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John Wall Drainage Service Ltd Terms and Conditions of Contract

John Wall Drainage Service Ltd shall hereafter be referred to as the "Company". Reference to "the Employer" throughout these conditions means the party or parties named overleaf. Unless otherwise agreed in writing, the terms and conditions of this agreement shall apply to any order placed by the customer. In the event of any inconsistency between these terms and those passing between the parties these terms shall prevail. No variation of the terms and conditions shall be allowed unless expressly accepted in writing.

General Terms and Conditions of Contract.

  1. In the event that the Company's employees cannot execute the works on the agreed date or dates because the under mentioned requirements headed "Services to be provided by the Employer" have not been met then the Company will charge the fixed price sum or the standard rate for that day or day's when the employee's were requested to be on site, which ever is applicable. Any subsequent visits made to complete the works will be carried out on the appropriate hourly rate at the time.

  2. A minimum charge of 1hour and thereafter per hour for each hour and part of. Charges include for time to fill the jetter with water, completion of the worksheet, drawing of location of drainage attended to and travelling time. A minimum charge of £30 will be applicable for minimal waste removed (10 kilo or less) from site for disposal, unless it is classed as 'special waste' or requires additional vehicle or skip to remove the waste.

  3. The customer is responsible for providing parking arrangements for vans, jetting units, tanker unit and/or equipment required to carry out the works and any costs associated i.e. parking fees, parking fines, permit fess, etc.

  4. Telephone conversations may be recorded.

  5. No complaint or query will be recognised after 14 days.

  6. The work shall be deemed to have been completed if, where possible, the drain is running, or the operator has attempted to clear the drain or the operators report and drawing has been obtained throughout the works and where requested, a report of all significant features presented.

  7. The Company is insured in respect of both Public and Employers Liability Insurance, details of which can be supplied upon request.

  8. The Employer shall be deemed to have complied with all requirements in law of access way leave payment of fees and is to indemnify the Company against any cost, damage, charges and proceedings arising out of non-compliance with any such requirements. The Employer shall indemnify the Company against any costs howsoever arising in respect of all reinstatement and/or remedial works made necessary by the execution of the works in a reasonable and workmanlike manner.

  9. Quotations are valid for a period of four weeks.

  10. Prior to commencement of the works on site the Employer may cancel this agreement/contract at any time by giving the contactor a weeks written notice, and shall be liable to pay the contractor for all work undertaken and all expenses incurred preparing for the works including any materials and/or associated costs.

  11. If no credit facilities are in place, the Employer agrees to pay the Company on completion of the works.

  12. If credit facilities have been agreed our Terms of payment are strictly NETT thirty days from date of invoice. Overdue accounts will be charged 8% interest over the base rate of Barclays Bank plc from the due date until the date of payment.

  13. All prices quoted herein are exclusive of VAT, which will be charged at the appropriate rate ruling at the date when the work is undertaken.

  14. All quotations submitted and orders accepted are subject to the all company terms and conditions of contract and no addition thereto or variations thereof shall be made or can apply unless agreed in writing. In particular any condition in an Employers order inconsistent with these conditions shall not apply.

  15. Where a dispute arises over the Company's or the Employers contract and/or terms and conditions the Housing Grants Construction Regeneration Act 1996 will apply.

  16. The company reserves the right to reject an order on giving written notice thereof to the Employer. No costs will be accepted by the Company for any arrangements made by the Employer.

  17. Any costs incurred by the Company by way of equipment repairs or replacement or loss of income caused as a result of negligence by site personnel supplied or employed by the Employer will be fully reimbursed by the Employer.

  18. In no event shall the Company be liable to the Employer, whether in contracts, warranty, tort (including negligence or strict liability) or otherwise for any special, indirect, incidental or consequential damages of any kind or nature unless expressly negotiated or agreed prior to execution of the contract.

  19. An administration charge of £15 is payable in respect of each cheque we present for payment that is dishonoured by your bank for whatever reason. A maximum of two dishonoured cheques will be accepted before court proceedings is started.

  20. The company may check your details with one or more licensed credit reference and fraud-prevention agencies. The company may keep a record of this search and the payment details from your account, and share it with other organisations. If a person provides false or inaccurate information and we suspect fraud, this is also recorded.

