Any quotation is available for acceptance within 28 days of its date and if not accepted in writing within that period will lapse.
Any quotation is based upon current costs and maybe increased or decreased by Birchwood Gas Services Ltd. (“BGS Ltd.”) if any of these costs increase or decrease before this quotation is fulfilled.
Work not reasonably foreseeable from a visible inspection at the premises will be charged as an extra, unless otherwise agreed in writing.
Unless otherwise stated, any quotation does not include any steelwork or foundations necessary to support and distribute the weight of the equipment or any builders’, joiners’, smiths’ or electricians’ work or the provision of guards round any portion of the plant, or painting after erection.
Where gas fired plant is to be commissioned any quotation does not include for the cost of water and fuel used during the commissioning period, unless otherwise stated.
In carrying out fittings work, BGS Ltd. Will exercise reasonable care to preserve decorations and avoid other damage but where defacement or other damage is unavoidable BGS Ltd. Will not be responsible for re-decorations or re-instatement. Where prices quoted include erection or pipe fitting, it is assumed that all work can be carried out during normal working hours. Should overtime be necessary, it will be charged as an extra.
Where an outside service pipe is involved BGS Ltd. Will reinstate the surface to a reasonable interim standard and to trench width only. Interim reinstatement of hard surfaces will be in black tarmac or re-laid flags. Flags damaged in executing the works will be replaced with precast grey flags. Interim reinstatement does not include crazy paving or special surfaces. BGS Ltd. Will not be responsible for any growing items affected by the work. The customer will be responsible for final or permanent reinstatement on the customer’s property.
The customer shall ensure that any place where work is to be carried out is safe and free of health risk to employees of BGS Ltd. And its sub-contractors. In particular moving machinery is to be stopped if work is to be carried out in close proximity to it.
The customer shall take reasonable care to prevent the theft of, or damage to, materials and equipment reasonably taken to, or left at, the premises concerned for the purpose of carrying out the work, or pending removal after completion of the work.
BGS Ltd.’ Liabilities to the customer arising in any way out of the execution of works and/or the supply of goods pursuant to this quotation shall not include any consequential economic loss.
All reasonable endeavours will be made by BGS Ltd. To fulfill any quotation on the quoted or agreed date but BGS Ltd. Does not accept any liability for failure to do so.
Should the completion of any contract be delayed by war, fire, strikes, lockouts, accidents, breakdowns, or by any act or default on the part of the customer or any cause whatsoever beyond the control of BGS Ltd., a reasonable extension of time shall be granted or BGS Ltd. Shall be excused form further performance. If any such causes occur, it shall be at BGS Ltd.’ Sole discretion to determine whether it is reasonably able to complete the contract. In the event of BGS Ltd. Exercising its rights under this clause not to complete the contract, it shall be entitled to recover from the customer an amount for work already done and materials supplied and an amount for any damages sustained as a result of any act or default of the customer.
BGS Ltd. Will use all reasonable endeavours to secure a suitable gas pressure for the efficient working of any goods requited for fulfilling any quotation, but its responsibilities in that regard shall not extend beyond those imposed by the Gas Act 1986 and the Regulations made and Authorisation granted thereunder, or any statutory modification thereof.
Unless otherwise stated, the following terms of payment will apply:
If the work is completed within 1 month from commencement, BGS Ltd. Will render an invoice immediately on completion and the customer will make payment in full within 21 days of the date of invoice.
If the work is not completed within 1 month from commencement, BGS Ltd. Will render an invoice at the end of each month in respect of work completed during that month and the customer will make payment in full within 21 days of the date of invoice.
Retention monies will not be deducted by the customer from any payment.
Cash discount will not be allowed.
The customer shall indemnify BGS Ltd. Against all liabilities to third parties arising from the customers failure to obtain any consents or permission necessary for work.