IT IS AGREED AS FOLLOWS:
1.2a Where the context permits words importing the singular shall include the plural & vice versa; and words importing the masculine shall include the feminine & vice versa.
1.2b References to clauses & schedules are to clauses of, and schedules to this Agreement.
a) The other party commits any material breach of the terms of this Agreement
The Service provider shall take out and maintain during the term of this Agreement an insurance policy with a reputable insurance company upon terms which are sufficient to cover his liabilities under this Agreement, including without limitation his liabilities under clause 3.4 The Service Provider shall upon request produce to the customer a copy of the said insurance policy, and a receipt for the payment of the current premium. For the avoidance of doubt the Service Provider shall be liable under all of the provisions of this Agreement, including without limitation clause 3.4, whether or not he complies with the provisions of this clause 3.3
3.4 The Service Provider will pay the customer any losses and damages incurred by them as a result of their legal liability for either personal injury to or the death of any person arising out of or in the course of or caused by carrying out the services. However this will NOT apply if the personal injury or death is caused by the customer’s negligence or the negligence of any person that the customer is responsible for. The Service Provider will pay any losses the customer has to pay as a result of the customer’s legal liability for loss and damage to any property of a third party which arises out of or in the course of or is caused by carrying out the services and is caused by the Service Provider negligence or the negligence of any person they are responsible for. The Service Provider under their obligations of this agreement will include the customer as an insured person under their insurance policies. This is known within the Insurance Industry as ‘indemnity to principal clause’ The Service Provider will be responsible for insuring against any loss of and damage to the work until practical completion or the customer ends the agreement, which ever happen first.
3.5 The Service Provider will only be responsible for any loss of and damage to any existing structures and contents, if the loss and damage is caused by their negligence or by the negligence of any person whom the Service Provider is responsible for. If part of the loss or damage is caused by a third party the Service Provider will only pay the share that is applicable to them.
3.6 The Service Provider will credit all interim payments by the Customer for the provision of services to the final bill settlement. If requested the
Service Provider will promptly issue the customer with reports and or receipts for such payments.
3.7 HEALTH & SAFETY and WELFARE:
a) The Service Provider will be responsible for all heath & safety issues relating to the Services.
b) The customer will provide electricity and water for the contractor in relation to the works. Unless supplied in writing the Service Provide must make his own arrangements for cleaning tools, paint brushes etc and must not use the customers toilet facilities for this
3.8 The Service Provider will remove all rubbish, surplus materials, tools and scaffolding (if applicable) on the project site and leave it clean and tidy. However the Service Provider will not be responsible for removing any items the customer or any person that the Service Provider does not control placed in or on the project site
3.9 The Service Provider undertakes that in the event of his being unable personally to perform the services in accordance with his obligations under this agreement, can provide a suitably qualified alternative (substitute) that is acceptable to the customer. Provision of such a subsitute /s shall be under a sub contract agreement between the Service Provider and the substitute, and rights and obligations of the Service Provider under this agreement shall not be affected, nor shall the customer be under obligation to pay any fees to the substitute for the provision by him of the services.
If applicable, the customer must pay interim payments to agreed terms promptly and as previously agreed with the Service Provider and as stated under this agreement.
The customer must inform the Service Provider as soon as possible & in writing of any concerns relating to the Services/Works. This must include whether:
If the customer wishes to make changes to the afore said works it must be communicated verbally and submitted in writing to the Service Provider within ___3_____days.
The Service Provider will communicate to the customer by the same method as to and if applicable:
a) If this can be accommodated
b) Change of price
c) Revised services schedule / completion date .
The Service Provider will carry out any change instructed by an appropriate local authority or public utility officer, but only after giving the customer written notice. However if the customer can change those requirements, while still meeting their obligations under clause 3.17 the customer may do so, but they must tell the Service Provider in writing before the Service Provider starts to carry out that change. In these cases
the price will be adjusted accordingly by: written agreement beforehand if possible, or later written agreement, or referring to any priced documents if applicable, or reference to daily rates or a reasonable amount for the work done or goods supplied.
Unless the Service Provider agrees in writing the customer is responsible for all documents & consents relating to the services/works (drawings, planning permission, permits, building regulations & to be fit for their intended purpose) and pay for all relevant fees. If the customer breaks this condition they will be liable for any reasonable losses or damages that are incurred by the Service Provider as a result . Unless in writing the Service Provider will not be responsible for any plans /specifications unless prepared & supplied by them.
Any materials or goods the Service Provider supplies will be new (unless the customer agrees otherwise in writing) of satisfactory quality, of the description given for their type, as far as possible, of the appropriate British Standards & codes of practice, fit for their normal purposes or purposes made known. The Service Provider will NOT be liable for any materials or goods that:
a) The customer has provided
b) Defects in quality/workmanship due to the conditions of the project site that existed before works were commenced by the Service Provider
c) Defects caused by the customer or any other person or event which happens after the completion date.
OWNERSHIP OF MATERIALS OR GOODS:
The customer will not own any materials or goods delivered to the work site under the provision of the services which included materials & goods until the Service Provider has been reimbursed.
On completion of the services, the Service Provider shall provide to the customer all appropriate certificates, instruction booklets/receipts and
guarantees for equipment supplied and or installed as part of the works/services provided (as varied)
All communications and information supplied to or obtained by the Service Provider in the course of or as a result of the discharge of his obligations under this Agreement and any information relating to any invention, improvement, report, recommendation or advice given to the customer by the Service Provider in pursuance of his obligations shall be treated by the Service Provider as confidential and shall not be disclosed by him to any third party or published without prior written consent of the customer, such consent not to be unreasonably withheld.
Except as otherwise provided in this Agreement, all notices, instructions or other communications shall be in writing and may be made by facsimile message, by letter or other form of communication as agreed between the parties from time to time, and delivered to the requisite party at its address . Any communication shall be deemed delivered:
a) If delivered by hand, at time of delivery
b) If posted by first class recorded delivery post, when delivery is recorded
c) If sent by facsimile message at time of transmission