Our Terms & Conditions

THESE ARE THE TERMS AND CONDITIONS OF THE SUPPLY OF SERVICES BY KDH PROJECTS LIMITED INCORPORATED AND REGISTERED IN ENGLAND AND WALES WITH COMPANY NUMBER 05385561 WHOSE REGISTERED OFFICE IS KDH HOUSE, MILLFIELD ROAD, DONINGTON, SPALDING, PE11 4UR.

IF YOU DO NOT SIGN AND RETURN THE COPY TERMS AND CONDITIONS BUT CONTINUE TO PROVIDE US WITH INSTRUCTIONS AND ENGAGE OUR SERVICES THEN YOU SHALL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS AS FORMING PART OF THE CONTRACT.

1. Application of conditions

1.1 These conditions shall:

  1. apply to and be incorporated into the Contract; and
  2. prevail over any inconsistent terms or conditions contained, or referred to, in the Customer’s purchase order, confirmation of order, acceptance of a quotation or specification, or implied by law, trade custom, practice or course of dealing.Irrespective of any pre-contractual correspondence, including a customer’s purchase order, or the customer’s acceptance of a quotation for Services by KDH Projects, the Contract shall only come into existence on the acceptance by the Buyer of KDH Projects’ Order Confirmation (which incorporates these Conditions). The Buyer shall accept the Order Confirmation by notifying KDH Projects in writing (by fax or letter) or shall be deemed to have accepted by continuing to instruct or engage KDH Projects in respect of the Services, including without limitation providing access to the Customer’s premises. The Customer’s standard terms and conditions (if any) attached to, enclosed with or referred to in any purchase order or other Document shall not govern the Contract.

1.2 Quotations are given by KDH Projects on the basis that no Contract shall come into existence except in accordance with condition 1.1. Any quotation is valid for a period of 28 days from its date, provided that KDH Projects has not previously withdrawn it.

Commencement and duration

1.3 The Services supplied under the Contract shall be provided by KDH Projects to the Customer from the date specified in the Order Confirmation.

1.4 The Services supplied under the Contract shall continue to be supplied until the Services are completed in accordance with the scope of works as set out in the Order Confirmation and, after that, shall continue to be supplied unless the Contract is terminated by one of the parties giving to the other not less than one months’ notice, unless the Contract is terminated in accordance with condition b.

Supplier’s obligations

1.5 KDH Projects shall use reasonable endeavours to provide the Services to the Customer, in accordance in all material respects with the Order Confirmation.

1.6 KDH Projects shall use reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates shall be estimates only and time shall not be of the essence of the Contract.

1.7 KDH Projects shall appoint a KDH Projects Manager who shall have authority contractually to bind KDH Projects on all matters relating to the Services. KDH Projects shall use reasonable endeavours to ensure that the same person acts as KDH Projects’ Manager throughout the term of Services, but may replace him from time to time where reasonably necessary in the interests of KDH Projects’ business.

1.8 KDH Projects shall use all reasonable endeavours to observe all health and safety rules and regulations and any other reasonable security requirements that apply at the Customer’s premises and that have been communicated to it under condition e, provided that it shall not be liable under the Contract if, as a result of such observation, it is in breach of any of its obligations under the Contract.

Customer’s obligations

1.9 The Customer shall:

  1. co-operate with KDH Projects in all matters relating to the Services and appoint the Customer’s Manager, who shall have the authority contractually to bind the Customer on matters relating to the Services;
  2. provide, for KDH Projects, its agents, sub-contractors and employees, in a timely manner and at no charge, access to the Customer’s premises, office accommodation, data and other facilities as requested by KDH Projects;
  3. provide, in a timely manner, such In-put Material and other information as KDH Projects may request and ensure that it is accurate in all material respects;
  4. be responsible (at its own cost) for preparing and maintaining the relevant premises for the supply of the Services, including identifying, monitoring, removing and disposing of any hazardous materials from its premises in accordance with all applicable laws, before and during the supply of the Services at those premises, and informing KDH Projects of all of its obligations and actions under this condition c;
  5. inform KDH Projects of all health and safety rules and regulations and any other reasonable security requirements that apply at the Customer’s premises;
  6. ensure that all Customer’s Equipment is in good working order and suitable for the purposes for which it is used in relation to the Services and conforms to all relevant UK standards or requirements;
  7. obtain and maintain all necessary licences and consents and comply with all relevant legislation in relation to the Services, the installation of KDH Projects’ Equipment, the use of In-put Material and the use of the Customer’s Equipment in relation to KDH Projects’ Equipment in all cases before the date on which the Services are to start; and
  8. keep and maintain KDH Projects’ Equipment in accordance with KDH Projects’ instructions as notified by KDH Projects’ Manager from time to time and shall not dispose of or use KDH Projects’ Equipment other than in accordance with KDH Projects’ written instructions or authorisation.

