Terms & Conditions

General Terms & Conditions Of Estimate

General

Our offer is made subject to the following terms and conditions and no alterations, exclusions, additions or qualifications to the offer will be accepted unless agreed in writing by an authorised representative of Aarsleff Piling.

Price

The estimate is open for acceptance for weeks and is fixed price for a period of months from the date of the offer. Thereafter it is subject to fluctuations in accordance with standard indices.

Acceptance Of Offer

No contract is deemed to have been entered into until written acknowledgement, by Aarsleff Piling, of the client’s instructions.

Sub-Contract Conditions And Credit References

We are prepared to work under the following Standard Condition of Contract:- I.C.E., N.E.C., J.C.T., G. C/WORKS/1 or B.C.E. The Housing Grants, Construction and Regeneration Act 1996 will apply to this contract. This tender shall be incorporated into and read in conjunction with the above Standard Conditions and associated Standard Forms of Sub-Contract. The Client/Main Contractor is to give satisfactory credit references to meet the requirements of Aarsleff Piling before any work is commenced under the Sub-Contract.

Remeasurement

This offer is made on the understanding that all work will be remeasured on completion of the works at the rates given in the Bill of Quantities.

Conflicting Conditions

Should any terms given in these Conditions conflict with specific points mentioned in our offer, then the conditions in the offer shall be deemed to take precedence. Any alterations will only be accepted if agreed by us in writing.

Terms Of Payment

A % prompt payment discount will be allowed on nett payment within days of the date of our valuation. No money shall be deducted by way of retention. Payment shall be made in full for all measured work in accordance with the time schedule agreed. Overdue payment will accrue interest charges of 3% above the Bank Lending Rate current at the time. Liquidated damages will only be accepted in the same proportion as our tender relates to the main contract price. Payment to Aarsleff Piling will not be dependent upon any payment by a third party to the client.

Retention Of Title

It is a condition of any contract entered into that ownership of the goods supplied does not pass to the client until the full contract price has been paid. The Main Contractor/Client is responsible for protecting the piles once they have been installed.

Deduction Or Set-Off

The client shall not be entitled to deduct or set-off any monies against payments due to Aarsleff Piling without prior agreement in writing.

Insurance

Our offer includes for Public Liability Insurance to a limit of £5 million any one incident plus Employer’s Liability Insurance of £10 million any one incident, Contractors All Risks Insurance to a limit of £1 million, plus Professional Indemnity Insurance of £2M in the aggregate.

Variations/Instructions

Any variations/instructions relating to our works are to be notified in writing.

Value Added Tax

Our estimate excludes Value Added Tax.

Piling Specific Terms & Conditions Of Estimate For Bearing Piles

Measurement

The piles will be measured as pitched. The measurement of the drive will be from the piling platform level to the underside of the pile toe. Should pile lengths be outside the billed range, rates may be subject to review.

Driving, Redriving, Trimming

The initial piles will be installed to criteria discussed with the client in advance of commencement of our works. The final installation criteria will be agreed after installation of the initial piles. We do not allow for the driving of pile heads below ground level. We have only allowed for driving piles in our normal manner and no allowance has been made for preboring, jetting or other means of easing piles through any encountered strata. Piling will be carried out prior to any excavations. Piles will not be driven beyond refusal, as defined below, or if the pile head shows signs of failure. Refusal - 12 blows/25mm penetration or 45 blows/250mm penetration over 3 successive 250mm increments, which ever occurs first. Our price does not include for the redriving of piles, trimming of pile heads or the removal of surplus lengths of pile. In the event that pile heads as driven “clash” and so impede our installing other piles, we will require that the offending pile heads be cut down as necessary at no extra cost to ourselves and without delay to our continuous operations. We shall not be responsible for any effects of ground heave.

Specification

The works will generally be carried out in accordance with the Institution of Civil Engineers’ “Specification for Piling”.

Design

In so far as we are responsible for the design of the works and/or the selection of goods and materials for the works and/or the satisfaction of any performance specification or requirement for the work, we hereby warrant that we have exercised or will exercise all reasonable skill and care in the discharge of any such responsibility.

Ground Conditions

This tender is based upon achieving the required bearing capacities at the lengths detailed using the information provided. Should the soils vary from that indicated in the information given we would wish to discuss and agree any necessary changes prior to issue of any variation order. We require that we would be reimbursed for any costs associated with the change in conditions. We are not responsible for damage caused by settlement attributable to mining operations, or mine and quarry workings, springs, cavities, ground movement, slip or chemical materials, or any other destructive foreign matter in the ground or ground water.

Noise And Vibration

Noise and vibration will be kept to a reasonable level compatible with normal driven piling operations using our standard equipment. Should our work be held up, delayed or terminated completely then we shall be reimbursed for all costs and indemnified against any liabilities in respect of delays or any costs associated with the use of an alternative system to carry out the works.

Authority Approval

Local Authority statutory or other approvals are to be obtained by others and payment to us will not be delayed by the granting of these approvals. Any additional requirements of legislation imposed by the Government, Local Authority, District Surveyor or other statutory bodies resulting in additional work or delays to our operations will be paid for at rates to be agreed and our contract period will be extended accordingly.

Drawings

We require all drawings for the works a minimum of two weeks before the start date to enable us to plan machine movements, order materials and sequence our works.

