Terms and Conditions

This contract shall be considered a contract made in England, governed by English law, and subject to the jurisdiction of English courts.
Conditions
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Terms and Conditions – Asbestos Removal

  1. Definitions

  • “The Company” refers to Asbestos Go Limited.
  • “The Customer” is the individual or entity addressed in the quotation.
  • “The Quotation” signifies the offer provided by the Company to the Customer as per Clause 3.
  • “The Quotation Price” is the estimated total price specified in the quotation.
  • “The Order” is the formal request made by the Customer to the Company following Clause 4.
  • “The Contract” is the legally binding agreement between the Company and the Customer upon the Company’s acceptance of the order according to Clause 5.
  • “The Contract Price” is the agreed-upon price for the contract upon order acceptance.
  • “The Completion Date” is the date by which the Company will fulfil the contract, subject to Clause 7.
  • “These Conditions” refers to the terms and conditions described below.

  1. Application of These Conditions

These Conditions constitute the terms and conditions of the quotation unless explicitly modified by written agreement from the Company. If the Customer submits an order following Clause 4 and it is accepted by the Company, these conditions shall become the terms and conditions of the contract, unless otherwise specified in accordance with these conditions.

  1. The Quotation

The Quotation remains valid for the duration specified therein, or if no duration is mentioned, for a period of thirty days from its date of issuance, subject to the provisions in this clause.

The Quotation serves as an invitation for the Customer to place an order based on the terms and conditions outlined in the Quotation; it does not constitute an offer.

The Company reserves the right to modify or withdraw the Quotation, in whole or in part, at any time until the order arising from it is accepted in writing by the Company as per Clause 5.

  1. The Order

The Customer must submit the order to the Company in writing. While the Company may commence work based on a letter or fax of intent from the Customer, the Customer must provide written confirmation of such verbal instructions marked as “Confirmation” to the Company within a reasonable timeframe. If such a letter or fax of intent, or any other written instruction from the Customer, constitutes an order within the meaning of these conditions, the Company may accept it in accordance with Clause 5.

  1. Acceptance by the Company

The order is subject to acceptance by the Company, and a contract will only come into existence once the Company issues written acceptance of the order to the Customer.

Any conditions or stipulations attached to the order, which are additional to or inconsistent with these conditions, will only be valid if expressly agreed upon by the Company in writing. In the absence of such agreement, the Customer is considered to have withdrawn or waived such additional or inconsistent conditions or stipulations, and the contract will be governed by these conditions.

  1. Information to be provided by the Customer

The order must include sufficient information to enable the Company to proceed with the contract promptly. Failure to do so may result in:

(A) Adjustment of the quotation price to account for any consequent increase in costs. (B) Modification of the completion date.

The Customer is responsible for supplying accurate and necessary information.

In the event that the Customer supplies a survey with the order, the Company disclaims liability for the survey’s accuracy. If the survey is found to be inaccurate, the Customer accepts liability for any increased costs and potential delays in contract performance, including consequential losses incurred by the Company.

  1. The Completion Date

While the completion date is provided in good faith, time is not considered essential to the contract. The Customer agrees that the Company bears no responsibility for direct or indirect loss or damage resulting from delays in contract performance or completion due to various causes, including but not limited to:

(A) Raw material scarcity or delays. (B) Strikes, lockouts, or labour disputes. (C) Damage by fire, breakdown of machinery, or premises. (D) Electrical power interruptions. (E) Transit delays. (F) Subcontractor default or breach. (G) War or war-related conditions. (H) Causes beyond the Company’s control.

In the event of such delays, the completion date will be postponed for a reasonable period. The completion date is subject to the Customer’s strict compliance with the terms of Clause 6 and 11.

  1. Technical Information

All specifications, method statements, designs, illustrations, drawings, technical, and other information provided with the quotation or generated during contract performance remain the Company’s property. The Customer is not permitted to reproduce or disclose this information without prior written consent from the Company.

The technical information provided in the quotation is not binding, and no warranty is implied that the goods or services will exactly match the specification. If necessary, modifications or substitutions may be made, with corresponding adjustments to the contract price.

  1. Provisional and Prime Cost Sums

When the quotation explicitly includes provisional or prime cost sums to cover additional work, materials, or services, these sums will be used only as directed by the Customer. The Company’s charges for such additional work or supplies include overhead expenses and profit.

