Terms & Conditions

1 Definitions and Interpretations

1.1 In these Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:

Customer: the person who makes an offer to buy the Goods from NP Structures subject to these Conditions and whose offer for the Goods is accepted by NP Structures and such acceptance is acknowledged to the Customer (the “Order confirmation“);

Quotation: document sent to the customer stating NP structures offer of goods & services

Contract: the contract for the purchase and sale of the Goods;

Export Goods: Goods which are ordered for delivery outside the UK, which must be separately negotiated and agreed between the parties;

Goods: the goods ordered by the Customer from NP Structures;

Order: the order placed by the Customer with NP Structures for the Goods either on the order page headed “Checkout”, or by completing the order form, or by telephone, or by order confirmation.

NP Structures: NP Structures Limited of Mill Green Waterside Road, Colne , Lancashire, BB8 0TA(registered office: Mill Green, Waterside Road, Colne Lancashire,BB8 0TA; Company Number: 04322191

Writing: includes e-mail.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

2 General

2.1 NP Structures shall sell and the Customer shall purchase the Goods in accordance with these Conditions and any extra conditions or terms stated on the NP Structures website or in its catalogue.

2.2 All Contracts made by the Company and any additions or amendments thereto shall be subject to these Conditions which shall supersede and shall be taken to override any terms or conditions proposed or stipulated by the Customer.

2.3 NP Structures reserves the right to alter these Conditions from time to time and the alterations will apply to any orders received after that time.

2.4 NP Structures employees or agents are not authorised to make any representations concerning the Goods unless confirmed by NP Structures in Writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed.

3 Ordering

3.1 No Order submitted by the Customer shall be deemed to be accepted by NP Structures unless and until confirmed by the NP Structures Order Confirmation.

3.2 The Customer shall be responsible to NP Structures for ensuring the accuracy of the terms of the Order, and for specifying in the Order any necessary information relating to the Goods to enable NP Structures to perform the Contract.

3.3 The quantity and description of the Goods to be provided by NP Structures to the Customer under the Contract shall be those set out in the NP Structures Order Confirmation.

3.4 Subject to clause 8, no Order which has been accepted by NP Structures may be cancelled by the Customer except with the agreement in Writing of NP Structures and on terms that the Customer shall indemnify NP Structures in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by NP Structures as a result of cancellation.

4 Price and Payment

4.1 The price of the Goods shall be the price listed on the NP Structures website at the date of the NP Structures order confirmation or on an official NP Structures quotation (the “Price“). Separate prices may apply in relation to Export Goods. Website Prices include VAT but do not include delivery.

4.2 NP Structures reserves the right, by giving notice in Writing to the Customer at any time before delivery, to increase the Price of the Goods to reflect any increase in the cost to NP Structures which is due to any factor beyond the control of NP Structures (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates or quantities which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give NP Structures adequate information or instructions.

4.3 Payment can be made by –

Payment with order – Send your cheque made payable to NP Structures with your order by post or, if required, we can send a pro-forma invoice.

Credit Card/Debit Card – All major credit/debit cards accepted. Quote your card number and expiry date when writing out your order or ordering by phone. We reserve the right to charge a handling fee of up to 2% when paying by credit card.

Apply for a credit account. A completed form (available on request) should be returned together with signed conditions of sale. Subject to the acceptance of the account application, our terms are Nett 30 days.

On Delivery – (Commercial structures only) Payment on delivery will be accepted by prior arrangement only.

Or payment with credit or debit card Via our website or by phone.

NP Structures will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

4.4 Website Payment of the Price together with the delivery charges (as specified on the website but updated from time to time) will be debited from the Customer’s account after the NP Structures confirmation has been notified to the Customer but before the Goods are delivered.

4.5 Where NP Structures invoices the Customer payment of the invoice is due within 30 days and late payment attracts interest at the rate of 2% per month. After 60 days, customers whose accounts remain unpaid will have their credit facilities suspended and no further goods will be supplied.

4.6 Any discount which is offered subject to payment by a specific date may be withdrawn if payment is not made by that date.

4.7 While NP Structures tries to ensure that all prices are accurate, errors may occur. If NP Structures discovers an error in the price of Goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.

4.8 If the Customer’s card issuer fails to make any payment of the Price or any delivery charge on behalf of the Customer then, without prejudice to any other right or remedy available to NP Structures, NP Structures shall be entitled to cancel the contract or suspend any further deliveries.

4.9 Any customer who fails to pay for goods supplied within an agreed period will be liable for all costs incurred by NP Structures, including collection costs, legal costs, interest on the items supplied, and agent’s fees.

5 Indemnity

5.1 If any claim is made against NP Structures that the manufacture or sale of the Goods infringes the intellectual property rights of any other person, the Customer shall, except to the extent that the claim is due to the default of NP Structures, indemnify NP Structures against all damages, costs or expenses incurred by NP Structures in or about the defence or settlement of the claim. To the extent that NP Structures is at fault it shall similarly indemnify the Customer.

6 Delivery

6.1 Delivery charges and estimated timescales are specified on NP Structures’ website. Made to measure items may require additional manufacturing processes and a specific delivery period will be quoted in this instance. NP Structures makes every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable.

6.2 Any time or date for the despatch or delivery of Goods shall be taken as an estimate made by NP Structures in good faith but shall not be of the essence of the Contract. NP Structures shall not be liable for any loss caused to the Customer in consequence of failure to deliver by the estimated delivery date/time or such other date/time as may be subsequently agreed.

6.3 Unless the parties otherwise agree to the contrary in Writing, delivery of the Goods shall be made by NP Structures delivering the Goods to the Customer at such premises as specified by the Customer in its Order or such other premises that the Customer and NP Structures have agreed in Writing.

6.4 NP Structures will not deliver Goods to premises outside of the UK. Any request for such delivery must be specifically negotiated and agreed in Writing.

6.5 Reasonable access for heavy goods vehicle must be available for unloading of the goods. If special arrangements have to be made due to inadequate access NP Structures must be informed in advance and reserve the right to charge the customer additional carriage costs.

6.6 If the Customer fails to take delivery of the Goods or fails to give NP Structures adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of NP Structures fault) then, without prejudice to any other right or remedy available to NP Structures, NP Structures may:

6.6.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or

6.6.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the Price under the Contract or charge the Customer for any shortfall below the Price under the Contract.

6.6.3 If the delivery date is changed by the Client less than 7 days before any previously agreed date, NP Structures withhold the right to charge a weekly standing fee and cannot guarantee the availability of any requested new delivery date.

6.7 Any consignment found to be damaged on arrival must be signed for as damaged on the carrier’s delivery note or else no claims will be accepted. It is the responsibility of the customer to check all materials against the delivery note at the time of delivery. Any shortages or damaged goods must be reported within 24 hours of delivery. Shortages or replacements for damaged goods will be despatched by our standard delivery method.

6.8 Although we endeavour to deliver a complete order occasionally we may have Out of stock items. These will be despatched by our standard delivery method as soon as the item becomes available to NP Structures, NP Structures will not accept any liability if this delays the building of the structure.

7 Data Protection

7.1 Please refer to our Privacy Policy on our website for more information. The purpose of that policy and this clause 7 is to set out how NP Structures will use personal information that it may obtain from and about you. By registering as a user of the services provided by NP Structures and by using NP Structures’ website generally you agree to the following.

7.1.1 When you register and use this site you will be asked to provide certain information such as your contact details. NP Structures will store this data and hold it on computers or otherwise. NP Structures will use this data to fulfil its agreement with you.

7.1.2 NP Structures may use the information that you provide or that is obtained by us for the following purposes.

7.1.2.1 To register you with the NP Structures website and to administer the NP Structures website services.

7.1.2.2 For assessment and analysis (e.g. market, customer and product analysis) to enable NP Structures to review, develop and improve the services which we offer.