1.10 If KDH Projects’ performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer, its agents, sub-contractors or employees, KDH Projects shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.

1.11 The Customer shall be liable to pay to KDH Projects, on demand, all reasonable costs, charges or losses sustained or incurred by KDH Projects (including any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere) arising directly or indirectly from the Customer’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the Contract, subject to KDH Projects confirming such costs, charges and losses to the Customer in writing.

1.12 The Customer shall not, without the prior written consent of KDH Projects, at any time from the date of the Contract to the expiry of six months after the last date of supply of the Services the Contract, solicit or entice away from KDH Projects or employ or attempt to employ any person who is, or has been, engaged as an employee or sub-contractor of KDH Projects in the provision of the Services.

1.13 Any consent given by KDH Projects in accordance with condition 1.13 shall be subject to the Customer paying to KDH Projects a sum equivalent to 30% of the then current annual remuneration of KDH Projects’ employee or sub-contractor or, if higher, 30% of the annual remuneration to be paid by the Customer to that employee or sub-contractor.

Change control

1.14 If the Customer requests (either in writing or by telephone) a change to the scope or execution of the Services, KDH Projects has no obligation to do so unless and until KDH Projects and the Customer have agreed the necessary variations and any impact on costs in accordance with clause 5.2 below. If the Customer has requested either the amendment either in writing or by telephone, then KDH Projects shall be entitled to treat the estimate served in accordance with clause 5.2 as a variation to the contract unless the Customer rejects the estimate in respect of the changes within 24 hours of receipt of the estimate (or such other time as KDH Projects indicates in the written estimate under clause 5.2).

1.15 If either party requests a change to the scope or execution of the Services, KDH Projects shall, within a reasonable time, provide a written estimate to the Customer of:

  1. the likely time required to implement the change;
  2. any variations to KDH Projects’ charges arising from the change;
  3. the likely effect of the change on the scope of works as set out in the Order Confirmation; and
  4. any other impact of the change on the terms of the Contract.

1.16 KDH Projects may, from time to time and without notice, change the Services in order to comply with any applicable safety or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for the Services. If KDH Projects requests a change to the scope of the Services for any other reason, the Customer shall not unreasonably withhold or delay consent to it.

1.17 KDH Projects may charge for its time spent in assessing a request for change from the Customer on a time and materials basis in accordance with condition 1.18.

Charges and payment

1.18 Condition 1.20 shall apply if KDH Projects provides the Services on a time and materials basis. Condition 1.21 shall apply if KDH Projects provides the Services for a fixed price. The remainder of this condition 1.18 shall apply in either case.

1.19 Where the Services are provided on a time and materials basis:

  1. the charges payable for the Services shall be calculated in accordance with KDH Projects’ standard daily fee rates, as amended from time to time;
  2. KDH Projects’ standard daily fee rates for each individual person are calculated on the basis of an eight-hour day, worked between 8.00 am and 5.00 pm on weekdays (excluding public holidays);
  3. KDH Projects shall be entitled to charge an overtime rate of:(i) 50% of the normal daily fee rate on a pro-rata basis for each part day or for any time worked by individuals whom it engages in respect of the Services carried out on a Saturday;

    (ii) twice the normal daily fee rate on a pro-rata basis for each part day or for any time worked by individuals whom it engages in respect of the Services carried out on a Sunday;

    (iii) twice the normal daily fee rate on a pro-rata basis for each part day or for any time worked by individuals whom it engages in respect of the Services carried out between 8pm and 6am Monday to Friday inclusive. For the avoidance of doubt, work carried out from 8pm on Friday until 6am on Saturday morning will be charged at this rate;

    (iv) treble the normal daily fee rate on a pro-rata basis for each part day or for any time worked by individuals whom it engages in respect of the Services carried out on a public holiday in England and Wales.

