STANDARD TERMS AND CONDITIONS OF CONTRACT

1.  DEFINITIONS

1.1.  In these Standard Terms and Conditions of Contract, the following words have the following meanings:

1.1.1.  ‘ PCI’ - means Premier Cable Installations Limited whose registered office is Premier House, 10 Vickery Way, Chilwell, Nottingham, NG9 6RY. Company registration number 03658348.

1.1.2.  ‘Customer or Client’ - means the Company who contracts any part or all of the works to be carried out by PCI.

1.1.3.  ‘Quotation’ - means the document provided by PCI to the Customer detailing the costs of works to be carried out.

2.  PRICE BASIS

2.1.  Unless stated in our quotation or requested in writing by customer at time of enquiry, PCI quotations are provided by PCI to the Customer and are based on one continuous visit to site between Monday and Friday during normal working hours of 37½ per week to carry out the works.

2.2.  Where this is not the case, any additional costs incurred by PCI may be chargeable to the Customer to these extra costs.

2.3.  All cable routes and equipment are deemed to have been inspected by the Customer and deemed fit for purpose.

2.4.  Where this is not the case, any delays or abortive costs will be submitted to the Customer for payment in full for a full shift or part of where other works may be available.

2.5.  PCI may attend site prior to installation works being carried out and may be asked their opinion of the cable routes or equipment provided, which we will offer for guidance purposes only unless we are specifically requested to design and/or install the cable route/containment or equipment. PCI will not be liable for any losses incurred by any party should the installation provided not be suitable for purpose.

2.6.  Any losses incurred by PCI due to inadequate cable installation routes, equipment or containments where works cannot be carried out or completed will be chargeable to the Customer as a minimum day charge as per our cancellation policy.

2.7.  Any subsequent site visits that PCI may incur that have not been allowed for within our costs may also be deemed as extra and chargeable.

2.8.  PCI do not accept any responsibility for any damage whatsoever, where the cable containment system provided is not suitable and causes any damage to either the Customer, Clients or PCI property. Any costs incurred by PCI due to any such event will be charged to the customer.

2.9.  Where cables are installed in cable ducts, the Customer is deemed to have inspected the routes to ensure that the ducts are free of blockages, contain 1 draw rope in each duct and that there is suitable capacity within the duct system to accept the cables to be installed.

2.10.  It is the Customers responsibility to ensure that suitable access chambers are provided to enable a satisfactory installation to be carried out in accordance with IEE regulations and that correct bending radius may be achieved for the cables during and after installation.

2.11.  PCI do not allow to lift or replace any manhole covers or any other type of access covers to gain access to the cable ducts.

2.12.  Any covers which require lifting should be done so and any barriers and signage put in place by the Customer in advance of commencement at no cost to PCI.

2.13.  It is the Customers responsibility to ensure that all cable routes are free of water and are pumped out in advance of our arrival to site. PCI do not allow to pump out any water on any parts of any cable routes, nor do we allow any equipment that does pump out any areas whatsoever.

2.14.  Any delays causing waiting time for PCI operatives will be deemed as extra and chargeable to the Customer.

2.15.  Within our quotation, we will allow to move cable drums manually by rolling up to 100 metres on hard, flat surfaces subject to the cable drums not weighing any more than 1500KG. Where a cable drum exceeds this weight and/or does not fit the criteria stated, we reserve the right to pass the obligation on movement of the cable drums back to the Customer at no cost to PCI. Suitable floor protection will be the responsibility of the Customer and no costs for any damage whatsoever shall be met by PCI if this is not in place.

2.16.  Where we set up cable drums for installation purposes, it will be the Customers responsibility to provide an area of flat hard standing suitable to jack up the cable drum and cordon off a suitable exclusion zone to enable the works to be carried out in a safe manner prior to our arrival on site.

2.17.  If for any reason our operatives cannot carry out the works we have been contracted to carry out by the Customer, we reserve the right to charge the Customer a minimum day charge of 7½ hours for each operative on site and include any transport costs, travel allowances, overheads, costs and profit associated with each operative being charged for.

2.18.  It will be the Customers responsibility to protect the works once it has been installed by PCI, it will also be the responsibility of the Customer to provide adequate protection to existing installations, floors, building and equipment during installation of cables where required.