7.1.2.3 For the prevention and detection of fraud.

7.1.2.4 To administer any prize draws or competitions you enter.

7.1.3 We may give information about you, under conditions of confidentiality, to the following, who may use it for the same purposes as set out above:

7.1.3.1 to other companies in our group;

7.1.3.2 to employees and agents of NP Structures or our group to administer or improve any accounts, products and services provided to you by NP Structures or the group now or in the future;

7.1.3.3 to other organisations for the administration of prize draws or competitions you enter, should you enter any.

7.1.4 We may also disclose your information:

7.1.4.1 to anyone to whom we transfer or may transfer our rights and duties under our agreement with you;

7.1.4.2 if we have a duty to do so or if the law allows us to do so.

7.1.5 In order that we can monitor and improve our website, we may gather certain information about you when you use it, including details of your domain name and IP address, operating system, browser, version and the web site that you visited prior to our site.

7.1.6 New technologies are emerging on the Internet that help us to deliver customised visitor experiences. In particular, there is a technology called “cookies” which may be used by us to provide you with customised information from our web site. A cookie is an element of data that a website can send to your browser, which may then store it on your system. Cookies allow us to understand who has seen which pages and advertisements, to determine how frequently particular pages are visited and to determine the most popular areas of the NP Structures website. Cookies also allow NP Structures to make our website more user friendly by, for example, allowing us to save your password so that you do not have to re-enter it every time you visit our website. We use cookies so that we can give you a better experience when you return to our website. Most web browsers automatically accept cookies. You do not have to accept cookies, and you should read the information that came with your browser software to see how you can set up your browser to notify you when you receive a cookie, this will give you the opportunity to decide whether to accept it.

7.1.7 NP Structures may supplement the information that you provide to us with information that we receive from third parties.

7.1.8 NP Structures endeavours to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose on-line. You accept the inherent security risks of providing information and dealing on-line over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.

7.1.9 You have the right to see personal data (as defined in the Data Protection Act) that NP Structures keeps about you, upon receipt of a written request and payment of a fee. If you are concerned that any of the information we hold on you is incorrect please contact us.

7.1.10 Please be aware that our site may link to other websites which may be accessed through the NP Structures site. We are not responsible for the data policies or procedures or the content of these linked websites.

7.1.11 In the course of undertaking the activities specified in this privacy policy NP Structures may transfer data outside the European Economic Area to countries which do not have data protection laws or to countries where your privacy and other fundamental rights may not be protected as extensively as in the United Kingdom.

7.2 How can I get my name removed for the NP Structures website mailing list?

7.2.1 If you want to be removed from our mailing list, or have us delete your details from our database, please send an email to [email protected] detailing your request. Please note that it may take up to 28 days to action your request.

7.3 Contact Us

7.3.1 If you have any comments or queries in connection with our privacy policy or to resolve any disputes, or your need to change any of the registered details we hold about you, please contact us using the contact details available on the website.

8 Risk

8.1 Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when NP Structures has tendered delivery of the Goods.

8.2 The ownership of the Goods shall pass to the Customer at the time of the:

8.2.1 Passing of risk in the Goods to the Customer pursuant to sub-clause 8.1 if the goods have been paid for before despatch; or

8.2.2 receipt by NP Structures of payment in full of the Price and cost of delivery;

whichever is the later.

8.3 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), NP Structures shall be entitled at any time to require the Customer to deliver up the Goods to NP Structures and, if the Customer fails to do so forthwith, to force entry upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.

8.4 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of NP Structures, but if the Customer does so all moneys owing by the Customer to NP Structures shall (without prejudice to any other right or remedy of NP Structures) forthwith become due and payable.

9 Insolvency of Customer

9.1 This clause applies if at any time before the ownership of the Goods passes to the Customer pursuant to sub-clause 8.2 one or more of the following events occurs (the “Cancellation Events“):

9.1.1 the Customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);

9.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer;

9.1.3 the Customer ceases, or threatens to cease, to carry on business;

9.1.4 NP Structures reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.

9.2 If this clause applies then, without prejudice to any other right or remedy available to NP Structures, NP Structures shall be entitled to cancel the Contract or suspend any deliveries under the Contract without any liability to the Customer save that NP Structures shall refund to the Customer all and any payments made to it in respect of the Price prior to the Cancellation Event. If the Goods have been delivered but not paid for at the date of the Cancellation Event the Price due in respect of the delivered Goods shall become immediately due and payable notwithstanding any previous agreement or arrangements to the contrary.

9.3 Presentation of a Delivery note, Consignment note, Invoice or any other evidence of delivery of products, goods or materials, will not be deemed effective to pass title to such products, goods or materials. Title shall only pass to the buyer on payment in full of the purchase price and any other additional costs incurred by NP Structures in obtaining payment.

9.4 The buyer specifically agrees and authorises the seller to obtain access or force access to his premises in the event of non-payment of the purchase price to facilitate collection of the said products, goods and materials by the seller or his duly appointed agent.

10 Returns / Guarantees

10.1 NP Structures offers limited guarantees in relation to the products it manufactures, which vary in length depending on the product in question, and such guarantees are stated below. During the guarantee period, NP Structures warrants that the relevant Goods will be free from material defects in quality and workmanship, and that they will correspond to their specification. The guarantees do not affect your statutory rights.

10.1.1 If a Structure / polytunnel is under 18ft wide, does not confirm to BS /EU standards or given structural loadings specifications, no guarantee against structural failure can be given.

Where a Structure / polytunnel is above 18ft wide with stated structural loading specifications or confirms to a BS / EU standard, We offer a 12 months replacement parts guarantee. This warranty covers the framework only. The warranty assumes that any damaged structure has been erected correctly and in accordance with our published instructions. If failure of the structure takes place, confirmation of wind speeds for that particular day will be required from the Meteorological Office. (No guarantee is offered for polythene or PVC covers)

10.1.2 Polythene / PVC is guaranteed by the manufacturer for the period stated by the manufacturer. This guarantee is only for manufacturing faults. Early degradation caused by old/damaged anti hot spot tape is not covered. All guarantees are only valid if the sheet is fitted correctly. Tunnel covers are not guaranteed against acts of violence, wilful damage, or acts of God i.e. storms or gale damage. The guarantee does not include labour costs for re-covering the polytunnel. Manufacturer’s terms and conditions of warranty apply.

10.1.3 The period of the guarantee commences from the date of delivery.

10.1.4 The guarantee stated does not cover rebuilding costs or any consequential losses,

10.1.5 No guarantee can be offered where parts are purchased individually and used on existing structures or for other purposes.

10.1.6 Whilst every care is taken to ensure our products are of the highest possible quality, the NP Structures liability shall not exceed the value of the defective item or the total invoice value.

10.2 NP Structures offers no warranties or guarantees in respect of products it sells which are manufactured by third parties, but wherever possible will pass the benefit of any warranty or guarantee it receives from the manufacturer to the Customer.

10.3 For the avoidance of doubt, NP Structures shall not be liable for any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence, acts of god or use otherwise than as recommended by NP Structures, failure to follow the manufacturer’s instructions, or any alteration or repair carried out without the approval of NP Structures.

10.4 Any claim by you that the Goods are defective or fail to correspond with their description shall be notified to NP Structures Limited in Writing within seven days of delivery or (where the defect was not apparent on reasonable inspection) within seven days of discovery of the defect: If you do not notify us of your claim within the seven days and in Writing as stated above, you shall not be entitled to reject the Goods and we shall have no liability for the defect or failure.

10.5 No materials will be accepted for credit without prior notice in writing, stating date of purchase, invoice number and reason for return. All goods returned if ordered incorrectly by the customer will be credited, less carriage charge and a 15% restocking fee. No refund will be given on incorrectly ordered non-standard items.

