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									                              BOLTON AT HOME
                         TECHNICAL SERVICES DIVISION



Form of Tender and Contract for:

Contract No: PH1

Contract period: 2 year + 1 year extension

Contract name : Plant Hire

Contract type: Open

From: 16th January 2012 – 15th January 2014.
________________________________________________________________________

RETURN OF TENDER

The tender is to be returned not later than 16th November 2011 4:00pm to Jo Cunliffe,
Bolton at Home Ltd, 1-3 The Courtyard, Calvin Street, The Valley, Bolton, BL1 8PB in a
sealed envelope, bearing a pre-addressed label provided by Bolton at Home, which shall
bear the words ‘Tender for Supplies – Contract No. PH1’ AND SHALL NOT BEAR
ANY NAME OR MARK INDICATING THE SENDER.                                 ENVELOPES
IDENTIFYING THE SENDER WILL NOT BE CONSIDERED UNDER ANY
CIRCUMSTANCES.

Unless a formal Contract is prepared and executed, this tender if accepted under the hand
of the Director of Business and Financial Services or his duly authorised officer together
with the Standard Conditions of Contract shall constitute a binding Contract.

________________________________________________________________________




                                         -1-
TO BOLTON AT HOME
I the undersigned do hereby agree to carry out the fulfilment of the Contract on being
notified of the acceptance thereof in whole or part, in accordance with the Bolton at
Home Standard Conditions of Contract for the Supply of Goods/Services as used by
Bolton at Home, which I have examined and any Special Conditions included in the
Schedule to the Contract. The offer(s) should remain open until _________________



Signature____________________________________________________________

Name (Block Capitals)_________________________________________________

Company/Person______________________________________________________

Registered Address____________________________________________________

____________________________________________________________________

____________________________________________________________________

Telephone Number_________________________________________________

Facsimile Number_________________________________________________

Email Address _________________________________________________

Dated this _______________ day of ______________ (year) ________




                                       -2-
Index                                   Page


PART 1:   INFORMATION & INSTRUCTION      04

PART 2:   SCHEDULE OF RATES              11

PART 3:   TECHNICAL RESOURCES/QUALITY    22

PART 4:   BOLTON AT HOME TERMS           30




                        -3-
Tendering Information & Instructions




              PART 1




                -4-
Information to Tenderers
To supply/deliver plant and tools for hire.


The Contract period will be for 2 years with an option to extend for 1 year.
It is intended for the contract to commence – 16th Jan 2012.


Bolton at Home cannot guarantee to call off any specific quantities/work during
the contract period.

Bolton at Home reserves the right to clarify with tenderers once tender responses
have been assessed. In the event of such clarifications taking place the
unsuccessful tenderers will be informed accordingly.


No Conditions submitted or referred to by the Contractor when tendering
shall form part of the Contract unless specifically agreed to in writing by
Bolton at Home.

Nothing in this invitation to Tender shall bind Bolton at Home to accept the lowest
or any tender. Tenderers are requested to note this position when submitting
bids.

To ensure transparency and fairness to all bidders any inquiries regarding the
invitation to Tender are to be submitted in writing to the contact below, by post,
fax or email by no later than 2 working days before close of tender. Bolton at
Home offers no guarantee that questions received less than 2 working days prior
to close of tender will be answered.

Any question issued by a tenderer regarding the tender, together with any
answers given by Bolton at Home may be provided to all tenderers who have
been invited to bid. Details of the enquirer will not be disclosed.




                                       -5-
            Lead Procurement Officer:

                                Laura Grimes
            Name
                                Tel: 01204 335436
                                Procurement Team
                                Stores Building
            Address:            Adelaide Street
                                Bolton
                                BL3 3NY
            Email Address:      laura.grimes@boltonathome.org.uk


Disclosure pursuant to the Freedom of Information Act 2000
In accordance with the obligations placed upon public authorities by the Freedom
of Information Act 2000 ("Act"), all information submitted to the Bolton at Home
may be disclosed by Bolton at Home in response to a request made pursuant to
the Act.

In respect of any information submitted by Tenderers, which they consider to
be commercially sensitive, Tenderers should:

      a) Clearly identify such information as commercially sensitive;
      b) Explain the implications of disclosure of such information; and
      c) Detail the envisaged timeframe during which such information will
         remain commercially sensitive.

Please note, even where information is identified as commercially sensitive
Bolton at Home may be required to disclose such information in accordance with
the Act if a request is received. Receipt of any information marked "confidential"
should not be taken to mean that Bolton at Home accepts any duty of confidence
by virtue of the marking.




                                     -6-
                            Tender Criteria


Please note that the tender will be awarded to the suppliers submitting the most
economically advantageous Tender. The criteria taken into account for making
the Contract award are as indicated below:


Select Criteria

The Contractor must have the following in order to be considered at the
award stage.

Valid insurance of a minimum of £10 million for Employers Liability and £5 million
for Public Liability.

Yes  No  (please √)

Equality Policy

Yes  No  (please √)



Award Criteria                                                        Weighting

Price                                                                 70%

C1 (including minimum order value, minimum hire, additional hire charges
and travel/labour costs to Bolton at Home when collecting equipment from
supplier depot)


Technical Capacity/Quality                                            30%

Considered under technical capacity/quality will be the following criteria:

Criteria                                                              Weighting

C2 Collection time from receipt of order                              10
C3 Delivery time from receipt of order                                10
C4 Delivery charge                                                    10
C5 Collection charge                                                  10
C6 Equipment service records                                          05
C7 Staff training records                                             05
C8 Monthly hire report                                                05
C9 Relevant risk assessments                                          05

                                      -7-
*The criteria are given a number in order of importance with 10 being the highest
and 5 the lowest.

Please note the Criteria number has been inserted into the tender documentation
indicating the information which will be analysed. It is important that you provide
us with this information as it will be used to make the award decision.


Tender Evaluation Criteria

The Contract will be awarded on the basis of the most economically
advantageous tender to Bolton at Home based on the evaluation criteria of (70%)
price and (30%) quality.


                                  Criteria                      Weighting
              Price                                                70%
              Technical Capacity/Quality                           30%
Price

With regards to the price evaluation the lowest price tenderer will be awarded the
maximum price score (70%) and tenderers will thereafter be ranked and scored
in accordance with how much more expensive their prices are compared to the
lowest price, e.g. if tenderer XX is 50% more expensive than the lowest price it
will be awarded 50% less price points than the lowest price tender. If 125% more
expensive it will be awarded 125% less price score making this a minus score.

Technical Capacity/Quality

Weighted scores will be calculated by multiplying the score for each quality
criteria by its weighting. The weighted scores will be totalled for each tender.
The highest will receive the maximum score (30%) and tenderers will thereafter
be scored in accordance with how much lower their score is in comparison with
the highest.

Scoring Criteria:
Bolton at Home will use the following scoring system for evaluating responses:

Score           Scoring Principles
        0       Poor
                      Collection time over 2 hrs
                      Delivery time over 48 hrs
                      Delivery charge applies
                      Collection charge applies
                      No records of equipment servicing
                                      -8-
                       No records of staff training
                       No monthly hire report or charge applies
                       No risk assessments provided

       5        Satisfactory
                    Collection time over 1 hr but under 2 hrs
                    Delivery time over 24 hrs under 48 hrs.
                    Records of equipment servicing supplied in part
                    Records of staff training supplied in part
                    Risk assessments provided but are not relevant to type of
                      work.

      10        Good
                       Collection time within 1 hr
                       Delivery time within 24 hrs
                       No delivery charge
                       No collection charge
                       Full records of equipment servicing provided
                       Full records of staff training provided
                       Monthly hire report provided at no extra charge
                       Relevant up to date risk assessments provided


Completion and Return of Tender

To ensure your tender is considered by Bolton at Home, tenderers should
note the following:

1.    Documentation

(a)   All documentation included in this Invitation to Tender MUST be completed
      and submitted to Bolton at Home.

(b)   Tenderers should supply to Bolton at Home ALL information requested.

(d)   Tenders submitted by fax or other electronic means will not be considered


2.    All tenders must be returned in an envelope clearly marked as follows:

      Tender No. PH1

      Tender for: Plant Hire

      CLOSING DATE OF TENDER:           16th November 2011, BY NO LATER THAN
      4.00P.M.

