Term and Conditions

1. GENERAL

Acceptance of the quotation, expressly or by conduct includes acceptance of the following Terms and Conditions

2. PERIOD OF QUOTATION

The quotation remains open for 30 days from the date of issue, unless previously withdrawn, thereafter.

3. BASIS OF QUOTATION

(i) All increases or decreases in labour and/or material cost arising after the date of quotation may be recovered from the Customer.

(ii) The quotation is based on the work being undertaken during normal working hours, 8.30 to 5.00 Monday to Friday.

(iii) Variations or additional work shall be charged on time and material basis unless the subject of a separate quotation accepted by the Customer.

(iv) The laying of cable and conduit runs is by shortest practicable routes.

(v) Work by other Trades, any Statutory fees, or charges for work done by Supply Authority or Local Authority is not included.

(vi) Whilst reasonable care will be taken, the quotation does not include for incidental redecoration or other works consequent upon the proper execution of the work.

(vii) Standard attendances provided by Gilbert & Stamper are:

4. TERMS OF PAYMENT

(i) Following acceptance of the quotation a deposit amounting to 10% may be required of the value of works shall become due for payment 7 days prior to the commencement of works. The remainder of the balance will be on an interim valuation bases.

(ii) Interim valuations are at 14-day intervals commencing from the date that works commence.

(iii) The due date is 5 days after the invoice date or 5 days after the end of the relevant period that works were undertaken whichever is earliest.

(iv) The customer must issue a Payment Certificate to Gilbert & Stamper 5 days after the due date, stipulating the total amounts to be paid cumulatively and for the period less amount previously paid.

(v) If the customer intends to pay less than the amount stated in the payment certificate, they must issue a pay less notice 1 day before the final date for payment.

(vi) The final date for payment in respect of interim of final payments is 9 days after the due date.

(vii) Overdue accounts will incur an interest charge at 5% above the Bank of England base rate, plus an administration fee of £25.00 per month, if we incur any costs of collection, such as legal fees and collection fees etc you agree to indemnify us for all such costs. Terms of trade must be agreed to prior to the commencement of all business and services transactions between gilbert 7 Stamper and the Customer.

5. COMPLETION

Gilbert & Stamper Ltd shall endeavor to carry out the work within the period stipulated or, if no period is stipulated, within a reasonable time, but shall not be held responsible for any loss or damage arising out of delay due to any cause beyond Gilbert & Stamper’s control.

CONSEQUENTIAL LOSS OR DAMAGE

Without prejudice to the Customer’s Statutory rights, Gilbert & Stamper Ltd will pass to the customer the benefit of any guarantees that Gilbert & Stamper Ltd has received in respect of materials supplied by Gilbert & Stamper Ltd and undertakes to repair or, if necessary, replace free of charge any materials or work found to be defective if the defect is due to faulty workmanship by Gilbert & Stamper Ltd, his servants or agents and is brought to his attention within 12 months of the completion of the work, provided nevertheless that:

(a) Gilbert & Stamper Ltd accepts no responsibility for any drawing, design or specification not prepared by him.

(b) Gilbert & Stamper’s responsibility to the Customer is limited to the fulfilment of the contract in a proper and workmanlike manner and Gilbert & Stamper Ltd shall not be liable for any consequential loss or damage arising out of the execution of the Contract unless due to the negligence of Gilbert & Stamper Ltd.

(c) Gilbert & Stamper Ltd shall not be liable for any wear and tear, loss or damage, direct or indirect, nor for any extra work entailed due to the apparatus being put into operation by the Customer or by Gilbert & Stamper Ltd, his servants, or agents at the Customer’s request before it is handed-over for beneficial use.

(d) The repair or replacement of any faulty work or materials shall only be carried out by Gilbert & Stamper Ltd, his servants, or agents; otherwise, Gilbert & Stamper’s warranties as to repair or replacement shall not apply.

(e) Gilbert & Stamper Ltd will take reasonable care but accepts no liability for damage to furniture or other fixtures and fittings, which have to be moved by Gilbert & Stamper Ltd or his workmen in order to carry out the Contract Works. Without prejudice to this Gilbert & Stamper Ltd will maintain adequate Public Liability Insurance cover for at least the duration of the Contract.

7. GUARANTEES

Without prejudice to the above terms the Customer may have the benefit of the Warranty and Bond Schemes of the Electrical Contractors’ Association (of which Gilbert & Stamper is a member) subject to the terms of each Scheme, copies of which may be obtained on request from the Association at Rotherwick House, 3 Thomas More Street, London E1W 1YZ.

8. EXTENSION OF TIME AND LOSSAND/OR EXPENSE

Gilbert & Stamper Ltd are entitled to recover Extensions of Time and Loss and Expense for any of the below matters:

(I) Variations and any other matters or instructions which under these Conditions are to be treated as, or as requiring, a Variation;

(II) For the opening up for inspection or testing of any work, materials or goods, unless the inspection or test shows that the work, materials or goods are not in accordance with this Sub-Contract.

(III) Deferment of the giving of possession of the site or any section.

(IV) Suspension by Gilbert & Stamper Ltd of the performance of any or all of his obligations under this contract due to late payment.

