1. Price
a. The price quoted is strictly net and is based on current costs of equipment, materials and labour.
b. The contractor shall remove any old fittings and materials (unless requested otherwise in writing on acceptance of the quotation) for which allowances have been made in the price.
c. The tender shall remain open for a period of 30 days from the date of tender.
d. The contractor reserves the right to amend the quoted price after it has been accepted by the customer to take account of any variations in the cost of equipment, materials or labour after such period of 30 days.
e. The contractor reserves the right to make an extra charge in respect of any period of time during which he is unable to proceed with the work on account of delays which have arisen through no fault of his.
f. Unless otherwise stated, the tender does not cover any work by other trades.
g. Any additional work or variations shall be charged on a time and material basis unless requested to be the subject of a separate tender.
h. Any defects or deficiency's found in an existing building or system which require to be attended to for satisfactory completion of the tender work, or to satisfy statutory requirements, and not specifically referred to in the tender shall be the responsibility of the customer. If the customer arranges for any part or the whole of such work to be carried out by the contractor it shall be charged on a time and material basis unless requested to be the subject of a separate tender.
i. The contractor shall take every care during the carrying out of the work but the tender 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 floor coverings, including carpets and lino, unless otherwise agreed the contractor shall lift and relay softwood tongue and grooved flooring as necessary. It is not always possible to avoid minor damage but the contractor will make every effort to keep this to a minimum. The contractor shall not be responsible for lifting and relaying hardwood flooring.
j. Unless otherwise stated the tender does not include the supplying and / or fitting of lamps.
k. Unless otherwise stated the tender does not include the supplying and / or fitting of aerials (TV, radio or like).
2. Drawings
a. Unless expressly otherwise stated, where drawings are submitted with this tender they shall be demonstrative only and are not prepared to show specifically the type or precise position of construction or installation.
3. Terms of Payment
a. Payment will be due on completion of the work and shall be made within 14 days of invoice issue date.
b. Any progress payments, which will become due are detailed in the tender. In addition to these the contractor has the right to call for a progress payment in event of delay to the work through no fault of his.
c. Interest at 2.50% will be charged on overdue accounts on a fourteen-day basis; it is the customers responsibility to ensure payment reaches the contractor on time.
4. Completion
a. The contractor shall take every endeavour to carry out the work within the period stipulated or if no period is stipulated, within a reasonable time but shall not be held responsible for any delay, loss or damage arising out of any cause beyond his control.
b. Because of changes in design or modifications by the manufacturers or through lack of availability, the contractor may not be able to supply the equivalent originally specified. In such an event he shall be regarded as satisfactorily completing the contract if he supplies as near thereto as possible with the agreement of the customer an alternative item and the price shall be adjusted accordingly.
5. Property in Materials
a. All materials, appliances, plant, machinery and fittments or other goods to be installed or incorporated in the work which have been delivered to the site shall remain the property of the contractor until paid for by the customer, when title to the goods will then pass. Whilst in accordance with this condition, the goods delivered to the customer remain the property of the contractor, the customer shall never the less accept all responsibility for safe custody, protection and preservation of the goods including, if required, insurance and immediately the goods coming into possession of the customer or his agents and pending payment of the full invoice, the customer shall be liable to indemnify the contractor in all respect of loss or damage of whatever nature affecting the goods.
6. Risks
a. The contractor shall be responsible for equipment, materials and labour supplied by him during the course of the work, but shall not be liable to replace equipment already installed or redo work already carried out by him which may have been destroyed, damaged or stolen in circumstances where he is not at fault.
7. General Guarantee
In place of any conditions, guarantees or warranties imposed or implied by law, the contractor will make good any defects due to bad workmanship and repair any defective materials or goods supplied provided that any defects are brought to his notice within twelve months of completion of the work. Although -
a. No liability is accepted for any loss, damage or injury direct or indirect nor for any extra work entailed due to the installation or apparatus being put into operation by the customer or at his request before it is handed over (complete with relevant certificates) for beneficial use.
b. No liability is accepted for any defect in articles not manufactured by the contractor and the conditions of taking out, repairing and replacing such articles shall be in accordance with the guarantee of the manufacturer.
c. No liability is accepted for any consequential loss, damage or injury caused directly or indirectly by any such defect.
d. No liability is accepted for any defects in an existing installation or system brought to the customers' attention by the contractor where the customer does not rely on the skill and judgement of the contractor.
e. No responsibility is accepted for any drawings or designs prepared by persons other than the contractor or any suppliers and any extra work necessary caused by defects in the drawings or designs shall be charged as an extra on a time and material basis unless requested in writing to be the subject of a separate tender.
8. Additional Guarantees
a. The contractor guarantees that all goods and materials supplied by him if ordered by description and / or specification shall correspond to that description and / or specification, with the exception of clause 4.b.
b. The contractor guarantees that all goods and materials supplied by him will be of merchantable quality and reasonably fit for the particular purpose for which they are purchased.
c. If the work undertaken by the contractor cannot be completed by reason of his insolvency, The Electrical Contractors' Association of Scotland certifies that the association will indemnify the said client for the additional cost of completion of the work undertaken by another member firm, subject to and in accordance with the terms and conditions of The Contract Completion Guarantee Scheme.