TERMS & CONDITIONS

 

“Burvills” means Burvills Limited

“Buyer” means the person identified in the Estimate or named on the Order or any representative or contractor of the Buyer

“Estimate” is the estimate attached and given by Burvills to the Buyer for the Works

“Order” is an acceptance of the Estimate or an order for the Work pursuant to the Estimate by the Buyer

“Others” means any other contractor other than Burvills or its agent(s) or subcontractor(s)

“Work” means the manufacture and supply of goods only, or the manufacture, supply and installation of the goods as identified in the Estimate and to be carried out by Burvills

 

GENERAL

 

1.0 Agreement

These terms and conditions should be read in conjunction with the accompanying Estimate issued by Burvills Limited and these terms and conditions apply to all Work carried out pursuant to any Estimate. Once an Estimate is accepted or an Order is placed for the Works these terms and conditions form part of the contract between the Buyer and Burvills and are binding upon the Buyer and Burvills. Burvills reserves the right to make any alterations to these terms and conditions, required for any individual agreement/contract, prior to commencement of the Works.

1.2 Working Hours

An Estimate is based upon the Works being carried out during normal working hours and Saturdays between 9am to 12pm unless otherwise agreed. Works required to be undertaken outside these hours are subject to an additional payment.

1.3 Estimates

Estimates and recommendations offered by Burvills are given on the basis of our representative’s assessment of the Buyer’s needs, with the needs of the end user/s allowed for where possible. It is the Buyer’s responsibility to ensure that all requirements are included in the Estimate, and if there is any doubt, to contact Burvills to clarify.

1.4 Validity

An Estimate is valid for a period of sixty days unless otherwise specified in the Estimate or at the time of the Order.

1.5 Scope

An Estimate only includes the Work, and any additional work or goods supplied will be an additional cost.

1.6 Site Visits

Any Order placed prior to Burvills undertaking a site visit inspection may incur additional costs.

1.7 Subcontractors

Burvills reserves the right to use approved subcontractors for any part of the Works.

1.8 Jurisdiction

The contract created between the Buyer and Burvills by the acceptance of an Estimate or by placing an Order shall be construed and operated in accordance with the laws of England and Wales.

1.9 Pre-Construction Services

Upon acceptance of an Estimate or placement of an Order, Burvills may commence design, engineering, drawing production, project management, procurement planning, surveys, structural coordination and other pre-construction services. Such services are chargeable once commenced whether or not manufacture, supply or installation proceeds.

1.10 Intellectual Property

All drawings, calculations, designs, specifications, models, schedules, technical information and other intellectual property created by Burvills remain the property of Burvills unless and until all sums due under the contract have been paid in full. For the avoidance of doubt, the payment of cancellation costs or expenses under Clause 7.2 does not transfer ownership or licensing rights of any intellectual property to the Buyer.

1.11 Entire Agreement

The Estimate, Order and these Terms and Conditions constitute the entire agreement between the parties and supersede all prior discussions, correspondence, representations or understandings.

 

DESIGN, APPROVALS & VARIATIONS

 

1A.1 Variations

Any alteration to dimensions, specification, finish, design, installation requirements, programme or scope requested by the Buyer may result in additional charges and/or extension of time. Burvills reserves the right to issue revised quotations where variations materially affect the Works.

1A.2 Drawing Approval & Design Revisions

Drawings submitted by Burvills for approval shall be reviewed by the Buyer within seven days of issue. If no comments are received within seven days, the drawings shall be deemed approved.

The Estimate includes only the design development and drawing revisions reasonably required to complete the Works. Burvills reserves the right to charge for additional design revisions, redesign work, amendments or changes requested by the Buyer after drawings have been issued or approved.

1A.3 Approved Drawings

Once approved, responsibility for dimensions, layout and design assumptions shown on approved drawings transfers to the Buyer.

1A.4 Reliance on Third Party Information

Burvills shall be entitled to rely upon any information, dimensions, drawings, specifications, surveys, calculations or other information supplied by the Buyer, architect, engineer, consultant or other third party. Burvills shall not be responsible for any errors, omissions, inaccuracies or consequences arising from reliance upon such information.