                                      -9-
3.   The envelope in which a tender is submitted MUST be sealed and will not
     identify the tenderer

4.   Tenders MUST be returned to Jo Cunliffe, Bolton at Home Ltd, 1-3 The
     Courtyard, Calvin Street, The Valley, Bolton, BL1 8PB

5.   Any tender that is received after the closing time and date may not be
     considered.

6.   Failure to comply with the above may invalidate your tender response.




                                    - 10 -
   SCHEDULE OF RATES
[70%] OF WEIGHTED MARKS




        PART 2




         - 11 -
                                 Before pricing the schedule please note the following:


Prices quoted must anticipate all costs in relation to the provision of the contract as NO additional costs will be
accepted unless approved in writing by Bolton at Home. Additional cost must be declared in the tender documents
for these to be considered.


Fees and prices must be quoted in pounds sterling to a maximum of 2 decimal places and currency fluctuations will not form
part of the Contract.


Please note Bolton borough includes Blackrod, Farnworth, Horwich, Kearsley and Westhoughton




                                    - 12 -
Pricing Schedule

                                                                                                           Long Long Long
                                                                                                           term term term
DESCRIPTION                                                         Qty      Minimum                Week
                                                                                     1st Additional        hire hire hire
                                                                 available     hire                 (3 - 7
                                                                                     day   day               4    8   12
                                                                  for hire    period                days)
                                                                                                           week week week
ACCESS EQUIPMENT                                                                                             +    +    +
Aluminium tower single width per rising mtr (inc toe boards,
stabilisers, lockable wheels and guard rail)
Aluminium tower double width per rising mtr (inc toe boards,
stabilisers, lockable wheels and guard rail)
Razadeck folding tower
Builders steps 5 tread (alloy) (Class 1)
Builders steps 6 tread (Class 1)
Builders steps 7 tread (Class 1)
Builders steps 8 tread (Class 1)
Builders steps 9 tread (Class 1)
Builders steps 10 tread (Class 1)
Builders steps 12 tread (Class 1)
2 section Aluminium ext ladders 3m (closed height) (Class 1)
2 section Aluminium ext ladders 4m (closed height) (Class 1)
2 section Aluminium ext ladders 5m (closed height) (Class 1)
3 section Aluminium ext ladders 2.5m (closed height) (Class 1)



                                 - 13 -
                                                                                                           Long Long Long
                                                                                                           term term term
                                                                    Qty      Minimum                Week
                                                                                     1st Additional        hire hire hire
DESCRIPTION                                                      available     hire
                                                                                     day   day
                                                                                                    (3 - 7
                                                                                                             4    8   12
                                                                  for hire    period                days)
                                                                                                           week week week
                                                                                                             +    +    +
3 section Aluminium ext ladders 3m (closed height) (Class 1)
3 section Aluminium ext ladders 3.5m (closed height) (Class 1)
Aluminium single section ladders 3m (Class 1)
Aluminium single section ladders 6m (Class 1)
Aluminium single section ladders 9m (Class 1)
Aluminium combi ladders 2m (closed length) (Class 1)
Aluminium combi ladders 2.5m (closed length) (Class 1)
Aluminium combi ladders 3m (closed length) (Class 1)
Roof ladder 4.8m
Roof ladder 5.4m
Roof ladder 6m
Light weight staging (450mm wide) 2.4m
Light weight staging (450mm wide) 3m
Light weight staging (450mm wide) 3.6m
Light weight staging (450mm wide) 4.2m
Light weight staging (450mm wide) 4.8m
Light weight staging (450mm wide) 5.4m
Light weight staging (450mm wide) 6m



                                 - 14 -
                                                                                           Long Long Long
                                                                                           term term term
                                                    Qty      Minimum                Week
                                                                     1st Additional        hire hire hire
DESCRIPTION                                      available     hire
                                                                     day   day
                                                                                    (3 - 7
                                                                                             4    8   12
                                                  for hire    period                days)
                                                                                           week week week
                                                                                             +    +    +
Light weight staging (450mm wide) 6.6m
Light weight staging (450mm wide) 7.3m
Superboard staging (600mm wide) 2.4m
Superboard staging (600mm wide) 3.6m
Superboard staging (600mm wide) 4.8m
Superboard staging (600mm wide) 6m
Superboard staging (600mm wide) 6.6m
Double Guard rail system inc toe boards (2.4m)
GENERAL BUILDING
Adjustable steel prop size 0 (1.07m - 1.82m)
Adjustable steel prop size 1 (1.75m - 3.12m)
Adjustable steel prop size 2 (1.98m - 3.35m)
Adjustable steel prop size 3 (2.59m - 3.95m)
Adjustable steel prop size 4 (3.20m - 4.87m)
Strongboy wall support
Scaffold board 8'/10'/12'
Steel trestles size 1 - 0.5m to 0.8m
Steel trestles size 2 - 0.8m to 1.2m



                                - 15 -
                                                                                                  Long Long Long
                                                                                                  term term term
                                                           Qty      Minimum                Week
                                                                            1st Additional        hire hire hire
DESCRIPTION                                             available     hire
                                                                            day   day
                                                                                           (3 - 7
                                                                                                    4    8   12
                                                         for hire    period                days)
                                                                                                  week week week
                                                                                                    +    +    +
Steel trestles size 3 - 1.0m to 1.75m
Guard barrier + foot (2m)
Mesh security fence (inc rubber feet and stabilisers)
CONCRETE & COMPACTION
Diesel concrete mixer (inc stand)
Petrol concrete mixer (inc stand)
110v mixer (inc stand)
Mixer stand
Plate compactor (petrol) 300mm plate
Plate compactor (petrol) 320mm plate
Plate compactor (petrol) 400mm plate
Petrol vibrating poker
Electric poker vibrator 110v
Paddle mixer 110v
ELECTRIC POWER, GENERATORS, LIGHTS, WELDERS
Extension cables 240v
Extension cables 110v
Fly lead



                                  - 16 -
                                                                                                    Long Long Long
                                                                                                    term term term
                                                             Qty      Minimum                Week
                                                                              1st Additional        hire hire hire
DESCRIPTION                                               available     hire
                                                                              day   day
                                                                                             (3 - 7
                                                                                                      4    8   12
                                                           for hire    period                days)
                                                                                                    week week week
                                                                                                      +    +    +
Transformer 2kva
Transformer 3kva
Transformer 5kva
Generators 2 kva (petrol)
Generators 2.7 kva (petrol)
Generators 3.4 kva (petrol)
Hydraulic Power pack
Carbon monoxide tester to be issued with generator for
example Kane Sense
Junction/Distribution box (110v)
Residual Circuit Device power breaker (plug in type)
Halogen floodlight (500w) c/w stand 110v
Inspection hand lamp 110v
Rechargeable lantern light 12v
Plasterers light c/w stand compact (twin 2' tubes) 110v
Plasterers light c/w stand lrg 5' flourescent tube 110v
DRILLING & BREAKING
Diamond core drill 110v



                                - 17 -
                                                                                               Long Long Long
                                                                                               term term term
                                                        Qty      Minimum                Week
                                                                         1st Additional        hire hire hire
DESCRIPTION                                          available     hire
                                                                         day   day
                                                                                        (3 - 7
                                                                                                 4    8   12
                                                      for hire    period                days)
                                                                                               week week week
                                                                                                 +    +    +
Cordless combi drill 24v
Cordless combi drill 18v
18v cordless hammer drill
24v cordless hammer drill
36v cordless hammer drill
Rotary Hammer drill
Light duty breaker 110v inc point/chisel
Medium duty breaker 110v inc point/chisel
Heavy duty breaker110v inc point/chisel
Percussion drill
Paddle Mixing Drill 110v
Hydraulic power pack 20 lt (petrol)
Hydraulic power pack 20 lt (petrol) c/w HD breaker
Point, Chisel, Bolster Comb holder medium duty
Point, Chisel, Bolster Comb holder heavy duty
GRINDING, CUTTING, SPLITTING
4" Angle Grinder 110v
5" Angle Grinder 110v



