The Purchase Order and these conditions constitute an offer. It is accepted when the Sub-Contractor commences its execution, whereupon a contract upon these terms the Sub-Contract is formed.
If the Sub-Contractor wishes to depart from, or modify the Standard Terms and Conditions then notice in writing, specifically relating to the sub-Contract order, shall be sent by recorded delivery to SSG Contracts Limited Head Office Purchasing Department prior to its execution. The “postal rule of acceptance” shall not apply.
These Standard Terms and Conditions are to be read in conjunction with the Purchase Order, which gives the name and address of the Sub-Contractor, the project code, the Contracts Manager, the Quantity Surveyor the address of the project, details of the Works to be carried out and the price of the Works.
- The Sub-Contractor shall carry out the Works, using reasonable skill, care in a good workmanship manner, and shall incorporate into the Works only materials (whether supplied by the Sub-Contractor or not) which are sound and good quality so that the Works, when complete, suitable for their intended use, and fully compliant with the manufactures installation guidance and recommendations.
- The Sub-Contractor shall forthwith repair any defects in the Works which occur within twelve months of when of Works are practically complete (Rectification Period).
- The Sub-Contractor shall ensure adequate protection is given to all aspects of their Work prior to snagging inspection and sign off by The Contractor and subsequently their The level and quality of protection must be suitable and robust for a live site environment. This also applies to labour only Works.
- Before commencing the Sub-Contract Works, the Sub-Contractor must review and satisfy themselves that there are no conflicts between any drawings, specification or scope of works issued to Any conflicts must be bought to The Contractors attention immediately in writing.
- The Sub-Contractor is required to advise The Contractor of any part of their work packages that they intend to Sub-let to another Sub-Contractor, or indirectly employed individual.
- The Sub-Contractor shall at all times during the Sub-Contract Works have a representative of his company resident on site who is capable of receiving instructions from The Contractor or their agent and communicating those same instructions to the Sub-Contractors employees.
- The Contractor may request the Sub-Contractor to provide Plant and Labour Allocation/Record Sheets for completion by the Sub-Contractor on a daily These must be handed to The Contractor or their agent at the start of each day and relate to the Sub-Contractor’s operations of the previous day.
- The Sub-Contractor shall comply with the Safety Policies operated on Site by The Contractor and shall cooperate with The Contractor to enable him to carry out his Statutory Duties.
- All Sub-Contractor is required to submit site specific Risk Assessments and Method Statements (RAMS) 48 hours prior to commencing works on site. In addition, staff and persons engaged by the Sub-Contractor shall attend The Contractor’s or The Contractor’s client’s safety induction before commencing works on Site. They must demonstrate the methods of operation to be adopted and the safe working procedures.
- The Sub-Contractor shall provide (at their cost) all employees with appropriate personal protective equipment (PPE) to comply with the relevant British Standard. Including but limited to:-
- Safety hard
- High visibility
- Protective footwear (steel toe caps and protective midsoles).
Failure to provide the above will result in operatives not being allowed to work on site.
- The Sub-Contractor shall meet the requirements of the “Construction Phase Health & Safety Plan,” a copy of which is available on Site.
- The Sub-Contractor is to provide The Contractor with details of their quality control systems to be used on the Works, including details of the Sub-Contractor’s project team and responsibilities, inspection and test regimes where applicable, and records of compliance to be produced, to allow The Contractor to fulfill their obligations under the Main Contract.
- The Sub-Contractor shall prior to the commencement of the Sub-Contract Works and at any time during the process of said Works supply The Contractor with such details of those employees the Sub-Contractor proposes to engage to execute the Sub-Contract Works, as The Contractor may request. The Contractor may, at their absolute discretion; object to the employment of any such person/s without assigning any reason thereto, provided always that The Contractor shall not be entitled to object to any employee on the grounds of colour, race, nationality, ethnic or national origins, sex, religion or disability, where the work content is commensurate with the individual’s particular disability.
- The Contractor shall be a liberty to object and require the Sub-Contractor to remove forthwith any person employed by the Sub-Contractor in the execution of the Sub-Contract Works who, in the opinion of The Contractor, is guilty of misconduct or is incompetent or negligent in the proper performance of his or her duties or employment, or is otherwise considered by The Contractor to be undesirable. Such person shall not be again employed on the Sub-Contract Works without written permission of The Contractor. Any person so removed from the Sub-Contract Works shall be replaced as soon as possible by a competent substitute approved by The Contractor.
- Subject to clause 5, the Price is fixed, and deemed to include everything necessary for the proper carrying out of the Works in accordance with these Standard Terms and Conditions.
- The Contractor only pays deposits for elements of work that fall outside of the Sub-Contractors core business activity, or where The Contractors client has requested a very specialised item to be procured, and the deposit has been agreed by The Contractors client to secure delivery to meet a key programme date. In such circumstances, the Sub-Contractor will be required to give The Contractor a further detailed cost breakdown for materials, labour and preliminaries applicable to the deposit The Contractor will then require either a Vesting Certificate or an Advance Payment Bond (APB) from the Sub-Contractor at no cost to The Contractor.
4. Work Valuations.
- Works are subject to Sub-Contractor valuation and an application showing the percentage of works completed. The valuation documents are to be sent to The Contractors Quantity Surveyor (QS) two days before the last Friday for the The Sub-Contractors’ application for payment will then be agreed by The Contractor and a payment certificate issued allowing the Sub-Contractor to submit their invoice.
- Valuations must not contain applications for materials held on site that have not be installed. The Contractor only pays for completed works.
- Any valuation applications submitted after the time period in clause 4.1 will not be processed and will fall into the following month’s valuation process.
