All quotations are made and all orders are accepted subject to the following conditions, not withstanding any statements made to the contrary in Customer's order form or in correspondence and not withstanding any representation whether written or oral made by or on behalf of the Company.
The Company reserves the right at any time to refuse to accept orders and cancel any incomplete orders or suspend any delivery, due to circumstances beyond its control. A charge of up to 30% of the invoice price shall be made should the Customer cancel without the written agreement of the Company. (Such charges to cover loss of profit incurred by the Company)
Payment terms are 14 days from the date of invoice. Other terms are only given under separate agreement and may be withdrawn at the discretion of the Company.
Timesheets must be completed by the contractor and signed by the Customer on a weekly basis. A copy should be kept with the customer and two with the contractor, one of which will be sent along with the invoice.
Elmhurst Group Limited assumes responsibility for the payment of remuneration, deduction and payment of all statuary contributions in respect of Earnings Related Insurance and the administration of Schedule E Income Tax (PAYE), applicable to the contractor as required by law.
Elmhurst Group Limited may require certain expenses to be paid by the customer that the contractor may incur. These expenses will be agreed prior to the expenditure and invoices for which are bound by the payment terms within the standard terms and conditions.
The engagement or use by a Customer of a contractor or former contractor introduced by Elmhurst Group Limited, whether for a definite or indefinite period, or the introduction of such contractor to other employers with a resulting engagement, (or where applicable if the contractor has become incorporated under a limited company, the engagement use or introduction of that limited company) renders the Customer subject to the payment of an introduction fee calculated at 15% of the annual commencing gross taxable remuneration and taxable emoluments, payable by the Customer to Elmhurst Group Limited, provided that the engagement takes place within a period of 6 months from the termination of any temporary assignment, or within 6 months of the introduction of the contractor, whichever is later. Where the amount of the annual commencing remuneration is not readily ascertainable, the fee will be calculated as a multiple of 200 times the hourly charge at which the contractor was last supplied to the Customer by the Elmhurst Group Limited. No refund of the introduction fee will be made by Elmhurst Group Limited to the Customer in the event of the subsequent termination of such engagement.
The customer must ensure at all times that the contractor is made aware of Health and Safety procedures in the same manner they would for their own employees as part of the statutory health and safety laws.
All hours quoted for are fixed and if no extra hours are worked no additional charges will be incurred. If the contractor exceeds the fixed hours then overtime rates will apply. These rates are one and one third for standard overtime two hours either side of the standard fixed working day. Other hours are charged at one and half apart from Sundays, which are two times, and Bank Holidays, which are three times. Overtime is at the discretion of the contractor and cannot be enforced.
Termination of the contract must be made in writing and the termination fee will be calculated at 30% of the remaining contract. Confirmation of termination will be sent to the customer once approved by a director (or authoritive substitute). The customer must adhere to the notice period that was agreed within the quotation for services. If the contract is to be terminated due for a performance reason where the contractor has failed to reach the standards expected by the customer, the customer must at first contact the Project Manager for the project to discuss the situation. If an agreement cannot be reached or an alternative contractor will not be accepted then the contract may be terminated prematurely with written authorisation from a Director (or authoritive substitute).
No variation can be made to these Terms and Conditions without the written consent of a Director of Elmhurst Group Limited.