Terms And conditions as of 2018
Joules Newell (Acoustic Engineering Lda). MIOA. MinstSCE.
Effective from January 1 2018
All payments are either cash with order, or agreed staged payments. we do not offer credit terms as the nature of our work is completely non retrievable in the unlikely event of payment issues.
Our track record is our guarantee that we deliver what we say, when we say, for what we charge.
No work nor planning will commence without payment having been made.
In the case of providing studio construction, advance payments for tooling costs, consumables, and supplies must be made up to four weeks prior to commencement of the project.
In the event of us supplying materials, materials payments must be made prior to us ordering the materials, this time-scale will depend on specific transport and materials.
In the case of staged payments there will be no more than three stages of payment (unless otherwise agreed) each of which must be paid at the agreed time. Failure to pay at the agreed time will result in immediate stoppage of all work and the responsibility for all incurred costs and delays.
Supply of labour is subject to the subcontract rates of our individual specialist workers. The make-up of such a team depends on the tasks being carried out and prices vary depending on who we supply, and when. Labour rates are paid in advance. We reserve the right to substitute any worker when we see fit to do so.
Conditions of service.
I, Us, We. Being J. Newell Acoustic Engineering (Unipessoal) Lda, or any representative thereof.
The client, being the business, or person procuring the services of the above, and selling them to the below.
The customer, being the person purchasing the final installed product.
Any quotation for services will not include the following items, unless otherwise specified. Such items will be billed in addition to our services.
Specialist access equipment, such as tower scaffolding, or mobile platforms.
Powered access systems, such as scissor lifts, or cherry pickers.
Vehicles for the transportation of items other than personnel and their own tools.
Consumables of any type, which can include any tool that may not be expected to last more than a short period when used in the manner required.
Specialist clothing or PPE that are job specific.
Any item required by the main contractor, regulator, or client that is not normally required in this line of work.
Any tool not normally carried in a standard installation toolbox, which may be required for a specific operation, or for the installation of a particular item.
Accommodation, unless specified.
The client will be expected to cover the costs of all the above.
Transportation of personnel, and tools will be charged at the specified rate.
Transportation will be charged from the place of residence (operating base) of the persons involved, irrespective of where they may be located at any particular moment in time and will be a return journey back to that point or pre-arranged other destination, irrespective of where they may actually go on to, unless the contract in question is a series of jobs and includes accommodation.
Any goods not owned by us accepted for transportation will be transported at the risk of the owner of the goods. Our employee transporting the goods shall not be held responsible for the well-being of those goods whilst being transported. No responsibility for loss or damage will be accepted, goods will not be insured in transit or storage and liability will not be held.
It will be the responsibility of the client to ensure that suitable vehicular access is provided to the venue, and any excessive costs involved in accessing the site will be passed on to the client once they have been assessed.
This will include clamping, towing, and release fees if the vehicle is clamped or towed whilst parked in the legitimate service access of the venue being attended.
For jobs further than 1 hour from base.
Under no circumstances must the end customer be given an exact arrival hour for an operative, unless that job has been specified to take place at a set time.
Normally jobs will be specified as, Morning, Lunchtime, Afternoon or Evening. Whilst every effort will be made to arrive at the job punctually, the current state of traffic can effect arrival times.
We will not be held responsible for delays incurred due to traffic or transport issues, or indeed failure to attend or complete jobs due to delays incurred Travelling.
For specified times. In order to guarantee punctual arrival, it may be necessary to arrive the previous night, and use local accommodation. When necessary it will be specified, and the client will be expected to provide such facility.
For jobs not specified by ourselves, the client will be responsible for the supply of all information relating to the job. Failure to pass on all relevant facts may result in an inability to complete the required task. In the event of such an occurrence the client will be responsible for additional expenses incurred.
The client must specify any deadlines that exist on the job before contracting my services. Failure to inform us of such deadlines may mean that a job will not be completed on time, or may not be able to take place at all. In such an event the client will still be liable for all costs incurred, We will have no responsibility for any consequences of such a failure.
We recommend that if the client has any doubt, they should request that we be involved in the specification of the job.
It is the client’s responsibility to inform us of any restrictions in place on site, and to any special requirements of the job.
