Terms & Conditions

1. OFFICIAL ORDERS - Liability for payment for goods supplied, work done, or services rendered will not be accepted unless a written order duly signed by us, can be produced. The order constitutes an offer by us to purchase the goods in accordance with these conditions. The order shall be deemed to be accepted on the earlier of: (a) you are issuing written acceptance of the order; or (b) you are doing any act consistent with fulfilling the order, at which point the contract will come into existence between us in accordance with these conditions.

2. QUANTITY - No alternation must be made in the quantity or particulars specified on any order without first obtaining our sanction in writing. Note: Aggregates must be delivered by weight. Weighbridge tickets must be supplied with all invoices.

3. PRICES - No alteration in the price given on this order or, in the case of running contracts, to that given on the initial order will be accepted unless we receive previous advice and accept same in writing. You shall not be entitled to assert any credit, set-off or counter claim against us in order to justify increasing the price.

4. DELIVERIES - You shall deliver the Goods on the date specified in the order to such premises as are set out in the order, or as instructed by us in writing prior to delivery. We reserve the right to cancel the whole or any part of an order with immediate effect in the event of non-delivery or non-completion within the period specified on the order, in which event you will discontinue all work on the contract and be held liable for the whole of the costs incurred (including loss of anticipated profits or any consequential loss). Any delivery shall be during our normal business hours (unless instructed in writing by us) and deliveries will not be accepted on Saturdays or Sundays without prior consent. All materials, packaging, plant, and equipment supplied must comply with all relevant statutory provisions. Material safety data sheets must accompany all materials delivered to site and a copy forwarded to the buying department of G A Cock & Sons. Where appropriate, a copy of current thorough examination certificates must accompany plant and equipment when delivered to site, along with the necessary health and safety literature for its safe operation and use.

Drivers of delivery vehicles must report to the site office on arrival. They must adhere to site rules and wear a hard hat, protective footwear, a high visibility vest or jacket and suitable protective gloves at all times. Delivery drivers off-loading plant, equipment or materials must be trained and competent, including for safe loading and unloading, use of any lifting appliance and/or accessories used. Copies of necessary documentation confirming this must be kept by the driver for presentation to G A Cock & Sons as and when requested. Plant, equipment, and materials offloaded onsite by delivery drivers must not obstruct access and egress routes, footpaths, or roadways. Materials offloaded by delivery drivers must be stacked in a safe manner that will prevent tipping, collapse, or unintentional movement. Delivery drivers must not offload onto public footpaths or carriageways. Employers have legal duties to prevent falls from height. Vehicle fall protection must be included for all vehicle activities in accordance with The Work at Height Regulations. Training must be supplied in accordance with associated risk assessments, legislation, and industry standards. G A Cock & Sons reserve the right to enforce that all delivery drivers will be CRB checked and that they carry all necessary identification if required. The quantities detailed in the purchase order are the maximum to be supplied. No deliveries are to be made before or after the agreed allotted time. No queuing is allowed on site or on adjacent roads outside these hours. All delivery notes and invoices must contain the following information:

• Site address - including developer and project address, and purchase order number

• Block number, flat type or plot number, product description and quantity, product unit rate and total

• Material safety data sheets for products supplied

The site contact will be advised at order placement and only authorised site management personnel are to sign delivery tickets. If delivery tickets are not signed by the above, payment will not be processed. At G A Cock & Sons' discretion the use of a forklift will be provided for unloading goods onsite. The supplier must advise our buying or commercial department should offloading be required.

Note: G. A. Cock & Sons' provision is to aid in offloading (telehandler) under the instruction of lorry/delivery driver who is responsible for his load

5. WASTE DISPOSAL/DUTY OF CARE - Please note: Any absent information (of any form) from any of the points below will result in delays to payment of your invoices - until such time the required information is received. The address of the transfer point or disposal place must be noted on your WTN before it is signed by our site representative and a copy is handed to them. The relevant EWC Code for the type of waste you are collecting must be present on your WTN. All other relevant information on your WTN must be diligently filled in by your driver, such as collection address, date, vehicle reg and a description of the type of waste and volume collected etc. Your WTN note must be both signed and name printed by our site representative. Please ensure your drivers are vigilant in ensuring this is the case, as we will do.

