To download the full Terms & Conditions, please click here

TERMS & CONDITIONS OF TENDER / ESTIMATE / QUOTATION / WORKS

DEFINITIONS

‘Contractor’: GMR Property Services (Midlands) Ltd.
‘Employer’: The person or company for whom the works are being carried out as detailed overleaf, or elsewhere.
‘Works’: Only those works as described overleaf and/or as detailed in the Contract Documents specified.
‘Contract Documents’: This document and any further documents and/or plans as detailed overleaf.
‘Conditions’: These standard conditions of contract and any specific terms and conditions detailed in the covering letter overleaf which in the event of conflict shall take precedence over these conditions.
‘Tender’: The offer to carry out the Works for the Price as detailed in the estimate and/or quotation and/or letter provided, subject to the Conditions.
‘Price’: The sum or sums of money specified overleaf to be paid to the Contractor in consideration for its performance of the works, subject to the Conditions.

TENDER

2.1 This Tender constitutes an offer open for acceptance for a period of 28 days from the date of this letter, unless otherwise withdrawn.
2.2 The Contractor reserves the right to amend the Price should the required commencement date for the Works be after a period of 28 days from the date of this letter.
2.3 Unless otherwise stated the price is exclusive of VAT, and VAT shall be levied at the standard rate prevalent at the date of each invoice.
2.4 Unless otherwise specified, credit has been allowed for any materials removed to allow the execution of the work.
2.5 Unless otherwise stated in the Tender any/all excavations are deemed to be in normal soil and not exceeding a depth of 1.00m. Any variation is to be dealt with as per Section 6 of the Conditions.
2.6 Allowance has only been made for those works as specifically detailed within the Tender. Any additional or subsequent works will be dealt with in accordance with Section 6 of these conditions. Unless otherwise stated allowance has been made for construction, finishes and details in their simplest form.
2.7 The Tender as detailed overleaf, unless otherwise stated, is based upon the Contractor’s visual inspection and assessment of the works as directed by the Employer and/or their agent. As such it is possible that further works may be necessary in order to satisfactorily complete the Works as and when works have been opened up/exposed. Any additional/subsequent works will be dealt with in accordance with Section 6 of these Conditions.

CONTRACTOR’S OBLIGATIONS

3.1 The Contractor shall carry out and complete the Works in accordance with the Contract Documents using reasonable skill and care and materials, so far as practicable, and workmanship of a satisfactory quality and as described in the Contract Documents.
3.2 The Contractor shall comply with all statutory requirements in force as at the date of the tender. Any change to statutory requirements after the date of contract formation which may affect in any way the Works shall constitute a variation as per the Conditions.
3.3 The Contractor shall throughout the contract period adequately protect the works and maintain the site in a clean and tidy condition removing all excess materials, plant and facilities upon completion.
3.4 Defects which exist at or may appear within three months from the completion / occupation of the Works if proved to arise from workmanship or materials not in accordance with the Contract Documents will be made good by the Contractor at his own costs provided a notice in writing of such defects was given to the Contractor before the expiry of that three month period. Defects will be subject to an initial inspection from a competent member of staff from the Contractor before remedial works are undertaken.

EMPLOYER’S OBLIGATIONS

4.1 The Employer shall make payments to the Contractor strictly in accordance with the Conditions.
4.2 The Employer shall provide continuous and unhindered access to all areas of the site as is reasonably necessary for the Contractor to carry out and complete the Works.
4.3 The Employer shall provide, free of charge; Water, electricity, gas, oil, welfare, facilities and storage as is reasonably necessary for the Contractor to carry out and complete the works.
4.4 The Employer shall be responsible for and shall ensure that all valuable items, together with all or any items that could be damaged or contaminated by the Works are removed from the working areas/or are adequately protected, until such time that the Works are to be performed, but no liability is accepted by the Contractor for the ingress of any such dust.

COMMENCEMENT AND COMPLETION

5.1 The Contractor shall commence the works on the date detailed overleaf or as otherwise may be agreed by the parties.
5.2 The Contractor shall carry out and complete the Works within a reasonable time, unless a completion date is otherwise agreed.
5.3 Where a completion date is agreed, that date will be extended by a reasonable period in the event that the Works are delayed for any reason beyond the Contractor’s control , including but not limited to variations and/or delay caused by statutory undertakers.

INSTRUCTIONS AND VARIATIONS

6.1 The Employer may issue reasonable instructions including ordering of any variation to the works and the Contractor shall forthwith comply with the same except where the Contractor considers such instructions to be unreasonable and the Contractor provides notification to the Employer of this objection in writing. Any disagreement as to the reasonableness or otherwise of any instruction shall constitute a dispute.