Terms and Conditions

  1. Interpretation
    In these our standard Terms and Conditions of Contract (“Terms and Conditions”), which apply to all works we carry out:
    (a) “Company” means G.Banks Limited;
    “Contract” means the contract between us and the Employer for the performance of the Works specified in our Estimate subject to these Terms and Conditions;
    “Contract Price” means the price payable under the Contract for performance of the Works and includes the cost (together with a reasonable sum in respect of overheads and profit) of any works we have to carry out additional to those comprised in our Estimate in order to complete the Works to a proper standard in accordance with the Contract (which the Employer will pay in addition to the price stated in the Estimate);
    “Employer” means the person or persons with whom we make the Contract. Where there are two or more such persons their obligations under the Contract shall be joint and several;
    “Estimate” means our written proposal to perform the Works as described therein at the estimated price stated therein subject to these Terms and Conditions;
    “Materials” means all those finished or unfinished materials or products which we import to the Site for the purpose of and to be incorporated in the Works;
    “Pile” means any support item in the ground, including without limitation any replacement or displacement concrete, steel, timber or plastic pile or mini-pile; any mass concrete underpinning, base or pad foundation, any vibrated concrete column, vibro replacement stone column, in situ ground mixing method and similar ground improvement techniques and “Piles” shall be construed accordingly;*
    “Site” means the area or premises upon which the Works are to be performed and any adjacent areas which we require to be made available to enable us to carry out the Works;
    “Works” means the work to be performed by us, including the supply of Materials as described in our Estimate together with such design work, additional works and supply of materials as we agree to carry out.
    (b)The headings to the various clauses herein are for reference only and shall not affect the interpretation of the Contract; and References to “us”, “ourselves”, and “we” and “the Company” are to G.Banks Limited and “our” shall be construed accordingly.
  2. Acceptance and conditions applicable
    (a) Our Estimate is open for acceptance only during the period specified on the face of our Estimate or its covering letter, or if not so specified, until the earlier of our withdrawing it or the expiry of sixty three days from the date of its issue. Such acceptance must be in writing signed by the Employer. If the Employer is a company or a firm we are entitled for all purposes to regard such signature as that of its duly authorised representative. At our absolute discretion we may act on an oral acceptance on behalf of the Employer which we will subsequently confirm in writing.
    (b) Where the Employer has not accepted our Estimate within the time provided for in clause 2(a), but we go on Site and commence the Works at the Employer’s request, the Employer shall be deemed to have accepted our Estimate as provided to it and on the basis that these Terms and Conditions apply to such acceptance;
    (c) Except to the extent that any provision of these Terms and Conditions is inconsistent with the terms of our Estimate (in which event the terms of our Estimate shall prevail), any acceptance by the Employer of our Estimate can only be made and shall be on the express basis that the Employer accepts these Terms and Conditions as conditions of the Contract between the Employer and the Company and that they shall take precedence over any terms and conditions or qualifications forming part of or referred to in the Employer’s acceptance, and further that we are to commence the Works within 120 days of the date of the Estimate;
    (d) save where clause 2(b) applies, notwithstanding the Employer’s acceptance of our Estimate, no contract in relation to the Works or any part thereof shall come into existence unless and until we have sent to the Employer our written acknowledgement of its acceptance of our Estimate.
    (b)
  3. Price, payment and title

    (a) The Contract Price is exclusive of VAT, which shall be charged and paid in addition at the applicable rate.
    (b) We shall be entitled to payment of the Contract Price by interim payments which shall become due as follows:
    (1) the amount of the advance payment (if any) stated in our Estimate, such amount to be due 7 days prior to commencement of the Works;
    (2) the amount representing work done in relation to design, manufacture and/or assembly of Materials off site prior to commencement of the Works on Site as stated in any application for payment delivered to the Employer for the same, such amount to be due on delivery of each such application for payment to the Employer;
    (3) seven days after the commencement of the Works on Site;
    (4) at intervals not exceeding 14 days calculated from the date when the interim payment in (3) above was due;
    The amount payable as an interim payment under (3) and (4) above shall be the amount stated in our application to you for payment of that interim payment less previous payments. Such applications for payment of interim payments shall be submitted to you 3 days before the interim payment to which it relates is due.
    The balance of the Contract Price after deduction of previous payments shall be due 28 days after the date of completion of the Works. The amount payable as the balance of the Contract Price shall be the amount stated in our Final Account invoice submitted to you as such. The Final Account invoice shall be submitted to you 3 days before the payment to which it relates becomes due.