  4. all charges quoted to the Customer shall be exclusive of VAT which KDH Projects shall add to its invoices at the appropriate rate;
  5. KDH Projects shall ensure that every individual whom it engages on the Services completes time sheets recording time spent, and KDH Projects shall use such time sheets to calculate the charges covered by each monthly invoice referred to in condition f; and
  6. KDH Projects shall invoice the Customer monthly in arrears for its charges for time, expenses and materials (together with VAT where appropriate) for the month concerned, calculated as provided in this condition 1.20.

1.20 Where the Services are provided for a fixed price, the total price for the Services shall be the amount set out in the Order Confirmation, subject to any variations or additions agreed in accordance with clause 5. The total price shall be paid to KDH Projects (without deduction or set-off), as set out in the Order Confirmation. KDH Projects shall invoice the Customer for the charges that are payable, together with expenses, the costs of materials and VAT, where appropriate, calculated as provided in condition 1.22.

1.21 Any fixed price contained in the Order Confirmation excludes:

  1. the cost of hotel, subsistence, travelling and any other ancillary expenses reasonably incurred by the individuals whom KDH Projects engages in connection with the Services, the cost of any materials and the cost of services reasonably and properly provided by third parties and required by KDH Projects for the supply of the Services. Such expenses, materials and third party services shall be invoiced by KDH Projects; and
  2. VAT, which KDH Projects shall add to its invoices at the appropriate rate.

1.22 The Customer shall pay each invoice submitted to it by KDH Projects, in full and in cleared funds, within 14 days of receipt.

1.23 Without prejudice to any other right or remedy that it may have, if the Customer fails to pay KDH Projects on the due date, KDH Projects may:

  1. KDH Projects may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and
  2. Suspend all Services until payment has been made in full.

1.24 Time for payment shall be of the essence of the Contract.

1.25 All sums payable to KDH Projects under the Contract shall become due immediately on its termination, despite any other provision. This condition 1.26 is without prejudice to any right to claim for interest under the law, or any such right under the Contract.

1.26 Without prejudice to any other rights it may have, KDH Projects may set off any liability of the Customer owed to KDH Projects against any liability of KDH Projects owed to the Customer.

1.27 The Deliverables are at the risk of the Customer from the time of their instalment or delivery at the Customer’s premises.

1.28 Ownership of the Deliverables shall not pass to the Customer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of the Deliverables and Services.

1.29 Until ownership of the Deliverables and Services has passed to the Customer, the Customer shall:

  1. hold the Deliverables and Services on a fiduciary basis as KDH Projects’ bailee;
  2. store the Deliverables and Services (at no cost to KDH Projects) separately from all other goods of the Customer or any third party in such a way that they remain readily identifiable as KDH Projects’ property;
  3. not destroy, deface or obscure any identifying mark or packaging on or relating to the Deliverables and Services; and
  4. (d) maintain the Deliverables and Services in satisfactory condition and keep them insured on KDH Projects’ behalf for their full price against all risks to the reasonable satisfaction of KDH Projects. On request the Customer shall produce the policy of insurance to KDH Projects.

1.30 The Customer’s right to possession of the Deliverables shall terminate immediately if notice is served under clause 11.2.

1.31 KDH Projects shall be entitled to recover payment for the Deliverables notwithstanding that ownership of any of the Deliverables has not passed from KDH Projects.

1.32 The Customer grants KDH Projects, its agents and employees an irrevocable licence at any time to enter any premises where the Deliverables are or may be stored in order to inspect them, or, where the Customer’s right to possession has terminated, to recover them.

1.33 Where KDH Projects is unable to determine whether any Deliverables are the goods in respect of which the Customer’s right to possession has terminated, the Customer shall be deemed to have sold all goods of the kind sold by KDH Projects to the Customer in the order in which they were invoiced to the Customer.

1.34 On termination of the Contract, howsoever caused, KDH Projects’ (but not the Customer’s) rights contained in this clause 6 shall remain in effect.

Intellectual property rights

1.35 As between the Customer and KDH Projects, all Intellectual Property Rights and all other rights in the Deliverables and the Pre-existing Materials shall be owned by KDH Projects. Subject to condition 1.37, KDH Projects licenses all such rights to the Customer free of charge and on a non-exclusive, worldwide basis to such extent as is necessary to enable the Customer to make reasonable use of the Deliverables and the Services. If the Contract is terminated, this licence will automatically terminate.

