Terms & Conditions

  • Definitions:
    • “M&P” means M&P Technical Services Limited and where the context admits includes any servant or agent of M&P.
    • “Variation” means the alteration or modification of the design, scope or quality of the Works as described in the quotation.
    • “Works” means the execution and completion of the Works described in the quotation.
    • “Client” means the person or organization to whom the quotation is addressed.
    • “Contract” means the contractual rights and obligations of M&P’s and the Client as set out in this Contract including all documents referenced therein.
  • The quotation is net of all discounts.
  • The quotation, rates, etc. are exclusive of VAT.
  • M&P cannot accept responsibility for delays caused by manufacturers, suppliers, sub-contractors industrial disputes, breakdowns of any relevant plant, or any other matter outside M&P’s control.
  • The Client shall allow M&P an extension of time to the programed dates as a result of Clauses 4, 8, 11, 12 and 13.
  • M&P carries the compulsory employer’s liability insurance, but cannot accept responsibility for any negligence, whatsoever, or damage to actual plant or building contents by M&P provided however that nothing herein shall be deemed to limit or exclude the liability of M&P where such liability cannot legally be limited or excluded. Therefore, that insurance for any such damage will be covered by you the Client or another party.
  • Terms of payment will be as follows:
    • Interim invoices will be submitted at the end of each calendar month.
    • A final invoice will be submitted on completion of the works.
    • The invoice date shall be the Due Date.
    • The Final Date for payment shall be not more than 14 days from the Due Date.
    • Invoices shall not be subject to retention.
    • Invoices shall be subject to VAT at the prevailing rate.
    • The Client shall not be entitled to set-off or withhold against any sums otherwise due to M&P’s but shall pay such sums in full.
  • In the event of failure to make payment in full before the Final Date for Payment Then M&P’s may give written notice of its M&P’s intention to suspend performance and if such failure continues for a further 7 days after giving notice then M&P’s may suspend its performance of its obligations under the Contract or Purchase Order. Any such suspension by M&P’s shall be deemed to have arisen by reason of an act of prevention by the Client.
  • M&P reserves the right to charge interest at 8% over current bank base rate on overdue accounts.
  • M&P cannot accept responsibility for infringement of manufacturer’s warranties whilst properly undertaking the Works in accordance with Client’s instructions.
  • Whilst every care is taken in the preparation and execution of the Works, M&P cannot accept responsibility for any costs, howsoever incurred as a result of superseded, incorrect or outdated information provided by the Client.
  • Variations and instructions will only be accepted if issued in writing. If not issued in writing M&P will confirm the verbal instruction in writing.
  • The following, whilst not an exhaustive list, shall be considered as Variations to the scope of works entitling M&P to additional time and money suffered or incurred as a result:
    • Lost time due to access to the work and information to continue the works
    • Changes to the programme of Works
    • Written instructions from the Client
    • Any act of prevention by or on the part of the Client his sub-contractors or servants
  • Whilst every care is taken in the preparation and execution of the Works, M&P cannot accept responsibility for any costs, howsoever incurred as a result of superseded, incorrect or outdated information provided by the Client.
  • Variations shall be charged on a Day work basis unless a price is agreed in advance of carrying out the said Variation. Such work undertaken between 17:00 to 23:00 Monday to Friday being charged at standard rates plus 50% and Saturday, Sundays and Bank Holidays at standard rates plus 100%.
  • M&P reserves the right to sub-contract the fulfillment of any order (including installation) or any part thereof.
  • Full legal ownership in any goods and any materials supplied as part of the Works shall remain vested in M&P until payment in full is made to M&P.
  • If M&P are prevented from proceeding with the Works due to reasons beyond M&P’s control or the Client fails to make payment in accordance with clause 7 or the Client is in substantial breach of any other term of this Contract and this continues for ten days following notice of such breach, then M&P may determine their employment forthwith by further notice.
  • In the event that a dispute arises under this Contract or Purchase Order either party may refer the dispute to court for resolution. Each party shall bear its own costs of the reference to the court of the dispute. Unless failure of payment by the client in which M&P can pursue via the courts and claim legal expenses and late payment costs.
  • The Client may not assign or transfer any of the benefits or obligations under this Contract.
  • In the event of conflict between this Contract or Purchase Order and any other conditions then the terms of this Contract shall take precedence.
