Aquatech Drain Services Limited Terms and Conditions

 

1. Definitions and interpretation

 

1.1 The following terms shall have the following meanings for the purposes of this agreement.

 

1.2 ‘Services’ means those specified in the Contractor’s Quotation or other documentation detailed by the Contractor, subject to amendment.

 

1.3 ‘Contractor’ means Aquatech Drain Services

 

1.4 ‘Employer’ means the person, Supplier or Company for whom works are carried out.

 

1.5 Headings contained in this document are for reference purposes only

 

1.6 Acceptance of the Contractor’s Quotation, either by the ‘Employer’ Order, Letter of Intent and in lieu of any of these, commencement on site is deemed as acceptance of these Terms and Conditions. We reserve the right to carry out credit ratings without approval from the Employer.

 

2. Appointment

 

2.1. The Employer appoints the Contractor to undertake the Services in return for the payments.

 

3. The Contractor's Obligations

 

3.1 Delegation - Not to delegate any duties or obligations arising under this agreement otherwise than may be expressly permitted under its terms.

 

3.2 Notice - To comply with the terms of any Notice specifying a breach of the provisions of this agreement and requiring the breach to be remedied so far as it may be but nothing in this clause is intended to require the Employer to serve notice of any breach before taking action in respect of it.

 

4. The Employer's Obligations

 

4.1 In consideration of the services to be rendered by the Contractor under this agreement the Employer agrees to make the Payments promptly without demand deduction or set-off.

 

4.2 Payment of the Price and VAT shall be due within 30 days of the date of the invoice. Time for payment shall be of the essence. Interest on overdue invoices shall accrue from the date when payment becomes due from day to

day until the date of payment at a rate of 8% above the Bank of England Base Rate from time to time in force and shall accrue at such a rate after as well as before any judgment. In the event that the Employer is acting in the

course of a business, the Contractor reserves the right to claim compensation for late payment pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

 

4.3 The Employer shall make available to the Contractor the whole of the site of the proposed works at the commencement on site unless otherwise agreed in writing.

 

5. Cancellation

 

5.1. Prior to commencement of the works for the Services on site the Employer may cancel this agreement at any time by giving the Contractor one weeks written notice (email accepted) prior to the Services commencing

 

5.2 If the Employer does not provide notice then they will be liable to pay to the Contractor for all Services for that particular day, if works are cancelled outside of the parameters in Clause 5.1.

 

6. VAT

 

6.1 All sums payable under this agreement unless otherwise stated are exclusive of VAT and other duties or taxes.

 

6.2 Any VAT or other duties or taxes payable in respect of such sums shall be payable in addition to such sums.

 

7. Liability and Liquidated Damages

 

7.1 The Contractor shall not be liable to the Employer for loss or damage to the Employer unless due to the negligence of the Contractor.

 

7.2 In the event that Contractor is held to be in breach of its obligations under this agreement, due to negligence, the parties agree that the Contractor shall pay to the Employer as and by way of agreed liquidated damages an amount equal to the price of the services provided by the Contractor up to the date of breach.

 

7.3 In the event that the Employer disputes the work undertaken by the Contractor, all disputes must be notified to the Contractor within 7 days of the work being carried, or within 7 days of the invoice, whichever is the later. The

Employer shall be prohibited from disputing the work undertaken or the amount of the invoice after this 7-day period, save where the Employer is dealing as a consumer.

 

7.4 Save as expressly referred to above, and except where the Employer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 as amended and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3(1)), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods and/or Services, whether

express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.

 

7.5 For the sake of clarity, the Contractor will not be held liable for any consequential losses suffered by the Employer as a result of any breach of the Contractors obligations, whether reasonably foreseeable or otherwise.

 

7.6 The Employer shall indemnify defend and hold harmless the Contractor in full against all loss, costs, damages, charges, expenses and other liabilities awarded against or incurred as a result of or in connection with any claim made against the Contractor by a third party in respect of any matter caused by the Employer or for which liability has been assumed by the Employer.

