Terms & Conditions

1. Definitions and Interpretation
1.1. “IDB” means Ivett Design & Build Limited

1.2. “Customer”, “Other” and “Client” means the person, firm, company or other organisation purchasing the goods, services and/or hiring the Equipment from IDB. In Section 9.0, reference to “Customer” indicates the appointment of specialist to complete element of works.
1.3. In this and any related document “Charges” means IDB’s current Equipment charges from for the sale of goods, services and hire of equipment as the case may be.

1.4. “Contract” means a contract made between IDB and the Customer for the hire of equipment and accessories (“Equipment”) or for the sale of goods/products (“Goods”) detailed in the contract and which incorporates these conditions.
1.5. “Deposit” means any advance payment required by IDB in relation to payment of Goods prior to the commencement of works.
1.6. Words implying one gender include all genders and words implying the singular include the plural and vice versa.
1.7. These conditions are the sole conditions governing the sale of Goods by IDB andsupersede and replace prior terms; all other terms, conditions and representations areexcluded from contracts between IDB and the Customer.
1.8. Any condition, which may be held to be invalid by a competent authority, will notaffect other conditions.

1.9. “Hire Period” means the period beginning on the day the Customer holds the Equipment on hire (including Saturdays, Sundays and Bank Holidays) and ending when the Customer returns the Equipment to IDB or when IDB collects or repossesses the Equipment.

1.10. “Off Hire” referring to Equipment means Equipment in respect of which Charges have been suspended while such Equipment remains in the Customer’s possession. 

2. General
2.1. These conditions do not affect any of the Customer’s statutory rights where the Customer is a person dealing as a consumer.
2.2. The Customer is liable for the acts and/or omissions of his employees, agentsand/or sub-contractors as if they were his own acts or omissions under the Contract.
2.3. IDB’s employees are not authorised to make any representations concerning any Services, Equipment or Goods unless confirmed in writing and any advice given by IDB
regarding storage or use of Equipment and/or Goods which is not confirmed in writing isacted upon solely at the Customer’s own risk.
2.4. The Customer must obtain and comply with all local permissions, consents and licences required for the project under any statute or other regulation.
2.5. Our Quotation is valid for a period of 30 days from the specifi ed date of issue.
2.6. Our offer makes no allowance for retentions, Main Contractor Discounts (MCDs), Liquidated and Ascertained Damages (LADs) or other forms of time penalty.

3. Deposits and Mobilisation.
3.1. Deposits are set by IDB at amounts reasonably required for the purchase of materials and services required prior to the commencement of works.
3.2. Payment schedule to be agreed prior to the commencement of works. Pro-forma payment is required 7 days prior to initial delivery of goods. If payments are delayed, Work will not progress until the accounts are settled. IDB cannot be held responsible for delays caused by late payments.

4. Payment
4.1.All charges are unless otherwise stated exclusive of any applicable VAT.
4.2. Prompt payment of Charges shall be of the essence. Payment will not be deemed to have been made until IDB has received cash or cleared funds in respect of the total amount outstanding.
4.3. The Customer shall pay all sums due under the Contract without any set-off, deduction, counter claim and/or any other withholding of monies.
4.4. The Customer must notify IDB in writing of any queries concerning invoiceswithin 5 working days of the invoice issue date. IDB will not grant an extension to payment for unresolved invoice queries that have been notified after 5 working days has elapsed from the invoice issue date.
4.5. Without prejudice to any of IDB’s other rights, if the Customer fails to make payment in full on the due date IDB may charge the Customer interest (both before and after judgment) on the amount unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debt Regulations 2002 and may suspend further services to the Customer.
4.6. Payment schedule is to be agreed prior to commencement of works with final payment made following sign-off from structural engineer or building control. We are unable to accept retention on any contract.
4.7. Payment of fees can be made by way of bank transfer, cheque or debit card. Payment through American Express will not be accepted.

4.8. Payment schedule to be agreed prior to the commencement of works. Payments must be made within 10 working days of the invoice issue date.

