Terms and Conditions

These terms along with our standard conditions of business form our legal contract with you. Where there is a conflict between the provisions of the Terms and the standard conditions of business these Terms shall take precedence.

1. The form of this contract is to be advised and shall be subject to our standard terms of trading.
2. Payment will be made on the last working day of each month from commencement of contract.
3. pH7 MPS Ltd will be paid in full for all materials delivered to site but not installed.
4. All contracts are assumed to be standard construction contracts.
5. One week’s notice is required prior to commencement on site.
6. Our defects liability period is 6 months unless otherwise requested.
7. Quotation prices are valid for acceptance for 30 days.
8. All prices quoted are excluding VAT.
9. All works to be carried out during normal working hours.
10. Prices are based on continuity of work.
11. All prices quoted are according to the relevant drawings and specification detailed in the quotation.

Specific Inclusions:

1. To supply and install strictly based on supplied drawings. Correct and up to date specifications must be supplied at all times. Failure to do so may result in extra charges and revisions must be supplied in writing for the avoidance of doubt.
2. If drawings and specifications change immediate notice in writing must be supplied – a revision in cost and time may be applied.
3. Site must be clearly accessible and hoists and lifts available for transferring materials to appropriate location. Cost will be client responsibility.
4. We have assumed deliveries will be Monday to Friday during standard working hours.
5. Site hours are assumed to be Monday to Friday 7.30am to 4pm. We have made no allowances for restrictions of working times for noisy or disruptive works.
6. O&M manuals – provision of O&M manuals will be provided as and when required.

Assumptions, Clarification and Exclusions:

1. We have assumed that normal welfare facilities, first aid facilities, temporary lighting, lifts and 110V power will be supplied to site for use free of charge and that the site manager/main contractor/property owner will provide a qualified first aider, safety manager and project manager.
2. Covid secure working practices will be observed at all times. No liability or responsibility is taken by pH7 for any delays caused by Covid-19.
3. If works need to be completed outside the standard working hours mentioned above this will result in reprogramming scheduled works and will be charged accordingly.
4. Should our start time or finish time be delayed by incidents outside our control we will seek abortive costs commensurate with the agreed hourly day rate.
5. Should other trades on site impinge pH7’s schedule then extra costs may be incurred, and finish dates delayed.
6. ph7 are not responsible for any delivered items to site and suitable locked and secure storage must be made available.
7. pH7 are not responsible for any other trades, personnel or equipment on the working site.
8. Disposal of packaging and waste is the responsibility of the client.

Price/Payment:

1. pH7 may increase prices at any time by giving the customer 14 days’ notice in writing.
2. pH7 may increase prices of large order value items at any time should the supply price change as this price factor is beyond control.
3. Quotation / estimate prices are valid for 30 days.

Deliveries:

1. pH7 is not responsible for delays in deliveries of large items when out of their control.
2. Clear and accessible site must be provided for large deliveries. Off-loading help may be required – the site manager will be informed accordingly, and assistance provided when required. If the site is not ready for delivery and large items are rejected, then this will result in additional cost and delivery fees.
3. Any storage fees will pass to the client.
4. Title of all good remain the property of pH7 until full payment has been made. Goods must be in perfect condition and unmarked packaging whilst onsite.

Payment:

1. On acceptance of the quotation a deposit of agreed value must be paid to secure the job.
2. Invoices will be issued to the client every 14 days on a rolling basis.
3. All large value order items (anything over £2,500) must be paid for in full prior to delivery date to site.
4. Goods delivered to site remain the property of pH7 if full payment has not been received. Installation is not part of this payment.
5. Payments will be made according to quotation terms but should be within 14 days of invoice date.
6. Late payment fees will apply from day 15 at a rate of 1%.
7. Retainer of 5% of the contract value will be invoiced 14 days after handover of completed job and O&M manuals. Retention values and times may vary due to size and length of job so are subject to change based on quotation.
8. NO credit will be supplied.
9. pH7 will not be liable for any delay or failure in performance caused by customer’s failure to make the site safe and clear, for other trade delays resulting in pH7 delay or Force Majeure.
10. Risk for all good will pass to the customer on delivery.
11. Title for all goods will pass to the customer once payment in full has been received.

Warranty:

1. Manufacturer’s warranty will apply for large items. pH7 will not be responsible for registering and managing warranties.
2. Maintenance of items must be kept up to date for warranty’s to still be valid.
3. pH7 will be available for queries and rectifications, solely based on their works completed for a period of 6 months from contract start date. Charges may apply.

Indemnity and Insurance:

1. The customer shall indemnify pH7 from any losses and damage, liability, costs (including legal fees) and expenses incurred by the supplier as a result or in connection with the customers breach of obligation.
2. pH7 have indemnity insurance in place and a copy can be supplied to the project manager / customer on request. This covers pH7 staff and materials ONLY.

Termination:

1. pH7 may terminate the contract when the customer has failed to pay according to the terms listed above.
2. Site and access, safety requirements and welfare are not acceptable.
3. Any revoke or modification in authorization if ph7 are unable to complete the specified contract accordingly.
4. The customer is in breach of the contract which is not remedied within 14 days. This will be provided in writing to the site manager/customer and will be effective immediately. Works completed and all costs incurred up to that date must be paid in full.
5. Termination of the contract shall not affect any accrued rights.
6. or liabilities of pH7 at any time up to the date of termination.

Data Protection:

pH7 agree to comply with Data Protection Laws at all times and shall not process and/or transfer protected data without prior authorization from the customer.

Photography:

The client consents to photographic Images being taken of their work and associated works to be used for reference purposes.

Images may be used for advertising, PR and social media. The customer must advise pH7 in writing if you do not wish your property / completed works to be used for this purpose.

Signed by or on behalf of the

Customer…………………………………………………………………

Date…………………………………………………………………

By supplying these terms on or before receipt of initial payment / commencement of a contract it is taken that these terms have been accepted.