10.6 Upon receipt of your claim NP Structures shall arrange for inspection of the rejected Goods. NP shall either, at its option, refund the full Price and delivery charges, or replace the Goods. If it is possible to repair or alter the Goods so that they do conform to their specification and warranted quality standards within a reasonable time period, then NP Structures may choose to so repair or alter them. NP Structures shall thereafter have no further liability towards the Customer.

11 Your right to cancel

11.1 If you are a consumer (as defined in The Consumer Protection (Distance Selling) Regulations 2000), you have the right to cancel the Contract at any time up to the end of seven working days after you receive the Goods. A working day is any day other than weekends and bank or other public holidays.

11.2 To exercise your right of cancellation, you must give written notice to NP Structures Limited at the following address, giving details of the Goods ordered and (where appropriate) their delivery: NP Structures Ltd, Mill Green, Waterside road, Colne, Lancashire, BB8 0TA

11.3 If you exercise your right of cancellation after the Goods have been delivered to you, you will be responsible for returning the Goods to NP Structures at your own cost. The Goods must be returned to the address shown in Clause 11.2, be in their original packaging, be in their original condition, and you must enclose the order number with the package. You must ensure that the Goods are not damaged in the meantime or in transit.

11.4 Once you have notified us that you are cancelling the Contract, NP Structures will refund or credit you within 30 days from receipt of goods for any sum that has been paid by you or debited from your credit card for the Goods.

11.5 If you do not return the Goods as required, NP Structures may charge you a sum not exceeding the direct costs of recovering the Goods.

11.6 This Clause 11 shall not apply to Orders for Goods to be manufactured to the Customer’s specifications where such Goods cannot easily be sold to other customers.

12 Exclusion of liability

12.1 Except in respect of death or personal injury caused by NP Structures negligence, or liability for defective products under the Consumer Protection Act 1987, NP Structures shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under an express term, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply in accordance with the Contract or at all) or the use or resale of the Goods by the Customer, and the entire liability of NP Structures under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions. This clause shall not affect your statutory rights as a consumer.

13 Export Goods

13.1 In the case of orders for Export Goods the Customer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them, unless otherwise agreed in Writing.

14 Force Majeure

14.1 NP Structures shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of NP Structures’ obligations in relation to the Goods, if the delay or failure was due to any cause beyond NP Structures’ reasonable control.

15 General

15.1 The Contract shall be governed by the laws of England and Wales and any dispute between us will be resolved exclusively in the courts of England and Wales. English is the only language offered for the conclusion of the contract.

15.2 We do not guarantee that our website will be compatible with your PC, and we accept no liability for any corruption or loss of data held on your PC, or any liability for any other loss or damage of any kind caused to your PC resulting from use of this website.

15.3 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its email address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

15.4 No waiver by NP Structures of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

15.5 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

15.6 The Contract constitutes the entire agreement and understanding of the parties and supersedes all prior oral or written agreements, understandings or arrangements. No change may be made to the Contract except in Writing signed by duly authorised representatives of both parties.

15.7 The fact that these Conditions are displayed electronically or transmitted via the Internet shall not affect their validity or enforceability.

15.8 Due to our policy of continuous improvement, NP Structures reserves the right to alter any specification or price without prior notice.

Construction Terms & Conditions

Document Ref: T&CEW-V1-11210

1. Definitions

In these Conditions:

“Contract” means the contract between the Client and the Contractor for the Works comprising the Quotation, Contractor and Client responsibilities for construction works, these Terms & Conditions, and the other documents specified in the Quotation;

“Contractor” means
NP STRUCTURES LTD

“Contract Price” means the price payable by the Client to the Contractor for the Works, as shown in the Quotation, (and as varied in accordance with the Contract);

“Client” means the person named as such in the Quotation;

“Quotation” means the Contractor’s signed Quotation referring to these Conditions;

“Works” means the works described in the Quotation.

2. Contract Formation

Acceptance of the Contractor’s Quotation by the Client constitutes the
Contract for the Contractor to carry out the Works in accordance with these Terms & Conditions.

3. General Obligations

3.1 The Contractor will exercise reasonable skill and care in the performance of the Works.

3.2 The Client is responsible for obtaining any planning permission required for the Works. The Contractor will be responsible for obtaining permits and licences needed in the course of the Works and the Client will give reasonable assistance as required by the Contractor. The cost of obtaining these permits and licences is not included in the Contract Price unless otherwise stated. Such permission to have been obtained prior to any works commencing so that there are no hold ups.

4 Access

4.1 The Client will give the Contractor access to its premises as reasonably required by the Contractor to enable it to carry out and complete the Works without interference by the Client or by other contractors of the Client.
Clear delivery access to the worksite will be available, with enough workable area to build the structure and space for storage of component parts. Any access restrictions must be detailed by the Client at the point of order to allow sufficient time for necessary arrangements to be made.

4.2 Any delivery that is delayed accessing site or has to be turned away from site due to access restrictions that were not highlighted at the point of order and thus causing delay to the project will incur an additional charge equal to costs incurred.

4.3 The Client will be contacted prior to the start of the works to inform them of the arrival of the construction team.

4.4 If the works start date is changed by the Client less than 1 week before any previously agreed start date, NP structures cannot guarantee a new start date or any previous timescale for the duration of the works.

4.5 The construction team will have full access to the worksite during normal working hours throughout the duration of the project. Normal working hours are Mon – Fri 8am – 6pm
Any restrictions or changes to working hours must be declared in writing at the point of order. Any delay to the project due to undeclared or unforeseen restrictions on working hours will incur extra cost.

4.6 Any site specific regulations that the construction team is required to work within must be supplied to NP Structures in writing prior to the construction team arriving on site and no later than 48 hours prior to the schedule works. If these are not declared and subsequent cost are incurred we reserve the right to charge costs equal to costs incurred.

4.7 It is the responsibility of the Client to ensure that the worksite is closed to General Access for the duration of the Works. If the site needs to be fenced or public need to be restrained from entering the construction site this will, be the responsibility of the customer. Any such fence or restraints will be in place prior to works commencing.

5 Site Conditions

5.1 The client will ensure that the site will be clear of all debris and obstructions and be in good workable condition prior to the construction team arriving on site.

5.2 The client will ensure that the site will be accessible to plant and machinery without difficulty and general working conditions under foot will be suitable for the task at hand.

5.3 It is the clients responsibility to ensure that the site is level within the tolerances required by the structure that is to be erected.

5.4 Poor site conditions include, but are not limited to, the following: Flooded work site (water should be running away from the site not standing) Poor ground conditions can include any condition which does not allow the contactor to carry out has work in a reasonable manner. Changes in underground conditions, e.g. concrete slabs, services, etc
Newly laid earth

5.5 The Client is required to notify NP Structures of any underground or overhead services prior to the construction team arriving on site. Any delays or obstructions to the project caused by underground or overhead services that have not been previously highlighted will incur extra cost.
NP Structures will not be responsible, for nor accept any claims for, damages or repairs to services that have not been clearly highlighted before the commencement of the project.

5.6 Any delay due to poor site conditions will be charged at the current rate, or equal to costs incurred.

5.7 Once delivered to site it is the responsibility of the Client to ensure the security of all components against theft or damage. Any replacement materials needed for parts or materials lost, stolen or damaged whilst in the responsibility of the Client or any delay associated therewith will be charged at extra cost borne by the client.

5.8 Unless otherwise stated the Client will provide suitable welfare facilities for use by the construction team for the duration of the Works these include a toilet facility and hot and cold running water.

6 Plant Hire

6.1 If outlined in the quotation the contractor will arrange and pay for the hire of plant and equipment necessary for the project. Any additional plant or equipment needed due to unforeseen site conditions or issues will be charged equal to costs incurred.

6.2 Suitable access must be provided by the Client for the delivery and use of plant and equipment whilst on site.

7 Groundworks

7.1 The contractor will carry out the ground works for the structure in accordance with the specification as detailed in the quotation.

