Terms and conditions.

1. You will pay us the price specified in the quotation for the works unless the quotation provides for measurement of the works in which case we will remeasure the works and the price payable and stated in our invoice will reflect that measurement. The date for payment will be 7days from the date of our application or invoice and the final date for payment will be 28 days from the date of application or invoice. You will make payment without any deduction or set off and without in particular, any deduction of retention monies or discount unless agreed by us in writing.
2. If the works continue for more than 28 days we will apply for payment on or before 28 days for the value of the works to that date and every 28 days thereafter for the value of the works in that period until the works are completed. You will pay each application for payment on the above basis.
3. If you fail to make full payment on any invoice by the final date for payment we have the right to immediately suspend further works and/or charge interest (which you will pay) on any outstanding balance at 5% over the base rate of the bank of England current at the date for payment and/or immediately terminate the works and the contract.
4. We will have the option to carry out any additional work required by you subject to agreement as to the terms thereof (which, in any event, will be based upon our terms and conditions of quotation) or to decline to carry out such work, in which case we will not be liable to you in any way whatsoever for not agreeing to carry out the additional work.
5. We will carry out and complete the works (subject to our rights to suspend and/ or terminate as provide above and below) during our normal working hours. Any work carried out, outside of these hours, will be subject to premium charges in addition to our rates and/ or day work charges.

1. If there is any delay to any agreed programme for the works, or any disruption to or delay in carrying out and/or completing the works caused or contributed to by matters outside our control, we may, at our discretion, agree a new programme with you or terminate the works and the contract and In any event you will pay to us all additional costs, losses and damages incurred thereby.
2. We will not be liable for any failure to carry out and complete the works which may result in whole or part from any circumstances beyond or outside our control.
3. You will agree any programme for the works with us at least 14 days before commencement of the works. Programmes issued by you are not deemed to be accepted by FIREWALL unless explicitly agreed in writing by ourselves.
4. We may terminate the works and the contract immediately if you go into liquidation or become bankrupt or stop or
   threaten to stop trading or have a receiver or administrive receiver appointed to the whole or any part of your
   assets or enter into a composition or arrangement with your creditors or are subject to an administration order
   or breach any of the terms of contract. You will fully indemnify us for all and any loss or damage we incur or
   suffer on such termination
5. All quotations are subject to revision for errors and omissions and orders based thereon are not binding until
   duly accepted by us.
6. If the quotation is in accordance with the specification and/or design provided and/or stipulated by you then we
   give no warranty that the specification and/or design is suitable for the intended purpose and will not be
   liable for any defect arising there from.
7. All quotations are based on the understanding that once our labour has arrived on site, we would have
   uninterrupted access to the area covered by the contract and should we cease work or leave the site before
   completion of the contract for reasons beyond our control, the resulting lost fares, travelling time and
   re-establishment charges will be added to the contract value.
8. You will provide us clean and safe access and egress to the site of the works for our labour, plant and
   materials.
9. You will provide to us free and unencumbered access to the areas of the works to enable us to carry out and
   complete the works in a methodical economical method.
10. You will fully indemnify us in respect of any loss, damage, or injury to any person or property arising from
    your breach of contract or negligence.
11. We generally require 14 days notice of a firm start date for mobilization.
12. All surfaces to be treated should be ready to receive materials and this quotation does not include any
    preparation work unless specifically stated within the quotation itself. The steelwork will be released free
    from all contamination, and the primer will be sound and compatible. Compatibility tests can be undertaken if
    requested in writing 14 days before commencement by FIREWALL, however if these are not requested we deem that
    you have checked compatibility of products and accept no responsibility for the product failure.
13. All work in progress is to be protected by the Main Contractor/Client and upon completion any damage done to our
    work by other trades or any subsequent cleaning or making goods, will be charged on a day work basis to the Main
    Contractor/Client.
14. Should masking be required, it will be provided by others without charge to us.
15. Should weather protection be required, it will be provided by others without charge to us.
16. You will be responsible for the safety of our property and personnel on site.
17. We request two copies of the drawings showing the full extent of the areas to be protected.
18. Where the price is based on areas given within Bills of Quantities. If you seek to change those quantities then
    we may amend our rates and if such amendments are notified prior to commencement we require your acceptance or
    will not be obliged to carry out and / or complete the works.
19. The whole of the work will be subject to measurement on completion. Columns and Beams as SMM7 K10 for partition
    works, K11 for fire board, paint M61 and firestopping at K11 for rigid bats and P10 for insulation works. We
    have not allowed for scribing to walls/floors or cutting around pipes, brackets and the like this is to be
    charged and measured separately. No top seal works are included. All works are to be measured in accordance with
    SMM7 rules. Any lump sum given by the company will be based upon this measurement method and any subsequent
    changes / additions to lump sum offers will be valued in the same method.
20. No deduction will be made for intersections or openings within remeasures.
21. All frame work for doors and service openings including the cutting and forming of the supports are to be
    chargeable at extra cost. Head deflection where necessary will be installed and charged accordingly.
22. Our prices which are nett are open for acceptance for 4 weeks and are fixed for a total of 3 months.
23. Our prices are excluding VAT, which will be charged at 20% unless we are notified in writing that the contract
    is zero rated.
24. Site attendance – we shall require the following attendances free of charge:

 

1.  
1. All necessary scaffolding above 3.5mtrs for access to areas requiring treatment.
2. Dry storage space for materials.
3. Supply of clean down water within 15mtrs of the working area.
4. Hoisting and unloading facilities where necessary.
5. Electrical supply of 110v within 10 meters of all work areas.
6. Statutory sanitary welfare and safety facilities for our site personnel.

1. We do not include for any taping and jointing or skim plaster in our rates (unless stated otherwise).
2. We do not include for wheel covers on scissor lifts, if required they will be charged as an extra.
3. We require the following percentage additions on current R.I.C.S. base rates for work carried out on daywork:

Labour + 190%

Materials + 25%

Plant + 35%

1. We do not include for site supervision, site accommodation, hoisting facilities, forklifts, waste removal
   including skips or labourers within our tenders unless specifically stated.
2. No terms or conditions submitted by you orally or in writing will form part of the contract unless we agree to
   them in writing
3. You will either accept the quotation in writing or by us commencing the works (including any preparatory steps
   we take in this regard) and in any event the contract incorporates the scheme for construction contracts as
   contained within the housing grants, construction and regeneration act 1996, save where varied by the specific
   terms of quotation.
4. Our rights and remedies under the contract are in addition to any conditions, warranties or other rights and
   remedies we have by implication at law or otherwise.
5. No person who is not party to the contract shall have rights under the contracts (rights of third parties) act
   1999 to enforce any of its terms.
6. The contract is governed by English law and we and you submit to the exclusive jurisdiction of the English
   courts.

 

Firewall limited terms and conditions for subcontractors

1:existence and scope of contract

• these terms and conditions with the rates determined and agreed under section 14 of this document set out all
  the rights and obligations of the parties each to the other and no other terms or conditions shall be implied
  save to the extent that such terms and conditions are implied by statute.
• Unless otherwise expressly agreed, commencement of the subcontract works shall signify acceptance of these terms
  and conditions. For the avoidance of doubt firewall limited do not intend to enter into contract on any terms
  and conditions other than those set out therein. The delivery of these T&Cs will be either via email, post
  or hand delivered but rates and costs will be agreed before projects commence with subcontractors and again
  these terms and conditions will apply on all firewall limited projects unless we specifically advise you so.
• The subcontract works are executed as part or all of work to be carried out by firewall limited for its customer
  under the principal contract.
• The subcontractor shall have reasonable opportunity to inspect and is deemed to have full knowledge of firewall
  limited obligations under the terms and conditions of the principal contract, and the subcontractor shall assume
  and perform the same in relation to the subcontract as though they were expressly written herein
• If requested by the subcontractor, firewall limited, shall provide the subcontractor free of charge with a copy
  of the principal contract other than the details of firewall limited commercially sensitive information
• In the event of a conflict between the terms and conditions of the principal contract and these terms and
  conditions the latter shall take precedence
• This contract is confidential and is for use by the SC and FW only and should not be shown to any other party as
  the information therein is confidential and commercially sensitive and is private to the two party’s