Programme

The offer is based on continuous operations of the piling machine(s) in an economic manner. Should the rate of progress exceed that anticipated, suitable measures should be taken by others to maintain this enhanced progress. We would consider if necessary, specially accelerated or retarded periods of productions to meet the agreed programme, provided we are reimbursed with any extra costs involved. The programme assumes that the piles do not differ from the lengths detailed or we are not delayed by circumstances beyond our control, and that any programme involving our work should be agreed with ourselves before acceptance of an order. All start dates are to be week commencing dates, with the contract period commencing from our actual arrival on site.

Attendances & Services For Bearing Piles

Generally in accordance with the FPS Schedule of Facilities and Attendances

This tender is based on the following being provided to us free of charge at all times:-

  1. Working hours of 07:30 to 19:00 Monday to Friday. Should we require to work outside these hours any supervision etc. will be provided.
  2. Suitable road access for articulated vehicles carrying our plant and materials onto and around the site. Control or diversion of road, rail or water borne traffic.
  3. A firm dry level working surface; designed, installed and maintained to safely support our piling plant, articulated vehicles and test equipment. The piling rig must be able to stand within 2m of the final pile position during the installation process. Should fill material be required to achieve adequate surfacing, this must be free draining and not exceeding 100mm in size.
  4. Should it be required that piling takes place from different levels, we would require that access ramps adequate for carrying our plant and ancillary equipment in a fully rigged condition be provided. We would require that ramps are no steeper than 1 in 10 for travelling of our piling machines and articulated vehicles.
  5. The facility to drive probe piles at working positions across the full extent of the piled area during the initial days on site.
  6. Clear ample, unhindered and suitably protected working space.
  7. Suitable storage space for piles to contract requirements, in a position to allow off-loading by our rigs within 10 metres of the final pile positions.
  8. Setting out and maintenance of pile position pins and levels. The final position is to be checked immediately on completion and we are to be notified of any out of tolerance piles prior to us leaving site.
  9. We require that the site is suitable for piling and there are no obstructions to affect the drive. All obstructions are to be removed and the platform reinstated with suitable material to ensure that the rig is able to work safely. In the event of any obstruction or sloping strata diverting or damaging the pile, we will be reimbursed for the cost of the damaged pile, replacement pile(s), instructed remedial work and any abortive time. As a result of any of the above, we will be granted an extension to the contract.
  10. Any underground or overhead services should be accurately located and marked at ground level, adequately protected or diverted / removed, in accordance with the requirements of the owners, prior to our works. We do not accept responsibility for damage to any service unless we have been informed of the above and are negligent in our actions.
  11. Provision of a suitable storage area for drums of gas oil containing up to 205ltr, and suitable facilities for the disposal of these drums and other waste generated by the piling rig.
  12. Arrangement of all necessary wayleaves and approvals from all Statutory Bodies etc.
  13. Protection of existing road surfaces, kerbs, adjoining structures and the like and of the works where taken over by other trades or contractors or after we have left site.
  14. Manned wheel-cleaning facilities and/or road-cleaning as necessary.
  15. Provision of watching, lighting, fencing and statutory warning notices.
  16. Provision of suitable power take-off points and potable water supply at mains pressure.
  17. Provision of a full time first aider and welfare facilities to comply with Construction (Health Safety and Welfare) Regulations, 1996 within a reasonable distance of the piling. As a minimum these should include toilets and washing facilities with hot water together with suitable rest and drying room.
  18. Cutting off and removal of surplus pile length. Preparation of pile for subsequent works and disposal of all arisings.
  19. Where testing is to be carried out, we reserve the right to approve the testing company to be engaged, prior to commencement of any such work.
  20. The provision, maintenance and management of a nominal 20 metre site exclusion zone around our works.

Environmental Policy

Statement Of Commitment

The Environmental Protection Act 1990 requires employers to take measures to protect the Enviroment. The Company's policy is that all the Company's facilities and sites etc., are maintained and operated to ensure that as far as is reasonably practicable, they are operated in accordance with the Environmental Protection Act. It is the responsibility of management to implement the Company's policy with regard to:-

  1. Environmental resposibilities within the Company.
  2. Operational details in the event of spillage.
  3. Promotion of waste reduction and recycling initiatives.
  4. Minimising energy consumption.

The effectiveness of this policy depends, of course, on the full co-operation of all employees.

Environmental Policy

The Company is aware of the effect of its operations on the environment; its object is to balance the need of its business aims with the need to protect and improve the local environment. In particular Aarsleff Piling will:-

  1. Conduct its operations to comply with all existing environmental legislation and to minimise the risk of all forms of pollution.
  2. Will continually review its environmental performance aimed to minimise energy consumption and the use of materials which are harmful to the environment.
  3. Aarsleff Piling's objective is to reduce the environmental impact of the company's piling and associated activities and work with our suppliers to minimise the impact of their operations on the environment through a quality purchasing policy.
  4. Reduce wherever practicable the level of harmful emission.
  5. Maintain an open information policy towards all parties affected, interested and involved in its activities and to issues which concern the environment.
  6. Respond to the needs of its employees, the concerns of local communities and other interested parties.
  7. Recognise that environmental risks should be part of the normal checklist for risk assessment and management.
  8. Provide any relevant information pertaining to the environment to ensure effective relations with the community.
  9. Appropriate resources will continually be made available to ensure the environment policy is implemented in full.

Aarsleff Piling cares about the environment in all its forms, and recognises that concern for the environment should be an integral and fundamental part of our business.