STANDARD CONDITIONS OF SUB CONTRACT

CLAUSE 1 – DEFINITIONS

(a) In these Conditions the following expressions shall have the following meanings except where the context otherwise requires:

“The Certificate of Making Good Defects” means the confirmation that defects have been made good given by the Principal Contractor to the Contractor;
“The Client” means any company, firm or person who appoints the Principal Contractor or who appoints the Contractor direct to execute the works incorporating the Sub Contract Works;
“The Conditions” means these terms and conditions;
“The Contractor” means Commercial Hydronic Systems Limited;
“The Defects Liability Period” means the period defined in the Principal Contract
“The Principal Contract Works” means the works to be executed by the Principal Contractor as described in the Principal Contract;
“The Sub Contractor” means any company, firm or person appointed by the Contractor to execute the Sub Contract Works;
“The Sub Contract” means the express provisions of these conditions, the Purchase Order and ancillary documents referred therein;
“The Sub Contract Works” means the works to be executed by the Sub Contractor as described in the Scope of Works;
“The Practical Completion Certificate” means the statement of practical completion to be supplied by the Principal Contractor to the Contractor;
“The Principal Contractor” means any company, firm or person who appoints or appointed the Contractor to execute the parts of the Principal Contract Works
incorporating the Sub Contract Works;
“The Principal Contract” means the contract between the Contractor and the Principal Contractor or if there is no Principal Contractor, the contract between the
Client and the Contractor;
“The Scope of Works” means the scope of works agreed between the Contractor and Sub Contractor;
“The Sub Contract Price” means the entire sum payable under the Sub Contract in respect of the Scope of Works.

(b) Unless the Sub Contract otherwise so requires any words or expressions in these conditions which are defined in the Principal Contract shall be construed as having been so defined.

(c) In the event that these terms and conditions conflict with any terms and conditions specified in the Purchase Order, the terms and conditions specified in the Purchase Order shall prevail.

 

CLAUSE 2 – GENERAL OBLIGATIONS

The Sub Contractor shall carry out and complete the Sub Contract Works subject to and in accordance with the Sub Contract in all respects to the entire satisfaction of the Contractor.

 

CLAUSE 3 – OBSERVANCE OF TERMS OF CONTRACT

The Sub Contractor shall observe, perform, comply with and be bound by all the provisions of the Contract insofar as they relate to and are applicable to the Sub Contract Works or any part thereof and are not inconsistent with or repugnant to the express provisions of the Sub Contract as if the contents thereof had been repeated therein.

Insofar as the provisions of the Contract and/or any other document are inconsistent with or repugnant to these Conditions the latter shall apply. Insofar as any terms or conditions shall have been sought to be imposed by any quotation or other document issued by the Sub Contractor such terms and conditions shall be unconditionally excluded from the Sub Contract.

 

CLAUSE 4 – COMMENCEMENT AND COMPLETION

(a) The Sub Contractor shall commence the Sub Contract Works on the date specified for such commencement in the Scope of Works and shall complete the Sub Contract Works or any section thereof within the period or periods specified for such completion in the Scope of Works or within any such extended period or periods as may be granted pursuant to these conditions. If no period for completion is stated in the Scope of Works the Sub Contractor shall complete the Sub Contract Works so as to meet the requirements of the programme under the Principal Contract.

(b) If the Sub Contractor fails to complete the Sub Contract Works or any section thereof in accordance with Sub clause (a) hereof it shall pay or allow to the Contractor a sum equivalent to any loss or damage suffered or incurred by the Contractor and caused by the failure of the Sub Contractor as aforesaid including but not limited to such liquidated and ascertained damages or costs as the Contractor may be liable to pay or may otherwise incur and which arise in consequence of such failure. The Contractor shall be entitled to deduct any sum payable under this provision from any amount or amounts which may at any time be due or have become due to the Sub Contractor from the Contractor under this or any other Sub Contract or so far as not satisfied by any such deduction shall be recoverable from the Sub Contractor as a debt due and owing to the Contractor.