Where we supply labour only:
Responsibility for insurance of the job will lie with the client. Whilst all due care will be taken during installation of equipment, it is routine on jobs of significant size for minor knocks, bumps, and scrapes to occur to both the equipment being installed, and the property to which it is being installed. Therefore, we can hold no responsibility for damage, or injury that may occur as a result of a risk normally involved in carrying out a task related to the job in question, or any resulting losses. By accepting the supply of our services the client indemnifies us of such responsibility, and must ensure that as we work under their jurisdiction, their insurance will cover themselves for our actions on their behalf.
This indemnity will not be expected to cover acts of recklessness or gross negligence on our part
Where the client or customer specify a method of installation, or materials to be used, they must accept liability for any unforeseen consequences of this specification, not arising from bad installation practices.
6. Materials, when not included in the overall supply contract.
The client must undertake to supply all materials required to carry out the specified tasks, as specified by ourselves.
In instances where we are sole representative or project manager on site the client must make available to us all necessary purchasing powers and accounts to enable us to efficiently carry out the task in hand on their behalf.
By accepting our supply of services the client accepts that we may incur additional minor costs on their behalf for the purchase of materials to efficiently complete the job, and authorizes us to do so.
These costs if incurred by us will appear on the final invoice, in excess to the amount initially estimated. Where the additional costs exceed two hundred Pounds/Euro/Dollars we will inform the client of the need for extra materials, and request purchasing authority.
On jobs longer than a couple of days, or ongoing consecutive jobs that require intermediate overnight accommodation The supply of an individual hotel room or commercially let apartment of acceptable standard, plus breakfast will be expected.
The client must ensure that the accommodation is accessible at the time we expect to arrive, and does not close its doors before our possible arrival time.
We will not be responsible for incurred costs should we get to the hotel after its closure. Longer term jobs will be expected to provide away from home expenses.
8. Working hours.
The contracted days labour will be supplied on an 7 -10 hour working day irrespective of as to whether any job actually took that long.
For multiple working days it may be acceptable to average a 10 hour day over a week only subject to prior agreement. All meals and breaks will be included in the working day and be taken at a time convenient to the project manager.
The working day will start from when we leave the accommodation, and continue until we return to our accommodation no breaks or pauses will be deducted. All driving hours will be included.
Beyond a weekly total of 48 hours there will be an overtime charge.
Any individual day exceeding 12 hours will also incur an excess charge if this is ever authorised at all
Working beyond the standard times will require prior agreement.
Jobs which involve longer term stays away from home where a rest day is included will include all facilities, expenses and costs of a working day minus the worker's actual daily working rate - Thus all travel, hotel, meals, and other facilities must continue to be provided without restriction nor question.
All travel time is legally work and is to be charged as such irrespective of distance from home.
Should anyone need to attend to personal matters during a working day, it will be deducted from the working hours at our discretion without debate. When away from home for extended periods (longer than 1 week) attending to personal administrative matters shall be classed as work for all workers and there shall be no question as to whether that person is working or not.
Any job that requires a night time attendance will incur a surcharge, and will not extend beyond midnight unless by specific prior arrangement.
The client must agree that we may, should we so require, provide a similarly skilled substitute worker of our choosing without impacting upon any terms of our contract. The only requirement be that they complete the task in question to the required standard and time-frame.
10. Visa and Customs Requirements.
The client shall be responsible for arranging all necessary visa and customs clearance or costs required for the job to be carried out in an official and legal manner.
In the case of an extension of contract, or delay. The client shall be responsible for ensuring that all necessary visa and customs extensions are arranged in a timely manner.
In the event of delays not under our control, additional requested work, or other complications not of our making where the visa cannot be extended, the client shall without undue complication or delay, pay the remainder of all monies agreed at the commencement of the contract. We shall also be relinquished of all contractual duties to deliver or complete any tasks or unfinished work.
The client shall be responsible for any customs charges related to broken, lost, or replaced tools, plus importation costs of any tools we were required to buy in order to carry out our work.
11. Travel arrangements.
No travel further than about two hours duration shall be by means of what is termed “budget airline”, no travel may be by Ryanair. All such flights shall be by standard commercial mainstream carrier. In the event that the job requires a long haul flight, a business class ticket must be provided for management operatives or consultants.
The client shall be responsible for the arrangement of all transport to and from the job. This shall include international transport at the beginning and end of the contract, plus any international transport for pre and post contract planning, meetings, evaluations, and servicing. Should we have prior arranged or essential requirement for returning home, or other contract that was known about, and mentioned before the job commenced. This travel expense shall also be covered by the client.
