Conditions of Estimate.

Revision 28

4th February 2019

1. Definitions

a. ‘Estimate’ shall mean tender or quotation to carry out the Works.

b. ‘The Works’ shall mean the work described within the Estimate or the schedule attached hereto.

c. ‘The Employer’ shall mean the company, body, person or their agent placing a contract with the Company based upon the Estimate.

d. ‘The Company’ shall mean Structural Renovations Limited.

e. ‘Design’ shall mean ideas, proposals, suggestions, methods, etc. & if considered necessary should be verified by the Employer’s relevant professional bodies.

2. Acceptance of Estimate

This is an Estimate only & no contract shall arise unless an order has been issued by the Employer & such order has been accepted in writing by the Company. These terms & conditions shall be implicit in any such acceptance by the Company & shall override any terms & conditions stated by the Employer unless agreed otherwise in writing by the Company.

3. Basis of Estimate

a. This Estimate, which shall be deemed to be withdrawn after the expiration of two months from the date hereto unless stipulated otherwise in writing, is based upon the following:

i. That quantities where stated are provisional & the Works when carried out shall be measured & charged at the rates quoted in this Estimate in accordance with the current Concrete Repair Association Standard Method of Measurement.

ii. That the Works are to be carried out as a single operation, during the Company’s normal working hours (Mon – Fri, 0730 – 1630) without interruption or delays due to circumstances beyond the Company’s control.

iii. That the Employer will, free of charge to the Company, provide the facilities & perform the obligations described in clause 4 hereof.

iv. That all information given by the Employer to the Company prior to the date of Estimate is correct.

v. There being no defects in the design or building of the structure in respect of which this Estimate is made.

b. If after the date of tender it is found that any of the above is incorrect, the amount of any additional expense or loss thereby incurred by the Company shall be paid by the Employer to the Company.

c. The use of materials. The Company accepts no liability for the effectiveness of the Works should any harmful products outside of the Company’s control come into contact with the Works. We reserve the right to charge additional costs should the need arise.

4. Facilities to be provided free of cost by the Employer, unless specifically included by the Company in the Estimate

a. Suitable access for vehicles, plant, operatives, working & storage space.

b. Setting out of positions & provisions of permanent line & level data.

c. The removal before commencement of the Works of any obstruction to operatives & working areas.

d. Surfaces clear of all loose matter & other substance, which may be detrimental to the Works.

e. The provision of all drawings & details necessary to enable the Company to commence & carry out the Works.

f. The provision of adequate clean water, electric power, lighting & forced/compressed air, where required.

g. Materials delivered to site prior to the arrival of any operatives or during a period of discontinuity of the contract, are to be unloaded, distributed & stored safely & securely by the Employer without charge. The Employer will be held responsible during these periods for the safe custody of materials, which the Company cannot guarantee to replace immediately if missing or damaged. Replacement costs will be charged to the Employer.

h. Canteen, welfare facilities, parking & suitable storage.

i. All necessary suitable access equipment, including sheeting where required & hoisting.

j. Disposal of waste & debris arising from the Works.

k. Where temporary works are to be installed by us, all necessary loadings information will be provided free of charge.

l. Removal or replacement of any obstacles, which, in the opinion of the Company, hinder free access to the Works. The Company cannot be held responsible for damage caused to items that remain.

m. Protection of our completed Works.

5. Programme

Where specifically part of the Estimate the Company will arrange to work in accordance with the programme as far as practicable. The Company cannot accept responsibility for late completion due to circumstances beyond its control nor held responsible for any financial liability.

6. Performance

a. The Employer has no right to take away work, employ others or supplement resources for the Works.

b. The Company is not responsible as to the performance, capacity, efficacy or suitability of the Works.

7. Guarantee

The Company will have exclusive rights to make good any defects solely attributable to faulty workmanship or materials provided by the Company & which are reported to the Company in writing within 12 months of the date of completion of each section of the Company’s Works. The Company shall not be liable, however, for:

a. Consequential damage or loss.

b. Any works not performed by the Company.

c. Any materials not supplied by the Company.

d. Making good defects caused through structural movement or deformation however caused, defective construction or design, or any other causes beyond the Company’s control.

Making good under this clause shall be subject to the conditions set out herein. This guarantee shall not be enforceable against the Company if any insurance, retention, defects or risk clause in any main or subcontract is invoiced against it nor if any payments provided for in the Estimate have not been made to the Company in accordance with clause 10 hereof.

8. Delays

If extra cost is incurred by the Company owing to delays to or the suspension of the work by the Employer’s instructions or lack of instructions, interruptions, delays, overtime, unusual hours, mistakes or work for which the Company is not responsible, or to inadequacy of the Employer’s preparations, such extra costs, as well as the cost of keeping any of the Company’s operatives on site after completion of the Works, shall be paid in addition to the contract sum.

9. Taking over

In accordance with current legislation the Works shall be deemed to have been taken over by the Employer on practical completion of our Works. The time of taking over shall not be delayed on account of additions, minor omissions or defects that do not materially affect the use of the Works.

10. Payments

a. The Company shall submit applications for payment/invoices at monthly intervals. Payment in full shall be made within 21 days of submission. No retention, discount or other withholdings shall be deducted from any payments, unless agreed by the Company in writing.

b. The Employer shall have no right to deduct or set off from any payments certified as due to the Company, nor any right to recover the amount of any bona fide contract accounts or any other claims against the Company without either the written agreement of the Company or the decision of any Court or arbitrator/adjudicator.

c. All rates quoted in this Estimate are net unless otherwise stated.

d. Late Payments will be dealt with in accordance with the Late Payment of Commercial Debt (Interest) Act 1998 as amended & supplemented by the Late Payment of Commercial Debt Regulations 2002 & 2013.

11. Arbitration/Adjudication

Any dispute or difference, which may arise in relation to the Contract, shall be referred to an arbitrator or adjudicator to be mutually agreed upon, or failing agreement, to be appointed by the President for the time being of the Chartered Institute of Building.

12. Insurance

Our Public Liability Policy has an indemnity of £10 million on any one occurrence.

13. Design Responsibility

a. The Company carries no Design responsibility.

b. The Company shall not be responsible for the contents of the Employers requirements or for verifying the adequacy of any Design contained within them.

14. Intellectual Property

The proposals are the intellectual property of the authors &/or the Company. They are intended for the sole use of the named recipient of the document & may not be communicated to third parties without express permission from the Company.

Failure to obtain permission may incur the liability of consultancy fees to the Company.

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