7.2 The materials for the foundation will be supplied by either the client or contractor as detailed in the quotation. If supplied by the contractor the materials will be supplied in accordance with the project specification any additional materials required will be charged to the client at cost.

7.3 During the groundwork’s phase any Costs incurred as a result of unforeseen site restrictions or conditions will be charged at the current rate, or equal to costs incurred.

7.4 Unless otherwise stated in the quotation the client is responsible for removal of any spoils from site and will provide and pay for any skips or costs incurred for spoil removal. The contactor will stock pile or load into skips any spoils arising from the groundwork’s.

7.5 Any hazardous materials found on site will be the sole responsibility of the client. Costs incurred to the contractor due to hazardous materials will be charged at the current rate, or equal to costs incurred.

8 Erection of the structure

8.1 The contractor will erect and install the structure in accordance with the specification as detailed in the quotation.

8.2 The contractor cannot be held responsible for any delays to the works caused by issues beyond their control, e.g. poor weather conditions or any other unforeseen circumstances.

8.3 The contractor will endeavour to complete the project on time however will not incur any claim for direct, indirect or consequential loss incurred by the Client if the project is not completed on time.

9 Reinstatement of Floor Finishes

9.1 Unless otherwise detailed in the quotation, no allowance has been made for the reinstating of any surfaces disturbed during the installation of the structure. It will be assumed that the existing surface is to be replaced or repaired by others on completion of the works.

9.2 Where no preference has been detailed by the Client, no claim will be accepted for surface repair or replacement once work has commenced on site.

10 Variation

10.1 If the Client wishes to omit or vary any of the Works (or any design or materials) he must inform the Contractor in writing before the works are completed who will, as soon as practicable, notify the Client of the estimated cost of the variation and the likely effect on the Contract period and Completion Date.

10.2 Unless the Client withdraws his request for a variation when he receives the Contractor’s estimate, the Contract Price will be adjusted in accordance with the Contractor’s quotation (or as otherwise agreed between the Client and the Contractor) and an appropriate extension of time for completion of the Works shall be agreed. If an appropriate amount of time cannot be agreed, the Contractor’s decision will be final.

10.3 If a variation is made orally, either the Contractor or the Client will confirm it in writing within 24 hours.

10.4 The Contractor will notify the Client if it encounters any difficulties which it could not have reasonably foreseen when submitting the Quotation and in those circumstances, a fair and reasonable adjustment to the Contract Price and Contract period will be made.

10.5 The Contractor reserves the right not to comply with any requests for a variation which would increase the value of the Works by more than 25% of the original Contract Price, unless the client pays any costs associated with this variation and any delay reasonably expected in being able to accommodate this variation up front.

11 Contract Price & Payment

11.1 The Contract Price is stated in the Quotation and it may be varied in accordance with these Conditions.

11.2 The Client shall pay the Contractor the Contract Price in accordance with the payment terms in the Quotation. Unless otherwise stated in the Quotation, the Contractor will submit an invoice to the Client for any extra work carried out and materials purchased the invoice must be paid within 21 days of the invoice date.

11.3 If the Client disputes any part of an invoice and wishes to withhold any amount, he must notify the Contractor at least 14 days before the payment date with a statement setting out the amount(s) he proposes to withhold and the reasons. The undisputed parts of an invoice must be paid and any disputed amount will be dealt with under clause 15 (Disputes). Except as stated in this clause, the Client shall not withhold any money or set off any amount against invoices of the Contractor.

11.4 If the Client fails to pay any amount properly invoiced, the Contractor can give 24 hours notice to suspend work until the payment is received. Any period of suspension will entitle the Contractor to any additional costs he incurs as well as an extension of time for completion of the Works.

11.5 Late payment entitles the Contractor to interest at the statutory rate of interest under the Late Payment of Commercial Debts (Interest) Act 1999 from the due date until the date of actual payment.

11.6 Prices are quoted exclusive of VAT which will be added as appropriate and payable by the Client. The Contractor will issue a valid VAT invoice or receipt for each such amount.

12 Insurance & Liability

12.1 The Contractor shall take out and maintain the following insurances (except as otherwise agreed or stated in the Quotation):

• Construction All Risks insurance for the full reinstatement value of the Works (unless the Works are in an existing building, when 2.3 will apply).
• Public Liability Insurance for [£5,000,000].
• Employer’s Liability Insurance.

12.2 The Contractor will provide the Client upon request during the Contract period evidence that the insurances are in place.

12.3 Where the Works are to be carried out in an existing building, the Client will be responsible for insurance of the Works.

13 Duration, Handover & Liability

13.1 The Contractor does not commit to a Start Date and End Date unless requested by the Client and shown in the Quotation.

13.2 The Contractor will notify the Client of becoming aware of any event beyond his control or otherwise which may prevent or delay completion of the Works by the Completion Date. The notice will specify the cause of the delay, the likely effect on the Completion Date and the Contractor’s proposals for dealing with the matter. The Completion Date will then be extended as agreed by the parties or, failing agreement, decided under clause 15.

13.3 The Contractor will give the Client notice of its intention to hand over the Works and give the Client the opportunity to inspect the Works upon completion if the client fails to attend this inspection he shall forfeit this opportunity and any guarantees offered by the Contractor. The Contractor will then ask the client to sign a completion form issued by the contractors manager on site, when signed the site is handed back to the client.

13.4 The Contractor will be responsible for remedying defects in the Works which appear within 1 month from the date of handover and which are promptly notified to the Contractor by the Client who will give the Contractor full access to carry out any remedial works. Defects in design or materials supplied by the Client and defects attributable to fair wear and tear or to misuse or failure by the Client to comply with any operating or maintenance manuals will not be the responsibility of the Contractor.

13.5 Where equipment or materials used in the Works have the benefit of a manufacturer’s warranty, the Contractor will take steps to procure that the Client has the benefit of that warranty. The Contractor will not be liable for any defect in the equipment or materials except to the extent that this is due to the Contractor’s negligence.

13.6 Except for his liability to remedy any defect for which he is responsible and which are notified to him within 3 months of the handover date, the Contractor will have no liability to the Client, in contract or in tort, for any other direct, indirect or consequential loss incurred by the Client, including but not limited to loss of use or loss of profit.

13.7 Due to the nature of cladding structures with polyethylene or pvc we may from time to time cause minor damage to the covering while fixing to the structure, in this instant the client will accept that the contractor may repair the covering and warrant the repair for the life of the material.

13.8 Due to the nature of cladding structures with polyethylene or pvc the contractor cannot be liable for coverings that are fitted tight in the winter months then go loose when the temperature raises these must be re-tensioned as part of the structures general maintenance when the temperature raises.

14 Termination

14.1 The Contractor may give notice to terminate the Contract if the Client fails to make any payment to the Contractor within 14 days of the payment date or commits any other material breach of the Contract.

14.2 The Client may give notice to terminate the Contract if the Contractor commits a material breach and, in the case of a breach capable of remedy, fails to take steps to remedy the breach within 28 days of being requested to do so in writing.

14.3 Either party may terminate the Contract if the other party becomes insolvent or has a receiver, manager or administrative receiver or liquidator appointed.

14.4 Termination will not affect the accrued rights and liabilities of the parties at the termination date.

15 Disputes

15.1 The parties will endeavour to settle any dispute or difference amicably by direct negotiation.

15.2 If they are unable to settle the dispute, it may be referred by either party to adjudication in accordance with the CEDR (Centre for Effective Dispute Resolution) Adjudication Rules. The decision of the adjudicator will be final and binding on the parties unless a notice of dissatisfaction is served by either party on the other within 28 days of the decision.

15.3 Any dispute that is not resolved by negotiation or adjudication will be finally settled by the courts of England and Wales.

15.4 The Contract is governed by the laws of England and Wales.

16 Materials

16.1 Where the Client provides materials to the Contractor free of charge, those materials shall remain the property of the Client and used solely in connection with the Contract. Any materials surplus to requirements shall be returned to the Client or disposed of at the Client’s direction.