  • This Contract shall be construed in accordance with English law and the English courts shall have jurisdiction.
  • The Client shall indemnify M&P in respect of all damage or injury to any person or to any property (including M&P’s works) and against all actions, suits, claims, demands, costs, charges and expenses arising in connection with the Works caused by:
    • The negligence and or wilful misconduct on the part of the Client his sub-contractors or servants while M&P’s is on premises under the control of the Client for any purpose connected with the Works or
    • Defective design (other than a design made, furnished or specified by M&P’s which has not been approved by or on behalf of the Client), incorrect information, defective materials or defective workmanship other than that undertaken or supplied by M&P.
  • Notwithstanding any other provision of this Contract or Purchase Order the Client shall at its own cost take out and maintain throughout the performance of its obligations here under with a reputable insurance company based in the UK a policy of insurance in respect of its liability under clause 28.
  • If the Client is a contractor it shall ensure that in respect of loss or damage to the Works or relevant section, work executed and site materials a contractor’s all-risks insurance policy on industry standard terms shall be in place and maintained for the duration of the works. Such policy shall provide for recognition of M&P’s as an insured under the policy or include a waiver by the relevant insurers of any right of subrogation which they may have against M&P’s l and this recognition or waiver shall continue up to and including the date of issue of any certificate or other document which states that in relation to the works, M&P’s works are practically complete or, if earlier, the date of termination of M&P’s employment.
  • The total liability of M&P arising out of the Contract including, without limitation, obligations in connection with the design, manufacture, sale, delivery, installation or use of the Works, whether based on contract, warranty, tort (including negligence), strict liability or otherwise, shall not exceed in the aggregate the amounts paid to M&P under the Contract, provided, however, that nothing herein shall be deemed to limit or exclude the liability of M&P’s where such liability cannot legally be limited or excluded. This limitation of liability shall prevail over any conflicting or inconsistent provisions contained in any document comprising or incorporated into the Contract.
  • A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) ACT 1999 or otherwise to enforce any right or remedy under this Contract.

Particular Terms & Conditions

  • The enclosed Tender has been ‘Taken Off’ within a neutral grounding using the prepared Specification and Drawings as supplied.
  • Accuracy of the ‘Take Off’ is subject to the condition and quality of the prepared Specification and Drawings as supplied. Copied, reduced Drawings are deemed inappropriate. Estimates prepared from reduced Drawings will be seen as assessments and clients will agree the calculated conclusions before submission takes place. M&P Technical Services Ltd has to make any monetary “Allowances” to form a compliant tender – The client is to review before tender submitter.
  • Upon accepting this Estimate, appropriate checks should be carried out before submission to the customer to verify satisfaction of inclusions or exclusions.
  • This Estimate has been returned without conducting a Survey of the premises or carrying out a Site Visit. Contrary to ‘Notes’ on many Tender Drawings, scaled measurements have been used in this instance to evaluate contents.
  • M&P Technical Services Ltd will not be held responsible for inaccuracies once the Tender has been agreed and presented to the end user. This does not mean that errors will not be amended once the mistake has been detected. Notwithstanding human error by way of misinterpretation, typing errors and/or incorrect ‘copying over’, the estimate cannot be guaranteed to be 100% correct, remaining subject to approval by the person responsible for the submission.
  • Preferential Discounts are suggested only. It is advisable to indicate realistic personal Wholesalers Discounts at an early stage, in order for these to be included as required, during the Estimate Build Up.
  • Wholesalers are not restricted. A list of Wholesalers to ‘deal with’ should be forwarded as soon as possible during the Tender period; likewise, Traders to be avoided should be indicated.
  • M&P Technical Services Ltd is Primarily Employed for Estimating purposes. Engaging in Design will only be subject to the practical aspects of the general knowledge of Mechanical & Electrical Installation work, aiming towards a reasonably true ‘End Result Pricing Evaluation’. Full Design aspects are outside our scope of works.
  • To the best of our knowledge, prices were correct at the time of printing. Prices of materials are taken from reliable sources. Wholesalers advice. Wherever possible the Wholesalers prices are backed up by quotations. All quotations accompanying this Estimate should be checked for duration of validity.
  • Enclosed Estimate was priced using the Ensign Data Systems Software. Wholesalers as listed, Specified Manufacturers, and Nominated or Non-Nominated Sub Contractors. M&P Technical Services Ltd discount structure is suggestive only. If the client would like us to apply preferential terms these will need to submitted to M&P at the same date as order.
