Terms and Conditions - Supply of Personnel

1. Definitions
1.1 In these terms and conditions (and in any document to which reference is made in these conditions)

‘The Client’ means any person, firm or company to whom the Company provides operational staff including on track safety personnel
‘The Company’ means Infrasafe Limited or its successors or assigns from time to time
‘Personnel’ means any personnel who are supplied by the Company to the Client for any operation including on track safety work
‘Employee’ means a single employee of the Company providing the stated service
‘On Track Safety’ means any safety critical activity on the railway infrastructure for which on track safety personnel are required

2. General Conditions
2.1 These conditions shall govern all contracts unless other conditions are specifically agreed between the Client and the Company.
2.2 The allocation of work by the Client to the Company’s personnel will be deemed acceptance by the Client of these conditions.
2.3 No variation of these conditions shall be effective unless agreed in writing and signed by a Director of the Company or his nominated representative. No other action on behalf of the Company shall be deemed as acceptance of any other conditions.
2.4 These conditions embody the entire understanding of the parties and supersede any prior contracts or agreements.
2.5 The Company reserves the right to withhold the provision of services covered by these terms and conditions if the Client fails to comply with these conditions, becomes bankrupt or insolvent or a resolution is passed for the winding up or has an administrator or receiver appointed over any part of the undertaking or assets

3. The Services Provided
3.1 Unless otherwise stated the rates are exclusive of any applicable value added tax and/or other applicable duties that the Client shall be liable to pay to the Company. Value added tax and/or any other applicable duties will be charged at the date on which the invoice is issued to the Client.
3.2 If the Client cancels or changes the work requirements for the Company’s Personnel such that the service originally agreed by the Client cannot be provided and the Client fails to give the Company at least 48 hours notice prior the agreed start of work, the Company reserves the right to charge the Client in full for the provision of such service.
3.3 Unless otherwise stated in the contract, if the Company’s Personnel are required by the Client to provide their services for a period of less than eight hours per Employee, the Client will pay the Company for a minimum of eight hours at the appropriate rate for the supply of the service.
3.4 Unless otherwise stated in the contract the Client shall promptly sign a weekly timesheet for all hours worked by the Company’s Personnel. Such a signature constitutes acceptance that the Employee’s services have been provided for the hours indicated on the timesheet and that such services have been provided to the Client’s satisfaction.
3.5 The Client will be responsible for paying only those expenses that have been agreed in writing by the Client prior to the expenses being incurred.

4. Payment of Fees and Expenses
4.1. The Client shall pay all invoices rendered for the charges within 30 days of the date of the invoice. Receipt for payment will be issued only on request.
4.2. Failure by the Client to pay the Company under these conditions shall constitute a failure to comply and will entitle the Company to evoke Condition 4.3.
4.3. If the Client fails to comply with condition 4.1 the Company reserves the right to:

Withdraw supply of services without notice
Charge the Client interest on the amount unpaid at the rate of 5% per annum above the Barclays Bank plc base rate calculated on a daily basis from the due date until payment in full is made
4.4. In such circumstances the Company shall not be liable for any losses incurred by the Client in relation to the non-provision of services.

5. Liability
5.1 Unless otherwise stated in the Contract, the Company is not responsible for any liabilities, claims, losses, damages, costs, expenses or actions that arise out of the supply of personnel and any acts, omissions, negligence or default of the Company’s Employees.

6. Health and Safety
6.1 The Client shall discharge all statutory and industry health and safety duties required in relation to the Company’s Employee.
6.2 The Client shall at all times comply with the statutory and industry standards on controlling working hours for supplied personnel. In the event that the Client wishes to use the services of the Company’s operatives in excess of those limits this must only be done with the prior agreement of the Company.
6.3 Unless otherwise agreed in the Contract the Client is responsible for providing the services of an approved provider of drugs and alcohol screening of any of the Company’s personnel required by industry standards in relation to a work activity.

7. Equipment
7.1 Unless otherwise stated in the Contract, the Company shall provide the Personnel with the necessary clothing, Personal Protective Equipment (PPE) and safety equipment. The Client is responsible for advising the Company, prior to any work taking place, of any special requirements for PPE, clothing or safety equipment and any special risks associated with provision of the service.

8. Termination
8.1 If the Company’s personnel shall fail to render the services with that degree of competence that was reasonably anticipated by the Client in agreeing the rates, then the Client may give notice to the Company terminating the services forthwith.