Terms & Conditions
STANDARD TERMS & CONDITIONS FOR SUPPLYING SERVICES
STANDARD TERMS & CONDITIONS FOR SUPPLYING SERVICES
In this document the following words shall have the following meanings:
“Customer” means any person or company who purchases Services from the Supplier;
“Proposal” means a statement of work, quotation or other similar document describing the Services to be provided by the Supplier;
“Services” means the services specified in the Proposal;
“Supplier” means Waterways Drainage Specialists Ltd of Flat 16 Daws Court, Old Ferry Road, Saltash, Cornwall, PL12 6JD, with registered office at the same address;
“Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute, law or regulation.
Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
The Proposal attached to these Terms and Conditions shall remain valid for a period of 30 days. The Customer shall be deemed to have accepted the Proposal by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.
All Orders for Services shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
PRICE AND PAYMENT
The price for the Goods and Services is as specified in the Proposal and is exclusive of VAT and any applicable charges outlined in the Proposal.
Payment of the price shall be in the manner specified in the Proposal.
DELIVERY OF SERVICES
The date of delivery specified by the Supplier is an estimate only. Time for delivery of the proposal shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Services.
All risk in the performance of the Services shall pass to the Customer upon completion of the work specified in the Proposal.
Any Services specified in the Proposal that operate for a period of time will be provided for a maximum period of 12 months unless a shorter time period is specified on the Proposal.
Title in any goods, equipment or materials shall not pass to the Customer until the Supplier has been paid in full for the Goods.
To enable the Supplier to perform its obligations the Customer shall:
co-operate with the Supplier;
provide the Supplier with any information reasonably required by the Supplier;
obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer, unless otherwise agreed between the parties;
comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
The Supplier warrants that the Services will at the time of delivery correspond to the description given by the Supplier.
The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and to the DrainSafe code of practice.
The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
CANCELLATIONS AND REFUNDS FOR SERVICES ONLY
The Customer may terminate the supply of Services by giving 30 days notice in writing (an email is an acceptable form of writing). After termination any holding deposit will be held until all outstanding usage, irreversible costs borne by the supplier and other charges have been invoiced (usually within 30 days of termination) and paid in full. Any setup fees or Services charge will be retained by the Supplier.
The Supplier may terminate the Services by giving 30 days notice in writing (an email is an acceptable form of writing). After termination any holding deposit will be held until all outstanding usage and other charges have been invoiced (usually within 30 days of termination) and paid in full. Any unused Services charge will be returned to the Customer.
The Supplier reserves the right to terminate the Services without notice or refund if any of these terms have been breached or if it is the Suppliers belief that the Services are being used with fraudulent or criminal intent.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Services.
The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Provision of our services to Clients is in accordance with the following terms and conditions unless there is a written agreement to the contrary.
1. GENERAL TERMS
1.1 These Terms and Conditions apply from 17th June 2022. They replace and supersede any others previously published.
1.2 In these terms the ‘Client” shall mean the organisation or individual on whose instruction or behalf the work is carried out. “Waterways” shall mean Waterways Drainage Specialists Ltd.
1.3 Intellectual property rights in any work undertaken by Waterways Drainage under these Terms remains vested in Waterways Drainage. The Client has free irrevocable licence to make use of the same for his own purpose.
1.4 All recommendations are made by Waterways Drainage in good faith and on the basis of information made available. However, achievements generally depend on factors that are outside the control of Waterways Drainage and therefore no statement is deemed to be in any circumstances a representation undertaking warranty or contractual term and no claim will lie against Waterways Drainage if such statements prove inaccurate.
1.5 In circumstances when Waterways Drainage, or an employee of Waterways Drainage, is required to act in an executive role on behalf of the Client, Waterways Drainage cannot accept any responsibility for such acts or omissions. The Client therefore agrees to indemnify Waterways Drainage and its employees against all costs, claims, damages and expenses for which Waterways Drainage may become liable by reason of any such acts or omissions.
2. QUOTATIONS & ESTIMATES
2.1 Quotations and Estimates are subject to withdrawal at any time before receipt of unqualified instructions from the Client and shall be deemed to be withdrawn unless accepted within 30 days for their date.
3. THE WORK
3.1 The work to be done (“the work”) is specified in our Quotation or Estimate or is referred to in our Work Authorisation. All descriptions and illustrations contained in our catalogues, price lists, web site, and advertisements or otherwise communicated to the Client are intended merely to present a general idea of the work described therein and nothing contained in any of them shall form part of the contract.