(c) If the Sub Contractor shall be delayed in the execution of the Sub Contract Works:
(i) by any circumstances or occurrence (other than any breach of the Sub Contract by the Sub Contractor) by which the Contractor is granted an extension of time for the completion of the Principal Contract. or
(ii) by the instruction of any variation to the Sub Contract Works under the provisions hereof by which the Contractor is granted an extension of time for the completion of the Principal Contract:

then in any such event the Sub Contractor shall be entitled to such extension of time or times for completion of the Sub Contract Works as may in all circumstances be fair and reasonable, but in any event limited to the extension of time or times granted for completion of the Principal Contract, provided always that it shall be a condition precedent to the Sub Contractor’s right to an extension of time or times for completion that it shall forthwith give written notice to the Contractor as soon as it becomes reasonably apparent that the commencement, progress and completion of the Subcontract Works or any section thereof is being or likely to be delayed including, insofar as the Sub Contractor is able, the causes of the delay together with an estimate of the extent, if any, of the expected delay. The Sub Contractor shall take such action as may be deemed by the Contractor and Principal Contractor to be reasonable to minimize or mitigate the consequences of any such delay.

 

CLAUSE 5 – SITE CONDITIONS – IMPORTANT – PLEASE READ

The Sub Contractor has had an opportunity of inspecting the physical conditions (including sub-surface conditions) and other conditions, of or affecting the site and shall be deemed to have fully acquainted himself with the same and to have obtained all necessary information as to risks, contingencies and all other circumstances which may influence or affect the execution of any work. No failure on the part of the Sub Contractor to discover or foresee any such condition, risk, contingency or circumstance, whether the same ought reasonably to have been discovered or foreseen or not shall entitle the Sub Contractor to any additional payment or to any later date for completion of the Sub Contract Works. The Sub Contractor shall not and shall not be entitled to rely upon any survey, report or other document prepared by or on behalf of the Contractor regarding any such matter as is referred to in this Clause and the Contractor makes no representation or warranty as to the accuracy or completeness of any such survey, report or document or from any representation or statement, whether negligently or otherwise made, therein contained.

 

CLAUSE 6 – ATTENDANCES

(a) Except insofar as the Principal Contract provides for the provision of such attendances by the Principal Contractor, the Sub Contractor shall supply at its own cost all water, lighting, power, workshops, sheds or other buildings, machinery, mechanical plant, tools and equipment for its employees and workforce at such places on the site as the Contractor or Principal Contractor shall appoint unless otherwise indicated.

(b) Any use by the Sub Contractor of any attendances, facilities, plant and equipment provided by the Principal Contractor or the Contractor shall be at the sole risk of the Sub Contractor and the Sub Contractor shall be entirely responsible for any loss, damage or injury arising in consequence of such use to the Sub Contractor’s employees, workforce or others and the Contractor shall have no liability whatsoever in contract or otherwise in any such loss, damage or injury, save in the case of negligence, death or personal injury

 

CLAUSE 7 – SETTING OUT AND SUPERVISION

(a) The Sub Contractor shall be entirely responsible for the accurate setting out of the Sub Contract Works and for ensuring that the positions, levels and dimensions are correct according to the drawings or such other relevant documents, notwithstanding that the Contractor or Principal Contractor may have assisted the Sub Contractor therein.

(b) The Sub Contractor shall continuously provide competent supervision for the Sub Contract Works and shall employ only persons who are fit and skilled in the work assigned to them. The Contractor shall have the right of approval of the Sub Contractor’s employees, sub-contractors and other persons performing the Sub Contract Works on behalf of the Sub Contractor and any such employees, sub-contractors and other persons determined by the Contractor to be in any manner unsuitable shall be promptly replaced by the Sub Contractor upon request of the Contractor.

