The following are the STANDARD TERMS & CONDITIONS OF TRADING of 4 SITE PILING LTD. and shall not be varied without the express permission of 4 SITE PILING LTD.

These Terms & Conditions shall apply to any contract whenever it is the intention of the parties that no industry Standard Form of Building Contract will be concluded. Where the parties subsequently agree that a Standard Form of Building Contract is to be concluded, 4 SITE PILING LTD. shall be entitled to withdraw these STANDARD TERMS & CONDITIONS OR TRADING and issue their STANDARD TERMS & CONDITONS OF TRADING FOR MAJOR COMMERCIAL WORKS.

All tenders submitted and orders accepted, are deemed to be strictly in accordance with these Terms & Conditions. These Terms & Conditions take precedent over all other terms and conditions of any party, unless such amendments are expressly agreed in writing prior to entering into any contract to which these STANDARD TERMS & CONDISTIONS OF TRADING apply.

In these Terms & Conditions, the following definitions shall apply:

1. “the Client” shall mean the party who has accepted the Tender to which these Terms & Conditions apply.
2. “the Clients Representative” shall mean any contractor engaged by the client, to design, engineer or carry out works in connection with the site.
3. “4SP&CL or Us” shall mean 4 Site Piling Ltd.
4. “the Contract Documents” shall mean the Tender Document, the Tender Acceptance & Contract Agreement (TACA), these Standard Term and Conditions and any document issued by the Client accepting or purporting to accept PP & FL offer or appointing PP & FL to carry out the works.
5. “the Site and/or Works Area” shall mean the area where construction works are performed or the address of the works as the context implies.
6. “the Works” shall mean the whole of the operations that 4S&CL are contracted to undertake under the TACA.
7. Any other words or phrases shall be given the meaning that is custom within the construction industry.

GENERAL CONDITIONS

1. OFFER AND ACCEPTANCE:

The Tender Document to which these Terms & Conditions apply shall be deemed an invitation to treat and not a binding offer. This Invitation may be accepted within the valid period by the Client by one of the following methods:

• the signing and returning of 4SP&CL’s TACA document
• the issue by the Client of a bona-fide Purchase Order, and unqualified Letter of Intent (or a document purporting to be such)
• or by any such event by the Client that could be construed as an acceptance by his actions or conduct.

2. PROGRAMME:

Our Tender is based on a normal five-day week, up to ten-hour shifts (inclusive of travelling time) working without restriction or interruption and in a logical sequence. On this basis, we estimate that we can complete the works within the number of working days stated in the Tender Documents however we will require a contractual programme of additional working days as stated in the Tender Document.

This programme period is exclusive of any delay time incurred for undertaking any provisional items, additional work, holidays, testing, inspection or any standing time due to removal or underground obstruction or any other unforeseeable matters or any other circumstances beyond 4SP&CL control. In the event of encountering any of the said delays, we require the contract period to be extended accordingly.

3. SITE FACTILIES:

Unless previously agreed, we expect to be able to make use, during the course of our Contract, free of charge, electrical power and water supplies that exist on site.

The Client must provide welfare facilities for our operatives throughout the contract period. Unless agreed otherwise, the Client shall protect all existing surfaces that need to be traversed in order to gain access to the Works and working space around the Works area.

4. COMMENCEMENT & COMPLETION:

Due to our existing commitments, we require the lead-in period as stated in our Tender Document, or such other date as expressly agreed before commencement of work on site.

The lead-in period shall commence once a binding contract has been concluded between the Client and 4SP&CL by one of the options stated in Clause 1 herein. Notwithstanding any agreed dates, commencement and programme dates must remain subject to availability of plant, materials and labour; and time shall not be considered as of being of the essence in any Contract Agreement unless expressly made so.

Due to the possibility of the previous contract overrunning due to circumstances beyond the control of 4SP&CL, any date given shall be regarded as a week commencing date.

5. PAYMENT PROVISIONS:

All payments when due must be paid net without retention, abatement or set off. Unless a special arrangement has been agreed in advance, an initial payment of 25% (or other such agreed percentage) of the contract value will become due and payable at least 7 days prior to any work commencing on site.

Further payment(s) shall become due once piling work is complete, or where stage payments have been agreed, when each stage has been completed. Where the TACA includes for other work or other work is ordered during the course of the works, further payments will become due as set out in the TACA. Any outstanding balance shall be paid in full upon completion of the works.

In the event that any variations or additional work has been ordered by the Client, or become necessary during the course of works, the value shall be added to the Contract Sum and be included in final payment. Notwithstanding the terms stated in this clause, credit facilities shall only be granted subject to us receiving satisfactory credit references prior to us entering into the TACA. 4SP&CL reserve the right, without prejudice, to trade with the Client on a pro-forma basis in the event that suitable references are not provided or obtained.

