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Document Ref: Procurement and Contracts Minor Works
This agreement is made by and between BPM Cornwall Ltd, T/A Building & Property Maintenance Cornwall, 68 Foster Drive, Bodmin, PL31 1PS (hereinafter "Contractor") and the property owner (hereinafter "Owner"),
The owner does hereby employ the BPM Cornwall Ltd to do all the work, and provide all the materials, tools, machinery and supervision necessary for the works asked for in any contract either- verbally or written in accordance with the drawings, and specifications which are attached or supplied or discussed on site or else where.
BPM Cornwall Ltd shall commence the work to be performed within the time allocated by the estimate, Notice to Proceed is granted from either an issued invoice ending #depinv or any confirmation sent to us regardless of it’s format, and or persons acting on the behalf of the homeowner/s providing services as an intermediary or “Agency” for the properties well-being in its intended use and functionality.
The Contractor shall carry liability insurance with the limits of 2 Million UK Pound Sterling for injury to or death, property damage and poor Workman's Compensation insurance.
BPM Cornwall Ltd agrees to defend, indemnify and hold the owner harmless from any liability or claim for damage because of bodily injury, death, property damage, sickness, disease or loss and expense arising from the company's negligence in the performance of the construction Contract. Any subcontractor acting in the capacity of an independent Contractor shall remain liable for defective works carried out by his/her or company.
Assignment of Contract
BPM Cornwall Ltd agrees to assign the Construction Contract without the written consent of the Owner if the work is required and the homeowner is not present subject to our requested services.
BPM Cornwall Ltd will be granted to make any changes in the schedule of work, design, or the specifications without written authorization by the owner or intermediary or Agency where required should it be detrimental to the longevity of purpose that may invalidate guarantees granted on either workmanship or material/s design parameters or functionality and charge respectively according to the inherit cost to the company.
The Contractor shall remedy any defect due to faulty material or workmanship and pay for any damage to other work resulting therefrom which shall appear within the period of one year from final payment.
Permits and Codes
The owner shall obtain all necessary building permits, including those required by building control as applicable. The Contractor will secure at his/her own expense any other necessary permits and licenses required to do the work and will comply with all building regulations and ordinances whether or not covered by the specifications and drawings for the work, if the contractor is requested to gain these documents or permissions 10% will be added to their invoice along with the time given to granted to gain them.
1) The Contractor shall protect all work adjacent to the Contract site from any damage resulting from the work of the Contractor and shall repair or replace any damaged work at his/her own expense.
2) The Contractor shall replace and put in good condition any existing conditions damaged in carrying out the contract.
3) The Contractor shall take all precautions to protect persons from injury and unnecessary interference or inconvenience.
4) The Contractor shall conduct his activities in a business like manner and adhere to the reasonable wishes of the Agency, owner or alike in relation to his working schedule.
Condition of Premises
The Contractor agrees to keep the premises clean and orderly and to remove all debris as needed during the hours of work in order to maintain work conditions which do not cause health or safety hazards.
Use of Utilities
The Owner, agency Tenant, shall permit the Contractor to use, at no cost, power and water, and general welfare facilities where necessary in carrying out and completion of the work.
The agency or Owner shall have the right to inspect all work performed under this contract. As well it shall be a condition of this contract that all work that needs to be inspected or tested and certified by building control or inspected and certified by the local health officer, shall be done at each necessary stage before further construction or works can continued. All inspection and certification will be done at the Owner's expense. Failure to follow this requirement will be grounds for termination of the contract.
Right to Stop Work
If the Contractor fails to correct defective work or persistently fails to supply materials or equipment in accordance with the Contract Documents, the Agency or owner may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated.
Asbestos will be disposed of according to current regulation, if discovered during refurbishment and no prior notification has arisen, the cost of it’s removal will be added to any PC sum , Quote or estimate.
Payment Schedule, works involving 10 days or over & more than 85 man hours.
Payments shall be disbursed as an Invoice based on the agreed values eg Estimates & Quotations. agree to make payments to the Contractor within 14 days of approving the work this will have a reference ending (#depinv), this secures the work and enables us to arrange the materials and in part labour and fuel charges to be incurred displayed where applicable.
Within 14 days of notification by the Contractor or at each stage or on completion, the Owner or its designer will inspect and approve the work if necessary, or request any adjustments in the work.
Queries regarding invoices are to be made within these fourteen days from the date of the invoice, to which if no query is made to us the original invoice will remain outstanding requesting payment which will be then weighted with the payment terms displayed on the invoice document irrespective on it’s delivery method.
Situations whereby no is PC sum Quotation or Estimate is agreed on unforeseen works or alterations by the customer, client or agent will be charged at no more than £250 per day per person, plus materials including any charges in respect to the works, then company profit is added to all the costs incurred.
Payment Schedule minor works under 10 working days or less than 85 man hours & Call outs.
Verbal, written, texts, email, calls & third parties.
All the above are deemed as methods of communication and consent to BPM Cornwall Ltd to apply workforce, materials, tooling, hire equipment and subcontractors to the property.
Call outs will be chargeable at £45 including the first hour plus fuel at £1.00 per mile both ways from the registered business address irrespective of either the fault or reason for the call out has been rectified, resolved cleared or alike and no actual work is applied physically.
Situations whereby no is PC sum agreed on unforeseen works or alterations by the customer, client or agent will be charged at no more than £200 per day per person, plus materials including any charges in respect to the works, then company profit is added to all the costs incurred.
Queries regarding invoices are to be made within fourteen days from the date of the invoice, to which if no query is made to us the original invoice will remain outstanding requesting payment which will be then subject with the payment terms displayed on the invoice document irrespective on it’s delivery method.
Invoices are requested to be paid on receipt and have 14 day deadline from the issued date “including weekends and bank holidays”.
2.5% will be added on invoices not received within the 14 days from the date issued to the respective invoice, for a maximum of 2 calendar months to which arbitration arrangements will be set in motion for debt recovery, BPM Cornwall Ltd have made it clear that it is mandatory that contact is made and Customers and clients must make a firm case should there be a late payment for any reason within the 14 days, to which it is at the company's discretion to extend the payment terms.
Contract Security & terms & conditions.
BPM Cornwall Ltd we have made great efforts to clearly display our terms and conditions, as the client, customer or agency we reiterate and steadfast that it is your responsibility to research our company well , and by commissioning services from BPM Cornwall Ltd you are accepting and agree to our terms and conditions.
BPM Cornwall Ltd Company Registration # 10748537 www.bpmcornwall.com