1.36 The Customer acknowledges that, where KDH Projects does not own any Pre-existing Materials, the Customer’s use of rights in Pre-existing Materials is conditional on KDH Projects obtaining a written licence (or sub-licence) from the relevant licensor or licensors on such terms as will entitle KDH Projects to license such rights to the Customer.

Confidentiality and KDH Projects’ property

1.37 The Customer shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Customer by KDH Projects, its employees, agents or sub-contractors and any other confidential information concerning KDH Projects’ business or its products which the Customer may obtain. The Customer shall restrict disclosure of such confidential material to such of its employees, agents or sub-contractors as need to know the same for the purpose of discharging the Customer’s obligations to KDH Projects, and shall ensure that such employees, agents or sub-contractors are subject to obligations of confidentiality corresponding to those which bind the Customer.

1.38 All materials, equipment and tools, drawings, specifications and data supplied by KDH Projects to the Customer (including Pre-existing Materials and KDH Projects’ Equipment) shall, at all times, be and remain the exclusive property of KDH Projects, but shall be held by the Customer in safe custody at its own risk and maintained and kept in good condition by the Customer until returned to KDH Projects, and shall not be disposed of or used other than in accordance with KDH Projects’ written instructions or authorisation.

1.39 This condition 1.37 shall survive termination of the Contract, however arising.

Limitation of liability – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION

1.40 This condition 1.40 sets out the entire financial liability of KDH Projects (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Customer in respect of:

  1. any breach of the Contract;
  2. any use made by the Customer of the Services, the Deliverables or any part of them; and
  3. any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.

1.41 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

1.42 Nothing in these Conditions limits or excludes the liability of KDH Projects:

  1. for death or personal injury resulting from negligence; or
  2. for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by KDH Projects; or
  3. for any liability incurred by the Customer as a result of any breach by KDH Projects of the condition as to title or the warranty as to quiet possession implied by section 2 of the Supply of Goods and Services Act 1982.

1.43 Subject to condition 1.42 and condition 1.43:

  1. (a) KDH Projects shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for:(i) loss of profits; or

    (ii) loss of business; or

    (iii) depletion of goodwill and/or similar losses; or

    (iv) loss of anticipated savings; or

    (v) loss of goods; or

    (vi) loss of contract; or

    (vii) loss of use; or

    (viii) loss of corruption of data or information; or

    (ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

  2. KDH Projects’ total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid for the Services.

Data protection

The Customer acknowledges and agrees that details of the Customer’s name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of KDH Projects in connection with the Services.

Termination

1.44 Subject to condition 1.47, the Contract shall terminate automatically on completion of the Services in accordance with the Order Confirmation.

1.45 Without prejudice to any other rights or remedies which the parties may have, either party may terminate the Contract without liability to the other immediately on giving notice to the other if:

  1. the other party commits a material breach of any of the terms of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 days of that party being notified in writing of the breach; or
  2. an order is made or a resolution is passed for the winding up of the other party, or circumstances arise which entitle a court of competent jurisdiction to make a winding-up order of the other party; or
  3. an order is made for the appointment of an administrator to manage the affairs, business and property of the other party, or documents are filed with a court of competent jurisdiction for the appointment of an administrator of the other party, or notice of intention to appoint an administrator is given by the other party or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986); or
  4. a receiver is appointed of any of the other party’s assets or undertaking, or circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint a receiver or manager of the other party, or if any other person takes possession of or sells the other party’s assets; or
  5. the other party makes any arrangement or composition with its creditors, or makes an application to a court of competent jurisdiction for the protection of its creditors in any way; or
  6. the other party ceases, or threatens to cease, to trade; or
  7. there is a change of control of the other party (as defined in section 574 of the Capital Allowances Act 2001); or
  8. the other party takes or suffers any similar or analogous action in any jurisdiction in consequence of debt.

1.46 On termination of the Contract for any reason:

  1. the Customer shall immediately pay to KDH Projects all of KDH Projects’ outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, KDH Projects may submit an invoice, which shall be payable immediately on receipt;
  2. the Customer shall return all of KDH Projects’ Equipment, Pre-existing Materials and Deliverables. If the Customer fails to do so, then, in accordance with clause 6, KDH Projects may enter the Customer’s premises and take possession of them. Until they have been returned or repossessed, the Customer shall be solely responsible for their safe keeping; and
  3. the accrued rights of the parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.