5. Risk, Ownership and Insurance
5.1. Ownership of the Equipment and/or Goods remains with IDB at all times. The Customer has no right, title or interest in the Equipment, Tools and/or Goods that it is hired, owned and/or purchased for the project.
5.2. Ownership of any Equipment and/or Goods remains with IDB until all monies payable by the Customer under the Contract or any other contract between IDB and the Customer have been paid in full and cleared funds.
5.3. The Customer shall not deal with the ownership or any interest in the Equipmentand/or Goods. This includes but is not limited to selling, assigning, mortgaging, charging,pledging, securing hiring, withholding, exerting any rights to withhold, disposing ofand/or lending.
5.4. IDB do not provide collateral warranties. We will carry out the works in accordance with the engineer’s design, with either the engineer or a third party inspecting/approving works as they proceed.
5.5. IDB insurance cover to the value of the following:
Product and Public Liability: £2,000,000
Employers Liability: £10,000,000
Professional Indemnity: £1,000,000
Copies of Insurance Certificates available upon request.

6. Sale of Goods
6.1. The delivery time quoted or agreed by IDB is confirmed from the date of IDB’s acknowledgment or order confirmation but IDB shall not be held liable for any loss incurred by the Customer or any other person as a result of any delay in the delivery of Goods or any part of the Goods for whatever reason.
6.2. IDB’s obligation to deliver the Equipment and/or Goods ordered will be cancelled in the event of circumstances beyond IDB’s reasonable control, such as strikes, floods,fire, machine breakdown and any other conditions of Force Majeure.

7. Customer’s Responsibilities

7.1 Th.e Customer shall sign to acknowledge receipt of Equipment and/or Goods at delivery. Shortages must be agreed and noted on the delivery document. Equipment defects should be reported immediately to IDB. 
7.2. The Customer shall provide adequate access for delivery and collection and shall be responsible for unloading and loading at delivery and collection. Equipment transported in the Customer’s own vehicle is at the Customer’s risk
7.3. Safe Use of Equipment 
7.3.1. The Customer shall be responsible for the safe and correct operation of Equipment by competent persons not under the influence of alcohol or drugs and for its constant supervision within the range of children. 
7.3.2. The Customer must notify IDB immediately of any Equipment breakdown or shortcoming without attempting a repair. 
7.3.3. The Customer shall take steps to keep himself acquainted with the state and condition of Equipment and if it continues to be used in an unsafe state the Customer shall be solely responsible for all and any damage, loss or accidents. 
7.3.4. The Customer shall ensure that any non-IDB equipment or accessories used in conjunction with or attached to the Equipment conforms to any applicable safety requirements. 
7.3.5. The Customer is responsible for checking the calibration of the Equipment on each occasion before use. Final determination of the suitability of Equipment for the Customer’s specific use is the Customer’s responsibility and the Customer must assume all risk and liability in this regard. 
7.4. The Customer shall arrange for the return or collection of Equipment with any IDB outlet during normal business hours and when the Equipment has been returned or collected IDB will issue a return note. The Customer remains responsible and liable for the 
Equipment and in particular its safety and security from damage or theft until return to or collection by IDB. 
7.5. The Customer must understand and implement requirements as specified under CDM regulations.See HSE website for further information on all parties duties.Clients must be aware of their duties under CDM. See CITB and HSE for further information on clients LEGAL duties and responsibilities.

8. Limitation of Liability.
8.1. All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
8.2. If IDB is found to be liable in respect of any loss or damage to the Customer's property the extent of IDB’s liability will be limited to the retail cost of replacement or repair of the damaged property.
8.3. IDB will have no liability to the Customer if any charges or monies due in respect of equipment and/or goods have not been paid in full and cleared funds by the due date for payment.
8.4. IDB will have no liability to the Customer to the extent that he is covered by any policy of insurance and the Customer shall ensure that his insurers waive all and any rights of subrogation they may have against IDB.
8.5. IDB will have no liability to the Customer for:
8.5.1. Any losses, whether arising from breach of contract, tort (included but not limited to negligence), or otherwise and whether flowing naturally and directly from such breach, negligence or other cause, or not, in respect of:

Loss of revenue
Loss of profit
Loss of anticipated savings
Loss of good will, or
Loss of reputation