  21. An English court, local to John Wall Drainage Service Ltd office address shall deal with any legal dispute arising. If court action is required, the Employer will be liable for all court, administration and all associated costs.

  22. The Company will arrange for interceptors to be re-filled with water on completion of emptying by the tanker and will be charged for accordingly.

  23. Unless otherwise stated, the Employer will be responsible for the cessation, diversion and disposal of excess debris from the drains or the cost for disposal.

  24. The Company will assist with the movement of property to enable access, if required, but will not accept any liability for damage to said property. Unless otherwise advised, prior to the arrival of the Company the Employer shall be responsible for creating safe access points of a sufficient size to enable entry in to the drain and make good said access points on completion of the works.

  25. Unless otherwise stated, it is the Employers responsibly to obtain any consent required from the local authority or any other agency for all permissions to connect on their apparatus (drains/sewers etc.). Unless otherwise stated, the company assumes this has been sought and approved prior to work commencement.

  26. Unless otherwise stated the Employer shall price and be responsible for the control of sufficient notices, lamp signals or any other equipment necessary for the safety and control of pedestrian or vehicular traffic. Where condition requires it, an additional man or men or portable traffic lights are to be provided for the direction and control of traffic.

  27. In the event that working time is lost on site due to delays cause by the Employer, his representative or by contactors employed by the employer or by storm, flood, tidal or pump failure the employer shall be liable for the additional cost incurred by the contractor. In the event that the contractor experiences delays for which they are not responsible, the Employer shall be liable for the companies additional costs.

  28. If access is required onto private land it will be the Employers responsibility to ensure all relevant permission is obtained.

  29. In the event that the company is required to work in a confined space as defined by the Health and Safety at Work Act or in any manhole deeper than 1.4m the company reserves the right to charge for additional safety equipment.

  30. The Employer shall arrange permission for the Company to draw water, free of all charge, through a 60mm standpipe from a fire hydrant for the purpose of filling the jetter. The Company will in this regard provide the standpipe, hoses and keys.

  31. The Employer will be responsible for the diversion of traffic, where applicable, to enable the works to be carried out during normal working hours.

  32. The Employer will be responsible for providing drawings necessary for the location of drains and all access points, scale drawings and details of all buried services to be delivered to the Company at least seven days before the date(s) fixed for carrying out the work. No financial liability will be accepted for any buried services/abnormal ground conditions that require re-locating/removing to allow the drainage works to continue or for repair of damage to services not previously informed. Notice of any known dangers to be aware of i.e. Chemical, tidal etc will also be required from the Employer. If the aforementioned information is not received seven days before the date fixed for carrying out the work then it is assumed that no services/dangers exist on site.

  33. If damage or loss is sustained to the companies equipment due to reasons beyond their control or due to defective pipe work or some other unknown risk, the company reserves the right to charge for the costs of retrieving the equipment, including the instruction of another contractor and/or costs to replace the equipment and all associated equipment. The company also reserves the right to charge for loss of profits at the rate of £250 (Excl VAT) per day due to downtime of the equipment up to a maximum of 7 days. If after this time the equipment has not been retrieved, the Employer is fully responsibility for full replacement of the equipment and all associated equipment.

  34. The Employer will inform the Company of the names of his site supervisors and deputies from whom the Company's employees take instructions.

  35. Where applicable the Employer shall be responsible for supplying "letters of introduction", notifying the service users of the Company's presence and requirements.

  36. It is the responsibly of the Employer to inform of any chemical which may run though the drainage system.

  37. Although every endeavour is made to ensure the accuracy and definition of the report, the Company cannot be held responsible for any action taken or cost incurred by the Employer, his servants or agents, consequent upon the report, or for any losses incurred by the Employer, his servants or agents howsoever arising.

  38. If the planned dates for works cannot be carried out due to reasons beyond our control (e.g. weather conditions) the works will be rearranged at the earliest opportunity.

  39. Services:
    CCTV - Refer to separate terms and conditions for full details.
    Excavation - Refer to separate terms and conditions for full details.
    Lining & Patch Lining - Refer to separate terms and conditions for full details.

John Wall Drainage Service Ltd. Tel: 0151 495 1929
Chapel Court, Page Lane, Widnes, Cheshire. WA8 0AB