                                - 18 -
                                                                                Long Long Long
                                                                                term term term
                                         Qty      Minimum                Week
                                                          1st Additional        hire hire hire
DESCRIPTION                           available     hire
                                                          day   day
                                                                         (3 - 7
                                                                                  4    8   12
                                       for hire    period                days)
                                                                                week week week
                                                                                  +    +    +
7" Angle Grinder 110v
9" Angle Grinder 110v
12" Angle Grinder 110v
Stihl saw 2 stroke
Reciprocating saw 110v
Circular saw cordless
Circular saw cordless 110v
Cut off saw 2 stroke
Wall chaser light duty 110v
Wall chaser heavy duty 110v
Electric tile cutter 110v
Manual tile cutter
FIXING, CARPENTRY, SANDING & SAWING
Electric Power Planer 110v
Cordless planer 18v
Orbital sander 110v
4" belt sander 110v
Paslode gun IM200 Staple gun



                           - 19 -
                                                                                                Long Long Long
                                                                                                term term term
                                                         Qty      Minimum                Week
                                                                          1st Additional        hire hire hire
DESCRIPTION                                           available     hire
                                                                          day   day
                                                                                         (3 - 7
                                                                                                  4    8   12
                                                       for hire    period                days)
                                                                                                week week week
                                                                                                  +    +    +
Paslode gun IM250 brad nailer (Brad sizes 19-64mm)
Paslode gun IM350 Strip nailer (Nail sizes 51-90mm)
Paslode Air nailer
Paslode Air compressor
Jigsaw 110v
Cordless Jigsaw 18v (inc spare battery)
Circular Saw 7" 110v
Circular Saw 9" 110v
Cordless circular saw (inc spare battery)
DRAINS, PUMPING & PLUMBING
Submersible pump - Puddle sucker pump
HEATING, DRYING, COOLING & EXTRACTION
Fan Heater 3kw Domestic (240v)
Infra Red Heater 1.5kw red-rad
Infra Red Heater 3.0kw ceramic long wave
Infra Red Heater 3.0kw
Dehumidifier industrial
Dehumidifier domestic



                                - 20 -
                                                                                        Long Long Long
                                                 Qty                                    term term term
                                                          Minimum                Week
                                                                  1st Additional        hire hire hire
DESCRIPTION                                   available     hire
                                                                  day   day
                                                                                 (3 - 7
                                                                                          4    8   12
                                               for hire    period                days)
                                                                                        week week week
                                                                                          +    +    +
CLEANING, FLOOR MAINTENANCE & DECORATING
Pressure washer cold water 2000psi (petrol)
Wallpaper Stripper 110v
Vacuum cleaner 110v/240v
Industrial wet and dry vacuum 110v/240v




                            - 21 -
TECHNICAL CAPACITY/QUALITY
  [30%] OF WEIGHTED MARKS




          PART 3




           - 22 -
PLEASE ANSWER THE FOLLOWING QUESTIONS IN CONJUNCTION WITH
THE TENDER DOCUMENT:

Minimum order value (if any):________________________________ (C1)

Collection time from receipt of purchase order: _________ (C2)

Delivery time from receipt of purchase order: ______________________ (C3)

Delivery charge to site within Bolton Borough (if applicable) £___________ (C4)

Collection charge from site within Bolton Borough (if applicable) £_______ (C5)

Please provide copies of recent servicing records for equipment? (C6)

Yes  No  (√ if enclosed)

Please provide training records for staff in customer care and in the use and safe
demonstration of tools and equipment (C7)

Yes  No  (√ if enclosed)

Are you willing to provide a monthly Hire report to Bolton at Home at no extra
charge?

Yes  No  If your answer is no please state what the charge will be

£_________ (C8)

Please enclose a copy of your risk assessment for delivering equipment to site
and for manual handling. (C9)
                                             (Please √ if enclosed)

Fax/email/address to which orders are to be forwarded:

________________________________________________________________

________________________________________________________________

Depot from which service will be provided:__________________________ (C1)

Settlement terms:_______________________________

Area manager or representative

Name: ___________________________________________________________



                                     - 23 -
Address:________________________________________________________

________________________________________________________________

Telephone Number: ________________________________


Full name and registered address:_______________________________

                                 _______________________________


Nature of Organisation – Public Company / Private Company / Partnership / Self
Owned.

Company Registration no.__________________

Are you associated with any other Organisation: Yes  No 


If yes, please give details: _______________________________

Role of Organisation – Manufacturers / Assemblers / Producers / Sole Agents /
Service Suppliers / Wholesale / Retailers.

Products / Services being offered:_______________________________

Average value of contracts awarded to your company during the current year:

£_________________

Highest value of contracts awarded to your company during the current year:

£_________________

Are you willing to be inspected at your business address? Yes  No 


Company turnover for the previous year:£________________


Please give the name and contact details of the person acting as the competent
health and
safety advisor in your company.
________________________________________________________________

________________________________________________________________

                                   - 24 -
      It is essential that all questions are answered fully, otherwise your tender
      application may not be considered.

      Signed ________________________________________________

      Designation________________________________________________

      Address________________________________________________

      _________________________________________________

      Telephone Number_______________       Date_______________




      TECHNICAL REFERENCES – THESE SHOULD REFLECT ANY WORK OF A
      SIMILAR TYPE OF WHICH YOU ARE APPLYING FOR.

          You do not need to supply references if you currently supply or have
          supplied Bolton at Home within the last 2 years.



     NAME & ADDRESS           CONTACT NAME AND EMAIL           TENDER       DATE OF
                                   ADDRESS FOR
     OF ORGANISATION           SUPERVISING OFFICER              PRICE      CONTRACT

1.



2.



3.




                                        - 25 -
 Equalities Questionnaire

 Section A – Compulsory Questions
 To be completed by all those contractors invited to tender

 Section A of this questionnaire must be completed satisfactorily in order for any
 company to be considered for any Approved List or tender. The equality legislation
 consists of the Race Relations Act 1976, the Sex Discrimination Act 1975, the Equal Pay
 Act 1970, the Disability Discrimination
 Act 1995, the Employment Equality (Sexual Orientation) Regulations 2003, the
 Employment Equality ((Religion/Belief) Regulations 2003, all amendments to these Acts
 and all relevant regulations made under them.

 [Pleases tick appropriate box to answer questions and if you wish to provide additional
 information please attach supplementary sheets, but keep this to a minimum]

1. Do you have policies in place to ensure that you as an employer and as a service
   provider comply with your statutory obligations under the equality legislation,
   which applies to Great Britain, or equivalent legislation in the countries in
   which you employ staff?

           Yes                                              No

2. Accordingly, do you have policies in place to ensure that you do not discriminate
   directly or indirectly in breach of equality legislation which applies in Great Britain
   and legislation in the countries in which you employ staff:

          In relation to decisions to recruit, select, remunerate, train, transfer
           and promote employees?

           Yes                                              No


          In relation to delivering services?

           Yes                                              No

3. Do you have a written equality policy?

           Yes                                              No




                                             - 26 -
4. Does your written equality policy cover:

          Recruitment, selection, training, promotion, discipline, and dismissal?

           Yes                                            No

          Victimisation, discrimination and harassment making it clear that these are
           disciplinary offences?

           Yes                                            No


          The identity of the senior position for responsibility for the policy and its
           effective implementation?

           Yes                                            No

 5. Is your policy on equality set out:

          In documents available and communicated to employees, managers, recognised
           trade unions or other representatives groups?

           Yes                                            No

          In recruitment advertisements or other literature?

           Yes                                            No

          In materials promoting your services?

           Yes                                            No




                                           - 27 -
If you answered NO to any part of questions 4 to 5 please provide list evidence to show
how you promote equality in employment and service delivery




If you answered YES to any part of questions 4 or 5, detail list evidence that can support
your answers below




6. In the last three years, have any findings of unlawful discrimination been made against
    you or your firm by the Employment Tribunal, the Employment Appeal Tribunal or
    any other court or in comparable proceedings in any other jurisdiction?

   Yes                                               No

 7. In the last three years, has any contract with you or your firm been terminated on
    grounds of your failure to comply with:

              Legislation prohibiting discrimination?

           Yes                                       No

            Contract conditions relating to equality?
           Yes                                     No




                                         - 28 -
 8.If the answer to question 6 or 7 is YES please provide details below and specify what
     steps you or your firm have taken as a result
        (continue on an additional sheet if required)




 9.In the last three years, have you or your firm been the subject of formal investigations
     by the Commission for Racial Equality, the Disability Rights Commission, The
     Equal Opportunities or a comparable body, on grounds of alleged unlawful
     discrimination ?

