Terms & Conditions
1.1 In these Terms and Conditions
- (a) “SANDHURST” shall mean the SANDHURST Group of Companies (Sandhurst Plumbing & Maintenance Limited and Sandhurst Construction Limited) whose registered office is situated at 12e Manor Road, London, N16 5SA;
- (b) “Customer” shall mean the person, organisation, firm or company from whom Orders are received;
- (b) “Customer” shall mean the person, organisation, firm or company from whom Orders are received;
- (d) “Order” shall mean an order placed with SANDHURST situated at 175 Rise Park Parade, Eastern Avenue East, Romford RM1 4NT specifying the Services to be supplied.
2.0 Orders, Acceptance and Exclusion of Liabilities
2.1 The Customer acknowledges and agrees that:
- (a) This is a business transaction into which both parties are freely entering;
- (b) There are clauses contained in these Terms and Conditions which exclude, limit or modify the liability of SANDHURST, its servants and agents, in particular clauses 11 & 12;
- (c) All business transacted is subject to these Terms and Conditions as set out herein. All other terms and conditions are excluded. Any variation to these Terms and Conditions must be in writing and signed by a Director of SANDHURST and no employee or agent of SANDHURST has authority to waive or vary these Conditions;
- (d) On acceptance by SANDHURST of an Order from the Customer, such an Order for goods or services cannot be rescinded without written agreement signed by a Director of SANDHURST;
- (e) In the event of SANDHURST being required to commence works on site in advance of an Order being placed by the Customer, the SANDHURST Terms and Conditions will apply to all works undertaken by SANDHURST.
3.0 Price of Services
3.1 An Order is accepted only on condition that the price of the Services shall be those in force at the date of commencement of the Services. SANDHURST shall give written notification of any price change that shall be implemented between the acceptance of an Order and the date of the commencement of the Services. All prices and sums payable by virtue of these Terms and Conditions are subject to the addition of Value Added Tax or such tax required to be paid by law at the rate for the time being in force.
3.2 All prices are net of VAT unless specifically stated in writing to the contrary.
3.3 Prices do not allow for compliance with any noise restrictions peculiar to the works unless specifically stated in writing to the contrary.
3.4 Prices allow for all works being completed on one visit to the site consisting of continuous efficient working.
3.5 Prices are based on working a five day week of eight hour days.
4.1 The Customer shall within 14 days of the completion of the Services carry out at its own expense tests to ensure that the Services satisfy the specification as contracted by SANDHURST and shall notify SANDHURST in writing within such 14 days period of any failure to meet the contracted specification. If no such written notice is received by SANDHURST within 15 days, the Customer shall be deemed to be satisfied with the Service provided.
4.2 The parties are to agree a programme of work prior to the commencement of the works to ensure efficient working and to prevent out of sequence working.
4.3 SANDHURST will take all reasonable steps to secure completion by the dates given but if completion of the works should be delayed for any reason outside the control of SANDHURST, SANDHURST shall give written notice thereof to the Customer and SANDHURST will be entitled to a fair and reasonable extension of time.
5.0 Dayworks, Variations, Minimum Daily Charges and N.P.O.
5.1 Plumber £90.00 plus VAT per hour
5.2 Dayworks will be carried out at the rates in clause 5.1. The records for daywork standing/waiting time will be recorded on the operatives worksheets and submitted to the Customer not later than 10 working days following the day in which the works have been carried out.
5.3 Consumables used in dayworks will be charged at the rates prevailing at the time the works are carried out.
5.4 SANDHURST require a minimum amount of priced work per day per operative equal to the daywork charges in clause 5.1 for an eight hour day. If this amount is not available a minimum daily charge calculated as aforementioned will be charged together with consumables as per clause 5.3. Should SANDHURST not exceed the appropriate minimum daily rate due to out of sequence working, excessive moving or other disruptive matters outside of SANDHURST control, the minimum daily charge will apply.
5.5 Non productive overtime will be charged at £90.00 per hour for a minimum 8 hours for weekend and night work.
5.6 Any extra over to quantities will be priced on a pro-rata basis to the rates contained in the original price.
5.7 All work will be recorded on SANDHURST worksheets on a daily basis and signed by the Customer to verify content. Variations in finished sizes will be charged accordingly.
