Prime Square Services Ltd

Standard Terms, Conditions, Assumptions & Exclusions

These Standard Terms, Conditions, Assumptions and Exclusions apply to quotations, tenders and proposals issued by Prime Square Services Ltd (“PSS”), unless expressly stated otherwise within our quotation, tender, proposal, purchase order or agreed subcontract.

Project-specific qualifications contained within a PSS quotation, tender or proposal shall take precedence over these general terms where there is any conflict.

1. Items to be Provided Free of Charge by Others

Unless expressly included within our quotation, PSS has based its price on the following being provided free of charge and maintained as necessary for the duration of our works:

Suitable temporary lighting, electrical power and water supplies, distributed to the relevant work areas as required for installation, testing.
Suitable welfare, washing and mess facilities located within or reasonably adjacent to the site.
Suitable hardstanding for site establishment, storage and deliveries where required.
Use of suitable site lifting, hoisting and material-handling facilities where required.
Removal of rubbish and waste from an agreed central collection point.
All builders' work associated with the mechanical and public health services, including forming, cutting and making good openings through walls, floors, roofs and other structures, together with ducts, trenches and similar provisions.
Suitable, secure and weatherproof storage for PSS materials, plant and equipment.
Protection of completed installations following installation.
Fire stopping and sealing around pipework, ducts, cables and associated support systems.
Cleaning of roads, highways and common access routes arising from general site activities.
Scaffolding and specialist access equipment other than mobile access equipment specifically included within our quotation.

2. General Exclusions

Unless specifically identified as included within our quotation, tender or proposal, PSS excludes the following:

Provisional sums unless specifically identified within the PSS quotation or tender summary.
Fixed scaffolding, specialist high-level access, edge protection, handrails, cranage, banksmen and specialist lifting equipment.
Smoke control systems, actuated smoke dampers, smoke extract systems, sprinkler systems and wet or dry risers.
Temporary services and the maintenance or alteration of existing temporary services.
Water, gas, electricity or other fuels required for commissioning, drying-out or environmental conditioning.
Identification, sampling, management, encapsulation or removal of asbestos or other hazardous materials.
Rainwater harvesting systems, external guttering and rainwater systems unless specifically included.
Incoming utility services, utility authority charges, meters and new incoming supplies.
Boxing, service ducts, access panels, hatches, cabinets and architectural enclosures.
Performance bonds, parent company guarantees or other financial securities.
Decoration, protection or making good to existing finishes, structures, doors, louvres or architectural elements unless specifically included.
Natural ventilation systems and associated ventilation openings.
Out-of-hours, weekend, night or bank-holiday working unless specifically included.
Stripping out, tracing or locating existing services unless specifically identified within our scope.
Acoustic linings, acoustic treatments, acoustic calculations or reports.
Preparation of Part L compliance documentation, EPC certification, BREEAM calculations, thermal modelling or works subsequently identified as necessary to achieve such compliance.
Below-ground drainage, associated adaptors and testing unless specifically included.
Electrical power, BMS/control wiring, containment, final connections and electrical testing unless specifically included.
Void detection or protection systems.
Toilet accessories including toilet roll holders, soap dispensers and other toilet furniture unless specifically included.
Kitchen equipment, white goods, kitchen sinks and kitchen furniture unless specifically included.
Water treatment, flushing, chemical cleaning, dosing, chlorination and specialist water-quality analysis unless specifically included.
Thermal insulation and trace heating unless specifically included.
Painting, identification labels and valve charts unless specifically included.
Specialist commissioning by manufacturers or third parties unless specifically included.

3. General Assumptions

Our quotation, tender or proposal is based upon the following assumptions unless expressly stated otherwise:

Existing services and installations are in a serviceable condition and compliant with applicable statutory requirements insofar as they affect PSS's works.
Existing systems can be satisfactorily isolated using the existing local isolation valves.
PSS shall not be responsible for defective or passing existing isolation valves. Any additional works required to achieve a safe isolation shall be treated as a variation.
Existing ducts, risers, routes and penetrations intended for use by PSS are accessible and unobstructed.
Materials and equipment offered as equal or approved alternatives are acceptable where applicable.
Reasonable parking or suitable arrangements for operative access will be available.
Deliveries can be made during normal site working hours with reasonable access to the delivery and storage areas.
The building structure and coordinated service zones are capable of accommodating the specified service routes and sizes.
Systems are allowed to be filled, tested, flushed, dosed, chlorinated and demonstrated once only where these activities are specifically included within our scope.
Pattresses, wall strengthening and structural supports are by others unless specifically included.
Where PSS has accepted a design responsibility, tender drawings and information shall be treated as the basis of design and remain subject to development, coordination and approval.
White goods are supplied and installed by others unless specifically included.
Magnetic door locks and associated containment and wiring are supplied and installed by others.
Active data/network equipment is supplied by others.
No allowance has been made for phased or partial handovers unless expressly identified within our quotation.
Our programme assumes continuous, free and uninterrupted access to the relevant work areas and reasonable coordination with other trades.
Unless otherwise stated, normal working hours are assumed to be 07:30–18:00 Monday to Friday, excluding public holidays.
Where client training is specifically required and included, PSS has allowed for a maximum of one working day unless stated otherwise.
Routes containing gas pipework will be adequately ventilated in accordance with the applicable requirements, with any builders' work or permanent ventilation provisions by others unless specifically included.
Information, drawings, specifications and surveys provided to PSS are accurate and complete. PSS shall notify the relevant party where discrepancies become apparent during our works.
Delays, abortive visits or additional works resulting from circumstances outside PSS's reasonable control may be subject to additional cost and/or an extension to the agreed programme.

