Consultants terms & Condition & CRF

GTR TRANSMISSION AND PROTECTION SOLUTIONS LTD
Simplifying Engineering

 

GTR Sub-Contract

Terms & Conditions

2018

 

1.       Definitions

  • In these terms and conditions (“Terms and Conditions”):-

 “AWR” shall mean the Agency Workers Regulations 2010

“the Company”, “the Contractor”, “the Client” and “the Fees” shall have the meanings set out in the Contract Confirmation Note.

“the Project” shall mean the assignment which the Contractor is engaged by the Company to perform, details of which shall be set out in the Contract Confirmation Note.

“the Project Period” shall mean the period during which the Contractor is engaged by the Company to perform the Project, which shall be set out in the Contract Confirmation Note.

“Contract Confirmation Note” shall mean the document setting out the specific terms of the contract for services together with the General Terms and Conditions.

“Operatives” means any person firm or company engaged by the Contractor or its sub-contractors in connection with the Project.

“Regulations” means the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

 

2.       The Contract

 

  • These Terms and Conditions and the Contract Confirmation Note details contain the entire agreement (*the Contract*) between the Company and the Contractor in relation to the Project and supersede any prior agreement between them. Where there is any ambiguity or difference between the terms as set out in the Contract Confirmation Note and these Terms and Conditions the former will prevail.
  • No modification or variation of these Terms and Conditions shall be effective unless a director of the Company consents in writing to such modification or variation.
  • The Company has no obligation to offer future contracts to the Contractor and if it does make any such offer, the Contractor is not obliged to accept it.
  • In the event of any ambiguity or conflict between the Contract Confirmation Note and the  Terms  and  Conditions,  the  Contract Confirmation Note takes precedence.
  • The Contractor has opted out of the Regulations and shall use its reasonable endeavors to procure that any Operative provided under these terms and conditions shall do so.

 

3.       Performance

 

  • Neither the Company nor the Client shall be entitled to or seek to exercise any supervision, direction or control over the Contractor or the operatives in the manner of performance of the Project save that the Client shall give reasonable and lawful instructions as may be needed to direct the Operative as to how the Project should be carried out.
  • The Contractor must comply with its obligations to the Operatives under Working Time Regulations 1998 and all other statutes and codes of practice and where necessary obtain any agreements to opt-out of the 48 hour working week limit. At the request of the Company the Contractor must provide evidence that it has complied with those

 

4.       Payment of  Fees and Expenses

 

  • The Contractor shall (subject to clauses 4.3 and 4.4) be paid the Fees (plus VAT if appropriate) by the Company in connection with the Subject to clause 4.2 the Company shall pay the Fee due to the Contractor by direct BACS transfer to the Contractor’s bank account.
  • Subject to clause 4.3 the Company shall pay to the Contractor for all hours worked, whether or not the Company has received payment from the Client for such hours. The Company shall not make any
    payment for hours not worked.
  • The Company is not obliged to make any payment of Fees to the Contractor unless the Contractor has submitted a relevant pro-forma invoice to the Company. Each such invoice must include any authorized expenses claimed (and, if the fees are calculated on an hourly half day or daily rate full details of the hours services provided in relation the Project); must be in a form reasonably satisfactory to the Company;   and   must   be   countersigned   by   an   authorized representative of the Client.   Such invoices must not be submitted more frequently than on a weekly basis but any invoice for fees submitted for payment more than 3 months after the work has been carried out to which the fees relate shall not be paid save where such delay is a consequence of any act or omission on the part of the Payment will be made by the Company (subject to factors beyond its control) on the first Friday not less than 3 days after receipt of the relevant invoice, or as soon as practicable thereafter.
  • Where fees are withheld in accordance with clause 4.3 the Company will in a timely fashion undertake such investigations as appropriate to resolve the issue of the withheld payment.
  • The Company reserves the right to make deductions from the Fees due to the Contractor of any amounts owing by the Contractor to the Client or the Company in respect of this or any previous contract or contracts between the Company and the Contractor.
  • The Company also reserves the right to withhold any Fees due to the Contractor where the Contractor is in breach of any obligations under clauses 5.1 and 2.