  1. Work and Fees not covered in Quotation

The quotation covers only the terms specified and excludes:

(A) Site work, including necessary access and hard standing for Company machinery. (B) Costs related to scaffolding, equipment, or facilities required for site work. (C) Fees mandated by legislation, by-laws, or regulatory authorities. (D) Government-imposed duties, tariffs, or taxes. (E) Supply of utilities (e.g., fuel, water, power) for site work. (F) Unforeseeable costs or professional fees.

  1. Facilities for Work

For contracts involving on-site work, the Customer shall:

(A) Provide, at no cost, all necessary facilities like scaffolding, utilities, and storage space. (B) Ensure inspection of scaffolding as per statutory regulations.

The Customer will reimburse the Company for any costs incurred due to the Customer’s failure or delay in providing such facilities.

  1. Variation of Quotation Price

Any variations in the quotation price resulting from alterations by the Customer to specifications or design, manufacturing changes, or delivery of goods or services included in the quotation shall be agreed upon between the Customer and the Company no later than upon order acceptance. Failing this agreement, the cost of such variations will be charged based on time and materials or unit rates specified in the quotation, at the Company’s discretion, and the contract price will be adjusted accordingly.

Any variation in the original quoted price due to inaccuracies in any survey, as outlined in Clause 6 above, will be calculated based on time and materials or unit rates specified in the original quotation, at the Company’s discretion.

  1. Variation of Contract Price

The contract price is based on the prices of materials, labour, plant, and transport effective at the quotation’s date. It is subject to variation as follows:

(A) The Company endeavours to adhere to the material, plant, and transport prices specified in the quotation or the contract. However, any differences between the prices at the quotation date and the purchase or delivery date by the Company will be adjusted in the contract price.

(B) Items quoted ex-stock are subject to availability on the order acceptance date.

(C) Changes in labour costs arising from wage rate modifications or working condition alterations between the quotation date and contract performance will result in an adjustment to the contract price.

(D) Work conducted outside the Company’s regular working hours, as specified in the Quotation, at the Customer’s request or approval, will be billed at the Company’s overtime rates, affecting the contract price accordingly.

  1. Cancellation of an Order by the Customer

The Customer may cancel the order by providing written notice of cancellation to the Company before the Company accepts the order in accordance with Clause 5 or commences work based on a letter or fax of intent. After this point, no cancellations will be effective unless accepted in writing by the Company. Notably, no cancellation will be accepted for orders involving goods or services tailored to the Customer’s specific requirements, or if design, manufacturing, or procurement by the Company is in progress or complete.

  1. Insolvency

If the Customer defaults under Clause 16 or experiences insolvency-related events, including bankruptcy or liquidation, the Company may, at its discretion, withdraw from its obligations under the contract. This action will not prejudice the Company’s claims for losses or damages resulting from non-completion of the contract, work already performed, or materials or services provided under the contract.

  1. Settlement Terms

(A) Payment terms are within 30 days of the invoice date unless otherwise specified in the quotation.

(B) Invoices are net, and no discounts are offered unless explicitly mentioned in the quotation.

(C) Payments should be made in pounds sterling through direct debit, standing order, cash, check, or postal order to the Company’s registered office at the address provided. Postal payments are at the Customer’s risk.

(D) The Company may offset any amount due to the Customer against any sum payable to the Company under this contract or any other contract between the parties.

(E) The Company may invoke the terms of Clause 15 if any amount due by the Customer to the Company is not paid when due. Time is essential in this Clause.

  1. Vesting of Materials

Unless otherwise agreed, legal ownership of materials delivered under the contract, including any equipment, plant, machinery, or other goods, will not transfer to the Customer until full payment has been received by the Company under Clause 16. The Company reserves the right to recover, resell, or enter premises to retrieve such materials before ownership transfer. The Customer is responsible for insuring these materials against risks.

  1. Liabilities

Unless stated otherwise in these conditions, the Company shall not be liable for any loss or damage arising from the Company’s actions, defaults, or failure to fulfil the contract or the acts or defaults of its employees, agents, or subcontractors.

  1. Arbitration

Any disputes or questions between the Company and the Customer regarding the contract, rights, or liabilities shall be resolved through arbitration as per the Arbitration Act, with an arbitrator agreed upon by both parties or appointed by the Institute of Mechanical Engineers’ president in case of disagreement.

  1. English Law

This contract shall be considered a contract made in England, governed by English law, and subject to the jurisdiction of English courts.

 

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