2: definitions

• FW means firewall limited
• SC means subcontractor (you and your company/services) to whom the order is addressed
• PC means the contract between firewall limited and its client
• SCS means the subcontract sum agreed between firewall limited and you for the sum detailed below.
• AFP means application for payment

3:subcontractor’s obligations

• the SC shall with due diligence and good and workmanlike manner will agree to carry out and complete the works
  in accordance with the order and subject to these TC using materials where applicable supplied by the SC or FW
  shall appropriately install these materials to the standards set within current British standards and codes of
  practice applicable to the current installation and to the satisfaction of FW and the PC.
• The contract period may be extended without additional cost to FW from the SC subject to variances on site and
  release of works from the PC and other contractors working upon the project to ourselves.
• The subcontractor is expected to work in accordance with site rules with regards to behaviour, attitude and
  working hrs. Working hrs are defined within the PC agreement but these are guideline opening times only and if
  delays are not created by your actions you have the right to work the necessary hrs to suit you. If you need to
  leave site during contract works before completion FW require at least seven days notice to review works in
  progress and agree with the PC that delay and disruption to other will not be incurred.
• The subcontractor shall comply with and give all notices required by an act of parliament any instrument, rule
  or order made under any act of parliament or any regulation or bye law of any local authority or any statutory
  undertaker which has jurisdiction with regard to the sub contract works. The subcontractor shall fully acquaint
  itself of all restrictions, local conditions, requirements and the like which will affect the execution of the
  subcontract works. No claim will be allowed due to lack of knowledge of any such matter.
• The SC shall not assign, transfer or sublet the works or any part thereof without the written consent of FW.

4:Instructions and variations

• FW may, without invalidating this subcontract, issue instructions, order additions to or emissions from or other
  change in the works which the subcontractor shall carry out forthwith. The instructions shall be either in
  writing or by verbal agreement dependant upon the urgent nature of works.
• Variations, additions or omissions shall not be made unless ordered by FW. The PC does not have the right to
  issue variations or other additional works that will incur costs without the proper execution of the PC which
  should always be via FW. Variation orders do not automatically imply that contractual cost additions will be
  paid and any works undertaken without the necessary and correct instructions will not be honoured by FW.
• Variations will be valued in accordance with the provisions detailed within the PC.
• Day works which are incurred need to be countersigned by the principal contractor and supplied to FW for our
  assessment with comprehensive details and full description of why and when the day works were incurred. FW must
  be issued a copy of this document within three working days of the day works. Day works claimed in any other
  format without full substantiation will not be honoured under the terms and conditions of this agreement.

5:Defects

• The SC shall be liable for and shall make good at his own expense any defects in the subcontract works which are
  due to a failure of the subcontractor to comply with his obligation hereunder and which are notified to the
  subcontractor.