Day to day travel. All expense incurred in travelling from our temporary place of residence to the site of work shall be covered in full by the client. If vehicular travel to the airport at the point of departure is required this will be added to the travel costs, including any airport parking charges.
Intermediate travel requirements should also be the responsibility of the client. Where workers require periodic return to home rest periods all such travel shall be included. It is common for longer term projects to include bi-monthly rest periods where workers are allocated up to 1 week home leave.
12. Arrival by vehicle.
Should the need arise to travel by car (usually bringing tools) the client shall be expected to cover all vehicular costs, and ensure that any special import, or customs requirements are met. The client shall be responsible for all necessary parking charges should they occur.
Where vehicular travel is required, but importation or shipping of our own vehicles not possible a hire car of the correct type shall be provided by the client.
13. Long term accommodation.
For short term contracts a clean, comfortable, spacious hotel shall be provided which has all the usual modern facilities, such as TV, en-suite bathroom, refreshment facilities, telephone, and if possible an internet connection.
For long term contract of 1 month or greater it is preferred that a short term commercially let fully furnished apartment be arranged. This should have cooking, washing, clothes washing, high speed (greater than 20mb) internet and TV. An apartment hotel is suitable as long as the facilities are available. As we spend half of our life working on such contracts, having basic living conditions is essential.
The cost of a breakfast and a single evening meal allowance shall be included in each day’s accommodation budget.
Depending upon contract we may need to temporarily import all our tools and working equipment. It shall be the responsibility of the client to ensure that this is possible, and can be done within the time-scale required. The client shall pay all shipping costs and arrange all customs and temporary import permissions.
The client shall ensure that our tools and equipment are shipped within a reasonable time-scale. Any delays in returning the tools beyond the normal agreed limit of 1 week for international pallet delivery shall be charged to the client at one full day’s work per day the tools are late beyond the expected arrival date. In the case of overseas jobs tools delivery time-scales MUST be agreed before shipping is made, additional costs will only be incurred beyond this
The client shall be expected to pay for, as part of the job budget originally agreed, all consumable items, wear, and accessories for our tools. Items such as saw blades, drill bits, replacement batteries, and any other wear and tear item that one would expect to be used on the job shall be provided, thus any tooling or consumable item in the original project cost shall remain the property of Newell Acoustic Engineering Lda at all times.
The client shall ensure that secure storage and working conditions are provided. Loss of tools due to unauthorized access to the work site, or forced entry of the work site will be charged to the client. If the client has concerns of site security the client must provide a stated safe procedure, place or alternative. Should the client see fit, the client should insure the working site for theft of equipment.
15. Ownership of consumables.
To prevent petty argument, delays, and discussion, the client will accept that our standard tool kit may contain stocks of minor undocumented consumables to be used as needed. The presence of these items sometimes saves many hours’ delay and they are often supplied as and when needed to efficiently carry out the work, therefore when we are managing a job and providing working equipment we should also be allowed free access to all the on-site consumables belonging to the project, specified for the job, and able to recover our used stock or similar from these supplies. When we are in sole control of a project it will be accepted that any consumables that subsequently remain in a similar, but not necessarily identical, quantity to what was there at the start of the project that remain with our equipment at the end of the job and which remain surplus to requirements will become part of our equipment. This is usually small low quantity, low value items specified for the job yet not fully utilised. Large value items are not included in this arrangement. Where the contract includes supply of services and materials to achieve a set result (such as a functioning recording studio) all unused extra materials not deemed waste or studio operating stock remaining will remain the property of Newell Acoustic Engineering. It is common for us to over-supply quantities to site to avoid delays if minor quantities are missing or quantity calculations were slightly off, as a consequence there may be many materials on site that are not the property of the customer and were not included or paid for, as such there will be no discussion as to the ownership of any unused materials we return to our operating base at the end of the contract,
16. Site safety and conditions.
The client must ensure that a safe and clean working environment is provided. Sanitary facilities (toilet and washing) shall be available 100% of the time we are working on site. Clean drinking water and a stable electricity supply must be available permanently. The work site should be secure, clean, unpolluted, and free from outside interference at all times. The client shall provide all safety equipment that we specify beyond that we normally supply.
All site work where we have the position of Project manager must be carried out in accordance with the construction site guidelines outlined below in [Annex 1]. We must have total control of our working site, and all those who work upon it.