       Yes                                           No

 10. If the answer to question 9 is YES please provide details below and specify what
     steps you or your firm have taken as a result
       (continue on an additional sheet if required)




11. If you are not currently subject to UK employment law please supply details of how
    you or your firm comply with equivalent legislation that is designed to eliminate
    discrimination and to promote equality of opportunity
    (continue on an additional sheet if required)




                                        - 29 -
BOLTON AT HOME TERMS




       PART 4




        - 30 -
BOLTON AT HOME

GENERAL CONDITIONS OF TENDER AND CONTRACT

Definition of terms

1)    Throughout the tender documents the masculine shall include the feminine and
      neuter, the singular shall include the plural and vice versa, and the following
      terms shall have the meanings hereunder specified, namely:-

      a) Tender documents, shall mean these general conditions, the Form of Tender,
      the Specification, the form of agreement and any other related documents or
      papers.

      b) „The Company‟ shall mean Bolton at Home inviting persons, firms, contractors
      or other bodies to submit tenders and subsequently entering into Contracts with
      successful Tenderers.

      c) „User‟ shall mean Bolton at Home and any other Local Authority or public body
      specified in sub section 4 of section 1 of the Local Authority (Goods and
      Services) Act, 1970 or any Orders made thereunder nominated by Bolton at
      Home (Either before or during the continuance of any contract made in
      pursuance hereof) who wish to participate in any Contract for the supply and
      delivery of goods and/or services.

      d) „Contractor shall mean any of those persons, firms, companies or other bodies
      whose tender is accepted in whole or in part, or his personal representatives,
      successors, permitted sub-contractors, transferees underlessees and others
      deriving title under them, and their respective agents.

      e) „Tenderer‟ shall mean any of those persons, firms companies or other bodies
      who have submitted or propose to submit a tender or Quotation for the business
      specified in the Schedule and /or Specification herewith and such term shall
      include a Contractor where the context of these Conditions so admits.

      f) ‟Contract Period‟ shall mean the period of the Contract as specified in the
      Tender Documents.

      g) „Item‟ shall mean any goods and / or service for which tenders are invited.
      “Goods” means such articles, materials or commodities as are described in the
      Schedule         to the Tenderer or Order. “Services” means the services to be
      delivered by the Contractor under this Agreement as detailed in the service
      specification.

      h) „Approving Officer‟ shall mean any person who has been authorised by a User
      to order and /or accept delivery of any items which are the subject of the Tender
      documents.

       I) Contractor‟s Authorised Officer shall mean the person appointed by the
       Contractor to manage the Agreement on its behalf and shall include any deputy
       appointed.

                                        - 31 -
        j) “Order” means an Order placed by BH on behalf of BMBC with the Supplier for
       the     supply of goods/services. These conditions shall be construed in
       accordance with English      Law.



2. Submission of Tenders

The submission of a tender for the supply and delivery of any item set out in the Tender
Schedule and/or Specification shall be made in accordance with the Tender documents
and users shall not be bound by any variation, addition to or waiver of any condition
contained in the Tender documents except as shall have been specifically agreed
between Bolton at Home and the Contractor in writing and signed in accordance with the
provisions of clause 45 of these Conditions.

Tenders will be accepted only if submitted on the Form of Tender herewith.

The Form of Tender must be signed and dated .

       a) In the case of a Partnership by a person duly authorised to sign and bind the
       Tenderer or, if no person has such authority, by all Partners.

       b) In the case of a Limited Company and in any other case by a person duly
       authorised to sign and bind the Tenderer.

Bolton at Home shall not be under any duty to check that persons purporting to have
authority to sign and bind any Tender have such authority and the Company shall be
entitled to assume that all forms of tender are properly signed and that any information
given in the Tender documents to be completed by the Tenderer is properly given and
capable of acceptance by Bolton at Home.

The Tenderer shall check that all Tender Documents have been completed and signed
as appropriate in accordance with clause 2 hereof and shall return all Tender
Documents to the Officer of Bolton at Home specified in the tender instructions in a plain
sealed envelope bearing the word TENDER, followed by the subject to which the tender
relates at the address given and by not later than the time and date stated in the
invitation to tender. The envelope must NOT bear any name, mark or postal franking
impression by means of which the Tenderer may be identified.

The Tender Documents shall be returned in their entirety together with any
supplementary papers securely attached. Bolton at Home will not be responsible for any
loss of documents and/or papers because of non- compliance by the Tenderer with this
requirement and any such non- compliance may prejudice consideration of the Tender.
Where the Tenderer submits any additional supplementary papers in support of his
Tender whether accompanying or under separate cover from the Tender documents
such additional supplementary papers must indicate clearly the name of the sender and
the Tender to which they relate.

The Tenderer may submit tenders for the supply and delivery to all Users, and/or to any
user and/or to any combination of users.


                                        - 32 -
The Company will consider tenders for any or all of the items set forth in the Tender
Schedule and/or Specification and reserves the right to divide any item for which bone
fide Tenders are received between two or more Tenderers.

Tenderers may qualify their Tenders, but only by stating the minimum level of
expenditure they would require and/or minimum quantity of goods Users would be
expected to order, without prejudice to the provision of clause 3 below.


3. Estimated requirements

The estimates of quantities and/or anticipated expenditure specified in the Tender
Documents are given for the information and guidance only of Tenderers, and Users
shall not be bound to order other than in accordance with their business judgement. The
estimates are given in good faith so as to indicate to Tenderers the volume of business
which it is presently expected may take place, but Users may make any decision
whatever in consequence of which their requirements for all or any item the subject may
change and Users may do this at any time before or during the period of the contract
without incurring any penalty or loss.

The estimates are based on the levels of service provided by the Users at the present
time. These services, however, are subject to the provisions of legislation relating to
competitive tendering and any variation in the levels of service provided as a result of
this may affect the volume of items required.


4. Receipt and Acceptance of Tenders

Subject to the Standing Orders of Bolton at Home no tender received after the time on
the date stated in the Tender Documents will be considered and incomplete tenders may
be rejected except where the Tenderer is tendering for only part of the business for
which the tenders have been invited.

Bolton at Home does not bind itself to accept the lowest or any tender and neither the
Company nor the Users undertake to order a specific quantity of any item for which a
tender is accepted and the right is reserved to accept tenders for all or any part of the
Items for which Tenders have been invited.

In the event that a Tenderer is accepted by Bolton at Home as sole supplier of all or any
Items specified in the Tender schedule and/or Specification Users undertake that if any
such Tenderer duly performs and observes the terms of the Contract they will use their
best endeavours to ensure that their departments do not during the currency of the
Contract make in pursuance hereof ( except as reserved by clauses 20 and 33 of these
conditions) purchase from any other source any such item the subject of the contract for
use in any establishment which is specified in any Schedule of Premises (as supplied to
the Tenderer or as subsequently amended under Clause 8 hereof) unless prevented
from so doing by circumstances outside its control.




                                         - 33 -
5. Revocation of Offer

The Tenderer shall not at any time after submitting a tender cause the offer thereby
made to be withdrawn or revoked.

The Tender or any portion thereof shall remain open for acceptance by Bolton at Home
for a period of not less than 60 days following the closing date for the return of Tenders,
unless otherwise stated in the Tender Documents.

6. Making a Contract

Unless a formal Contract is prepared and executed, the Supplier‟s tender, accepted
under the hand of the Director of Business and Financial Services or his duly authorised
representative, together with these Standard and additional Conditions of Contract shall
constitute a binding Contract. Any standard Conditions of the Supplier shall not form
part of the Contract.


A copy of a draft Form of Agreement may accompany these Conditions. Successful
Tenderers may, according to the Company‟s wishes, be required to execute either that
form or such other form of Agreement as may reasonably be required by Bolton at Home
and return it within 28 days of receipt of the same by the successful tenderer.

No written or oral communication between Tenderers and Bolton at Home (other than
the completed tender documents) shall form part of any contract between the parties
unless specifically incorporated in Bolton at Home‟s letter of acceptance or the formal
contract.

