Please take time to read and understand this SUB CONTRACTOR AGREEMENT. By clicking AGREE & SIGNED at the bottom of this page you are accepting the terms of this contract as set out below...
SUBCONTRACTOR AGREEMENT (Electrical)
THIS CONTRACT FOR SERVICES is made between:-
VELOCITY ELECTRICAL LIMITED – (“the Contractor”)
NAME:____As set out in Personal Information Section____(“the Subcontractor”)
1.1 The Contractor tenders for and is appointed by its Client to complete a project for specified works at a certain site or location (“the Assignment”).
1.2 The Subcontractor’s skills and abilities, which may from time to time be available to the Contractor (“the Services”).
1.3 The Contractor and the Subcontractor agree that if the Subcontractor offers to make his services available to the Contractor and is engaged by the Contractor, the terms and conditions in this Contract for Services shall apply.
1.4 It is the intention of the parties that when the Subcontractor provides the Services to the Contractor for an Assignment, such provision of Services shall constitute a separate and distinctive “engagement” under this Contract for Services. Unless varied or amended or otherwise agreed between the parties, these terms and conditions shall apply for each engagement.
2.1 The Contractor is not obliged to offer work on any Assignment to the Subcontractor, neither is the Subcontractor obliged to accept any work offered. The Subcontractor is not
obliged to make his Services available at any time. Specifically both parties agree that they do not intend to create or imply any mutuality of obligations at any time, either during or in between any individual engagement.
2.2 The Subcontractor shall act in a professional workmanlike way at all times while carrying out the Services for the Contractor.
2.3 The Subcontractor is free to use his own initiative as how best to complete the Services, provided that this does not unreasonably interfere with or delay other works being carried out by or on behalf of the Contractor or with any site restrictions in place on a particular Assignment.
2.4 The Subcontractor is responsible for providing his own equipment, tools and personal protective clothing and safety equipment and insurances to cover their own plant. The contractor does not accept or take any responsibility for any monies/tools borrowed between Subcontractors. The contractor will not get involved in any capacity in these agreements or be liable to pay/replace any monies not paid back or tools Damaged/not returned. Each Subcontractor shall provide a lockable toolbox and the appropriate kit of hand tools as detailed below. Each Subcontractor is responsible for the safe keeping of their own tools. The tools will be of suitable quality and good repair to ensure efficiency when carrying out the work requested. Adult trainees and apprentices shall also provide said tools in quantity and type as indicated for the stage(s) of Apprenticeship;
• 1 Lockable (5 drawer Cantilever) complete with a padlock
• 1 Heavy Hammer 1.25 kilo club or lump hammer)
• 1 Pair insulated combination pliers (185 or 200mm)
• 1 Hacksaw frame (suitable for 300mm blades)
• 1 Electrician’s insulated screwdriver- 75 x 3mm (parallel tip)
• 1 Electrician’s insulated screwdriver- 150 x 5mm (parallel tip)
• 1 Electrician’s insulated screwdriver- 200 x 5mm (parallel tip)
• 1 Electrician’s insulated screwdriver-75mm x 0 pt (cross point)
• 1 Electrician’s insulated screwdriver-100mmx1pt (cross Point)
• 1 Electrician’s insulated screwdriver-150mmx2 pt (cross point)
• 1 Junior hacksaw
• 1 Clasp knife
• 1 Spirit Level (225 or 250mm)
• 1 Plumb-bob line (200gms)
• 1 Pair foot prints (225)
• 1 Claw hammer (500gms0
• 1 Flooring chisel (55mm)
• 1 Bradawl (medium)
• 1 5m tape measure (19mm wide)
• 1 Laser Level
NB: All insulated tools to be insulated to the current IEC Standards to at least 1000v
2ND – 3RD STAGE
• 1 Cold chisel (300mm x 20mm)
• 1 Round file and handle (9mm second cut)
• 1 Flat File and handle (15mm second cut)
• 1 General purpose wood chisel (6mm)
• 1 General purpose wood chisel (20mm)
• 1 Bar-type tap wrench (3-12mm)
• 1 Bush key spanner (20 and 25mm)
• 1 Multi Purpose saw (250 or 300mm)
• 1 Pad Saw
• 1 Mole (curved jaw) grip wrench (250mm)
• 1 Center Punch (1.6mm)
• 1 Try square (225mm)
• 1 Metric rule (300mm)
• 1 Pair insulated diagonal cutters (150mm)
• 1 Pair insulated long, flat nosed pliers (150mm)
• 1 Pair insulated end wire strippers (150mm)
• 1 set open-ended spanners (6-22mm)
• 1 Proprietary test lamp or 2-pole voltage detector as recommended in HSE Guidance Note GS 38 Electrical Test Equipment for use by Electricians
• 1 18v Combi Drill 42Nm
• 1 18v Impact Driver 160Nm
• 1 18V SDS Plus Drill
• 1 18v 4 1/2” Angle Grinder
• 1 18v Multi Cutter
• 1 18v Fluorescent Lamp
• 3 18v 4.0 AH Li-lon Batteries
• 1 36min charger
• 1 LXT (large wheeled) Carry bag
NB: If flying to a job and checking tools on for a flight please check with the foreman or the office what tools are required.
