completion of the Services by the completion date as set out in the proposal annexed to this contract, the Service Provider will set a new completion date for the Services in writing to be signed by both parties and which will form part of the contract. 16.2. In the event of the occurrence of events which are deemed to be beyond the parties’ control such as fire flood earthquake or any other act of God civil war rebellion revolution and which prevents the completion of the Services at all the Service Provider will be released from its obligations under this contract.
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