Definitions and interpretation
a. The following terms shall have the following meanings for the purposes of the agreement:
b. Services means those specified in the Contractor s Quotation or other documentation, subject to amendment.
c. Contractor means Arch Utility Services (SW) Ltd whose address is given in the quotation.
d. Employer means the person, firm or Company to whom the quotation is addressed or for whom the work is being carried out.
e. Engineer means the person agreed by the Contractor and Employer or, failing agreement, nominated by the Contractor.
f. Acceptance of the Contractors Quotation, either by Employer’s Official Order or letter or email or phone call of Intent is deemed as acceptance of these Terms and Conditions.
g. It is a condition of acceptance of the Quotation by the Employer that no terms and conditions contained or implied with the official order or letter or email of intent or phone calls in any way supersede any of Arch Utility Services (SW) Ltd terms and conditions unless prior written agreement has been given by Arch Utility Services (SW) Ltd.
Appointment and Employers Obligations
a. The Employer appoints the Contractor to undertake the Services in return for the payments.
b. In consideration of the services to be rendered by the Contractor under this agreement the Employer agrees to make the Payments promptly without demand deduction or set-off.
Access
a. Unless stated otherwise in the quotation it is assumed that vehicular access is possible to all manholes on every drainage length on which work is being undertaken. Should this not be possible the Employer is liable to any extra costs that may be incurred due to lack of access.
b. If access is required onto private land, it will be the responsibility of the Employer to ensure that all relevant permissions have been obtained.
c. Please note that should we be required to enter any confined spaces as defined by the Health and Safety at Work Act or any manhole deeper that 1.4 metres, we reserve the right to alter our quotation to include for the required additional safety equipment. We will of course inform the Employer of this prior to carrying out such work.
d. The Employer shall make available to the Contractor the whole of the site of the proposed works at the commencement on site unless otherwise agreed in writing.
Working Time
a. The works unless otherwise notified have been priced to be carried out between the hours of 08.00 hrs until 16.00 hrs during weekdays and non-bank holidays, unless agreed prior to commencement and allowed for and agreed within our quotation.
b. Any working time lost on site due to delays caused either by any actions or inactions of the Employer, his representatives, contractors or by drainage infrastructure surcharge caused by storm, flood, tidal or pump failure (unless otherwise specified in the quotation) will be charged to the Employer by Arch Utility Services (SW) Ltd in accordance with these terms and conditions.
c. Should delays occur for which Arch Utility (SW) Ltd are not responsible we reserve the right to charge for lost time owing to the additional setting up or out of sequence working.
Drainage Cleaning
a. Removal of silt/debris that is in excess of 10% (or specifically quoted quantity) or requires additional equipment for the removal of the fat deposits, grout, encrustation, concrete, builder’s rubble, or roots will be charged additionally unless stated otherwise within our quotation. Unless specified I the quotation the cleaning for non-contaminated waste.
CCTV Inspection Works
a. Where Arch Utility (SW) Ltd carries out CCTV survey or investigation works, any interpretation/advice implied or given is the responsibility of the Employer. Advice or details provided within the report are based on information available at the time. No liability is accepted by Arch Utility (SW) Ltd if on further inspection conditions or circumstances differ from that reported.
b. Due to the nature of CCTV inspection, the Contractor cannot guarantee the accuracy of any CCTV inspection or measurement. A CCTV survey will only show the interior of the drainage asset or pipe and will not show the exterior.
c. Alternatively, Sonar may be used to track the route of a pipe, however Sonar by its nature may be up to 1 meter out in accuracy.
d. Any interpretation and advice as a result of CCTV inspection shall not be binding on the Contractor and is the sole responsibility of the Employer.
e. In the event that the measurements or advice given is inaccurate, the Contractor shall not be responsible for any loss or damage howsoever caused.
Drainage Condition
a. Where for the purposes of this quotation information is provided or implied either verbally, in writing or through CCTV recordings etc. concerning the condition of the drainages and this is found to be inaccurate or out of date, Arch Utility Services (SW) Ltd reserve the right to review their quotation or charge the costs involved for any additional work that may be necessary to complete the work in a satisfactory manner.
b. Arch Utility Services (SW) Ltd do not accept liability for any deterioration structural or otherwise that develops (howsoever it may be caused) or becomes apparent within any pipe that they are working on.