This Agreement supersedes all prior agreements, arrangements and understandings
between the parties and constitutes the entire agreement between the parties (save that
neither party seeks to exclude liability for any fraudulent pre-contractual
misrepresentation upon which the other party can be shown to have relied



7. Completion of Contract

If the Form of Agreement, in whatever form, has not been completed prior to the date
stated in the Tender Documents as the date of commencement of the contract period
the Tender Documents together with Bolton at Home‟s letter of acceptance and any
other appropriate correspondence shall constitute a binding contract between the
Tenderer and Bolton at Home.




8. Schedule of Premises.

Bolton at Home reserves the right for any User to add to or delete from any Schedule of
Premises produced by it which has been or may be delivered to Tenderers without such
User incurring any liability whatsoever.


                                         - 34 -
9. Contractors Obligations

The Contractor shall during the Contract Period provide the Services in accordance with
the terms and conditions contained herein.

In providing the Services the Contractor will exercise all the reasonable skill and
diligence to be expected of a properly qualified and competent person experienced in
the provision of Services of this nature and in the carrying out of the works.

The Contractor shall at all times comply with all reasonable directions from BAH in
relation to the provision of the Services.

The Contractor shall comply with all monitoring requirements imposed by BAH as
detailed in the service specification.

The Contractor shall appoint the Contractor‟s Authorised Officer and inform BAH of
his/her name within 14 days from start of Contract and in the event that the Contractor‟s
Authorised Officer is replaced the Contractor shall inform BAH of the name of the
replacement as soon as is reasonably practicable.

The Contractor shall not at any time during the term of this Agreement knowingly act in
any capacity for any person or persons firm or Contractor in circumstances where a
conflict of interest would or might exist between its professional duties towards such
person or persons firm or Contractor and its duties to BAH hereunder. The Contractor
shall inform BAH immediately if any potential conflict arises.

The Contractor shall not do anything by reason of which BAH may incur or become
liable to pay any penalty damages compensation costs charges or expenses

The Contractor shall inform BAH promptly and in writing of any problems encountered by
the Contractor in delivering the Services which the Contractor is unable to resolve

The Contractor shall at all times employ (or procure the employment) at its own expense
all necessary personnel for the purpose of delivering the Services

The Contractor shall at all times employ skilled and experienced personnel to deliver the
Services
The Contractor shall secure a sufficient number of trained personnel to provide staffing
cover during staff holidays absence due to sickness or voluntary absence

It is a requirement of the Tender that the successful supplier will hold sufficient stocks to
cover the approximate order quantities as detailed on the Tender Schedule. Failure to
carry such stocks could lead to termination of the contract.


10. Nature of Goods

Bolton at Home may require samples of any Item for which a Tender has been submitted
and Tenderers shall make no charge of any kind therefore. Such samples shall be
readily available and may be subjected to any test which the Company considers

                                         - 35 -
necessary in order to evaluate Tenders properly and, in the event such samples are
required, all Items supplied or to be supplied under any Contract made and for which a
sample has been approved shall be equal in all respects to such sample. Bolton at
Home will make random checks or tests to ensure that this and any other specified
requirements are met and if there is any deficiency whatsoever in any Item so checked
or tested the costs incurred by Bolton at Home in carrying out such check or test shall be
borne by the Tenderer.

Bolton at Home and any nominated partner shall at all reasonable times have access to
the premises or works of the Supplier and shall be afforded facilities for inspecting and
testing any goods at the works of the Supplier before delivery.


Bolton at Home or any nominated partner may analyse or test, or cause to be analysed
or tested any goods delivered by the Supplier, and if such goods are found not to be
equal to or vary from the specification may reject the whole or any part thereof and
recover the cost of the analysis or test from the Supplier.




11. Delivery

During the Period of the Contract the Supplier shall, on executing an order, properly
pack and secure the goods in such a manner as to reach their destination in good
condition under normal conditions of transport and thereafter deliver the same or cause
them to be delivered free from delivery, carriage and other charges (unless otherwise
stated in the tender documents) at the place or places as may be directed and in such
quantities and at such times as specified in the Order by BH or its duly authorised
officer.

Products which are likely to he hazardous to health if not used strictly in accordance with
manufacturers instructions, must have each individual container marked with a suitable
warning in accordance with current Health and Safety at Work/COSHH Regulations. All
relevant health and safety data/COSHH information sheets must accompany the
submitted tender.

Title to goods which are the subject of an official order shall pass to Bolton at Home on
delivery unless otherwise stated in the tender documents.


12 Lead Time

The specified delivery period is vital „Time is of the essence‟. The successful Supplier
will be expected to fulfil the promises made and at all times communicate any difficulties
which will affect that period. Failure to comply with the agreed delivery period could lead
to termination of the contract.



13. Deficiency of Description


                                         - 36 -
Bolton at Home shall not be responsible for any deficiency in description in the tender
documents.


14. Statutory Obligations

All contractors/suppliers must comply with all relevant legislation during the period of the
agreement/ contract between the contracting Authority and the successful tenderer/
company submitting quotations. Any new legislation coming into force during the period
of the contract/agreement will also apply (if applicable)

All contractors/ suppliers are required to comply with ALL statutory requirements that
directly affect the goods or services to be supplied both in terms of the quality standard
of goods/items/ product and any packaging, transport, carriage or other arrangements
related thereto AND such requirements shall include but are not exclusively limited to
Health and Safety, race Relations, Disability Discrimination, AND such European Union
Directives relevant to the contractual arrangement.


15. Confidentiality


Subject to Clause 16 below each party will keep confidential the contents of this
Agreement and all information disclosed by one party to the other party (“the Receiving
Party”) in connection with this Agreement except as may be strictly necessary for the
performance of the Receiving Party‟s obligations under this Agreement or except as may
be strictly required by law


16. Freedom of Information Act 2000

The Contractor shall provide all reasonable assistance to enable Bolton at Home to
comply with any request received under the Freedom of Information Act.

a) The Contractor shall provide all reasonable assistance to enable Bolton at Home to
comply with any request received under the Freedom of Information Act (FOIA),
including when it becomes applicable to Police Authorities, and the guidance contained
in the code of Practice issued under Section 45 of the Act.

b) In the event that any request made under the FOIA relates to the Contractor, the
services, the contract price or any other matter which falls under the auspices of this
agreement, the Company shall consult with the Contractor prior to disclosure.

The guiding principle of Bolton at Home will be that all information should be disclosed
except where it can demonstrate good reason not to disclose. If the contractor wishes to
reserve any information from disclosure under the Act he must put forward any
information or classes of information which it is wished to have (reserved information)
reserved and the grounds of the exemption which relate to the information which may be
one of more of the following:

       1.      That the information constitutes a trade secret and is eligible for
               exemption under section 43(1) of the Act.

                                         - 37 -
       2.      That the disclosure of the information would prejudice the commercial
               interest of any person under section 43(2) of the Act.

       3.      That the information will be disclosed by the contractor to Bolton at Home
               and that the nature of the information, or the circumstances in which it is
               imparted or the circumstances are otherwise such as to justify the
               acceptance by the authority of and obligation of confidence in respect of it
               section 41(1) of the Act.

       4.      That the information is personal data or otherwise relates to the private
               life of an individual which is appropriate for protection section 40 of the
               Act.

       5.      Any other specific exemption under the Act.

c) In relation to all other information the Company shall have an absolute discretion to
determine the question of disclosure having consulted with the Contractor in accordance
with the clause above.

d) The Contractor shall indemnify Bolton at Home and hold it harmless from and against
all liability, costs, claims, actions, losses, damages and expenses whatsoever arising
directly or indirectly as a result of any decision by the Information Commissioner that
information classed by the Contractor as confidential should be disclosed under the
Freedom of Information Act 2000.

e) The Company will not enter into contractual terms which purport to restrict the
disclosure of information held by Bolton at Home and relating to the contract and will
look to reject confidentiality clauses relating to the terms, value and performance
wherever possible.

f) Any request received by the Contractor or third party for disclosure of information
owned by Bolton at Home, such information may include matters relating to, or arising
out of the performance of the Agreement, should, without delay, be forwarded to Bolton
at Home to be dealt with in order to comply with its obligations and legal duties under the
FOIA, within the requisite period (20 working days), and the Contractor or third party
should assist Bolton at Home in responding to the access request.

