In these Terms and Conditions
1.1 "Robore" shall mean Robore Cuts Ltd whose registered office is situate at Unit 16, Mitcham Ind Est, Streatham Road, Mitcham, Surrey, CR4 2AP.
1.2 "Customer" shall mean the person, organisation, firm or company from whom orders are received.
1.3 "Services" shall mean the range of drilling, sawing, bursting,crunching, chasing and controlled demolition services offered by Robore from time to time.
1.4 "Order" shall mean an order placed with Robore at their premises situate Unit 16 Mitcham Industrial Estate, Streatham Road, Mitcham. Surrey,
CR4 2AP specifying the type of service to be supplied.
2.0 Orders and Acceptances and Exclusion of Liabilities
The Customer acknowledges and agrees by placing orders with Robore that:
2.1 This is a business transaction into which both parties are freely entering.
2.2 There are clauses contained in these Conditions which exclude, limit or modify the liability of Robore, its servants and agents,
in particular clauses 9,10,11 & 12.
2.3 All business transacted is subject to these Conditions as set out herein. All other terms and conditions are excluded. Any variation to the standard Conditions must be in writing and signed by a Director of Robore, and no employee or agent of Robore has authority to waive or vary these Conditions.
2.4 On acceptance by Robore of an order from the customer, such an order for goods or services cannot be rescinded without written agreement signed by a Director of Robore.
2.5 In the event of Robore being required to commence works on site, in advance of an order being placed by the customer the Robore terms and Conditions will apply for the contract duration.
3.0 Price of Services
3.1 An order is accepted only on the condition that the price of the services shall be those in force at the date of commencement of the services. Robore shall give written notification of any price change that shall be implemented between the acceptance of an order and the date of the commencement of the services. All prices and sums payable by virtue of these Terms and Conditions are subject to the addition of Value Added Tax or such other tax required to be paid by law at the rate for the time being in force.
3.2 All prices are nett unless specifically stated in writing to the contrary.
3.3 Prices do not allow for compliance with any noise restrictions peculiar to the works unless specifically stated in writing to the contrary.
3.4 Prices allow for all works being completed on one visit to site consisting of continuous efficient working.
3.5 Prices are based on working a five day week of eight hour days.
4.0 Services Specification
4.1 The customer shall within 14 days of the completion of the services carry out at its own expense tests to ensure that the services satisfy the specification as contracted by Robore and shall notify Robore in writing within such 14 days period of any failure to meet the contracted specification. If no such written notice is received by Robore within 15 days the customer shall be deemed to be satisfied by the services provided.
5.1 The parties to agree a programme of work prior to the commencement of the works to ensure efficient working and to prevent out of sequence working.
5.2 During the progress of the work should the normal rate of production be impeded by the encountering of unforeseen concealed objects in the material being worked upon the the cost of any resulting delay shall be recoverable from the customer by Robore at the daywork rates prevailing at the time. Any drilling/sawing of longitudinal steelwork, bolts, reinforcement within the material being worked detrimental to diamond cutting, will all be dealt with individually and the price revised accordingly.
5.3 Robore will take all reasonable steps to secure completion by the dates given but if completion of the works should be delayed for any reason outside the control of Robore, Robore shall within 7 days give written notice thereof to the Customer and a fair and reasonable extension of time shall be agreed between the parties.
6.0 Dayworks,Variations, Minimum Daily Charges and N.P.O
6.1 Dayworks and Standing/Waiting time due to reasons beyond Robore control will be charged at the following rates, inclusive of machinery transport and one operative; Diamond Driller/Chaser £36.88 per hour, Diamond Track sawer/Drilling & Bursting operative £43.75 per hour, Road Sawer £41.25 per hour, Wire Sawer £56.25 per hour, 2nd man/water control £20.00 per hour, Brokk 40/90/150 £60.63 per hour, Brokk 180/250 £81.25 per hour, Brokk 330 £93.75 per hour.
6.2 Dayworks will be carried out at the rates in 6.1 as authorised and agreed between the parties prior to the commencement of the dayworks. The records for daywork standing/waiting time will be recorded on the operatives worksheets and submitted to the customer not later than 5 working days following the day in which the works have been carried out.
6.3 Consumables used in dayworks will be charged at the rates prevailing at the time the works are carried out.
6.4 Robore require a minimum amount of priced work per day per operative equal to the daywork charges in 6.1 for an eight hour day. If this amount of work is not available a minimum daily charge calculated as aforementioned will be charged together with consumables as per 6.3.