 

CLAUSE 8 – CLEARANCE OF SITE(a) The Sub Contractor shall at all times keep the Sub Contract Works free from waste material and rubbish and upon completion shall leave the whole of the Sub

Contract Works clean and in a condition to the satisfaction of the Contractor and Principal Contractor.

(b) The Sub Contractor shall ensure that all its employees, workforce and suppliers shall not deposit any earth, spoil, water etc. on any public highway for the cleanliness of which the Contractor is responsible, and the Sub Contractor shall indemnify the Contractor against and from any costs arising out of or in connection with any breach of the obligation above by the Sub Contractor.

 

CLAUSE 9 – ACCESS TO SUB CONTRACTOR’S WORKS

The Contractor, Principal Contractor and persons authorised by them shall at all reasonable times have unrestricted access to the Sub Contractor’s works, all other areas of the site and to the Sub Contractor’s premises where work or materials are being executed, prepared or stored prior to inclusion into the Sub Contract Works.

 

CLAUSE 10 – VARIATIONS

(a) The Sub Contractor shall not make any variations to the Sub Contract Works whether by way of addition, modification or omission except as may be: (i) instructed by the Contractor under the Contract and confirmed in writing to the Sub Contractor by the Contractor on the Contractors site instruction form Ref PF002 or
(ii) instructed in writing to the Sub Contractor by the Contractor on the Contractors site instruction form.

(b) If the Sub Contractor receives a written instruction otherwise that under Sub clause (a) hereof or any oral instruction he shall forthwith refer the same to the Contractor which shall issue directions thereon within a reasonable time and the Sub Contractor shall only act upon such instruction as is issued in writing by the Contractor on the Contractors site instruction form.

For the avoidance of doubt a copy of the Contractor’s site instruction form shall be supplied upon request to the Sub Contractor’s accounts department.

 

CLAUSE 11 – VALUATION OF VARIATIONS

(a) All variations to the Sub Contract Works authorised pursuant to Clause 10 hereof shall be valued in the manner provided herein and the value thereof shall be added to or deducted from the Sub Contract Price.

(b) The value of all variations shall be ascertained by measurement and by reference to the rates and prices specified in the Sub Contract or rates and prices analogous thereto. In the event that there are no such rates and prices or if they are not applicable then such value shall be ascertained by valuation which in the opinion of the Contractor is fair and reasonable having regard to all the circumstances.

 

CLAUSE 12 – PAYMENT: IMPORTANT – PLEASE READ

(1) The Sub Contract Price shall be paid by the Contractor to the Sub Contractor in the following manner:
Stage Payments
(a) The amount of any payment by way of instalments or stage or periodic payments in respect of a relevant period shall be the difference between the amount determined in accordance with sub-paragraph (i) and the amount determined in accordance with sub paragraph (ii). A relevant period shall be the period
ending on the 26th day of each month or the next business day, being a day (other than a Saturday or Sunday) on which banks are open for ordinary banking business in London
(i) The aggregate of the following amounts:
(a) an amount equal to the value of any work performed in accordance with the Sub Contract during the period from the commencement of the
Sub Contract to the end of the relevant period (excluding any amount calculated in accordance with sub-paragraph (b))
(b) Where the Principal Contract provides for payment for materials, an amount equal to the value of any materials manufactured on site or
brought onto site for the purposes of incorporation into the Sub Contract Works during the period from the commencement of the Sub
Contract to the end of the relevant period, and
(c) Any other amount or sum which the Sub Contract specifies shall be payable during or in respect of the period from the commencement of the
Sub Contract to the end of the relevant period.
(ii) The aggregate of any sums which have been paid or are due for payment by way of instalments, stage or periodic payments during the period from the commencement of the Sub-Contract to the end of the relevant period.
(iii) An amount calculated in accordance with this paragraph shall not exceed the difference between:
(a) The Sub Contract Price, and
(b) The aggregate of the instalments or stage or periodic payments, which have become due.
Dates for Payment
(b) Any payment of a kind mentioned in paragraph (a) above shall become due on:
(i) The expiry of 45 days following the relevant period mentioned in paragraph (a)(i) above, or
(ii) The making of a claim by the Sub Contractor, whichever is the later.
(c) The final payment payable under the Sub Contract, namely the payment of an amount equal to the difference (if any)
between:
(I) The Sub Contract Price, and
(ii) The aggregate of any instalment or stage or periodic payments which have become due under the Sub Contract, shall become due on:
(a) the expiry of 60 days following completion of the work, or
(b) the making of a claim by the Sub Contractor, whichever is the later.
(d) Payment of the Sub Contract Price under a Sub Contract in which it is specified in the Sub Contract that the duration of the work is less than 45 days or it is agreed by the parties that the duration of the work is estimated to be less than 45 days shall become due on:
(i) the expiry of 60 days following the completion of the work, or
(ii) the making of a claim by the Sub Contractor, whichever is the later.
(e) Any other payment under the Sub Contract shall become due on:
(i) the expiry of 90 days following the completion of the work to which the payment relates, or
(ii) the making of a claim by the Sub Contractor, whichever is the later.
Final Date For Payment
(f) The final date for the making of any payment of a kind mentioned in paragraph (a), (c), (d) or (e) shall be 90 days from the date that payment becomes due. Notice Specifying the Amount of Payment
(g) The Contractor shall, not later than 14 days before the date on which any payment:
(a) becomes due from him, or
(b) would have become due, if
(i) the Sub Contractor had carried out his obligations under the Sub Contract, and
(ii) no set-off or abatement was permitted by reference to any sum claimed to be due under one or more other contracts
give notice to the Sub Contractor specifying the amount (if any) of the payment he has made or proposes to make, specifying to what the payment relates and the basis on which that amount is calculated.
Notice of Intention to Withhold Payment
(h) Any notice of intention to withhold payment shall be given not later than 3 days before the final date for payment determined in accordance with paragraph (f) above.
Interpretation
(j) In this Clause:
“claim by the Sub Contractor” means a written notice given by the Sub Contractor to the Contractor specifying the amount of any payment or payments which
he considers to be due and the basis on which it is, or they are calculated; together with any details reasonably necessary to substantiate such amount. “relevant period” means the period stated in Clause 12(a).“value of work” means an amount determined in accordance with the Sub Contract.

(k) Retention at the rate of 5% of the gross value of any payments made in accordance with this Clause shall be deducted from such payments and retained by the Contractor until the Principal Contract Works have reached practical completion. In the payment following the issue of a Practical Completion Certificate for the Principal Contract Works the rate of retention deducted by the Contractor shall be reduced to 2.5% of the said gross value, which shall be retained until the issue of a Certificate of Making Good Defects for the Principal Contract Works.

(m) The Contractor may deduct from any sum paid or payable hereunder to the Sub Contractor any amount, levy or other sum that the Contractor may be or become liable to deduct from or pay on account of such sum paid or payable to the Sub Contractor hereunder by reason or Act of Parliament or Statutory instrument, rule or regulation made hereunder which may be or become law during the subsistence of the Sub Contract.

(n) The Sub Contractor shall at his own expense measure the Sub Contract Works and make claims in accordance with this Clause.

(2) Notwithstanding anything to the contrary elsewhere in these terms and conditions, if the Client or the Principal Contractor is insolvent as defined in any of the clauses (i) (ii) or (ii) below the Contractor shall not be obliged to make any further payment to the Sub Contractor of any amount which is due or may become due to the Sub Contractor unless the Contractor has received payment in respect thereof from the Client or Principal Contractor and then only to the extent that such receipt relates to Sub Contract Works has been performed by the Sub Contractor.