 

5.       Obligations of the Contractor

 

  • The Contractor shall (and shall procure that the Operatives shall) perform the obligations under this Contract and in relation to the Project with all reasonable skill and care. The Company shall, or shall
    ensure that its Client shall, satisfy itself that Operatives have the required skills and qualifications to perform the services before allowing Operatives to do so. The Contractor must take all reasonable
    steps to produce evidence satisfactory to the Company on request as to training and qualifications and hereby authorizes the Company to confirm the same with any relevant institutions and authorities. The Contractor shall ensure that all representations it makes as to the qualifications   and    abilities   of   the Operatives are correct, comprehensive and not misleading.
  • Subject to clauses 12.1 and 12.2 the Contractor will indemnify the Company against any breach of its obligations under clause 5.1 and will, without limitation, rectify at its own cost any defective work
    arising from any act or omission of the Operative in relation to performing the services pursuant to the Project.
  • If the Client makes any offer to any Operative providing services under the Contract to engage or employ them directly, either prior to the commencement of or during any Project or during the Relevant
    Period the Contractor must notify the Company immediately and will use all reasonable endeavors to procure that the Operative will not accept any such offer unless either the Client has agreed to pay a fee to the Company or the Client has agreed to continue to engage the Contractor or the Operative for a further period after which the Contractor or Operative may be engaged directly by the Client or through another agency. The Company shall be entitled to charge a fee to the Client if the Client introduces the Contractor or any Operative to a third party who subsequently engages the Contractor or Operative within the Relevant Period.
  • The Contractor will ensure that all tools and other equipment which it or the Operatives utilize in connection with the Project and supplied by them are in good working order and that (without limitation) any such computer equipment and associated software are compliant and licensed and contain up-to-date and effective virus protections. Any corruption of data caused by the actions of the Contractor or any Operatives must be put right by the Contractor at its own cost save where such actions were taken at the direction of the Client.

 

6.       Termination

 

  • This Contract shall terminate on the occurrence of any one of the following:
  • Immediately upon written notification by either party if the other commits any serious irremediable breach of contract.
  • Immediately upon written notification by either party if the other commits any serious but remediable breach of the Contract and fails to remedy such breach within the period of 21 days from the service on the party of a notice specifying the breach and requiring it to be remedied;
  • Immediately if the  Client  or the Contractor  becomes  bankrupt, insolvent or becomes the subject of a receiving or Winding-up order, makes any composition with its creditors or has an administrative receiver appointed over all or part of its undertaking or assets;
  • At the end of the Project Period (if this is a fixed period of time without notice).
  • If the Project Period is not a fixed period of time, upon either the Company or the Contractor giving the other party 7 days’ notice or otherwise such notice as provided for in the Confirmation Note.
  • On termination of a Project for any reason, the Contractor shall remain entitled to be paid the Fees in respect of all services executed or partly executed prior to the date of termination of the Contract subject to compliance with those Terms and Conditions.

7.       Confidential Information and Copyright

 

  • Both during the Project Period and for the period of 5 years afterwards (or for such longer period as may be prescribed under the Project) at all times afterwards the Contractor must treat as confidential and must not at any time disclose (save as may be required by law) to any person (except those to whom disclosure is authorized by the Client) or use any information of a secret, private or confidential nature or any trade secrets belonging to the Client if such information or secret comes to the Contractor’s attention whilst or as a result of providing its services under this Contract. The Contractor will procure that the Operatives also observe these provisions.
  • On demand and in any event when this Contract ends the Contractor must return to the Client all documents and other property belonging to the Client that is (or last was) in its possession or control.
  • If at any time whilst performing its obligations under this contract the Contractor (or any Operative) originates any design (whether registered or not) or other work in which copyright may subsist it must promptly disclose it to the Client. In consideration of the Company entering into this Contract, the Contractor assigns (and will procure that any relevant Operative assigns) to the Client by way of future assignment all copyright and other proprietary rights (if any) for the full terms thereof throughout the world in respect of all such copyright designs and

 

  • The Contractor shall and will procure any Operative shall enter into specific terms of confidentiality as required by the Company and/or

 

8.       Relationship Between the Parties

 

  • The Company is an employment business and nothing herein shall constitute the relationship of employer and employee or a partnership between the Company and the Contractor or the Operatives, or between the Client and the Contractor or the Operatives.
  • The Contractor warrants (and shall procure that the Operatives warrant) that:-
  • The Operatives do not have (in relation to the Company or the Client) any of the statutory or common law rights or protections of an employee nor any rights under AWR;
  • Neither the Contractor nor the Operatives is entitled to any payment from the Company whilst services are not being performed due to illness or holidays or have (in relation to the Company or the Client) any protection under the legislation relating to unfair dismissal and
  • The Operatives are not subject to the rules or procedures or will receive the pay or benefits applicable to employees of the Client or the Company whether pursuant to AWR or otherwise.
  • The Contractor will at all times during the continuance of this Contract be responsible for all corporation tax, PAYE, Income Tax and National Insurance Contributions and any other taxes or duties which may be payable in respect of the Fees and any payments made by the Contractor to the Operatives.
  • The Contractor will duly account to the relevant governmental or statutory department for all taxes due from it and shall keep the Company indemnified in respect thereof and in respect of any taxes or duties which may be chargeable.
  • The Contractor and Operative each acknowledge and accept that the Company enters into this Contract on the basis that the terms of this clause 8 are a condition precedent of the Contract.

