Definitions

In these terms and conditions, the term “Contractor” means MODA Contracting Ltd. The term “Customer” means any person, firm, company or organisation and the staff or agents of any such company or organisation who has given an instruction to the Contractor to carry out the Contract. The term “Contract” means the agreement between the Contractor and the Customer under which the work will be carried out. The term “Site” means the premises where the work is to be carried out. The term “Final Account” means the amount payable to the Contractor by the Customer on completion of the works (plus VAT at the current rate). The term “Normal Working Hours” means 8am to 5pm, weekdays excluding bank and public holidays.

1. Conditions

a) Unless otherwise agreed by us in writing, the following Terms and Conditions shall apply to all orders placed with us. Any stipulations or conditions in a Customer’s order that would conflict with quality, or negotiate any of these Terms and Conditions shall be inapplicable to any order placed with us unless expressly agreed by us in writing.

b) The Contractor shall provide all labour, materials and equipment necessary for the proper execution of the work. However, when main electricity or water supply is required, it is expected that reasonable use of the site services will be allowed at no cost to the Contractor, including the provision of adequate shelter and protection, sanitary convenience or mess room facilities cannot be made available by the Customer, he shall notify the Contractor accordingly, and the Contractor may amend the price stated in the Contract to take account of the cost of providing such facilities himself.

c) Unless the Contractor is specifically notified in writing, it will be assumed that the appropriate survey(s) have been undertaken to ensure that the structural condition of the building is suitable for the roofing system being proposed and therefore any failures in the roof system, which are due to poor structural design or inherent faults to the building – which are not apparent to a visual inspection – are not the responsibility of the Contractor.

d) It shall be the responsibility of the Customer to ensure the removal of all vehicles, goods, stock or articles from the area in which the Contractor is carrying out the works and to take necessary precautions to protect the same and the Contractor shall not be held responsible for the failure of the Customer to do so.

2. Samples

Samples submitted for approval must be accepted as showing subsistence and general character only, and therefore, whilst the bulk of the order will correspond to the sample in terms of quality and suitability for the defined work, equality as to colour, size, thickness or shape cannot be guaranteed.

3. Statutory Requirements

It is the responsibility of the Customer to obtain any permission and or the said works under any regulation or by law or any local or statutory authority or Public Utility.

4. Technical Information

Any technical information quoted for materials supplied is based on the information general available and is distributed by manufactures of the products named, and whilst the Contractor cannot warrant the accuracy of the said information, the Contractor’s surveyor has made this specification as comprehensive and suitable as the information will allow. Unless we are requested, it should be noted that we have not removed any material or taken core samples and therefore cannot be held liable for the conditions of the sub-structure

5. Insurance

a) The Customer shall be responsible for the receipt, unloading and safekeeping of materials and equipment prior to the commencement of work and shall, when requested, provide suitable protective storage for valuable or perishable items, unless otherwise specified prior to commencement of works.

b) All unfixed materials and goods delivered to site on or adjacent to, and intended for, the works shall be the sole risk of the Customer as regard to loss or damage, fire, lightening, explosion, storm, tempest, flood, bursting or overflowing water tanks, apparatus or pipes, earthquakes, aircraft or other aerial devices or articles dropped there from, riot or civil commotion. The Customer shall maintain adequate insurance against such risks and shall send a copy of this specification together with the conditions here on to his insures as advice that said works are being carried out.

c) The Contractor shall not be held responsible for consequential damage however arising in connection with the execution with the work except where such damage is as a result of negligence on the part of the Contractor, his employees or agents.

d) The Contractor and the Customer shall effect and keep in force during the period of the Contract, policies of insurance of adequate amount against their respective liabilities under statutes for the time being in force in respect of injuries to persons or property arising out of and in the course of execution of the Contract and/or arising out of and in the course of the employment of any employee by either of them.

6. Delays

The Contractor shall not be held responsible for delays caused by any strike, lockout, fire or flood or by any inclement weather or by default of suppliers in late or incorrect delivery of materials which is beyond control without the fault or negligence of the Contractor and which by the exercise of the reasonable diligence, the Contractor is unable to prevent or provide against.

7. Working Hours and Compliance with Programme

All work will be carried out during Normal Working Hours an unrestricted access to site for continuity of work in proper sequence and in an economical manner from commencement to final completion. Where programmes of work are provided prior to the estimate and are agreed subsequently then the work detailed and scheduled therein shall be presented to the Contractor in the said sequence at the time agreed. Failure on the part of the Customer to provide the work in such sequence or time will incur additional charges from the Contractor for all and disturbance of his work and for extra cost in overtime working or for any acceleration measures requested by the customer.

8. Materials

a) Where the Customer specifies or supplies materials which in the opinion of the Contractor are not suitable for the purpose for which they are required, the Contractor shall accordingly notify the Customer in writing, setting out the reasons why such materials or goods are in his opinion unsuitable, if thereafter the Customer requires that the said materials or good shall be used in the carrying out of the work or does not otherwise rely on the skill or judgement of the Contractor, no responsibility for their suitability is accepted; nor shall the Contractor be liable for any loss or damage caused during or by virtue of their incorporation of fixing the work, save where such loss or damage is caused by the negligence of the Contractors servants or agents.

b) All material brought on to the Site to be used by the Contractor are to remain the property of the Contractor until they are incorporated into the works or until full payment is made for such materials is received.

9. Reuse of Materials

Where existing materials, are for any reason, temporarily removed and set aside for reuse, every reasonable care will be taken during the course of the work, but, where through no unreasonable act or negligence on the part of the Contractor any breakages occur, the Contractor reserves the right to make any additional change as communicated, in addition to the Final Account.

10. Salvage

All rubbish or salvage removed from site will become the property of MODA Contracting Ltd unless otherwise agreed.

11. Variations and Extras

a) The value of any variations to the work included in the Contract ordered and authorised by the Customer, whether by addition, omission or substitution of any work should wherever practicable be agreed before the variation is carried out. The value of all variations shall be added to or deducted from the price current at the date of the Contract. Any fluctuations provable, of price, materials, labour or insurance at the time of delivering or during the period of Contract, are chargeable. Where such increased costs are incurred, then the Contractor reserves the right to change such increases to the Customer’s account.

b) Where increased costs are incurred during the period of Contract through unforeseen market fluctuations, then the Contractor reserves the right to charge such increases to the Customer’s account.

12. Terms of Payment

a) Where the Contract last for more than one month interim applications for payment shall be made based on the value of the work properly executed, including the value of any materials or goods delivered to the Site of the Contract for incorporation in the project. Immediate payment is due in full on completion of the works.

b) Any guarantee applicable under this Contract will take effect from the date of completion; however, any such guarantee certificates and documentation will only be issued where the Customer has paid all amounts properly due to the Contractor.

c) We reserve the right to refuse to execute any order or Contract if the arrangements for payment or the Customer’s credit worthiness are not satisfactory to us.

13. Cancellation

Cancellation of all or part orders already accepted by the Contractor will be accepted only at the Contractor’s discretion, and the Contractor may charge for all work carried out or expenses incurred in relation to the order before acceptance of the cancellation.