P.R. Structural Glazing Limited
Standard terms and conditions of sale and installation.
1.Unless otherwise agreed in writing by a Director of P.R. Structural Glazing Limited (‘’P.R.”) all work done and goods supplied by P.R. shall be on the following terms and conditions which shall supercede any prior representations, agreements, statements and understandings.
All prices quoted are exclusive of Value Added Tax, which will be charged at the standard rate prevailing at the date of supply and/or installation.
2.Our Quotation is valid for 30 days from the date of issue. We reserve the right to amend the prices and rates quoted to meet any variations due to any causes beyond our reasonable control such as legislation, Government Orders, regulations, Changes in the National Agreement covering wages and conditions in the relevant industry occurring between the date of our Quotation and the completion of the contract. We also reserve the right to review and increase our prices if delivery and/or installation is delayed through no fault of P.R.
3.All mock-ups, samples, literature, drawings and performance data submitted by P.R. do not form part of the contract unless expressly agreed by P.R. in writing.
4.Our Quotation (and any site survey we may have carried out) is based upon the information and drawings supplied to us. Whilst we guarantee the work done and goods supplied against defects in materials and workmanship for a period of twelve months from the date of supply this guarantee is conditional on the goods being properly commissioned, used, serviced and maintained. P.R. accepts no liability whatsoever for any loss of profit or consequential or indirect loss howsoever arising.
5.P.R. does not accept any liability for delays arising from causes beyond its reasonable control.
Any liability for liquidated damages shall not exceed 1 (one) % of the P.R. contract value (or relevant part thereof) per week of such delay subject to a maximum of 10 (ten) % of the P.R. contract value (or relevant part thereof).
Where the execution of the contract by P.R. has been materially affected by any act, omission or default by you or anyone for whom you are responsible such as your subcontractor(s) P.R. reserves the right to recover any loss or expense suffered or incurred thereby.
6.To the extent permitted by law the maximum liability of P.R. for all losses, claims, damages, indemnities and expenses howsoever arising shall not exceed the P.R. contract price.
7.Unless otherwise stated all goods supplied by P.R. are sold ex works. Where we agree to deliver goods to site you will be responsible for the costs of packing, loading and delivery, prompt unloading and for the stacking, storage, site distribution and hoisting of the goods at no cost to P.R. Any short deliveries or damage in transit must be reported to the carriers forthwith and confirmed to P.R. in writing within 48 hours of the delivery. All goods on site whether fixed or unfixed shall be at your sole risk and in the event of damage, destruction or theft we shall be entitled to full payment therefore together with the cost of replacing any such goods and/or reinstating or restoring any work damaged, destroyed or lost.
8. 50 (Fifty) % of the contract price plus Vat shall be paid to P.R. upon P.R. ’s written acceptance of the contract prior to the commencement of any work (whether on or off site) and other than in cases where the work on site takes more than four weeks the balance shall be paid to P.R. within 7 days of completion of the work on site.
Where the work on site takes more than four weeks, P.R. will submit monthly invoices for the balance based on evaluations of the work carried out and materials on site, which shall be paid within 7 days of such submission.
Discounts and/or retentions shall not be deducted and P.R. reserves the right to charge interest on late payments in accordance with The Late Payment of Commercial Debts (Interest) Act 1998.
9.You will arrange at your own expense for the supply and erection of all necessary ladders, scaffolding, hoists, lifting tackle, cranes, tarpaulins, protective sheeting and any other facilities (including a suitable electrical supply) P.R. may reasonably require to enable its employees to carry out any work on site.
10.Unless otherwise clearly stated, our Quotation does not include for the preparation and weathering of openings, kerbs, provision and installation of supporting steelwork, electrical wiring, general builders work, clearing away and any other general work.
11.Our price for any installation work is based on the assumption that the work can be carried out in one continuous visit to site during normal working hours without interruption and does not include any allowance for weekend or out of hours working, all of which (if required) will be chargeable as an extra.
12.It is your responsibility to make any and all arrangements to ensure that the use and performance of the goods and installation are in full compliance with all relevant legislation, regulations and standards including the obtaining of all necessary licences, permits or other consents which may be required.
13.The maximum liability of P.R. for death or injury to persons or damage to property arising out of the installation of goods caused by its negligence or defective workmanship or that of its servants or agents shall be limited to £2,000,000 (Two million pounds) in aggregate.
You shall indemnify P.R. against any liability, loss, claim or proceedings arising out of the supply or installation of the goods from any other cause. You warrant that all equipment, facilities and materials supplied or made available for use by P & R are suitable for the purpose required safe to use and conform with all legislation, regulations and standards particularly those relating to Health and Safety at Work.
14.No liability will be accepted for goods or installation works which have been altered, modified or interfered with by third parties without our prior written approval and P.R. reserves the right to recover all and any costs incurred thereby.
15.P.R. reserves the right to levy an additional charge should the information supplied by you
on which its Quotation was based be discovered to be incorrect and/or incomplete.
Where the scope nature extent and/or programme of the works to be undertaken and/or supplied by P.R. has been changed from what was originally agreed by P.R. then P.R. shall be entitled to review the contract and revise the terms on which it is prepared to proceed, if at all. Should P.R. decline to proceed with such amended scope nature extent and/or programme then P.R. shall be paid in full for all work done and/or goods supplied at the contract price or (if greater) such price as shall be fair and reasonable and P.R. shall have no further liability thereafter.
16. P.R. shall be entitled to sub-contract all or any part of the contract at its sole discretion.
17. Should you:
(a) Fail to make any payment when due or,
(b) Become insolvent, go into administration, cease or threaten to cease trading, go into liquidation or have a Receiver appointed over any part of your business or assets;
then PR reserves the right :
(i) to treat all sums due or to become due from you to P.R. as immediately payable; and
(ii) to cancel or suspend delivery of goods and materials; and
(iii) to cancel or suspend the execution of any work; and
(iv) to cancel any contract with you; and
(v) to enter onto site and remove any of our property and any goods or materials for which P.R. has not been paid in full.
18. Goods and materials supplied by P.R. shall remain its property until paid for in full and P.R. shall be entitled to remove such goods and materials at any time prior to receipt of such payment in full.
P.R. retains full ownership of all intellectual property used supplied and/or created in quoting for and/or executing the works including without prejudice to the generality of the foregoing copyright in its drawings, designs and schemes and reserves all its rights accordingly.
Subject to P.R. receiving payment in full for the goods supplied and installation work done you will be granted a non-exclusive licence to use such intellectual property for the purpose of the contract.
19. P.R. shall not be liable for any delay loss or damage of whatsoever nature due to or arising through any cause beyond P.R.’s reasonable control including but not limited to any strike or other industrial action or adverse weather conditions.
20. This contract shall be construed and governed in all respects in accordance with English Law and the English Courts shall have exclusive jurisdiction.