6:Time

• On the date or dates for commencement stated below, the SC shall commence the works on site and regularly and
  diligently proceed with and complete the works within the period or periods (if any) specified in point 14. FW
  may issue from time to time directions to amend the phasing, sequencing or co-ordination of the subcontract
  works to facilitate the overall progress of the principle contract works. It is the responsibility of the SC to
  ensure it is aware of the site construction programme daily. If it becomes apparent that the SC is failing to
  maintain progress and workmanship standards and in accordance with the requirements of the construction
  programme and PC requirements, FW may engage other persons to carry out works on the project which are affected
  and may off set additional costs from the SC account including all reasonable management charges which include
  labour plant and materials.
• The subcontractor shall have allowed for limitless visits to site to complete works in accordance with the
  construction programme. If the SC considers it necessary to leave site at any time and make additional visits to
  complete the sub contract works, then it is its responsibility to ensure that any such agreements are confirmed
  in writing to FW with sufficient time for our agreement.SC works are to be continuous until completion or as per
  the PC construction programme
• The SC agrees that no claim for extended periods on site will be charged to FW and that all necessary
  tools/plant and where applicable, materials, will be supplied whenever necessary to suit the PC requirements.
  large plant such as scissor lifts etc will be supplied by FW for the SC use but if the SC fails to attend site
  without prior written agreement then these costs will be deducted from your account
• If the SC fails to complete the works or any section thereof within the period specified within this document or
  the PC construction programme or within any extended periods following amendments to the construction programme
  or that agreed between FW and the PC, the subcontractor shall pay or allow to FW a sum equivalent to any loss
  and or/expense suffered or incurred by FW and caused by the failure of the SC as aforesaid. FW shall at the
  earliest opportunity advise the SC of any sum owing to FW in relation to any matter whatsoever.
• Any claims against FW need to be recorded within one week of commencing the installation and these will be
  valued in accordance with the PC. Claims after this date will not be entertained as notification to our clients
  is necessary to enable reimbursement of legitimate cost and expense.
• The loss, damage and expense referred to in this sub section shall be recoverable by FW from the subcontractor
  by way of deduction with notice from any outstanding accounts that are due from the relevant contract or any
  others secured through FW. FW shall also be entitled to apply monies due to the SC under this agreement towards
  payment of any sum owing by the SC to FW or its other contractors in relation to any other matter whatsoever to
  avoid any nuisance or dispute that could potentially involve our supply chain or clients.

7:Price and payment

• The subcontract rates shall include the cost of labour, holidays, overtime, site restrictions on working hours,
  small tools, travel, statutory payments, taxes, overheads and profit and all other matters necessary to enable
  the SC to fulfil its obligations.
• The SC shall not engage the services of untrained and inexperienced staff and all workers should be 18 years and
  older
• Fw shall pay within 17 days of receipt of applications for payment which should be submitted on the
  9^th and or 23^rd of each calendar month. The application for payment must be clearly dated
  and include a coherent and comprehensive description and quantified measure of properly executed and completed
  works to the applicable date. Any day work claims require documentation as detailed in section 3 of this
  document. Instructions and variation directives with delivery notes are to be returned to FW with your AFP.
  Payments may be delayed if incorrect information is supplied by the SC.
• Payments will be subject to HMRC verification for taxation and CITB levy is applicable at 1.5%. we operate a
  training scheme that meets your needs to fulfil your roll should this be necessary and FW will cover training
  costs whilst subcontracting to FW
• Interim valuations or AFPs supplied by the SC will be paid on an “on account basis” and will be subject to
  change. Once works have been completed on site and a joint remeasure agreed any outstanding measurable sums will
  be honoured by FW. Day works may not be honoured or paid if the above format is not adhered to as defined within
  point 6 of this document
• FW may not deduct retention monies as we consider monthly works in progress sufficient sums to allow for poor
  workmanship to be amended. FW will advise the SC either verbally or in writing whichever is more appropriate
  that payment will be withheld due to poor standards or workmanship. We shall then wholly substantiate this for
  your information should again we deem this necessary or you request this information.
• The SC agrees that they will cooperate with FW in rectification of defective works as to avoid disruption to
  clients and wasted management costs in delayed payment
• Measurable / Area of Works; will upon completion be subject to re-measure under the same terms and conditions of
  the PC unless the cost is detailed below IS stated as a “lump sum”
• If the SC is VAT registered, then FW require proof of this registration and will add VAT at the prevailing rate
  to any payments. We will require in the first instance an AFP and following receipt of payment we require the SC
  to issue a VAT Invoice for the amount paid by FW.

8:Supervision, health and safety.