Above all and most importantly, a copy of the weighbridge ticket/licenced tip ticket must be submitted with your invoice so we can ensure that the waste has been disposed of at the same place as noted on your WTN, and that it has been disposed of at a licenced facility. In the instances that waste is taken back to your own yard/facility, we still require a covering ticket recording this event and the disposal location.

We understand that not all disposal facilities have weighbridge capabilities, but where weighbridges are available, they must be utilised and the weights of the loads recorded on the disposal ticket, gross, tare and nett, of which a copy is to be handed in with your invoice for verification.

6. OWNERSHIP - Under no circumstances may goods be removed from any of our sites or stores without prior written consent. All materials and goods supplied shall be free from any reservation of title.

7. QUALITY - Workmanship and materials supplied are to be at least equal to the standards laid down in all statutory and regulatory requirements including (but not limited to) the Requirements for the National House Building Council LABC/NHBC. The Supplier or Subcontractor is hereby deemed to have knowledge of these Requirements and to accept his liability to produce to the requisite standard. Copies of the relevant requirements may be obtained from the NHBC/LABC websites. You shall also ensure that all goods are fit for any purpose held out by you or made known to you by us expressly or by implication.

We shall have the right to inspect and test the goods at any time before delivery. Notwithstanding any such inspection or testing, you shall remain fully responsible for the goods and any such inspection or testing will not reduce or otherwise effect your obligations under the contract. All services, workmanship and materials supplied and not covered by Condition 6, must be to our satisfaction and to that of the Architect, Designer and in no case shall be inferior to the standard laid down in the appropriate British Standard.

Specified materials of inferior quality may be rejected and will be held at the senders’ risk and expense. The supplier will be liable for the cost of replacement of the goods or work to satisfactory quality. In the case of goods prefabricated or manufactured, or work executed especially for this contract, our liability for payment to you is limited to such amounts as you have delivered to site or works, and as are acceptable under Clauses 6 & 7 above.

8. CARRIAGE - All goods must be supplied carriage paid to site unless specifically stated to the contrary on this order.

9. PACKAGES - No charge will, on any account, be accepted for packing, crates or other containers unless specially mentioned on the quotation and accepted by us on the order.

10. RISK - All goods are to remain at the Suppliers' risk as regards deterioration, damage, or loss, until they are accepted by us and the end user.

11. ADVICE NOTES - Goods must be accompanied by Advice Notes giving the number and date of order, site or stores to which delivery is to be made and a clear signature of the recipient who is in direct employment of The Main Contractor. Where goods are forwarded by rail or carrier, detailed Advice Notes must be sent on the day of despatch to the place of delivery, to ensure that you can be notified without delay in the event of non-delivery. In the event of copy Advice Notes being requested from your company these should be forwarded no more than 5 working days after our request.

12. STATEMENTS - A statement of each month’s invoices must be rendered not later than the 10th of the month following delivery.

These terms and conditions apply to this order and any prior and subsequent documentation to the exclusion of any other terms and conditions that you may seek to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.

You are to indemnify us as the employer, and adequately insure and maintain in force with a reputable insurance company, against all product liability, public liability, Employers Liability and Third-Party risks to cover such heads of liability as may arise under or in connection with the contract, and produce on demand the policies for such insurances, together with receipts for premiums if requested. It will be deemed that you are fully covered against such risks unless we hear from you to the contrary, within a reasonable period, and in any case before the execution of this order.

All persons working pursuant to this order on premises which are to any extent under our control are required to comply with the requirements of the Health and Safety at Work etc Act 1974 and any other acts, orders, regulations, and codes of practice relating to health and safety, which may apply to staff and other persons working on the premises in the performance of its obligations under the Contract. In the event of penalties being imposed on the main contractor as a result of actions taken by any supplier or sub-contractor employee, the main contractor reserves the right to recover all costs, expenses, damages and losses (whether direct or indirect), including any interest, penalties, and legal and other professional fees and expenses awarded against or incurred or paid by the main contractor as a result of or in connection with the reason for such penalty.

