9th November 2020 lcrewe

Terms and Conditions

STANDARD TERMS OF TENDER

The following terms and conditions shall be deemed to apply to the Matrix BES Ltd. (“The Tenderer”) offer for these works and/or services except where deleted below or subsequently agreed in writing between The Tenderer and the client, contractor or authority whichsoever shall be applicable. These terms shall be read in conjunction with and become part of tender and/or appropriate covering letter, and any subsequent order conditions or subcontract.

Quotation

  • The Tenderer’s quotation is subject to the following conditions and forms part of this offer which must be incorporated in any order or contract.
  • It is the client’s responsibility to provide clear unambiguous information in writing and /or preferably on a drawing describing the work to be carried out.
  • The quotation will be The Tenderer’s interpretation of the client’s requirements and may not include all the work that the client wishes to have undertaken. Items of work not described in the quotation may not be included in the quotation cost.
  • If the client wishes The Tenderer to carry out extra work where a price has not been agreed, or is of a provisional nature, then The Tenderer shall charge according to time taken at agreed hourly rate plus a charge for materials and plant used.

Acceptance

  • The tender will remain open for a period of 30 days from the date of tender as noted in the tender cover letter. In the event this period is exceeded The Tenderer may require the reconsideration of prices prevailing for the acquisition of all labour, plant and equipment, and relevant materials (plant being defined as any apparatus or machinery which is to be incorporated as part of the works).
  • If after seven days of placing an order the client cancels the contract or any significant portion of the work ordered, then the client shall be liable to pay The Tenderer all direct costs plus a charge for disruption and loss of earnings.

Price

  • The tender price excludes Value Added Tax at rates prevailing from time to time at relevant tax points as laid down. All payments made shall include the addition of Value Added Tax.
  • Unless specifically stated within the tender cover letter, the costs for any Statutory Authority infrastructure or connection charges are excluded. If any works are included within our tender from any Statutory Authority the Tenderer reserves the right to claim extension of time and/or loss & expense due to any delay that they may cause.
  • The tender excludes all premiums, fees, costs, or any charges whatsoever in respect of the provision of a performance bond, parent company guarantee or other surety.
  • The Tender specifically excludes any building work or builders works associated with the installation, relevant cutting or drilling of holes, making good or any works whatsoever associated with any building fabric or any external works, including the decoration of any Services.
  • The Tenderer reserves the right to ask and receive a deposit before commencing any work.
  • The Tenderer will, at regular intervals during the contract, prepare a valuation and request interim payments from the client until work is complete. These valuations will be based on an assessment of the total job value completed or part completed and will include the cost of any unfixed materials. The client shall pay these valuations within 10 days of receipt. If the client disagrees with The Tenderer’s valuation account then the client should pay the proportion, which is acceptable, giving valid reasons for the shortfall (preferably in writing). Deduction to The Tenderer’s account may only be made if accompanied by a valid reason.  The client’s payment will signify that the client has inspected the work and is happy that the work so far carried out is to the client’s approval.

Hours of Work

  • The tender is based on all works being undertaken within normal working hours as defined by the HVCA and in any event shall be within the period 0.800 hours to 17.00 hours Mondays to Fridays inclusive. Normal national holidays and relevant trade shutdowns are observed in the planning of the works. The prices herein are based on The Tenderer being able to undertake the works unhindered in one continuous visit.
  • In the event liquidated and ascertained damages become applicable the total of all these and any other charges whatsoever made against any interim or final payment shall not exceed 10% of the original tender sum.

Programme

  • The programme of works shall be the subject of reasonable agreement. Allowances shall be made for lead-in, drawing, manufacture, importation or other times which shall be considered as additional time requirements to the planned work times.
  • Should the size of the project dictate, The Tenderer shall be allowed access to the works in advance of the programmed start date in order to deliver materials or plant for the execution of the works. During the course of the contract the Tenderer shall be afforded free and uninterrupted access to the works. Any restriction to access which impedes the works or increases their cost will be treated as a variation and be valued accordingly.
  • If, for any reason beyond our control, the Tenderer is unable to carry out the installation in accordance with the programme agreed before commencing work the contract period shall be increased accordingly and any additional cost shall be added to the contract price.
  • The Tenderer reserves the right to conduct its own enquiries in respect of creditworthiness or the client and/or contractor prior to acceptance of any order or at any time thereafter. In the event enquiries are found to be unacceptable or likely to be detrimental to the regular payment cycles of the tender works or any amendment thereto The Tenderer reserves the right to withdraw the offer or to seek alternative financial sureties from the client or contractor.
  • Unless otherwise stated, the quotation does not include the cost of provision by The Tenderer of adequate shelter and protection, sanitary convenience or mess room facilities required under the Health & Safety at Work etc, Act 1974.  Where the client cannot make these facilities available, he shall notify The Tenderer accordingly and The Tenderer may amend the price stated in the quotation to take into account the cost of providing such facilities.

Variations/Additional Works and/or Services

  • The Employer may authorise any additional work or variation to the installation.
  • Charges for additional works and/or services (save for emergency call outs) will be made on a time and materials or daywork basis. All base costs shall be derived from prices or costs prevailing at the time of performance of the relevant work.

Reservation of Title

  • In all cases ownership of any plant and materials comprised in the works and/or services shall not pass to the Client until the Tenderer has received in full (in cash or cleared funds) all sums due to it in respect of:
    • the said works and/or services; and
    • any additional works and/or services not included in the tender.
  • All goods provided under instruction, either verbal or written, remain the property of The Tenderer until paid for in full.
  • The Tenderer reserves the right to charge interest and penalties in accordance with the Late Payments of Commercial Debt Act 1998, should any debt not be settled within the agreed payment terms. Our maximum payment terms are strictly 30 days unless otherwise stated.

CDM Regulations

  • If no Health & Safety Plan has been prepared in accordance with the 2015 Construction (Design & Management) Regulations, this tender will not include any allowance for the cost, management implications, provision of information, or time effects which may result from any plan subsequently required.