    No later than 3 days before the final date for payment of an amount due pursuant to this clause 3(b) the Employer may give us a written notice which shall specify any amount proposed to be withheld and/or deducted from that due amount, the ground or grounds for such withholding and/or deduction and the amount of withholding and/or deduction attributable to each ground.
    The final date for payment of each payment to be made under this clause other than clause 3(b)(2) shall be seven days after the date that payment becomes due. The final date for payment of interim payments under clause 3(b)(2) shall be seven days after the date such payment becomes due or two days before the date we are programmed to commence works on Site, whichever is the earlier. Each payment shall be made in full without deduction of any kind unless we agree in writing to the contrary or the Employer has given to us a notice of withholding complying with the requirements for the same contained in this clause.
    (c) If any payment due under clause 3(b) is not paid to us by the final date for payment of it, interest calculated on a daily basis shall be payable in addition by the Employer at the rate of 8% (eight per cent) over the Base Rate of the Bank of England current at the date any such payment becomes due.
    (d) In addition, we may by notice in writing to the Employer suspend performance of our obligations under the Contract in the event that the Employer fails to pay any sum due to us under the Contract by the final date for payment of it.
    (e) The Materials shall be at the Employer’s risk as from delivery onto Site.
    (f) Property in the Materials shall not pass to the Employer until the Employer shall have paid the Contract Price plus VAT in full.
    Until property in the Materials passes to the Employer in accordance with this clause, the Employer holds the Materials as our fiduciary agent and bailee, and shall :
    (1) store the Materials (at no cost to us) separately from all other materials in its possession and marked in such a way that they are clearly identified as our property;
    (2) upon request immediately deliver up to us such of the Materials as have not ceased to be in existence; and
    (3) insure and keep insured the Materials to their full replacement cost against all risks to our reasonable satisfaction, and whenever requested by us to produce a copy of the policy of insurance. If the Employer defaults in any of the foregoing obligations then, without prejudice to our other rights and remedies, all sums owing to us by the Employer and not then due shall become immediately due for payment and we may without let or hindrance freely enter upon any premises owned or occupied by the Employer in order to repossess the Materials.
    (g) We shall be entitled to appropriate each payment made to us by the Employer to such work or materials and accounts as we think fit, not withstanding any previous appropriation by way of application or invoice or any purported appropriation by the Employer to the contrary.
    (h) If our Estimate so specifies the Employer shall forthwith on accepting it provide to us a guarantee in form and content acceptable to us by a bank or other surety acceptable to us, unconditionally and irrevocably guaranteeing the payment to us of part or all of the monies due under the Contract as we require. Provision of such a guarantee when required by our Estimate shall be a condition precedent to performance by us of our obligations under the Contract. We reserve the right to suspend the Works at any time where genuine doubt arises as to the Employer’s financial position until the Employer has provided to us such guarantee or other satisfactory security for payment of monies payable to us under the Contract as we may request.
    (i) In the event of termination of the Contract by the Employer before our commencement of the Works on Site, the Employer shall be liable to pay to us compensation for such termination. The amount of compensation payable by the Employer shall be the amount that would be payable if the Contract had been properly determined by us at such time pursuant to clause 14 and the provisions of clause 14(a)(2)-(3) shall apply to the calculation of such compensation.
    (j) Where the Employer varies the Works so as to omit any part of the same, the Employer shall be liable to pay us that part of the Contract Price otherwise payable in respect of the omitted works less a fair and reasonable allowance for costs not incurred by us resultant on such omission.
    (k) Where the Employer defers the carrying out of any part of the Works having regard to our programme for the same, the Employer shall indemnify us in respect of all costs, loss and/or expense we incur by reason of such deferment. If and when the Employer requires us to proceed with the deferred Works or part thereof the Employer shall give us notice in writing to that effect. In such event we shall return to the Site to complete the Works at the soonest available later date consistent with our obligations to our other customers.
    (l) Deferment of the carrying out of the Works or our commencement of the Works on Site for a period greater than four weeks shall entitle us at our option to treat the same as a termination of the Contract by the Employer and in such event the Employer shall be liable to pay to us an amount determined in accordance with the provisions of clause 14(a)(2)-(3) in respect of the same.
