Terms & Conditions of Supply
In these conditions The Company shall mean Benfield ATT Group limited and the Supplier shall mean the recipient of this Order.
- In the event of any stoppage or delay in the operation of the Company, it will be entitled to cancel, extend, suspend or vary the terms of any Order and to pay only for goods and services actually supplied and that have been stipulated in the Order.
- The Supplier warrants that in fulfilling the Order, it will comply with all statutory or quasi-statutory requirements and produce necessary evidence thereof. Furthermore, the Supplier warrants that the goods and services supplied comply with the relevant British Standard or equivalent and are of merchantable quality.
- All goods supplied to the Company shall be free of lien or other encumbrances. The supplier shall indemnify the Company against any claim on or against the Goods supplied howsoever arising.
- No substitution will be permitted under this Order except on written authority of the Company. If the Supplier seeks an alteration of the Order (other than substitution) it shall seek written acceptance by the Company before delivery.
- No variation of the statutorily implied warranties and covenants by a Supplier under the Sale of Goods legislation (as amended or replaced from time to time) shall be permitted by reference to any terms used by the Supplier or to any oral statements of either party.
- a) The stipulations as to delivery time by the Supplier are of the essence of the Contract and the Supplier guarantees prompt delivery in accordance with the Order and any agreed oral statements made in connection therewith. The Supplier if in default shall indemnify the Company if it has to make alternative arrangements. b) Part orders are not acceptable unless agreed in writing. c) Any defects in goods supplied will be verified to the Supplier who will collect and replace them at their own expense.
- The Supplier agrees not without the express permission of the Company to assign the Order or any part of it to sub-contract. Any permission relating to sub-contracting may be limited to a named sub-contractor.
- This Order is not to be publicised by the Supplier without written permission of the Company.
- All material supplied shall conform as to quality and quantity so as to be fit for the purpose specified for manufacture.
- INSURANCES; a) Suppliers will maintain all appropriate insurances for their labour, tools, tackle, plant, transport and equipment at all times and are responsible for the security of such equipment. The Supplier shall indemnify the Company against any possible claim that may result from the activities of the Supplier and his Sub-contractors or agents. b) The Supplier shall maintain full and adequate insurance to cover accidents and liability to third parties arising there from and in the case of cranes and other mobile plant the Supplier will accept the sole responsibility to effect insurance in respect of damage caused by it (whether as a result of the operator's negligence or not) and will indemnify the Company accordingly.
- PERSONNEL; a.) Labour supplied by the Suppler remain at all times and for all purposes the employees of the Supplier and shall on no account be deemed to be in the employ of the Company. The Supplier shall ensure that only fully competent personnel are supplied and the Company may terminate any Contract in whole or part if this condition is not fulfilled. Furthermore, the Supplier will indemnify the Company against any loss suffered by the Company as a result of the actions of the personnel supplied. b) Labour supplied by the Supplier shall be informed by the Supplier of any fire and safety precautions required by the Company or site owner and the Supplier shall be responsible for compliance by such personnel. c) Labour supplied by the Supplier shall, when required, be members of the appropriate Trade Union. d) On day work Contracts the Supplier shall ensure that its labour confirms to the working periods and travelling time notified by the Company and that all time sheets are certified in writing daily by the Company's site management.
- HEALTH & SAFETY. a) Suppliers are to ensure that their labour acquaint themselves with and fully conform to all legal and site Health and Safety requirements, regulations and instructions. b) Suppliers are to ensure that their labour fully conforms to all site hygiene requirements and ensure that their labour has no medical condition that precludes them from working on any site. c) Suppliers are to ensure that their labour is fully equipped with all necessary protective clothing e.g. hard hats, overalls, safety boots etc. d) All Benfield ATT sites are strictly non-alcoholic and as such Supplier's labour is not permitted to consume alcohol at any time during the Contract period i.e. before a shift,or during meal breaks. Infringement of this Condition will result in immediate termination of the Suppliers Contract.
- PLANT; a)The Company does not accept CPA or other Model or Suppliers Conditions and this Order is placed on the understanding that the Supplier withdraws any such Conditions and effects insurance at its own cost to cover the risks arising therefrom. b)The Company will not agree to pay for time lost through mechanical failure or any event or circumstance outside the control of the Company or for the recovery of any equipment from soft ground etc., if events occur for which the Company is not responsible. c) If the Supplier's crane or plant fails to perform for any reason then any resulting costs or losses, be they direct or consequential will be borne by the Supplier. d) All cranes and plant must be supplied with all relevant certificates and all drivers must have the appropriate licences. e) All cranes and plant must be of the capacity stipulated within this Order. If they are not, any resulting costs to be borne by the Supplier. f) All cranes and plant must be supplied with a selection of slings and shackles suitable for their work. g) All cranes must be supplied with the appropriate timber/mats to position beneath their outriggers.
- EQUIPMENT; The Supplier warrants that all equipment supplied or hired shall have been appropriately tested and shall come with all appropriate test certificates.
- TRANSPORT; a) The Supplier shall be responsible for the protection of loads by suitable weatherproof covering during loading and transit. b) The Supplier shall be responsible for the securing of loads and shall guarantee to provide and fix suitable securing devices. c) The Suppler must advise drivers they are transporting valuable goods and machinery and therefore must drive in a professional manner at all times. d) The Supplier shall be responsible for ensuring the consignment arrives at its destination in good Condition and at the agreed time. e) All transport shall be supplied with blankets and webs and protective covers.
- In cases which include the hire of scaffolding or similar access equipment the Supplier shall be responsible for the prevention of accidents and shall supply temporary supports, safety rails etc. Condition 9 a) shall apply. Suppliers of such structures shall ensure that they are suitably designed, erected and tied in to the most suitable nearby structure to accommodate the weights and dimensions of any machinery or equipment being lifted onto or from the platform.
- HIRE OF GOODS; a) The correct quantities of items specified must be delivered and a receipt must be signed by the Company or its agent. b) Upon completion of the agreed hire period all goods to be collected by the Supplier. Any shortfall must be notified to the Company within 48 hours of collection. No further hire charges will be accepted if this action is not taken.
- GENERAL. a)Time is of the essence to this contract, the Supplier indemnifies the Company against any claims or costs resulting from late delivery or damaged goods. b)Our payment terms are 60 days from date of invoice. c)This order will be deemed to have been received 48 hours after posting, or for facsimile orders at the time of transmission. d)These terms and conditions take precedent over all other terms regardless of whether they are the last document received. e)English Law shall apply to any contract of which this order is a part.