TMCD Developments Limited – Terms of Business – 2014
Within these Terms and Conditions of Business, all references to TMCD means TMCD Developments Limited. The Client means any customer or client of TMCD shall mean any product supplied and/or fixed by TMCD for the Client.
2. Form of Contract
These Terms and Conditions of Business prevail over all and any other documents included in the parties’ agreement (“the Contract”). No variation, cancellation or waiver hereof shall be valid unless made by way of a clear acceptance in writing by TMCD.
3. Clients’ Obligations
- The following shall be provided to TMCD by the Client without any charge: Water supply within a reasonable distance adjacent to working area, secure and dry storage facilities, artificial lighting where necessary, canteen, mess room and latrines, mechanical hoist and driver.
- All necessary safety records required by current legislation shall be maintained by the Client.
- The Client shall arrange disposal of all rubbish, debris and arisings from the Metal Stud Partitioning, Drylining, Plastering and or Screed package at no charge to TMCD.
- The Client shall supply and fix all formwork and shuttering for staircase and wooden strips for spaces such as openings, voids, top edges of skirting, dado and floor margins unless otherwise specifically agreed in writing with TMCD.
- The standard curing time for screed is a minimum of seven days during which it is the Client’s responsibility to ensure protection of the screed from all traffic. The Client shall lay Polythene sheeting on the screed as soon as possible after installation and shall leave and maintain a sheeting of hardboard or plywood until all final finishes are applied. TMCD shall not be held liable for any defect, damage or problem caused by the client’s failure to provide adequate protection to the surface of the installed screed. Any defect, damage, or problem of any kind with any work of TMCD is to be notified in writing to TMCD before the polythene sheeting is laid, and in any event within 48 hours of the work being carried out. TMCD cannot and do not accept responsibility for any matter brought to its attention after this 48 hour period.
- If any problem, defect, damage of any nature is notified in writing by the Client to TMCD, pursuant to clause 3.5 above, TMCD shall be given the opportunity by the Client to inspect, attend, and or correct the same. TMCD cannot and shall not be responsible for any loss should the client fail to comply with these provisions.
4. Normal Working Hours
All estimates provided by TMCD are for work carried out during normal working hours (Between 8.00am and 5:00pm Monday to Friday) in proper continuous sequence and without hindrance or obstruction from others. Hours worked outside normal working hours and extra visits will be charged at double rate.
Estimates are based on price ruling at the rate of estimate and refer only to the meterage as specified in the estimate. They do not account for any variations that arise as a result of change in design and or verbal Instruction, which will be subject to a charge on Daywork or Priced before undertaking the additional works. These prices will be held for one month from the date of the estimate after which TMCD may vary estimates with increase in labour or material costs. Estimates are to be treated as estimates and not quotes. They do not reflect the full value of the works on completion. All works are subject to re-measure as per Clause 12.
All estimates are net of VAT and not subject to main contractors discount. Any negotiated discount will be for cleared funds within the contracted terms and paid in full.
The due date for any sum due from the Client to TMCD shall be the date of issue of any invoice or application from TMCD relating to any such sum. The final date for payment of any sum shall be fourteen days after the due date. The amount due shall be paid in full, subject to the issue of the notice required under Clause 3.5. If payment in full is not made by the final date of payment, the outstanding amount shall be paid together with interest thereon at the rate of 8% over the current base rate of the Bank of England compounded daily. Preferred payment method is BACS to sort code 403913 and account number 21321676
Where a sum due is not paid in full by the final date for payment and no effective notice to withhold payment has been given, TMCD may suspend performance of its work upon giving seven days’ notice to the Client of an intention to suspend performance. TMCD will not be responsible for any delays or losses to the Client that may be caused following such suspension of the work.
Without prejudice to any other rights and remedies which TMCD might possess, TMCD shall be entitled to immediately terminate the Contract in the event that:
- The Client takes any action, or fails to take any action, which would lead TMCD to reasonably believe that there is a risk of the Client being or becoming insolvent; or
- If in the opinion of TMCD, the Client is guilty of gross misconduct or failing to comply with the provisions of the contract in any way. In the event of termination, the Client shall be liable for all costs and losses arising to TMCD in any manner. In the event of termination all payment due to TMCD shall be paid immediately by the Client to TMCD.
9. Determination of Contract by Client
Without prejudice to the right of TMCD to recover any amounts deemed due for loss of Profit and/or overhead caused to TMCD by determination of Contract Works. The Contractor has the right to suspend the employment of TMCD if they are deemed to have failed to proceed with the sub-contract works in a regular and diligent manner in accordance with any issued and recorded programme of works, save any such circumstance deemed outside the control of TMCD. In the event of TMCD’s said failure, the contractor shall issue notice to TMCD by Registered Post or Recorded Delivery specifying the failure, If TMCD shall continue such failure, for 5 days after receipt of such notice then the contractor may 5 days after such continuance notify by Registered Post or Recorded Delivery, TMCD forthwith of their intention to employ other such resources, Labour, Plant and/or Materials as is necessary to supplement those of TMCD in order to complete the sub-contract works.
10. Retention of Title
Ownership of our work and other materials supplied in any form shall not pass to the Client until TMCD has been paid in full. The Client hereby agrees to permit TMCD full access to the site to recover materials and/or screed in the event of any default of the Client.
11. Confirmation of changes or detail in writing
Upon receipt of any order but prior to commencing work on the site in the event that site conditions, measurements or screed depths given to TMCD by the Client prove inaccurate, TMCD reserves the right to request written confirmation of any change in detail before TMCD commence work on site.