 

GATE AUTOMATION

 

2.0 System Behaviour

For Works comprising gate automation, the Buyer must inform Burvills if the gate automation system is to ‘fail secure’ during a system or mains power failure. Any decision made by Burvills with regard to the failure status of any fail release system is taken in good faith and no responsibility for such a decision can be accepted by Burvills.

2.1–2.6 Site & Structural Conditions

  • No responsibility for unseen circumstances or obstruction can be accepted by Burvills or its subcontractors.
  • It is and shall remain the responsibility of the Buyer to advise Burvills of the whereabouts of any underground or hidden service routes.
  • Any structural alteration recommended or carried out by Burvills is subject to the direct authorisation and approval of the Buyer.
  • Structural engineer or other professional body costs are the sole responsibility of the Buyer.
  • It is essential that gate or gates travel over level ground.
  • It is the responsibility of the Buyer to ensure adequate drainage is in place.

 

WORK REQUIREMENTS

 

3.0 Site Conditions

The Estimate assumes clear, unimpeded access of the area of Work, also any associated area. Pedestrian and vehicular traffic is to be reduced and avoided where possible during the Work. Any delay caused to the Works by the Buyer, the Buyer’s representatives, Others, or due to a lack of site readiness will be charged as an additional cost at Burvills current hourly rates. For the avoidance of doubt, delays arising from circumstances covered under Clause 7.6 shall not incur these hourly charges.

3.2 Site Information

The Buyer must immediately advise Burvills of any special site conditions, access or parking restrictions, training, special clothing requirements (PPE) and any restriction of working due to Trade Union agreements or any other reasons. The Buyer is responsible for any additional costs as a result of any such condition.

3.3–3.12 General Responsibilities

  • Off-site parking costs incurred by Burvills are the responsibility of the Buyer.
  • The provision of suitable power and water supplies to the working area is the responsibility of the Buyer unless otherwise agreed in writing.
  • All building work, such as concreting, ducting, brickwork and final decoration, is to be done by Others unless specifically agreed by Burvills.
  • Only basic back fill or finish will be carried out by Burvills unless specifically agreed in writing.
  • The Buyer is to ensure that adequate protection of the surrounding work area is in place prior to installation.
  • Foliage or vegetation of any sort is and shall remain the responsibility of the Buyer or Others.
  • Any judgement made by Burvills involving the use of existing structures or supports is made in good faith.
  • Any existing items used or re-used by Burvills as part of the Works shall always remain the responsibility of the Buyer.
  • Burvills are not responsible for any inherent problems experienced with by use of timber products.
  • Engineer costs for structural or other calculations are to be met by the Buyer and are not included in the Estimate.

 

ELECTRICAL

 

4.0 Installation

All 220/240V cable runs carried out by Burvills will either be surface fix S.W.A. or PVC conduit protected cables unless specified otherwise. British Standards will be observed.

4.1–4.10 Key Points

  • Earth Leakage Circuit Protection (RCCD) is always recommended.
  • Extra low voltage cable runs will be installed according to each site’s condition.
  • Burvills will use all reasonable endeavours to abide by all official guidelines and laws relevant to the Works.
  • All cable routes, trenching, conduit, ducting or trunking carried out by Burvills will follow a path most suited to the engineer’s requirements.
  • The cost for any re-routing of cable runs will be in addition to the Estimate.
  • All ducting and conduit runs carried out by Others must be of a suitable size and specification.
  • Where cables are provided by Others, it is the Buyer’s responsibility to ensure they are suitable.
  • Burvills is not responsible for cable runs provided by Others.
  • Audio, Video entry CCTV cabling is not included in any Estimate unless specifically stated.
  • It is the Buyer’s responsibility to inform Burvills of any landscape changes that may affect the system.

 

REPAIRS & WARRANTY

 

5.0 Warranty Conditions

  • Any connection or alteration to a Burvills system by Others will automatically void any warranty unless specifically agreed in writing beforehand.
  • Only the actual Work carried out and parts replaced by Burvills carry a warranty.
  • All parts purchased by Burvills and manufactured by others will carry the warranty of said manufacturer.