 

8. Termination for breach

 

8.1. The following obligations are conditions of this agreement and any breach of them shall be deemed a fundamental breach which shall determine this agreement immediately and the rights and liabilities of the parties shall then be determined in accordance with clause 8;

 

8.2. Failure on the part of the Contractor to observe any obligation under this agreement not requiring Notice to be served and in the case of obligations requiring Notice to be served failure to comply with the terms of any Notice.

 

8.3. Failure on the part of the Employer to make punctual payment of all sums due to the Contractor under the terms of this agreement.

 

8.4. The levying of any distress or execution against the Employer or the making by them of any composition or arrangement with creditors or being a company the Client’s liquidation (other than a members’ voluntary liquidation with the written consent of the Client).

 

9. Termination consequences

 

In the event of this agreement being determined whether by time Notice breach or otherwise:

 

9.1. The Employer shall immediately pay to the Contractor:

 

9.2 All arrears of Payments and any other sums due under the terms of this agreement, and

 

9.3 All further sums which would but for the determination of this agreement have fallen due at the end of the works.

 

9.4. Any right or remedy to which either party is or may become entitled under this agreement or in consequence of the other’s conduct may be enforced from time to time separately or concurrently with any right or remedy given by this agreement or now or afterwards provided for and arising by operation of law so that such rights and remedies are not exclusive of the other or others but are cumulative.

 

10. The Works

 

10.1. The works unless otherwise notified have been priced to be carried out between the hours of 0700 and 1700 unless agreed prior to commencement and specifically detailed in the Contractors quotation. In the event that the Employer changes the hours within which the works are to be undertaken, the Employer shall be liable for the Contractors additional costs.

 

10.2. If access is required onto private land it will be the Employer’s responsibility to ensure all relevant permissions have been obtained and payments made to the land owner.

 

10.3. Unless otherwise stated in writing it is assumed that vehicular access is possible to the working area. In the event that this is not possible the Employer shall be liable for additional costs incurred due to lack of access.

 

10.4. In the event that working time is lost on site due to delays caused either by the actions of the Employer, their Representative or by other Contractors employed by the Employer, or by sewer surcharge caused by storm, flood, tidal or pump failure, the Employer shall be liable for the additional costs incurred by the Contractor. In addition, in the event that the Contractor experiences delays for which they are not responsible, the Employer shall be liable for the Contractor’s additional costs in relation to the additional setting up or out of sequence working.

 

10.5. In the event that the Contractor is required to work in any confined spaces as defined by the Health and Safety at Work Act 1974, the Contractor reserves the right to charge the Employer for the required additional resources and safety equipment.

 

10.6. All works carried out utilising our specialist cutters is carried out on an attempt only basis and we will not guarantee complete removal of any obstructions. Due to the performance of the cutters, Aquatech Drain Services Ltd accept no responsibility for any damage caused to the existing drain line or pipe work.

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10.7. In the event of any Aquatech Drain Services Ltd equipment becoming lodged within the pipe work, any costs incurred to retrieve, replace or repair the equipment will be the responsibility of the client.

 

10.8. Standing time or abortive works due to conditions beyond our control will be charged at our day rate.

 

10.9. Unless otherwise stated, works only allow for standard Chapter 8 traffic management where required.

 

10.10. Unless otherwise stated, rates for Services are based on silt levels not exceeding 10%. Should silt levels exceed 10% then upon discussion with the Employer, the contractors’ rates reserves the right to change additional costs

 

10.11. Our Risk assessment and Method Statement will be provided upon request following receipt of orders unless otherwise stated.

 

11. Specific Works

 

11.1 Cleaning - Removal of silt/debris in excess of 10%, or which requires additional equipment for the removal of fat deposits, grout, encrustation, concrete, builder’s rubble or roots will be charged additionally unless otherwise stated in writing. Quotations are based on information seen at the time and should subsequent works find additional issues, the Contractor cannot be held liable.

