1. PERIOD OF VALIDITY OF TENDER: This tender is valid for thirty days and is conditional upon the return to Invicta Gas Limited (hereinafter called 'the Company') within that period, of the Acceptance Certificate attached hereto duly completed.
2. PRICE FLUCTUATIONS: The tender price is based upon the current costs ruling at the date of the tender for materials and labour. If completion of the work is delayed beyond the period stated in the tender, or if no period is stated, beyond three months from the date of acceptance by the Customer, then if such delay is due to circumstances outside the control of the Company or which could not reasonably have been known to the Company at the time of the tender, the Company may increase the tender price in relation to any increase in the cost of materials or labour incurred by the Company as a result of the delay.
3. ADDITIONAL WORK: Additional work undertaken on instruction from the customer will be charged for at the prices and rates ruling at the time such work is carried out.
Earth Cross Bonding
Gas Supply and Water: Other than if quoted, it is assumed that the cross bonding on the gas supply and water pipes is correct.
4. OVERTIME: This tender is based on the work being done during the recognised normal working hours specified in the National Agreement of the Industry. Overtime authorised by the Customer, his Architect or other agent, shall be an additional charge and be paid for at the rates ruling at the date the work is carried out.
5. TERMS OF PAYMENT: All payments should be made to the Engineer on production of an invoice upon completion of work, but if work is carried out and fully functioning but awaiting a part e.g. damaged casing etc., then the cost of the outstanding item will be deducted off the invoice total until it is corrected. 0% Finance is to be settled prior to commencement of work. Failure to effect such payment will entitle the Company, if it so decides, either to suspend work on the contract until payment is made or to determine the contract by notice in writing and, upon such determination, the customer shall be liable to pay:-
(a) the total value of work completed at the date of determination;
(b) total value of work begun and executed and not completed at the date of determination;
(c) the cost of materials or 'goods' properly ordered for the works for which the Company shall have paid or are legally bound to pay;
(d) any direct loss and/or damage caused to the Company by the determination;
(e) the balance of the contract price, together with any extras will be invoiced on completion of the works;
(f) Customer is only entitled to withhold 10% of outstanding price should job not be completed.
(g) Cash discount is given on non 0% Financial Agreement subject to full payment upon completion. The cheque is to be given to the Engineer. Any 0% Finance option must be agreed and commenced by the start of the works.
(h) If the value of works exceed £500.00 we reserve the right to request the payment during the progress of the works equal to the value of the materials on site and labour costs incurred and the customer hereby agrees to make such payment within 14 days of application by Invicta Gas. If such payment is not made, we reserve the right to suspend or abandon the work and remove material, tools and other such equipment from site.
(i) If payment is not received within the payment terms agreed as stated above a 20% charge will be applied and the account forwarded to our external debt collection agents. It is the responsibility of the customer to ensure that the payment(s) will be received as no reminder will be sent.
(j) Invicta Gas reserves the right to charge the customer on overdue accounts at a daily rate equal to 4% (four percent) above the clearing banks base lending rate.
(k) Any costs applied from external sources for gaining payment of outstanding monies will be payable by the customer in full and will be added to the account for collection. After instruction has been given to a third party no communication will be entered into from Invicta Gas Ltd or its operatives.
6. MATERIALS: The property in unfixed materials shall not pass until all materials shall have been paid for in full. All materials on the site, fixed or unfixed, are at the sole risk of the Customer, and in the event of any of the same being damaged, destroyed or stolen, the Company shall be entitled to full payment therefore and also for any work damaged, destroyed or lost, and the cost of replacing any such materials and of reinstating or restoring any such work shall be charged as an extra under Clause 2 provided that the Customer shall not be responsible for any loss occasioned solely by the negligence of the Company's employees or agents.
