1.1 This addendum shall apply in addition to our terms and conditions of purchase (“Main Terms”), and any other documents incorporated into the Contract.
1.2 Terms defined in the Main Terms shall, where the context so permits, have the same meaning in this addendum.
1.3 In the event of a conflict between the terms of this addendum and the Main Terms, then this addendum shall prevail in relation to Services which you perform at our site or any other site now owned by you at which it is designated that the Services will be performed (in either case, “Site”), whereas the Main Terms shall prevail in relation to any other matter.
2. POLICIES AND PROCEDURES
2.1 You must comply with any and all policies (including health and safety policies and procedures) which apply to the Services you will perform and the Site, whether such policies are imposed by ourselves, our own customer or the Site owner/controller/manager.
2.2 Where any form of permit is required (such as a hot works permit) in relation to the Services, it will be your responsibility to ensure that such permit is in place before you arrive at Site. Where you arrive at Site and such permit is not in place, then you will not receive any payment for the downtime which ensues and this will be deemed to be a material breach of the Contract by you.
2.3 You will prepare a risk assessment, a method statement, and any other documents which we request from you in relation to the Services, without additional charge.
2.4 It is likely that at almost any Site there will be an induction policy, and your personnel may not be granted access to the Site until they have completed said induction procedure. The time spent preparing for and completing this procedure shall not be chargeable.
3. YOUR PERSONNEL
Only suitably trained, qualified and experienced personnel will be used by you for each element of the Services. Where we, our customer or the site owner/controller/manager reasonably believes that a member of your personnel is not suitably trained, qualified or competent to perform the task allocated to them, then you will immediately replace such person with a suitably trained, qualified and competent replacement without any additional charge or delay. Where this occurs, we shall be entitled to charge you for any costs and expenses incurred by us, whether to our customer, our other suppliers or any third parties, and including without limitation where other suppliers or contractors experience down-time as a result thereof.
4.1 The price to us for your performance of the services shall be exclusively as set out in the order. No additional charges or expenses will be entertained unless they have been agreed in advance by us in writing.
4.2 For the avoidance of doubt, we shall not be obliged to make payment to you for your personnel’s rest or break periods, down time, or travel time.
4.3 No additional sums over and above any agreed daily rate will be payable in relation to overtime or weekend/Bank Holiday work.
4.4 It is your responsibility to ensure that any of your personnel on site at any time comply with any and all legislation in relation to breaks and rest periods.
5.1 You are aware that we are not typically the owners of the Site at which you will perform the Services. It is therefore essential that you notify us prior to us placing the Order setting out in full the facilities, utilities and other requirements which you may have to allow you to perform the Services in the agreed timescale.
5.2 You should conduct a site visit prior to mobilization in order to ensure that you are fully aware of the conditions and facilities/utilities available at Site as standard. By accepting our Order (including by deemed acceptance) you are confirming that (i) the Site, and the relevant location within the Site, are suitable for performance of the Services, and (ii) except as specified otherwise in the Order, any tools, machinery, plant facilities or utilities required will be provided by you on a free of charge basis. If you require additional facilities, utilities, etc, which you have not notified to us in writing prior to us placing the Order or (where we place an Order without you having provided us with a written quotation) within 3 Business Days of us placing the Order, then you will be responsible for obtaining the supply of said utilities/facilities at Site at your own cost and expense. If we obtain such further utilities or facilities on your behalf in such circumstances, then we may at our absolute discretion pass on the cost of doing so to you, plus a 20% administration charge thereon.
5.3 You are responsible for ensuring that all of your personnel at site have appropriate and (where applicable) in-date PPE for any work which they will undertake as part of providing the Services. You acknowledge that we (or, where applicable, the Site owner/controller/manager) may, without incurring any liability to you, prevent your personnel from commencing work where they do not have the appropriate PPE. We will treat such an issue as a material breach of the Contract by you.
6. SITE CONDITION
6.1 Upon completion of the Services, you shall ensure that the area in which you have been working is in a clean, safe and tidy condition. This will include clearing away any rubbish or mess which has been caused by your performance of the Services, in accordance with the relevant Site regulations and procedures.
6.2 Where other contractors are performing work on the Site at the same time as you, then you will co-ordinate with such contractors with regards to cleaning the area at the end of the working day on which you conclude the Services.