Definitions
Robert Nicholas Ltd means Robert Nicholas Ltd (Company number 8612195) the Contracting party for the provision or supply of Services and/or Goods in accordance with these conditions together with such other documents as specified within our Quotation/Proposal.
The Customer is defined as the person or company who accepts a Quotation given by the Robert Nicholas Ltd for the supply of the Goods and/or Services and whose Order for the Goods and/or Services is accepted by Robert Nicholas Ltd.
The Works means the works or Services described within the Proposal/Quotation provided by Robert Nicholas Ltd and accepted by the customer.
Conditions the standard terms and conditions of sale as set out in this document and (unless the context otherwise agreed) including any special terms and conditions agreed in writing between the Customer and Robert Nicholas Ltd.
Contract means these Conditions, and the Customer’s Order as amended from time to time by agreement by Robert Nicholas ltd and the Customer. Any such amendment must be in writing.
Goods means the Goods agreed to be supplied by the Robert Nicholas Ltd in accordance with the Contract as amended from time to time in writing by Robert Nicholas Ltd and agreed with the Customer.
Intellectual Property Rights means all patents, rights to inventions, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up that are the property of Robert Nicholas Ltd and not in the public domain. This shall include, but not be Ltd to, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including knowhow and trade secrets) whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection.
Order means the Customer’s Order for the supply of Goods and/or Services, including but not limited to, a verbal Order which is confirmed in writing by Robert Nicholas Ltd, the Customer’s acceptance of the Robert Nicholas Ltd Quotation/Proposal. This shall include the Customer’s written acceptance of the Robert Nicholas Ltd Quotation and/or any written specification and/or any special terms and conditions agreed in writing between the parties.
Estimate means the estimated costs of the works which is subject to confirmation after ma site inspection or final agreement of the scope of the works with the customer.
Quotation means an offer made by Robert Nicholas Ltd. either in writing by letter, email or in a proposal.
Equipment means only that Equipment brought to site so as fulfil the obligations of Robert Nicholas Ltd as specified in the Robert Nicholas Ltd Quotation/Proposal. This excludes all plant and or materials not contained within the Robert Nicholas Quotation/Proposal.
Programme Date means the dates on which written instructions have been received from the Customer confirming start and completion dates before work commences on site.
Services means the Services agreed to be supplied by the Robert Nicholas Ltd in accordance with the Contract (as amended from time to time in writing by the Robert Nicholas Ltd in accordance with these Conditions).
Applicability
These conditions take precedence over any contained within The Customer Order.
These conditions shall apply to all Contracts for Services and/or Goods made between The Customer and the Robert Nicholas Ltd. These conditions are the only conditions on which Robert Nicholas Ltd agrees to supply the Services and/or Goods to the Customer to the exclusion of all other terms and conditions. This shall include any terms or conditions which The Customer may purport to apply under any purchase Order confirmation of Order or other similar document unless otherwise agreed in writing by an authorised Director of Robert Nicholas Ltd. Any attempt by the Customer to exclude or limit any of the provisions of these conditions shall be void and form no part of these conditions.
In the event of a dispute arising, it shall without prejudice to any other rights be referred to adjudication in the first instance.
This agreement shall be construed under English law and any action must be brought under English law.
Order acceptance
Works will only commence following receipt of written Order on headed paper including registered office address, company registration number and VAT number.
Robert Nicholas Ltd requires 28 days written notice before commencement of works or Services. This is with the exception any work of an urgent or emergency nature where the Customer requires Robert Nicholas to commence work as soon as practicable.
Prior to the commencement of work Robert Nicholas will require confirmation that the information provided for quotation purposes is correct. This shall include The following information; Maximum depth of water, seasonal water flow rates, water course profiles.
The Customer may only issue instructions in writing, with copies provided to site personnel and to the offices of Robert Nicholas Ltd before any additional works are undertaken. In the event that Robert Nicholas considers instructions by the Customer are additional to the work agreed, Robert Nicholas will detail the additional costs to the Customer in writing for their approval before the additional work commences.
The Customer shall notify Robert Nicholas Ltd in writing of any delay affecting the works within 24 hours of any event that will affect duration of hire period. In such circumstances Robert Nicholas Ltd will provide, in writing, the details of any additional charges deemed necessary.
Copyright of all drawings, specifications and all other documents supplied by Robert Nicholas Ltd shall not pass to the Customer, their Client or any other body that may be involved in the work.
Robert Nicholas Ltd will require written confirmation from the Customer that the works will be compliant with the requirements of environmental and statutory bodies before the works commence.
site Conditions and access
Robert Nicholas Ltd, agree to provide for the Customers use the Services set out within our Quotation/Proposal subject to the following conditions:
Safe access to the watercourse, by means of a graded bank or stepped ladder/scaffold,
Site welfare and security for the period of the installation,
Either lifting equipment to move the material to the water’s edge or vehicle parking close to the bank edge,
Dewatering of the works area and maintaining the dewatered area.
Confirmation of consents from the Environment Agency and all parties relevant to the scheme.
Monitoring the water conditions during the course of the works, along with heavy rain forecasts and flood/surge warnings.
Once installed the equipment is the responsibility of the client as is the liability for any damage or remedial works caused by flow or level change in the watercourse.
The Customer shall provide free of charge clean water for the Works at the location of works/installation.