2.19.  PCI will issue Risk Assessments and Method Statements (RAMS) prior to commencement of works.

2.20.  It is the Customers responsibility to ensure that these have been approved by the ultimate Client prior to our arrival on site. If any alterations need to be made to the RAMS prior to arrival this can be done at no additional cost.

2.21.  Where RAMS have been submitted in advance for approval and our operatives cannot carry out works due to non approval, any waiting time or abortive costs incurred by PCI will be charged to the Customer.

2.22.  The prices detailed within our quotations are quoted in GBP £ and are firm and fixed for the duration of the quoted delivery period.

2.23.  Our quotations are based upon us receiving a single order for the full quantity and scope of equipment detailed in our quotation.

2.24.  We reserve the right to review and amend the prices in the event of an order being based upon a reduced or increased quantity and/or scope.

2.25.  Rates are quoted as per metre / unit rates for each size & type of cable requested.

2.26.  Where per metre / unit rates are requested, these will be prorated for the entire works package and are subject to a minimum day charge where the quantity of works does not exceed our minimum day charge.

2.27.  Where a schedule of rates is supplied to a Customer for a particular contract, PCI reserves the right to alter the rates charged where no fixed amounts have been ordered by the customer should we deem this necessary.

2.28.  The Customer will be provided with a new schedule of rates in advance of additional works being carried out and will have the right to appoint a new sub-contractor should they not accept the new rates provided by PCI.

2.29.  PCI reserve the right to stop any further installation works once the agreed lengths that they have been contracted to install has been achieved.

2.30.  Any additional lengths installed by PCI to that of the contract will be installed on a pro-rata basis where no new rates have been agreed upon completion of contracted lengths.

2.31.  Alternatively, a lump sum price may be quoted for the entire works package.

2.32.  Any difference in quantities installed may alter a lump sum price.

2.33.  The lump sum price will not be below our minimum day charge for the amount of operatives sent to site.

2.34.  Details of our minimum day charge are available upon request.

2.35.  Any work that is to be undertaken on a day rate basis will be charged to purchasers account in accordance with our standard schedule of rates for the geographical area we are working in. We would be pleased to submit details of rates upon request.

2.36.  All prices detailed in our quotes are exclusive of UK VAT, if applicable this will be charged extra at the appropriate rate at the time of invoicing.

2.37.  Unless stated, all works are based on works being carried out during normal working hours between Monday and Friday between the hours of 08:00am upto 16:30pm and are based on a minimum of a 7½ hour day charge for each operative along with any other associated costs.

2.38.  Where we cannot achieve our minimum day charges of 7½ hours for our operatives through no fault of our own, we reserve the right to charge the difference in the amount of works we have carried out during the day up to the amount we would charge for a full day.

2.39.  Unless specified, our price to install cables are for the installation in their entirety during one visit to site.

2.40.  Where this cannot be achieved through no fault of PCI, we reserve the right to charge for any additional works / costs this may cause PCI including, but not limited to, additional site visits.

2.41.  Should works need to be carried out during night shifts, evenings or weekends, this will incur additional overtime costs which, unless stated and included in our quotation, would be deemed as extra and chargeable to the Customer at our standard overtime rates which we will submit upon request.

3.  ADDITIONAL WORK / MODIFICATIONS TO ORDER

3.1.  Should there be any additions or modifications required after work has commenced, we would be happy to accommodate this wherever possible, chargeable as an additional cost.

3.2.  Any ‘knock-on’ effect this may have on the Clients programme will not be the responsibility of PCI and no additional charges or contra charges will be passed on to PCI because of this.

4.  MATERIALS

4.1.  Unless stated within our quotation, all materials required to carry out the installation and final dressing of the cables will be provided by our Customer free issue with no costs passed on to PCI whatsoever for supply of goods.

4.2.  PCI will undertake to look after any recorded materials issued to our operatives whilst in our possession/control but are not responsible for the security of any goods stored on site or once they have been used/installed.

4.3.  All materials provided by the Customer will be deemed as suitable for the installation and be the correct size, dimension and specification for the works to be carried out. Any failure to meet the criteria will be the Customers responsibility.

4.4.  PCI does not allow to carry out any alterations whatsoever to materials, equipment or goods provided nor offers any sort of warranty to any items that are altered.

4.5.  Where PCI may be asked to provide their own access materials, the customer will provide a safe place of storage for equipment left on site overnight and take reasonable steps to provide adequate site security to protect these items.