 

9.       Assignment of the Contract

 

  • The Contractor is not obliged to provide the services of any named Operative in relation to the Project and may, subject always to clause 1, assign or sub-contract its rights and obligations under this contract
    but the Contractor will remain liable for the acts and omissions of its sub-contractors and assignees save to the extent such acts or omissions arose from a breach of the Terms and Conditions by the Company.
  • The Company shall be entitled to transfer or assign the benefit and/or burden of this Contract.
  • Nothing in this contract shall prohibit the Contractor from providing its services and those of the Operatives to any person or organization other than the Company or the Client.

 

10.   Health And Safety

 

  • The Company accepts no responsibility for the health, safety and protection from injury of the Contractor or the Operatives or any of their property while performing services in connection with the Project  (save  where  personal   injury  or death   results  from  the negligence of the Company).
  • The Contractor will (and will procure that the Operatives will) take all reasonable steps to safeguard the safety of the Operatives and the safety of any other persons who may be affected by their actions in
    connection with the Project.

11.   Insurances

 

  • During the currency of this Contract the Contractor shall ensure that the Contractor and the Operatives are adequately insured against Public, Employers, Professional Indemnity and , Road Traffic and other relevant liabilities and will provide evidence of such cover that is satisfactory to the Company on request provided that where Professional Indemnity, Road Traffic or other insurance is required for a Project (save for public liability and employer’s liability insurance which shall be maintained at all times) such a requirement shall be specified by the Company in the Contract Confirmation Note in order that the parties can ensure appropriate insurances are in place without prejudice to the generality of the foregoing, the minimum level of professional indemnity insurance cover where applicable, shall be £50,000 for each and every claim.
  • If the Company and/or Client shall require the Operatives to work outside United Kingdom this shall be agreed in advance with the Contractor (for which additional insurances may be required).

 

12.   Liability & Indemnity

 

  • In no event shall the aggregate liability of either party for any and all claims (in contract, tort, negligence, breach of statutory duty or otherwise) for any loss, damage, costs or expenses of any nature howsoever incurred or suffered by any person exceed the total amount payable in respect of each Project or Contract or £50,000 whichever is greater save for any claims brought pursuant to clauses 12.4 or 12.5 below to which this cap shall not apply.
  • Neither party shall be liable for any indirect or consequential loss, damage, costs or expenses incurred or suffered by any person (however caused), including any loss of profits, turnover, business or goodwill suffered or incurred by any person.
  • Subject to clause 12.1 the Contractor will indemnify the Company against all claims for direct loss against the Company by the Client arising out of any breach of this Contract by the Contractor.
  • In the event of any claim arising out of any breach of clauses 8.1 to 8.4 (inclusive) by the Contractor and/or Operative, the Contractor and/or Operative shall indemnify the Company against any claim whatsoever
    or howsoever arising there from.
  • The Contractor shall indemnify the Company in the event of any claim brought by an Operative and/or the Client against the Company arising out of the supply of any Operative under Regulation 10 of the AWR or
    any other claim under AWR as a result of any act or omission of the

13.   General

 

