1.0 Definitions In these Terms and Conditions

  1. 1.1 "EWS" shall mean Essential Water Services Ltd whose registered office is situated at PMB Accountants, 63 High Street, Baldock, Hertfordshire, SG7 6BG
  2. 1.2 "Customer" shall mean the person, organisation, firm or company from whom orders are received.
  3. 1.3 "Services" shall mean the range of water supply pipe / mains services offered by EWS from time to time.
  4. 1.4 "Order" shall mean an order placed with EWS at their premises situated at Unit 3 Oakfield Business Corner, Works Road, Letchworth, Hertfordshire, SG6 1FB, specifying the type of service to be supplied.

2.0 Orders and Acceptance and Exclusion of Liabilities The Customer acknowledges and agrees by placing orders with EWS that:

  1. 2.1 This is a business transaction into which both parties are freely entering.
  2. 2.2 There are clauses contained in these Conditions which exclude, limit or modify the liability of EWS, it's servants and agents, in particular clauses 7, 8, 9 & 10.
  3. 2.3 All business transacted is subject to these Conditions as set out herein. All other terms and conditions are excluded. Any variation to the standard Conditions must be in writing and signed by a Director of EWS, and no employee or agent of EWS has authority to waive or vary these Conditions.
  4. 2.4 On acceptance by EWS of an order from the customer, such an order for goods or services cannot be rescinded without written agreement signed by a Director of EWS.
  5. 2.5 In the event of EWS being required to commence works on site in advance of an order being placed by the customer, the EWS Terms and Conditions will apply for the contract duration.

3.0 Price of Services

  1. 3.1 An order is accepted only on condition that the price of the services shall be those in force at the date of commencement of the services. EWS shall give written notification of any price change that shall be implemented between the acceptance of an order and the date of the commencement of the services. All prices and sums payable by virtue of these Terms and Conditions are subject to the addition of Value Added Tax or such tax required to be paid by law at the rate for the time being in force.
  2. 3.2 All prices are nett unless specifically stated in writing to the contrary.
  3. 3.3 Prices do not allow for compliance with any noise restrictions peculiar to the works unless specifically stated in writing to the contrary.
  4. 3.4 Prices allow for all works being completed on one visit to the site consisting of continuous efficient working.
  5. 3.5 Prices are based on working a five day week of ten hour days to include travel .

4.0 Services Specification

  1. 4.1 The customer shall within 14 days of the completion of the services carry out all it's own expense tests to ensure that the services satisfy the specification as contracted by EWS and shall notify EWS in writing within such 14 days period of any failure to meet the contracted specification. If no such written notice is received by EWS within 15 days, the customer shall be deemed to be satisfied by the service provided.
  2. 4.2 The parties to agree a programme of work prior to the commencement of the works to ensure efficient working and to prevent out of sequence working.
  3. 4.3 During the progress of the work, should the normal rate of production be impeded by the encountering of unforeseen objects in the ground structure and surface, the cost of any resulting delay shall be recoverable from the customer by EWS at the daywork rates prevailing at the time. Provision of a JCB will be dealt with individually and the price revised accordingly.
  4. 4.4 EWS will take all responsible steps to secure completion by the dates given but if completion of the works should be delayed for any reason outside the control of EWS, EWS shall within 7 days give written notice thereof to the Customer and a fair and reasonable extension of time shall be agreed between the parties.

5.0 Dayworks, Variations, Minimum Daily Charges and N.P.O.

  1. 5.1 Dayworks and Standing/waiting time due to reasons beyond EWS control will be charged at the following rates, inclusive of machinery transport and one operative;
    Service & Mainslaying Team (2 man) £65.00 per hour, Reinstatement Team (2 man) £65.00 per hour
  2. 5.2 Dayworks will be carried out at the rates in 5.1 as authorised and agreed between the parties prior to the commencement of the dayworks. The records for daywork standing/waiting time will be recorded on the operatives worksheets and submitted to the customer not later than 5 working days following the day in which the works have been carried out.
  3. 5.3 Consumables used in dayworks will be charged at the rates prevailing at the time the works are carried out.
  4. 5.4 EWS require a minimum amount of priced work per day per operative equal to the daywork charges in 5.1 for an eight hour day. If this amount is not available a minimum daily charge calculated as aforementioned will be charged together with consumables as per 5.3. Should EWS not exceed the appropriate minimum daily rate due to out of sequence working, excessive moving or other disruptive matters outside of EWS control, the minimum daily charge will apply.
  5. 5.5 Any extra over to quantities will be priced on a pro-rata basis to the rates contained in the original price.
  6. 5.6 All work will be recorded on EWS worksheets

6.0 Maintenance and Retention

  1. 6.1 Unless otherwise agreed in writing the contract shall not be subject to a period of maintenance following completion of the work and no sum of money is to be retained from the amount due to LDDS from the customer in regard to a period of maintenance of the works.

7.0 Force Majeure

  1. 7.1 EWS shall not be held liable or deemed to be in default of it's Contract for any failure to perform its obligations if such failures result directly or indirectly from force majeure.

8.0 Payment

  1. 8.1 Payment to be made strictly within 30 days of date of application. Any queries should be made within the first 7 days of receiving the application, otherwise it will signify that the application is agreed in full and payment will be made accordingly.
  2. 8.2 In the event that the Customer is in arrears in the payment of any sums due, EWS shall be entitled to withdraw any credit facilities, and shall not be obliged to supply any further services whether orders have been accepted by EWS or otherwise. In the event of the Customer ceasing to trade their directors shall accept jointly and severally to reimburse EWS for any outside debt.

9.0 Limitation of Liability

  1. 9.1 EWS shall be under no liability to the Customer for damages or losses, directly or indirectly, and specifically excluding any damages howsoever arising if EWShave not been notified in writing in advance of commencement of the work by the Customer of the exact route of all pipes, wires and services in the vicinity of any locations where LDDS are providing services.
  2. 9.2 EWS shall have no liability for any indirect or consequential losses or expenses suffered by the Customer howsoever caused.
  3. 9.3 EWS's aggregate liability to the Customer, whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the services which give rise to such liability in respect of any occurrence or series of occurrences.

10.0 Contractual Exclusion of the Customers right to set off and Abatement

  1. 10.1 The Customer herby agrees that all the sums due to EWS under the Agreement between them shall be paid immediately when deduction and expressly agrees that no payment shall be withheld or deferred on account of any claim, counterclaim or set-off and acknowledges that ant claim of whatever nature by the Customer against LDDS must be the subject of separate proceedings and that the rule of abatement is expressly excluded from this Contract.

11.0 Governing Law

  1. 11.1 The formation, construction and performance of these Terms and Conditions of sale shall be governed in all respects by English Law.