16.2 Client materials stored at the Client’s property shall be insured by the Client and if lost or damaged while in the custody of the Client shall be replaced or made good at the Client’s expense. Materials that are lost or damaged while in the custody of the Contractor shall be replaced or made good at the Contractor’s expense.

17 General

17.1 Notices. Every notice shall be in writing and delivered by hand or sent by first class post to the address of the recipient. A notice sent by post shall be treated as having been received two working days after posting. A notice delivered by hand shall be treated as having been received at the time of delivery unless this is after the normal working hours of the recipient, in which case delivery shall be treated as occurring at 9.00 a.m. on the next working day.

17.2 Assignment. Neither party will assign any of its rights or obligations under the Contract without the prior written consent of the other.

17.3 Subcontracting. The Contractor can sublet all of the Works but Subcontracting will not relieve the Contractor of his obligations under the Contract.

17.4 Entire Agreement. The Quotation and these Conditions constitute the only agreement between the parties and supersede any previous arrangements, agreements or understandings relating to the Works.

17.5 Amendment. Any amendment to the terms of the Contract shall only be effective if in writing and signed by an authorised signatory of the Client and the Contractor.

17.6 No Reliance on Warranties. The Client acknowledges that he has not relied on and will have no remedy in respect of any statement, representation, warranty, or undertaking of any person (whether a party to this Agreement or not) other than is expressly set out in the Contract. However, nothing in this clause shall limit or exclude liability for fraud.

17.7 Severance. If any provision of the Contract becomes illegal or unenforceable, this shall not affect the legality or enforceability of any other provision of the Contract. In that situation the parties shall, where possible, use reasonable endeavours to agree an alternative provision(s) which is legally enforceable.

17.8 Waiver. The waiver by either party of a breach by the other in the performance of its obligations under the Contract shall not constitute a waiver of any default nor shall failure to complain of any default constitute a waiver of that default by the other.