For the purposes of this clause 12 (2) ‘Act’ shall mean the Insolvency Act 1986 (as amended). (i) A company becomes insolvent:
1. When it enters administration within the meaning of Schedule B1 to the Insolvency Act 1986, or
2. On the appointment of an administrative receiver or a receiver or manager of its property under chapter 1 of part iii of the Act, or the appointment of a receiver under chapter ii of the Act, or

3.
4.
(ii)
1.
2.
grants a trust deed for its creditors. (iii) An individual becomes insolvent:

On the passing of a resolution for voluntary winding up without a declaration of solvency under s.89 of the Act, or

on the making of a winding – up order against it under part IV or V of the Act. A partnership becomes insolvent:

on the making of a winding- up order against it under any provision of the Act as applied by an order under s.420 of the Act ; or
when sequestration is awarded on the estate of the partnership under section 12 of the Bankruptcy (Scotland) Act 1985 or the partnership

1.
2.
(b)
under the law of Northern Ireland or of a country outside the United Kingdom.

on the making of a bankruptcy order against him under part IX of the Act, or
on the sequestration of his estate under the Bankruptcy (Scotland) act 1985 or when he grants a trust deed for his creditors.

A company, partnership or individual shall also be treated as insolvent on the occurrence of any event corresponding to those specified in clauses (i) (ii) and (iii) above

 

CLAUSE 13 – HEALTH AND SAFETY

The Sub Contractor shall be entirely responsible for the safe execution of the Sub Contract Works and shall comply with all laws and regulations having the force of law in respect thereof and in particular with any site safety regulations with which the Contractor may be required or may have been required by the Principal Contractor to comply and the Sub Contractor shall indemnify the Contractor against all consequences whatsoever of any breach thereof.

 

CLAUSE 14 – MATERIALS

(a) (ii) (iii)

All materials, goods and equipment used by the Sub Contractor or any of its employees, workforce or suppliers shall be: (i) of merchantable quality and fit for the purpose intended; and

shall comply in all respects with all applicable regulations.

to the satisfaction of the Contractor; and

 

CLAUSE 15 – PROTECTION OF THE SUB CONTRACT WORKS

(a) The Sub Contractor shall be responsible for the protection of the Sub Contract Works against any loss and damage from whatsoever clause and shall take all necessary precautions in the execution of the Sub Contract Works to prevent any damage to any part of the works under the Principal Contract or the property of the Contractor, Principal Contractor, Client, or any third party.

(b) Notwithstanding that the property in the Sub Contract Works and in any materials or goods on site for incorporation therein may under the provisions of the Principal Contract have vested in the Contractor, Principal Contractor, Client, or any third party, the same shall be at the sole risk of the Sub Contractor and any loss or damage thereto shall be made good by the Sub Contractor at its own expense

 

CLAUSE 16 – INSURANCE

The Sub Contractor shall obtain and keep in full force and effect at all times in respect of the Sub Contract Works a policy or policies of insurance covering:
(a) personal injury and/or loss of or damage to property, including the Sub Contract and Principal Contract Works for such amounts and, if required, in such joint names as may be specified by the Sub Contract or Principal Contract

  • (b)  public liability for injury to persons or property with policy limits and provisions and
  • (c)  professional indemnity covering (without limitation) all its liability hereunder whether for breach of contract negligence or otherwise in respect of defects or insufficiency in design appropriate to the site and Sub Contract Works, and shall from time to time whenever so required produce to the Contractor satisfactory evidence of such insurance cover.

CLAUSE 17 – INDEMNITY

The Sub Contractor shall indemnify and save harmless the Contractor against and from:

(a) any breach, non-observance or non-performance by the Sub Contractor, its servants or agents, of the provisions of the Principal Contract or any of them insofar as the same relate to and are applicable to the Sub Contract Works or any part thereof and

(b) any act, omission or default of the Sub Contractor, its servants or agents, which involves the Contractor in any liability to the Principal Contractor under the Principal Contract and

(c) any claim which may be made under statute, common law or otherwise arising out of or in connection with the Sub Contract Works by any person including the Contractor in respect of injury to or death of any persons or in respect of loss of or damage to property including the Principal and Sub Contract Works not caused by the negligence of the Contractor and

(d) any loss or damage caused to or by or resulting from any person employed or engaged by the Sub Contractor in respect of personal injury arising out of or in the course of his or her employment.