2.5 The Subcontractor accepts that he is responsible for the Services, and that he is responsible for covering his own risk and liability howsoever arising with a suitable policy of insurance. Where such insurance is arranged by the Contractor, the Subcontractor will either agree to pay the Contractor the appropriate premiums on a basis to be agreed or the costs will be reflected in the price or rate agreed with the Subcontractor.
2.6 The Subcontractor accepts that he is responsible and confirms that he has the Right to Work in the Jurisdiction in which the Assignment is based and holds all relevant documentation, visas and/or work permits if and when required.
3. PAYMENT FOR SERVICES & DEDUCTIONS
3.1 Formal written tenders will not be required. The parties agree that the price for the Services and the method of payment will be agreed between them and this shall include agreements of the rate of payment for the Services. The payment of services will usually be paid at an agreed hourly rate, however if this varies, it will be clarified and set out within the Engagement Agreement.
3.2 The Contractor will usually pay the Subcontractor in GBP but may choose to pay in the currency of the jurisdiction, regardless of which jurisdiction or bank account the Subcontractor holds. Currency fluctuations may lead to a change in the Subcontractor’s rate e.g. Republic of Ireland paid in Euro and price of Euro to GBP goes down then Subcontractor’s rate will be used to reflect this. Any currency changes will be based on the Contractor’s bank exchange rates; no other exchange rates will be accepted or used as a barometer. The contractor also has the right to pay the Subcontractor in the jurisdiction where the work is taking place and follow local tax laws, e.g. if work is in Republic of Ireland then the contractor can pay in this jurisdiction and deduct RCT tax instead of UK CIS tax. It is important that the Subcontractor is familiar with the tax laws in any jurisdiction where they go to work and should seek advice from their accountant on this if necessary. The contractor is no way responsible for the Subcontractor’s tax or tax status beyond keeping their own position legal and to the law in the Jurisdiction they are making payment. If the Subcontractor requires payment to be sent to a bank account that is not a UK bank account, any bank fees or charges will be deducted from the Subcontractor’s payment. Payment will be processed each Friday on a weekly basis, unless otherwise agreed. Subcontractors using non UK Bank Accounts may not receive payment for 3 days or more, depending on the Jurisdiction and Registered Bank.
3.3 The Subcontractor is not obliged to raise an invoice for the Services. The Contractor will provide a pay statement to the Subcontractor, which shall act as a self-billed invoice.
3.4 Any defective work the Contractor reasonably determines has been caused by the Subcontractor, or by any substitute or hired assistant working for the Subcontractor will be corrected by the Subcontractor at his own cost.
3.5 The Subcontractor is responsible for all his traveling expenses to and from any location where he has been engaged to provide the Services. Where transport facilities are made available by the Contractor to a particular location this is entirely at the Contractor’s discretion and such facilities may be withdrawn at any time and the costs of such facilities may be reflected in the price or rate agreed with the Subcontractor.