  • All warranties, conditions or other terms implied by statute or common law are hereby expressly excluded and, without prejudice to the generality of the foregoing, the Company shall not be liable for any act or omission of the Contractor and/or the Operatives save for acts or omissions arising as a result of breach by the Company or its obligations pursuant to the Contract.
  • If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions hereof and the remainder of the provision in question shall not be affected thereby.
  • These Terms and Conditions shall be governed by and construed in accordance with United Kingdom law.
  • These Terms and Conditions shall be governed by and construed in accordance with United Kingdom law.
  • The expiration or termination of the Contract, howsoever arising, shall not operate to affect such of the provisions of this Contract as are expressed to operate after then.
  • Any notice to be given by one part to the other hereunder shall either:
  • be communicated verbally initially and confirmed in writing immediately; or
  • be communicated verbally initially and confirmed in writing immediately; or
  • be communicated directly in writing.
  • All written correspondence shall be addressed to that party at the address set out in these Terms and Conditions or such other address as may be notified to the other party from time to time for the purposes of this clause and shall be given by delivery or sent by prepaid recorded delivery and shall be deemed to have been received on the day of delivery or within 72 hours of posting.
PERSONAL INFORMATION
Name:
Address:
Tel – Mobile:
Tel – Home:
Email:
Emergency Contact Person & Relationship:
Emergency Contact Person Tel:
Date of Birth:
Nationality/Visa Type/Permit/Expiry Date/Notese.g. British Passport/EU Passport/Tier 1, etc – Please attach copies
Proof of Address (e.g. 2 utility bills)Please attach copies
Proof of National Insurance Number:Please attach copy of proof of your NI number in use, eg. P45, P60, correspondence from HMRC
Valid UK/ EU Driving Licence:e.g. Full UK – Clean
Insurance Cover (Yes or No):              (If yes, attach certificates, if no, go to www.energycontractors.co.uk)
LIMITED COMPANY & VAT (Please complete only if you have a Limited Company)
Limited Company Name & No:
Registered Address of Company:
VAT No & Certificate:Please attach copy of Certificate
PAYEE STAFF
P45 / P60 certificates: (Please attach)
National Insurance Number:
QUALIFICATIONS & BACKGROUND
Qualifications(e.g. Degree, Diploma, etc. – please attach)
Certifications & Accreditations(Please attach)
Training certificates(Please attach)
REFEREES
Most Recent Previous Employer Name, Tel No and Email address:
2nd Most Recent Previous Employer Name, Tel No and Email Address:
EXPERIENCE
Level of Experience:Commissioning Engineer Type                              circle  One               TP141 Commissioning Engineer    Basic  / Advanced

Commissioning Engineer    Basic  / Advanced

Commissioning Technician      Basic  / Advanced

Other – Please state:

BESC No & Expiry Date:
Person/Competent Person Expiry Date:
Other Authorisations Expiry Date(s): (eg. TP141 etc)
Safety Passport No/ECS/CSCS Expiry Date(s):
SKILLS
Summary of Skills:
Work & Voltage Level:
Distance Protection:
Gas Insulated Switch Gear (GIS):
Air Insulated Switch Gear (AIS):
Motor:
Generator:
Relays:
GENERAL
Is the candidate happy to undertake a CRB or security clearance check?
Does the candidate hold a current Drugs & Alcohol certificate?If so, please attach
What competencies/tickets does the candidate currently hold?e.g. PTS, LUCAS, 11kV SAP, medical, etc…(Include Expiry Dates)
CURRENT WORK
Name of Company:
Project:
Start Date & End Date:
Future Jobs Confirmed:
Current Rate:
Training Commitments:
Holiday Commitments:
Are you happy to undertake a Sanctions Check (Sanctions checks are searches that include government sanction databases that identify individuals who are prohibited from certain activities or industries.) Currently only required for Siemens works.

COMPANY DOCUMENTS

Invoices and Timesheets
Please email your Invoice and accompanying duly-authorised Timesheet(s) to and timesheets@gtr-uk.com by the Monday after the week worked. Please include your payment account details clearly on your Invoice. If applicable, Expenses form to be completed and emailed to and timesheets@gtr-uk.com by the Monday following the week claimed. All receipts must be provided.

Leave forms
Please email any leave request forms to paula@gtr-uk.com.

Equal Opportunities

GTR Transmission & Protection Solutions Ltd is committed to a policy of equal opportunities for all work seekers and shall adhere to such a policy at all times and will review on an ongoing basis to avoid unlawful or undesirable discrimination. We will treat everyone equally irrespective of sex, sexual orientation, marital or civil partnership status, age, disability, colour, race, nationality, ethnic or national origin, religion or belief, political beliefs or membership or non-membership of a Trade Union and we place an obligation upon all staff to respect and act in accordance with the policy.

GTR shall not discriminate unlawfully when deciding which candidate is submitted for an assignment. GTR will ensure that each candidate is assessed only in accordance with the candidate’s merits, qualifications and ability to perform the relevant duties required.
Health and Disability

The following questions are asked to find out your needs in terms of reasonable adjustments to access our service and to perform the job or position sought.

Do you have any health issues or a disability relevant which may make it difficult for you to carry out the functions which are essential for the role you seek?
Yes/No* please delete as applicable –  if yes, please specify


Criminal Convictions

Do you have any unspent criminal convictions? Failure to declare a conviction may require us to exclude you from our database or terminate an assignment if the offence is not declared but later comes to light.
Yes/No* please delete as applicable –  if yes, please specify

 

Data Protection Statement

The information that you provide on this form and on any CV given will be used by GTR Transmission & Protection Solutions Ltd to provide you work-finding services. In providing this service to you, you consent to your personal data being included on a computerised database. Please see GTR terms and conditions. We may check the information collected with third parties or with other information held by us. Please see gdpr-privacy-notice.

Signed, or please type your name here if emailed:
Date: