UPUK Standard Terms and Conditions

Utility Planners UK Limited reserves the right to amend or withdraw the quotation at any time prior to the Customer accepting it, making payment in accordance with the schedule and confirmation received from Utility Planners UK Limited that a valid contract is in place. Where changes to the works are required reasonable additional costs may be applied by Utility Planners UK Limited to the customer.

Unless otherwise stated this quotation assumes there is no contamination present on the land, if contamination is identified additional charges may be made as a change to the works.

All load information provided by the customer or obtained by Utility Planners UK Limited from any other party operating on the customer’s behalf is complete and accurate. The quotation price is derived from the load data and if subsequently that data is found to be inaccurate a further charge may be necessary.

The quotation includes the cost of connecting to the Network at a position specified by the Network Owner – if the connection costs and / or position change Utility Planners UK Limited reserve the right to pass the cost changes to the customer.

All planning, other permissions, consents, leases interests and rights required in connection with the works will be obtained and provided by the customer.

The customer will take reasonable steps to ensure that the site is clear such that all mains and services can be completed promptly and in an economical manner so as not to cause delay or disruption to Utility Planners UK Limited or our service provider’s works. Utility Planners UK Limited service providers cannot carry out work under scaffolding as any excavation can cause instability either immediately or subsequently in the scaffolding. Please ensure that any scaffolding in the vicinity of the works is removed to enable us to commence our work at the agreed schedule.

Utility Planners UK Limited reserve the right to implement alternative engineering solutions/practices where it is deemed the inclusions, exclusions and assumptions of this quotation are found at any time to be to the detriment of the commercial, engineering and safety practices of Utility Planners UK Limited.

Abortive visit costs may be applied if for any reason the site is not ready for works to commence without reasonable notice being given – typically 10 working days.

Where customer excavates, suitable fine fill material to bed and surround the pipes / cables / ducting to 150mm cover is provided by the customer. This material should be available on site and assistance provided in moving it to where the pipe is being laid.

The quotation is subject to obtaining all consents, including but not limited to wayleaves, easements, land transfers and planning permission.  The customer is responsible for their own and 3rd party land owners legal and other fees in connection with obtaining these consents.  The customer will grant any wayleaves or easements required over the property

Any costs for the reinforcement of the existing network, unless specifically detailed in the work content above, have not been included.  Should reinforcement be deemed necessary by the Network Owner then this work content and the costs associated with it will constitute a variation to this quotation.

Where this quotation includes connection of services for a development of greater than five properties the customer will ensure that, other than for show homes, a minimum of five services are available to be connected by Utility Planners UK Limited or our service provider on each visit. If less than 5 properties it is assumes all works will be carried out in a continuous visit.

The quotation price is calculated on the assumption that fees to be charged by any local authority or other third party in connection with any license required under section 50 of the New Roads and Street Works Act 1991 or any other license permission or consent required for the lawful performance of the works will be those generally applicable as at the date falling 7 days prior to the date of the quotation.  If following such date (whether before or after Acceptance) there is any increase in any such fee the quotation price will be increased by an amount equal to the amount of any such increase. The new Traffic Management Act includes a provision, which allows Local Authorities to implement a permit Scheme in their areas and a number of these schemes are currently progressing through the relevant legal processes towards implementation.

In effect this means that rather than utilities notifying councils when they intend to excavate in the public highway, utilities will be required to ask for a permit to excavate in the highways. Associated with these new permit schemes will be additional charges from the Local Authorities to progress and grant permits. Until these schemes have been approved Utility Planners UK Limited will not know what these additional charges are for the permit to excavate in the highway.

Any request by the client to halt or take over works in public shall render them responsible for all Local Authority charges and penalties should the works not be completed within the permitted timescales of the street works license.

This quotation does not include any costs for a permit scheme, should a permit scheme be introduced by the Local Authority in this area then Utility Planners UK Limited reserves the right to request payment of the permit charges prior to undertaking any works within the public highway.  Utility Planners UK Limited is closely monitoring this situation however control of these schemes does not sit with the utilities and we can only include these charges once they have been finalised, and the permit schemes are approved.

Should you choose to cancel this quotation post acceptance, a charge of 25% of the total value will be chargeable plus any reasonable costs for works that have been carried out or committed to including, but not limited to, design, site visits, coordination activity, materials and obtaining consents. Please note that a programme of works has not been submitted to Utility Planners UK for review and agreement therefore it is not considered that time is of the essence.

Adjustments will be made to the rates of VAT applied to the quotation to those applicable to at the date of invoice or payment, whichever is earlier.

This quotation assumes all installation works to be carried out in one continuous visit unless otherwise stated. Should the works require further phasing, or any live joints or connections be required to newly installed mains, this may incur a cost variation for the change in works. Where phasing has been included, a minimum of 4 x services connections will be required per site visit. Should any additional phases be added to the program of works, then this may incur additional cost via variation.

Where it is agreed time is of the essence liquidated damages for late completion will be paid at the rate of 1% of the contract price for each week the works are delayed due to action/inaction of Utility Planners UK Limited or its service providers subject to a maximum of 15% of the agreed contract price.  In any event Utility Planners UK Limited shall have no liability for any delay or other failure to comply with these conditions occurring directly or indirectly as a result of circumstances beyond its reasonable control. Subject to the preceding statement Utility Planners UK Limited will have no liability to the customer for any form of economic loss either directly or indirectly due to a failure by Utility Planners UK Limited or its service providers.  In this case it has not been agreed that time is of the essence and a programme of works has not been submitted to UPUK for review and agreement.

Unless otherwise started the quotation is net of all allowances due from the sale and adoption of the utilities to be constructed by a licensed network owner and no further payments are applicable.  Allowances have been calculated on the loads supplied and or in the case of domestic property types, space / water heating systems and the timing of construction program as declared by the customer; changes may result in a recalculation and the customer will refund any overpayment due on demand.

Asset Values; A provisional gas/electric asset value has been intimated to Utility Planners UK Limited based upon the assumption that the build program and the number of connections detailed in the quotation are secured in full by a “Utility Asset Owning Company” to be specified by Utility Planners UK Limited. This asset value cost may have been used to offset part of the construction costs as detailed in this quotation. The Utility Asset Owning Company will only guarantee any asset value as long as long as the first gas/electric meters are installed within 12 months from acceptance of our quotation and that all meters are installed within 2 years. We reserve the right to recover any shortfall in the asset value currently offered as a result of this not being adhered to. Site changes that affect the asset value may also lead to a variation in the contract sum.

If certain details on UPUK’s quote are sent out in error due to an administrative error, we reserve the right to resubmit the quote with the correct information. Any alterations made after the acceptance of the quote will be agreed with the customer before any works commence.