Plant Hire Terms & Conditions

Definitions
1. The “Contract” is the Contract between NP Structures ltd (the owner) and the Hirer for the hire of Plant, which incorporates the Offer and is governed by these conditions.
2. The “Hire Period” shall commence when either the Plant leaves the Owner’s depot or place where last employed; and shall continue until the Plant is received back at the Owner’s named depot or other agreed location. For the avoidance of doubt the Hire Period includes any time the Plant is being transported to or from site; or is left on site during evenings, nights, weekends, or any Holiday Period.
3. The “Hirer” is the Company, firm, person, Corporation, or public authority taking the Owner’s Plant on hire and includes their successors or personal representatives.
4. “Holiday Period” covers any cessation of work over Easter, Christmas, and the New Year, as well as any other Bank or Public holidays.
5. “Offer” is the Owner’s offer to hire the Plant to the Hirer which will include details of the Plant to be hired, the Hire Period, relevant hire rates and charges and any supplementary conditions to be incorporated into the Contract.
6. The “Owner” is the Company, firm or person letting the Plant on hire and includes their successors, assignees, or personal representatives.
7. “Plant” covers all classes of Plant, or replacement Plant, machinery, vehicles, equipment, accessories, and any ancillary items, welfare units, accommodation, vehicles,or equipment therefor, which the Owner agrees to hire to the Hirer including any personnel, or anything which is supplied by the Owner to effect the hire, and anything supplied by the Owner for the safe operation and routine inspection and maintenance of the Plant.
8. A “Working Day” shall be from 8.00 am to 4.30 pm, Monday to Thursday, and 8.00 am to 3.30 pm, on Friday allowing a half-hour lunch break each day, unless otherwise specified in the Contract.
9. A “Working Week” covers the period from 8.00 am on Monday to 3.30 pm on Friday, unless otherwise specified in the Contract.
Extent of Contract
No terms, conditions, or warranties other than as specifically set forth inthe Offer shall be deemed to be incorporated or to form part of the Contract or shall otherwise govern the relationship between the Owner and the Hirer in relation to the hire of any particular Plant pursuant to the Offer. This excludes all other terms or conditions which the Hirer may seek to apply under any order or acknowledgement or acceptance or similar document and supersedes all prior negotiations, representations, or agreements, whether written or oral unless and to the extent that they are expressly accepted in writing and signed by the Owner. The Owner and the Hirer do not intend that any of the terms of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to the Contract, except that a person who is a successor to or an assignee of the rights of the Owner is deemed to become a party to the Contract after the date of succession or assignment (as the case may be).
Acceptance of Plant
Acceptance of the Plant or any personnel supplied by the Owner on site implies acceptance of all terms and conditions herein unless otherwise previously agreed in writing.
Unloading and Loading
The Hirer shall be responsible for the unobstructed access and egress to the site, and where applicable any access road to the site and, unless otherwise agreed in writing, for unloading and loading of the Plant at the site or on the access road; and any personnel supplied by the Owner for such unloading and/or loading shall be deemed to be under the direction and control of the Hirer. Such personnel shall for all purposes in connection with their employment in the unloading and/or loading of the Plant be regarded as the servants or agents of the Hirer (but without prejudice to any of the provisions of clause 13) who shall be solely responsible for all claims arising in connection with unloading and/or loading of the Plant by, or with the assistance of, such personnel.
Delivery in Good Order and Maintenance: Inspection Reports
1. Unless written notification is received by the Owner within 24 hours from the commencement of the Hire from the Hirer, the Plant shall be deemed to be in good order, save for either an inherent fault or a fault not ascertainable by reasonable examination, in accordance with terms of the Contract and to the Hirer’s satisfaction, provided that where the Plant requires to be erected on site, the periods stated above shall be calculated from the date of completed erection of Plant. The Hirer shall be responsible for the safe keeping of the Plant, its use in a workmanlike manner within the manufacturer’s rated capacity and in accordance with the manufacturer’s and/or the Owner’s recommendations, and its return on the completion of the Hire Period in equal good order (fair wear and tear excepted).
2. The Hirer shall at all times when hiring Plant without the Owner’s operator or driver take all reasonable steps to keep themselves acquainted with the state and condition of the Plant. If such Plant is continued at work or in use in an unsafe and unsatisfactory state or environment, the Hirer shall be solely responsible for any damage, loss, cost, expense, or accidents whether directly or indirectly arising therefrom.
3. Any inspection report required under the relevant legislation, or a copy thereof, shall be supplied by the Owner, if requested by the Hirer, and returned on completion of the Hire Period.
Servicing and Inspection
The Hirer shall at all reasonable times allow the Owner, the Owner’s agents, or insurers to have access to the Plant to inspect, test, adjust, repair, or replace the same. The to charge the Hirer for any inspection or maintenance work carried out on the Plant The Hirer is deemed to have knowledge of the site, the site’s access road, the property or land where the Plant is to be delivered or collected, loaded or unloaded, to work on, travel over, be transported over, be erected or dismantled on is suitable for the use of such Plant, and any electronic interference which may affect the Plant.
1. Subject to 7(1), if, in the opinion of the Hirer, the ground (including any private access road or track) is soft or unsuitable for the Plant, then the Hirer shall supply and lay suitable support in a suitable position for the Plant.
2. Any suitable support supplied by the Owner is provided solely to assist the Hirer under their duties within clause 7(2) and expressly not to relieve the Hirer of their legal, regulatory, or contractual obligations to ensure adequate stability of the Plant.
3. The Hirer is responsible for the protection of, and liable for any damage to, any underground, surface or above ground services and utilities including, but not limited to cables, ducts, water pipes and gas lines, and any pavements, bridges, tunnels, and roadways on or adjacent to the site and the Hirer shall liaise as necessary and comply with all requirements of the relevant statutory authority or similar body.
Handling of Plant
1. When a driver or operator or any person is supplied by the Owner with the Plant, the Owner shall supply a person competent in operating the Plant or for such purpose for which the person is supplied and such person shall be under the direction and control of the Hirer. Such drivers or operators or persons shall for all purposes in connection with their employment in the working of the Plant be regarded as the servants or agents of the Hirer (but without prejudice to any of the provisions of clause 13) and the Hirer shall be solely responsible for all site costs and claims arising in connection with the operation of the Plant by the said drivers/ operators/persons.
2. The Hirer shall not allow any other person to operate such Plant without the Owner’s prior written consent.
3. Such drivers or operators or persons shall not operate any other plant or machinery or undertake work other than that for which they are supplied by the Owner unless previously agreed in writing between the Owner and the Hirer.
Breakdown, Repairs and Adjustment
1. Any breakdown or the unsatisfactory working of or damage to any part of the Plant must be notified immediately to the Owner and confirmed in writing. Any claim for breakdown time will only be considered from the time and date at which written notification is received and acknowledged by the Owner.
2. Full allowance for the hire charges set out in the Offer will be made to the Hirer for any stoppage due to breakdown of the Plant caused by the development of either an inherent fault or a fault not ascertainable by reasonable examination or fair wear and tear and for all stoppages for normal running repairs in accordance with the terms of the Contract.
3. The Hirer shall not repair, modify, or alter the Plant without the prior written permission of the Owner including without limitation the changing or repair of any tyre/puncture). The Hirer is responsible for all costs incurred in the changing or replacement of any tyre (which must be of an equivalent specification) as approved by the Owner and for the repair of any puncture.
4. The Hirer shall be responsible for all expense involved arising from any breakdown, unsatisfactory working of or damage to any part of the Plant due to the Hirer’s negligence, misdirection, or misuse of the Plant, whether by the Hirer or their servants, and for the payment of hire at the idle time rate as defined in clause 25, during the period the Plant is necessarily idle due to such breakdown, unsatisfactory working or damage. The Hirer is responsible for the cost of spares and/or repairs due to theft, loss, or vandalism of the Plant. The Owner will be responsible for the cost of repairs, inclusive of the cost of spares, to the Plant involved in breakdown from all other causes.
Other Stoppages
1. No claims will be admitted (other than those allowed for under “Breakdown” (clause 9) or for “Idle Time” (clause 25), as herein provided), for stoppages through causes outside the Owner’s control, including but not limited to adverse weather and/or ground conditions nor shall the Owner be responsible for the cost or expense of recovering any Plant from soft or unsuitable ground, or a hazardous environment. For the avoidance of doubt, the Hirer shall be responsible for the cost and expense of recovering any Plant from soft or unsuitable ground or a hazardous environment.
Loss of Other Plant Due to Breakdown
Each item of Plant specified in the Contract is hired as a separate unit and the breakdown or stoppage of one or more units or vehicles (whether the property of the Owner or otherwise) through any cause whatsoever, shall not entitle the Hirer to compensation or allowance for the loss of working time by any other unit or units of Plant working in conjunction therewith, provided that where two or more items of Plant are expressly hired together as a unit, such items shall be deemed to be one unit for the purpose of breakdown.
Limitations of Liability
Except for liability on the part of the Owner which is expressly provided for in the Contract (including these clauses):
1. the Owner shall have no liability or responsibility for any loss, or damage of whatever nature due to or arising through any cause beyond the Owner’s reasonable control.
2. the Owner shall have no liability or responsibility, whether by way of indemnity or by reason of any breach of the Contract, breach of statutory duty or misrepresentation or by reason of the commission of any tort (including but not limited to negligence) in connection with the hire, for any of the Hirer’s loss of profit, loss of use of the Plant or any other asset or facility, loss of production or productivity, loss of contracts with any third party, liabilities of whatever nature to any third party, and/or any other financial or economic loss or indirect or consequential loss or damage of whatever nature; and