6.0 Loss and/or Expense
6.1 SANDHURST will be entitled to payment by the customer for any direct and/or indirect loss and/or expense it may incur as a result of the regular progress of the works being disrupted or prolonged for reasons beyond the control of SANDHURST. This includes but is not limited to the normal rate of production being impeded by encountering unforeseen objects in the material being worked upon and any drilling/sawing of longitudinal steelwork, bolts and reinforcement within the material being detrimental to diamond cutting.
6.2 The provisions of this clause are without prejudice to any other rights or remedies that SANDHURST might possess.
7.0 Defects Liability Period and Retention
7.1 Unless otherwise agreed in writing the contract shall not be subject to a defects liability period following completion of the work and no sum of money is to be retained from the amount due to SANDHURST from the Customer in regard to a defects liability period.
8.0 Facilities on Site
8.1 Unless otherwise agreed in writing by the parties the Customer shall provide free of charge the following:
- (a) All necessary access, scaffolding or staging including its erection, also hoisting facilities where needed;
- (b) Temporary support for any concrete being cut out;
- (c) Setting out of all holes, penetrations, datum lines prior to the commencement of all works, SANDHURST accept no responsibility for services being cut or damaged in areas marked by the Customer;
- (d) Welfare facilities, drying rooms and first aid centre;
- (e) A constant supply of water and 110v electricity and when required 415v 3 phase power supply;
- (f) Provision for all necessary fire and safety precautions;
- (g) Facilities and responsibility for the safe custody of all SANDHURST equipment materials and plant delivered to site;
- (h) All excavations and removal of spoil or other obstructions required to give reasonable access to the works;
- (i) Facilities and responsibility for the safe custody of all SANDHURST equipment, materials and tools delivered to site;
- (j) Provision for all necessary fire and safety precautions;
- (k) Cleaning, drying and/or making good any areas or materials affected by SANDHURST work;
- (l) Parking space for one van.
9.1 SANDHURST shall submit a written statement of its valuation on the payment due date. The gross valuation shall be the value of:
- (a) The Services executed which shall be valued at the rates set out in the Order. If none are set out fair rates shall be ascertained by SANDHURST;
- (b) Materials on site;
- (c) Materials off site which SANDHURST or any subcontractor has made full or part payment for;
- (d) Disturbance of regular progress pursuant to clause 6.0.
9.2 The first payment due date shall be two weeks from the commencement of the works and thereafter at fortnightly intervals until the works are completed on site.
9.3 Not later than five working days after the payment due date the Customer will submit to SANDHURST a notice of payment specifying the amount to be paid to SANDHURST and the basis on which that amount is calculated.
9.4 The final date for payment shall be on the date of completion of the works.
9.5 The Customer will not withhold payment after the final date for payment unless it has given an effective notice of intention to withhold payment no later than five working days before the final date for payment. The notice of intention to withhold payment must specify the amount proposed to be withheld and the ground for withholding payment or if there is more than one ground, each ground and the amount attributable to it.
9.6 Where the Customer does not give a written notice pursuant to sub-clause 9.3 or 9.5 the Customer will pay the amount stated as due in SANDHURST’s gross valuation.
9.7 If the Customer fails to pay SANDHURST any amount, or part thereof, due to SANDHURST under the contract by the final date for payment, the Customer shall pay to SANDHURST in addition to the amount not properly paid, simple interest thereon for the period until such payment is made. Payment of such simple interest shall be treated as a debt due to SANDHURST from the Customer. The rate of interest payable shall be eight percent (8%) over the Bank of England Base Rate which is current at the date the payment to SANDHURST became due.
9.8 Unless stated otherwise in the Order Acknowledgement, the customer is not a “contractor” for the purposes of the Construction Industry Scheme (“CIS”). Where the customer is stated as being a “contractor”, the obligation of the customer to make payment under this contract is subject to the provisions of the CIS.
