1.1. These terms and conditions shall apply to all orders placed after 1 January 2020. Placing an order, by whatever means, shall be considered acceptance of these terms and conditions.
1.2. The terms contained in this document (Trading Terms) apply to all transactions for the purchase of the Service (each a “Service” or, two or more, the “Services”) from Cole Contractors Cardiff Limited (the Company).
1.3. By ordering any Service from Cole Contractors Cardiff Limited you are bound by these Trading Terms. They form a legal agreement and can only be amended with consent from the Company.
1.4. The Company reserves the right to change the Trading Terms without prior notice to you, provided that any such change will not affect any purchases you have made before the change is implemented.
1.5. Failure by the Company to enforce a right does not result in waiver of such right; assignment or transfer of your rights under these Trading Terms is not permitted.
1.6. If any part of these Trading Terms is found to be unenforceable as a matter of law, all other parts of these Trading Terms shall be unaffected and shall remain in force.
1.7. Any dispute arising out of or in connection with these Trading Terms will only be dealt with by the Welsh law and courts.
1.8. Any person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
1.9. Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Trading Terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
1.10. You shall not be entitled to withhold payment or set off any amount due to us because of any claim for breach of any other agreement between you may have with the Company.
1.11. The Company is a substantial company within the Systems 80 Group of Companies and does not consider it necessary to provide a parent company guarantee for the performance of its obligations to carry out the Service.
2.1. All orders placed are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.
2.2. We will confirm acceptance of your order/enquiry and confirm delivery dates, times, locations etc.
2.3. Provision of an order number and order value (GBP) is a prerequisite prior to the Company mobilising to deliver your Service.
3. Prices and payment
3.1. All prices are in pounds sterling (£, GBP).
3.2. Quotations are valid for 30 days from date of quotation.
3.3. The price of the Service(s) shall be subject to the addition of VAT and a sum equal to any other government duty, tax or levy applicable to the Service, any ingredient of the Service or applicable to the Sale of the Service.
3.4. Provision of a quotation does not constitute an agreement to undertake the Service(s).
3.5. Works will only be carried out subject to a sufficient controlling credit facility granted to you by the Company and payments shall be made to us for all work properly executed within the agreed payment terms.
3.6. Where satisfactory credit facilities are not agreed, payment in advance of the works may be required.
3.7. Payment terms are 30 days post invoice date unless otherwise agreed.
4. Postponement & Cancellations
4.1. The Company reserves the right to charge for the Service(s) (either in full or part thereof) if the Service(s) is cancelled or postponed if the notice period is shorter than:
• Sweeping 3 days
• Plant Hire 1 Week
• Contracting 1 Week
• Labour Hire 3 days
5. Delivery of Services
5.1.1. There is a minimum hire period for Road Sweepers as detailed below, which is inclusive of travel to and from your site (typically one hour each way):
• Monday to Friday 4 hours
• Saturday 6 hours
• Sunday 8 Hours
• Night Shift 12 hours
• Bank Holidays 8 Hours
5.1.2. Long term contract hire at negotiated rates is also available.
5.1.3. Price(s) will be confirmed on placement of order.
5.1.4. If waste is to be removed from site, a tipping fee will be incurred; please notify us at point of order.
5.2. Plant Hire
5.2.1. Minimum hire period for plant is one day (12 hours).
5.2.2. Transportation of plant to and from site will also be applied.
5.2.3. Price will be confirmed prior to mobilisation.
To enable us to provide you with an excellent service we wish to mutually agree the following prior to acceptance of an order:
5.3.1. A programme of works, referenced to a defined scope, which shall be incorporated into the subcontract.
5.3.2. Where a programme is not provided and the quotation allows for multiple visits to site, each visit is deemed to be of equal quantity and we reserve the right to amend or revise our rates, for variable visit quantities.
5.3.3. A methodology for the construction of chambers, gullies or the like prior to commencement.
5.3.4. Our rates are submitted on the understanding that no ironwork shall have been constructed prior to commencement of the works.
5.3.5. A method of payment for works instructed to be carried out on a day-work basis; unless otherwise agreed this shall be based on CECA rates.
5.3.6. Unless otherwise detailed in our quotation, we have allowed for our works to be carried out on:
• A non-restricted working pattern between 07 30hrs— 17.30,
• Monday to Friday excluding Bank holidays and recognised Trade holidays,
• A foundation prepared by yourselves which will be able to support the weight of our paving plant, equipment and delivery vehicles; we will not be responsible for any defects or loss of-material that may arise from the unsuitability or subsequent failure of the foundation,
• An unrestricted laying pattern by standard paving machine; additional charges shall be made for laying by hand if insufficient space or access is available for our machinery.
