Standard Conditions of Order
1. These conditions are hereby incorprated into and form part of the Contract between the Supplier (to whom this order is addressed) and the Company (Vertase F.L.I. Ltd) and shall prevail over any inconsistent terms and conditions contained in or referred to in the supplier's qutation, the supplier's acceptance of this order or contained in any other correspondence between the parties hereto; and insofar as these Standard Conditions are expressly amended on the face of this order and such amendment is initialed by the parties hereto.
2.The materials or goods shall be to the reasonable satisfaction of the Company and/or Architect, Engineer or Employer.
3. (a) The Supplier shall make good by replacement or otherwise at the Company's discretion any defective materials, goods or equipment supplier. The Supplier shall also pay to the Company any loss or damage it may suffer as a result of the supply of such defective materials, goods or equipment and the necessary replacement thereof.
(b) The Supplier shall be liable to the Company for and/or will indemnify it against all loss and damage whatsoever caused to or sustained by the Company (including loss of profit by the Company) and including any liability incurred under any contract between the Company and any other person by reason of any breach by the Supplier of any term, condition or warranty of this contract and whether express or implied.
(c) i. Property in the Goods shall pass to the Company as soon as they are in a deliverable state and have been appropriated to the Contract with the assent of the Company. Such assent shall be deemed to have been given as soon as the goods have been appropriated to the Contract.
ii. Risk in the Goods shall pass to the Company only when they have been delivered to the destination stated in this order.
(d) Acceptance of delivery of the materials, goods or equipment by the Company will not absolve the Supplier from any liability which may arise if such materials, goods or equipment are subsequently found to be defective whether or not such defective materials, goods or equipment have been incorporated into the works.
4. The delivery of the materials or goods supplied shall be commenced and completed at such times and on such dates as given on the attached order. The delivery times or dates may be altered or amended by the company if it so desires, provided that such alterations and/or amendments are reasonable. Such Delivery times and/or dates and any alterations or amendments thereto shall be adhered to by the Supplier. Time is of the essence.
5. The signature on behalf of the Company upon any delivery order or other equipment document shall only signify acceptance of delivery of the relevant goods, materials or equipment, Such signature shall not signify acceptance of any Supplier's terms set out on such delivery order or document.
6. The prices on this order are firm and fixed unless otherwise indicated on the front of this order.
7. Any costs incurred by strike action affecting the Supplier will be the responsibility of the Supplier.
8. In the event of any dispute arising as to the quantity of material supplied, then the quantity will be determined by the method of measurement stated within the contract.
9. Should the supplier fail to supply materials, goods or equipment in accordance with the terms and conditions of this order either with regard to the time of delivery or quality the Company (in addition to any of its other rights) reserves the right to cancel this order in whole or in part at its sole discretion. In the event of any such cancellation the Supplier shall have no right to reimbursment in respect of any damages it may suffer as a result thereof.
10.The Supplier must comply with all statutory regulations which are to be complied with on part of any Supplier in respect of the materials, goods or equipment supplied and he is to inform the Company in writing prior to the delivery of any said goods, materials or equipment. Where any such goods, materials or equipment could constitute any risk to the health and safety of any person including any future occupant or user of the building the Supplier must clearly mark such goods with warning notices detailing those risks and the actions to be taken in the event of any such risk materialising.
11. The suplier shall ensure that all persons delivering goods, materials or equipment to the site are in possession at all times of safety boots, a helmet and any other relevant personal protective equipment and that all such persons utilise such equipment appropriately.
12. Payment terms are 45 days from the end of the month of receipt of invoice.
13. Vertase FLI reserve the right to test any persons working on their sites for drugs & alcohol, all in accordance with Vertase FLI Drugs & Alcohol Policy
Additional Terms and Conditions of Operated Plant Hire and Labour Supply
1. These terms override any CPA or customer terms of trade relating to charges for operated plant and labour supply.
2. Any signature on timesheets or otherwise, obtained from Site Manager will not bind the Company to any deviation from the terms contained in ths document. Site signatures are purely for recording hours and agreeing work was undertaken in a satisfactory manner.
3. Agreed hourly rates will be applied at a standard rate betwen 7:00 - 19:00 on normal working days, and between 7:00 - 13:00 on a Saturday. Any work outside these hours may be chargeable at overtime rates, if specifically agreed beforehand.
4. Any deviation from the original rates and terms must be agreed, in writing with the Head Office. This includes any agreement to site bonuses. Please note the requirements on the front of this order. Failure to comply with these conditions will result in the plant / operative being declined work and payments witheld. Also any insurance claimed for damage to plant will be invalidated by the lack of appropriate theft and damage prevention measures.
All business transacted is subject to the company's general terms and conditions which appear on this order or are available on request