8.5.2. Any economic and/or similar losses,
8.5.3. Any Specific damages, indirect losses and/or consequential losses; and
8.5.4. Any business interruption, loss of business, contracts or opportunity.
8.6. IDB’s maximum total liability to the Customer under or in relation to any Contract shall not exceed 5 times the amount of the Charges under that Contact or £1000, whichever is the higher. Provided that if such liability to the Customer would be met by IDB’s insurance IDB’s total maximum liability shall be increased to the extent that it is so met.
8.7. Each of the limitations and/or exclusions in the Contract (except for condition 8.6 which shall apply only once) shall be deemed to be repeated and apply as a separate provision for each of liability for breach of contract; liability in tort (including negligence); and liability for breach of statutory duty and/or common law.
8.8. Nothing in these conditions and the Contract shall exclude or limit IDB’s liability for death or personal injury due to IDB’s negligence or limit any other liability which it is not permitted to exclude as a matter of law.

9. Termination
9.1. In circumstances where the Customer:
9.1.1. Fails to make any payments to IDB when due; or
9.1.2. Persistently breaches the terms of the Contract; or
9.1.3. Provides incomplete, materially inaccurate or misleading facts and/or information in relation to the Contract;

or
9.1.4. Attempts to pledge, charge or create any form of security over and Equipment;

or
9.1.5. Ceases or threatens to cease to carry business; or
9.1.6. Being an individual or partnership, has a bankruptcy petition presented against him/it or compounds with his/its creditors, or enters into an individual voluntary arrangement, or suffers any similar action in any jurisdiction;

or
9.1.7. Being a company, enters into voluntary or compulsory liquidation, has an administrator or receiver appointed over any of its assets, or compounds with its creditors or enters into a company voluntary arrangement, or has any attachment order made against it, any distress, execution or other legal process is levied against any of its property, or suffers any similar action in any jurisdiction; or
9.1.8. Where IDB reasonably believes that any of the events referred to in 9.1.1 to 9.1.7 above is about to occur and gives notice to the Customer of such belief; or
9.1.9. Where it appears reasonably to IDB that the Customer’s credit rating is financially inadequate to meet his obligations under the Contract or that the Customeris about to suffer any of the above events, then IDB shall have the right without prejudice to any other remedies to exercise any or all of the rights set out in 9.2 below.
9.2. If any of the events set out in 9.1 above occur in relation to the Customer, then:
9.2.1. IDB may immediately cancel, terminate and/or suspend without liability to the Customer the Contract and/or any contract between the Customer (or any associates)and IDB;
9.2.2. Any credit period in relation to payment of Charges shall be cancelled and all sums owed by the Customer under the Contract or any other contract between the Customer and IDB shall immediately become due and payable.
9.3. Any repossession of Equipment and/or Goods shall not affect IDB’s right to recover from the Customer any monies due under the contract or any other contract between the Customer and IDB and/or any damages in respect of any breach, which occurred prior to repossession of the equipment and/or goods.
9.4. Upon termination of the contract the Customer shall immediately at his expense return the equipment to IDB or make it available for collection by IDB and pay to IDB, in full and cleared funds, all outstanding charges and/or any other sums payable under the contract or any other contract between the Customer and IDB.

10. Miscellaneous
10.1. No waiver by IDB of any breach of the contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
10.2. IDB shall have no liability to the Customer for any delay and/or non-performance of a contract to the extent that such delay is due to force majeure.
10.3. IDB has the right to vary the contract by giving the Customer seven (7) days written notice of such variation.
10.4. All third-party rights are excluded and no third parties shall have any rights to enforce the Contract.
10.5. Any Contract made under these conditions is governed by and interpreted in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English Courts in relation to any matter or dispute arising out of or in connection with it.

