Following are the up to date terms and conditions of contract for S. R. McHugh Limited.
A .pdf copy can be downloaded here.
1. Definitions
In these conditions:-
“the Company” means S R McHugh Limited whose principal place of business is at 129 Crossbrook Street, Cheshunt, Herts EN8 8LY.
“the Client” means the person, firm or company to whom this acknowledgement of engagement is addressed.
“the Service” means the provision by the Company to the Client of the operative(s) specified overleaf.
“the Contract date” means the date of this acknowledgement of engagement.
2. Formation of the Contract
These conditions shall form the basis of the contract between the Company and the Client. Notwithstanding anything to the contrary in the Client’s standard booking conditions, these conditions shall apply except so far as expressly agreed in writing by a director of the Company. Any increase or decrease in the number or description of operative(s) supplied by the Company to the Client shall not affect any of the other terms of this contract.
No servant or agent of the Company has power to vary these conditions orally, or to make representations or promises about the quality of the operative(s), their fitness to perform any given task/function or any other matter whatsoever.
Unless otherwise expressly stated in writing, all quotations and estimates by the Company are invitations treat. The Client’s request of engagement is an offer, which offer will be accepted by the Company supplying this acknowledgement of engagement.
The acceptance onto site of the Company’s operative(s) by the Client shall constitute acceptance by the Client of these conditions.
The company will provide the Service to the Client at the request of any representative of the Client unless otherwise instructed in writing by the Client.
The construction, validity and performance of these conditions and this engagement shall be governed by English Law.
These general conditions shall be subject to such further special conditions as may be prescribed by the Company or as may appear overleaf.
In the event of any conflict, or apparent conflict, between the special conditions and these general conditions, the special conditions shall apply.
These conditions supersede all previous trading terms issued by the Company.
All notices to be served under this contract shall be served by first class or pre-paid post or facsimile message at the registered office or principal trading address of the intended recipient. Notices shall be deemed served when they would ordinarily have been received in normal business hours according to the means of transmission of such notices.
3. Cancellation
Subject to sub-clause 3.2.1 – 3.2.3 below, where the booking is not for a fixed period, the Client may terminate the booking by giving no less than 1 week’s prior notice of termination.
Should any operative prove unsatisfactory, no fee will be charged by the Company in respect of such operative, provided that:-
3.2.1 the Company is notified within 4 hours of the operative arriving on site:
3.2.2 such notification is confirmed in writing, and received by the Company within 7 days thereafter: and
3.2.3 the operative is asked to leave the site within such 4 hour period.
In the absence of such notifications, the full fee in respect of any such operative will be payable.
4. Price
Rates quoted are exclusive of VAT, which will be added to all invoices at the rate applying at the appropriate tax point and are also exclusive of the CITB levy, which shall be accounted for directly by the Client to the CITB.
In the case of engagements for unspecified periods, rates quoted overleaf may be subject to review on one month’s prior notice.
In the case of engagements for fixed periods, rates quoted overleaf are fixed until the end of September following the Contract Date and subject to further review annually with effect from the 1st of October in every year.
Rates quoted overleaf are basic rates, which are applicable to hours worked by operatives on weekdays between 8.00am and 5.30pm.
4.4.1 Rates applicable to hours worked outside 8.00am to 5.30pm on weekdays will be charged at 1.75 times the hourly rate specified overleaf, unless specified to the contrary overleaf.
4.4.2 Unless specified to the contrary overleaf, operatives are supplied on the basis of not less than nine chargeable hours per day and invoices will be prepared on this basis irrespective of the number of hours actually worked on any given day.
4.5 In the event that an operative carries out a job function other than that booked, the hourly rate payable in respect of that operative will be the higher of that applicable to the job function carried out.
4.6 If the Client shall become bankrupt or insolvent, or have a receiving order or administration order made against it, or compound with its creditors, or being a company, commence to be wound up, not being a members voluntary winding up for the purpose of reconstruction or amalgamation, or carry on its business under a receiver for the benefit of its creditors or any of them, or if the Company has bona fide doubts as to the solvency of the Client, or if the Client fails to pay invoices payable under this contract within the contractual credit period, all sums payable to the Company by the Client in respective of the provision of the Service or otherwise shall become due and payable forthwith without requirement for any notice to be given and the Company shall be released from its obligation to continue to provide the Service save on terms acceptable to the Company.
4.7 In the event that within the period of 2 months following an operative ceasing to be supplied by the Company to the Client, such operative is engaged (whether on a PAYE or consultancy basis) directly by the client, by any company or business associated with the Client or any company or business to whom the operative was introduced by the Client, the Client shall be liable to pay an introduction fee equivalent 25 days’ fees (225 hours) at the last applicable hourly rate for such operative charged by the Company to the Client. Such fee will be payable forthwith upon the engagement of such operative.
5. Payment
Invoices will rendered during the week following that in which the Service is provided and invoices are payable 14 days following the date of invoice, save where other credit terms appear overleaf, save that the provision of credit facilities is subject to sub clause 4.6 above.
The Company will charge interest at 8% per annum above the base rate from time to time in force of AIB Group (UK) plc compounded monthly on all overdue invoices from the date of the invoice to the date of payment of the invoice.
All legal costs and expenses reasonably incurred by the Company in seeking to collect overdue invoices from the Client or otherwise to enforce its rights under this contract will be recoverable from the Client on an indemnity basis.