Should Robore not exceed the appropriate minimum daily charge due to out of sequence working, excessive moving or other disruptive matters outside of Robore control, the minimum daily charge will apply.
6.5 Non productive overtime will be charged at £12.50 per hour for a minimum 8 hours for weekend and night work.
6.6 Any extra over to quantities will be priced on a pro-rata basis to the rates contained in the original price.
6.7 All works will be recorded on Robore worksheets on a daily basis and signed by the Customer to verify content. Variations in finished sizes will be charged accordingly.
7.0 Maintenance and Retention
7.1 Unless otherwise agreed in writing the contract shall not be subject to a period of maintenance following completion of the work and no sum of money is to be retained from the amounts due to Robore from the customer in regard to a period of maintenance of the works.
8.0 Facilities on Site
Unless otherwise agreed in writing by the parties the Customer shall provide free of charge the following:-
8.1 All necessary access, scaffolding or staging including its erection, also hoisting facilities where needed.
8.2 Temporary support for any concrete being cut out.
8.3 Marking out of all hole positions and lines of cut prior to the commencement of the works. Robore accept no responsibility for services being cut or damaged in areas of work marked by the customer.
8.4 Load and cart away all debris arising from our works.
8.5 A constant supply of water to hose unions at each level adjacent to our works. (25mm).
8.6 A constant supply of 110v/20a,240v/15a single phase, electric power to socket outlets to which we can connect at each level adjacent to our works (25m).
8.7 A constant supply of 415 volt, 3 phase, 20/35 amp electric power to isolator to which we can connect at each level adjacent to our works (25m).
8.8 All excavation and removal of spoil or other obstructions required to give reasonable access to the works.
8.9 Facilities and responsibility for the safe custody of all Robore equipment, materials and tools delivered to site.
8.10 Provision for all necessary fire and safety precautions.
8.11 Cleaning, drying out and/or making good any areas or materials affected by Robore work.
9.0 Force Majeure
9.1 Robore shall not be held liable or deemed to be in default of its Contract with the Customer for any failure to perform its obligations if such failure results directly or indirectly from force majeure.
10.1 Payment to be made strictly within 30 days of date of application. Any queries should be made within the first 7 days of receiving the application, otherwise it will signify that the application is agreed in full and payment will be made accordingly.
10.2 In the event that the customer is in arrears in the payment of any sums due, Robore shall be entitled to withdraw any credit facilities, and shall not be obliged to supply any further services whether orders have been accepted by Robore or otherwise. In the event of the customer ceasing to trade their directors shall accept jointly and severally to reimburse Robore for any outstanding debt.
11.0 Limitation of Liability
11.1 Robore shall be under no liability to the customer for damages or losses, direct or indirect, and specifically excluding any claim for damages howsoever arising if Robore have not been notified in writing in advance of commencement of the work by the customer of the exact route of all pipes,wires and services in the vicinity of any locations where Robore are providing services.
11.2 Robore shall have no liability for any indirect or consequential losses or expenses suffered by the customer howsoever caused.
11.3 Robores aggregate liability to the customer, whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the services which give rise to such liability in respect of any occurrence or series of occurrences.
12.0 Contractual Exclusion of the Customers Right to set off and Abatement
12.1 The Customer hereby agrees that all sums due to Robore under the Agreement between them shall be paid immediately when due without deduction and expressly agrees that no payment shall be withheld or deferred on account of any claim, counterclaim or set-off and acknowledges that any claim of whatever nature by the Customer against Robore must be the subject of separate proceedings and that the rule of abatement is expressly excluded from this Contract.
13.0 Health and Safety Regulations COSSH, Oct 1989
13.1 Prices are based on Robore operatives being sole persons working in the area where work is to be carried out. With this type of work problems may arise with regards to the above regulations. If any special requirements are needed to comply with site conditions and COSHH regulations Robore would be prepared to quote or advise on any additional requirements.
14.0 Governing Law
14.1 The formation, construction and performance of these Terms and Conditions of sale shall be governed in all respects by English Law.
Robore Cuts, Unit 16,
Mitcham Industrial Estate
Streatham Road, Mitcham, London CR4 2AP
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Copyright © Robore Cuts Ltd 2015. All rights reserved. Registered office: Unit 16, Mitcham Industrial Estate, Streatham Road, Mitcham, London CR4 2AP. Company number: 02735000