Standard definitions, etc.
- means the company, firm or partnership which has undertaken the Contract work.
- means the party which has contracted the Contractor
- means all goods of whatsoever description including but not limited to materials, plant equipment machines and fittings.
- 'Contract Work'
- means the work and/or services undertake by the contractor including the supply to the customer on hire or otherwise of goods owned by the contractor or others.
- 'Contract Price'
- means the price quoted by the contractor and/or agreed by the customer
- Period of the Contract work.
- means the period beginning the on the date when the contract work is commenced and terminating at the time when the contractor work ends or if later when all or any goods hired to the customer are removed from the exhibition premises or other site for return to the contractor or other owner.
2. Only these conditions applyThese are the sole conditions applicable to contracts between the contractor and the customer and they exclude all other conditions at any time in the past or future put forward by or on behalf of the customer and all representations outside these conditions , No variation of these conditions shall be effective unless the variation be agreed in writing and signed by one of the contractors directors or partners. These conditions shall apply notwithstanding that the contract work and/or contract price finally agreed differs from that originally quoted by the contractor. If at the request of the customer his employee or agent the contractor or any of his employees agents or sub-contractors performs any additional work in any way related to associated with or arising from the contract work these conditions shall apply to the additional work as if the formed part of the contract work whether or not the contract price be adjusted in consideration of the additional work.
3. Variation & payment of contract price
(a) In the event of
- there being any variation in the cost to the contractor of materials labour transport or vat/tax between the date the contract price was quoted and the time the contract work is performed. - or -
- additional costs being incurred by the contractor in consequence of any variation of the exhibition or dismantling period or other working condition made known to the contractor at or before the time the contract price was quoted. The contract price shall be adjusted corresponding to the percentage increase or decrease in costs
(b) The contractor shall be paid as follows
- on demand at the time the contract price shall have been agreed or at any time thereafter 50% of that price or such higher amount as may be required by the contractor
- on demand any gross charges incurred by the contractor in effecting insurances in accordance with conditions 4(c) 5(c) 6(b) 6(c) or 7(a)
- the balance of the contract price (including any extra sums payable under condition 3(a) if any) - on the opening of the exhibition, or if contract does not related to an exhibition - at the end of the period of the contract work of if the contract be abandoned - at the time of the abandonment.
(c) all terms are strictly nett and in the event of any part of the contract price or other sum payable under these conditions remaining outstanding for more seven days after the due date the contractor shall have the right to
- charge interest at 2.5% over minimum lending rate on outstanding sums such interest to run from day to day and to accrue after as well as before judgement.
- suspend at any time after (he said seven days the contract work and any insurance affected in accordance with conditions 4(c) 5(c) 6(b) 6(c) or 7(a)
- recover without notice at the customers risk all or any of the goods supplied under the contract wherever those goods may be.
- be indemnified by the customer in respect of every loss and/or liability suffered or incurred by the contractor his employees agents or sub contractors or any of them in consequence of any action taken in accordance with this condition 3(c)
4. Goods used or supplied and work or design done by the contractor
(a) All goods used or supplied by the contractors in connection with the contract work shall be unless otherwise stated in the quotation be on hire to the customer and the customer shall keep such of the goods as are the hire at all times in his possessions or under his control and shall not without the contractors written consent remove the same from the place where they are installed by the contractor.
(b) All expressed or implied warranties and conditions statutory or otherwise as to description quality or fitness of goods used or supplied on hire to the customer or of work or design done or of services performed by the contractor are by these conditions expressly excluded.
(c) unless prior to any loss or destruction of or damage (such damage not to include damage by fair wear and tear) to the goods used or supplied by the contractor in connection to the contract work the customer requires and secures from the contractor confirmation that such goods have never been insured at the customer expense the customer shall whether or not there be any negligence by the contractor his employees agents or subcontractors.
- hold harmless and indemnify the connector against all claims and losses resulting from such loss destruction and damage occurring elsewhere than the premises of the contractor or of any sub-contractor or in transit by road rail sea or air to or from such premises.
- remain liable for all payments due under the contract.
5. Goods supplied by through or on behalf of the customer
(a) The customer warrants that he is either the owner or agent of the goods supplied by through or on behalf of the customer for use by the contractor in or in connection with the contract work and that such goods are of sound construction and fit and proper for such use.
(b) All such goods and such other property as may be added to or incorporated in the contract work by or under the arrangements of the customer shall be and remain at the sole risk of the owner and the customer shall except as in (c) of this condition hold contractor harmless from and indemnify gainst claims in respect of loss and destruction of or damage to such goods or other property whether or not there be any negligence by the contractor, his employees agents or sub contractors.
(c) The customer shall be entitled to require the contractor to use the best endeavours to insure in the joint names of the contractor and the customer and at the latters expense the goods and other property referred to in (b) Of this condition and in so far as the contractor is able to do so do then affected from the commencement date of the insurance the customer shall be relieved of the obligation referred to in (b) of this condition to hold the contractor harmless and indemnified.
6. Other property belonging to the customer or which the customer is responsible
(a) if the contract work is to be performed in whole or in part in premises or on property belonging to or from which the customer is responsible the customer shall effect all necessary insurances of such premises or property and hold the contractor harmless from and indemnified against loss or destruction of or damage to such premises or property however caused and whether or not there be any negligence by the contractor his employees agents or sub contractors
(b) Notwithstanding (a) of this condition the customer may by notice in writing to the contractor require him to accept responsibility up to 1,000,000.00 for loss destruction or damage to the said premises or property resulting solely from negligence of the contractor his employees agents or sub contractors in this event the contract price shall be increased by the cost to be incurred by the contractor insuring his potential liability under condition 6(b)
(c) if the customer considers the aforementioned limit to be other than fair and reasonable he may require the contractor to quote the additional cost of securing insurance cover in excess of the limit but no higher limit shall become affected unless and until the customer has agreed to meet the said additional costs and the contractor has confirmed the additional cover is effective
7. Delayed or non completion of contract work.
(a) The contractor shall not be liable for delayed or non completion in whole or in part of the contract work nor for any consequences therefore unless the delay or non completion results from a cause withing the contractors sole control for purposes of this condition
(b) any such delay or non-completion whether or not the delay extends beyond the opening date of the exhibition or other relevant event shall not effect the contractors right to receive and remain and retain the full contract price less only such savings in costs as result from the non completion and such other amount as may be considered to be considered fair and reasonable having regard to all the organisations.
8. Insurances required by customer
The customer requires the contractor to insure in accordance with conditions 4(c) 5(c) 6(b) 6(c) or 7(a) hereof.
- The customer shall provide such information as the contractor shall reasonably require to enable him to affect the required insurances
- the contractor shall not be required to insure risks not normally insurable and shall unless the customer instructs to the contrary have absolute discretion as to the rate of premium payable for the insurances.>
- The insurance shall be effective only from such date as shall be advised by the contractor and the customer and be subject to the terms and exceptions of the relevant policy or policies.
9. Failure by customer
The customer shall indemnify the contractor his employees agents subcontractors in respect of every loss and/or liability suffered or incurred all or any of them in consequence of any failure by the customer to:
- comply with any condition imposed upon the customer by the exhibition organisers or promoters or by local or other authorities or to secure the written consent of such organisers promoters or organisers to any necessary modification or waiver of any such conditions.
- ensure that all necessary licences have been obtained relevant to all existing buildings in which all or any part of the contract works to be performed and to every path private road open space or other property to be used in the performance of the contract work and that it such buildings paths private roads open spaces are safe and suitable for the intended use.
10. Limit for making compliants
Unless any complaints are made to the contractor as soon as is reasonably possible and in any case not later than seven days after the date of the cause for compliant arising and is continued to the contractor in writing withing a further five days the contract work shall be deemed to have been satisfactory performed and the customer shall have no rights to against the contractor in respect of any defects the contract work.
11. Drawings etc to be contractors property
All drawings designs plans models specifications or estimates prepared or submitted by the contractor are and shall remain the contractors property and must not be copied or reproduced by or divulged in whole or part to any person
- All in accordance with terms and conditions including payment of 50% cash in advance on acceptance of order balance on opening day of exhibition (item 3)
- pc terms.
- A figure quoted under that heading is a provisional costing for work for which full details are not yet available A final figure will be costed on a time and materials basis when the work is complete.
Any Quotation does not constitute an offer capable of acceptance No contract shall be created unless and until we accept the customers order and any such contract shall be exclusively governed by standard terms and conditions as set out.
Failure to comply with our terms and conditions which requires us to incure legal fees relating to our terms and conditions would be claimable against the client if proven to be negligent in not meeting our terms and conditions of payment, this would include all court fee and charges to be determined at an interest rate calculated at 8% above the bank rate for the period relating to non payment of our fees.
Change of Conditions. We reserve the right to change these terms, (revised 19/5/2006) terms are supplied on the back of any written paper documentREDISTRIBUTION & COPYING of this document in any form please contact policies for approval.