Fire Stopping Terms & Conditions

 

1.1 Definitions

Business Day – Monday – Friday excluding bank holidays in England.

Charges – Charges you will pay us for providing services, as set out in clause 6 over the page or in a proposal, or which we tell you about.

Conditions – These terms and conditions including Schedule 1 annexed.

Contract – The contract between you and us for providing services.

Downtime – Any time spent not being productive due to circumstances out of GBS’ control.

E/O Charge – Extra over cost or cost added on which Is over and above our quoted works.

Fire Protection – The required system to ensure fire safety at the premises as agreed in the contract.

M&E – Mechanical and Electrical drawings.

Repairs – The required repairs to the Fire Protection systems which have been damaged after an installation.

Premises – Any work areas at which we are expected to provide services.

Proposal – Any description or specification of the services we provide in writing to you (including any service agreement).

Services – The services we will provide under this contract, as set out in a quote (if this applies).

VAT – Value added tax charged under the Value Added Tax Act 1994.

Visit – A visit to the premises to carry out services.

Working Hours – 8.00am to 4.00pm on Business Days.

1.2 If we refer to an act of Parliament or piece of legislation, it includes any amendments to it and any legislation linked to it.

1.3 When we refer to writing or written, this includes email.

1.4 In these Conditions: ‘we’, ‘us’ or ‘our’ means GBS Fire Protection Ltd (10276025) of Unit 16 Manor Way Business Centre, Rainham, RM13 8UG and ‘you’ or ‘your’ means the customer named in a proposal or the person or firm who buys services from us.

2. Commencement

These Conditions will commence, and we will begin providing services 14 days following the Notice to Commence unless otherwise agreed in writing.

3. Services

3.1 We will supply services to you in line with any Proposal as confirmed in the contract.

3.2 We will use all reasonable endeavours to meet any specified performance dates, however the dates will be estimates only and we will not accept responsibility for delays to services due to conditions beyond our control.

3.3 We are not required to carry out repairs, refills, or provide replacement parts to any extra Fire Protection not shown in a quote (unless agreed otherwise) or if we are unable to gain access. If we do carry out any extra Fire Protection installation, we will charge you for any work we carry out at our standard rates.

3.4 If you ask for any visits which are not included in a proposal, we will charge you at our standard rates for any extra work we carry out during the visits.

4. Supplying the Services

4.1 We will supply the Services to you in line with the Contract.

4.2 In supplying the Services, we will:

4.2.1 Do what we reasonably can to perform the services with reasonable care and skill and to the expected professional standard;

4.2.2 Do what we reasonably can to follow all reasonable health and safety rules and regulations and security requirements that apply at the Premises (which you have told us about) as long as we will not be liable under the Contract if, as a result of doing this, we are breaking any of our responsibilities under the Contract;

4.2.3 Only provide services during agreed working hours;

4.2.4 Be responsible for the removal of our waste from our work area into skips provided on site by the main contractor.

4.3 If we are prevented from or delayed in carrying out our responsibilities under the Contract by any act, or failure to act, by you, your agents, subcontractors, consultants or employees, we will:

4.3.1 not be legally responsible for any costs, charges or losses you suffer that arise directly or indirectly from the prevention or delay.

4.3.2 be entitled to payment of the Charges despite any prevention or delay; and

4.3.3 be entitled to recover any extra costs, charges or losses we suffer that arise directly or indirectly from the prevention or delay.

5. Your Responsibilities

5.1 You must do the following:

5.1.1 Comply with the specific requirements as set out in ‘Schedule 1 – Specific Requirements’ annexed to the Conditions

5.1.2 Co-operate with us in all matters relating to the Services.

5.1.3 Make sure that any information you give us for a Proposal is complete and accurate.

5.1.4 Ensure that at all times we have clear and unobstructed access to the Premises,

5.1.5 Tell us about all health-and-safety and security requirements that apply at the Premises.

5.1.6 Tell us about any changes which might affect our operation.

5.1.7 Keep to and not break any relevant health-and-safety laws and regulations, including those relating to electrical safety.

5.2 All Fire Protection will be your responsibility from the time that we install it at your premises.

6. Charges and Payment

6.1 We will send you invoices for the Charges (plus VAT if this applies) as soon as it is practical to do so.  You must pay the Charges within 28 days of the date of each invoice in line with this clause unless we agree otherwise in writing.

6.2 We will be entitled to change the charges in line with any proposal. Our prices and/or schedule of rates are based on the assumption that there will be productive work available on site to maintain a presence.

6.3 In the event there is no productive work available in accordance with Clause 6.2, we reserve the right to remove labour until productive work becomes available to ensure each man can install £350/day of valued work. If the main contractor is not able to provide sufficient measured work, then we will charge a daily rate of £350/man/day to remain on site.

6.4 We will send you invoices for any extra charges (plus VAT if this applies).

6.5 You must pay each invoice due, within 28 days of the date of the invoice. We would prefer you to pay the invoice by making a payment to the details included thereon.

6.6 If you fail to make any payment due to us under the Contract by the due date for payment, the following will apply.

6.6.1 You will pay interest on the overdue amount from the due date until you pay the amount you owe, whether before or after a court judgment. Interest under this clause will be added each day at 8% a year above the Bank of England’s bank rate (but will be 8% a year for any period when that bank rate is below 0%).

6.6.2 We may suspend any continuing Services until you have paid us any amounts due under the Contract (and any other contracts we may have in place with you from time to time) in full.

6.7 You must pay us all amounts due under the Contract without taking off, or off-setting against, any amount we may owe you (other than any tax which may be required by law). You will also be liable for any legal costs we incur in pursuing and enforcing the outstanding Charges.