3.6 Where transport and accommodation facilities are funded upfront by the Contractor, if the Subcontractor abuses this agreement in any way to include and not limited to; abusing the costs section 3.7, failing to go to work, missing flights/ trains or any prebooked expenses, the Contractor has a right to deduct such loss off any payments owed by the Contractor to the Subcontractor or to seek costs. The Subcontractor agrees that the contractor can recover any monies for missed/ no shows for flights and if they have to rebook the flight also charge for this, this also includes accommodation where the Subcontractor does not turn up. The Contractor is also entitled to charge for loss of earnings for any hours not completed due to missed flights/travel. The contractor bases each job and rotation on a set number of hours, if the Subcontractor is not carrying these hours out then they may, at the contractor’s discretion, be billed for loss of earnings by the contractor (the contractor needs the set amount of agreed hours completed) and also accommodation costs. For example; the hours in the rotation are 100 hours for the 10 days but the Subcontractor decides he doesn’t want/doesn’t attend work on the Sunday for whatever reason, the contractor is within their right to charge fort hat day’s accommodation cost and also the earnings the contractor is now losing out on by the Subcontractor failing to attend site and completing the pre-agreed hours. If the Subcontractor is not onsite on time then the contractor has the right to deduct the first hour’s pay and every hour thereafter. If the Subcontractor is More than 2 hours late then they will also be charged for the night’s accommodation. This also applies if the Subcontractor decides to leave site early or is not onsite in a timely manner after breaks. The contractor has the right to deduct to cover loss of earnings, if the Subcontractor does not complete the agreed hours. The contractor has the right to provide shared Accommodation, e.g. shared hotel room. The contractor does not have to supply single rooms to the Subcontractor and if Requested the contractor may pass on any extra charge incurred for this. All hotel rooms/apartments/house or any form of living accommodation supplied by the contractor is strictly nonsmoking, this also applies in instances where the hotel/apartment/house management/owners/landlords supplying to the contractor allows it. The Subcontractor will respect all property/living accommodation the contractor puts them in; any damage/breakages/cleaning bills/charges of any nature passed to the Subcontractor due to the Subcontractor’s actions will be deducted for any monies owed. The Subcontractor is not to Charge any food or drink under any circumstances to the client. The contractor is allowed access at any time to any type of accommodation they are providing.
3.7 It is mandatory that all receipts and proof of costs are kept and attached to timesheets, as failure to do so may result in non-payment of costs. By signing off a timesheet you have agreed to the terms and conditions outlined within this Contract. In addition, you confirm that the disclosure of hours and expenses are accurate. If found to be inaccurate the Contractor may deem this inappropriate conduct, amounting to fraudulent behaviour and may terminate the agreement with immediate effect and/or invoke legal proceedings against you. If the Contractor agrees to pay in advance for business operating costs this will be outlined within the Engagement Contract. For example, the Contractor may agree to fund costs and this will be deducted from your payment for breakfast, lunch and dinner when working away from home and the Subcontractor must not abuse this right and must only include one or two drinks at meal time. The Contractor reserves the right to monitor and to reject any costs they deem unnecessary or unreasonable. The Contractor may also place a limit on the amount of costs that will be reimbursed for food, beverages, parking, travel etc. It is important that the Subcontractor is reasonable when submitting costs via the timesheet for payment by the Contractor. The contractor has the right to withhold costs and pay them monthly and/or when the office or client has approved them. If you are unsure or have not been told an expense is going to be paid please contact the office by email, unless you get a written response from VELOCITY ELECTRICAL LIMITED confirming that the expense has been authorised then do not assume it is going to be paid. The contractor will not make any payment to the Subcontractor unless a signed timesheet is submitted by 12 noon on a Monday for the week before. Failure to have a timesheet submitted by this time may lead to a delay in payment. It is also the Subcontractor’s responsibility to make themselves familiar onsite with who is responsible for signing timesheets and the correct timesheet are being used. There are no exceptions to this; no signed timesheet equals no payment.