Waste Disposal
a. Unless specified otherwise costs do not include for the removal of any waste or debris from site.
b. If disposal were found to be necessary additional costs would be incurred for the transportation of waste to a registered site, the cost of the waste disposal and additional administration costs. We will of course inform you of your need for waste disposal before undertaking such works.
Excavation
a. The Contractor must rely upon Utility Company records as to the location of underground services.
before undertaking any excavation work. The Employer is placed on notice that the accuracy of the utility company records may be suspect; however, the Contractor must rely upon them.b. In the event that the utility company records are inaccurate, and damage is caused to an underground service, the Employer will fully indemnify the Contractor fully in respect of any claim which may arise from such damage.
c. The Contractor may rely upon utility service scanning of the area before undertaking excavation. A scan will not identify an obstruction such as, but not limited to, concrete, rock or other such obstructions. Likewise, a scan will not show whether a pipe is encased in concrete. In the event that the Contractor discovers such an obstruction the Employer shall be liable for any additional costs incurred.
d. In the event that a pipe being excavated is encased in concrete, further damage may be caused to pipework connected to the section being excavated, such damage is unavoidable. The Employer will be liable for the additional costs incurred in repairing any pipework so damaged.
Vacuum Excavation
a. The client will indemnify Arch Utility Services (SW) Ltd and its associated companies and officers against all claims, liabilities and any associated costs for utility, service or infrastructure damage that is not specially included within a quotation.
b. While working on underground asset we are unable to verify exact location of services, utilities and infrastructure and repair or replacement to these assets is specifically excluded from our scope of works unless specifically detailed within our quotation.
Services and infrastructure
a. The client will indemnify Arch Utility Services (SW) Ltd and its associated companies and officers against all claims, liabilities and any associated costs for utility, service or infrastructure damage that is not specially included within a quotation.
b. While working on underground asset we are unable to verify exact location of services, utilities and infrastructure and repair or replacement to these assets is specifically excluded from our scope of works unless specifically detailed within our quotation.
Services and infrastructure
a. The client will indemnify Arch Utility Services (SW) Ltd and its associated companies and officers against all claims, liabilities and any associated costs for utility, service or infrastructure damage that is not specially included within a quotation.
b. While working on underground asset we are unable to verify exact location of services, utilities and infrastructure and repair or replacement to these assets is specifically excluded from our scope of works unless specifically detailed within our quotation.
Water Charges
a. Where the client is unable to provide a water source at site Arch Utility Services (SW) Ltd reserves the right to charge the client a fixed fee for the provision of water as follows; a daily fee of £56 for a 2” Standpipe and a daily fee of £18 for a 1.25” Standpipe.
Damage or Loss
a. If damage or loss is sustained to our equipment due to reasons beyond our control or the condition of the pipe work etc., we reserve the right to charge for replacement of the items and/or lost time etc, whilst the items are replaced or recovered.
Cancellation
a. Shift cancelation will be charged at full rate unless we are informed 24 hours prior to attendance.
b. Shift cancellations are only excepted during normal office hours Mon – Fri 7.30am to 4.30pm.
Terms of Payment
a. Strictly 30 days from date of invoice.
b. In the event that the Employer disputes the work undertaken by the Contractor, all disputes must be notified to the Contractor within 7 days of the work being carried, or within 7 days of the invoice, whichever is the later. The Employer shall be prohibited from disputing the work undertaken or the amount of the invoice after this 7-day period.
c. Retentions may not be deducted unless specifically agreed in writing before commencement of works.
d. The prices quoted are exclusive of VAT, which will generally be charged at the standard rate.
e. Liquidated and ascertained damages will not be charged unless specifically agreed in writing.
f. Where the works/services extend over more than one invoice period, each invoice raised shall be deemed to be a separate contract and the client shall pay in full the amount payable under the invoice raised, notwithstanding any rights which the client may claim in respect of any other services under any other contract between parties.