 

11.2 CCTV/Sonar Inspection Works - Due to the nature of CCTV inspection, the Contractor cannot guarantee the accuracy of any CCTV inspection or measurement. A CCTV Survey will only show the interior of the sewer or pipe,

and will not show the exterior. Alternatively Sonar may be used to track the route of a pipe, however Sonar by its nature may be up to 1 metre out in accuracy. Any interpretation and advice as a result of CCTV inspection shall not be binding on the Contractor, and is the sole responsibility of the Employer. In the event that the measurements or advice given is inaccurate, the Contractor shall not be responsible for any loss or damage howsoever caused.

 

11.3 Sewer Condition - Where information is provided or implied either verbally or in writing or through CCTV recordings concerning the condition of the sewers and this is found to be inaccurate or out of date the Employer shall be responsible for any extras costs incurred for additional work that may be required to complete the works. The Contractor shall not be liable for any deterioration, structural or otherwise, that develops or becomes apparent on any pipe they are working on howsoever caused.

 

11.4 Waste Disposal - Unless otherwise stated the Contractor has not quoted for the removal of waste or debris from site. If disposal is found to be necessary, the Employer will be responsible for the additional costs incurred by the Contractor in the removal, transporting and disposal of waste to a registered site, together with additional administrative costs. Unless otherwise stated £500.00 plus VAT has been allowed for disposal of waste including all washout and administration charges. Any costs incurred above this amount can be charged to the Employer at cost plus 10%.

 

11.5 Specialist repairs - The Employer acknowledges the inherent risk of non-dig pipe rehabilitation and repairs and the failure or damage which may result to pipework through no fault of the Contractor. These Services are offered as a last resort but if the Employer instructs them to be provided, then the Employment agrees to take the sole risk of the cost of any such failure or damage for whatever reason and to indemnify the Contractor

 

11.6 - Excavation

11.6.1 The Contractor must rely upon Utility Company records as to the location of underground services before undertaking any excavation work. The Employer is placed on notice that the accuracy of the Utility Company records may be suspect; however the Contractor must rely upon them. In the event that the Utility Company Records are inaccurate and damage is caused to an underground service, the Employer will hold the Contractor fully indemnified in respect of any claim that may arise from such damage.

 

11.6.2 The Contractor may rely upon scans of the area before undertaking excavation. A scan will not identify an obstruction such as, but not limited to, concrete, bedrock or other such obstructions. Likewise a scan will not show whether a pipe is encased in concrete. In the event that the Contractor discovers such an obstruction the Employer shall be liable for any additional costs incurred.

 

11.6.3 In the event that a pipe being excavated is encased in concrete, further damage may be caused to pipework connected to the section being excavated, due to shockwaves travelling down the concrete. Such damage is unavoidable. The Employer will be liable for the additional costs incurred in repairing any pipework so damaged.

 

12. Damage or loss to equipment

 

12.1 If damage or loss is sustained to the Contractors equipment due to reasons beyond its control, or due to the condition of the pipe work or

some other known or unknown risk, the Contractor reserves the right to charge for the costs in retrieving the equipment, including the instruction

of another contractor and/or the costs of replacing the equipment. The Contractor also reserves the right to charge for loss of profits and down

time whilst the items are recovered or replaced.

 

13. Miscellaneous

 

13.1. Warranty

 

13.1.1 Each of the parties warrants its power to enter into this agreement and has obtained all necessary approvals to do so.

 

14. Force majeure

 

14.1. In the event of national emergency, war, prohibitive governmental regulation or any other cause beyond the control of the parties (‘force majeure event’) the obligations of the parties shall be suspended for so long as the force majeure event renders performance of the agreement impossible and upon the occurrence of a force majeure event all money then due to the Contractor shall be paid immediately.

 

15. Coronavirus / Virus Strains

 

15.1 We reserve the right to amend our prices for Services due to fluctuations resulting from Coronavirus / virus strains or significant closure or restrictions due to airbourne bacteria

 

16. Retention

 

16.1 Retention is deemed not applicable to all our Services and will not be deducted from payments from the Employer

 

17. Fuel Surcharge

 

17.1. An additional fuel surcharge and excess additional mileage charge may be applied

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17.2. An additional charge for any parking tickets, if parking is not supplied this will be charged to the employer

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