3.8 The Subcontractor when entering into an engagement with the Contractor for a set period of time or until the works end, must not cancel or cannot terminate the Engagement Agreement part way through the Assignment. If the Subcontractor cancels and the Contractor suffers a loss or incurs extra cost to facilitate completing the Assignment, the Subcontractor will be liable for such costs. The Contractor will recoup any monies owed or incurred by the Subcontractor by deducting monies from payments owed to the Subcontractor or by seeking costs thereafter. If the Contractor wishes to take any leave, he will need to provide this information at the beginning to include in the Agreement. Otherwise reasonable notice of at least one month must be provided in advance of any time off, with the exception of an emergency, to include but not limited to, immediate family death or freak accident. If the Subcontractor’s actions/ behaviour leads to the client not paying the contractor or deduction of hours, then the contractor will not be liable or will not be paying the Subcontractor for work/hours they (the Contractor) are not getting paid for, e.g. the Subcontractor is on site 15 hours but their actions leads to the client removing them from site and refusing to pay for the Subcontractor, the Subcontractor would then not expect to be paid by the contractor. In short, if the contractor is not getting paid due to the actions of the Subcontractor then the Subcontractor will not expect to still be paid and the contractor to incur a loss. If the Subcontractor is removed/red carded from site and does not complete the full hours, as agreed for the rotation, then the contractor has the right to deduct any loss of earnings/loses incurred due to agreed hours not being completed.
3.9 The Subcontractor will provide to the Contractor at the earliest opportunity sufficient information to enable the Contractor to verify the Subcontractor’s payment status with HM Revenue & Customs. The responsibility for the accuracy of this information rests with the Subcontractor, and the Subcontractor will not be entitled to receive any payment under this contract until this information has been provided to the Contractor.
3.10 The Subcontractor is responsible for his own National Insurance contributions.
3.11 As an independent business/ person, the Subcontractor agrees that he is not entitled to sick pay or any other payment for periods when the Services are not provided to the Contractor in any circumstances.
3.12 The Subcontractor is not entitled to participate in the Contractor’s grievance and disciplinary procedure.
3.13 The Subcontractor will not be entitled to receive payment for Services cancelled or where a site is closed, for example by reason of inclement weather.
3.14 The Subcontractor should not ask to borrow money or an advance payment from the Contractor under any circumstances. The Subcontractor should ensure he has the ability and funds, if required to carry out the works before entering into the engagement.
3.15 The Subcontractor should not communicate with the Client unless authorized to do so by the Contractor.
3.16 The Subcontractor at no time will apply to work directly to a client of the contractors or another third party on any sites which the contractor has brought them to or any sites any of the contractors clients are on, in doing so they will automatically invoke a £12500 fee made payable to the contractor within 5 working days, the Subcontractor also agrees to pick up any legal costs or other costs incurred by the client in recovering the monies owed. The Subcontractor understands that the contractor invests heavily in its business, promotion of its business, insurances etc. so agrees this is fair in facilitating any loss incurred by them transferring elsewhere of the back of the contractor’s business. Interest can also be added in any delay to this payment if the contractor decides to collect if it is not paid within 5 days. All legal action will be based in Northern Ireland unless the contractor decides to take it in the jurisdiction the work was carried out or the country of the Subcontractor’s home address.
3.17 At all times the contractor promotes a strictly commercial position. The contractor’s position is to make profit and they have put all that is reasonable in place for the Subcontractor to earn for themselves and the contractor. Any costs incurred of any nature due to the actions of the Subcontractor, the contractor has the right to deduct monies owed.
4. HEALTH AND SAFETY
4.1 In the interests of Health and Safety obligations imposed on the Contractor, the Subcontractor agrees to comply with all reasonable operational rules relating to working hours, site security and safety as per applicable legislation and procedures and this agreement.
4.2 The parties acknowledge that it may be necessary for health and safety reasons for the Subcontractor to be identifiable whether evidenced by security passes or on parts of clothing. However, the Subcontractor will not represent himself as an employee of the Contractor at any time, but as an independent subcontractor in business on his own account engaged by the Contractor for the specific purpose of providing the Services.
4.3 The Subcontractor agrees to take an alcohol or drug test at any time. They also agree to the random alcohol/drug testing that the contractor carries out.
