Gibson Groundworks is a trading name of “J F Gibson & Son” Hereinafter referred to as “The Contractor”
You “The Client” – the party named overleaf, not limited to only in name, but both company and / or individual at that address who requests the work.
CONDITIONS OF INSTRUCTION AND WORKS:
You (The Client) warrants that the site is free from springs, flooding, rock, tree stumps not specified to be removed, mine workings, covered wells or other cavities, running sand, service pipes and cables, sewage or land drains, foundations of former buildings or other hazards or obstructions which are not discoverable upon visual inspection of the surface of the site, or made known in writing by the Client to the Contractor prior to the date upon which the Contractor submits the quotation or invoice overleaf. If you, the Client, breaches the above warranty the Contractor shall be entitled to make a reasonable charge for all additional work necessarily and properly executed by the Contractor as a result and the Contractor is in no way liable for extra cost of working or time to rectify, repair, mend or make good any of the above warrants which you the client have breached. Adequate access to the site must be made available by the Client to the Contractor to enable the work to be carried out in a regular and economic manner, or waiting times will apply. The Contractor undertakes to use all reasonable endeavours to complete the works within a reasonable time. the Contractor shall incur no liability however for any delays or non-performance arising from force majeure, adverse weather conditions, strikes, lock-outs, war or other hostilities or any active event beyond his reasonable control in whole or in part.
The Contractor shall carry out and complete the work described in the quote in a good and workmanlike manner. He shall have no obligation to execute any further work unless otherwise agreed in writing between the parties. If there shall be any discrepancy between any specification and drawing, the description contained in the specification shall prevail over the drawing. The client is responsible for obtaining any necessary planning permission for the works and for fulfilling statutory requirements. These Conditions shall be deemed to be incorporated into any contract between the Client and the Contractor, and shall take precedence over any other terms and conditions (unless identified and agreed in writing by the Client/Contractor, and any deletion, substitution or amendment to these terms shall not take place unless agreed in writing by the Contractor/Client. If there is any inconsistency between the drawings and/or plans and any description of the works in the Specification, the latter shall prevail. The Contractor shall carry out and complete the works described in the Specification.
If any inconsistency comes to light after the Commencement Date the Contractor shall be entitled to be paid a reasonable sum for any extra work or cost thereby incurred. The Client shall obtain all permissions, give all notices and pay all fees required under any Act of Parliament or any regulation or byelaw of any local authority or statutory undertaker having any jurisdiction with regard to the Works and the Client shall indemnify the Contractor against any claim, proceedings, loss or expense resulting from the Client’s breach of this clause in whole or in part.
CONDITIONS OF SALE
The Contractor’s policy is one of continuous improvement and it reserves the right to make alterations to these terms without prior notice.
Prices exclude VAT. All extra accessories not ordered with any job or machine are subject to further carriage charges unless supplied by the Contractor’s transport on initial deliveries.
All delivery dates agreed are approximate only, and the Contractor shall not be liable for any delay nor losses due to delays.
The Contractor reserves the right to charge / invoice in one or more instalments and to invoice each instalment separately if it so wishes.
The Contractor reserves the right to make any changes in the machine supplied or requested, which conform with any applicable safety or other statutory requirements which do not materially affect the work being done.
Notification of damage or any claim against the Contractor must made within 7 days of the event in writing, addressed to the Contractor and sent by recorded mail. A claim will not be accepted if it is beyond this time frame. In the event of late payment the Contractor reserves the right to charge to the customer:
• All costs and expenses incurred in seeking to recover any overdue amount
• Interest at the rate of 8% over the base rate of Lloyds Bank plc from time to time, such interest to accrue on a daily basis from the due date until payment (whether before or after judgement)
• Retain money owed to the Contractor by a customer from any refunds, purchases or by the retaking of goods back and pay the balance owed less all costs and debts
Goods / materials supplied by the Contractor shall be at the Purchaser’s risk immediately on delivery to the Purchaser, or to a third party receiving the goods on the Purchaser’s behalf (whichever is the sooner) and the Purchaser should therefore be insured accordingly.
The legal and beneficial ownership of goods or services supplied to the Purchaser by the Contractor shall remain with the Contractor until all amounts owing to the Contractor from the Purchaser have been paid in full. Pending such payment, the Purchaser shall hold all goods and services as bailee for the Contractor and shall keep them separate from other goods belonging to the Purchaser or any third party and separately identifiable against unpaid invoices of the Contractor.
The Contractor may at any time prior to payment in full being made require the Purchaser to deliver up all such goods to the Contractor, failing which the Contractor sha II be entitled forthwith to enter upon any premises of the Purchaser or any third party where the goods are stored and retake possession of the goods.Save for the death or personal injury caused by the Contractor’s negligence, the Contractor shall not be liable to the Purchaser for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or any claims for consequential compensation whatsoever, arising out of or in connection with the supply of goods or services to the Purchaser.
The Contractor shall not be liable to the Purchaser for any delay or failure on its part, which is due to any cause beyond the Contractor’s reasonable control (which shall include industrial action or trade disputes involving the Contractor’s employees).
These Conditions shall be construed and take effect in accordance with the laws of England.
Your ongoing business or instructions is deemed acceptance of these terms and conditions.