 

CLAUSE 18 – MAINTENANCE AND DEFECTS

The Sub Contractor shall maintain and protect the Sub Contract Works in perfect condition and shall make good at its own cost and expense every defect shrinkage or other fault from whatever cause arising until the expiry of the Defects Liability Period specified in the Sub Contract and Principal Contract (or if not so specified, 12 months from practical completion) or until the issue of a Certificate of Making Good Defects under the Principal Contract, whichever is the later. If the Sub Contractor shall fail at any time to remove any defective work and materials and make good the same within 7 days from receipt of an instruction from the Contractor to do so the Contractor may make good the defects or employ others to do so and the Sub Contractor shall pay to the Contractor any costs and expenses incurred therein including the costs of locating the defective work or materials and re- instatement by all trades affected thereby and any such costs and expenses shall be set off against any amounts due or to become due to the Sub Contractor or so far as not satisfied by any such set off shall be recoverable from the Sub Contractor as a debt due and owing to the Contractor.

 

CLAUSE 19 – DETERMINATION OF THE PRINCIPAL CONTRACTIf for any reason the Contractor’s employment under the Principal Contract is determined before the Sub Contractor has fully performed its obligations under the Sub Contract then

the employment of the Sub Contractor shall be determined forthwith and the Sub Contractor shall be entitled to be paid in accordance with Clause 12 of these Conditions.

 

CLAUSE 20 – DETERMINATION OF THE SUB CONTRACT BY THE CONTRACTOR

(a)

if the Sub Contractor:

(i)
(ii)
(iii)
(iv)
liquidation for the purposes of reconstruction)
(v) commits any material breach of the terms of the Sub Contract
then in any such event and without prejudice to any other rights and remedies the Contractor may possess, the employment of the Sub Contractor
under this Sub Contract shall be forthwith automatically determined and thereupon no further payments shall be due from the Contractor to the Sub Contractor until the practical completion, determination or abandonment of the Principal Contract. The Contractor may take possession of all materials, machinery, plant, tools, appliances and other things whatsoever brought on to the site by the Sub Contractor and may use them for the purpose of executing, completing and maintaining the Sub Contract Works and may, if it considers fit sell all or any of them and apply the proceeds in or towards the satisfaction of any sums otherwise due to the Contractor from the Sub Contractor. If the Sub Contractor shall at any time bring any materials, machinery, plant, tools, appliances and other things whatsoever onto the Works it shall be deemed that the above right has been reserved to the Contractor in respect of all and each of them.

(b) All costs, charges and expenses so incurred in completing the Sub Contract Works together with a reasonable sum by way of, but not limited to, preliminary costs, overhead charges and amounts estimated at the sole discretion of the Contractor for adopting the Sub Contractor’s liability for rectifying defects under Clause 17 hereof and/or latent defects which may arise during the limitation period under the Limitations Act shall be set off against any monies due or to become due on any account whatsoever to the Sub Contractor and so far as not satisfied by any such set off shall be recoverable from the Sub Contractor as a debt due and owing to the Contractor without prejudice to any other claim or right of action which the Contractor may have against the Sub Contractor.

 

CLAUSE 21 – FLUCTUATIONS

Unless so specified in the Sub Contract, the Sub Contract Price is fixed for the duration of the Works and shall not be subject to variation to take account of any increase or decrease in the cost to the Sub Contractor of performance of the Sub Contract.

 

CLAUSE 22 – ADJUDICATION AND ARBITRATION

(a) The procedures for the selection and appointment of an adjudicator, bestowing powers to the adjudicator and making provisions in respect of the adjudicator’s decisions shall be in accordance with Part 1 of The Scheme for Construction Contracts (England and Wales) Regulations 1998 except that the Nominating Body shall be THE ROYAL INSTITUTE OF CHARTERED SURVEYORS.

