Terms & Conditions – Standard Assumptions

 

Retention of Title

Ownership and title to the written work and services supplied do not pass from Eric Cooper The Manualwriter whether used or not, until payment is made in full.

 

All written work will remain the property of Eric Cooper The Manualwriter until such time that it has been paid for in full at the agreed price and within the payment days agreed beforehand. 

 

In the event of late or non-payment, documents will be recalled and not issued in any format or derivate.

 

When re-called documents have already issued, Eric Cooper The Manualwriter will seek payment directly from the Main Contractor or their customer using a Garnishee Order.

 

Garnishee Order with reluctance 

A third-party debt order is a way of enforcing a County Court Judgement against an individual or company and made to prevent a debtor from making payments

 

In the event of non or protected payment issues, The Manualwriter will seek payment directly from the client in the event that the sub-contractor employing The Manualwriter with holds payments.

 

Note: Some of the following services are available:

Design work to construct the initial template to the customer's specifications, 
no further charges on subsequent jobs using the same design will apply 

                         

Extra work incurred as a result of a substantial deviation from the agreed O&M Manual layout. Including instances when another subsequently replaces one client's Manual design. This work charged at our day rate.

 


New work resulting from an increase in the number of subcontractors/works packages from the amount initially quoted.

 

Additional Hard Copy printing is quoted as a separate item and discussed beforehand






Gathering of information relating to the parts or materials of larger items or non-Operation, 
Maintenance or Health and Safety information such as chain of custody info. 


 

Conversion of subcontractor information not received on the agreed template layout. Extra work to be charged at a day rate.

 

Checking, scanning or conversion of printed manuals. All received content in electronic format.




Copying or re-typing of the manufacturer's literature to be included within the main text of the manual.




Editing / précising of manufacturer's documentation.




Site visits (see “Extra Services Rates” below). 




Corrections to manuals as a result of out of date or inaccurate information received from the Order Placing Customer or subcontractors acting for them. Extra work charged at our day rate

 


Changes resulting from late or multiple comments after the free review period

 


Additional work resulting from deadlines that changed at short notice.




Other works incurred as a result of our client or their subcontractors not returning the required information or 
returning it later than the date requested by us. The majority of the data can be sent early with only the last-minute information to follow on then. If subcontractors do not produce the required information in the required time, the task of creating outstanding knowledge falls to the main contractor.


 

Required before Processing

 

Order Confirmation

When our quotation is accepted, we require confirmation of your intention to engage us, firstly employing a phone call or email so that we can get start work as early as possible and then issuing official order. Please ensure that the agreed payment terms are included on that covering order.

 

Stage Payments 

Where agreed, stage payments received in line with scheduling; each stage payment received before proceeding to the next stage of production

 

Initial information 

Such as start and finish dates, project name, site address, subcontractor directory, your client representative contact details, and CDMC contact details. This information supplied promptly. If we are kept waiting, unable to start work, wasted time is charged




Introduction to your subcontractors. 

Ensure that your subcontractors are aware that we are compiling the manuals on your behalf. 


 

Support from the Client

During the process of compiling the Manual we request information from yourselves and your subcontractors and if applicable their subcontractors. If this information is not forthcoming, we require that you become involved to put pressure on them to deliver.

 

Because you are in a better position to obtain the required information because you are employing them, this is only required if they ignore our requests. 


 

Notification of Additional Variations

Changes in the scope of works and the subcontractor directory incorporated into the Manuals.

 

Extra Service Rates

Standard Day rate: £350 per day. The minimum charge is 1⁄2 day. 


 

Extra Subcontractors

If there are more subcontractors than initially quoted for then, clients charged 
accordingly. Cost depends upon the job and subcontractor. 


 

Late information charges

If we are unable to proceed with compiling documents due to our client not 
providing available information promptly there will be extra charges based on a percentage of the job cost and 
the degree of delay, will be calculated per job and agreed with the client before being charged. 


 

Site visits: £350 per day plus travel and, accommodation costs when instructed

 

Printed Interim Draft Manuals for Review

If these are required instead as the standard pdf format, then the 
additional printing costs above apply along with a day rate charge that will depend upon the size of the 
manual. 


 

Costs incurred while attempting to obtain payment for overdue invoices. 

 

These may be third party costs or our own. 


 

Building User Guides from O&M Manuals produced by others 

In the case of compiling a Building User Guide from an existing poorly organised or incomplete O&M Manual done by others, there will be extra charges calculated on a day rate. 


 

Repetitive failure to provide the information requested to complete O&M Manuals

To be calculated on a job-by-job basis. These charges 
will increase as time progresses. 


 

Documentation Review Period

Following the presentation of a Review Draft, a further one calendar month will be made available for amendments and additions; thereafter, additional work could be subjected to an additional charge.

 

Retention – Payment hostage

Where Practical Completion has been certified, outstanding O&M manuals constitute a post-completion documentation matter and do not invalidate PC nor justify continued retention withholding unless expressly stated in the contract.

 

Presentation of Test Certificates and As Fitted Drawings upon O&M Manual publication

 

The cost of including completed testing and commissioning certification and as fitted drawings are not included in the presentation of this O&M Manual unless agreed separately and beforehand.

 

In order to accommodate these documents, separate headed empty files are included within the O&M Manual for such articles to be inserted by the installing contractor when available or updated.

Payment Terms

Please note that quotation is subject to payment terms of 30 days from date of invoice.

 

Acceptance of the quotation mean that you agree to abide by these terms. 

 

Failure to pay within the terms as identified above may result in additional charges being made for late payment.