1. INVOICES - Please quote order number and delivery address on all invoices which should be rendered as soon as possible but not later than 10 days after the close of the month in which the goods were delivered. Invoices received after the 10th will be dealt with in the following month, without loss of trade or cash discount. Copy Advice Notes received after 5 working days from our request will also be dealt with in the following month, without loss of trade or cash discount.
2. SET OFF / Contra Accounts - We reserve the right to deduct from any monies due or becoming due to you the amount of Bona-Fide contract accounts which we may have against you. A party claiming a Set Off will generally need to prove on the balance of probabilities that the other party was in breach of an obligation and that the breach in question caused it a loss. Often the claiming party will have an obligation to mitigate its losses, by taking steps to keep them to a reasonable sum. Set Off/Contra Charge can only be deducted where a valid withholding notice has been formally issued.
3. FORCE MAJEURE - We shall not be liable to you for any delay or failure in performing our obligations under the contract to the extent that such delay or failure is caused by an event or circumstance that is beyond our reasonable control, and which by its nature could not have been foreseen by us or, if it could have been foreseen, was unavoidable.
4. INDEMNITY - You shall keep us indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, penalties, and legal and other professional fees and expenses awarded against or incurred or paid by us as a result of or in connection with: (a) any claim made against us by a third party arising out of, or in connection with, the supply of the goods, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of the contract by you, your employees, agents or subcontractors; and (b) any claim made against us by a third party for death, personal injury or damage to property arising out of, or in connection with, defects in goods, to the extent that the defect in the goods is attributable to the acts or omissions of the Supplier, its employees, agents or subcontractors. This condition shall survive termination of the contract. Our rights and remedies under these Conditions are in addition to its rights and remedies implied by statute and common law.
5. THIRD PARTY RIGHTS - A person who is not a party to the contract shall not have any rights under or in connection with it.
6. SEVERANCE - (a) If any court or competent authority finds that any provision of these terms and conditions and/or the contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions and/or the contract shall not be affected; and (b) If any invalid, unenforceable or illegal provision of these terms and conditions and/or the contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
   
7. GOVERNING LAW AND JURISDICTION - These terms and conditions and the contract, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

Note: All plant hired in by G A Cock & Sons must be from a vetted and approved hire company that has been approved by the plant department or an authorised manager. By receipt of the enclosed order, you agree to be bound by these Terms and Conditions which will take precedence over all other terms and conditions.

Definition of Hire: These Terms and Conditions are an agreed amendment to the Hire Company Model terms and conditions for the Hiring of Plant as per CPA (Construction Plant Hire Association) or other terms and conditions as relevant to the Hire Company to which G A Cock & Sons are hiring from.

Extent of Contract: All Hired Plant & Machinery will be supplied in accordance with the following.

• in ‘Good Working Order’ (fit for purpose)
• with the manufacturers operating instructions attached/enclosed within/to the plant & machinery
• with fully working ‘Security Locks’ and ‘Security Shutters’
• fuel tanks must be filled before delivery
• with ‘Statutory Inspection Certificates’
• with ‘Fully Automatic Quick’ Hitch (if applicable)
• with a ‘Skilled Operator’ (if requested), qualified as required to CITB, CPCS standards

Employers have legal duties to prevent falls from height. Vehicle fall, protection must be included for all vehicle activities in accordance with The Work at Height Regulations. Training to be supplied in accordance with associated risk assessments, legislation, and industry standards.

DELIVERIES - You shall deliver the Goods on the date specified in the order to such premises as are set out in the order, or as instructed by us in writing prior to delivery. We reserve the right to cancel the whole any part of an order with immediate effect in the event of non-delivery or non-completion within the period specified on the order, in which event you will discontinue all work on the contract and be held liable for the whole of the costs incurred (including loss of anticipated profits or any consequential loss). Any delivery shall be during our normal business hours (unless instructed in writing by us) and deliveries will not be accepted on Saturdays or Sundays without prior consent. All materials, packaging, Plant, and equipment supplied must comply with all relevant statutory provisions. Material safety data sheets must accompany all materials delivered to site and a copy forwarded to the buying department of G A Cock & Sons. Where appropriate, a copy of current thorough examination certificates must accompany plant and equipment when delivered to site, along with the necessary health and safety literature for its safe operation and use.