6.8 If you wish to challenge any charges in our invoices the same must be done within 14 days of receiving the invoice in writing. In the event you do not dispute the invoice in writing within 14 days then you will be deemed to have accepted our charges without dispute.

7. Liability

7.1 Nothing in the Contract will limit or exclude our liability for:

7.1.1 death or personal injury caused by our negligence, or the negligence of our staff.

7.1.2 fraud or fraudulent misrepresentation.

7.1.3 any other liability which we cannot limit or exclude by law.

8. Termination

8.1 Termination on Notice.

8.1.1 Either party may terminate this agreement for any reason by giving written notice on 30 days’ notice to the other party.

8.2 Termination of Agreement for Material Breach. 

8.2.1 Either party may terminate this contract with immediate effect by delivering notice of the termination to the other party, if

8.2.1.1 the other party fails to perform, has made or makes any inaccuracy in, or otherwise materially breaches, any of its obligations, covenants, or representations in this agreement.

8.2.1.2 the failure, inaccuracy, or breach is serious enough to materially harm or otherwise reduce the value of this entire agreement; and

8.2.1.3 the failure, inaccuracy, or breach continues for a period of 15 Business Days’ after the injured party delivers notice to the breaching party reasonably detailing the breach.

8.3 Termination for Insolvency.

8.3.1 If either party becomes insolvent, bankrupt, or enters receivership, dissolution, or liquidation, the other party may terminate this agreement with immediate effect.

8.4. Termination for Failure to Pay.

8.4.1 We may terminate this agreement with immediate effect, by delivering notice of the termination to you if you fail to pay to comply with the payment terms in Clause 6 of these Conditions.

9. General

9.1 Neither you nor us will have broken the Contract or be legally responsible for delay in carrying out, or failing to carry out, any of your or our responsibilities if the delay or failure results from events, circumstances or causes beyond your or our reasonable control.

10 Waiver

10.1 If we do not enforce any right or remedy under the Contract or by law that we may have, that right or remedy will only be waived if given in writing. It will not mean that we will waive any other right or remedy we may have if you break or fail to fulfil the Contract in the future.

10.2  If we immediately exercise our right that you do anything you are required to do under these terms, or if we delay in taking steps against you for breaching the Contract, this will not constitute us waiving our right to have you do those things and it will not prevent us taking steps against you at a later date.

11. Severability

11.1 Each clause of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will stay in full force and effect.

11.2 If any court or relevant authority decides that any provision of the Contract is unlawful, both you and we will negotiate in good faith to amend the provision so that, as amended, it is lawful and enforceable.

12 Notices

12.1 Any notice or other communication given in connection with the Contract will be in writing and will be:

12.1.1 delivered by hand or by first-class post or other next working day delivery service at your or our registered office (if a company) or main place of business (in any other case); or sent by email.

12.2 We will treat a notice or other communication as being received if:

12.2.1 delivered by hand – when it is signed for, we receive a delivery receipt or at the time the notice is left at the proper address.

12.2.2 sent by first-class post or other next-working-day delivery service – at 9 am on the second Business Day after posting or at the time recorded by the delivery service; or

12.2.3 Sent by email – on the next Business Day after it is sent.

12.3 This clause will not apply to serving any proceedings or other documents in any legal action

13. Rights of Third Parties

13.1 The Contract does not give anyone else any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

14. Governing Law & Jurisdiction

14.1 The Contract will be governed by the laws of England and Wales.

14.2 Any disputes or claim in connection with it will be dealt with under the exclusive jurisdiction of the courts of England and Wales.

Schedule 1 – Specific Requirements

• You must ensure that openings be lined out for single layer of batt to achieve 60 minutes, access & dressing both sides. If openings are not lined out, seal will be required on both sides of the wall and additional cost will incur. If there is no access on both sides of the wall, double layer of batt will be needed.

• The vertical lifting of materials by either forklift or hoist will be the responsibility of the main contractor. We will only be responsible for horizontal distribution.

• All installations will be conducted in accordance with manufacturer’s specification and requirements and will be recorded accordingly on our work record sheets, drawings and pictures if required

• You will ensure that 110v power supply and water supply will be available on site.

• All standard access will be up to 3m working height. Unless otherwise agreed and quoted MEWPs or other access equipment will be agreed at extra cost.

• We have made no allowance for access in staircases and, if required, costs will be submitted and agreed following a site visit.

• You will ensure that the site conditions are within the required manufacturers parameters for application of fire stopping products.

• Combustible services including plastic conduits, combustible lagging, UPVC pipes and cable bunches will require HPE graphite mastic or pipe wraps to ensure hole is sealed during a fire that is left by combusted service. There is an E/O Charge for this mastic, pipe wraps or collars as detailed on the schedule of rates.

• Working through ceiling grids will incur an E/O Charge.

• If slab penetrations require compound and include a clear opening of 750mm in any direction, then reinforcement will be required to be introduced to the compound. This reinforcement will incur an E/O Charge as detailed on our schedule of rates.

• Our schedule of rates only allows for ensuring our installation is compliant with the regulations, if an “on show” finish is required this will incur an e/o charge which will need to be agreed.

• We will require confirmation of the M&E void sign off prior to commencing fire stopping to M&E services. If areas are released in a fragmented manner and each area needs this will incur an E/O Charge for labour costs which will need agreeing.

• All relevant data sheets for M&E services, partitions and/or steelwork to be provided upon request.

• Downtime attaches a standard cost of £43.75 per hour. This is not included in any budgets or cost proposals provided by us but can be included if so requested by you prior to us quoting for the works.

• Certification of the works will only be issued upon receipt of full payment.