The Customer shall provide free of charge, Equipment for the unloading and transport of Robert Nicholas Ltd Equipment along with a secure space for the storage of Goods and materials used by Robert Nicholas Ltd in the delivery of the works. This is unless otherwise agreed in writing or is contained within our Quotation.
water course managment
Regarding commissions relating to Services in the watercourses, such as inspections, repair or temporary dam installations the Customer will be responsible for maintaining water levels to the required depth throughout the duration of the works.. The water levels shall correspond to the required levels of water, flow rate or performance characteristics of a temporary dam system as stated within the Robert Nicholas Ltd Quotation/Proposal. The Customer will be responsible for the full cost of any Equipment damaged or lost as result of his failure to maintain water levels at all times.
Robert Nicholas Ltd reserves the right to refuse to commence works if the water level required to deliver the commission is exceeded or it is considered unsafe to work in. In such circumstances the Customer will be responsible for all costs relating to abortive site attendances.
Robert Nicholas Ltd will not be liable for the costs of Pumping Equipment associated with the dewatering of The Customers works.
Terms of payment
Initial Payment
Robert Nicholas Ltd requires 50% of the agreed Contract sum on placement of Order and before work commences on site or deposit sum as listed within our Quotation, unless otherwise agreed in writing.
Invoicing
After the initial payment all invoices will be raised submitted to the Customer monthly or on completion of the commission.
Terms of Payment
Payment shall be made upon receipt of the invoice or within 28 days of the invoice date.
Value Added Tax
All rates quoted or contained within invoices are subject to the addition of VAT at the rate prevailing at the date of invoice.
Day Rates
Charge periods defined as “Day Rates” or “Per Day” within the Quotation pertain to a minimum 1 hour’s attendance to site by Robert Nicholas Personnel and a Maximum of 9 hours attendance on site. Additional attendance over 9 hours will be charged in 15-minute intervals, 4 constituting 1 hour.
Hire Charges
Charge periods defined as “Hire” will be applicable from delivery of Equipment provided by Robert Nicholas Ltd to The Customer or their representative until return of the Equipment to Robert Nicholas Ltd.
Invoicing Queries
All queries regarding charges (Day Rates and Hire) shall be made within 7 working days of the invoice datye after which queries will not be considered valid.
Overdue Accounts
All overdue accounts shall accrue an interest and administration charge of 6% per month, compound.
Contract Variations
Variations, additions or omissions shall not invalidate this Contract. The Customer is to confirm in writing to Robert Nicholas Ltd all omissions or additions within 24 hours. Robert Nicholas Ltd will not act upon any verbal instruction unless confirmed in writing.
The amount to be paid or allowed for such variations shall be ascertained in accordance with the terms of our Quotation.
If Works are suspended following commencement of the works Robert Nicholas Ltd will be paid in full for all cost associated with recovery or Maintaining system.
If the Contract is determined by Robert Nicholas Ltd in consequence of any breach of this Contract by The Customer Robert Nicholas Ltd will be paid in full for all works contained within our Quotation.
The Customer will be responsible for any loss or damage to Robert Nicholas Ltd, his employees, materials, plant tools or Equipment from any cause whatsoever other than negligence on the part of Robert Nicholas Ltd.
If the Contract is determined by Robert Nicholas Ltd in consequence of any breach of this Contract by The Customer Robert Nicholas Ltd will be paid in full for all works contained within our Quotation.
Insurances/Indemnification
The Customer shall be responsible for any loss or damage to Robert Nicholas Ltd, his employees, materials, plant tools or Equipment from any cause whatsoever other than negligence on the part of Robert Nicholas Ltd.
The Customer will be responsible for any loss or damage to Robert Nicholas Ltd, his employees, materials, plant tools or Equipment from any cause whatsoever other than negligence on the part of Robert Nicholas Ltd.
The Customer at all times will indemnify and save harmless Robert Nicholas Ltd against all liabilities to Robert Nicholas Ltd personnel (including the servants and agents) for bodily injury, damage to property or other loss which may arise out of the execution of these works. This shall include indemnification against all costs, charges and expenses that may be occasioned to the Customer by the claims of such persons
The Customer shall indemnify and save harmless Robert Nicholas Ltd against and any breach, non-observance or non-performance by any Sub-Contractor, his servants or agents incurred during the execution of the contracted works. This shall include any other act or omission by the Sub-Contractor as a result where the Customer directly or indirectly whether himself or by way of liability to other parties (including to the Customer) incurs any loss expense damage claim or liability. For the avoidance of doubt this shall include any loss expense damage claim or liability arising in the future as a result of a breach of contract by the Sub-Contractor.
The Customer shall indemnify and save harmless Robert Nicholas Ltd at all times to all liability, loss, claims and/or proceedings whatsoever by workmen or their dependants or third parties (persons and/or property) arising out of or in the course of his work. This shall include against injury to the Customer’s workmen, Sub-Contractors and loss of or damage to the Customer’s and/or Sub-Contractors property. For the avoidance of doubt includes the maintenance of Customer’s liability insurance and professional indemnity insurance with the level of cover being Maintained not less than the amount contained within the Main Contract. The Customer shall produce on demand the policies of insurance covering the risks, and to give notice of the Customer’s interest to the insurance companies concerned. In case of neglect by the Customer to affect any such insurance, Robert Nicholas Ltd shall be at liberty to insure on behalf of The Customer and to add the premium to be paid to our application. Failure by The Customer so to insure shall not relieve The Customer of any of his responsibilities under this clause.
The Customer shall pay for all expenses damage incurred to Robert Nicholas Ltd Equipment and/or consequential damage (whether accidental or otherwise) consequent upon these works.
Robert Nicholas Ltd Maintains insurances in line with our schedule of insurances. If, however the Customer requires additional insurances in excess of those held by Robert Nicholas Ltd these will be subject to an additional Quotation and charged to The Customer.