5.3.7. Main contractor to provide the following free of charge:
• Site welfare, material storage facilities and site accommodation if required,
• Details of overhead and underground cables, gas and water pipes together with locations, depths and voltages. During the periods of our operations on site you shall be responsible for taking such action in relation to such cables and pipes as prescribed by legislation or regulation in force, and as may become necessary for the protection of our employees or stakeholders,
• Suitable and clean access to the point of lay for all plant and vehicles,
• Provision of permanent setting out levels, fixed at intervals not exceeding 10m for the duration of the works. The accuracy of our works shall be established only by reference back to the permanent setting out levels so provided,
• A suitably accessible provision of potable water or standpipe to draw from within the site boundary, not exceeding 250m from the point of lay.
5.3.8. No allowance has been made for:
• Cutting, Cleaning, or other preparatory works of construction joints abutting existing surfaces,
• Provision, maintenance and removal of all temporary ramps with the exception of day joints created by ourselves,
• Traffic and/or pedestrian Safety and management,
• Protection, aftercare and insurance of the works,
• Application of sealing grit or tack coat unless otherwise stated,
• Repairs and/or cleaning due to the effects of site traffic, wheel tracking and damage to edges and joints,
• Encountering contaminated (including tar-contaminated) ground conditions, or unsuitable ground conditions.
5.3.9. The laying of surfacing materials shall be undertaken in compliance with the relevant British Standards. Where surface gradients do not comply with the recommendation of the relevant British Standards, we will not accept responsibility for shedding of surface water.
5.3.10. Prior to laying any material, a jointly agreed grid of levels will be taken; if we are required to lay material to a depth in excess of the net thickness stated in our quotation we shall be entitled to payment on a pro rata basis for the additional thickness laid.
5.3.11. Unless otherwise stated, all works undertaken will be subject to re-measure upon completion and valued and invoiced accordingly.
5.3.12. If the quantities of work undertaken, scope of works, ground conditions or application type change fundamentally from the accepted quotation, we reserve the right to amend or revise our rates. Such changes may require consideration to be given to a review of credit facilities.
5.3.13. Our quotation is strictly on the basis that no retention shall be deducted/applied.
5.3.14. Where any subsequent order raising front this quotation contains a fixed price provision, should any work be undertaken beyond the expiration of the fixed price period, the Company will be entitled to recover escalated costs on such work based upon a Baxter recovery mechanism using the cost components and weightings detailed below. The indices used shall be those detailed in Price Adjustment Formulae Indices (Civil engineering) 1990 Series published by Building Cost Information Service. The base date for any such calculation, if not specifically stated within our quotation, shall be four weeks prior to the date of our accepted quotation.
• Labour & Supervision 12%
• Plant & Road vehicles 7%
• Coated Macadam & Bituminous Products 79%
• Gas Oil Fuel 2%
5.3.15. When laying temperature-susceptible materials, the Company reserves the right to remove our laying resources from site when the ambient climatic conditions are outwith those stated in the relevant British Standard preventing continuity of work, until such time as climatic conditions have improved.
5.4. Labour Hire
5.4.1. There is a minimum hire period for Labour Hire as detailed below, which is inclusive of travel to and from your site (typically one hour each way):
• Monday to Friday 4 hours
• Saturday 6 hours
• Sunday 8 Hours
• Night Shift 12 hours
• Bank Holidays 8 Hours
5.4.2. All labour provided is under the Supervision of the client.
5.4.3. Skilled labour is provided in the capacity of an advisory role and we do not accept any liability whatsoever that may arise from the advice given.
6. Faulty Services
6.1. If any Service you purchase is deemed faulty when delivered, you must raise this as soon as is reasonably practicable.
6.2. If this is proven we may offer a repair, exchange or refund as appropriate, in accordance with your legal rights.
6.3. Our policy on faulty Services does not affect your statutory legal rights.
7. Our liability
7.1. We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.
7.2. The Company does not accept any claims for liquated damage or consequential loss in the provision of our Services(s).
7.3. To the extent not prohibited by law, the Company accepts no liability for any loss or damage that is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, business interruption, loss of business or opportunity and other similar losses).
7.4. We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under Welsh law, be excluded.
7.5. Nothing in this section or elsewhere in our Trading Terms affects your statutory legal rights.
8. General Data Protection Regulation