3. whenever the Contract (including these clauses) provides that any allowance is to be made against hire charges, such allowance shall be the Hirer’s sole and exclusive remedy in respect of the circumstances giving rise to the allowance, and such remedy shall be limited to the amount of hire charges which would otherwise be or become due if the allowance in question had not been made.
4. For the avoidance of doubt, nothing in these conditions limits or seeks to exclude the Owner’s liability for claims of death or personal injury caused by the Owner’s negligence, fraud or for any other liability for which it is not permitted to seek to limit or exclude by operation of law.
Hirer’s Responsibility for Loss and Damage
1. For the avoidance of doubt, it is hereby declared and agreed that nothing in this clause affects the operation of clauses 4, 5, 8 and 9 of these conditions.
2. For the duration of the Hire Period (which for the avoidance of doubt includes the time Plant is left on site during a Holiday Period) the Hirer shall, subject to the provisions referred to in sub paragraph (a) be liable for all loss of or damage to the Plant, and shall also fully and completely indemnify the Owner and any personnel supplied by the Owner in respect of all claims by any person whatsoever for injury to person or property caused by or in connection with or arising out of the storage, transit, transport, unloading, loading or use of the Plant during the continuance of the Hire Period, and in connection therewith, whether arising under statute or common law. In the event of loss of or damage to the Plant, hire charges shall be continued at idle time rates as defined in clause 25 until the settlement has been agreed. Payment of the settlement must be made within 21 calendar days of the date of the agreement or idle time charges can be reinstated from the date of that agreement. Should idle time charges be re-instated, the agreed settlement figure remains payable in full.
3. For the avoidance of doubt, notwithstanding any agreement by the Owner to waive hire charges after any agreed period of use of the Plant, the Hirer’s obligations specified under clause 13(2) shall continue for the
  duration of the Hire Period.
4. Notwithstanding the above the Hirer shall not be responsible for damage, loss, or injury, subject to clauses 1(2) and 7:
  1. prior to delivery of any Plant to the site (or, where the site is not immediately adjacent to a highway maintainable at the public expense, prior to its leaving such highway) where the Plant is in transit by transport of the Owner or as otherwise arranged by the Owner,
  2. during the erection and/or dismantling of any Plant where such Plant requires to be completely physically erected/dismantled on site, provided always that such erection/dismantling is under the exclusive control of the Owner or their agent,
  3. after the Plant has safely been removed from the site, and until it is in transit on a highway maintainable at the public expense (or where the site is not immediately adjacent to a highway maintainable at the public expense including the site’s access road, after it has safely joined such
    highway) to the Owner by transport of the Owner or as otherwise arranged by the Owner (excluding always on such occasion that the Plant is on a Public Highway (or access road) during the currency of the hire and is being utilised by the Hirer)
  4. where the Plant is travelling to or from a site on a highway maintainable at the public expense (or, where the site is not immediately adjacent to a highway maintainable at the public expense including the site’s access road, prior to its leaving or after its joining such highway) under its own power with a driver supplied by the Owner (excluding always on such occasion that the Plant is on a Public Highway (or access road) during the currency of the hire and is being utilised by the Hirer).
Notice of Accidents
If the Plant is involved in any accident resulting in injury to persons or damage to property, immediate notification must be given by the Hirer to the Owner by telephone and confirmed in writing to the Owner no later than 24 hours after such telephone notification. In relation to any claim in respect of which the Hirer is not bound to fully indemnify the Owner, no admission of liability, offer, promise of payment or indemnity shall be
made by the Hirer without the Owner’s prior written permission.
Re-hiring etc.
Neither the Plant nor any part thereof shall be re-hired, sub-let, or lent to any third party without the prior written permission of the Owner.
Change of Site
The Plant shall not be moved from the site to which it was delivered or consigned without the prior written permission of the Owner.
Return of Plant for Repairs
If during the Hire Period the Owner decides that urgent repairs to the Plant are necessary then the Owner may arrange for such repairs to be carried out on site or at any location of the Owner’s nomination. In the event that urgent repairs to the Plant are necessary the Owner shall be obliged to replace the Plant with similar Plant if available, the Owner (but without prejudice to any of the provisions of clauses 9 and/ or 13) paying all transport charges involved. In the event of the Owner being unable to replace the Plant the Owner shall be entitled to terminate the Contract forthwith (but without prejudice to any of the provisions of clauses 9 and/or 13) by giving written notice to the Hirer. If such termination occurs:
1. within three months from the commencement of the Hire Period, the Owner (but without prejudice to any of the provisions of clauses 9 and/or 13) shall pay all transport charges involved, or,
2. more than three months from the commencement of the Hire Period, the Owner (but without prejudice to any of the provisions of clauses 9 and/or 13) shall be liable only for the cost of reloading and return transport.
Basis of Charging
1. The Hirer shall render to the Owner for each Working Week an accurate statement of the number of hours the Plant has worked each day. When any personnel, operator or driver is supplied by the Owner, the Hirer shall sign their time record sheets. The signature of the Hirer’s representative shall bind the Hirer to accept the hours shown on the time records sheets. Where applicable, the Plant’s telematics may be checked against the Hirer’s statement or operator’s signed timesheet, should any conflict arise, then the telematics will take precedence over all other records. (If there is any conflict between the signed timesheet and any
  other record taken, then the signed timesheet takes precedence.)
2. The Hirer shall be charged for any toolbox talks, briefings, inductions, mandatory training which the Owner’s personnel have to attend prior to or when working on the Hirer’s site.
3. Full allowance will be made for breakdown periods resulting from mechanical or electrical faults or absence of driver or operator supplied by the Owner except where breakdown is due to acts or omissions of third parties and/or the Hirer’s misuse, misdirection or negligence, subject however to the provisions of clause 8 of these conditions.
4. Breakdown time in respect of such periods shall be allowed for not more than the Working Day less the actual hours worked.
5. Plant shall be hired out either:
  1. for a stated minimum number of hours per Working Day or per Working Week or,
  2. without any qualification as to minimum hours. Odd days at the beginning and at the end of the Hire Period shall be charged pro rata.
6. Stoppages due to changing of tyres and repairs to punctures will be chargeable as working time up to a maximum of 2 hours for any one stoppage and any excess will be charged for at the appropriate idle time
  rates.
7. In the case of Plant which is required to be dismantled for the purpose of transportation, if the Owner agrees to a modification of the hire charge for the period required for assembling on site and dismantling upon completion of the Hire Period, such modification of the hire charge and the Hire Period for which it shall apply shall be stated in the Offer/Contract.
8. The Hirer shall pay the Owner’s invoice within 30 days net unless otherwise agreed.
  1. Any query with the Owner’s invoice must be raised in writing by the Hirer within 14 calendar days of receiving the invoice.
  2. The Owner in their absolute discretion may agree to accept electronic records and data as an alternative to written statements of the number of hours, time record sheets and other information related to charging that the Hirer is required to provide to the Owner. Such electronic records and data may include but is not limited to telematics automatically generated by the plant and electronic log books.
Plant Hired on a Daily Basis Without Qualification as to Hours
The full daily rate will be charged on a daily basis irrespective of the hours worked except in the case of breakdown for which the Owner is responsible, when the actual hours worked will be charged pro rata of the
average Working Day. No hire charge shall be made for Saturday and/or Sunday unless at the Hirer’s request, the Plant is actually worked or has been delivered to site or is on standby. The Hirer must inform the Owner if
the Plant is going to be used at these times.
Plant Hired by the Week or Month Without Qualification as to Hours
The weekly or monthly rate shall be charged irrespective of the number of hours worked, except in the case of breakdown for which the Owner is responsible when an allowance pro rata of the agreed weekly rate or pro
rata of the agreed monthly rate will be made for each full Working Day broken down calculated to the nearest half Working Day.
Plant Hired by the Week or Month With Qualification as to Hours
The full hire for the period in the Contract will be charged as per the Working Day or Working Week and an additional pro rata charge will be made for hours worked in excess of such period. An allowance will be made for breakdowns for up to the entirety of that Working Day providing always that where the actual hours worked are in excess of the breakdown time, the actual hours worked shall be chargeable. Idle time for this purpose shall be treated as actual working time. An allowance may be made for any Holiday Period that falls within the Working Day or Working Week, provided that the Plant is not available for the Hirer to use during that time.
“All-In” Rates
Where “All-In” rates are charged by agreement the minimum period shall be as defined in the Contract and in accordance with the hire rates and terms contained therein, subject to the provisions of clause 26.
Period of Charging
1. Within the Hire Period, an allowance may be made of not more than 1 day’s hire charge each way for travelling time. If the Plant is used on the day of travelling, full hire rates shall be paid for the period of use on that day. If more than 1 day is properly and unavoidably occupied in transporting the Plant, a hire charge at idle time rates shall be payable for such extra time, provided that where Plant is hired for a total period of less than one Working Week, the full hire rate shall be paid from the date of despatch to the date of return to the Owner’s named depot or other agreed location.
2. Should the Hirer delay the commencement of the Hire Period for whatever reason, then the Owner reserves the right to charge the Hirer the idle time rate as defined in clause 24 for the intervening period
3. If the Plant is not made available for collection as agreed between the parties, such Plant shall be deemed with immediate effect to be placed back on hire. The Hirer shall be responsible for the safekeeping of the
  Plant in accordance with clause 13, and for all the reasonable costs and expenses incurred by the Owner in seeking to collect such Plant.
4. Upon the completion of the Hire Period, the Hirer shall clean and where necessary, decontaminate the Plant. All fuel and contaminates will be removed from bunds, storage tanks and bowsers. The Hirer shall be liable for any costs, liabilities and expenses incurred by the Owner should the Hirer fail to comply with this clause.
Hirer’s Liability During the Notice of Termination of Contract