7. GUARANTEE: The Company will repair, or if necessary, replace free of charge to the customer any materials or work found to be defective if the defect is due to faulty manufacture or bad workmanship and is brought to its attention within 12 months of the completion of the work. Servicing of domestic gas appliances is covered by a twenty-eight day guarantee only. Appliances (used or new) will not be covered by our guarantee if Invicta Gas does not supply them. Any other condition or warranty whether expressed or implied by Statute of Common Law is excluded so far as the law allows provided always that:-
(a) the Company accepts no responsibility for any drawing, design or specification not prepared by it and submission of this tender does not constitute any warranty, guarantee, representation or opinion of the practicality of work to be executed by the Company in accordance therewith and the cost of any additional work caused by defects in any such drawings, designs or specifications shall be chargeable as an extra under Clause 3 hereof;
(b) the Company shall not be liable for any consequential loss or damage caused directly or indirectly by any defect or otherwise howsoever caused;
(c) The Company shall not be liable for any loss or damage, direct or indirect, for any extra work entailed due to the apparatus being put into operation by the Customer or by the Company at his request before it is handed over for beneficial use. This guarantee is not transferable to third parties.
8. DRAWINGS: Unless expressly stated, drawings submitted with this tender shall not be binding as to detail.
9. THIRD PARTY LIABILITY: The Company shall not be liable for and the Customer shall indemnify the Company against any claim (other than the negligence of the Company or its employees) by or loss or damage to any person or property directly or indirectly occasioned by or arising from the use of operation or possession of the works. This indemnity shall extend to the costs of any legal proceedings.
10. COMPLIANCE WITH LAW AND GOVERNMENT REGULATIONS: Acceptance of this tender constitutes a warranty and representation by the Customer that he has complied with every applicable Statute Order in Council Regulation or Direction Bye-Law or other lawful requirements or instruction whether of the Government or of any local or other lawful authority and in particular that he has lawfully obtained every necessary licence, permit or authority that may be required in connection with the work.
11. COMPLETION AND DELIVERY: Every effort will be made to complete the works by the time stated. However the Company accepts no liability for any loss or inconvenience arising from delays due to strikes, lockouts, shortage of materials or other causes beyond the Company's control.
12. TERMINATION OF CONTRACT: If for any reason the contract is terminated by the Customer, his architect, or other agent or contractor before the work is completed or if the Customer, his architect or other agent or contractor interferes with or causes any unnecessary or unreasonable delay to the completion of the work, in which event the Company shall have the right to determine the contract by notice in writing and upon any such determination, the Customer shall be liable to pay:
(a) the total value of work completed at the date of determination;
(b) the total value of work begun and executed and not completed at the date of determination;
(c) the cost of materials or goods properly ordered for the works for which the Company shall have paid or are legally bound to pay;
(d) Any direct loss and/or damage caused to the Company by the determination.
13. EXCLUSION: Unless specifically stated, Invicta Gas' quotation does not include the costs of making good decorations, walls, floors or other parts of the premises, nor for the supply and erection of scaffolding (even if we have quoted to work off ladders but find on commencement that it is
impossible to carry the work out safely), fuel, water, gas or electrical current, fees of district surveyors, insurance inspectors or other inspecting authority.
14. DAMAGE: Whilst every care is taken to ensure there is no damage, clients are advised to remove floor covering, furniture, objects from walls etc. when there is a possibility of damage, as no responsibility can be accepted by Invicta Gas.
15. DEFECTS: No responsibility will be accepted by Invicta Gas for defects in the original or existing system which comes to light after a new boiler or control have been installed. Any further works required will be payable by the customer at the existing current rate.
16. GENERAL: The above conditions shall apply not only to this tender (if accepted) but to all orders subsequently placed with the Company by or on behalf of the same Customer in connection with the same work unless otherwise agreed in writing.
17. EXISTING SUPPLIES AND APPLIANCES: Gas and water are assumed to be installed conforming to current standards and local bylaws and that the electrical supply conforms to current IEE wiring regulations and is adequate for alterations proposed. All gas appliances on the gas supply are presumed to be installed correctly and conform to manufacturers and gas safety regulations. Gas points are assumed live and in the case of a cooker the gas plug-in cock is positioned behind where the cooker is to be installed. Failure in any of the above will result in additional costs. Cancellation of appliance installation will also incur restocking costs. It is the customer's responsibility to ensure equi-potential bonding to incoming services i.e. gas, water, oil is in situ.