6. VARIATIONS AND ADDITIONAL WORKS:

In the event that the Client instructs us to carry out additional work, or additional work becomes necessary as a result of matters arising that could not have been reasonably foreseen at the time, or were specifically excluded from the Tender Document, 4SP&CL will attempt to present and agree an accurate cost before commencing such work.

Where additional work is ordered or becomes necessary but, due to their nature or urgency, cannot be accurately priced and/or agreed prior to commencement, such work shall be priced on a cost basis and paid for on completion. An illustration of this method of accounting is included in the TACA.

7. GENERAL ASSUMPTIONS:

At the time of writing, we have not had the opportunity to visit the site, and we have assumed that access is adequate for our plant and materials, that we will be able to work off a flat, level and stable
platform and that all pile positions are to be probed and obstructions to be removed prior to our start.

8. OBSTRUCTIONS:

Should any obstructions not be removed whether they are natural or manmade and are repeatedly encountered any ready mixed concrete that becomes unusable, will be charged to the Client together
with associated waiting time at cost plus 25%.

4SP shall not accept any liability or charges in connection with piles being out of position or alignment on account of ground displacement and or
set out by others and their being out of position is not reported to 4Site whilst the rig, plant, equipment and crew are on site.

9. ATTENDANCE:

Attendance offer clearly requires that the pile arisings are to be removed by yourselves as work proceeds, unless specifically agreed and accepted in the above costs.

If not agreed and accepted, we require a 360° hydraulic excavator with scraper or ditching bucket attachment to be in attendance at all times during our operations on site. Both excavator and operator are to be
provided free of charge to ourselves for the duration of the piling works.

10. PERORMANCE BOND:

Our offer does not include for the provision of a performance bond. Unless otherwise agreed in writing by ourselves.

We do not operate a VAT self-Billing system, and all payments must be made against a tax invoice and in accordance with the conditions appended.

All prices and rates are nett with nil retention allowed.

11. CREDIT CHECKS:

Acceptance of you offer is subject to Creditsafe checks, advanced payment may be required based on these checks.

12. ACCEPTANCE

Acceptance of our offer is conditional on the acceptance of our standard terms and conditions listed. In acceptance, the standard terms and conditions are deemed to be agreed and accepted.

Waterproofing General conditions:

1. DRAINED PROTECTION: Our system conforms to BS8102: 1990 Protection of structures against water from the ground.
2. All working areas to be clear and unimpeded.
3. Preparation to walls and slab to be by others unless stated in our pricing document.
4. Standard 30-year Delta product guarantee issued within 14 days of final payment.
5. Standard 10-year Koster product guarantee issued within 14 days of final payment.
6. As standard, we do not allow for commissioning of pumps and any future service plans for the pumps. External Delta approved service provider to be sourced by client.
7. Delta pumps come with a standard 1-year guarantee from date of purchase, further years guarantee up to a maximum of 5 years in total if a Delta approved service provider services the pumps at least once a year.
8. 4SP will of course be happy to attend any call backs due to any issues, if it is apparent that any damage has been caused by external trades then these repair works would need to be priced accordingly or on a daywork rate at £40 per hour plus materials plus 25%.
9. Pump alarms, battery back up etc. will be priced if required and will be a supply only price.
10. All electrics for pumps and alarms etc. to be carried out by others. 4SP will leave pump, alarm cables in a ducting with a pullcord to a required point within 8m from pumping station.

1. Definitions

1. The “Employer” when mentioned on the estimate, in these conditions or schedule attached shall mean that the customer, company body or person placing a contract with 4SITE PILING LTD
2. The “works” shall mean the piling and any other work described in this estimate or any schedule attached.

2. Conditions of Estimate

Unless otherwise agreed by us in writing, all the conditions as stated and printed on the estimate shall apply to any order placed with us.

Any stipulations or conditions in customer’s instructions which would conflict with any of these terms and conditions or in any way qualify or negate the same, shall be deemed to be inapplicable to any order placed with us unless expressly agreed by us in writing when acknowledging the order in question.

3. Contract start dates

Contract start datescan only be agreed after receipt of an official order.

Letter of intent or similar cannot be accepted for this purpose.

Cancellation of the agreed start date by the employer will incur a minimum charge of £2500.00 if less than 10 working days’ notice are given or 25% of the contract sum, whichever is the greater.

4. Damage

We shall not be responsible for damage to overhead or  underground cables, drains, pipes or other services. The repair, removal, diversion or adequate protection of any cables, drains or services shall be the responsibility of the employer and should there be any delays to our Works, then Standing Time will be charged as detailed in the estimate.

5. Ground Beams

We shall not be responsible for the adequacy of joints between piles and
ground beams unless the work is carried out by ourselves. Extending, bending, cutting or straightening of pile reinforcement to be carried by the Employer at no expense to ourselves.