4. Programme & Access

Our quotation assumes that the agreed works can proceed continuously and without unreasonable interruption.

Where PSS's works are delayed, disrupted, resequenced or made less productive due to matters outside our reasonable control, including restricted access, incomplete preceding works, changes by others or unavailable services, PSS reserves the right to recover reasonable additional costs and request an appropriate extension of time.

Any requirement for acceleration, additional labour, overtime, weekend working or revised sequencing following acceptance of our quotation shall be subject to agreement and may constitute a variation.

5. Protection, Damage & Security

PSS will take reasonable care of its works during installation.

Once services, materials, fittings, plant or equipment have been installed and the relevant area has been released to other trades or the Contractor, responsibility for their ongoing protection shall pass to the Contractor unless otherwise agreed.

PSS shall not be responsible for damage, misuse, interference or theft caused by others.

Where PSS is instructed to repair or replace damaged or stolen items, such works shall be treated as a variation.

Where materials or equipment belonging to PSS are stored on site, suitable secure storage shall be provided by the Contractor/client.

6. Variations & Additional Works

Any works outside PSS's agreed scope shall be treated as a variation.

Where practicable, PSS will provide a quotation before undertaking additional works.

Where the urgency of the works prevents prior agreement, PSS may undertake the works following a written instruction and provide supporting costs thereafter.

Written acceptance or instruction by email, site instruction, purchase order or other agreed written communication to proceed, instruct, agree, approve or equivalent wording shall be treated as authority for PSS to proceed with the relevant works.

Variations may include reasonable adjustments for labour, materials, plant, supervision, preliminaries and associated costs.

Where works are undertaken on a daywork basis, applicable labour, material, plant and subcontractor rates and percentage additions shall be agreed or stated within the relevant PSS quotation or commercial agreement.

7. Quotations & Tender Validity

Unless otherwise stated, PSS quotations and tenders remain open for acceptance for 60 days from the date of issue.

Following this period, PSS reserves the right to review pricing, availability, programme and delivery periods before accepting an order.

Prices may also be reviewed where the proposed commencement date, programme, specification, scope or market conditions materially change before an order is agreed.

8. Orders & Contract Conditions

Acceptance of a purchase order or instruction to proceed shall not automatically constitute PSS's acceptance of additional or amended contractual terms that were not agreed as part of our quotation or subsequent negotiations.

Where proposed subcontract conditions are issued, these remain subject to review and mutual agreement.

PSS's quotation, project-specific qualifications, agreed clarifications and these Standard Terms, Conditions, Assumptions & Exclusions are intended to form part of the contractual agreement.

Where any inconsistency exists between these general terms and project-specific qualifications issued by PSS, the project-specific PSS qualification shall take precedence, subject to the final agreed subcontract.

9. Drawings & Information

Drawings, specifications, schedules and revised information issued following commencement may affect PSS's scope, programme and price.

PSS reserves the right to review any revised information and notify the Contractor/client of any resulting variation or programme impact before incorporating material changes into the works.

Issue of revised information shall not automatically mean that additional work arising from that revision is included within the original contract value.

10. Payment

Payment terms shall be as stated within the applicable PSS quotation, purchase order or agreed subcontract.

Applications, valuations, payment notices and payments shall be administered in accordance with the agreed contractual terms and applicable UK legislation.

PSS reserves all statutory and contractual rights available in relation to late or non-payment, including applicable rights to interest, compensation and suspension of performance.

11. Financial Standing

Where PSS has reasonable concerns regarding the financial standing of a contracting party or its ability to meet its payment obligations, PSS reserves the right, subject to the applicable contract and law, to seek revised payment arrangements, appropriate security or other reasonable commercial protections.

Nothing within these terms limits any statutory or contractual rights available to PSS.

12. Third-Party Rights

Unless expressly agreed otherwise in writing, no person who is not a party to the contract shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the agreement.

13. Completion & Handover

PSS's works shall be considered complete when our contracted scope has been substantially completed, tested and made available for its intended use, subject to any agreed snagging or outstanding minor works.

Use or operation of completed systems by the Contractor, client or other parties prior to formal completion shall be treated as beneficial use where appropriate, subject to the terms of the applicable contract.

14. General

These terms are intended to operate alongside the relevant PSS quotation, tender, proposal and any subsequently agreed subcontract.

Nothing contained within these terms is intended to exclude or restrict any liability or statutory right that cannot lawfully be excluded or restricted.

If any provision is found to be invalid or unenforceable, the remaining provisions shall continue to apply.

Unless otherwise agreed in writing, contracts with PSS shall be governed by the laws of England and Wales.