All work is subject to our standard terms and conditions until a mutually agreeable contract is signed.

In the absence of a mutual agreement, the basis of determination shall be FIDIC: Short Form of Contract 1st Ed (1999).

In these, our standard Terms and Conditions of Contract, which apply to all works we carry out in any country:
          "Contract" means the contract between us and the Client for the performance of the Works specified in our Estimate subject to these Standard Terms and Conditions;
          "Contract Price" means the price payable under the Contract for the Works and includes the cost (which the Client will pay in addition to the price stated in the Estimate) of any measures we have to take additional to those forming the basis of our Estimate in order to complete the Works to a proper standard in accordance with the Contract;
          "Client"means the person or persons with whom we make the Contract. Where there are two or more such persons their obligations under the Contract shall be joint and several;
          "Estimate"means our written offer / quotation to perform Works as described therein at the estimated price stated therein subject to these Standard Terms and Conditions of Contract;
          "Materials"(if applicable) means all those finished or unfinished materials or products which we import to the Site for the purpose of and to be incorporated in the Works;
          "Site"means the area or premises upon which the Works are to be performed and any adjacent areas which we require to be made available to enable us to carry out the Works;
          "Works"means work to be done by us, including the supply of any Materials (if applicable) as described in our Estimate together with such additional work and supply of materials as we may agree to carry out.

The headings to the various clauses herein are for reference only and shall not affect the interpretation of the Contract; and Reference to any statute shall include a reference to that statute as amended, modified or re-enacted from time to time; references to "us" and "we" and "the Company" are to DDM and "our" shall be construed accordingly.

Equipment and personnel are subject to availability.

All rates and prices are subject to the limited information provided by the Client, allowing us to familiarise ourselves with the conditions prevailing around the site, including but not limited to ground conditions, location of pipelines, cables and other existing facilities on site, which could affect performance of the work. Receipt of additional information may result in a variation to the quoted rates and prices.

Unless expressed otherwise all prices and rates are exclusive of all or any local taxes or duties (including withholding taxes).

Unless specifically agreed elsewhere in the contract, DDM liability to the Client shall not exceed the contract price. Each party shall indemnify the other from its own consequential loss relating to the contract.

This proposal makes no allowances for any Liquidated Damages, Retention’s, or Provision of any Bonds or Guarantees.

The Client shall provide assistance to the provision of permits and shall provide uninterrupted access to site on a 24 hour basis to ensure suitable access until the completion of the Works for plant labour goods and materials to and around the Site.

The Client should ensure adequate marking of locations is maintained throughout the project such that no standby time occurs.

DDM shall submit an Invoice on a monthly basis and payment shall be 14 days after submission of invoice. The payment method shall be cash/ cheque or by direct bank transfer (as per the banking details supplied).

The Works will be carried out to our programme, working conditions permitting, during our normal working hours. Any overtime working required by the Client shall be for the Client’s account. The period stated in our Estimate for completion of the Works shall be extended by the length of any delay or suspension caused by any act or omission of the Client or any other cause not reasonably within our control. If any such delay exceeds two days cumulatively, we shall be entitled, at our sole discretion, to discontinue the Works, leave the Site, and subsequently return to complete the Works at the soonest available later date consistent with our obligations to our other customers, and to charge the Client for storage of any Materials (if applicable) as per clause 12, plus demobilisation and remobilisation costs.

Our Estimate is open for acceptance only during the period specified on the face of our Estimate/ quotation or its covering letter, or if not so specified, until the earlier of our withdrawing it or the expiry of 30 days from the date of issue. Such acceptance must be in writing signed by the Client. If the Client is a company or a firm we are entitled for all purposes to regard such signature as that of its duly authorised representative. At our absolute discretion we may act on an oral acceptance on behalf of the Client which we will subsequently confirm in writing. No variation to the Works or these Standard Terms and Conditions of Contract shall be of any effect unless a special agreement with that express purpose is entered into in writing by us. Mobilisation to the Site within the number of days specified in the estimate will be undertaken only on provision of NOCs from the Client.

Interest calculated on a daily basis from the due date to the actual date of payment will be payable on overdue applications or invoices (as well after as before judgement) at the rate of 5% per annum over the base lending rate from time to time of the Bank of England.

If our Estimate so specifies the Employer shall forthwith on accepting it provide to us a guarantee in form and content acceptable to us by a bank or other surety acceptable to us, unconditionally and irrevocably guaranteeing the payment to us of part or all of the monies due under the Contract as we require. We reserve the right to refuse to commence the Works or stop the Works at any time if the Employer fails to provide such guarantee.