• The subcontractor shall allow for within his rates/quotation for working around other subcontractors and co
  operating fully as necessary and instructed by FW
• The sub contractor as part of its own management role shall be responsible for the proper and effective co
  ordination of the subcontract works with all the other sub contractors on site or about to commence work on the
  site.
• The subcontractor shall supply FW with a labour on site return daily or otherwise as agreed by FW. This
  information can be delivered by email or facsimile.
• The SC agrees to comply with the Health and safety at work act 1974 and undertake all duty’s set out therein and
  cooperate with others and be proactive in the promotion of health and safety whilst working on FW projects.
• The SC shall take whatever steps are necessary to comply with all relevant health and safety regulations
  including those defined within the CDM regulations 1996.
• The SC will supply al relevant PPE to enable them to undertake their works. FW will provide when requested
  necessary PPE to the SC and costs incurred in doing so will be off set against the SC payments.
• The SC shall adhere to FW method statement, risk assessment and Coshh Data sheets whilst undertaking works and
  agree not to vary from these agreed practices. Any variance from these will remove any liability from FW to the
  SC
• The SC will provide evidence of training to the PC and FW before using plant etc and no operatives should attend
  sites without being CSCS registered.
• The SC agrees to complete weekly test and inspection reports and provide these for all plant used in completing
  works to both FW and the PC.

9:Indemnity and insurance

• The subcontractor shall indemnify FW against and from any breach, non-observance or non- performance by the sub
  contractor, its servants or independent contractors which involves FW in any liability whatsoever and against
  any claim, damage, loss and expense due to or resulting from any negligence or breach of duty of the SC, its
  servants, agents or independent contractors. There will be no limit to exposure.

The SC shall without prejudice to its liability to indemnify FW as aforesaid, adequately insure against any
expense, loss, claim or proceedings whatsoever arising under any statute in force or at common law in respect of
personal injury to or death of any person whomsoever and arising out of, or in the course of, or caused by or in

• connection with carrying out the subcontract works and against any expense,liability.loss,claim or proceedings
  in respect of any injury, loss or damage whatsoever to property real or personal in so far as such injury or
  damage arises out of, or in the course of, or is caused by, or by reason of or in connection with the carrying
  out of the sub contract works and provided that the same is due to any act, omission or default of the
  subcontractor or anyone for whom the subcontractor is responsible.
• The SC shall produce for inspection on demand by FW the policies of insurance which are identified as above. Any
  SC who does not provide or hold cover then FW shall hold the main operating officer of the organisation as
  personally liable for any possible claims as described above.
• Insurance cover values for SC for employer’s liability should be £5million and public liability £1million.

10:Termination

• Without prejudice to any other rights and remedies which FW may possess, if the SC shall make default in any of
  the following respects, viz;

1. if without reasonable cause or notice it fails to commence the works on the date or dates set for commencement
   or,
2. if without reasonable cause it wholly suspends the carrying out of the subcontract works prior to completion
   thereof or,
3. it fails to proceed regularly and diligently with the subcontract works, or any part thereof, or
4. if it refuses or persistently neglects after notice either verbally or in writing from FW to remove defective
   works or materials, or
5. if it refuses or persistently neglects after notice either verbally or in writing from FW to comply with any of
   his obligations under this subcontract
6. if without 30 days notice (by email) due to payment or account issues the SC decides to remove his labour, plant
   and materials from site prior to agreement between FW and the PC. Whilst every endeavour will be used by FW to
   resolve variation and day work issues the SC agrees that it will continue with works in a diligent manner to
   avoid disruption to the works, FW and the PC.
7. if the SC becomes anti social in any way including threatening behaviour, violence or any form of aggression
   towards any persons involved with the projects and/or his under the influence of alcohol/drugs at any time. Foul
   and abusive language will also constitute determination of the Subcontract agreement.

Then if such default shall continue email notification will be given to determine the subcontract agreement after
48hrs of non- attendance and/or failing to proceed in an efficient and diligent manner. This email will determine
the employment of the subcontract under this agreement

• in the event of determination of the SCs employment FW may complete the works itself or employ others in place
  of or in addition to the SC and in any event, retain monies which may be due to the SC and apply the same
  towards the amount of the damage suffered and/or loss and expense incurred because of the said determination,
  the balance of any such damage, loss and expense being a debt recoverable by FW from the subcontractor.
• If for any reason FWs employment under the PC is determined then the employment of the SC under this subcontract
  shall automatically be determined and the SC shall be entitled to payment for work properly carried out to the
  extent that is has not already received such payment, but it shall not be entitled to recover from FW ant amount
  in respect of loss of profit on work not carried out because of such determination.
• If FW contract with the PC is determined by default of the SC, then FW will be allowed to make a loss and
  expense claim against the SC including recovery of all monies and costs levied by the PC.
• If the PC goes into administration or bankruptcy all obligations under this subcontract by FW become void.