  4. Where we are carrying out Works in respect of which the Employer has a valid but as yet unpaid insurance claim, the Employer, by accepting our Estimate, agrees to assign to us the benefit of all insurance monies which the Employer would otherwise be entitled to receive in respect of or as a contribution to the cost of the Works or any part thereof, and any such monies which may be received by the Employer shall be immediately paid over to us and not mixed with other monies, and shall Assignment of insurance monies while in the possession or control of the Employer be identified as being held on trust for us. The Employer shall, if we so request, promptly execute and deliver to us such further documents evidencing and/or effecting such assignment as we may require. Such assignment shall not relieve the Employer of his or its obligations of payment under the Contract but all monies received by us pursuant to such assignment shall be applied in or toward payment of monies due to us under the Contract and any excess receipts shall be promptly refunded to the Employer.
  5. Facilities
    (a) Unless we have otherwise specifically agreed with the Employer in writing, the Employer shall provide and maintain at all times (including during additional working hours as necessary) for the duration of and in relation to the carrying out of the Works at no cost to us and in a manner so as not to disrupt or impede the regular process of the Works the attendances and facilities described on page 9 on the quotation ‘Schedule of Attendances’.
    (b) In the event of any failure by the Employer to comply with its obligations under clause 5(a) the Employer shall indemnify us in respect of all costs, loss and/or expense we incur by reason of the same, and the Contract Price shall be adjusted accordingly and we shall be entitled to a fair and reasonable extension of time for the completion of the Works in respect of any delay caused to the completion of the Works attributable to such failure.
  6. Programme and delay
    (a) The Works will be carried out to our programme during our normal working hours (8.00am to 5.30pm weekdays unless otherwise stated in our Estimate or agreed by us with the Employer in writing) working conditions permitting. The Employer shall pay in addition to the Contract Price for any overtime working required by the Employer.
    (b) Whilst we shall use our reasonable endeavours to commence and complete the Works within the time specified in our Estimate, the period of time for commencement and/or completion of the Works shall be extended by the period of any delay to or suspension of the carrying out of the Works caused by or on behalf of the Employer and/or any other cause beyond our control.
    (c) If any such delay or suspension exceeds or is likely to exceed two consecutive days, we shall be entitled at our sole discretion to discontinue the Works, leave the Site, and subsequently return to the Site to complete the Works at the soonest available later date consistent with our obligations to our other customers, and to charge the Employer demobilisation and remobilisation costs.
    (d) If the cumulative total of any such delays or suspensions exceeds two working weeks, we may at any time thereafter terminate our employment under the Contract and the provisions of clause 14(a)(2)-(3) shall apply to any such termination.
    (e) Where we are entitled to an extension of time under clause 6(b) in relation to any period of delay we shall also be entitled to reimbursed by the Employer for all costs, loss and/or expense we incur as a result of such delay, and the Contract Price shall be adjusted accordingly.
  7. Underground services, site conditions and subsoil information
    (a) Unless we have otherwise specifically agreed with the Employer in writing or stated in our Estimate, the Employer shall be responsible for ascertaining and providing to us all information relating to the applicable sub-surface, ground and/or Site conditions necessary for the proper carrying out by us of the Works in accordance with our Estimate.
    (b) Unless we have otherwise specifically agreed with the Employer in writing or stated in our Estimate, our Estimate does not allow for or include;
    (1) dealing with any obstruction (whether man made or naturally occurring) we may encounter in carrying out the Works (whether overhead, surface or underground); or
    (2) dealing with or preventing, movement caused by landslip or inherent deep underground or landfill instability, mineshafts or galleries, old quarries, caverns, ground or artesian water, aggressive chemicals or any other inherently unfavourable ground conditions; or
    (3) dealing with or preventing pollution or contamination of, under or affecting the Site.
    (c) The Employer warrants that any information he or it gives directly or indirectly to us concerning sub-surface ground or Site conditions is accurate and that the Employer has disclosed to us all such conditions which may affect the Works. The Employer acknowledges that we shall rely without question on all such information both in estimating the Works and in carrying them out. Where the Works include our undertaking ground or sub-surface condition investigations we shall be entitled to assume that the results thereby reasonably obtained are wholly typical of all such conditions on under or around the vicinity of the Works. Any sub-surface, ground or Site condition which has not been identified in any information disclosed to us by the Employer or which is not revealed by any investigation included in the Works and properly carried out, shall be treated as an obstruction to which the provisions of clause 8 hereof shall apply.
