Advance Trade Services Limited
Terms & Conditions Applicable to This Quotation and Acceptance
Notwithstanding anything contrary which may appear in the specifications, the acceptance of our quotation includes the acceptance of the following conditions:
Increased Costs: Our quotation is based on rates of exchange, freight, duty, wages, cost of materials, transport or other incidental expense, ruling at the date of quotation, unless otherwise specified. Any alterations due to any variation in any of those items shall be for your account and the contract price shall be adjusted accordingly. Where the contract price includes goods and materials not manufactured by us, we endeavour to obtain fixed prices from our suppliers for such goods and materials, but any increase in such prices whether before or after the work is put in hand, is likewise to be for your account.
Acceptance: This quotation is open for acceptance until the date and time stated, and if no time and date is stated, then up to 4pm on the thirtieth day following the date of this quotation, but subject in every case to our right to withdraw at any time before acceptance.
Payment: Unless otherwise agreed between the contracting parties, on acceptance of this quotation a deposit of 25% of the tender price is payable with progress payments and the final account payable no later 20th of the month following the date of invoice or on such other terms as the tenderer may stipulate. Unpaid accounts may be subject to interest charges at the rate of 2% per month. Collection expenses shall be to your account.
Ownership of Goods and Materials Supplied:
1) The risk in any goods and materials (“the goods”) to be supplied as part of the contract shall pass upon delivery to the site, but ownership of the goods shall not pass to you until you have paid all moneys owing under this contract.
2) If: a) any money is overdue (in whole or in part) to us; and/or we have reason to believe you are in breach of any of your obligations to us; and/or we have reason to believe you have or will commit and act of bankruptcy or
b) (being a company) have had a receiver or liquidator or about to be appointed.
We may recover and resell any or all of the goods and we or our agents or employees may enter into your premises for that purpose.
3) If the goods are installed in such a way that the original goods supplied by us may be detached then upon payment being overdue in
whole or in part we or our servants and agents may (without prejudice to any of our other rights) proceed to enter upon your premises or any other premises upon which the goods are situated to detach and remove such goods.
4) In all cases, if any of the goods supplied by us to you are used by you to make a new product the ownership in the whole of the product shall be and remain with us until such time as payment in full for the goods is made.
5) Until we are paid in full for all of the goods and work supplied under the contract your relationship to us shall be fiduciary in respect of the goods or any new product in which they are incorporated and if the goods of the new product are sold we shall have the right to trace the proceeds.
Installation: You are to give us access to the site and provide proper facilities for carrying out the work within a reasonable after acceptance of our quotation. Written notice is to be given to us when the premises are ready for us to begin installation. We expect to complete within the time stated in our quotation, such time to be computed from the date on which you notify us that the premises are ready for us to begin installation, but we are not to be liable for any loss or damage, nor to cancellation of the contract for failure to complete within such time, or any given time. If access to the site and proper facilities for installation are not provided within a reasonable time after acceptance of our quotation, we are to have the option of rescinding the contract without prejudice to our other remedies. Any loss or expense caused to us through your failure or delay to provide access or other facilities, shall be borne by you.
Theft, Damage by Fire, etc: After any portion of the goods or materials included in our quotation has been brought by us to the place they are to be erected or installed, or brought to the place where delivery is to be made, the goods or materials shall be at your risk and notwithstanding anything these conditions or our quotation states as to terms of payment, all losses arising from destruction or theft or damage to such plant, goods or materials from whatever cause including weather, fire, water, earthquake, war, civil commotion and accident and whether they are wholly or partly installed or lying on the site, shall be borne by you.
Strikes, etc: We are not liable for any delay in completion of the contract or product defect due to strikes, disputes with workmen, accidents, war, civil commotion, epidemics, fire, floods, stress of weather, delays in transportation, shortage of labour, acts, demands or requirements of any government or similar authority, failure of manufacturers to deliver or to any other cause beyond our reasonable control, even if such cause existed at the date of our quotation.
Guarantee: Any performance guarantee provided by the tenderer shall not extend to goods, materials and services supplied by you.
Disputes: If any dispute shall arise about the meaning of these conditions or any accompanying documents or about anything done or omitted under this contract or any claim arises under it such dispute shall be referred to the Master Plumbers Association of which the tenderer is a member for settlement through the Association’s Dispute Procedure or shall be referred to the Disputes Tribunal for settlement.
Consumer Guarantees Act 1993: The client and Advance Trade Services Limited agree that the provisions of the Consumer Guarantees Act 1993 shall not apply to the supply by Advance Trade Services Limited of any products and/or services acquired by the client for the purposes of a business.
Health & Safety: In compliance with Health & Safety regulations, we request that each of our employees / sub-contractors is made aware of the Health & Safety requirements of your company/site premises prior to commencing work on your behalf. All our employees / sub-contractors operate under our own Health & Safety policy (available on request).
Agreement to Mortgage: In the event of any payment being overdue more than 1 calendar month the customer agrees to execute in favour of Advance Trade Services Limited a caveat or mortgage over the site as security for such payment
Ownership: Goods will remain the property of Advance Trade Services Limited until fully paid for.
Minimum Charge: A minimum charge of half an hour applies to all service calls. Travelling time is included.
Travel Expenses: Travel time, expenses, and mileage will be charged for where travel is required.
Excavations: Unless otherwise agreed in writing by both parties, quotations for excavation in friable soil only. The tender excludes costs for rock excavation, removal of excess soil, damage to underground services, reinstatement of paths, lawn, plants, gardens, etc, but include back-filling excavation with excavated material only. Discovery and marking of underground services is your responsibility and any damage to services is at your cost.
Permit Fees: Unless otherwise agreed in writing by both parties, the tender excludes permit / consent fees and inspection fees.
Fixtures & Fittings: Unless otherwise agreed in writing by both parties, plumbing quotations include pipes, pipe fittings and labour to complete the work. The tender excludes all fixtures and fittings including but not limited to taps, valves, sanitary fixtures, plugs wastes, hot water cylinders and associated valves, seismic restraints, which may be quoted separately.
Roof Repairs: Only roof work specified and installed is guaranteed against future leaks originating from the said work for a period of 12 months.
Construction Contracts Act 2002: The client and Advance Trade Services Limited agree that either party can use the dispute resolution procedures, and remedies for the recovery of money due under construction contracts as defined by the Act.