11:Settlement of disputes

• Should any dispute or difference arise at any time between the parties under the subcontract, either party shall
  have the right to refer the dispute or difference for adjudication in accordance with the following conditions.
  For the avoidance of doubt, the following conditions are drafted to comply with section 108 of the housing
  grants, construction and regeneration act 1996 and any doubts or ambiguities shall be construed accordingly
• If any such dispute or difference arises the one party (“the applicant”) may serve upon the other (“the
  respondent”) a notice in writing (“the notice”) which shall state in sufficient detail the nature of the
  dispute, the remedy sought together with a request to refer the dispute for adjudication
• The parties within one week of the notice being served upon the respondent agree upon a suitable adjudicator.
  Failing agreement, the applicant shall, and the respondent may apply for an appointment to the academy of
  construction adjudicators (whilst at the same time serving a copy of the application on the other party) whose
  written notification of an appointment of an adjudicator shall be served on both parties and shall be binding on
  both parties.

12:Adjudication

• The adjudicator’s decision will be final and shall be honoured by both parties and settlement of adjudicated
  sums will be no paid no later than twenty-eight days of such decision. No other legal route will be allowed
  following the adjudicators decision to either party.

13:Law

• The subcontract shall be governed by English law and the subcontractor consents to the exclusive jurisdiction of
  the English courts

14:Works

• Works as agreed on site, verbally and via any communication method between the relevant parties.

 

I agree to adhere to these terms and conditions above and will accept verbal instruction with regards to dayworks to
assist the current project that I’m working upon although as a self-employed subcontractor I don’t necessarily need
to undertake these works.

By commencing works on our behalf, its is deemed that you agree to abide by this document.

 

Supplier Terms and Conditions.

Your obligation to us

1. You will provide us with the goods described within our order / email / verbal agreement at the date and time
   discussed and agreed.
2. All materials will be delivered in an appropriate manner as not to create nuisance and inconvenience to our
   clients by the use of self-off-loading vehicles.
3. Any manufactured goods supplied by you which are found to be faulty and /or not fit for purpose whether
   immediately or in the future, you agree to indemnify us against any disruption/direct loss/consequential losses
   or claims received by landlords, tenants and main contractors or the like.
4. You will be professional and honest in the event of delayed deliveries and agree to communicate with us to avoid
   any disruption to our business, and in the event of failed deliveries will agree to reimburse our reasonable
   costs.
5. Our agreed rates include delivery and off- loading anywhere within mainland Great Britain.
6. Risk of the goods will remain the suppliers until signed acceptance but this does not mitigate any inherent
   product problems that are likely to create failure and non-product performance in the future.
7. Goods returned will be redelivered within 24hrs to avoid delays.
8. All prices quoted will be net of VAT at the prevailing rate.
9. All invoices will be posted to our head office at Boughton NG22 9YU

 

What we shall do for you

1. We will seek to utalise your company as a preferred supplier of firewall and will communicate with you to
   promote sales growth
2. We shall pay all invoices in a diligent and methodical manner.
3. Any query’s will be raised ASAP to hopefully resolve and allow prompt payment as our historical trading terms.
4. You agree to match all rates (supplied by competitors) in the event of purchase of any materials not previously
   purchased from you.
5. We agree where possible to always assist your unloading of materials and will arrange for delivery’s to be
   accepted by site in our absence.
6. If we cancel delivery, we will pay all reasonable costs for fuel and drivers time.
7. Our rights and remedies under the contract are in addition to any conditions, warranties or other rights and
   remedies we have by implication at law or otherwise.
8. No person who is not party to the contract shall have rights under the contracts (rights of third parties) act
   1999 to enforce any of its terms.
9. The contract is governed by English law and we and you submit to the exclusive jurisdiction of the English
   courts.