These Terms and Conditions form the agreement between VIVRE CONTRACTORS LTD ("the Company") and the Subcontractor.
These Terms and Conditions apply to all current and future work carried out by the Subcontractor for VIVRE CONTRACTORS LTD unless otherwise agreed in writing.
1.1 A Scope of Works, Job Order or Work Instruction will be issued before work commences.
1.2 No work shall commence until the Company has confirmed the agreed scope of work, rates and commencement date.
1.3 The Subcontractor shall only carry out the work instructed by VIVRE CONTRACTORS LTD.
1.4 No additional work, changes or variations shall be undertaken without the Company's prior written approval.
1.5 Any unauthorised work carried out without written approval shall be at the Subcontractor's own risk and expense.
2.1 The Subcontractor shall not discuss prices, quotations, payments, additional works, variations or private work directly with any Client or End Client.
2.2 Any request for additional work, changes or pricing must immediately be referred to VIVRE CONTRACTORS LTD.
2.3 The Subcontractor has no authority to negotiate prices, accept instructions, enter into agreements, receive payment directly or vary any contract on behalf of VIVRE CONTRACTORS LTD.
2.4 The Subcontractor shall not accept private work from any Client introduced by VIVRE CONTRACTORS LTD without the Company's prior written consent.
2.5 The Subcontractor shall not directly or indirectly approach, solicit, accept work from or provide services to any Client introduced by VIVRE CONTRACTORS LTD for a period of twelve (12) months following completion of the last assignment, unless authorised in writing by the Company.
3.1 The Subcontractor shall not subcontract or transfer any instructed work to a third party without prior written approval from VIVRE CONTRACTORS LTD.
3.2 Where approval is granted, the Subcontractor remains fully responsible for the quality, conduct and performance of any approved third party.
4.1 Invoices shall be submitted weekly unless otherwise agreed in writing.
4.2 Payment terms are two (2) weeks from the invoice date unless otherwise agreed in writing.
4.3 The Subcontractor shall submit a valid invoice together with any supporting documentation reasonably requested by the Company.
4.4 Where applicable, CIS deductions shall be made in accordance with HMRC requirements.
4.5 Payment may be delayed where invoices, timesheets or required documentation have not been provided, or where there is a genuine contractual dispute.
5.1 All work shall be carried out with reasonable skill, care and in accordance with the agreed specification, drawings and instructions.
5.2 The Subcontractor shall promptly rectify, at their own expense, any defective or incomplete work identified as being their responsibility.
5.3 The Subcontractor shall be responsible for any damage caused through negligence, poor workmanship or failure to follow instructions.
6.1 The Subcontractor shall be responsible for any loss or damage to the Client's property, materials, equipment or the works caused by their negligence, defective workmanship or failure to follow instructions.
6.2 Where VIVRE CONTRACTORS LTD incurs reasonable costs, client deductions, back charges or other losses directly resulting from the Subcontractor's breach of this Agreement, defective workmanship, unauthorised work or negligence, the Company reserves the right to recover or deduct those reasonable costs from any sums due to the Subcontractor.
6.3 Before making any deduction, VIVRE CONTRACTORS LTD will provide the Subcontractor with reasonable details of the defect, damage or loss and, where appropriate, an opportunity to respond.
6.4 The Subcontractor shall immediately notify VIVRE CONTRACTORS LTD of any accident, damage, complaint or issue arising on site which may affect the work, the Client or the Company.
7.1 All Client details, project information, drawings, specifications, rates, quotations and commercial information remain confidential.
7.2 The Subcontractor shall not disclose, copy or use any confidential information for personal benefit or for any purpose other than carrying out work instructed by VIVRE CONTRACTORS LTD.
7.3 All Client information obtained while working for VIVRE CONTRACTORS LTD remains the property of the Company and must not be retained or used after the completion of the works.
8.1 While working on behalf of VIVRE CONTRACTORS LTD, the Subcontractor shall act professionally at all times.
8.2 The Subcontractor shall be punctual, polite and respectful towards Clients, Site Managers, other contractors and members of the public.
8.3 Smoking (except in designated areas), alcohol, illegal drugs, abusive behaviour, harassment or conduct likely to damage the Company's reputation will not be tolerated.
8.4 If the Subcontractor is unable to attend site as agreed, VIVRE CONTRACTORS LTD must be notified immediately.
8.5 The Subcontractor shall always conduct themselves in a manner that protects the reputation and professional image of VIVRE CONTRACTORS LTD.
9.1 The Subcontractor shall comply with all applicable Health & Safety legislation and all site-specific rules and procedures.
9.2 All tools and equipment supplied by the Subcontractor shall be suitable for their intended purpose, properly maintained and used safely.
9.3 The Subcontractor shall wear appropriate Personal Protective Equipment (PPE) where required.
9.4 The work area shall be kept clean, safe and tidy throughout the works and left in a clean and safe condition upon completion.
10.1 Emails, WhatsApp messages, text messages and other electronic communications between VIVRE CONTRACTORS LTD and the Subcontractor shall constitute valid written instructions and may be relied upon as contractual evidence.
11.1 VIVRE CONTRACTORS LTD may terminate this Agreement immediately where the Subcontractor:
11.2 Termination shall not affect any rights or obligations that have already arisen before termination.
12.1 These Terms and Conditions constitute the entire agreement between VIVRE CONTRACTORS LTD and the Subcontractor.
12.2 These Terms and Conditions apply to all current and future work undertaken by the Subcontractor unless replaced or amended in writing by VIVRE CONTRACTORS LTD.
12.3 Emails, WhatsApp messages and other electronic communications may be used as evidence of instructions and agreements between the parties.
12.4 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
12.5 This Agreement shall be governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction over any dispute arising from it.