11. Exclusions
11.1. Notifications to planning/environmental agency/mains service providers by customer.
11.2. Structural engineer to be appointed by customer.
11.3. Building inspector to be appointed by customer.
11.4. Tree protection orders to be confirmed and protected by customer.
11.5. All existing services to be identified by customer.
11.6. Suitable protection for existing services by customer.
11.7. Access from main road to support loadings (12t/axle) from delivery vehicles, concrete pump, mobile crane, site plant, etc by Customer.
11.8. Internal/external services by customer.
11.9. Sub base as per structural engineer’s design by customer.
11.10. Crane/Pump hard standing (7m x 7m to achieve 100kN/m² MIN) by customer.
11.11. Plate bearing test (PBT) by customer. If evidence of PBT not available, the crane/pump suppliers will insist on the use of outrigger spreader mats that are charged out at £600/visit. Additional cost will be charged as a variation to the agreed scope and invoiced with each phase of works.
11.12. Highway clearance caused by vehicular movements to and from site by customer.
11.13. Physical site boundaries/isolation to public by customer.
11.14. Road Closures, traffic management, diversions and temporary signage by customer.
11.15. Site access and scaffolding by customer. Temporary/permanent edge protection by customer. Scaffolding to be inspected and signed off by scaffolding contractor each week.
11.16. When working below ground level, a suitable working area is to be provided,maintained and inspected by customer. All excavations to have battered or steppedfaces as outlined by HSE/OSHA.
11.17. Ground water management by customer.
11.18. Health and safety management by customer. IDB to provide required health and safety documentation (RAMS and Lift Plan) for their works only. Copies of staff qualifications available upon request (CSCS, CPCS, First Aid).
11.19. Site welfare as required under CDM Regulations by customer.
11.20. Temporary power supply/distribrution for tools and equipment by customer.
11.21. No allowance for concrete cube tests by IDB. Engineer/building control to confirm requirements prior to commencement of works. Cube tests charged at £270/set (4 cubes/set/pour – 7, 14, 28 days and spare).
11.22. Site general waste skip by customer.
11.23. Area/facilities for concrete pump. Concrete delivery vehicle wash-out to beprovided and disposed of by customer. Typically, a skip with DPM liner. IDB to break up concrete following pour.
11.24. Tanking and waterproofing by customer.
11.25. Cladding/boxing in of structural steel beams and columns by customer.
11.26. All internal and external finishes by customer.

 

12. Hire Terms

12.1. The customer must provide a valid form of government issued identity and proof of address to IDB to take a copy of prior to Equipment being hired. Acceptable forms of identification are UK driving licences and passports.

12.2. IDB will continue to charge the credit/debit card on a weekly basis the full amount outlined in the contract until the products are returned/off hired. Should this form of payment be declined IDB require an alternative credit/debit card to be provided immediately or the product to be returned to IDB.

12.3. Deposits are set by IDB at amounts reasonably required and will be offset against any payment due for Charges. Any Deposit balance remaining after payment of all Charges will be returned to the Customer within 7 business days of the Equipment being returned to IDB in good clean and serviceable condition. Balances of deposits paid by cheque or BACS transmission will be refunded by cheque or BACS. Deposits refunded to a credit card account will be subject to a 2% surcharge.

12.4. Delivery and collection of Equipment (including attempted calls) will be charged at IDB’s standard delivery cost from time to time.

12.5. If the Equipment is returned in damaged unclean and/or defective state the Customer shall be liable to pay IDB for the cost of any repair and/or cleaning required to return the Equipment to a condition fit for rehire.

12.6. The Customer shall pay any costs which IDB may incur in tracking or recovering any lost or stolen Equipment and shall pay the replacement cost of any Equipment (on a new for old basis) which is lost, stolen or damaged beyond reasonable economic repair during the Hire Period, less the amount paid to IDB under any policy of insurance which may have been taken out by the Customer.

12.7. The Customer shall pay the Charges for the Equipment up to and including the date on which IDB is notified that the Equipment has been lost, stolen or damaged beyond economic repair. From that date until IDB has replaced at the Customer’s expense or retrieved such Equipment the Customer shall pay, as a genuine pre-estimate of lost Charges, a sum as liquidated damages being equal to two thirds of the Charges that would have applied to such Equipment for that period. IDB will use its reasonable commercial endeavours to procure replacement Equipment as soon as practicable.

All prices quoted are NET, where applicable VAT will be added at the appropriate rate.