Terms

B. & P. BUSWELL LIMITED

CONDITIONS OF TRADING

PREAMBLE

Unless expressly stated to the contrary this Quotation is based on the following Conditions of Trading which shall be deemed to be incorporated into a Contract based upon this Quotation insofar as they are not in conflict with such other terms thereof as have been agreed between the parties.

1. BUSWELL’S OBLIGATION No binding Contract shall be deemed to have been affected by the Customer’s acceptance of this Quotation until Buswell has given confirmation of its agreement to execute the work when Buswell shall in good and craftsmanlike manner execute the contract works in accordance with the specification and plans

2. STATUTORY OBLIGATIONS Buswell shall comply with and shall give all such Notices as are required by all relevant statutes rules orders regulations or byelaws of any competent authority in respect of the Quotation before making any alterations to the Contract Works necessitated by such compliance Buswell shall give to the Customer a written notice advising and giving the reason for such variation if within seven days of giving such notice Buswell has not received written instructions from the Customer to the contrary then Buswell shall proceed with the work required to conform to the Statute rule order regulation or byelaw in question and any such works shall be a  variation due to be charged within the Final Account Further any sums paid by Buswell as fees exchanges legally demandable under any statute rule order regulation or byelaw in respect of the works shall be added to the Contract sum in the Final Account.

3. ASSIGNMENT Neither Buswell nor the Customer shall assign this Contract without the prior written consent of the other party which consent shall not be unreasonably withheld.

4. DRAWINGS All plans drawings specifications samples and the like submitted by B. & P. Buswell Limited are the property of Buswell Without prior written approval from Buswell they shall not be disclosed to any third party excepting only the professional advisors of the Customer.

5. VARIATIONS The plans drawings and specifications detail the work allowed within the Quotation. Further unless otherwise specified the Quotation is based on working the usual hours of the industry and on the basis that the Site works shall be completed in one continuous visit to Site and that the Site shall be and shall remain in a fit and proper state for Buswell to commence and continue its Site programme Accordingly Buswell shall have the right to make extra charges in the event of (i) any alteration to the work including any requested or required by any Local Authority or Fire Officer.

(ii) conditions on the Site whether existing at or arising after the commencement of the work which in the expert opinion of Buswell are unreasonable.

(iii) overtime work being requested by the Customer or his Agent

(iv) suspension of the works for reasons beyond the control of Buswell

6. COMPLETION Buswell shall give practical completion of the contract works on or before a date which shall be agreed between the Customer and Buswell and this shall be known as the Contractual Completion Date. In the event of failure by Buswell to give practical completion of the contract works by the Contractual Completion Date after making due allowance for extra time as may be necessary by reason of variations from the original programme and for delay resulting from causes outside the control of Buswell the Customer shall be entitled to receive from Buswell repayment of specific costs which the Customer had incurred solely by reason of the delay occasioned by Buswell but these costs shall not include any sum for consequential loss or assessed or proven loss of profit and shall at all times be limited to not more than one per centum of the value of the final Account rendered by Buswell and paid by the Customer.

7. MATERIALS All materials are offered subject to the trade conditions imposed by their suppliers. Any existing materials on the site replaced by new work shall become the property of Buswell unless otherwise agreed in writing. Materials and goods delivered to be placed on or adjacent to the works and intended therefore (except temporary buildings plant tools and equipment owned or hired by the Contractor or any of his sub-contractors) shall be at the sole risk of the Customer. When the value of any such goods or materials has been paid by the Customer to Buswell then such goods or materials shall become the property of the Customer. Until they have been paid for all goods or materials as aforesaid shall remain the property of Buswell. Where manufacture and/or procurement of materials has been carried out by Buswell in accordance with the contract works programme and delivery cannot safely be made by Buswell of the materials to the site because of delays in site works other than for which Buswell is responsible in its contract then the  manufactured/purchased items shall be transported and or stored by Buswell at the risk and cost of the Customer.

8. SITE FACILITIES

(i) Unless otherwise agreed in writing the Customer shall provide on site and without charge to Buswell adequate electric light and power and a sufficient water supply for the intended works. The Customer shall further supply facilities on site for the safe storage of plant and materials necessary for the proper carrying out of the works to the Buswell’s programme and any other facilities or requirement requested by Buswell.

(ii) Any defects or deficiencies found in an existing building or system which require to be attended to for satisfactory completion of the Quotation work or to satisfy statutory requirements and not specifically referred to in the quotation shall be responsibility of the Customer. If the Customer arranges for any part or the whole of such work to be carried out by Buswell it shall be the subject of a separate Quotation or be charged as an extra on a time and materials basis. In particular in the case of heating work it shall be the responsibility of the Customer to ensure that the existing flues are in good condition and where it is necessary for a flue liner to be used that the flue is free of obstruction and properly swept or  cleaned before the insertion of the flue liner.

