Maylarch Environmental Ltd
Terms and Conditions
The following terms and conditions apply to all tenders, quotations and sale orders placed with the company, whether known as Maylarch Environmental, Maylarch Demolition or Maylarch CPS.
The following terms and conditions apply to all tenders, quotations and sales orders placed with the company, except where modified in writing. They will be found to accord with the usual customs and statutory regulations in the industry and do not affect the client's rights under common law but are stated specifically to avoid misunderstanding.
The placing of an order/letter of intent with us by the client shall be deemed to be his acceptance of these terms and conditions which shall override any terms and conditions stipulated by the client whether referred to or contained in his enquiry, order or otherwise. All relevant paperwork will be forwarded on receipt of official order.
The Company will not accept any reference to Main Contract terms and conditions, which are not in our possession at the time of tender. All works to be carried out during normal working hours (8.00 am - 5.00 pm) Monday - Friday unless stated otherwise. The company will require isolation and disconnection of any live M & E services within the confines of the work areas. It is the client's responsibility to inform us of any services that must remain live during the works.
Prices
Prices are not subject to retention or discount. All prices are subject to VAT at the prevailing rate. Prices quoted do not include for making good unless specified in quotation. Prices do not include scaffolding unless specified in quotation.Price Fluctuation
Prices are valid for 60 days from date of quotation, after which time the company shall be entitled to make reasonable variations to the price if the labour, goods, materials, taxes and duties on which the quotation is based increase or decrease before the completion of the works. Quotations are given on the basis that access will be available for the purpose of the works, during normal working hours. If such access is not available, the company shall be entitled to make reasonable additional charges for the extra costs so incurred.Damage
Whilst every care is taken to ensure that there is no damage to client's property, the company will accept no responsibility for damage however arising, unless it can be clearly and unambiguously be shown to be a result of the company's negligence.Quality Assurance
Maylarch Environmental Ltd reserves the right to correct any agreed insufficiency or defects in works done and to address any reasonable cause for complaint by the client. If the company is prevented from taking appropriate remedial action within a reasonable time after completion of the work, the client will become solely responsible for any subsequent costs and/or alternative remedial actions whether agreed with Maylarch Environmental Ltd or not.Delay or Variation
If the works are suspended, delayed or varied at the clients request, or any other cause beyond the company's control they shall be entitled to make reasonable additional charges for the extra costs so incurred. Any changes to methods or control measures requested by the client which are over and above those priced will incur additional costs.Terms of Payment
All payments are due 30 days from date of invoice or payment application. If the value of the works exceeds £5000 we reserve the right to request interim payment during the works equal to the value of materials delivered to site and labour costs incurred and the client hereby agrees to make such payment within 14 days of application by the company. If such payment is not made the company reserves the right to suspend or abandon the work and to remove unfixed materials, tools and other equipment from this site.Overdue Accounts
The company reserves the right to charge the client on overdue accounts at a daily rate equal to 4% above the clearing banks base lending rate. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.Termination of Contract
We may terminate any contractual agreement with you on written notice immediately if you:1. being a company, pass a winding up resolution or a court order is made to that effect
2. being a partnership or unincorporated association, is dissolved, or,
3. if a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar official is appointed over any of your assets or you are made bankrupt or you otherwise enter into any composition agreement with your creditors. Cancellation or Delay If the client amends or cancels an order, we reserve the right to make charges to cover the cost so incurred at the date of cancellation or amendment. Delivery dates are given in good faith but we shall not be responsible for any delays in executing the works from causes beyond our control including, fire incidents, poor weather, transport/travelling delays, labour disputes or shortage of materials or equipment. Orders are accepted subject to us reserving the right to cancel without liability if we are prevented by reason of events that are outside our control. Variation of Terms and Conditions No variation in these terms and conditions will be admitted or accepted by Maylarch Environmental Ltd unless the same is in writing and signed by an authorised official of Maylarch Environmental Ltd. No employees, other than a director of Maylarch Environmental Ltd, acting on behalf of Maylarch Environmental Ltd has the authority to agree any variation or addition to these standard conditions or to make any representations relating to the order or any matter referred to therein.
