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PREMIER PITCHES LIMITED - STANDARD TERMS & CONDITIONS

1. DEFINITIONS

In these Conditions:

"Contractor" means Premier Pitches Limited;

"Client" means the person named as such in the Quotation;

"Contract Price" means the price payable by the Client to the Contractor for the Works, as varied in accordance with these conditions;

“Rates” means prices for individual items and services that make up the contract price;

"Quotation" means the Contractor's Official Quotation referring to these Conditions;

"Works" means the Works, Goods and Services as described in the Quotation.

“Goods” means the materials that are ordered by the Client or that are required to complete the Works described in the quotation.

2. CONTRACT FORMATION

Acceptance of the Contractor's Quotation by the Client constitutes a Contract for the Contractor to carry out the Works in accordance with these Conditions and all terms and conditions inconsistent with these Conditions are excluded.

3. GENERAL OBLIGATIONS

3.1             The Contractor will exercise reasonable skill and care in the performance of the Works.

3.2             The Client will give the Contractor access to its premises and make all the arrangement reasonably required by the Contractor (without charge), including access to mains water and power supply, to enable it to carry out and complete the Works without interference by the Client, by other contractors of the Client or by any third parties with access to the working location.

3.3             The Contractor will take every reasonable precaution to minimise damage to the ground whilst working with vehicles and plant machinery. The Client must accept that if there is minor damage under these circumstances that it is not the responsibility of the Contractor to finance the repairs.

4. VARIATION

4.1             If the Client wishes to vary any of the Works it will inform the Contractor who will, as soon as practicable, notify the Client of the estimated cost of the variation and the effect on the Contract period.

4.2             Unless the Client withdraws its request for a variation when it receives the Contractor's estimate, the Contract Price will be adjusted in accordance with the Contractor's estimate (or as otherwise agreed between the Client and the Contractor) and an appropriate extension of time for completion of the Works shall be agreed.

4.3             If a variation is made orally, either the Contractor or the Client will confirm it in writing within 3 working days.

4.4             The Contractor will notify the Client if it encounters any difficulties which it could not have reasonably foreseen when submitting the Quotation and in those circumstances, a fair and reasonable adjustment to the Contract Price and/or Contract period will be made.

Unforeseen encounters include (but are not exclusive to) the following:

                             a. Changing weather conditions preventing or restricting working hours

                             b. Damage to undetectable underground services if not shown on service maps provided by the Client

                             c. Any rock, running sand, bog or other harmful materials or obstructions not previously notified

                             d. Delays caused by other contractors on the clients premises

                             e. Delays caused by theft or damage to plant machinery or materials by a third party.

4.5             The Contractor reserves the right not to comply with any requests for a variation which would increase the value of the Works by more than 25% of the original Contract Price.

5. QUOTATIONS, CONTRACT PRICE & PAYMENT

5.1             All prices advertised, in the price list and on quotations are exclusive of Value Added Tax. 

5.2             The Contract Price is stated in the Quotation and it may be varied in accordance with these Conditions.

5.3             Any quotation is made at prices applicable to the quantity or type of service specified. In the event of the whole order as quoted not being placed with the Contractor, they reserve the right to revise the price in respect to the quantity or type of service actually supplied.

5.4             The Contractor reserves the right to revise the Rates stated in the Quotation consequent after 60 days of the Quotation being made or upon any increase in the costs of materials, goods, services, transport or other unforeseen contingencies.

5.5             The Rates and Contract Price are based on the assumption that the soil and site conditions are as notified to the Contractor before the date of the Quotation.

5.6             The Client shall pay the Contractor the Contract Price in accordance with the payment terms in the Quotation.

5.7             Title to Works or Goods shall not pass to the Client until payment (including any interest due) has been made for those Works or Goods in full. Furthermore, where applicable, the Contractor reserves the right to reclaim the Works or Goods where full payment has not been received within the agreed payment terms.

5.8             Late payment entitles the Contractor to interest at 3% above the prevailing Bank of England Base Rate from the due date until the date of actual payment.

5.9             Unless otherwise stated accounts are payable within 30 days of invoice date.

6. GOODS

6.1             Once any Goods have been delivered to a site as specified by the Client they become the responsibility of the Client. The Contractor is not responsible for any loss, damage or pilfering or extra expense caused by such losses after the delivery of Goods to site.

6.2             The risk in Goods and materials passes onto the Client at the point of delivery or collection (whichever is earlier) but the good shall remain the sole and absolute property of the Contractor as legal owner until the Client has paid the Invoice in full as per clause 5.7.

7. INSURANCE

7.1             The Contractor shall take out and maintain the following insurances (except as otherwise agreed or stated in the Quotation):

                   • Public Liability Insurance for £5,000,000.

                   • Employer's Liability Insurance £10,000,000.

7.2             The Contractor will provide the Client upon request during the Contract period evidence that the insurances are in place.

8. SUSPENSION OF WORK

8.1             The Contractor will be entitled to suspend work for the following eventualities:-

-                  Until payment in full is received for any interim invoices submitted in accordance with the payment terms specific to the Client.

-                  A winding up order being issued or a resolution passed against the Client.

-                  Any termination or suspension shall be made without prejudice to any payment claim the Contractor may have.

-                  The Contractor will be entitled to full payment as specified in the quotation for Works completed and materials supplied up to the date of the suspension.

9. HANDOVER & DEFECTS LIABILITY

9.1             The Contractor will give the Client notice of its intention to hand over the Works and give the Client the opportunity to inspect the Works prior to handover. The Contractor will confirm the date of handover to the Client. Any defects must be notified to the Contractor at this point. Responsibility will lie solely with the Contractor to remedy the defects within an agreed timeframe.

9.2             The Contractor will not be responsible for remedying defects in the Works that are notified after the handover, unless otherwise stated in a revised works contract. In which case, these must be promptly notified to the Contractor by the Client, who will give the Contractor full access to carry out any remedial works.

9.3             The Contractor will have no liability to the Client, in contract or in tort, for any indirect or consequential loss incurred by the Client, including but not limited to loss of use or loss of profit. The sole responsibility of the Contractor will be to remedy defects for which it is responsible and which are notified to it during the handover.

10. TERMINATION

10.1           The Contractor may give notice to terminate the Contract if the Client fails to make any payment becoming due within 30 days of the due date or commits any other material breach of the Contract.

10.2           The Client may give notice to terminate the Contract if the Contractor commits a material breach and, in the case of a breach capable of remedy, fails to take steps to remedy the breach within 30 days of being requested to do so in writing.

10.3           Either party may terminate the Contract if the other party becomes insolvent or has a receiver, manager or administrative receiver or liquidator appointed.

10.4           Termination will not affect the accrued rights and liabilities of the parties at the termination date.

11. GENERAL

11.1 Notices

All notices shall be in writing and effective when delivered to the address for service of the recipient as shown on the Quotation, or to another address of which notice has been given under this clause. Notices sent by post shall be treated as delivered 2 working days after posting.

11.2 Assignment

Neither party will assign any of its rights or obligations under the Contract without the prior written consent of the other.

11.3 Force Majeure

The Contractor shall not be liable in the event that completion of Works or delivery of Goods is prevented or delayed for any cause beyond the Contractors reasonable control of the force majeure or unavailability of supplies.

11.4 Disputes

Every dispute shall be finally determined by the courts of England.

11.5 Governing Law

The Contract shall be governed by the laws of England.

11.6 Entire Agreement

The Quotation and these Conditions constitute the only agreement between the parties and supersede any previous arrangements, agreements or understandings relating to the Works or Goods.