1. Where the intended duration of the hire of the Plant is indeterminate or having been defined becomes indeterminate the Contract shall be terminable by 7 working days’ notice in writing given by either party to the other except in cases where the Plant has been lost or damaged. Notwithstanding that the Owner may have agreed to accept less than 7 working days’ notice of termination, the Hirer’s obligations under clause
  13 shall continue until the Plant is returned to the Owner in accordance with clause 31 or until the Owner has collected the Plant within the 7 working days following the acceptance of short notice. Oral notice given by the Hirer to the Owner’s driver or operator shall not be deemed to constitute compliance with the provisions of this clause.
2. Without prejudice to clause 24(a), should the Hirer fail to make the Plant available for collection by the Owner before the end of the 7 working days’ notice, the Hirer’s obligations under clause 13 shall continue for a further 3 working days or until such time as the Plant is made available for collection and the Owner has collected the Plant. For the avoidance of doubt, where the Hirer gives a notice pursuant to clause 24(a) but subsequently and with the consent of the Owner, withdraws such notice, the obligations of clause 13 shall continue to apply and the requirements of clause 24 will apply to any later termination of the Contract.
3. If the Hirer terminates the Contract before the Hire Period commences, then the Hirer is liable for all reasonable costs and charges incurred by the Owner or to which the Owner is committed at the time of termination.
4. Should the Hirer terminate the Contract once the Hire Period has commenced, the Owner reserves the right to charge the Hirer the balance of the Contract. Where the Hire Period has not commenced but insufficient notice of cancellation is provided by the Hirer to allow the Owner to mitigate the effects of late cancellation, the Owner reserves the right (at its absolute discretion) to charge the Hirer the full balance of the charges for the Hire Period.
5. The Hirer may off-hire the Plant by written notification via an electronic device or application (app.). This off-hire will only be accepted by the Owner, provided the Owner issues an off-hire confirmation to the hirer.
Idle Time
When the Plant is prevented from working for a complete Working Week, the hire charges shall be two thirds of the hire rate or such other idle time rate as is agreed in writing by the Owner for the period during which the Plant is not in use. If the Plant works for any time during the Working Day, then the whole of that Working Day shall be charged as working time. In any case no period less than one Working Day shall be reckoned as idle time save for as provided for in clause 18(6). Where an “All-In” rate is charged, idle time is calculated on the machine element only. Full rate will be charged for the operator.
Wages and Other Chargeable Items Relating to Drivers and Operators of Plant
All chargeable items shall be paid by the Hirer at the rates set out in the Contract save that any subsequent increases before and/or during the Hire Period arising from awards under any wage agreements and/or from increases in the Owner’s statutory contribution shall be charged as additions at cost by the Owner and shall be admitted and paid by the Hirer.
Travelling Time and Fares
Travelling time, fares and similar expenses for drivers, operators and any person supplied by the Owner, incurred at the beginning and end of the Hire Period and where appropriate return fare of the driver, operator and any person supplied by the Owner to their home may be chargeable at cost. No charge shall be made by the Owner for any such expenses incurred by other employees of the Owner for the purpose of servicing, repair, or maintenance of Plant, unless necessitated by the Hirer’s negligence, misdirection, or misuse of the Plant.
Fuel, Oil and Power
1. Fuel, fuel additives or power shall when supplied by the Hirer and where instructed or specified by the Owner, be of a grade and type specified. The Hirer shall be solely responsible for all damages, losses,
  costs, and expenses incurred by the Owner if the Hirer fails to supply, maintain, or use the wrong/contaminated fuel, fuel additives or power rating.
  Fuel, fuel additives or power when supplied by the Owner, to be charged at an agreed cost.
2. If the Plant requires an electrical supply to either safely operate or recharge, then the Hirer will be responsible for the cost of providing the correct electrical supply, which will be available prior to the Plant’s delivery, and continue until the Plant has left the site. The Hirer shall ensure that all current Health and Safety and other applicable legislation and industry guidance is complied with including fitting, testing and inspection of the supply. The Hirer will indemnify the Owner against any and all damages, losses, or claims should the Hirer fail to do so.
Sharpening of Drills/Steels etc.
The cost of re-sharpening or replacement of drill bits, blades, bucket teeth and other ancillary items shall be borne by the Hirer.
Owner’s Name Plates
The Hirer shall not remove, deface, or cover up the Owner’s name plate or mark on the Plant indicating that it is the Hirer’s property, without the prior written permission of the Owner.
Transport
The Hirer shall pay the cost of and if required by the Owner, arrange transport of the Plant from the Owner’s depot or other agreed location to the site and return to the Owner’s named depot or other agreed location on completion of the Hire Period.
Government Regulations
1. The Hirer will be responsible for compliance with all relevant legislation, regulations, instructions, or guidance issued by the Government, Government Agencies, Local Authorities, statutory regulators, and
  Public/Corporate Bodies established by Parliament/Government including (without limitation) regulations under the Bribery Act, the Civil Aviation Act, the Construction (Design and Management) Regulations, the Environmental Acts, Factories Acts, the General Data Protection Regulation (GDPR), the Health and Safety at Work, etc. Act and observance of the Road Traffic Acts should they apply, including the cost of road fund licences and any insurances made necessary thereby, save that if and during such time as the Plant is travelling, whether for full or part journey from Owner to site and site to Owner under its own power with a driver supplied by the Owner, the Owner and not the Hirer shall be responsible
  as aforesaid.
2. For the avoidance of doubt, the Hirer shall indemnify the Owner against any and all charges, fines, or losses that the Owner may become liable for as a result of the Hirer utilising the Plant during the Hire Period.
Protection of Owner’s Rights
The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Plant except as provided under clause 15 and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all losses, damage, costs, charges, and expenses arising as a direct result of any failure to observe and perform this condition except in the event of Government requisition.
Termination and Suspension
1. The Owner may terminate the Contract forthwith by written notice to the Hirer if one or more of the following events occur:
  1. The Hirer defaults in punctual payment of any sum due to the Owner for hire of Plant or other charges payable pursuant to these conditions and fails to remedy such default within 10 working days or such other period as might be considered reasonable under the circumstances upon receiving written notice requiring it to do so;
  2. The Hirer fails to observe and perform the terms and conditions of the Contract and fails to remedy such default within 10 working days of receiving written notice requiring it to do so;
  3. The Hirer suffers, or the Owner reasonably believes that the Hirer shall suffer, any distress or execution to be levied against them;
  4. The Hirer makes or proposes to make any arrangement with their creditors or becomes insolvent within the meaning of Section 113 of the Housing Grants, Construction and Regeneration Act 1996 or any amendment or re-enactment thereof for the time being in force; or
  5. The Hirer does or causes to be done or permit or suffer any act or thing whereby the Owner’s rights in the Plant may be prejudiced or put into jeopardy.
2. In the event of termination under sub-paragraph (1) above:
  1. The Hirer must give the Owner or the Owner’s agents, immediate unobstructed access to recover the Plant.
  2. The Owner shall be entitled to claim the hire charges outstanding as at the date of termination of the hire under this clause and return transport charges under clause 31.
3. The rights under sub-paragraph (1) and (2) above:
  1. May be exercised notwithstanding that the Owner may have waived some previous default or matter of the same or a like nature.
  2. Shall not affect the Owner’s right to claim damages for breach of Contract or recover any sums due under the Contract as a debt.
4. If the Hirer does not make payment of a sum by the final date on which payment is due to be made, the Owner has the right to suspend performance of its obligations under the Contract. The right to suspend
  may not be exercised without first giving to the Hirer at least 7 working days’ notice in writing of the Owner’s intention to suspend performance, stating the ground or grounds on which the Owner intends to suspend performance. The right to suspend performance will cease when the Hirer makes payment in full of the amount due.
Changes in Normal Working Week
The foregoing provisions have been framed upon the basis of the Hirer working a 5-day week of 39 hours; it is hereby agreed that in the event of:
1. there being any agreed change in the normal weekly hours in the industry in which the Hirer is engaged or,
2. the Contract being made with reference to a 5-day week of other than 39 hours.
  Clauses 1(8) and (9), 18(d) and (e), 20 and (in regard to breakdown allowance and reduction for statutory holidays) 21 shall be deemed to be modified conformably and in the event of an alteration in the normal weekly working hours in the said industry the “Hire Rates and Terms” of Plant hired for a minimum weekly or daily period shall be varied pro rata.
Dispute Resolution
1. The Owner will determine which court will have exclusive jurisdiction and interpretation of the law for this Contract be it governed by the country where the Owner’s Head Office or site is located.
2. Both parties to the Contract have a right to refer any difference or dispute arising under or in connection with the Contract to adjudication and the procedure set out in Part 1 of the Scheme for Construction Contracts (England and Wales) Regulations 1998 or such equivalent legislation which confers on the parties the statutory right to adjudicate within the relevant jurisdiction (or any amendment or re-enactment thereof for the time being in force) will apply. The person (if any) specified in the Contract to act as adjudicator may be named in the Offer.
3. The Owner and the Hirer shall comply forthwith with any decision of the adjudicator; and shall submit to summary judgment and enforcement (and/or, under Scots law, shall consent to a motion for summary decree and submit to enforcement) in respect of all such decisions; in each case, without any defence, set-off, counterclaim, abatement, or deduction. Where, under Scots law, the Owner, the Hirer, or the adjudicator, wishes to register a decision of the adjudicator for execution in the Books of Council and Session, any other party shall, on being requested to do so, forthwith consent to such registration by subscribing the decision before a witness.
Late Payments
The Owner reserves the right to charge the Hirer for the late payment of any outstanding invoices under the Late Payment of Commercial Debts (Interest) Act 1998, or any subsequent legislation.
Severability
If any of these clauses are held to be unlawful, void, or unenforceable, then that clause will be deemed severable and will not affect the validity and enforceability of the remaining clauses, to the extent permitted by law.