- Sub-Contractor invoices submitted without a supporting payment certificate will be rejected by The Contractor.
- The Contractors payment terms are strictly 30 days end of month (EOM). A retention deduction of 5% shall be made until the Sub-Contractor has achieved Practical Completion (PC), thereafter 2.5% until defects occurring in the 12-months Rectification Period have been made good. Balance of retention released on receipt of Certificate of Making Good from The Contractor.
- Dayworks shall only be carried out on prior written instruction of The Contractor. Properly signed timesheets must be submitted daily to The Contractor and align with the onsite signing in/out register.
- All payments for construction work within the Construction Industry Scheme (CIS) made by or on behalf of The Contractor will be administered in accordance with the version of the above regulations in force at the time of payment.
- Under the scheme The Contractor is not permitted to make any payments to any Sub-Contractor who is not registered for the scheme. Therefore, the Sub-Contractor is advised to contact The Contractor and make available for inspection (if they have not done so already) either their tax certificate or registration card in sufficient time to process the administration work thereby preventing payments being suspended.
- Where the Sub-Contractor fails to meet their contractual completion date, or causes delays to other Sub- Contractors resulting in The Contractor incurring a Liquidated and Ascertained Damages (LADS) claim from their client, The Contractor shall be entitled to reclaim their claim for LADS and initial value of £1,200.00 per week, plus any associated costs incurred form the Sub-Contractor.
- Where a Sub-Contractor requests out of hours working, The Contractor shall be entitled to charge the Sub- Contractor for Site Management/Supervision attendance, along with any other associated costs.
- There shall be no variations to the Works unless The Contractor, having first agreed an adjustment to the fixed Price for the varied works, gives an express written instruction to such effect.
- Upon receipt of a Purchase Order for the Works, the Sub-Contractor shall issue The Contractor with a detailed programme of works, and proceed regularly and diligently with the works in line with the programme, in a tidy and safe manner, and shall co-ordinate with The Contractor’s works and with any other Sub-Contractors to ensure adherence to The Contractor’s requirements.
- The Sub-Contractor is to supply The Contractor with a weekly progress report, against their programme of works, and to attend any site progress meetings required.
- The Sub-Contractor shall comply with all statutory requirements which affect the carrying out of the Works including, but not limited to, the requirements of local authority building control and the Health and Safety Work Act 1974 and the Construction (Design and Management) regulations 2015 (“the CDM Regulations’). The Sub-Contractor warrants that It is fully aware of the requirements pursuant to the CDM Regulations, possesses the requisite degree of and level of resources and that It shall meet those requirements, and use competent and trained operatives to undertake the works.
- The Sub-Contractor shall indemnify The Contractor and maintain Employers Liability, Public Liability and Motor Insurances (each incorporating an Indemnity to Principals clause noting the Contractor and the Employer of the Contractor as Principals) in respect of all liability of the Sub-Contractor for loss, damage, injury or death arising out of or in connection with the Sub-Contract and shall produce to the Contractor, when requested, evidence of the existence and terms of such insurance and the payment of current premiums. The Limit of Indemnity under each insurance shall be not less than £5,000,000 for Public and not less than £10,000,000 for Employer’s in any one occurrence or as required by law, whichever is the
- The Sub-Contractor shall inform The Contractor promptly of any Third Party Claims the Sub-Contractor receives which are applicable to the insurance provisions of the Main Contract and regularly report the progress of such claims.
- During the carrying out of the Works, the Sub-Contractor shall not cause any nuisance to the occupiers of the Project (if any) or the occupants of neighboring properties and always adhere to The Contractors site rules whilst on site.
- Upon completion of the Works, or termination under Condition 12 below, the Sub-Contractor shall leave the site clear of Its waste materials and tools and shall provide the Contractor with a reasonable number of copies of drawings, specifications and details of Its designs (if any) in respect of which an assignable, irrevocable, royalty-free license is now granted (including a right to grant sub-licenses) for any use in connection with the development of which the Works form part.
- Notwithstanding anything to the contrary contained in these Conditions or elsewhere, The Contractor may terminate the employment of the Sub-Contractor for any reason and at any time by giving 24 hours written notice whereupon, save in respect of an event of the Sub-Contractor’s insolvency, the value of that part of the Works carried out shall be ascertained for payment in accordance with Condition 3.
- The Contractor recognizes their operations directly impact on the natural and human environment. The Contractor aims through his Environmental Policy to continually assess the environmental implications of his operations and to actively seek the co-operation of his clients, sub-contractors, suppliers, and employees in minimizing adverse effects.
- Sub-Contractors are responsible for disposing of all their own waste, excess materials, empty containers, rubbish arising from the Sub-Contract work. Waste is to be collected regularly by the Sub-Contractor and either removed to a temporary recognised disposal point or directly from Site at no expense to The Contractor.
14. Equality and Diversity.
- SSG Contracts Limited is an equal opportunities employer and actively promotes equality and diversity within our We expect all our bub-contractors to adhere to our policy, a copy of our Equality and Diversity Policy is available on request. In addition, SSG Contracts Limited will not tolerate any abuse or threats towards any of its employees or clients. Anyone found doing so the Sub-contractor or Sub- contractors’ employee will be removed from site and not be permitted to return.
- The Sub-Contractor shall ensure that the terms and conditions upon which all their operatives are employed or engaged are no less favorable than those prescribed in the appropriate Working Rule Agreement which is applicable and relevant to their trade or industry.
- The Contractor reserves the right periodically to examine the Sub-Contractor’s records to ensure that these are up to date and in order concerning all personnel employed or engaged by the Sub-Contractor.