Standard Terms & Conditions of Supply of Services Göbel & Partner Ltd
1.
accordingly:
1.1.
1.2.
1.3.
1.4.
Services.
1.5.
in the quotation attached to these Conditions and in the relevant Project Authorisation Form.
1.6.
provision of Services which are the subject of a Quotation.
1.7.
1.8.
1.9.
to the Customer relating to the person employed or engaged in the period of four weeks immediately prior to such employment or
engagement by a number of weeks determined by the duration of the Contract and in accordance with the sliding scale set out as follows:
Duration of Contract | Number of weeks |
---|---|
0-3 months | 12 weeks |
4-6 months | 9 weeks |
7-9 months | 6 weeks |
Over 9 months | 4 weeks |
2.1.
into and become terms of every Contract.
2.2.
parties in writing and signed on their behalf.
2.3.
Authorisation Form (whichever is sooner). Any terms and conditions used by the Customer in the course of its business will not apply to the
Contract.
2.4.
collateral contract pursuant to which the Customer entered into the Contract.
2.5.
will be subject to correction without liability on the part of the Supplier
2.6.
Services are approximate and will not form part of a Contract and the Supplier reserves the right to incorporate modifications or
amendments into the Services in the light of practical requirements.
2.7.
its behalf and for giving the Supplier any necessary information relating to the Services within a sufficient time to enable the Supplier to
perform its obligations under the Contract in accordance with its terms. The Customer undertakes to provide its purchase order number in
respect of such Order to the Supplier within 3 working days of the date of the Contract.
2.8.
cancel an Order. If less than 24 hours notice is given, the Supplier reserves the rights to charge for its already incurred costs and expenses up
to the point of cancellation.
2.9.
performance of the Services is safe and suitable for the intended use and is adequately served with all required public utilities and is insured
against all usual risks.
2.10.
instruct the Supplier’s personnel in the safe use of such equipment and tooling. The Customer shall be responsible for ensuring that all
equipment and tools are correctly calibrated (where applicable). The Customer shall be responsible for ensuring all its equipment and tools
supplied to the Supplier (even when they are stored on the Supplier’s premises) against loss, theft and accidental damage. Accordingly, the
Supplier shall not be liable to the Customer for loss, theft or accidental damage to the Customer’s equipment and tooling. The Supplier shall
take all reasonable precautions to use and store the Customer’s tooling safely and securely.
2.11.
insurance, and include insurance for Supplier’s personnel to drive them.
3.1.
of the Services will not be the essence of the Contract.
3.2.
provision of the Services, however, arising.
3.3.
caused directly or indirectly by act of God, elements, war, act of government, strikes or lockouts, fire, flood, breakdown of machinery, nondelivery
or delay in delivery by the Customer of the materials required in order to supply the Services, failure of the Supplier’s contractors or
manufacturers to execute or their delay in executing any work or any other cause (whether or not ejusdem generis to the foregoing) beyond
the Supplier’s control, whether such cause existed on the date when the Contract was made or not.
4.1.
days of the invoice date (“the Due Date”) and time for payment will be of the essence of the Contract. The invoice is valid, with or without a
Customer’s purchase order number.
4.2.
Bank of England base rate prevailing from time to time.
4.3.
one week during which the Services have been supplied, or otherwise as may be agreed by the Customer.
4.4.
the invoice.
4.5.
where appropriate, on the Supplier’s hourly rates:
4.5.1.
without limiting the generality of the foregoing, waiting for delivery of materials, line stoppages, change of derivatives and any
other reason beyond the Supplier’s control), and meal breaks will be included within the labour time charged to the Customer;
4.5.2.
rate as may be specified in the Additional Conditions or the Supplier’s quotation;
4.5.3.
4.5.4.
4.6.
5.1.
Orders are accepted by the Supplier on the condition that the Contract price is that prevailing at the date of delivery of the Services unless
otherwise agreed between the parties in writing.
6.1.
quotation for the Services. The terms of this condition 6.1 are in lieu of all conditions, warranties and statements of whatever nature in
respect of the Services whether express or implied by statute, common law, trade, custom or otherwise.
6.2.
specification or order of the Customer.
6.3.
Services supplied in respect of the Order to which that Contract relates and (b) £10,000,000 in respect of property damage or personal injury
claims or £1,000,000 in respect of any other claims.
6.4.
foreseeable or in the Supplier’s contemplation and whether arising directly or indirectly from the negligence of the Supplier or anyone for
whom the Supplier is vicariously liable:
6.4.1.
6.4.2.
6.4.3.
6.5.
liabilities in respect of:
6.5.1.
and/or
6.5.2.
specifications or order of the Customer; and/or
6.5.3.
6.6.
6.6.1.
6.6.2.
6.6.3.
6.7.
these Conditions.
7.1.
gives notice to the Supplier of a defect in the quality of the Services and the Supplier is satisfied (acting reasonably) that a defect exists and
was not caused in whole or in part by any matter, action or occurrence outside the Supplier’s control, the Supplier will at its sole discretion
either remedy the defect or refund to the Customer a reasonable proportion of the price of the Contract.
8.1.
termination of the Contract without the prior written consent of the Supplier whether by itself, through agents or otherwise and whether on
its own behalf or on behalf of any other person, firm or company directly or indirectly employ or engage or endeavour to employ or engage
any person who during the currency of the Contract carried out any part of the Services on behalf of the Supplier for the Customer.
8.2.
in condition 8.1, the Customer shall pay the Supplier the appropriate Transfer Fee.
9.1.
received payment until the bill of exchange, cheque or instrument has been honoured on presentation for payment, notwithstanding that
the Supplier may have negotiated it and received value for it.
10.1.
Supplier’s unpaid invoices in their numerical order beginning with the lowest number.
11.1.
Authorisation Form. If no duration is specified the Contract shall continue until the Services are complete. If the Services are of a recurring
nature, the Supplier shall continue providing the Services until the Customer notifies the Supplier in writing that it no longer requires the
Services or the Supplier gives notice of its intention to terminate the Services.
12.1.
Services or should the Supplier receive any information about the Customer which the Supplier in its absolute discretion considers to be of
an adverse nature the Supplier will be entitled to suspend further provision of the Services or to vary by notice in writing with immediate
effect the terms, if any, as to credit specified in the Contract or any other contract subsisting between the Supplier and the Customer or any
company associated with or subsidiary to the Customer in such manner as the Supplier may, in its absolute discretion, determine or, in the
event of late payment, to treat the Contract as wrongfully repudiated by the Customer without prejudice to the Supplier’s right to payment
for any services supplied and to damages for the Customer’s breach of contract.
13.1.
purposes of reconstruction or amalgamation) or if a receiver or administrator is appointed the Contract will immediately determine without
prejudice to the Supplier’s right to payment of the price of Services supplied and any damages it might suffer in consequence of such
determination notwithstanding that such determination may have been implemented by the Supplier.
14.1.
any breach will operate as a waiver of any subsequent breach.
15.1.
16.1.
address last known to the Supplier or on the Supplier if it is left at or sent by ordinary letter post to its address last known to the Customer.
It will be assumed that any notice sent by post will be delivered on the day which the letter would have been delivered in the ordinary
course of the post. Notices may also be served by email sent to a director or member of senior management of the other party .
17.1.
precedence shall apply: (i) Supplier’s quotation, (ii) Additional Conditions; and (iii) the Conditions.
18.1.
over them.