Drivers of delivery vehicles must report to the site office on arrival. They must adhere to site rules and wear a hard hat, protective footwear, a high visibility vest or jacket and suitable protective gloves at all times. Delivery drivers off-loading plant, equipment or materials must be trained and competent, including for safe loading and unloading, use of any lifting appliance and/or accessories used. Copies of necessary documentation confirming this must be kept by the driver for presentation to G A Cock & Sons as and when requested. Plant, equipment, and materials offloaded onsite by delivery drivers must not obstruct access and egress routes, footpaths, or roadways. Materials offloaded by delivery drivers must be stacked in a safe manner that will prevent tipping, collapse, or unintentional movement. Delivery drivers must not offload onto public footpaths or carriageways. Employers have legal duties to prevent falls from height. Vehicle fall protection must be included for all vehicle activities in accordance with The Work at Height Regulations. Training must be supplied in accordance with associated risk assessments, legislation, and industry standards. G A Cock & Sons reserve the right to enforce that all delivery drivers will be CRB checked and that they carry all necessary identification if required. The quantities detailed in the purchase order are the maximum to be supplied. No deliveries are to be made before or after the agreed allotted time. No queuing is allowed on site or on adjacent roads outside these hours. All delivery notes and invoices must contain the following information:

• Site address - including developer and project address, and purchase order number
• Block number, flat type or plot number, product description and quantity, product unit rate and total
• Material safety data sheets for products supplied

The site contact will be advised at order placement and only authorised site management personnel are to sign delivery tickets. If delivery tickets are not signed by the above, payment will not be processed. At G A Cock & Sons' discretion the use of a forklift will be provided for unloading goods onsite. The supplier must advise our buying or commercial department should offloading be required.

Note: G. A. Cock & Sons' provision is to aid in offloading (telehandler) under the instruction of lorry/delivery driver who is responsible for his load.

Off Hiring Before removing plant & machinery from the worksite/project you must formally inform G A Cock & Sons' authorised manager.

Limitation of Liability: We, G A Cock & Sons will pay for legitimate repairs and damages which are a result of our negligence but will not be held responsible for any accident or occurrence which is the result of the Hire Companies’ Plant, Employees, or their Representative’s/Operator’s negligence.

Received from G A Cock & Sons a copy of the General Conditions of Engagement for Operated and ‘Non’ Operated Plant Hire

That in respect of this Subcontract you will undertake towards us the like obligations and liabilities as are imposed upon us and will indemnify us from and against the same and from all claims, demands, proceedings, damages, obligations or to fulfil such liabilities. You will indemnify us from and against any negligence by you, your agents, workmen and servants and from and against any misuse by you or them of any construction plant or temporary works provided by us for the purpose of the Contract and from all claims as aforesaid. Minimum third-party insurance of £5,000,000 for any one accident unless otherwise agreed with the contract surveyor. Payments will be made "based on agreed stages of work as detailed in your contract documents".

Maintenance period as LABC/NHBC requirements. No payment will be made for stage payment works unless authorised by the appointed surveyor. You are required to comply with the requirements of current legislation, British Standards, Building Regulations, Health and Safety at Work etc Act 1974 and The Construction (Design and Management) Regulations in as far as they apply to your work. It is understood that you are to familiarise yourself with The Control of Substances Hazardous to Health (COSHH) requirements and documentation. It is understood that all works will be carried out in accordance to this order on premises which are to any extent under our control and will be required to comply with the requirements of the Health and Safety at Work etc Act 1974 and any other acts, orders, regulations and codes of practice relating to health and safety, which may apply to staff and other persons working on the premises in the performance of its obligations under the Contract. In the event of penalties being imposed on the main contractor as a result of actions taken by any supplier or sub-contractor employee, the main contractor reserves the right to recover all costs, expenses, damages, and losses (whether direct or indirect), including any interest, penalties, and legal and other professional fees and expenses awarded against or incurred or paid by the main contractor as a result of or in connection with the reason for such penalty. It is understood that all work will be carried out to NHBC/LABC requirements, Local Authority requirements, British Standard requirements. The conditions of this Subcontract shall apply in case of conflict with any Term of your Quotation. Your accepted Quotation is deemed to include for fares, travelling time and subsistence allowances which may be incurred by you during the progress of this Subcontract. You are required to place sufficient men and equipment on the site to satisfy the Site Manager at all times, and to carry out your work in a manner to suit G A Cock & Sons Limited, Construction Programme. We have the right to cancel whole or part of this Order if satisfactory progress is not maintained. Should the subcontractor choose not to fulfil the obligations of this subcontract, G A Cock & Sons Limited retains the right to employ others to complete the subcontract works. In either event, should costs be incurred by G A Cock & Sons Limited these monies will be deducted from your account. The Contract is a fixed price Contract, and no Variations will be granted as a result of changes in labour and or material costs unless agreed in writing. Invoices will be accepted via agreed email or post. Where the engagement is for labour and that labour is obtained through an Intermediary, any reporting requirements to HMRC that are required currently & for the future, are to be met in their entirety by the Intermediary; there will be no requirement of G A Cock & Sons Limited to provide any statutory reporting to HMRC in relation to the provision of any labour. Therefore, any reporting burden and potential liability for previous and future National Insurance and PAYE Taxes will be the responsibility of the Intermediary, together with any liability in totality with reference to IR35. G A Cock & Sons also agrees to enter into this contract/order under the assumption that it is under no obligation to offer work, nor does it have the right to supervise, direct or control the manner in which any of the operatives effect the works.