    (d) We shall not be responsible for any loss or damage to or diversion or interruption of services including (without limitation) sewers, pipes, cables, conduits or other sub-surface items, materials or structures and the Employer shall indemnify us against liability therefor and all costs loss and/or expense we incur in carrying out any variation to the Works consequent thereon unless:
    (1) the correct positions of the same have been given to us in writing and are clearly marked on the ground so that their line level and size are clearly defined; and
    (2) the available clearance of the Works from the same is in accordance with at least the minimum limit we specify in our Estimate.
    (e) Estimates given by us for the carrying out of Works at Sites for which incomplete sub-surface, ground and/or Site conditions information has been provided to us are given in good faith but on the basis of our general experience only and are not binding on us and do not constitute representations or warranties to the effect that Works can in fact be satisfactorily carried out at those Sites or at the stated price. Where difficulties of any kind, including the failure of the Works, arise and are attributable to the lack of such complete information we shall not be liable in any way for any resulting loss or damage of any description.
  8. Obstructions
    (a) If any matter referred to in clause 7 (b)(1)-(3) or clause 7(c) displaces the Piles or prevent the Piles from being installed to or extracted from the required lines and levels without delay, damage or practical refusal, or otherwise impedes the carrying out of the Works, we shall notify the Employer.
    (b) The Employer shall be responsible for remedying at its own cost any such matter notified by us pursuant to clause 8 (a) and in such a manner that we may proceed with the Works without delay or further delay, or damage to any of our equipment by reason thereof, and so the Site is made suitable for the carrying out and completion of the Works.
    (c) We shall be entitled to be paid by the Employer in respect of all costs/loss and/or expense we incur by reason of any such matter and the remedy of it and the carrying out of any additional works we are required to carry out consequent upon any such matter (and the Contract Price shall be adjusted accordingly), and we shall be entitled to a fair and reasonable extension of time for the completion of the Works in respect of any delay caused to the completion of the Works thereby. We shall promptly advise the Employer of the amount of any such cost/loss and/or expense.
    (d) If the Employer fails to commence any works required to remedy any such matter within one week of our notice to the Employer under clause 8(a) in relation to it, or fails to carry out such remedial works expeditiously, or we are unable to agree with the Employer the nature of any additional works we consider are required consequent upon such matter and/or the amount payable for the same, we may terminate our employment under the Contract. The provisions of clause 14(a)(2)-(3) will apply to any such termination by us.
  9. Construction and measurement of Piles
    Unless we have otherwise specifically agreed with the Employer in writing:
    (a) We shall construct Piles with our normal equipment to either full penetration, or the required set as stated in our Estimate, unless they meet practical refusal beforehand (namely where in our reasonable opinion, to continue would materially damage either the Pile or our equipment), whichever shall first occur.
    (b) Each Pile position is to be set out by the Employer at least 24 hours prior to our installation of the relevant Pile as provided in our programme
    (c) Piles will be measured for payment from the toe of the Pile to the top of the Pile as pitched, or ground level, whichever is higher. The length of each Pile and any casing will be measured to the nearest 0.5 metre rounded upwards.
    (d) The Works do not include trimming of Piles down to specified cut-off levels, disposal of debris, preparation of reinforcement to subsequent constructions, any test Pile, anchor-piles or caps or making good surfaces or surrounding areas unless otherwise detailed in our Estimate. The Employer shall ensure Piles for new work are trimmed to sound concrete whatever the level.
    (e) Tolerances: In plan +/- 75mm at piling platform level. In vertical or raking 1 in 75.
    (f) We shall not be responsible for Piles being out of position or alignment on account of ground displacement or obstruction or when set out by others (except our sub-contractors), nor for any cost, damage, expense or liability suffered or incurred as a result of any change, shift, vibration or other movement in ground, ground level, adjoining land or structures except to the extent the same is caused by the proved negligence of our employees or sub-contractors.
  10. Statutory and other consents
    Unless we have otherwise specifically agreed with the Employer in writing:
    (a) The Contract Price does not make any allowance for or take into account professional
    or Local Authority fees, delays or additional works which may be required . The Employer warrants that all licences, consents, notices or other like documents required by law or the Contract in relation to the carrying out of the Works will be obtained by the Employer and served before commencement of the Works and will be maintained during the Works and the Employer shall indemnify us against any liability or proceedings arising in consequence of failure to obtain, maintain or serve the same. Where any licence, consent notice or other document is to be obtained by us under the terms of our Estimate, we shall obtain and serve it within the relevant period required by law.