(V) Any impediment, prevention or default whether by act or omission, by the customer (or agents under the control of the customer) except to the extent caused or contributed to by any default, whether by act or omission, of Gilbert & Stamper Ltd or person employed under control of Gilbert & Stamper Ltd.

(VI) Exceptionally adverse weather conditions.

(VII) Force Majeure “Force Majeure” means any event beyond the control and contemplation of the parties to a works order including acts of God, war, industrial disputes, protests, fire, flood, storm, tempest, explosion, acts of terrorism, national emergencies and pandemics.

9. INSURANCES

Gilbert & Stamper Ltd maintain the following insurances, of which the quotation is based on:

Any requirements for additional levels of cover required by the customer shall be treated as a variation.

10. LIMIT OF LIABILITY

The Customer agrees that the maximum aggregate liability of Gilbert & Stamper Ltd in respect of all claims howsoever caused or arising, for breach of contract or breach of duty or fault or negligence or otherwise arising out of or in connection with this contract shall be limited in total to 10% of the fee, including legal and professional costs, disbursements, expenses and VAT irrespective of the number of such claims and of the number and identity of the persons making such claims.

11. ERRORS AND OMISSIONS

In the event that any documentation provided Gilbert & Stamper Ltd contain errors and/or omissions then the total liability of Gilbert & Stamper Ltd shall be limited to a maximum of 10% of the fees paid by the Customer for the Commission. Gilbert & Stamper Ltd take no responsibility for the accuracy or adequacy of any documents provided by the Customer.

12. NOTICES

Any demand notice or communication will be sufficiently served in writing, if sent by a pre-paid first class special delivery post to the registered office of Gilbert & Stamper Ltd or the registered office or principal place of business of the Customer during normal office hours, and if so sent will be deemed to have been received by the addressee on the second business day after the date of posting, or on successful transmission as the case may be.

13. RIGHT TO SUSPEND PERFORMANCE FOR NON-PAYMENT

Where any payment due is not paid in full by the final date for payment and/or the unpaid services limit is exceeded and/or a payment on account has not been paid, Gilbert & Stamper Ltd has the right (without prejudice to any other right or remedy) to suspend performance of any or all of its obligations under the contract by giving the Customer at least seven days’ notice in writing of intention to suspend performance, stating the ground or grounds upon which it is intended to suspend performance.

(i) The right to suspend performance ceases in a reasonable time after the Customer makes payment in full.

(ii) Any period during which performance is suspended shall be disregarded for the purposes of computing any contractual time limit for the time taken, by Gilbert & Stamper Ltd to complete any services directly and/or indirectly affected by the exercise of the right. Where any contractual time limit is set by reference to a date rather than a period, the date shall be adjusted accordingly.

(iii) The Customer shall pay any sums incurred and for any additional time spent by Gilbert & Stamper Ltd as a result of such suspension.

14. RIGHT TO SUPEND PERFORMANCE FOR INSOLVENCY/LIQUIDATION OF THE CUSTOMER

If the Customer becomes insolvent Gilbert & Stamper Ltd has the right (without prejudice to any other right or remedy) to suspend performance of any or all of its obligations under the contract forthwith.

15. RIGHT TO SUSPEND PREFORMANCE FOR FRUSTRATION OF THE CONTRACT BY THE CUSTOMER IN PERFORMANCE OF OBLIGATIONS AND/OR SERVICES

If the Customer hinders or prevents performance, Gilbert & Stamper has the right (without prejudice to any other right or remedy) to suspend performance of any or all of its obligations under the contract by giving seven days’ notice in writing.

(i) The right to suspend performance ceases when the Customer has removed the hindrance or prevention.

(ii) Any period during which performance is suspended shall be disregarded for the purposes of computing any contractual time limit for the time taken, by Gilbert & Stamper to complete any services directly and/or indirectly affected by the exercise of the right. Where any contractual time limit is set by reference to a date rather than a period, the date shall be adjusted accordingly.

16. TERMINATION

Gilbert & Stamper Ltd may terminate this contract by giving 14 days’ notice in writing of termination. In the event of the termination of Gilbert & Stamper Ltd employment under this contract (for any reason):

(i) Gilbert & Stamper Ltd shall immediately take steps to halt the performance of the Services in an orderly manner.

(ii) The Customer shall pay to Gilbert & Stamper Ltd any fees due for services performed prior to the date of termination, including any existing liabilities such as; orders that are committed and unable to be cancelled and/or returned.

(iii) If Gilbert & Stamper Ltd has terminated this contract because of the Customer’s breach of contract, irrespective of whether the breach was material, then Gilbert & Stamper Ltd may deduct damages caused by the Customer’s breach of contract.

17. CONFIDENTIALITY

(i) In conducting this engagement, information acquired by us during the engagement is subject to strict confidentiality requirements. That information will not be disclosed by us to other parties except as required or allowed for by law, or with your express consent.

(ii) All information relating to the business of Gilbert & Stamper Ltd, its personnel, transactions or finances shall not be passed on to any third party or improperly used by the Customer at any time during or after the termination of this Contract.

Top