5.3 Warranty Period

Works including installation carry a 12 month warranty, subject to normal wear and tear. Works involving supply only items carry a 12 month warranty, subject to normal wear and tear.

5.4–5.9 Limitations

  • All existing items used or re-used will remain the responsibility of the Buyer.
  • All repairs carried out by Burvills are done so in good faith.
  • Repairs likely to exceed £750 net will require authorisation before the repairs are carried out, unless agreed otherwise.
  • Burvills is not responsible for any consequential loss caused by faulty goods or installation.
  • Burvills shall not be liable for any indirect or consequential loss, loss of profit, loss of revenue, loss of business opportunity or loss of anticipated savings.
  • Burvills’ total liability arising under or in connection with the contract shall not exceed the contract value.

 

PAYMENT & OWNERSHIP

 

6.1 Ownership

All goods or the Works remain the property of Burvills until paid for in full. Only once the agreed payment for any goods or Works is received by Burvills will title in ownership of the said goods or Works pass to the Buyer. Burvills reserve the right to remove all or any goods from site, at any time without notice, if not paid for in full.

6.2 Risk

During the installation or period of Works, all parts installed or left on site are the responsibility of the Buyer against risk of loss, theft, or damage.

6.3 Payment Terms

  • 50% deposit to be paid when Order is placed
  • 40% on commencement of Work
  • 10% balance to be paid in full upon completion with no retention monies, unless specified otherwise in the Estimate or Order

6.3A–6.9 Additional Terms

  • Failure to make any stage payment when due shall entitle Burvills to suspend all further work until payment has been received in cleared funds.
  • Any delay resulting from such suspension shall extend the contract programme accordingly.
  • The full amount of monies is due upon completion of the Works, even if commissioning is held up by circumstances beyond Burvills’ control.
  • Additional site visits to commission Work may be chargeable.
  • Any costs incurred by Burvills for aborted site visits or installation are to be met by the Buyer.
  • Interest at an annual rate of 8% will be added to any outstanding monies/account not settled within 30 days of the date of invoice.
  • Burvills may immediately suspend any part of the Works where any payment is overdue or where Burvills reasonably believes payment may be at risk.
  • Burvills may use photographs of the Work or installations for marketing purposes unless requested not to do so by the Buyer in writing.

 

CANCELLATION & DELAY

 

7.0 Cancellation

All Orders placed and subsequently cancelled by the Buyer must be advised in writing to Burvills at its Head Office.

7.1–7.5 Charges & Delays

  • Any Order placed and cancelled by a Buyer will carry a cancellation charge of not less than £80 plus VAT unless otherwise agreed in writing.
  • Where an Order is cancelled after Burvills has commenced any design, engineering, procurement, project management, manufacture, fabrication or installation activities, the Buyer shall be liable for all costs, commitments, liabilities and expenses incurred by Burvills.
  • Deposits are paid to secure production capacity, project resources and commencement of works and are non-refundable except to the extent that they exceed Burvills’ losses, costs and liabilities arising from cancellation.
  • Should there be a site delay preventing commencement of installation, Burvills shall be entitled to invoice the Buyer for all costs incurred, goods procured, works completed and commitments entered into as a result of the delay.
  • In the event of an extended delay, 30 days plus and not caused by Burvills, Burvills reserves the right to levy a storage charge of 5% per month of the sale only value of the said goods.
  • Burvills reserves the right to be allowed an extension of time should inclement weather, or other condition beyond the direct control of Burvills, prevent access to the site or delay the Works.

7.6 Circumstances Beyond Burvills’ Control

Burvills shall not be liable for delay or failure to perform resulting from circumstances beyond its reasonable control including material shortages, supplier failure, transport disruption, labour shortages, industrial action, utility failure, severe weather, government action or any similar event.

 

NOTICES

 

8.0 Communication

Any notices required to be sent or given under these terms and conditions shall be addressed to the Buyer and the address on the Estimate or Order and to Burvills at its Head office.