10.0 Suspension of Works
10.1 If, subject to any notice issued pursuant to sub-clause 9.5, the customer fails to pay SANDHURST the amount due by the final date for payment and such failure shall continue for seven calendar days after SANDHURST has given written notice of its intention to suspend performance of its obligations under the contract and the ground or grounds on which it is intended to suspend performance, then SANDHURST may suspend such performance of its obligations until full payment occurs.
11.0 Limitation of Liability
11.1 SANDHURST shall not be liable to the Customer for damages or losses, directly or indirectly, and specifically excluding any damages howsoever arising if SANDHURST have not been notified in writing in advance of commencement of the work by the Customer of the exact route of all pipes, wires and services in the vicinity of any locations where SANDHURST are providing Service
11.2 SANDHURST shall have no liability for any indirect or consequential losses or expenses suffered by the Customer howsoever caused.
11.3 SANDHURST’s aggregate liability to the Customer, whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the Services which give rise to such liability in respect of any occurrence or series of occurrences.
12.0 Contractual Exclusion of the Customers Right to Set Off
12.1 The Customer hereby agrees that no payment will be withheld or deferred on account of any claim, counterclaim or set-off and acknowledges that any claim of whatever nature by the Customer against SANDHURST must be the subject of separate proceedings.
13.0 Health and Safety Regulations COSHH 2002
13.1 Prices are based on SANDHURST operatives being sole persons working in the area where the work is to be carried out. With this type of work problems may arise with regards to the above regulations. If any special requirements are needed to comply with site conditions and COSHH regulations SANDHURST would be prepared to quote or advise on any additional requirements.
14.1 Subject to clause 15.0 any dispute between SANDHURST and the Customer arising under or in connection with the contract, except in connection with the enforcement of any decision of an Adjudicator appointed to determine any dispute arising under or in connection with the contract, shall at the request of either party be referred to an Arbitrator to be agreed between the parties or, failing such agreement, to an Arbitrator appointed by the President or Vice President of the Royal Institution of Chartered Surveyors.
14.2 In the event that any dispute between SANDHURST and the Customer is substantially the same as a matter which is in dispute between SANDHURST and a subcontractor and which has been submitted to arbitration under a subcontract, SANDHURST shall be entitled to require the Customer to be joined as a party to such arbitration.
15.1 In the event of a dispute arising under or in connection with the contract, either SANDHURST or the customer shall be entitled at any time to give Notice of its Intention to Refer the dispute to Adjudication.
15.2 The party referring the dispute (“the Referring Party”) shall apply to the Royal Institution of Chartered Surveyors as the Adjudicator Nominating Body with the objective of securing the appointment of an Adjudicator within seven calendar days of the date of the Notice of Intention to Refer.
15.3 The Referring Party shall refer the dispute to the Adjudicator (“the Referral”) within seven calendar days of the date of the Notice of Intention to Refer. The Referral shall include particulars of the dispute, a summary of the contentions, a statement of the relief or remedy which is sought and any material to be considered.
15.4 The other party to the dispute (“the Responding Party”) shall have seven calendar days from the date of receipt of the Referral to respond to the Referral.
15.5 Any request for the appointment of an Adjudicator will require the Adjudicator to comply with the following:
- (a) Act impartially and disqualify himself/herself from acting in the event of any discovered conflict of interest;
- (b) Contact all relevant parties, take the initiative and make such enquiries as he considers in ascertaining the facts and the law;
- (c) Reach a decision on the dispute within 28 calendar days of receiving the Referral or within 42 calendar days of receiving the Referral with the consent of the Referring Party or within such longer period as is agreed by the parties;
- (d) Give reasons for the decision in writing.
15.6 Any decision by the Adjudicator shall be binding until the dispute is finally determined by legal proceedings, arbitration or by agreement between the parties.
15.7 The Adjudicator, his employees or his agents, shall not be liable for anything done or omitted in the discharge or purported discharge of his functions as Adjudicator unless the act or omission is in bad faith.
16.0 Governing Law
16.1 The formation, construction and performance of these Terms and Conditions of sale shall be governed in all respects by English Law.
Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact 0117 456 6031 or via their website http://www.disputeresolutionombudsman.org/which-trusted-traders-partnership/