Terms & Conditions
The Customer: The person or company whose name and address is shown in the Quotation.
The Quotation: The Quotation letter supplied with these conditions of contract.
The Quotation Date: The Date of issue of the Quotation
The Works: The Works AWH Utility Services Limited will carry out as detailed in the Quotation.
The Agreement: These conditions of contract and the Quotation.
The Agreement Date: The date of acceptance of the Quotation.
The Agreed Contract Price: The total price payable to AWH Utility Services Limited for the Works as shown in the Quotation.
The Equipment: The Equipment or apparatus AWH Utility Services Limited will supply as detailed in the Quotation.
Gas supplier: The energy supplier nominated by The Customer
Adopting Network Owner: Owner of the Network being installed by AWH Utility Services Limited as part of The Works
Project Completion: Completion of The Works
The PGT: The Parent Gas Transporter onto which the mains and/or services outlined in The Works are connected to.
Unless specifically stated in the quotation letter the following terms and conditions apply.
- The Quotation remains open for acceptance in writing for 90 calendar days from the Quotation Date. AWH Works on site will commence within 6 months of quotation acceptance and project completion will be within 12 months of Works start date. AWH reserves the right to amend or withdraw the Quotation at any time prior to the Customer accepting it.
- Where service and meters are required, The Customer shall provide AWH with full postal addresses and chosen Gas supplier on acceptance of The Quotation. Failure to do this may result in delays in the installation of gas services and meters.
- The Customer will provide AWH with all the facilities reasonably necessary to enable it to complete The Works in the most economical manner. Including the coordination of the AWH Works with other contractors and on site personnel to ensure the health and safety of construction workers and others who maybe affected by the work. This includes the provision of shared basic welfare facilities.
- Where any changes to The Works are required, AWH shall notify the customer of any additional costs through a variation proposal. Works will continue upon acceptance and payment of variation to contract
- The Customer will provide and install ducts for on-site road crossings and for service pipes or pipe entry. The Customer will provide and install service ducts from the back of footpath to the premises and agree service terminations in a position acceptable to AWH and the chosen gas supplier and adopting network owner.
- The Quotation assumes all plant and equipment will be placed in public highway or land owned or controlled by the Customer.
- The Quotation is subject to the Customer obtaining all necessary way leaves or easement consents required for carrying out The Works on both The Customers Land, Land controlled by the Customer and any third party land affected by The Works. The Customer will pay the full cost of obtaining any necessary way leaves and/or consents from third parties (including way leave damage claims) in addition to the Agreed Contract Price. The Customer will grant any way leaves or easements on land owned or controlled by them free of charge.
- AWH will not undertake any work on land where way leave or easement consents cannot be proved. The late application for required way leaves and easements are likely to have a significant impact on the timing, cost and delivery of The Works.
- Should the provision of way leave or easement consents have a significant impact on the overall cost, the Customer shall be entitled to terminate the contract upon written notice to AWH. In the event of termination the Customer shall pay AWH’s reasonable charges for the work done or committed and materials purchased prior to receipt by AWH of the termination letter.
- The customer is to ensure that all existing mains and services on site are disconnected and cut back to the site boundary.
- This Quotation is based on the understanding that the Works will not be undertaken on contaminated land. Where contaminated land is found by or advised to AWH additional charges will be rendered to the Customer.
- At no cost to AWH the Customer will be responsible for carrying out, to a satisfactory standard specified by AWH, all on site trenching, backfill and reinstatement for gas mains and services. The Customer will expose the gas main at the service connection point and provide a 600mm x 600mm excavation below the external meter cabinet where the service duct terminates.
- The Customer will carry out the site work specified in the Site Information & Customer Requirements document and will also be responsible for all building costs associated with the supply intake, and meter cabinets.
- The Customer will provide meter reading facilities, in a position acceptable to AWH. Where this is achieved by installing standard external meter cabinets, AWH will provide these at no charge to the Customer. Where a Customer is unable to provide external meter reading facilities, additional charges will be made.
- It is assumed that AWH will carry out all Works during normal working hours which are Monday to Friday inclusive 08:30 to 16:30 excluding public holidays. There will be an additional charge for any overtime working at the Customer’s request.
- AWH will undertake all offsite excavation back-fill and reinstatement and traffic management including the removal of offsite spoil. The offer assumes standard ground conditions and therefore excludes the cost of excavations in rock, breaking up large concrete or brick obstructions or disposal of contaminated materials.
- Costs do not take into account or include for unidentified specialist works e.g. bridge crossings
- Offsite works may be affected by the enforceable aspects of the traffic Management Act 2004 with respect to lead in time periods, lane rental and working times. No allowance has been made for road closures/lane rental or outside normal hours working and if requested by the Local Authority/ Traffic Management Companies (e.g. Transport for London)/The Customer/The police additional costs and extended lead times will apply
- The Quotation is based on material and labour costs prevailing at the Agreement Date. AWH shall have the right to vary the Agreed Contract Price in accordance with any variations in the material or labour costs subsequent to the Agreement Date upon submitting written details of the additional cost to the Customer.
- AWH requires full payment 28 days prior to commencement of the Works. All other arrangements will be subject to status.
- AWH shall have no liability to the Customer for any loss of profit, revenue, business, savings, (anticipated or otherwise) or any other form of economic loss (whether or not occurring in connection with physical damage) resulting from or arising out of any construction issues or installation of The Works.
- The Customer acknowledges and confirms that it does not enter into the Agreement in reliance on any oral representation, warranty or undertaking not fully reflected in the terms of the Agreement and that no amendment, modification or substitution to the Agreement shall be effective unless executed in writing by both parties. In relation to The Works the contract represents the entire agreement and supersedes any previous correspondence or any verbal agreement with any member of AWH or its’ agents.
- The Customer agrees to undertake delivery on site and provide safe storage for The Equipment until such time as it is installed and operational as part of the Works.
- The Equipment shall remain the property of AWH. The Customer shall protect the Equipment from any damage or interference between delivery to the site and completion of the Works and shall indemnify AWH for any loss or damage to the Equipment during such period.
- The Quotation is net of all Allowances due and based on information provided by The Customer for the energy capacity requirements agreed for the development. Should the energy capacity be reduced (e.g. smaller or a lower number of properties requiring energy be constructed) or increased, the Allowances may be recalculated to reflect the new required energy capacity and the Customer will refund any over-payment due to AWH on demand.
- Should work on site not commence within 6 months of acceptance of the quotation and /or completion of the work exceed 12 months from work start date AWH reserve the right to requote for the whole work or the outstanding work in line with current pricing schedules.
- The Quotation includes the cost of connection to the upstream PGT’s network. This is based on standard pressures and costs provided by the PGT at the time of application. In some circumstances these pressures or costs may not be available or may be revised and reinforcement by the PGT or AWH to ensure security of supply may be required. Should this be the case AWH reserve the right to adjust the price and program accordingly. Where these extra costs are incurred AWH will operate an open book policy with The Customer. It should be noted that this risk exists irrespective of who constructs the network.