    (b)The Employer also warrants that all requisite permissions and consents by the owners of adjoining properties to the carrying out of the Works have been obtained and will be maintained during the course of the Works and further that adequate insurance has been obtained by the Employer against any and all liabilities which might arise in respect of such adjoining properties in the course of performance of the Works. We shall not in any event be liable to indemnify the Employer against any such liabilities howsoever arising.
    (c) We shall not be responsible for obtaining building regulation approval in relation to the Works. Provided that the Employer has supplied to us full design criteria in relation to the Works on or before such request, we shall supply to the Employer such design information as we have in relation to the Works as may be reasonably required for obtaining building regulation approval within 14 days of the Employer’s written request to us for the same.

  11. Scheme design
    (a) Unless we have specifically agreed with the Employer in writing, our sole responsibility in relation to the design of the Works shall be to design each Pile we are to install under the terms of our Estimate so that the same will carry the load specified for it by the Employer or the Employer’s representative as stated in our Estimate. Save as provided in this clause or our Estimate the Employer shall be responsible under the Contract for the determination of the numbers of Piles we are to install, their layout at the Site, and the load each of them is to carry, and we shall have no responsibility for the design of the Works or any part thereof.
    (b) The Employer shall not vary or amend the design of the Works as identified in our Estimate without our express written consent.
    (c) We reserve the right to amend the design of any Pile provided for in our Estimate where in our opinion such amendment is necessary or desirable to meet the requirements of the Contract in relation to the same, and will advise the Employer in advance of any anticipated additional costs, loss and/or expense and extension of time for completion of the Works consequent upon the same.
    (d) In the event that we notify the Employer that we are unable to agree to any amendment to the design of the Works proposed by the Employer or the Employer is unwilling to agree to any amendment or variation of the design of any Pile proposed by us pursuant to clause 11(c) we shall be entitled upon notice in writing to the Employer to terminate our employment under the Contract. In such event, the provisions of clause 14(a)(2)-(3) shall apply to any such termination.
  12. Warranty and limitation of liability
    (a) We warrant that we shall carry out the Works in a proper workmanlike manner based upon the information provided to us by the Employer and with such reasonable skill and care as may reasonably be expected of a competent contractor experienced in carrying out similar works to the Works. All other warranties (except those given in writing by us and signed by a Director for and on behalf of the Company) whether express or implied (whether by statute or otherwise) in relation to the workmanship, design, quality or fitness for purpose of the Works or in relation to our performance of the Contract (whether or not involving negligence on our part) are hereby expressly excluded.
    (b) In the event of any breach by us of the Contract, then subject to clauses 12(c)-(g) we shall be liable to the Employer for the reasonable costs of repair, renewal and/or reinstatement of the Works required by reason of such breach to the extent that the Employer incurs such costs and/or is liable either directly or by way of financial contribution for the same. Subject to clauses 12(c)-(g), we shall not be liable for any other losses of any nature whatsoever incurred by the Employer or by any third party.
    (c) We shall be liable to the Employer for any delay caused to completion of the Works by breach by us of the Contract only if such delay exceeds one week and arises from the proved negligence of ourselves or our sub-contractors, and in no other circumstances whatsoever. Such liability shall only be for proved losses arising directly from any such breach, and shall (subject to clause 12(e)) be limited to the amount stated in our Estimate for the relevant period of delay.
    (d) Our liability under this Contract shall in any event be limited to that proportion of the Employer’s losses which it would be just and equitable to require us to pay having regard to the extent of our responsibility for the same.
    (e) Notwithstanding any other provision of the Contract (save for the provisions of clause 12(f)), our total liability under or in connection with the Contract, whether in contract, tort, for breach of statutory duty or otherwise shall not in any event exceed the amount which is 50% of the Contract Price exclusive of value added tax.
    (f) Nothing in this clause 12 shall limit the amount of our liability under or in connection with the Contract in respect of death or bodily injury to the extent that such limitation is prohibited by any rule of law.
    (g) If we agree to issue a separate guarantee in relation to physical defects in the structural Works, the rights afforded thereunder shall be in addition to, but shall not otherwise affect, the provisions of this clause 12.
  13. Indemnities
    (a) Save to the extent that we are liable therefor under clause 12 hereof, the Employer shall indemnify us against any proceedings claims or demands by any person in respect of death, personal injury, loss, damage, destruction, nuisance or trespass arising from:
    (1) any breach by the Employer or the Employer’s servants or agents of any of the Employer’s obligations under or in connection with the Contract (including without limitation any statutory duty);
    (2) any noise, vibration, shift or movement in the course or in consequence of the Works either on the Site or suffered by any adjacent structures, property or premises; or
    (3) the carrying out of the Works and/or the design, Materials or workmanship used in the Works.