The Tenderer shall permit any duly authorised representative of Bolton at Home either
before or during the Contract period to carry out or have carried out such inspections
and/or investigations and/or tests as the Company shall consider necessary upon giving
reasonable notice (3 days) to the tenderer so as to ensure that the tenderer is able to
fulfill his obligations under any contract which Bolton at Home may be considering
awarding or have awarded to him.


17. Race Relations Amendment Act

The Provider shall adopt a policy to comply with its statutory obligations set down in the
Race Relations Amendment Act 2000 and, accordingly, shall not treat one group of
people less favourably than others because of their colour, race, nationality or ethnic
origin in relation to any decision to recruit, train, or promote it's staff.

                                         - 38 -
The Provider shall if requested set out its policy on race relations: -

       i        In instructions to those concerned with recruitment, training, and
               promotion;

       ii      In documents available to its personnel, recognised Trade Unions, or
               other representative groups;

       iii      In recruitment advertisements and other literature

       The Provider shall, on request, provide Bolton at Home with examples of the
       instructions and other documents, recruitment advertisements, and other
       literature.

       The Provider shall co-operate with any investigations arising out of contravention
       of the Race Relations Act.

       The Provider shall observe as far possible the Commission for Racial Equality's
       Code of Practice in employment as approved by Parliament (1983), which gives
       practical guidance to employers and others on the elimination of racial
       discrimination and the promotion of equality of opportunity in employment,
       including the steps that can be taken to encourage members of the ethnic
       minorities to apply for jobs or take up training opportunities. The Provider shall
       provide such information as Bolton at Home may reasonably request for
       assessing the Provider's compliance with this Code of Practice

       If any Court or tribunal, or the Commission for Racial Equality, should make any
       finding of unlawful discrimination against the Provider, then the Provider shall
       forthwith take all necessary steps to prevent reoccurrence of such unlawful
       discrimination. Bolton at Home may require the Provider to supply full details of
       the steps taken to prevent such reoccurrence.

       The Provider shall not in relation to the employment of persons for the purposes
       ofproviding the Service discriminate against a person contrary to the Disability
       Discrimination Act (1995) and the Sex Discrimination Act (1975).


18. Pricing, Price variation and Invoicing

The Tenderer shall comply with the terms and conditions relating to pricing, price
variation and related matters specified in the Tender Documents and no price variation
will be considered otherwise than in accordance with the said terms and conditions. All
other things being equal, the Company will give reasonable preference to Tenderers
whose Tenders quote firm prices without reference to any price variation provisions.

Tendered prices must include all costs incurred in providing the Items (including
delivery) as specified in the Tender Documents but shall unless otherwise indicated in
the Tender Documents exclude Value Added Tax, where applicable. All prices to be
quoted in the decimal form with a maximum of two decimal places in the £. These prices
are for the use of Bolton at Home or any nominated partner in relation to works on
properties owned by Bolton MBC.

                                          - 39 -
Tender Documents shall be completed exactly as indicated therein and the practice of
submitting a general „price list‟ or stating that a list price less discount shall apply or such
other similar practice, unless specifically required in the Tender Documents, may result
in the offer being disregarded and no Tender will be accepted which is stated to be
subjected to a condition that the prices are to be „those ruling at the date of delivery‟ or
„subject to fluctuations‟ or other like condition.

The Tenderer may submit any proposals for discount to be given for volume of business
awarded schemes, and such schemes may be on a retrospective basis.

The Tenderer may submit with his Tender proposals for any invoicing scheme which he
considers may be of benefit to Users and all invoices shall be sent directly to Users in
accordance with such proposed invoicing scheme, if agreed by the Users. If no invoicing
scheme is proposed and agreed the Contractor shall deliver or send an invoice for the
entire sum due to him for each delivery of Items under this agreement.

Neither BAH or the Supplier shall be bound by any variation, addition to, or waiver of
these conditions except as agreed by the parties in writing and signed on their behalf by
their respective duly authorised representative

The Contractor shall, following a request from BAH, use its reasonable endeavours to
deliver Additional Services. Where Additional Services are delivered by the Contractor
such Additional Services shall be subject to the terms and conditions of this Agreement
in all respects as if they were included within definition of the Services and shall be in
accordance with the financial rates agreed between BAH and the Contractor

The Contractor shall at all times comply with prevailing statutory requirements

Accounts for goods/services shall be rendered for payment quoting the order number to
the consignee, or as otherwise directed on the Official Purchase Order. All settlement
discounts quoted by the Supplier in the Schedule to the Tender shall be allowed on such
accounts if paid during the period therein stated.


19. Price Variation

a) This condition shall only apply if:-

        i) it is not expressly excluded by the Tender Documents, and

        ii) the contractor (by express reference in his tender) expressly requires it to
        apply.

b) If after the date by reference to which the tender price for an Item has been calculated
( and after the expiry of any period for which the Contractor has agreed that his
Tendered prices will hold firm) the cost of that item to the Contractor is varied (by reason
of any variation in the cost of labour, materials, fuel, transport or in the rate of any
relevant tax or otherwise) the price for such an Item payable to the Contractor for its
supply under this agreement shall be varied by the same amount as the cost to the
Contractor has varied., provided that:-

                                           - 40 -
       i)      any claim by the Contractor for a variation in price shall be proved to the
               satisfaction of the Company by the production of such evidence as it shall
               reasonably require.
       ii)     Any agreement for a variation in price shall be recorded in writing and
               signed on behalf of the Company, and shall take effect on the date
               agreed.
       iii)    A variation in price shall only apply to orders placed after it has taken
               effect, unless otherwise agreed by the Company.
       iv)     Until a variation in place has been agreed the Contractor shall ensure
               continuity of supply of all Items included in this agreement and shall not
               delay their delivery.

It is BH‟s intention to enter into contracts on a firm price basis for a period of not less
than six months. „Prices ruling at date of dispatch‟ cannot be accepted as a basis. BH
are willing to establish a formula for subsequent amendments and to do so require a
statement of the principle cost headings expressed as a percentage of the prices
quoted. Kindly submit your figures which will be treated in strictest confidence. A
minimum of one month’s notice in writing must be given by the Supplier for variation of
any price. Only those factors of cost declared above will be considered and the
applications must indicate which factor has been affected by change which must be
supported by documentary evidence. Any price increase could lead to termination of the
contract.


20. Competition

If during the Contract period, the Company learns that it is possible to obtain an identical
item at a lower price than the contract price then the Company may request the
Contractor to review the contract price and should the Contractor be unwilling to do so,
the Company shall be free to purchase such items from the cheapest source without
incurring any liability whatsoever.


21. Insurance Cover

Successful tenderers shall effect and maintain such insurance cover as may be specified
in the Tender Documents. Where required, evidence of valid insurance shall be provided
for inspection and in the event of such insurance expiring during the contract, it will be
incumbent on the Contractor to produce evidence of renewal of insurance.

22. Canvassing

Canvassing is prohibited and any Tenderer who is guilty of so doing will be disqualified
and apart from any other action which may be taken against him will not be allowed to
tender again to Bolton at Home for a minimum period of three years following the date of
expiry of the contract, the subject of the tender.
The supplier or any person employed by the supplier or acting on the Supplier‟s behalf
whether or not to the Supplier‟s knowledge, shall not, in connection with this contract,
give, provide or offer to Bolton at Home‟s staff or agents or any other person any loan,
fee, reward, gift or emolument or advantage whatsoever as an inducement or reward for


                                         - 41 -
taking or not taking any action in relation to the Contract or any other contract with the
Company.

23. Contract to remain in force.

This agreement shall remain in full force and effect throughout the period mentioned in
the Tender documents or any agreed extension of such period (The contract period) but
if the Contractor commits a breach of contract this agreement may, at the discretion of
Bolton at Home, be terminated in writing by it immediately without compensation to the
Contractor and any loss resulting from such breach shall be a debt due and owing from
the Contractor to the Company and be forthwith recoverable by action or otherwise.


24. Items to be supplied to a Planned Program

All and any items supplied or to be supplied under this agreement shall be supplied in
accordance with the planned program (if any) set out in the Tender Documents.