Asbestos Surveying Services Terms and Conditions
1.Maylarch make a provision for safe access to a height of 3 metres. In the absence of provisions by others for the survey work to be safely undertaken over this height, only assumptions and estimates of content can be made. If additional access equipment is required then please advise.2.Type 3 surveys will generally involve breaking into unknown areas such as partition walls. Due to the small risk of un-controlled release we will require uninterrupted access for the duration of the works in an unoccupied space. If this is not easily achievable then please advise so that our methodology and control measures are adapted to suit your requirements.
3.Survey reports are provided to and for the benefit of the client exclusively. The company shall not be liable to any third party who seeks to use the survey reports. Survey reports may not under any circumstances be used by any third party without The Company's express written permission for any loss, damage, expense or injury of any kind whatsoever, consequently or otherwise, arising out of or due to or caused by any defects or deficiencies of any sort in the survey report whether such defects or deficiencies are caused by the negligence of the company or its employees or agents or otherwise.
4.An understanding to the scope of the proposed works will assist us to understand your requirements for the project and our inspections can be made to suit. Without this information we will make intrusive inspections to all areas where we suspect ACM's present. We will likewise need to be advised of any items / building components within the property that you do not wish to disturb as part of the survey.
5.Due to the procedures implied whilst surveying we advise that damage to decorations and building components is unavoidable. Maylarch do not allow for any making good.
6.All areas where safe access can be maintained will be surveyed (e.g. above false ceilings, inside risers, service ducts, lift shafts, etc.). Any areas that cannot be accessed that require surveying must be presumed to contain asbestos until such time it can be proven otherwise.
7.No disturbance of suspected ACM's will occur, as this would be a breach of the Control of Asbestos Regulations 2006. Therefore any areas behind suspected ACM's will not be inspected as part of the survey. These areas must be presumed to contain asbestos until such time as it can be proven otherwise.
8.Any exclusions listed in our report will have recommendations for further action, for example to re-inspect when building is unoccupied or to make further inspection of an area when licensed removal has made access possible.
9.In line with current legislations and supporting guidance documents, Maylarch undertakes to locate as far as is reasonably practicable any suspect Asbestos Contaminated Materials (ACM's). No survey however can provide a 100% guarantee that all asbestos has been located unless a building is completely taken apart.
10.Due to the nature of our works, as referred to in condition 9, Maylarch do not except any liability for any ACM's not identified within the report or for any delays caused to the construction programme.
11.We will require your written order a minimum of 10 working days prior to the commencement of site survey.
12.Payment terms: Our invoice will be presented with the Survey/Report. Payment will be due 28 days from date of invoice, subject to authorisation of credit control.
Asbestos Removal Services Terms and Conditions
1.We will require an uninterrupted ½ " pressurised water supply.2.We will require an uninterrupted suitable and sufficient 110 volt and 240 volt electrical supply.
3.Interruptions to work through no fault of our own will result in day work schedules being applied. 2 man gang (supervisor, operative and plant and equipment - 1 van, 1 Decontamination unit, 2 hoovers, 1 air mover, 1 smoke machine, 2 powered respirators) = £1000.00/day. Add £200.00/day/man for any additional men.
4.Prices are subject to H.S.E. approval of method statement.
5.Works may be subject to 14 day notice to the enforcing authority.
6.All work areas must be completely clear of loose items including furniture. Any extra work by our operatives in clearing areas will be re-charged. In cases where fixed furniture prevents removal, extra charges will be made to remove (But not re-instate) fixed furniture or removal will be limited to areas accessible to operatives
7.Although every care will be taken, we regret that we are unable to accept liability for any damage caused to decorations etc.
8.Cancellation of start date as shown on the HSE notification form (ASB 5) through no fault of our own would result in an administration charge of £85.00 and above day work schedule if we arrive on site and are unable to begin works.
Demolition Services Terms and Conditions
1.Interruptions to work through no fault of our own would result in day work schedules being applied. 2 man gang (Foreman, Labourer and van) = £525.65/day. Add £200.00/day/man for any additional men.2.Prices do not include for removing loose rubbish/items unless specified in quotation.
3.Prices do not include for - the removal of hazardous waste, disconnection of services, fencing, propping or waterproofing of works, unless specified in quotation.
4.Prices do not include for Diamond cutting/drilling, craneage or protection of works unless specified in quotation.
5.Prices do not include for removal of foundations unless specified in quotation.
6.All foundations will be priced at an average of 1m deep and of strip construction.