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VR Group Terms & Conditions of Contract

Terms & Conditions of Sale

Definitions

  • "Customer" Purchaser/Client of VR Group for the supply of materials/goods/service.
  • "Company" supplying Company VR Group & Subsidiaries

General Conditions & Order

  • The present General Conditions of Sale form the whole agreement between Customer & Company & no other express Terms written or oral shall be incorporated into the Contract.
  • These Conditions of sale override any other terms which the other Customer may subsequently seek to impose.
  • Upon receipt of Order unless expressly agreed in writing with Company's Director our Terms & Conditions cannot be revised to suit Customer Conditions.
  • The contract is deemed concluded once Company formally accepts the order from the Customer by written or electronic mail confirmation of order. The Customer should check the order confirmation immediately & inform Company of any error or anomaly. Should the Customer fail to do so, Company will supply in accordance with the order confirmation which is deemed binding with the Customer.
  • Work will be carried out as detailed in estimate/quotation using good quality materials provided by the Company from our choice of supplier, unless nominated suppliers have been agreed or specified. The Company accepts no responsibility for materials or waste used if supplied by the Customer, the Customers Sub-Contractors or the Customers nominated supplier.
  • Surplus Materials remain the property of Company as do any salvaged material, unless previously agreed in writing.
  • Variations & amendments to the Contract must be agreed in writing. Any increased cost incurred will be charged to the Customer.
  • Electricity & water needs to be provided by the Customer when needed, unless prior arrangements have been made.
  • Furnishings, floor coverings, windows, equipment etc must be removed/adequately protected by the Customer prior to commencing of work by the Company. No claims will be accepted unless reported within 7 days of completion of work.
  • The Customer is responsible for the safe custody of tools, equipment & materials & shall be liable for any losses whilst on their site & would be advised to have suitable insurance in place to cover every eventuality.

Prices

  • The prices indicated are quoted net of VAT in GBP
  • Company reserves the right to amend charges in the case of materials/labour/VAT rates alter between date of estimate/quotation & execution of contract.
  • Prices based on Bill of Quantities will be re-measured upon completion.
  • Day work charges will be based on our standard rate for a 2 man gang (excluding plant) - these costs are available upon request. Prices are based on normal working hours (standard 8 hour day) & conditions.
  • 3.5 On acceptance of order the Customer is liable for any changes including any incurred overtime costs.

Conditions of Payment

  • Payment must comply with the standard 30 day net from date of invoice, save by prior formal arrangement to the contrary.
  • In compliance of our statutory/contractual rights Company reserve the right to charge 5% above Bank of England base rate on arrears.
  • Company reserves the right to place administration fees /late payment onto overdue balances.
  • All bank charges are to be met by the Customer.
  • Credit Card payments hold a 2.5% surcharge.
  • Company reserves the right to cancel/re-evaluate Customer account & amend limits as deemed fit.
  • Customer shall be liable for any court costs/legal fees/debt recovery agency costs.
  • A 2% discount maybe applicable on early settlement by prior arrangement with Company’s accounts department.
  • 2.5% of Retentions must be released 6 months from practical completion, with the remaining balance after a further 6 months.
  • If continuality of work is prevented by reasons not within the Company’s control, we reserve the right to charge for lost time & equipment hire.

Retention of Title

  • Goods supplied remain the property of Company until paid for in full by the Customer & it is hereby agreed that Company shall have contractual licence by itself, its agents or otherwise to enter property where Company’s goods are held to retake possession if payment of sums due & owing to Company in respect of such goods is not made within 7 days of demand being made under this clause. This includes all goods on site whether they be fixed or unfixed on any contract that has not been completed or handed over.

Discounts

  • Discounts or Retentions will not be offered or accepted unless requested in writing within Enquiry or Tender Stage.
  • A discount off total sum may be applied if Customer forfeits retention as per prior arrangement with both parties.
  • VAT amount stays as at time of works completion.

Delivery

  • Delivery periods are indicative only.
  • A delay in delivery does not give the customer any right to financial penalties/damages or the right to cancel the contract. Company delivery times are usually between the times of 7am & 6pm Monday to Friday. Company will strive to give a more approximate time when possible but shall not be held accountable for any delays.
  • The delivery is regarded as complete once the goods leave Company site.
  • Before signing the carrier’s delivery note, the Customer must indicate thereon any missing or damaged items.
  • The Customer is required to check the delivered goods on receipt. The Customer should notify Company in writing within 8 days following acceptance of delivery along with delivery note. In the absence of such a complaint by the Customer, the goods are deemed approved.
  • The Company will refuse to deliver any Goods over roads or other ground which the Company considers unsuitable & any resultant abortive costs incurred will be paid by the Customer to the Company.
  • It is the Customers responsibility to offload the Goods at the Delivery Point in a safe manner & to provide, free of charge adequate labour & equipment for this purpose.