(b) In the event of any dispute or difference between the Contractor and the Sub Contractor whether arising during the execution or after the completion or abandonment of the Sub Contract Works or after the determination of the employment of the Sub Contractor under the Sub Contract (whether by breach or in any other manner), in regard to any matter or thing of whatsoever nature arising out of the Sub Contract or in connection therewith, then if either party shall give to the other notice in writing of such dispute or difference it shall be and is hereby referred to the arbitration and final decision of a person to be agreed between the parties, or failing such agreement within 14 days after either party has given to the other a written request to concur in the appointment of an Arbitrator, a person to be appointed on the request of either party by the President or Vice President for the time being of the Royal Institute of Chartered Surveyors. The Arbitrator shall not without the written consent of the Contractor and the Sub Contractor enter on the arbitration until after the practical completion or abandonment of the Sub Contract Works

In the event of any dispute or difference between the Contractor and the Sub Contractor, whether arising during the execution or after completion or abandonment of the Sub Contract works or after the determination of the employment of the Sub Contractor hereunder in regard to any matter of whatsoever nature arising out of the Sub Contract or in connection therewith, which shall be substantially the same as a matter which is a dispute or difference between the Contractor and the Principal Contractor under the Principal Contract, the Contractor shall be entitled to require the Sub Contractor to be joined as a party to any arbitration of such dispute. The Sub Contractor hereby agrees to be so joined and that such dispute or difference with the Contractor shall be referred to the arbitrator appointed or to be appointed pursuant to the provisions of the Principal Contract between the Principal Contractor and the Contractor and in any case the award of such arbitrator shall be final and binding on the Sub Contractor.

 

CLAUSE 23 – CONFIDENTIALITY AND RESTRICTIONS: IMPORTANT – PLEASE READ

(a) The Sub Contractor shall not, during his appointment hereunder or at any time after its expiry or termination for any reason disclose to any person or otherwise make use of any confidential information which he has or of which he may in the course of his employment become possessed relating to the Contractor, the Principal Works or Sub Contract Works or otherwise, nor shall he disclose to any person whatsoever (save his insurers or professional advisers) anything contained in this Sub Contract, without the prior written authority of the Contractor. These restrictions shall continue to apply without limitation in point of time unless and until such information comes properly into the public domain through no fault of the Sub Contractor.

(b) The Sub Contractor shall not, during his appointment hereunder or at any time for one year after its expiry or termination for any reason, either on its own account or in conjunction with or on behalf of any person, firm or company, deal with, solicit the custom of or endeavor to entice away from the Contractor the business or work of any party that is or has been the Principal Contractor or Client under the Sub Contract.

 

CLAUSE 24 – INVALIDITY

If any term or provision in this agreement shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term or provision or part shall to that extent be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.

 

CLAUSE 25 – NON-ASSIGNMENT

The Sub Contractor shall not assign the Sub Contract Works or any part thereof, or assign any right arising under the Sub Contract or these terms and conditions without first obtaining the written consent of the Contractor.

 

CLAUSE 26 – LAW

The Sub Contract shall be construed and operate as an English Contract and in conformity with English Law.

 

Subcontract Terms are as per CH Systmes ltd Standard subcontract Form. Subcontractors must obey site specific Health & Safety – always report to Site Office. No PPE / NO CSCS / No Site Induction will mean no access to site. Standard PPE to include Hard Hat, Hi Viz, Safety Boots, Ear Plugs/Defenders, Safety Glasses/Goggles and Gloves. PLEASE ENSURE THAT WHILE ON SITE AND CARRYING OUT WORKS ALL OPERATIVES MUST WEAR THE CORRECT PPE. Standard payment terms are 45 days end of month. Invoices are only valid with CH Systems authorised Purchase Order Reference. All Invoices must be posted or E-mailed to :- invoice@chsystems.cc