12. Weather delays / damage
TMCD is not responsible for rain delays or damage to our works as a result of rain, snow and or high winds during fixing and or drying/curing times. The Client shall take all steps as are necessary to prevent the occurrence of such damage. Where damage does occur notice shall be given in writing by the Client to TMCD to allow TMCD to repair or to carry out additional work and/or to make good any and all such damage. The Client shall pay the cost of any such work to TMCD. TMCD shall be entitled to an uplift on the Page 2 of 2 TMCD Developments Ltd – Terms of Business – 2014
13. Corrective / Remedial Works
TMCD reserves the right under common law to attend at all times to their own remedial / corrective works if required. Should the Client believe at any time throughout TMCD undertaking such project works, or at any time thereafter during the agreed defects liability period that TMCD are required to attend site to undertake any such works, then the Client must notify TMCD in writing, providing a full description of the nature of the required works, and must provide no less than seven days for TMCD to attend site to inspect the works themselves. Should it be found upon inspection that such remedial/corrective works as described by the Client are required, TMCD will be allowed seven full days in which to commence the said works without interruption or interference by the Client. Should the Client fail to allow TMCD unfettered and uninterrupted access to the areas where the said works are required, TMCD shall upon serving notice upon the Client, be absolved of any charge or responsibility for those works as described by the Client.
14. English Law
The governing law of the Contract between TMCD and the Client shall be the law of England and Wales.
Save in respect of any failure by Client to pay any invoice submitted by TMCD hereunder,
- If any dispute or difference as to any matter or thing arises between TMCD and the Client, either party may refer the dispute to adjudication, for the purpose of dispute resolution pursuant to this clause and clause 16 below and in accordance with the provisions contained in the Scheme for Construction Contracts (England and Wales Regulations 1998).
- The nominating body for the appointment of an adjudicator will be the RICS unless agreed otherwise in writing. The Client shall be liable for all costs incurred by the nominated adjudicator, including any cost to TMCD whatsoever of employing any external consultants.
- The Client will be liable for all legal costs incurred by TMCD and adjudicators fees in the event of referral to adjudication by either party.
Save in respect of any failure by Client to pay any invoice submitted by TMCD hereunder, if any dispute or difference as to any matter or thing of whatsoever nature arising from the Contract between TMCD and the Client or in connection therewith shall arise between, the parties either during the progress or after the completion or abandonment of the work, it is the right of either party to refer the dispute to arbitration in accordance with this clause. And the JCT 1998 Edition of the Construction Industry Model Arbitration Rules (CIMAR). If the parties fail to agree upon the appointment of an Arbitrator to appoint within 14 days of a Notice of Arbitration being served, either party shall apply to the Royal Institute of Chartered Surveyors to have an Arbitrator appointed.
The Client will be liable for all legal costs incurred by TMCD and the fees in the event of referral to arbitration by either party.
17. Assignment / Sub-Letting
TMCD reserves the right to assign or factor any benefit arising from the contract between the parties without the requirement to obtain consent written or otherwise from the Client.
18. Force Majeure
TMCD is not responsible for delay through strikes or lock outs or any other delay howsoever caused beyond the direct control of TMCD.
TMCD may charge for materials and labour ordered where less than 72 hours notice of cancellation is given.
A schedule of attendencies is appended to these terms of business and form part of the basis of our quotation. Deviation from the attendance sheet may result in additional charges to the client.
21. Liquidated and ascertained damages.
Liquidated and ascertained damages will be limited and capped to 5% of the TMCD contract value unless specifically agreed in writing by TMCD.
No agreement to programme is implied until we have had a meeting to discuss the contractor’s own programme, and the manner in which the works will be handed over to TMCD and how TMCD hands back to client and following trades.
23. Daywork Rates
- Daywork rates per day or part there of:-
- Skilled labour = £233.00
- Labourer = £160.00
- Screeder and labourer = £510.00
- Screed pump = £275.00 per day or part there of.
- Hired plant = Cost plus 25%
- Materials = Cost plus 25%
TMCD does not carry PI insurance and will not accept any design liability but are happy to provide assistance to the design team.
25. Mobilisation / Demobilisation
- Two weeks written notice is required to commence work on site.
- Two weeks written notice is required for recommencement of works on site.
- Cancellation of the start / return date will invoke the above clauses.
26. Programme and Sequence of Works
TMCD will assume in that all areas are available from the agreed commencement date. Areas will be completed in a sequential manner working from one ready available area to the next. And will be completed on a floor by floor basis from the top down or vice versa. Any areas which cannot be completed and result in a return visit or are required to be completed out of sequence may attract additional charge. Our programme is based on plant and materials being located in designated accessible areas free from ingress weather conditions. Relocation of plant and or materials may attract additional costs as well as any wastage of materials. Full, free, controlled and uninterrupted access onto the site from hard road to Working Surfaces including equipment and measures necessary to ensure the safety of pedestrians and to avoid the risk of damage to third party property, including road surfaces and services. Such access to facilitate the safe erection, operation and movement on, off and around site, to and between our works, working and storage areas is to provided by Main Contractor.
27. Environmental Conditions.
The building is to be wind and watertight prior to commencement of any Dryling, plastering or screeding works.
Temperature – The Main Contractor is to maintain temperatures above 5⁰ and maintained as necessary. Main contractor to ensure temperature of the concrete substrate is above 5° where screeds are bonded directly to the substrate. TMCD will not be responsible for failures arising from temperatures and substrates which fall below 5°. TMCD reserve the right to suspend screeding operations where temperatures are forecast to be below the minimum requirement. TMCD will not accept any costs related to delays that occur due to adverse weather and temperature conditions.
Company Registration: 4252937
VAT Registration No: GB 787 9036 71