Force majeure

KDH Projects shall have no liability to the Customer under the Contract if it is prevented from or delayed in performing its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of KDH Projects or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

Variation

Subject to condition 1.14, no variation of the Contract or these Conditions or of any of the documents referred to in them shall be valid unless it is in writing and signed by or on behalf of each of the parties.

Waiver

1.47 A waiver of any right under the Contract is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.

1.48 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.

Severance

1.49 If any provision (or part of a provision) of the Contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.

1.50 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.

1.51 The parties agree, in the circumstances referred to in condition 1.50 and if condition 1.51 does not apply, to attempt to substitute for any invalid, unenforceable or illegal provision a valid, enforceable and legal provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.

Status of pre-contractual statements

Each of the parties acknowledges and agrees that, in entering into the Contract it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to these terms and conditions or not) relating to the subject matter of the Contract, other than as expressly set out in the Contract.

Assignment

1.52 The Customer shall not, without the prior written consent of KDH Projects, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.

1.53 KDH Projects may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.

No partnership or agency

Nothing in the Contract is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

Rights of third parties

The Contract is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.

Notices

Notice given under the Contract shall be in writing, sent for the attention of the person, and to the address or fax number, given in the Contract (or such other address, fax number or person as the relevant party may notify to the other party) and shall be delivered personally, sent by fax or sent by pre-paid, first-class post or recorded delivery. A notice is deemed to have been received, if delivered personally, at the time of delivery, in the case of fax, at the time of transmission, in the case of pre-paid first class post or recorded delivery, 48 hours from the date of posting and, if deemed receipt under this condition 1.54 is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is a business day), at 9.00 am on the first business day following delivery. To prove service, it is sufficient to prove that the notice was transmitted by fax, to the fax number of the party or, in the case of post, that the envelope containing the notice was properly addressed and posted.

Governing law and jurisdiction

1.54 The Contract and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.

1.55 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter.

Interpretation

1.56 The definitions and rules of interpretation in this clause apply in these terms and conditions (Conditions)

  • Contract: these Conditions and the Order Confirmation.
  • Customer: the person, firm or company who purchases Services from KDH Projects.
  • Customer’s Equipment: any equipment, systems, cabling or facilities provided by the Customer and used directly or indirectly in the supply of the Services.
  • Customer’s Manager: the Customer’s manager for the Services, appointed in accordance with condition 1.9.
  • Deliverables: all Documents, products and materials developed by KDH Projects in relation to the Services in any form, including without limitation drawings, plans, data, reports and specifications (including drafts).
  • Document: includes, in addition to any document in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form.
  • In-put Material: all Documents, information and materials provided by the Customer and/or requested by KDH Projects relating to the Services.
  • Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
  • Order Confirmation: the form sent by the Seller to the Buyer confirming the agreed price, the Services to be provided and any timescales (if agreed), In-put Material, together with any special terms and conditions in relation to the particular Services.
  • Pre-existing Materials: all Documents, information and materials provided by KDH Projects relating to the Services which existed prior to the commencement of the Contract including without limitation computer programs, data, reports and specifications.
  • Services: the services to be provided by KDH Projects under the Contract as set out in the Order Confirmation or where variation of such has been agreed on accordance with these Conditions.
  • Supplier’s Equipment: any equipment, including tools, systems, cabling or facilities, provided by KDH Projects or its subcontractors and used directly or indirectly in the supply of the Services which are not the subject of a separate agreement between the parties under which title passes to the Customer.
  • Supplier’s Manager: KDH Projects’ manager for the Services appointed under condition 1.7.
  • VAT: value added tax chargeable under English law for the time being and any similar additional tax.

1.57 Condition, schedule and paragraph headings shall not affect the interpretation of these conditions.

1.58 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) [and that person's legal and personal representatives, successors and permitted assigns].

1.59 The schedules form part of the Contract and shall have effect as if set out in full in the body of these Conditions and any reference to the Contract includes the schedules.

1.60 Words in the singular shall include the plural and vice versa.

1.61 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.62 A reference to writing or written includes faxes but not e-mail.

1.63 Where the words include(s), including or in particular are used in these terms and conditions, they are deemed to have the words without limitation following them and where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.

1.64 Any obligation in the Contract on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.

1.65 References to conditions and schedules are to the conditions and schedules of the Contract.

This agreement has been entered into on the date stated at the beginning of it.