5.  VARIATION IN BASE MATERIAL PRICES

5.1.  Should any variation in the base costs of core materials (i.e. copper, lead, aluminium, HV Jointing Materials) be applied from our suppliers between the date of our quotation and the date of order issue to our suppliers we fully reserve the right to pass this on to our customer where we have been asked to supply any materials where the prices have been affected.

6.  CANCELLATION / POSTPONEMENT CHARGES

6.1.  In the event of a Client cancelling a job within 48 hours of the agreed start date, the Customer will be liable to pay a cancellation fee.

6.2.  This will comprise of the cost of at least 1 full 7½ hour shift for the workforce booked to carry out the cancelled works. This will include any additional costs incurred by the company including, but not limited to , JIB holiday / benefit stamp, national insurances, overheads and profit.

6.3.  This charge will be at the discretion of Premier Cable Installations Limited ‘(PCI)’ as a result of us not being able to reallocate labour that was scheduled to be involved in the project.

7.  PLANT / EQUIPMENT

7.1.  Unless stated otherwise within our quote, all necessary access equipment required to carry out the safe installation of the works will be provided free issue from the Customer.

7.2.  It will be the Customers responsibility to ensure that the equipment is in good working order, has been inspected/erected and deemed as safe to work on and is fully charged/fuelled where required so as not to cause any delays or hold ups to our installation team.

7.3.  Where powered access equipment is provided by the Customer, PCI will only use authorised and trained operatives to work these machines and will provide details of training licences prior to usage to the Customer for operatives.

7.4.  Where PCI may be asked to provide their own access equipment, the Customer will provide a safe place of storage for equipment left on site overnight and take reasonable steps to provide adequate site security to protect these items.

7.5.  Any losses incurred where the Customer may have been deemed to be negligent in their duties will result in a claim for lost or damaged equipment.

7.6.  PCI will provide standard installation equipment to carry out the installation work. This will include 6 tonne cable jacks, jack stands, cable rollers, cable stockings, 110V electric winches/hoists, diesel or petrol powered winches, slings, pulleys and ropes.

7.7.  7. Details of calibration certificates are available upon request. Any special equipment that may be required and hired in will be provided by PCI as long as we are made aware in advance of a specific requirement and have included this within our costs, otherwise the additional cost will be met by the Customer.

7.8.  The Customer is responsible for providing either a 110v or 240v supply within a reasonable distance of where it may be required, reasonable being that of it not being a distance so far away that it affects the performance of our electrical equipment used to carry out the installation works.

7.9.  PCI will not move any drums, whatsoever, that weigh in excess of 2250KG as this will require specialist lifting equipment which has not been allowed for in our quote.

8.  TERMINATIONS

8.1.  PCI quotations for cable terminations allow for the labour only to carry out the terminations unless stated otherwise.

8.2.  PCI provide calibrated Cembre hydraulic crimping tools as a standard for final connections.

8.3.  For terminations to be warranted, the Customer should supply suitable Cembre lugs.

8.4.  Where Cembre lugs are not supplied by the Customer, the Customer must either;

8.4.1.  Provide a suitable crimping tool to match the type of lugs they have provided.

8.4.2.  By providing anything other than Cembre lugs, the Customer agrees to indemnify PCI for any faults that may occur due to usage of a Cembre hydraulic crimping tool on a lug that is not of Cembre manufacture.

8.5.  LV cable termination (upto 1000V) rated allow to carry out terminations up to a maximum tail length of 1200mm, the tail length is the length of conductor from the cable gland to the bus bar connection point.

8.6.  We reserve the right to charge an additional amount for tail lengths in excess of 1200mm.

8.7.  MV cable termination (3.3 kV upto 11 kV) rates allow to carry out terminations up to a maximum tail length of 650mm, the tail length is the length of conductor from the cable gland to the bus bar connection point.

8.8.  We reserve the right to charge an additional amount for tail lengths in excess of 650mm on all MV terminations.

8.9.  Rates per termination allows to fit cable glands, where required, poke into switchgear, cut to length and prepare each conductor, fit lugs and connect to bus bars to one end of the cable.

8.10.  Where any special equipment is required to carry out the termination of any cables, all costs to hire or purchase this equipment will be passed on to the Customer unless PCI are made aware of the requirement in writing in advance of submitting a quote.