  • This document is an ‘Estimated Calculation’ of the project in question. The final decision of submitting the “Tender Summary” as a quotation to the client rests with the recipient of this document, which has been prepared without prejudice.
  • The final ‘Selling Price’ or Estimated Value is by no means final. The fixed commercial decision to submit the Estimate with or without adjustment is dependent upon the selected tenderer.
  • Any Report accompanying this presentation is a guide only and should not be considered as the final material listing or the most economical purchasing procedure.
  • Additional works in supplement to the original Tender after the submission date, such as amendments, additions, omissions etc., can be attended to, at normal hourly rates. Further to ‘Tender Submissions’ M&P Technical Services Ltd can and will assist with Contractors Variations leading up to Final Accounting at normal hourly rates.
  • Unless otherwise agreed in writing payment is due without deduction in accordance with our agreed payment terms indicated on the invoice and or in accordance with clause 7d.
  • It is usual that a set of “Qualifications” or “Clarifications” accompany all Tenders submitted by M&P Technical Services Ltd to their Client, Highlighting or Outlining unusual directions or specific details that may cause problems during the course of the Contract. It is highly recommended that a copy of the “Qualifications” or “Clarifications “be attached to the final submission as a matter of precaution.
  • All Estimates provided by “M&P Technical Services Ltd” are logged and retained ‘In-House’ for 12 months. A file/document containing the build-up, quotations and all correspondence relating to the completed estimate will be forwarded to the client for his perusal, inspection and agreement. Upon receipt of the file, having carried out the above-suggested directives, should the client recognize inclusions that may be deemed unnecessary, the questionable articles should be discussed where upon allowances will be made for, in ensuing works. On the contrary the same would apply to miscellaneous items that the client wishes to be continuously added to calculations.
  • M&P Technical Services Ltd will not take the responsibility of calculating Labour Rates, Traveling Expenses, Fuel Costs, Lodging Allowances, Parking or Congestion Charges. At the Tender Finalization Stage, Net Costs will be submitted to the client who will then state the Selling Labour Rate he proposes, with the various Mark-Up percentages he wishes to apply. Supplementary costs including items listed above, should be listed separately within the Prelims, or calculated and included in an inflated Labour Rate.
  • IT, Telephones. IRS/TV and Security Systems require specific detailed line Diagrams/Drawings and/or preferred specialist suppliers/installers, for pricing to be included within the Estimates. Systems that are required to be priced lacking detailed information will be presented in Budget form.
  • The Location Map is for reference only. M&P Technical Services Ltd do not accept any responsibility if details of location are incorrect Items listed within the “Preliminaries and Testing & Commissioning” Sections are suggestive only. The company submitting the tender should view the costs listed in the ‘Preliminary Section’, then amend the pricing to suit. Eject items that might be considered covered by the Labour Rates and Mark-Up percentages applied, or delete the Preliminaries Section in its entirety.
  • M&P Technical Services Ltd is primarily employed for estimating purposes. Design intent is preliminary for tendering purposes only, and is not finite. The client is to review the initial design concept before submitter.
  • All documents and information remain property of M&P Technical Services Ltd until invoice is paid in full.
  • Upon submission of completed estimate, it is the client’s responsibility to undertake appropriate adjudication to verify satisfaction of tender figures and clarification notes.
  • Where every effort is made to check supplier / Sub-contractor quotations for compliance – M&P Technical Services Ltd is not responsible mistake made by third parties.
  • Allowances for Prelims, Design cost, Testing and Commissioning, are generally guide figures (unless quotations obtained) for our client to review and advise or alter for final submission.
  • The client is to provide M&P Technical Services Ltd with supply chain of sub-contractors, Suppliers and merchant / Wholesalers. If a list is not provided M&P Technical Services Ltd will not be held responsible of non-compliant tenders due to prices that could not be obtained.
  • M&P Technical Services Ltd will apply OH&P, Labour Rates, Prelims and Design (if required) cost are Advised. The client should review and alter to suite their individual requirements.
  • All Estimates / Tender documents provided by M&P Technical Services Limited are logged and hard copies are retained in house for 6 months. Soft copies will be held for 1 year. Unless instructed otherwise by client in writing
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