- PERIOD OF VALIDITY OF TENDER: This tender is valid for three months and is conditional upon the return to Invicta Gas Limited (hereinafter called ‘the Company’) with a deposit paid.
- “Assume” or “Assumed” to be satisfactory (for TENDER purposes): This implies that the item mentioned is functioning and in a condition fit for purpose. Any works to correct or replace will be chargeable.
- ADDITIONAL WORK: Additional work undertaken on instruction from the customer will be charged at the prices ruling at the time such work is carried out. This must be paid to the engineer or Invicta Gas upon completion of works.
- OVERTIME: This tender is based on the work being done during the recognised normal working hours specified in the National Agreement of the Industry. No additional payment will be charged if the engineer works beyond their planned days work.
- TERMS OF PAYMENT: All payments should be made to the Engineer on production of an invoice, or as agreed by the Invicta Gas Representative upon completion of work. If work is carried out and fully functioning but awaiting a part e.g. damaged casing etc., then the cost of the outstanding item will be deducted off the invoice total until it is corrected. Commencement payments, where arranged, must be paid to the engineer or Invicta Gas within the first three hours of arrival. Failure to effect such payment will entitle the Company, if it so decides, either to suspend work on the contract until payment is made or to determine the contract by notice in writing and, upon such determination, the customer shall be liable to pay:-
(a) The total value of work completed at the date of determination;
(b) Total value of work begun and executed and not completed at the date of determination;
(c) The cost of materials or ‘goods’ properly ordered for the works for which the Company shall have paid or are legally bound to pay;
(d) Any direct loss and/or damage caused to the Company by the determination;
(e) The balance of the contract price, together with any extras will be invoiced on completion of the works;
(f) Customer is only entitled to withhold 10% of outstanding price should job not be completed.
(g) Credit cards incur an additional charge of 2%.
(h) Overdue balances that are passed to external debt collection agents may affect credit rating.
(i) If payment is not received within the payment terms agreed as stated above a 20% charge will be applied and the account forwarded to our external debt collection agents. It is the responsibility of the customer to ensure that the payment(s) will be received as no reminder will be sent.
(j) Invicta Gas reserves the right to charge the customer on overdue accounts at a daily rate equal to 4% (four percent) above the clearing banks base lending rate.
(k) Any costs applied from external sources for gaining payment of outstanding monies will be payable by the customer in full and will be added to the account for collection. After instruction has been given to a third party no communication will be entered into from Invicta Gas Ltd or its operatives.
- 0% FINANCE: 0% Finance paperwork is to be completed and accepted 7 days prior to commencement of work.
- MATERIALS: The property in unfixed materials shall not pass until all materials shall have been paid for in full. All materials on the site, fixed or unfixed, are at the sole risk of the Customer, and in the event of any of the same being damaged, destroyed or stolen, the Company shall be entitled to full payment therefore and also for any work damaged, destroyed or lost, and the cost of replacing any such materials and of reinstating or restoring any such work shall be provided that the Customer shall not be responsible for any loss occasioned solely by the negligence of the Company’s employees or agents.
- GUARANTEE: The Company will repair, or if necessary, replace free of charge to the customer any materials or work found to be defective if the defect is due to faulty manufacture or bad workmanship and is brought to its attention within 12 months of the completion of the work. Servicing of domestic gas appliances is covered by a twenty-eight day guarantee only. Appliances (used or new) will not be covered by our guarantee if Invicta Gas does not supply them. Any other condition or warranty whether expressed or implied by Statute of Common Law is excluded so far as the law allows provided always that:-
(a) the Company accepts no responsibility for any drawing, design or specification not prepared by it and submission of this tender does not constitute any warranty, guarantee, representation or opinion of the practicality of work to be executed by the Company in accordance therewith and the cost of any additional work caused by defects in any such drawings, designs or specifications shall be chargeable as an extra under Clause 3 hereof;
(b) The Company shall not be liable for any consequential loss or damage caused directly or indirectly by any defect or otherwise howsoever caused;
(c) The Company shall not be liable for any loss or damage, direct or indirect, for any extra work entailed due to the apparatus being put into operation by the Customer or by the Company at his request before it is handed over for beneficial use. This guarantee is not transferable to third parties.
- DRAWINGS: Unless expressly stated, drawings submitted with this tender shall not be binding as to detail.
- THIRD PARTY LIABILITY: The Company shall not be liable for and the Customer shall indemnify the Company against any claim (other than the negligence of the Company or its employees) by or loss or damage to any person or property directly or indirectly occasioned by or arising from the use of operation or possession of the works. This indemnity shall extend to the costs of any legal proceedings.
- COMPLIANCE WITH LAW AND GOVERNMENT REGULATIONS: Acceptance of this tender constitutes a warranty and representation by the Customer that he has complied with every applicable Statute Order in Council Regulation or Direction Bye-Law or other lawful requirements or instruction whether of the Government or of any local or other lawful authority and in particular that he has lawfully obtained every necessary licence, permit or authority that may be required in connection with the work.
- COMPLETION AND DELIVERY: Every effort will be made to complete the works by the time stated. However the Company accepts no liability for any loss or inconvenience arising from delays due to strikes, lockouts, and shortage of materials, adverse weather conditions or other causes beyond the Company’s control.
- TERMINATION OF CONTRACT: If for any reason the contract is terminated by the Customer, his architect, or other agent or contractor before the work is completed or if the Customer, his architect or other agent or contractor interferes with or causes any unnecessary or unreasonable delay to the completion of the work, in which event the Company shall have the right to determine the contract by notice in writing and upon any such determination, the Customer shall be liable to pay:
(a) The total value of work completed at the date of determination;
(b) The total value of work begun and executed and not completed at the date of determination;
(c) The cost of materials or goods properly ordered for the works for which the Company shall have paid or are legally bound to pay;
(d) Any direct loss and/or damage caused to the Company by the determination.
(e) Any charges for re-stocking standard appliances/materials/parts.
(f) Full payment for bespoke/custom built appliances/materials/parts.
- EXCLUSION: Unless specifically stated, Invicta Gas’ tender does not include the costs of making good decorations, walls, floors or other parts of the premises, nor for the supply and erection of scaffolding (even if we have tendered to work off ladders but find on commencement that it is impossible to carry the work out safely), fuel, water, gas or electrical current, fees of district surveyors, insurance inspectors or other inspecting authority.
- DAMAGE: Whilst every care is taken to ensure there is no damage, clients are advised to remove or cover floor covering, furniture, objects from walls etc. in the room or area that work is to be carried out, when there is a possibility of damage, as no responsibility can be accepted by Invicta Gas.