17. Personal welfare
The client must ensure that adequate local valid job insurance, and personal insurance is provided. Where special healthcare insurance is required, the client shall be required to cover such costs. If there is an agreement between the host state and the origin state of the workers then no additional costs will be incurred. Reciprocal arrangements are available in many countries.
Upon completion of the contract the client must ensure that all return costs both personal and that of vehicles and tools are fully covered in a prompt and efficient manner.
19. Management roles.
Where we are contracted to manage the work or site then we shall require the following conditions to be met.
Provision of office facilities, which shall include e-mail and internet access.
A private workspace of office type.
Authority to instruct and command the workforce.
Access to all job related information.
Communication with suppliers.
Access to sources of site operation materials.
Adequate advice on local regulations and standards (this may be by means of a co-worker or local assistant)
Ability to purchase site safety equipment and site admin materials.
Full communication channels with other contractors and regulatory organisations.
Knowledge of all deadlines, restrictions, and requirements.
Without the above conditions, management of the job, or site, is impossible. Failure to provide such conditions shall relinquish us of all responsibilities with regards to delivery of the project.
20. Design roles.
Where we are the sole, or co-designer the following conditions must be met.
We must be kept informed of any deviation from specification.
We must be kept informed of any issue where there are construction or interface problems.
We must be consulted on any required change from specification.
We must be informed of any potential supply or labour delay.
We must have authority to issue new instruction where problems with the original design arise, or where outside elements have affected the design
Where the above conditions are not met, or where our operative is bypassed or over-ridden we shall no longer have responsibility for correct delivery of construction of the project.
Substantial variation from the original specification will render all time, budget, and performance figures null and void.
Minor variations must be authorised and countersigned, with the due understanding that they may well impact upon time, budget, and performance of the final project. The client must accept these consequences when authorising the variation.
Alterations of specification, time-scale, or materials by other parties outside of our control, such as client’s suppliers, client’s own workers, external contractors, regulatory authorities, or landlords may well render all time-scales, budgets, and performance void. It is best to avoid such issues.
The purpose of the terms is to ensure that we can fully and professionally deliver the job in question to the high standards that we, and our clients are accustomed. Many conditions are to avoid time wasting and frustrating misunderstandings or complications. Without such conditions it is easy to end up in dispute over pointless or petty issues which prior information would have avoided.
These terms and conditions have been built up from 34 years of experience of commonly encountered issues, and are intended to ensure a smooth, professional, and problem free contract.
As with all situations in exceptional circumstances any sticking points can be negotiated prior to commencement.
J Newell Acoustic Engineering (Unipessoal) Lda
Studio construction site requirements
The following requirements are essential for the workforce to construct the project as specified within the time frame required in a safe and efficient manner.
No item may be altered or omitted from the requirements.
1 Nothing other than a commercially rented hotel, house, or apartment is acceptable.
2 The accommodation must be clean and be provided with acceptable periodic cleaning by a commercial cleaner or cleaner supplied by the accommodation owner.
3 The team will not be responsible, in any way for the cleaning of the accommodation at the point of departure. It must be ensured that any required cleaning is done by professional cleaners prior to handing over the keys.
4 The accommodation must have free (or already paid for) laundry facilities included.
5 Where the accommodation has a kitchen it must include a working dishwasher
6 Accommodation must include free unlimited broadband internet of at least 5mb/s
7 The accommodation should include a functioning TV.
8 No rooms may be shared
9 No more than 3 workers per accommodation unit (Apartment or house).
Above this number conditions become difficult to manage
10 No Caravans, pre-fab accommodation units, or temporary structures
11 The accommodation must be available from the moment we arrive at the work location, no waiting for check-in times or others to vacate accommodation.
12 The job must cover all costs related to travelling from the accommodation to the work site.
13 Accommodation may be no more than 30Km or 1 hours’ drive (Whichever is first) from the work site – except by prior arrangement
14 Where a designer or project manager is on-site they must have the facility of a quiet office space to do any off-site administration work. This can be by placing them in separate accommodation or by supplying a bedroom to be used as an office.
15 Under no circumstances must the team be required to do any degree of housework in the accommodation beyond which would be expected in any hotel type accommodation. Rest days are purely rest days, not days for cleaning, or servicing the accommodation.
16 Any services, of facilities that require paying for in the accommodation must be paid for by the customer.
17 No responsibility will be bestowed upon the team for any issues of normal wear and tear of the accommodation. This includes, but is not limited to; failure of moving parts such as door handles, window frames, cupboard doors, plumbing, electrical items, appliances, and eating utensils. Obviously this does not include situations deemed to be gross abuse.
