[FONT="]5. INSURANCES:[/FONT][FONT="] The existing structures, together with the contents thereof, the works and all unfixed materials, goods and plant on site, shall be at the sole risk of the customer and the customer shall maintain insurance cover thereon to the full value of such property. The above items shall remain the property of the contractor until paid in full by the customer. The contractor shall maintain employers liability and public liability insurance and shall indemnify the customer against any claim in respect of accidental death or bodily injury and accidental loss of or damage to property caused by or through the fault or negligence of the contractor, his servants or agents, for which the contractor could be held legally liable in the absence of this condition within the period of guarantee. [/FONT]
[FONT="]6. COMPLETION & EXTENSION OF TIME:[/FONT][FONT="] The contractor shall endeavour to carry out the work within the period stipulated or, if no period is stipulated, within a reasonable time, but shall not be held responsible for any loss or damage arising out of delay due to any cause beyond the contractor’s control. If the progress of the works is delayed and / or disrupted due to any cause beyond the contractor’s control, then the contractor shall be granted an extension of time, providing that the contractor shall use his best endeavours to minimise such delay. [/FONT]
[FONT="]7. WARRENTIES – CONSEQUENTIAL LOSS OR DAMAGE[/FONT][FONT="]: The contractor shall not be liable for any damage caused by the works after completion of the works, which is due to normal operation of equipment or materials, save where the damage is caused by the negligence of the contractor. Without prejudice to the customer’s statutory rights the contractor will pass to the customer the benefit of any guarantees the contractor has received in respect of materials supplied by the contractor and undertakes to repair or, if necessary, replace free of charge any materials or work found to be defective if the defect is due to faulty workmanship by the contractor, his servants or agents and is brought to his attention within 12 months of the completion of the work, provided nevertheless that: (a) The contractor accepts no responsibility for any drawing, design or specification not prepared by him. (b) The contractor’s responsibility to the customer is limited to the fulfilment of the contract in a proper and workmanlike manner and the contractor shall not be liable for any consequential loss or damage arising out of the execution of the contract, unless due to the negligence of the contractor, has servants or agents. (c) The contractor shall not be liable for any wear and tear, loss or damage, direct or indirect, nor for any extra work entailed due to the apparatus being put into operation by the customer or by the contractor, his servants, or agents at the customer’s request before it is handed over for beneficial use. (d) The repair or replacement of any faulty work or materials shall only be carried out by the contractor, his servants, or agents; otherwise the contractor’s warranties as to repair or replacement shall not apply. (e) The contractor will take reasonable care but accepts no liability for damage to furniture or other fixtures and fittings which have to be moved by the contractor or his workmen in order to carry out the contract works. Without prejudice to this the contractor will maintain adequate public liability insurance cover for at least the duration of the contract. [/FONT]
[FONT="]8. GUARANTEE:[/FONT][FONT="] Without prejudice to the above terms, the customer may have the benefit of the performance guarantee schemes of the Electrical Contractors Association (of which the contractor is a member) subject to the terms of each scheme, copies of which may be obtained on request from the association at 32-34 Palace Court, London W2 4HY. [/FONT]
[FONT="]9. CONTRACTOR’S LOSS, DAMAGE AND EXPENSE:[/FONT][FONT="] If the contractor is involved in loss, damage or expense due to any of the following reasons, then he shall be reimbursed for same, providing that the contractor shall use his best endeavours to minimise such loss, damage or expense:- (a) by reason of customer’s instructions and/or delayed instructions regarding extra work or variations; (b) by delay on the part of the companies engaged by the customer in executing work not forming part of this contract; (c) by the customer failing to afford free and uninterrupted access to the contractor to the property for the proper execution of the works. (d) The contractor shall not be liable for any damage caused by the works after completion of the works, which is due to normal operation of equipment or materials, save where the damage is caused by the negligence of the contractor. [/FONT]
[FONT="]10. DISPUTES AND ARBITRATION:[/FONT][FONT="] Without prejudice to the legal rights of either party, any dispute between the contractor and the customer, arising out of or relevant to the contract, may be referred to arbitration and final decision of a person to be agreed between the parties or, failing agreement within seven days after either party has given a written request to the other to concur in the appointment of an arbitrator ,a person to be appointed on the request of either party, by the Electrical Contractors Association. [/FONT]
[FONT="]11. TERMS OF PAYMENT[/FONT][FONT="]: (a) Payment in full shall be made in advance or on the day of completion of the work. Customers with an account shall pay within 30 days of the date of a written application/invoice submitted by the contractor. (b) Where the contract period is in excess of 4 weeks, written applications/invoices may be submitted monthly, for the total value of work executed – less previous payments – the net amount due to be paid by the customer within 30 days of the invoice date or payment application. (c) Failure by the customer to make any payment as aforesaid shall entitle the contractor to suspend work and/or charge interest on the amount outstanding at 4% above the base rate of the contractor’s bank from the time to time in force and to recover from the customer any administrative or legal costs. Failure by the customer to make payment shall also entitle the contractor free access to the property wherein the works have been carried out and to remove at the customer’s cost all materials and goods installed or provided during the works. (d) Receipts, certificates, test sheets and reports will be issued and the contents thereof released within 3 working days of receipt in full of payment of the total invoice sum.[/FONT]