Cancellation of the Contract by the Employer for any reason whatsoever before our entry on Site will give rise to liability on the Employer for the full value of all preparatory activities which we have undertaken, plus the full cost of those resources we have allocated to the Contract until such time as those resources can be redeployed and a fair and reasonable sum in respect of our loss of anticipated profit and overhead recovery in relation to the Contract.

Cancellation of the Contract or any part of it, by the Employer after our entry on Site will give rise to liability on the part of the Employer for the full amount of the estimated price to be mitigated only by reference to the availability and timescale of alternative employment for the resources we have allocated to the Contract.

Any deferment of the Contract by the Employer will give rise to liability on the part of the Employer for the full cost of those resources we have allocated to the Contract until such time as those resources can be re-deployed, and to a specific charge per working day of one per cent of the Contract Price in respect of storage of Materials at our premises. Deferment by the Employer of either the Contract or our entry on Site for a period of greater than four weeks shall for all purposes be deemed to amount to cancellation of the Contract.

The Employer shall ensure that we have the following minimum attendance facilities (together with any others specified in our Estimate or otherwise reasonably required during the course of the Works) available at no cost to us (a) suitable and uninterrupted access until the completion of the Works for plant labour goods and materials to and around the Site; (b) a clear firm dry and level working surface and surrounding areas unless otherwise agreed; (c) test positions accurately set out, identified and maintained; (d) adequate supply of water and electricity to our working positions; (e) health, safety and welfare facilities as required by law; (f) making good surfaces and surrounding areas.

(a) We shall not be responsible for any loss or damage to or diversion or interruption of services including (without limitation) sewers, pipes, cables, conduits or other sub-surface items, materials or structures and the Employer shall indemnify us against liability there for unless: (i) the correct position of the same have been given to us in writing and are clearly marked on the ground so that their line level and size are clearly defined; and (ii) the available clearance of the Works from the same is in accordance with at least the minimum limit we specify.

(b) The Employer warrants that any information he or it gives directly or indirectly to us concerning sub-surface ground or Site conditions is accurate and that the Employer has disclosed to us all such conditions which may affect the Works (i.e. the provision of NOC etc where applicable). The Employer acknowledges that we shall rely without question on all such information both in estimating the Works and in carrying them out. Where the Works include our undertaking ground or sub-surface condition investigations we shall be entitled to assume that the results thereby reasonably obtained are wholly typical of all such conditions on under or around the vicinity of the Works. Any sub-surface, ground or Site condition which has not been disclosed to us by the Employer or which is not revealed by any investigation included in the Works and properly carried out, shall be treated as an obstruction.

(a) We shall undertake CPT with our normal equipment to full penetration, or practical refusal (namely where in our reasonable opinion, to continue would materially damage our equipment), whichever shall first occur. (b) If any physical conditions or natural or artificial obstructions prevent the CPT from being undertaken to the required set out position, we shall notify the Employer. The Employer will be liable for the repair or replacement costs of any plant or equipment lost or damaged in our making reasonable efforts to overcome such conditions or obstructions. If we are able to overcome or remove the said condition or obstruction we shall treat such reasonable additional measures as an addition to the Works. The Employer will in any event reimburse us for the costs of standing time and other uneconomic working reasonably arising as a result of such conditions, obstructions or additional measures.

The Employer also warrants that all requisite permissions and consents to the carrying out of the Works have been obtained and will be maintained during the course of the Works and further that adequate insurance has been obtained by the Employer against any and all liabilities which might arise in respect of such adjoining properties in the course of performance of the Works.

The Contract is subject to English law and to the jurisdiction of the English Courts to which the Employer, irrespective of domicile, expressly submits. It is a pre-condition, however, of any invocation of the Jurisdiction of the Courts by either party (except by the Company in the case of non-payment of the Contract Price or any part thereof) that any dispute between the parties shall first have been referred to mediation under the auspices of a mediator acceptable to both parties and accredited by the Centre for Dispute Resolution (“CEDR”). Any rights of any person to enforce the terms of the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999 are excluded. The illegality, invalidity or unenforceability of any provision of the Contract will not affect the legality, validity or enforceability of the remainder. If any such provision is found by any competent court or authority to be illegal, invalid or unenforceable the parties agree that they will substitute provisions in a form as similar to the offending provisions as is possible without thereby rendering them illegal, invalid or unenforceable.