18 No responsibility for loss of keys, cards, codes, or other items the team will be issued with in relation to the accommodation will be taken by the team. Keys should be insured by the customer if there is a large replacement fee. In the case of hotels, key cards are inexpensive to replace, in the case of the team being put in an apartment they should have no additional burden of responsibility beyond that expected in a hotel.
1 Free unhindered access to the work site is required at all reasonable times
2 No restriction on working hours may be imposed except those agreed for logistical reasons before the contract starts
3 The work site must be fully “legal”. The client must have all required permissions for the installation of acoustic treatment and specialist technical services.
4 Where the work site is subject to a principle construction contractor there must be all legally required services provided by the principal contractor. This includes fire extinguishers, first-aid facility, clean and available toilets, drinking water, safe site access, a safe working environment, a clean site, and a working framework of regular communication.
5 Where there is no principal contractor we will provide, at cost in addition to the budget, all facilities that are missing or inadequate.
6 Where the site has existing or temporary electricity supplies it must never be interrupted (for safety reasons) and our supply must never share any type of circuit protective device (Overload or Earth Leakage) with anyone else. We must have uninterrupted access whenever needed to the place where our electricity is supplied from and all circuit protective devices
7 Our workplace must be totally free from interference from other constructors on-site.
8 No contamination from other works may enter our workplace.
9 Access paths to our site and materials storage area must be clean and dry at all times.
10 Our work-site is to be classed as “Acoustic Treatment Installation”, “Specialist Technical Systems Installation”, and “Decorative Finishes” The site should be clean and dry and free from dust as such a site requires.
11 Materials storage may not be more than 10m from the entrance to our site and may never be required to be removed for any reason until we complete our work.
12 Materials may not be stored on any different level to the work site. If this cannot be avoided a separate materials moving team is required.
13 Materials may only be stored outside of these specified areas when agreed before the job has been priced and additional time or people to move them are provided as agreed.
14 The work site, materials storage area, and all access paths must be kept permanently clean and safe. Site safety requirements extend to all areas we are expected to work in.
15 Adequate parking for our vehicles must be provided or paid for.
16 Unless otherwise stated it is expected that waste removal will be provided by the client. Separation of waste, if required, is an additional expense and not included in our price.
17 Our waste container must not be unreasonable distance from the work site and usually within 20m of the entrance to our site. Any further than this will incur extra costs and time or labour requirements.
18 Our work site must be secure at all times and free from unauthorized access.
19 The work site must be dry and not open to the elements
20 The customer must ensure that all local permissions are in place and that any required local responsible person for electrical or ventilation certification is employed to satisfy local legislation and advise us but not interfere with our work.
21 The customer must ensure that our insurances, work status, safety training, and competence is adequate for the local requirements. In any case where the local requirements are not compatible with internationally recognised highly specialist workers and we have to stop to await administrative changes the customer must continue to pay our workers for any stoppage as a result of local bureaucracy requirements. (for example, the workers need a local safety certificate issuing)
22 Where our access to site is through clean passages which are in-use by others and must remain clean the customer is responsible for maintaining the cleanliness of these passages and should arrange for the cleaning of them as needed.
23 Where it is required to segregate our access to site from the general public or clients, this segregation must be done outside of the studio installation contract. If known before hand and agreed, it may be the subject of a separately billed work.
24 Where access limitations due to third party issues (such as working studio complexes or passage through restricted roads or shopping complexes) are present it must be pre-arranged that materials and waste are moved in and out of site outside of working hours by a separate crew.
25 The customer is responsible for any required permissions for unloading of our materials and loading into site.
26 Where materials have to pass through sensitive decorated areas there must be separately provided protection for those areas, either at separate cost or from a main contractor. Without such protection we will not be responsible for minor knocks and damage.
27 Where work is being carried out in domestic accommodation, it must be understood that the accommodation becomes a work site and work site rules and procedures will apply. While efforts to keep the site clean, quiet, and safe will be taken it has to be understood that construction of recording studios cannot be done in accordance with a family home life. Extra cleaning will be required, materials will be on-site and often in the way, and the construction team, while being as respectful as possible, will go about their work duties in a professional manner. Children and family visitors must not be allowed on-site, the site is a dangerous workplace not fit for uncontrolled access.
Julius Newell Acoustic Engineering (Unip)Lda
VAT PT 514142928
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