IGI standard terms and conditions
1. GENERAL
1.2 Our estimate is subject to the following terms and conditions and no alternatives, exclusions, additions or qualifications to the Estimate will be accepted unless agreed in writing by the Sub-Contractor.
1.3 Terms and conditions which may have been forwarded with the tender enquiry do not form the basis of the Estimate.
1.4 The estimate can be withdrawn at any time prior to written acknowledgement of the Employers instructions.
1.5 Acceptance of any instruction by the Employer shall be subject to receipt of suitable credit checks and / or bank and supplier references. Deposit payments and / or reduced payment terms may be required at the discretion of the Sub-Contractor.
1.6 Should any terms and conditions set out within the terms and conditions conflict with specific points defined within the Estimate then the conditions of the Estimate shall take precedence.
2. PRICE
2.1 Our Estimate is open for a period of 42 days from the date on the front of the Estimate letter.
2.2 Our estimate excludes for deduction of retention monies.
2.3 Our estimate excludes for the provision of Bonds, Guarantees or Warranties. The Sub-Contractor reserves the right to administer a charge for provision of any of the aforementioned documents.
3. PAYMENT
3.1 Applications will be submitted upon completion of the works on site, or the end of the calendar month – whichever is sooner. The due date for payment will be 21 days thereafter with a final payment date 7 days after the due date.
3.2 Late payment will incur interest charges at 8% over the base lending rate of the Bank of England, calculated daily.
3.3 Main Contractors discount is not offered, however, prompt payment discount may be offered (this will be stipulated within the Estimate). Prompt payment discount will only be applicable for payment received by the final payment date as stipulated in clause 3.1 or clause 1.4.
3.4 Property in the materials / works shall not pass to the Employer until payment of the Sub-Contract sum is received in full - irrespective of whether the Sub-Contract works have been incorporated into the Main works.
3.5 The Employer shall not be entitled to set off any sum from the Sub-Contractors application unless a valid withholding notice has been issued in accordance with the Housing Grants, Construction and Regeneration Act 1996.
3.6 The Sub-Contractor does not accept cross contract set off under any circumstances.
3.7 Reduction to the scope of works defined within the Estimate will be re-measured in accordance with Bill of Quantities rates. The Sub-Contractor can however revise the Bill of Quantities rates if significant reductions (10% of the Estimate column numbers) occur.
3.8 Liquidated damages cannot be claimed by the Employer unless the amount was advised and agreed in writing by the Sub-Contractor prior to commencement of the Sub-Contract works on site and will be subject to provision of evidence that this sum has been withheld from payments to the Employer.
4. PROGRAMME
4.1 The Estimate is based upon working a 10 hour day 8am – 6pm -0 Monday to Friday, working in a logical, uninterrupted sequence. Supervision for these or any additional hours will be provided by the Employer at no cost.
4.2 Late deferment (within 2 weeks of an agreed week commencement date) or cancellation of the project will entitle the Sub-Contractor to reimbursement of £ 2,000.00 per day (in respect of plant and labour) for the duration of contractual programme period as defined within the Estimate. The Employer will also be liable for additional costs incurred including, including but not limited to mobilisation; material costs; consequential losses.
4.3 Extensions of time will be granted by the Employer for any delay or suspension brought about by any event beyond the control of the Sub-Contractor.
4.4 Should standing time in excess of 10 hours (cumulatively) be encountered by the Sub-Contractor, then the Sub-Contractor, at their discretion, may remove the specialist equipment and labour from the site – return will be arranged subject to availability.
5. REMEASUREMENT
5.1 Estimate column numbers are subject to revision upon final design.
5.2 The estimate is subject to re-measurement at the rates defined within the Bill of Quantities. Where appropriate rates are not available, fair and reasonable rates will be submitted by the Sub-Contractor.
6. ATTENDANCES
6.1 The Employer shall provide and maintain at all times for the duration of the Sub-Contract works, and in a manner so as not to disrupt or impede the regular progress of the works, the Sub-Contractors schedule of attendances as appended to the Estimate.
6.2 In the event of failure to comply with its obligations, the Employer shall indemnify the Sub-Contractor of all costs, losses and/ or expense which may be incurred by reason of the same and agree a reasonable extension of time.
6.3 The Employer shall be responsible for protection for protection of the Sub-Contract works upon completion (including sectional completion) or the Sub-Contractor leaving site, whichever is sooner.
6.4 The Employer will be liability for additional costs arising from the Employers failure to check the Sub-Contract works / column positions prior to removal of the specialist plant from the site.
7. VARIATIONS
7.1 The Sub-Contractor has no obligation to comply with instructions to vary the scope of Sub-Contract works unless they are instructed in writing.
7.2 Variations will be valued in accordance with Bill of Quantities rates, where appropriate rates are not available, fair and reasonable rates will be submitted by the Sub-Contractor.
7.3 Signature of daily record sheets by the Employer constitutes acceptance that the information set out on the sheet is a true and accurate record of events. It is deemed that all signatories are competent and duly authorised representatives of the Employer.
7.4 The Sub-Contractor reserves the right to amend or vary the design if in their opinion such amendment is necessary. Additional costs and programme implications will be advised prior to commencement of the revised Sub-Contract works.
7.5 The Employer shall be liable for any costs associated with opening up the works.
8. INSURANCE
8.1 Insurance policy details will be forwarded by the Sub-Contractor prior to commencement of the works on site. Insurances will be maintained by the Sub-Contractor (for 6 years if under hand, 12 years if executed as a Deed) providing always that such insurance is available to the Sub-Contractor at commercially reasonable rates and terms.
8.2 The Employer is responsible for the provision of 21.2.1 non negligence insurance. The Employer shall indemnify the Sub-Contractor against any claims or demands in respect of breach by the Employer or his agents or any noise, vibration, shift or movement in the course of the works either on site or in any adjacent structures.
8.3 The Employer shall adequately insure the Sub-Contractors plant and material for loss or damage incurred whilst on site.
9. WARRANTY
9.1 In so far as the Sub-Contractor is responsible for the design of the works and or selection of goods and materials and / or the satisfaction of any performance specification, we hereby warranty that we have exercised or will exercise all reasonable skill and care in the discharge of any such responsibility.
9.2 In the event of any breach by the Sub-Contractor, the Sub-Contractor shall be liable to the Employer for the reasonable cost of repair, renewal and / or reinstatement of the works- to the extent that the Employer incurs such costs and / or is liable for costs. The Sub-Contractor shall not be liable for any other losses of any nature whatsoever incurred by the Employer or third party. In any event the total liability for any claim (excluding loss of life) shall be limited to and not exceed the Sub-Contract value.
9.3 Liability for defects will not be accepted where notified to the Sub-Contractor immediately upon discovery with adequate opportunity to inspect.
10. GROUND CONDITIONS
10.1 The design is based upon Site Information provided by the Employer being accurate and representative of the site. The Employer acknowledges that any conditions which may affect the Sub-Contract works have been fully disclosed.
10.2 Our Estimate does not include for removal of overhead, sub-surface, man made or naturally occurring obstructions, dealing with heave or lateral movement of sub-soil, movement caused by landslip or landfill instability, mineshafts quarries caverns, ground or artesian water, chemicals or any other unfavourable ground conditions.
10.3 The Employer shall be responsible for remedying at his own cost any obstruction.
10.4 Pollution, other than that caused by negligent spillage by the Sub-Contractor will be wholly the responsibility of the Employer
10.5 The Employer will be responsible for costs (plus 20%) and consequential loss; loss of profit; standing time, arising from damage to the Sub-Contractors equipment resulting from unforeseen ground conditions. A corresponding extension of time must also be issued in this event.
10.6 The Estimate is based upon the working platform level, finished floor level / formation thickness either stated in the tender documents as identified in the Estiamte or reasonably assumed. Changes to these may affect the scheme and will constitute a variation to the sub-Contract.
11. APPROVALS
11.1 Local Authority, statutory or other Approvals are to be obtained by the Employer. The Employer is responsible for delays / costs arising from any additional requirements of legislation imposed by the Government, Local Authority, District Surveyor or other statutory bodies resulting in additional works.
11.2 Our Estimate excludes for payment of professional or Local Authority Fees or gaining building regulation approval.
11.3 The Employer warrants that all requisite permissions and consents of the owners of properties in the proximity of the site have been obtained.
12. DETERMINATION
12.1 The Sub-Contract can be determined by the Sub-Contractor for the following Non receipt of full payment by the final payment date - in the absence of a valid withholding notice. Delay (arising out of any event beyond the Sub-Contractors control) to the Sub-Contract works of 2 days cumulatively, The Employer becomes bankrupt, insolvent or commences procedures to be would up.
13. SERVICES
13.1 The Sub-Contractor shall not be responsible for any loss or damage to or diversion or interruption of services of any kind and the Employer shall indemnify the Sub-Contractor against liability thereof unless the correct positions of the same have been provided to the Sub-Contractor in writing and are clearly marked on the ground.
14. NOTICES
14.1 Any notice given under this contract shall be delivered by hand or registered or recorded delivery to the addresses stated on the Estimate. Postal notices shall be deemed to be received within 48 hours of postage, subject to evidence to the contrary.
15. DISPUTE
15.1 If any dispute or difference arises under this Sub-Contract, either party may refer such dispute or difference to Adjudication in accordance with the Adjudication rules under Part II of the Housing Grants, Construction and Regeneration Act 1996.
16. LAW
16.1 The law of this Sub-Contract shall be English law and the English courts shall have exclusive jurisdiction with regard to all matters arising here from.