All and any Items supplied or to be supplied under this agreement shall be supplied only
to a written order issued by a user, except in the case of emergency in which latter case
users may give the Contractor appropriate oral instructions which shall be forthwith
acted upon by the Contractor but which shall also be confirmed in writing by Users, in
every instance.


25. Quality of Items

All and any Items supplied or to be supplied under this agreement shall comply in all
respects with the relevant requirements of all and any statutes, Orders, Bye-Laws,
Notices and Regulations from time to time in force about which the Contractor is or
should have been aware and where an EN or ISO or British Standard equivalent or
British Standard Code of Practice issued by the British Standards Institute is in force
shall conform to that standard, at least.

Where a sample has been produced and approved any Item supplied or to be supplied
under this agreement shall be equal in every respect to such sample.

All and any Items shall be free from defect and conform in all respects with the
particulars specified in the schedule and/or specification.

In the absence of any accepted standard any item shall be the best of the type or kind
specified.




26. Carriage and Containers

a)The articles or materials shall be delivered free of charge to the Company, and at the
risk of the Contractor, at places and in accordance with the directions contained in the
official order or Special Conditions.


                                          - 42 -
b) The Company shall be under no obligation to return any packaging materials: if it
does so, such returns shall be at the Contractor‟s risk and expense.

c) Bolton at Home reserves the right to add to or delete from any schedule of premises
provided to the Contractor, in such an event the Company will not accept any liability for
any additions, costs or inconvenience caused to the Contractor.


27. Signature of Approving Officer

The Contractor shall obtain the signature of the Approving officer as evidence that any
Item claimed by the Contractor to have been delivered to any User has been so
delivered and placed by the Contractor‟s employees in such a position as required by
the Users to the satisfaction of the Approving Officer but such signature shall not
otherwise operate as an acceptance of the Item.


28. Acceptance of Items

Users shall not be deemed to have accepted any item offered for delivery unless and
until the Approving Officer (whose decision shall be conclusive) shall have had proper
opportunity to examine thoroughly or test such Item and ensure that the same ( as the
Contractor agrees that it shall):-

       a)      complies in all respects as to quantity, quality, fitness, condition or
               otherwise with the requirements stated in the Tender Documents; and

       b)      is free from defect of any kind whatever.


29. Deficiency of Items

If following receipt and examination or testing of any item offered for delivery to a User
the Approving Officer considers that such Item does not conform in all respects with the
requirements of the Company as stated in the Tender Documents or that the same is in
any way deficient the Contractor shall:-

       c)      within a reasonable period determined by the Company having regard to
               all the circumstances and in particular the nature of this agreement and
               the Items contracted to be supplied hereunder („the reasonable period‟)
               rectify the position to the entire satisfaction of the Approving Officer
               following notice being given to the Contractor about any deficiency in
               fulfilling his contractual obligations, and

       d)      where an invoice has been rendered in respect of such Item the
               Contractor shall forthwith issue a Credit Note for the Item supplied and
               rejected and re-invoice the replacement item separately following delivery
               of the same.


PROVIDED ALWAYS THAT nothing shall prejudice the right of Bolton at Home to take
any action or recover any monies in respect of any breach of this agreement.

                                         - 43 -
30. Failure to remedy Deficiency

Should the Contractor fail to remedy any deficiency in the fulfilment of his contractual
obligations, about which notice has been given to him, within the reasonable period, any
User shall be empowered to take such steps as in its absolute discretion considers
necessary so as to rectify the position to the satisfaction of both itself and other users
and recover any costs thereby incurred from the Contractor.

31. Removal of Rejected Goods

In the case of items which have been supplied and delivered pursuant to an order made
by a User and which have not been accepted by the approving officer for whatever
reason but which have not been removed by the Contractor within the period specified in
the notice requiring the removal of such items following notice having been received by
him ownership in the goods shall pass to users who may cause any such goods to be
removed sold or otherwise disposed of as they in their absolute discretion shall think fit
without being or becoming liable to the Contractor for any loss or damage sustained by
him in consequence thereof and without being or becoming liable to account in any way
to the Contractor for any monies paid to Users in the event of sale.


32. Payment

Users shall pay to the Contractor who shall accept as the price of any item which has
been supplied and approved sums of money ascertained at the rates or prices and in
accordance with the terms and conditions stated in the Tender Documents and forthwith
following payment having been made by a User ownership shall pass to that User.


33. Purchase from an Alternate Supplier

Should the Contractor for any reason whatever fail to deliver any Item the subject of this
agreement at any time throughout the Contract Period or be otherwise in breach of or fail
to fulfil any obligation imposed upon him by virtue of this agreement the Company may,
in its absolute discretion determine the same, without incurring liability, either in whole or
in part or to the extent only of such failure or breach on the part of the Contractor, and
Users may then purchase from another source any Item required by them to make good
any failure or breach on the part of the Contractor or, in the event of this agreement
being wholly determined, any Items which but for the breach or failure of the Contractor
might otherwise have been ordered from him.




34. Contractor Liable for Excess cost

Any excess cost over the Contract price incurred by Users in exercise of their rights
under clause 33 hereof together with all charges and expenses attending such purchase
which may be incurred because of any failure or breach on the part of the Contractor


                                          - 44 -
shall be recoverable by Users from the Contractor by action at law or in accordance with
clause 35 of this agreement.

35. Liquidated damages

In the event that the goods/supplies or services are not provided within the agreed
timescale or are not to the quality standard that is required under the terms of supply,
the Company reserves the right to levy damages for such delay calculated on the basis
of the loss to the Company as a result of such delay.

36. Force Majeure

Neither party will be liable for any delay in performing or failure to perform any of its
obligations under this Agreement due to any cause outside its reasonable control
(“Force Majeure Event”)

Any delay or failure caused by a Force Majeure Event will not constitute a breach of this
Agreement and the time for performance of the affected obligation shall be extended by
such period as is reasonable. Any costs arising from the delay or stoppage of the
provision of Service under this contract shall be borne by the party incurring those costs.



37. Cartels

The Contractor shall not be a party to a cartel, whether price fixing, market sharing or
otherwise. If however it becomes established that the Contractor is a party to a cartel (of
any kind), Bolton at Home will promptly report the fact (with details of the surrounding
circumstances) to the Office of Fair Trading, the Company will terminate the agreement
forthwith, and if any relevant account or accounts of the Contractor has/have already
been paid in full the Company reserves the right to seek compensation from the
Contractor and, if necessary, to sue for damages of such amount as may be advised.


38. Power of Set-off

Where any monies shall become due or be recoverable by Users from the
Contractor by virtue of the provisions of this agreement and where Users are in
possession of monies due or to become due to the Contractor such monies shall be held
by Users and any monies so due to or recoverable from the Contractor may be deducted
from or offset against such monies.


39. Contractors to Indemnify

The Contractor shall indemnify and keep indemnified Users from and against all and any
actions, proceedings, costs, claims, demands, liability, damages, charges expenses
and/or loss which they may sustain, incur be put to or become in any way liable for either
directly or indirectly by reason or in consequence of any of the following happenings,
namely:-



                                         - 45 -
       a)      the infringement by the Contractor its agents or suppliers of any patent,
               patent rights, design, trade mark, name or other rights of third parties.
       b)      Damage to any property whatsoever or the death of or injury to any
               person whomsoever which in the absence of this agreement would not
               otherwise have arisen and in particular damage to property or the death
               or injury of any person whomsoever which is due to the defect of any Item
               supplied under this agreement (fair wear and tear after delivery to Users
               excepted)
       c)      Failure by the Contractor to comply in all respects with the appropriate
               requirements of all and any statutes, Bye-laws, Notices and regulations
               from time to time throughout the Contract period in force about which he
               is or should have been aware.
       d)      Any claim which may be made in respect of employer‟s liability by any
               workpeople employed by the Contractor and subject to clause 39 hereof
               any sub-contractor, underlessee, transferee or assignee.

And the Contractor shall where required by the Tender Documents insure against and
pay and discharge all costs, charges and expenses which may be or become properly
payable by reason of any such happening and Users may recover from the Contractor
any amount which they have been paid arising out of such actions proceedings costs
claims and demands liability damages charges expenses and/or loss as aforesaid.