Site Instructions & Daywork Procedures for Sub- Contractors for Perceived Variations to Contract Works

Variations & Instruction

G. A. Cock & Sons may issue to the Sub-Contractor such instructions as it sees fit to vary the quantity or quality of the Sub-Contract Works (including any design) or any other matter which may affect the carrying out of the Sub-Contract Works including, but not limited to (a) any addition, omission or substitution of work; (b) alteration of the kind of standard of any materials or goods for use in the Sub-Contract Works; and (c) obligations or restrictions relating to access, working space or working hours.

Any instructions issued by G. A. Cock & Sons to the Sub-Contractor must be given in writing. The Sub-Contractor shall comply with any such instruction from the Contractor immediately upon receipt of such instruction.

No instructions issued by the Contractor or subsequently sanctioned by it shall vitiate the Sub-Contract.

Where the Subcontractor believes there a financial impact arising from the instruction against the Sub-Contract Sum, the Sub-Contractor is to notify the Contractor of that prior to commencing the relevant works.

When the financial impact of the instruction is evaluated, this may also result in a reduction in the Sub-Contract Sum. The Contractor reserves the right to adjust the Sub-Contract Sum accordingly.

The Contractor and the Sub-Contractor will agree in writing an appropriate adjustment to the Sub-Contract Sum resulting from the impact of an instruction by the Contractor at any time prior to compliance with such instruction and any payment due to the Sub-Contractor shall be made in accordance with the Sub-Contract.

Where on occasions an immediate response is required from the Subcontractor and there is no opportunity to agree on the impact of an instruction in advance of the works being carried out, in these instances the Subcontractor is to obtain an instruction from the Contractor (or its Project Manager in charge) to proceed without advance agreement of a price and to supply the following information; (a) signed daywork sheets with actual effective hours worked, agreed by the Contractor’s Site Project Manager; (b) description of works undertaken; (c) description and quantities of materials used including copies of any relevant invoices; and (d) description of plant utilised and periods for these including copies of any relevant invoices.

Any work carried out on a daywork basis shall be recorded on a daywork sheet within 48 hours of the works being carried out. The daywork sheet will be discussed at the next regular commercial surveyor meeting.

The instruction and day work sheets will be considered to be a record of time and resources spent carrying out the specified works only and the value of these will be assessed against the Sub-Contract Sum and/or Sub-Contract Rates by the Contractor. The Sub-Contractor is to submit its day works claim along with its claim for payment for the relevant month by the end of that month.

The Contractor reserves the right not to pay for variations or day works if not first agreed or accompanied by the relevant instructions and information.

Where the Contractor and the Sub-Contractor have not agreed or cannot agree an appropriate adjustment to the Sub-Contract Sum it shall be adjusted as follows; (a) where any additional, substituted or omitted work is of a similar nature or character to any parts of the Sub-Contract Works it shall be valued by reference to an appropriate Sub-Contract Documents (if any); (b) alternatively such work shall be valued at fair rates and prices as determined by the Contractor; and any payment due to the Sub-Contractor shall be made in accordance with the Sub-Contract.