Insolvency

  • If the Customer
  • a) has a bankruptcy order made against him or makes an arrangement or composition with his creditors or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors or(being a body corporate) convenes a meeting of creditors(whether formal or informal)or enters into liquidation( whether voluntary or compulsory)except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation & has a receiver &/or manager administrator or administrative receiver appointed of its undertaking of any part thereof or documents are filed within the court for the appointment of an administrator of the Customer or notice of intention to appoint an administrator is given by the customer or its directors or by a qualifying floating charge holder(Insolvency Act 1986) or a resolution is passed or a petition presented to any court for the winding up of the customer or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer; or
  • b) suffers or allows any execution whether legal or equitable to be levied on his/it’s property or obtained against him/it or fails to observe or perform any of his/it’s obligations under the Contract or any other contract between the Company & the Customer or is unable to pay its debts within the meaning of section 123 of the insolvency act 1986 or the customer ceases to trade or
  • c) Encumbers or in any way changes any of the Goods then the provisions of clause 8.2 shall apply
  • In the event of any of the circumstances under clause 8.1 arising then
  • a) the Company may terminate the contract
  • b) if the Goods have been delivered but not paid for, the price shall become due immediately regardless of any prior agreement to the contrary
  • c) the Customer’s right to possession of Goods shall terminate with immediate effect

Force Majeure

  • The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of Goods ordered by the Customer (without liability to the Customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the company including without limitation, acts of God, government actions, war or national emergency, acts of terrorism, protests ,riot civil commotion, fire explosion, flood, epidemic, lock-outs, strikes or other labour disputes(whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that, if the event in question continues for a continuous period in excess of 28 days, the Customer shall be entitled to give notice in writing to the Company to terminate Contract
Terms & Conditions of Purchase
  • The Supplier undertakes to supply the goods or materials specified on the order form & to deliver the same to the Company's premises as shown thereon.
  • All goods & materials shall comply with the Company's stipulations as to quality, quantity, standards & description, unless otherwise qualified such goods or materials shall further comply, where appropriate, with the relevant British Standard.
  • The goods or materials shall deliver against the signature of a person authorised by the Company to receive them. Such signature will constitute acknowledgement that the goods or materials have been received and will not serve as an acknowledgement by the Company of compliance with the provisions of clause 2.
  • Ownership of the goods or materials shall pass to the Company upon the Supplier's receipt of the Company's signature as provided in clause 3 hereof, without prejudice to the Company's remedies under clause 5 & 6 hereof or otherwise.
  • The Company may at any time reject any goods or materials which are in any way defective or which otherwise fail to comply with the standards laid down in clause 2 hereof, whether or not payment has been made, provided that advice of any defect or other failure to comply with the standards of clause 2 shall be given by the Company to the Supplier within a reasonable period from the time when such failure is discovered. The Supplier shall forthwith at its own cost replace any such goods or materials.
  • The Supplier shall be solely responsible for & shall indemnify the Company against loss, damage, expense or injury what so ever(including consequential loss) caused to the company or to any third party by any defect in the goods or materials supplied or any failure to comply with the standards laid down in clause 2.
  • Time shall be of the essence in the performance by the Supplier of its obligations hereunder provided that, in event of any Contract of the Company with its Employer being cancelled, delayed, interrupted or otherwise restricted by force majeure, lockouts, strikes by workmen or any other cause beyond control of the Company, then the Company shall be at liberty to defer the date of or to cancel the order.
  • No variation in price will be accepted unless notification has been given to the Company of such a variation & the Company's written approval has been obtained thereto prior to the execution of the Order. Prices shown include delivery to site unless stated & all necessary packing & containers.
  • Invoices are to be submitted to the address stated on the head of the Order by the fifteenth day of the month following the month of delivery. On payment by the Company by the end of such month the discount on the order shall be allowed. Company reserve the right to refuse liability & return invoice not quoting Order number & delivery address.
  • The Company will not be liable to accept or pay for any goods or materials the specification of which differs from that provided in this Order unless such variation has been authorised by the Company in writing.
  • Breach by the Supplier of any of the terms in these Conditions shall enable the Company summarily to cancel this Order by notice in writing. The Company shall not be liable to the Supplier for any resulting loss including inconsequential loss.
  • This Order may not be sub-let or assigned by the Supplier without prior consent in writing to the Company.
  • 22. All goods & materials supplied must comply with the Health & Safety at Work Act & all guide lines set out in C.O.S.H latest publication. Data sheets must be supplied where applicable.
Sub - Contract Works Terms & Conditions

For the provision of labour only or labour & materials as a Sub-Contractor to the Company the following must be adhered to as well as the conditions above:-

  • Work must be carried out to the main specification & standards & must be acceptable to our Client. Any work not deemed as acceptable through bad workmanship, wrong or defective materials must be rectified at Sub-Contractors own cost.
  • Any delays or costs incurred by the Main Contractor through fault of the Sub-Contractor will be contra charged.
  • All tools, equipment, scaffolding & transport must be provided by the Sub-Contractor for his own use unless stated otherwise in writing & will remain the responsibility of the Sub-Contractor whilst on site.
  • A 2.5% Main Contractors Discount will be deducted from all payments.
  • A 5% Retention shall be held for a 6 month period following completion of Contract.
  • No additional work or alterations to Original Contract will be accepted unless agreed on Official Order.
  • Work must be carried out within the Terms & Conditions of Main Contractor (copy available).
  • No payment will be made unless work is carried on Official Written Order & that number quoted on all invoices.
  • Any damages or errors caused by negligence or lack of due care & attention shall be charged to the Sub-Contractor who needs to ensure he has relevant insurance to that effect.
  • Any Sub-contractor not working to these & the Main contractors Terms & Conditions may have their Contract Terminated & requested to leave the workplace. Any cost incurred to the Main contractor should this situation arise will be charged to the said Sub-Contractor.

These Terms & Conditions are non-negotiable and vanquish any terms and conditions off set by Customer's order.

The Company offers to uphold the Statutory Requirements set down in the C.O.S.H Regulations concerning all Health & Safety matters.

We Reserve the right to update & amend our Terms & Conditions as necessary, to comply with all statutory requirements.

Telephone calls maybe recorded for training &/or security purposes

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