18. GAS COOKER: See existing supplies and appliances. Customer must confirm correct space between cooker and combustible materials. Failure to do so will result in:
(a) Cooker not being fitted
(b) Cooker being left forward of space
(c) Additional costs
This is the responsibility of the customer.
Cooker fitting price includes
(a) Delivery (b) Assembly
(c) Connection of hose (d) Fitting of safety chain
(e) Commissioning (f) Testing and removal of rubbish
Gas plug-in cock must be situated behind cooker, if this is not, and then additional charges will be made as in with any other additional work. The electrical supply must conform to regulations, be adjacent to the appliance and of sufficient power to supply the cooker otherwise additional charges will be made.
19. GAS FIRES: Chimney must be swept and be in a good state of repair. Chimneys that do not conform or perform to gas safety regulations will be liable to additional costs. Standard fitting charge for gas fire includes fitting to a gas point within one metre of appliance centre, correct opening size including depth, must be free of loose material and have correct hearth size. Non-combustible materials must be used. See existing supplies and appliances.
20. SURROUNDS: Wood and wood effect surrounds are sold subject to manufacturer's tolerances, one millimetre on joints. Colour and grain may vary and should not be seen as defects.
The widespread revival in the appreciation of coloured marbles, granites, natural stone and wood which is taking place at the present time means a fuller knowledge and understanding of these beautiful natural materials is required. In the course of developing a quarry, considerable variation may occur in the colour and veining of the granite marble or stone extracted. Each piece of marble is unique and no two pieces of marble are exactly the same. Some marbles and stones may even contain fossils or prehistoric remains.
Many coloured marbles, granites and natural stones are inherently unsound and this may vary from hairline cracks in some varieties to extensive brecciation in others. Generally the more "figure"/"wild" a marble, the greater the need for reinforcement, repair or filling of one kind or another. With modern techniques and skills, these repairs and fillings can be well concealed. Such repairs should therefore not be regarded in any way as defects.
Those who seek perfection in other walks of life should understand that the very nature of imperfections in marble, stone, wood and brick is one of its most beautiful and essential features. Stone surrounds for example come in several parts and are manufactured to be similar. However, there is on installation and expansion joint which will offset any difference.
21. MULTIPOINT WATER HEATERS: Appliances are priced using the existing flue. Should this not be satisfactory then an additional charge will be made.
22. SERVICING: In the case of central heating, gas fires, cookers and water heaters, the service carried out will only be to the gas burner, controls and combustion chamber, flue ways and flue. Advice will be given freely but additional work will be charged extra. It is assumed that all services are connected and systems are full with water prior to service. If this is not the case then additional charges will be made.
23. POWER FLUSHING: This very successful operation to remove debris and sludge which causes wear on valves, pumps, boiler and radiators, is carried out to the manufacturer's instructions. Whilst every effort is taken, due to the very nature of the process, it is not possible to guarantee that it will eradicate inherent problems. Water soundness may be affected due to the removal of corrosion or debris. Therefore any further work would have to be carried out at extra cost.
24. VERTICAL FLUES: On installations requiring a vertical flue every effort will be made to complete the installation on schedule. However in the event of inclement weather making it unsafe for either our own employees or an outside contractor to complete the installation of a vertical flue, there may be an unavoidable delay until such time as the work can be carried out safely.
25. ASBESTOS: Any quotation given for or any work undertaken does not include the cost of removal of any asbestos which may be discovered upon commencement of any work or during work being carried out. Upon discovery of any asbestos, work will immediately cease and the customer will be required to engage the services of a specialist asbestos company and the cost of any work undertaken by them will be the sole responsibility of the customer.