6. Employer Responsibility

The employer shall be responsible for and shall provide free of charge to ourselves the following facilities and perform the obligations set out as follows in such a manner will enable us to commence work immediately on our arrival on site and thereafter proceed continuously with the Works without interruption.

Delays in our production caused by the Employer not providing the following will be charged at the Standing Time rate detailed in the estimate.

1. Access for our machines and equipment to site, the provision of Road and pavement crossings and if necessary temporary roads and the cleaning of roads and pavements including all warning notices.
2. Provision and maintenance of a dry, flat, level and designed piling platform area. Access ramps not to exceed 1 in 12 gradients.
3. The reduced level digging which must be completed by the employer before our arrival on site.
4. An adequate supply of fresh mains water.
5. Setting out of pile positions and provision of permanent level data and checking the piling works as proceeds.
6. Removal of our excavated soil including concrete spillage, from pile positions as work proceeds.
7. Pumping to maintain the site free of water.

All necessary watching, lighting, fencing and protection of our Works and Piling equipment.

The necessary removal, excavation, demolition or breaking out of all obstructions including old foundations found in boreholes, including any necessary pumping, shoring, staging and backfilling, all as required to suit the progress of our Works.

The statutory building and inspection notices permits and the like required by Local Authorities or other parties.

JCT 6.5.1 insurance (formerly 21:2:1).

Main Contractor is responsible for effecting Joint Name Cover for Liability Risk.

Piles which require to be integrity tested must be cut back to cut off level and suitably prepared prior to testing.

7. Breakdown of Equipment

The breakdown or stoppage of the piling equipment due to malicious damage does not entitle the Employer to compensation for delays.

8. Welfare Facilities

1. 1. In the absence of any facilities 4SITE will arrange for the correct welfare facilities to be delivered to site and the full costs including Standing Time for the Rig plus 10% for overheads whilst waiting will be charged to the Contractor/Client/ Employer. This will be a valid variation to the Contract Sum as the Main Contractor/Client/Employer has failed to provide facilities as dictated under the CDM regulations. No work will commence, and our staff will not attend site until the facilities are in place.
   2. If on the pre commencement visit prior to our equipment arriving facilities are not in place, we will cancel all deliveries immediately and the contract will be re-scheduled to a date when facilities are available. Any delays to the contract are the responsibility of the Main Contractor/Employer/Client as
      All quantities are subject to re measurement as the work proceeds.Excess concrete used as a result of penetrating any unforeseen
      underground service or voids where quantities are found in excess of 1.1 times the theoretical volume will be chargeable at an extra over rate of £185.00 per m3.

9. Re-Measurement

All quantities are subject to re measurement as the work proceeds.

10. Excess concrete

Excess concrete used as a result of penetrating any unforeseen underground service or voids where quantities are found in excess of 1.1 times the theoretical volume will be chargeable at an extra over rate of £185.00 per m3.

11. Working Hours

Our offer is based on standard working hours of 7.30am to 4.30pm – Mon to Fri. Our minimum working hours on site are 9 hours/day.

12. Heated Concrete

Should we deem heated concrete necessary during cold weather working conditions it will be charged as an extra.

13. Provision of Collateral Warranty

Provision of Collateral Warranty to include Professional Indemnity Insurance if required, will be a minimum charge of £1,500.00 for £2m cover in the aggregate or £2,500.00 for £5m cover in the aggregate.

14. Limitations

We will not accept claims for loss or damages, or claims for consequential damages concerning our works: –

1. Where the soil or ground conditions have been altered or have been caused to be altered from those at the time when the work was executed.
2. Where the imposed loads or purposes for which the piles or foundations were originally designed have been altered.
3. Where rectification of our work by others has not been authorised by the company in writing.
4. Or delays incurred before, during or after the execution of the contract.
5. Any delay costs attributed to the Piling Contract will be limited to 10% of the sub-contract value including Main Contractors costs and overheads.

15. Outsourced work

We accept no responsibility for, and our insurance does not cover, any claims for loss or claims relating to our design where the work is executed by others.

16. Prices and Rates

The prices and rates in this estimate will be held for a period of 2 months and thereafter be subject to fluctuation.

Unless stated on the attached estimate the following shall apply: –

• Retention’s
• NIL
• Discounts – NIL.

VAT will be added as applicable.

17.Payment

We will make a search with a credit reference agency, which will keep a record of that search and will share information with other businesses. We may also make enquiries about the Principle Directors with a credit reference agency. Subject to acceptable references, credit facilities will be offered and unless stated elsewhere, or agreed by us in writing, total settlement of our invoice to be within 30 days of our invoice date.

18. Interest

We will charge interest of 20% p.a. (calculated on daily basis) on any monies due to us but not paid within the stated period.

19. Overdue Monies

Costs incurred in collecting overdue monies will be charged