Terms and Conditions
Coughlan Engineering (Tullamore) Ltd., Riverside, Tullamore, Co. Offaly, Ireland
GENERAL TERMS AND CONDITIONS OF TENDER / SALE
Unless expressly stated otherwise, any offer is only binding upon us for 60 days and is subject to fluctuations in currency exchange rates and basic raw material prices. Orders for quantities larger or smaller than those quoted may require revision of the unit price. Any drawings, descriptions, models, samples and the like that are submitted free of charge in connection with an offer shall remain our property, shall not be misused or transferred to a third party and must be returned to us if our offer is not accepted.
Quotations are issued in good faith, based on information available at the time of tendering. Prices tendered are subject to change during final technical review; also due to unforeseen circumstances such as unplanned changes to acceptance criteria, work stoppages on site, etc. Prices quoted are NETT of VAT unless specified otherwise.
3. ACCESS TO SITES
We assume free access to the site with full continuity of work. Where work cannot proceed due to
other trades, we reserve the right to charge non-productive time, otherwise to withdraw our labour
and charge for discontinuity as may be agreed with your representative.
4. SITE SERVICES
All materials on site are the sole risk of the purchaser and we shall be entitled to full payment for any such materials which may be destroyed, damaged, lost or stolen. The cost of replacing any item or parts, re-instating or restoring any work will be charged as an extra to the contract. Our price quoted for work to be carried out on site is assumed to be during normal working hours. Any
overtime or weekend work shall be carried out at your request only, and all such time shall be recorded by our personnel on separate time sheets to be signed by your representative to certify that the overtime has been worked, that the premium time is accepted as an addition to the contract and is payable by you. All assistant labour supplied by you shall remain in your employ and you will undertake all the employer’s statutory or common law liability. Unless otherwise agreed we do not provide for off-loading at site, transport from off-loading points to place of installation, scaffolding, lifting equipment, excavations, foundations, builder’s work such as cutting away, removal, making good, or heavy work which may be required from time to time by our employees.
You will be responsible for providing reasonable protection to the building structure, fittings, existing equiment and personnel throughout the construction period. Unless otherwise agreed in advance, you will provide access to free electricity suitable for operating power tools. When installation is carried out on a time and material basis, charges shall be made in accordance with agreed daywork rates and all previous clauses shall apply. All time sheets are to be signed by your representative to
certify that hours have been worked and are properly chargeable to you.
5. MINIMUM STANDARDS
Unless specified otherwise, FPCs to EN 1090-2: 2018. Welds cleaned, not ground. 6mm fillet weld or part-penetration butt welds. Minimum grade Stainless Steel 304, minimum grade carbon steel S235 JR; all CE certified. Fixings covered by harmonised standard will be CE marked. Fixings not covered by harmonised standard are supplied to relevant DIN standard or ETA. Any blast cleaning to SA2.5; galvanising to EN ISO 1461:2009 and painting to client spec.
6. TECHNICAL REVIEW & DESIGN RESPONSIBILITY
Prices tendered are subject to change, based on changes to design, acceptance criteria or scope of works identified during technical review, or on site. Final prices, design and specification will be discussed and ideally confirmed by you in writing or by means of signed approval drawing. In cases where this is not practical due to time constraints, specific verbal instruction may be accepted if minuted. Specification shall generally be based on our experience, and technical data provided to us by you or the project designer. It shall not be incumbent upon us at any time to have checked, confirmed or validated the information and technical data given to us by your representative or engineer, unless we have been specifically requested to do so. Prices quoted include only the products or processes listed and all reasonable overhead costs to execute the required works. Unless
specifically priced as a line items, prices do not include for 3D BIM models, design of welded or bolted connections or structural calculations. We assume by default that this function is remit of the client’s design consultants.
7. DELIVERY & DEFECTS
Goods are in all cases sent at the purchaser’s risk, regardless of whether the purchaser or the vendor has paid the cost of carriage. Claims relating to faults or deficiencies in execution of an order must be made within 5 working days following receipt or installation of the goods. Goods can only be accepted for return in undamaged condition and subject to prior agreement. Goods returned are subject to a minimum 10% re-stocking charge. Where it is established that Coughlan Engineering
(Tullamore) Ltd and its staff have failed to execute specified work instructions, we must be afforded every reasonable opportunity to investigate the cause of the failure and to carry out remedial actions.
8. FORCE MAJEURE
We reserve the right to exception from the liability for force majeure of any nature when they occur after an agreement is entered into and entails delayed delivery or impedes fulfilment of the agreement.
The contract shall be governed by the Law of Ireland. Any dispute arising out of this contract shall be subject to the exclusive jurisdiction of the Courts of Ireland.
10. PAYMENT TERMS & RETENTION OF TITLE
Unless otherwise agreed and confirmed in writing, payment will be received by us no later than the end of the month following the month in which the goods are despatched or on notification that the goods are ready for despatch, whichever is sooner. Deposit payments, up front payment in full, phased payment schedules, retention payments witheld etc., all must be agreed in advance of us accepting the contract of work, in order to be deemed valid. Minor defects in finished product which do not affect normal use shall entitle you to retain from final payment only such sum as represents the value of such defective details, and any such sum retained shall be paid upon them being remedied. Title does not transfer until goods have been paid for in full.