4. THE PRICE
4.1 The price payable by the Client is specified in Waterways Drainage’s Quotation or Estimate. Waterways Drainage reserve the right to increase the price before carrying out the Work by an amount equivalent to any increase to Waterways Drainage in the cost of relevant materials and labour since the date of the Quotation or Estimate save that if this would increase the Price by more than 10% we will give the Client the opportunity to cancel the contract.
4.2 Where no Quotation or Estimate exists then the price payable by the Client will be assessed and charged according to our Dayworks Schedule (see Item 7 below).
4.3 Excavation Works: Unless specifically stated in the Quotation or Estimate, prices and rates for excavation are for excavation in noncontaminated, firm earth and for suitable earthwork support for such type of earth. Should other types of ground, or obstructions such as rock, concrete etc. be encountered then any work necessary to deal with these variations will be assessed and charged according to either (i) Our Dayworks Schedule (see Item 7 below) or (ii) a schedule of rates as agreed between the Client and Waterways Drainage within 7 days of commencement of the varied works. In the absence of agreed rates then Daywork rates will prevail.
4.4 Delays: When Work is delayed for reasons outside the control of Waterways Drainage (adverse weather and failure of equipment supplied by Waterways Drainage excepted) then any costs reasonably incurred will be charged according to our Daywork Schedule unless the Quotation or Estimate provides alternative rates for such events.
4.5 All Prices are subject to Value Added Tax at standard rate unless the Client provides firm evidence to the contrary prior to commencement of the Work.
5.1 Subject to Paragraph 4.1, the Client may not cancel the contract without the consent of Waterways Drainage which, if given, shall be on the express condition that the Client shall indemnify Waterways Drainage against all loss, damage, claims, or actions arising out of such cancellation unless otherwise agreed in writing.
6.1 Invoices will be submitted to the Client on completion of the Work if completed within one week. Otherwise Waterways Drainage reserves the right to submit interim invoices at weekly intervals or otherwise during the course of the Work. Payment should be made to Waterways Drainage within 7 days of the date of the Invoice unless otherwise agreed in writing.
6.2 Late Payment: Invoices to Individuals remaining unpaid after the agreed term will be subject to a finance charge equal to the Bank of England’s Bank Rate plus 8% charged on a daily basis. Invoices to Organisations covered by the scheme remaining unpaid after the agreed term will be subject to Statutory Interest.
7. DAYWORKS SCHEDULE
7.1 The Price of Work carried out on Daywork is calculated according to the current Civil Engineering Contractors Association (CECA) Schedules of Dayworks Carried Out Incidental To Contract Works with the following amendments:
7.2 LABOUR: Hourly Rates for directly employed labour are charged at the “Prime Cost of Labour” plus an addition of 150% to cover all other charges (including the use of small tools, statutory charges, overheads, and profit).
“Prime Cost of Labour” includes actual wages and bonus paid to operatives, daily travelling allowances (fare and/or time), and all prescribed payments including those is respect of time lost due to inclement weather paid to workmen at plain time rates and/or overtime rates.
7.3 SUBSISTENCE: Subsistence allowances paid to or incurred on behalf of workmen are charged at cost plus 15%.
7.4 PLANT & EQUIPMENT: Commonly used small hand tools are included within Labour dayworks rates. All other plant and equipment owned by Waterways Drainage will be charged at current CECA Schedule of Dayworks rates where applicable but where no rate exists for a particular item of plant or equipment Waterways Drainage will charge a reasonable rate based on the true cost of operating and owning the item of plant and equipment. Any hired-in plant and equipment will be charged at cost plus 15%.
7.5 VEHICLES: Vehicles on site that are owned or normally operated by Waterways Drainage are charged daily on the basis of 8 hours times the current CECA Schedule of Dayworks hourly rate plus an addition of 12.5%.
7.6 MATERIALS: Materials delivered to site are charged at cost plus 15%.
8. POWER AND WATER FOR THE WORK
8.1 The Client will provide an adequate supply of 110-volt or 240-volt electricity and clean water for the Work unless otherwise agreed in writing.
9. ASBESTOS AWARENESS
9.1 The client will be responsible for identifying the presence of asbestos at their property/site, for working with and disposing of any asbestos materials.
10.1 Waterways Drainage offers a guarantee on certain work. Guarantees are only issued upon full payment for the works. The guarantee term is dependent on the type drain repair done; 15 years for ‘Pitch Fibre Drain Reforming’, 50 years for ‘Bluelight Lining’, 10 years for ‘Sectional/Silicate’ lining, 10 years for ‘Replacement & New Drains’ and 2 year for ‘Manhole Repairs’.
11.1 The client will provide adequate welfare facilities for our staff, including toilet and washing facilities, unless otherwise agreed.