TERMS OF BUSINESS
|Parties||The Supplier and the Customer|
|Supplier||Belmex Properties Limited of Morley House Morley Lane Bicker Boston PE20 3DP|
|Customer||The person or entity named in Part 1 of the Schedule|
|The Site||The Customer’s premises referred to in Part 2 of the Schedule|
|The Works||The items and work of construction referred to in Part 3 of the Schedule and more particularly defined in the Specifications.|
|The Price||The total amount including VAT at the prevailing rate set out in Part 4 of the Schedule.|
|The Deposit||10% of the Price, payable forthwith and in any event before commencement of the Works|
|The Specifications||The Suppliers written notes and documents specifying the processes for constructing the Works and the materials to be used|
|ECD||Estimated Completion Date|
The Supplier will construct and otherwise supply the Works at the Site and the Customer will pay the Price on the terms set out below.
- The ECD is an estimate only. The Supplier will use reasonable endeavours to complete the Works by the ECD but shall not be liable to the Customer for any delay.
- The Supplier will construct the Works using the materials referred to in the Specifications or their reasonable equivalents at the Supplier’s option.
- The Supplier shall commence the Works on a date to be agreed or within 10 working days of the payment of the Deposit whichever shall be the later.
- The Customer will at all times permit the Supplier free and uninterrupted access to the Site in order to carry out the Works.
- The Customer will at all times permit the Supplier free and uninterrupted use of mains water (and where necessary drainage) and electricity in such quantities and without charge as the Supplier shall reasonably require in order to carry out the Works including such as shall be required for the manufacture on site of cement mortar or concrete and for the running or use of equipment employed by the Supplier in carrying out the Works.
- The Supplier shall comply with its obligations under the Construction (Design and Management) Regulations 2007 including all requirements in relation to the provision and maintenance of a health and safety file. The Supplier shall maintain the health and safety file for the Site in accordance with the CDM Regulations and shall give it to the Customer at the end of the term.
- The Supplier shall ensure full and proper compliance with the Health & Safety at Work etc. Act 1974 whilst occupying the Site for the purpose of carrying out the Works.
- Nothing herein is intended to limit the rights of the Supplier to have any part or parts of the Works executed by the Suppliers sub-contractor or sub-contractors.
- The Customer will pay the Price by the following installments:
1.1. Deposit (10%) payable as above.
1.2. First Installment (30%) payable on delivery to the Site of all manege materials, including hardcore and membrane(s) and (if applicable) drains;
1.3. Second Installment (30%) payable on delivery by the Supplier to the Customer of a certificate of 75% completion;
1.4. Final Installment (30%) shall be paid into the Supplier’s Escrow Account at Barclays Bank plc (Account number 60172626; Sort code 20-05-74) within 5 working days of the payment of the Second Installment and shall be held to the joint order of the parties until 5 working days after the Supplier shall issue a Certificate of Completion of the Works (whereupon the monies therein shall be released to the Supplier).
- No failure or delay on the part of the Supplier to exercise any right power or remedy hereunder nor shall any forbearance on the Suppliers part operate as a waiver of the Supplier’s rights hereunder.
- The validity construction and performance of this agreement shall be governed by English law.
- No person other than the Parties shall acquire any rights hereunder.
- If any dispute or difference arises out of or in connection with this agreement the parties shall with the assistance of either ADR Net or any other alternative dispute resolution provider listed by UKECC seek to resolve that dispute or difference amicably by using an Alternative Dispute Resolution procedure approved by the provider of ADR services before pursuing any other remedies available to them. If either party refuses or fails to agree to participate in the alternative resolution procedure or in the event that the difference or dispute shall not have been resolved within 56 days after it has been arisen then the difference or dispute shall be referred to a single arbitrator in accordance with the provisions of the Arbitration Act 1996.
14.1: All variations requested by the Customer after commencement of the Works shall be paid for at the normal rates applying at the time of the additional work being carried out. Where reasonably possible the Supplier will give a written Estimate for each such variation in advance but circumstances sometimes may not permit that to be done or the Customer may either expressly or impliedly waive that requirement;
14.2: From time to time circumstances may arise where the Works cannot be completed for the Price because of physical difficulties or other problems on Site which were not known of at the time that the Estimate was prepared. As soon as reasonably possible after discovery the Supplier will prepare and submit an Additional Estimate the amount of which will form part of the Price and be payable as if part of the Price from the outset.
14.3. Such variations may affect the ECD and the Supplier will provide such additional information about that as is available to the Supplier at the time.