The Client shall not be entitled to withhold payment of any amount payable under this engagement by reason of any dispute or claim by the Client or by the way of deduction or retention, including but not limited to the CITB levy.
The Client shall not be entitled to set off against any amount payable under this engagement any amount due by the Company to the Client under any other agreement.
Without prejudice to any other rights of the Company, if the Client shall fail to make punctual payments of any sum under any contract between the Company and the Client, the Company may, at its option, either withhold the provision of the Service until the total indebtedness of the Client to the Company has been discharged, or cancel this engagement.
6. Delivery and quality of the Service.
The Company shall be responsible for the payment of wages, PAYE income tax and National Insurance Contributions payable in respect of operatives.
Bookings are taken in good faith, but the arrival of the operative(s) at the Clients site cannot be guaranteed. No liability will be accepted by the Company for any loss whatsoever suffered or caused through delays in the provision of the Service.
Whilst every effort is made by the Company to ensure the suitability of operatives and that they match the Client’s requirements, the Company does not warrant the suitability, the skill or the experience of operatives, save for any loss, expense, damage or delay arising from the unsuitability, incompetence, negligence, dishonesty or misconduct of any operative.
All warranties or other terms implied by statute or otherwise shall not apply to this engagement, including but not limited to those implied by the Supply of Goods and Services Act 1982 and the Consumer Protection Act 1987.
The Company shall not be liable for any consequential or indirect loss suffered by the Client or any third party in relation to this engagement and the Client shall indemnify the Company in respect of any claim of any person in respect of such consequential or indirect loss.
The entire liability of the Company under this engagement shall not in any event exceed the contract price of this engagement, save in respect of the Company’s liability for death or personal injury resulting from negligence.
7. Force majeure and waiver.
The Company shall not be liable for any failure to provide the Service arising from circumstances outside its control, including but not limited to lock-outs, fire, accidents or adverse weather conditions.
The failure by a party to enforce in any instance the performance of any provision of this engagement shall not be construed as a waiver of that party’s rights to future performance of such or any other provision.
8. Time sheets.
The Client undertakes to procure that completed time sheets as presented each week on behalf of the Company are verified and signed.
Unless specific signatories of the time sheets are notified to the Company in advance in writing, the person signing the time sheets on the Client’s behalf shall be deemed duly authorised to do so.
Signature of a time sheet shall constitute a binding acceptance that the relevant operative has worked the hours recorded by the time sheet and that the service has been satisfactorily provided.
If the Client refuses, other than for good and proper reasons, to procure the signature of any time sheet, the Company shall nevertheless be entitled to invoice the Client in respect of the Service.
9. Client undertakings and warranties
9.1 All operatives provided by the Company are supplied under contracts for services and are deemed to be under the exclusive direction and control of the Client throughout the period during which the service is provided. Accordingly the Client hereby assumes responsibility for all acts, errors and omissions of operatives and the safety of operatives as if the operatives were the employees of the Client (save in the matters dealt with in clause 6 above).
9.2 The Client undertakes to supervise effectively the operative(s) supplied to it.
9.3 The Client hereby warrants that it has a current insurance policy covering all usual insurable risks in relation to the running of a site, including but not limited to insurances covering public liability, employers liability, accidents at work and claims which may be made against the Company in relation to the Service.
9.4 Where any operative is required to drive any vehicle subject to the Road Traffic Acts (from time to time in force) or to operate any mechanical equipment or vehicle requiring qualification, certification or any other form of authority by whomsoever imposed (“Appropriate Qualification”, the Client shall:-
9.4.1 ensure that any vehicle so driven or equipment so operated complies in all respects with all applicable legislation and is fully insured and
9.4.2 save where the Appropriate Qualification is warranted overleaf, satisfy itself that the operative has the Appropriate Qualification to drive any such vehicle or to operate any such equipment.
9.5 The Client hereby agrees to indemnify the Company against all losses, claims and liabilities that may be incurred by the Company by reason of the failure by the Client to fulfil all or any of the undertakings or warranties contained in these conditions.
10. Permanent Personnel
10.1 The fee payable by the Client for the introduction of permanent personnel subsequently engaged (whether on a PAYE or consultancy basis) by the Client, by any company or business associated with the Client or by any company or business to whom the personnel was introduced by the Client within 6 months of the date upon which the introduction was effected is 20% of the annual remuneration payable to the individual introduced, such remuneration to be uplifted by 10% if the individual is provided with a motor car or the use of a motor car.
10.2 Unless other payment terms are set out overleaf, invoices for the provision of permanent personnel will be rendered forthwith upon the engagement being agreed and invoices are payable 7 days following the date of the invoice.
10.3 In the event that the engagement of the individual by the client comes to an end during the 60 day period commencing on the date of engagement of the individual (“the Guarantee Period”). provided that the fee has been paid in accordance with the payment terms set out in sub-clause 10.2 above, the Company will provide a replacement individual to the Client. No fee will be payable in respect of such replacement individual.
10.4 If the employment of the individual by the Client comes to an end within the Guarantee Period and the Company does not offer a replacement in accordance with sub-clause 10.3 above, the Company will refund the entire fee payable in respect of such individual, provided that the fee has been paid in accordance with the payment terms set out in sub-clause 10.3 above.
