Terms & Conditions Statement – CE Shopfitting Ltd – Work Related
No contract exists between CES and a third party without a signed purchase order or letter of intent from a CES Director.
Any submitted quote does not constitute the contract (or part of). The contract is based solely on the information provided within the CES purchase order.
CES purchase order and associated terms and conditions prevail should they conflict with any other companies submitted documentation.
Health & Safety
The sub-contractor shall ensure that all labour under their control is suitably qualified and competent to undertake the works assigned to them.The sub-contractor shall ensure that all of their labour attends a site induction prior to commencing any works on site or at the satellite warehouse. Site inductions will take place at 8am or 6pm each day in the site office. Please contact the Site Manager 48 hours in advance to ensure availability
The sub-contractor shall ensure that all of their labour carries a valid CSCS card at all times. A photocopy of this should be provided at the induction.
The sub-contractor shall also ensure that at the time of induction a photocopy of all skills cards (e.g. IPAF, PASMA) are provided for the site H&S file.
The sub-contractor shall ensure that all H&S documentation has been submitted to and approved by CES’s H&S advisor prior to commencing any works on site or at the satellite warehouse. This information will include (but not limited to) a signed company H&S policy, all site specific RAMS, COSHH information and a copy of all of insurance certificates.
The sub-contractor will provide PPE for all of the labour under their control. Minimum PPE requirement is hard hat, hi vis vest and steel toe capped boots.
The sub-contractor will not use stilts under any circumstances. Steps and step ladders may only be used with a written permit from CES.
The sub-contractor will not undertake any roof works without a written permit from CES.
The sub-contractor will not undertake any hot works without a written permit from CES.
Site Rules
All personnel and visitors to the site must sign in and out.
All personnel and visitors to site must report to the Site Manager.
All operatives whether directly employed or sub-contracted must undergo a site induction prior to commencement of work.
Work permits where applicable, emergency procedures and other procedures must be followed.
Smoking is not permitted within the site boundaries.
It is forbidden to possess or consume alcohol, drugs or other intoxicants on site or to be under their influence such that safety at work is jeopardised.
Any person taking prescription drugs must advise the Project Manager on arrival
It is forbidden to bring onto site firearms or explosives.
It is forbidden to indulge in horseplay, fighting or malicious damage.
No radios or personal stereos are permitted.
All injuries, fires, accidents or near misses must be reported to the Site Manager immediately.
Safety Method Statements prepared for potentially hazardous tasks must be strictly adhered to including the use of equipment and personal protection. In the event that the method statements cannot be complied with, work on the task must stop, the Site Manager informed and the method statement changed and the change authorised prior to re-commencement of the task.
Site barricades and hazard notices must be maintained and obeyed.
Equipment will only be operated or repaired by competent personnel.
Incorrect or faulty tools, equipment or plant may not be used.
Personal protective equipment (PPE) must be worn in accordance with the Safety Method Statement prepared for the task or as directed by the Site Manager.
All personnel will be appropriately dressed at all times. Shorts and bare torsos are not permitted.
All personnel will ensure that any company logos displayed on their work wear are for CES or the sub-contract only.
CES will operate a yellow / red card system. Anyone in breach of these rules will be given one warning only prior to being removed from site.
Financial
Prior to submitting a price, the sub-contractor is deemed to have visited site and made themselves aware of all site constraints, including but not limited to, access restrictions, access routes, delivery times / methods, pinch points, head heights, noise restrictions, fixing details, approved working methods etc.
The price submitted is deemed to be a fixed price design & build cost. As such it is not subject to re-measure at final account stage unless we are informed that this is to be re-assessed by the client’s QS. Variations will generally not be accepted unless instructed and paid for by the client.
Variations to the account are to be advised via email on a weekly basis so that they can be written into the meeting minutes and presented to the client. Any variation rejected by the client as they have not been informed of it in a prompt manner will not be payable by CES.
Final accounts are to be submitted on the day of or preferably just before practical completion. Late submission of final accounts may result in delays to payment and the client declining to pay for additional items.
Prior to any payment, CES must have received a completed new contractor form, VAT certificate, CIS Details, insurance certificates & all H&S documentation.
Payment details are as follows:
Sub-contractor invoices are to be submitted to the project QS by close of play on the final day of each month.
Sub-contractor payments will be made within 60 subsequent days of the end of the month in which the invoice was submitted.
CES will not hold any retention, however CES do reserve the right to temporarily withhold 10% of the final valuation if information for O&M manuals has not been issued or snagging identified at Practical Completion has not been completed prior to store opening.
The Works
See purchase order front cover for details on sub-contactor responsibilities with regards to deliveries, access equipment, plant supply, scaffolding etc.
Skips will be provided by either the client or the main contractor. The sub-contactor will be responsible for removing all waste to the skips provided.
Protection of finished works is solely down to the sub-contractor. CES can take no liability for any damage unless clear evidence can be provided so that cost can be re-cooped accordingly.
CES can take no responsibility for the security of any plant, tools or material on site. The cost for any damage or loss of materials will be the sole responsibility of the sub-contractor.
Setting out is to be the joint responsibility of CES and their sub-contractors. No works should progress until both parties are happy that this is correct.
On completion of the sub-contract works, it is the sub-contractors responsibility to review all finished items with the site foreman prior to departing site. Any issues / snagging items should be rectified prior to leaving site or at the earliest possible opportunity to suit programme.
No works should be commenced if the sub-contractor has any doubts about the suitability / quality of the substructure / substrate or previous finish to which they are fixing. Any queries should be raised with the site manager prior to commencing works. Any defects arrising due to covering up defective work will be the sole responsibility of the sub-contactor including making good the original defect.
The sub-contractor will be solely responsible in ensuring that their installation fully complies with every applicable Statute, Bye Law, Government Legislation & Local Authority requirement.
The sub-contractor will be solely responsible in ensuring that their installation fully complies with any fire strategy / management plan / fit out guide provided by the Landlord
The sub-contractor will be solely responsible in ensuring that their installation fully complies with the clients latest fit out specifications.
The sub-contractor will be solely responsible in ensuring that their installation fully complies with all manufacturers installation guides & fixing methods.
The sub-contractor will be solely responsible in ensuring that their installation fully complies with the clients “List Of Banned Materials.”
The sub-contractor must make themselves aware of and comply with the clients “Code of Conduct” & “Code of Ethics.”
The sub-contractor must ensure that their installation is to a high quality and at the very minimum meets British Standards.
The sub-contractor must ensure that any timber supplied to the site comes with an FSC certificate.
The sub-contractor must inform CES at the earliest opportunity if there is a conflict between the works required and any of the items detailed in points above. Under no circumstances must work progress until clarification has been sought and an instruction is given by CES management.
Should any installation not meet the requirements set out in items above, the entire cost to rectify this work, plus any knock ons due to aborted works / remedial works / acceleration costs will be charged to the sub-contractor in full.
These conditions on this contract shall be construed and governed in all respects in accordance with English Law and the English Courts shall have exclusive jurisdiction over them. If any dispute or question cannot be settled by agreement it shall be referred to a single independent referee under the Arbitration Acts.