(iii) The Contract shall take every care during the carrying out of the work but the Quotation does not include renewing flooring or incidental redecoration subsequent upon the proper execution of the work.

In particular the Customer shall remove or be responsible for all flooring coverings including carpets and lino. Unless otherwise agreed Buswell shall lift and relay softwood tongued and grooved flooring as necessary. It is not always possible to avoid minor damage but Buswell will make every effort to keep this to a minimum. Buswell shall not be responsible for lifting and relaying hardwood flooring.

9. DEFECT LIABILITY PERIOD On a day not less than fifty two weeks from the date of practical completion of the contract works known as the Contractual Completion Date there shall be a fixed Defects Inspection Meeting between the Customer and Buswell. Any defects which have arisen and are due to faulty materials and/or workmanship on the part of Buswell or its sub-contractors shall be rectified by Buswell or its agents without charge to the Customer. After the expiration of a period of fifty two weeks from the Contractual Completion Date no liability shall attach to Buswell for any defect latent or patent howsoever arising if no Defects Inspection Meeting has taken place before the expiration of sixty calender weeks from the Contractual Completion Date unless otherwise agreed by Buswell in writing to the contrary it shall be deemed to have been agreed that there are no defects which require the attention of Buswell.

10. GUARANTEE In place of any conditions guarantees or warranties imposed or implied by law (to the extent permitted by statute) Buswell will make good any defects due to bad workmanship and repair or replace any defective materials or goods supplied provided that any defects are brought to its notice at the Defects Inspection Meeting. But:

(i) No responsibility is accepted for any drawings or designs prepared by persons other than Buswell or any suppliers and any extra work necessary caused by defects in the drawings or designs shall be charged as an extra under Clause.

(ii) No liability is accepted for any loss or damage direct or indirect nor for any extra work entailed due to the apparatus being put into operation by the Customer or at his request before it is handed over for beneficial use.

(iii) No liability is accepted for any defect in articles not manufactured by Buswell and the conditions of taking out repairing and replacing such articles shall be in accordance with the guarantee of the manufacturer.

(iv) No liability is accepted for any consequential loss or damage caused directly or indirectly by any such defect.

11. LIABILITIES Buswell shall not be responsible for any loss damage or delay resulting from causes outside its control.

12. TEMPERATURE Where heating is installed and roof insulation incorporated the temperature indicated by B. & P. Buswell Limited will be achieved only when the boiler is fully in operation. When the outside temperature is not less than 300F (-1.10C) the system will achieve the heating standards described by Buswell provided the following conditions are satisfied :

(i) All rooms and other areas must be heated simultaneously

(ii) The system must have been operated continuously for not less than twenty-four hours and must continue to operate fully with clock controller overridden and air temperature and hot water thermostatic controls correctly set and the boiler flow temperature set at 1800F (820C) Heating is defined as the simultaneous heating of all areas so as to maintain specified temperatures based upon calculated heat losses.

13. PAYMENT The Customer will pay the proper progress requests made upon him by Buswell phased at intervals of not less than fourteen days commencing on the day that the contract works shall first be started within the Buswell’s business whether any such works shall be on site or not. Payment of each progress request will be made by the Customer within fourteen days of the date shown by Buswell as being the V.A.T. attributable to the contract works at that time. The requests for progress payments made by Buswell shall not exceed 95.0% of the value of the contract works undertaken at the time the request is made up to the date of practical completion at which time Buswell shall prepare a detailed Final Account showing its original contract sum and all omissions therefrom together with all extra charges. At or before twenty-eight days after the date of the Final Account the Customer shall pay such sum as is required to bring the total amount of the progress payments previously made up to the total of the Final Account.

14. TERMS This quotation is net and does not allow for any discount trade or cash except as may be expressly specified therein. Unless specifically stated to be a Fixed Price Contract this Quotation is based on labour and material prices ruling at the date of tender whether any future alterations therein shall have been promulgated or not.

15. VALUE ADDED TAX If the cost to Buswell of performing its obligations under the terms of any contract which may arise in respect of any quotation attached to these conditions is increased by reason of Value Added Taxation then the contract sum will be appropriately adjusted by reference to the increase in Value added Tax.

16. LAW These Conditions and any Contract into which they become incorporated are to be interpreted in accordance with and governed by English Law.

17. DEFINITIONS In these Conditions “the Buswell” shall mean B. & P. Buswell Limited and its permitted assigns and “the Customer” shall mean the person to whom this quotation is addressed or the permitted assigns thereof.

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