    (b) All plant and machinery owned by, or under hire or bailment to us, shall while it remains on Site be at the Employer’s risk save for any loss or damage caused solely by negligence for which we are directly or vicariously responsible.
  14. Termination
    (a) In addition to any other rights we may have, if the Employer fails to provide any guarantee required pursuant to the Contract or to pay any amount payable to us under the Contract by the final date for payment of the same or commits any other material breach of the Contract and fails to remedy the same within 14 days of receipt by the Employer of a notice from us specifying such breach or becomes bankrupt or insolvent, or has an administrator or receiver appointed or compounds with his or its creditors, or being a corporation commences to be wound up, (other than by way of a member’s voluntary winding up for the purpose of amalgamation or reconstruction), or carries on his or its business under an administrator or a receiver or manager for the benefit of his or its creditors or any of them; then:
    (1) We shall be entitled at any time thereafter to terminate our employment under the Contract or suspend all or any part of the outstanding Works or any of our other obligations under the Contract; and
    (2) The Employer shall pay to us the sum representing the aggregate of the Contract Price and any other amount payable to us under any other provision of the Contract, less the amount of previous payments made by the Employer under the Contract and a fair and reasonable allowance for costs not incurred by us resultant on such termination.
    (3) We may in full or in part satisfaction of any claims under the Contract remove sell or otherwise dispose of any Piles or other Materials on Site included in the Works or additional Works (whether or not installed) without liability for any loss or damage thereby suffered by the Employer or any third party.
    (b) In the event that we terminate our employment by reason of the Employer’s failure to pay any amount due by the final date for payment of it under the Contract the Employer shall not be entitled to use or carry out any further work upon the Works carried out up to such termination until such time as any amount payable to us but unpaid has been paid to us by the Employer.
  15. Service of notices
    Any notice to be given under the Contract shall either be delivered personally (including by courier), or by registered or recorded delivery. The addresses for service of each party shall be those stated in our Estimate. A notice shall be deemed to have been served as follows:
    (a) If personally delivered, at the time of delivery;
    (b) If sent by registered post or recorded delivery, two days after the date of posting, excluding weekends and public holidays.
  16. 16. Law and jurisdiction
    (a) Whatever the nationality, residence or domicile of the Employer, the law of England shall be the law applicable to the Contract.
    (b) If any dispute or difference arises under this Contract either party may refer such dispute or difference to adjudication in accordance with the Adjudication Rules – 2000 Version 2.0 of the Technology and Construction Solicitors Association (“Rules”) provided that rule 1(i) of the Rules shall not apply.
    (c) Subject to clauses 16(b) and 16(d) all disputes and differences arising under the Contract or in connection with it shall be determined by legal proceedings in the English courts and the parties shall use their best endeavours to ensure that the matter is dealt with by a judge dealing with Technology and Construction Court business.
    (d) Subject to clause 16(b) it is a pre-condition, however, of any invocation of the jurisdiction of the Courts pursuant to clause 16(c) above by either party (except by the Company in the case of non-payment of the Contract Price or any part thereof) that any dispute between the parties shall first have been referred to mediation under the auspices of a mediator acceptable to both parties and accredited by the Centre for Dispute Resolution (“CEDR”).
    (e) Any rights of any person to enforce the terms of the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999 are excluded.
    (f) The illegality, invalidity or unenforceability of any provision of the Contract will not affect the legality, validity or enforceability of the remainder. If any such provision is found by any competent court or authority to be illegal, invalid or unenforceable the parties agree that they will substitute provisions in a form as similar to the offending provisions as is possible without thereby rendering them illegal, invalid or unenforceable.
  17. Alterations to terms
    All additions, amendments and variations to the Contract shall be binding only if in writing and signed by the duly authorised representatives of both the Employer and the Company.
  18. Acknowledgment
    The Employer acknowledges that in entering into the Contract it has not relied on any representation, warranty or other assurance made by us or on our behalf (except those set out in our Estimate) and waives all rights and remedies which, but for this clause, might otherwise be available to it in respect of any such representation warranty or assurance provided that nothing in this clause shall limit or exclude any liability for fraud.

01 January 2018

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