4.4 The subcontractor has read and agreed to operate by our health and safety policy or if working on a client’s site to operate under the health and safety policy/ procedures of that Site or as issued by the main contractor/ client and the subcontractor agree to indemnify VELOCITY ELECTRICAL LIMITED of any and all claims howsoever arising.
5. SUBSTITUTES AND HIRED ASSISTANTS
5.1 The Subcontractor may, at the absolute discretion of VELOCITY ELECTRICAL LIMITED, send a substitute or Hired assistant to perform the Services. The substitute or hired assistant may be rejected by the Contractor only if in the reasonable opinion of the Contractor such substitute or hired Assistant does not possess the necessary skills or qualifications to carry out the Services.
5.2 Where a substitute or hired assistant is sent by the Subcontractor there shall be no contractual or financial relationship between the Contractor and the substitute or hired assistant. The Subcontractor is solely responsible for arranging payments to the substitute or hired assistant.
6. TERMINATION OF THIS AGREEMENT
6.1 This Agreement takes effect immediately as of the Effective Date, and remains in full force and effect until the Contractor has completed the Services as per the Engagement Agreement, unless earlier terminated under section 6.2.
6.2. Either Party may terminate this Agreement for cause by providing the other Party written notice if the other Party:
(i) Is in material breach of this Agreement and has failed to cure such breach within five days after its receipt of written notice of such breach provided by the non-breaching Party;
(ii) Engages in any unlawful business practice related to that Party’s performance under the Agreement to include bringing the company into disrepute;
(iii) Files a petition for bankruptcy, becomes insolvent, acknowledges its insolvency in any manner, ceases to do business, makes an assignment for the benefit of its creditors, or has a receiver, trustee or similar party appointed for its property.
6.3 In circumstances where the Contractor is not satisfied with the performance of the Subcontractor, when undertaking works, this will be communicated and if the Subcontractor does not rectify it within five days, the Contractor can end the engagement without any notice being given. If the client is not happy or it is viewed that there will be no improvement in the Subcontractor’s performance, then the contractor may end engagement earlier or in circumstances of a third party request by the client.
7.1 The Subcontractor confirms that he has read and understood the terms and conditions herein and has had the opportunity to discuss this agreement with any person or professional advisor he considers necessary before signing.
7.2 Both parties agree this is intended to be a legally binding contract governing the nature of the contractual relationship between them.
7.3 Both parties agree that these terms and conditions represent the whole agreement between them. No variations may be made to these terms unless agreed in writing by both parties.
7.4 Should the Contractor fail to enforce or apply any of the rights that it has under this Contract for Services, it shall not be construed that the Contractor approves or agrees to any breach of contract or that it loses its rights to enforce the terms of this Contract for Services in full at any time now or in the future.
7.5 The Headings used in the Contract for Services are for ease of reference only and are not intended to be interpreted as part of the terms agreed between the parties. References to the masculine include the feminine.
7.6 We may occasionally need to share your personal information with third parties, principally our clients for whom we carry out work.
7.7 The Subcontractor agrees to indemnify the Contractor “VELOCITY ELECTRICAL LIMITED” against all and any loses arising from their actions onsite and any loses caused by their negligence. It is up to the Subcontractor to ensure the compliance with the on-site health and safety requirements at all times.
7.8 I confirm that I will not issue, make, or cause to be issued or made, any defamatory, disparaging or wrongful remarks, comments or statements on any social media platform, including but not limited to Facebook, or in writing, email, or by any means whatsoever, by means electronic or otherwise, at any time during or following termination of the services, against VELOCITY ELECTRICAL LIMITED, its directors or staff.
8. VERIFYING SUBCONTRACTOR AGREEMENT
SUBCONTRACTOR NAME: As set out in Personal Information Section
SIGNED: By Agree & Signed Consent submission
NAME: As set out in Personal Information Submission
JOB TITLE: As set out in work Experience Section
VELOCITY ELECTRICAL LIMITED LTD
SIGNED: Martin Coyle
NAME: MARTIN COYLE
JOB TITLE: DIRECTOR
DATE: As per timestamp of Agree & Signed Consent submission