8.11.  Unless specifically requested or stated within our quotation, supplementary earth bonding of cables is not included within our termination costs. This would be deemed as extra and chargeable.

8.12.  It is the Customer's responsibility to provide PCI with any torque settings that may be required for any electrical connection and to provide PCI with a calibrated tool to make the connection.

8.13.  Where this has not been provided by the Customer in advance of the connections being made, it will be the Customer's responsibility to make the final connection to the correct torque settings.

8.14.  Unless stated, PCI does not allow to carry out any testing or certification whatsoever of the cables or terminations and it remains the Customers responsibility to carry out the appropriate tests to ensure the integrity of the termination and issue their own certification to the ultimate Client.

8.15.  It is the Customers responsibility to arrange any permits to work to carry out any works which may require this action with the minimum of delay to PCI.

8.16.  It is the Customers responsibility to inform PCI of any site specific requirements at least 7 days in advance of our operatives agreed start dates.

9.  VALIDITY

9.1.  Quotes are open to acceptance for 30 days from date of receipt and unless stated, are based on works being carried out in the same calendar year as the date of the quote unless otherwise stated in the customer's enquiry to PCI.

10.  PAYMENT TERMS

10.1.  Payment is 30 days from the date of invoicing for credit approved Customers.

10.2.  Where we have no trading history with a Customer or a Customer with a poor credit rating (as per Experian rating), we reserve the right to issue a proforma invoice with payment of 100% made prior to commencement of works.

10.3.  Where payments have been made in advance, any refunds due will be agreed between the parties involved and a BACS refund will be issued within 7 days of agreement less any costs incurred by PCI.

10.4.  Order acceptance is conditional upon the Customers credit rating being acceptable to our Finance Department at the time of order placement.

10.5.  In the event that the Customers credit rating is not acceptable then we reserve the right to renegotiate the payment terms prior to order acceptance.

10.6.  The Customer shall not be entitled to withhold cash retentions or discounts unless agreed by both parties prior to acceptance of order.

10.7.  The Customer shall, at all times, remain liable for the full and timely settlement of invoices that are correctly issued by us under the terms of the contract.

10.8.  Payment of invoices shall not be conditional upon the Customer first receiving payment(s) from any third party.

10.9.  PCI reserve the right to charge interest at a rate of 7.5% above Bank of England base rate, on any overdue payments from the date they become due.

10.10.  PCI reserve the right to take legal action to recover any such debts along with all associated costs of recovering these debts.

11.  WARRANTIES

11.1.  PCI will offer the standard manufacturer's warranties of upto 12 months where any materials are supplied by PCI.

11.2.  For any warranty claims, PCI must be given written notice within 48 hours of any defect or failure of any product covered by the warranty within the given warranty period.

11.3.  We reserve the right to visit the site of the installation or to require documentation of the claim before assuming any responsibility under the provisions of this warranty.

11.4.  Any item returned under this warranty, if shipped, must be sent freight costs prepaid. PCI will deliver repaired or replaced products to buyer, freight costs prepaid.

11.5.  Repaired or replaced product shall be warranted for the unexpired portion of the original warranty period.

11.6.  Any warranties granted or liabilities assumed hereunder will not apply to products that have been damaged, altered, repaired or operated otherwise than in conformity within the requirements for safe operation and maintenance.

11.7.  This warranty does not include costs or reimbursement for labour. There are no other warranties which extend beyond those expressly set forth herein and PCI obligations and liabilities hereunder are in lieu of, and PCI disclaims all other warranties and guarantees and all other liabilities therefore express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or of fitness for a particular purpose.

11.8.  In no event will PCI be liable for any damages, either direct, incidental, consequential or otherwise.

12.  SITE SAFETY

12.1.  So that we can accommodate safety requirements that may be needed on your site, we will be pleased to receive your advice about any hazardous areas, processes or situations likely to be in the proximity of our operations.

12.2.  Prior to site installation, risk assessments are carried out by competent staff and method statements drawn up.

12.3.  Point of work Safety Assessments (POWSA) are carried out by our site supervisor and communicated to each personnel.

12.4.  PCI operatives are trained for specific tasks, details of training will be provided upon request and where we are aware of specific requirements on site.

12.5.  Customers are not to expect PCI operatives to carry out any tasks that they have not been trained for and/or they have not received the specific training certificate for the task.