40. Material and property of Bolton at Home

The Supplier shall be liable for any damage to or loss of any material or property of BH
sent to the Supplier by BH for any purpose in connection with the Contract, whilst the
material or property is in the possession of the Supplier and the Supplier shall insure any
such material or property against such damage or loss.

Any plans, designs or similar works provided by BH, remain the property of BH at all
times and the Supplier shall use such works only for the purpose of fulfilling his
contractual obligations. The Supplier shall not acquire any rights in the works and shall
not publish or disclose the works to third parties unless such disclosure has been
authorised in writing by BH.

41. Copyright and Intellectual Property


The Contractor hereby grants to BH an irrevocable royalty free non exclusive licence to
use and reproduce all reports, details, plans, specifications, schedules, reports and other
work, which has been or is hereafter written by the Contractor for any purpose
whatsoever connected with the Services and such licence shall carry the right to grant
sub-licences and shall be transferable to third parties.

BH shall be entitled to use all materials originated by the Contractor (including basic
factual data) for any purpose whatsoever whether in connection with the Services or
otherwise provided always that the Contractor shall not be liable in any way for use by
BH of any materials generated under or in respect of the Services for any purpose other
than that for which the same was prepared and provided by the Contractor

Where standard documentation in any form is provided by BH to the Contractor
copyright in such documentation shall remain vested in BH.

                                         - 46 -
Any intellectual property rights created in connection with the Contractor‟s delivery of the
Services shall vest in BH.


42. Contractor not to assign without consent.

The Contractor shall not transfer or assign directly or indirectly or sub-contract or
underlet to any firm, company, body, person or persons whomsoever this agreement or
any part thereof without the written consent of Bolton at Home (which shall not
unreasonably be withheld) and in the event of such consent being given (which shall be
at the absolute discretion of Bolton at Home) the Contractor shall be responsible for all
work undertaken by such sub contractors or underlessees and for such work being
carried out in accordance with and subject to the same conditions as if executed by the
Contractor and shall be responsible for the observance and performance of the
appropriate clauses of the Tender Documents by such sub contractors or underlessees.


43. Bankruptcy etc. termination of Agreement

If the Contractor shall become bankrupt or insolvent or enter into liquidation whether
compulsory or voluntary (except liquidation for the purpose of reconstruction) or shall
suffer execution for debt in any court of law or shall propose any composition with
creditors for the settlement of debts or shall enter into make or execute any Deed of
Arrangement (as defined by the Deed of Arrangements Act 1914) or any other
arrangement for the benefit of creditors, or shall carry on or shall propose to carry on
business under inspectors or others on behalf of creditors or shall commit any act of
bankruptcy Bolton at Home may by notice in writing to the Contractor and without
prejudice to any other rights of Bolton at Home whether under this agreement or
otherwise terminate this agreement whereupon the same shall be at an end and no
compensation shall be paid or payable by Bolton at Home to the Contractor.

The Contract may be determined by BH at any time by notice in writing to the Supplier in
the event of any breach of any of the stipulations and conditions contained therein or if
the Supplier (or any partners in the Suppliers business if the Supplier be a firm) shall
become bankrupt or have a receiving order made against them or him or shall present
their or his petition in bankruptcy or shall make any arrangements with or assignment in
favour or his creditors or if the Supplier (being an incorporated Company) shall be the
subject of an Order for winding up whether compulsory or voluntary or its resolution to
wind up shall be passed by the shareholders, or if a Receiver be appointed of the
business of the Supplier. Provided that the rights of BH in respect of any antecedent
breach by the Supplier of any terms of the Contract shall remain unaffected and
provided also that the Supplier shall, if called upon by BH to do so, complete any orders
which may have been given to him prior to the determination of the Contract, on the
terms provided by the Contract.


44. Cancellation of Contract

Without prejudice to the generality of these conditions Bolton at Home shall be entitled to
cancel this Agreement and recover from the Contractor the amount of any loss resulting
from such cancellation if the Contractor or any person acting on his behalf:-

                                         - 47 -
       a)     shall have made any arrangement with any third party which require
              either party :-
              i)      to fix or adjust his tender price, or
              ii)     refrain from tendering or
       b)     shall have:-
              i)      communicated to any person, except Bolton at Home, the amount
                      or approximate amount of his tender otherwise than in confidence
                      to obtain premium quotations for insurance or a bond, or
              ii)     given agreed to give or promised any person ( directly or indirectly
                      for the benefit of that person or any other) any gift, loan, fee,
                      reward or other consideration or conferred any advantage as an
                      inducement to, reward for or otherwise on account of such person
                      having done, agreed or forborne to do anything in relation to any
                      other tender or proposed tender for this or any other contract, or
       c)     shall show favour or disfavour to any person in relation to this or any
              other agreement with Bolton at Home, or
       d)     shall otherwise have committed any offence under the Prevention of
              Corruption Acts 1889 or 1916 or shall have given any fee or reward the
              receipt of which is an offence under Section 117(2) of the Local
              Government Act 1972, or
       e)     shall fail to observe and perform the provisions or requirements of him
              contained in the Health and Safety at Work etc Act 1974 and all Orders or
              subordinate legislation made thereunder or other legislation relating to
              Health and Safety at Work from time to time in force;

PROVIDED ALWAYS THAT:- nothing contained in the foregoing shall prejudice Bolton
at Home‟s right to take further action it may deem necessary whether by way of an
action for damages or otherwise as a result of the occurrence of one or more of the
events referred to in (a) to (e) above.

45. Notices

Any notice served under this agreement shall be :-

       a)     in writing
       b)     delivered by hand or submission to the appropriate officer by electronic
              mail or sent by registered or recorded delivery post addressed:-
              i)      (if the notice is to the Contractor) to the Contractor at the last
                      known address or if to a limited company at its registered office, or
              ii)     (if the notice is to Bolton at Home or to any User) to Bolton at
                      Home or the User at its principal administrative offices.

Any notice so served shall be deemed properly served.

                                         - 48 -
46. Arbitration

In the event of any dispute arising as to the construction or meaning of any of the terms
of this agreement, the same shall be referred to an expert to be appointed by agreement
between parties or in default of such agreement being reached

i)       Where the dispute involves the interpretation of the terms of this agreement, or
         the matter of the parties rights, liabilities or obligations by a suitably qualified
         person nominated by the President for the time being of the Law Society.

ii)      Where the dispute involves an issue not covered by Clause 45 by a suitably
         qualified expert nominated by the President for the time being of the professional
         institute or organisation or quality mark pertinent to the service being supplied.

Also:-

The Tenderer is advised that the Commission for Local Administration in England (Local
Government Ombudsman) is empowered by statute to investigate any complaint about
an action taken by or on behalf of a Local authority. For the purpose of this contract, and
the avoidance of doubt, the Tenderer is required by this condition to co-operate with any
investigation conducted into the work or part thereof (by the Local Government
Ombudsman). In the event of any finding of mal-administration against Bolton at Home
arising from any aspect of the performance of this contract by the Contractor, the
Contractor shall upon demand indemnify Bolton at Home any payment made and any
associated costs arising from the findings of the Local Government Ombudsman.

And:-

The Tenderer should be aware that Bolton at Home is subject to audit and inspection,
from both internal and external sources. The Tenderer will be required to assist when so
requested or to provide information where appropriate to both internal and external
auditors and to any inspections which are being undertaken and which may involve the
goods or services supplied by the Tenderer.


47. Bolton at Home’s Tender Documents only to apply

Any clauses in the Contractor‟s own conditions of sale or Contract or any supplementary
condition or letter which are at variance with Bolton at Home‟s Tender Documents shall
be overridden by the Tender Documents unless specifically agreed in writing by Bolton
at Home prior to completion of this agreement.


48. Interpretation of contract.

Any variation to these conditions which may be contained in any supplemental
Conditions and/or specification issued for any particular purchase shall take effect as if
the same were contained in these conditions and any Contract however made
supplemental to these conditions shall be read and construed accordingly.


                                           - 49 -
The Clause headings contained herein are for convenience of reference only and shall
not affect the construction or interpretation of this agreement, which shall be construed
in accordance with English Law.



49. Finally

In addition to the General terms and Conditions above, there may be further Authority
specific conditions required. If such special conditions are necessary, they will be found
in the tender documents under „Special Terms and Conditions.‟
December 2004




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