Normal hours are between 6am and 6pm Monday to Friday, excluding public holidays.
Weekend hours are between 6am and 6pm Saturday to Sunday, excluding public holidays.
Jobs/projects completed during night hours are between 6pm and 6am Monday to Sunday, excluding public holidays.
Public Holiday rates apply.
MES can be available for on call duty, 24 hours a day, seven (7) days a week
MES and client will be responsible for agreeing the on call roster
An on call payment will be charged per on call period
A call out shall be responded to by phone with 1 hour if required.
Call out rates apply
A call out starts when the contractor is directly underway to worksite and ends when the contractor arrives directly home or when the next normal hour period begins
All meetings and preparation for job will be charged at the normal hourly rate worked.
If travel is required outside Auckland, all travel & accommodation costs will be charged to CLIENT, including time spent travelling to CLIENT site.
Daily food allowance will be allocated to the MES employee & charged to CLIENT.
MES contractor may be required to undertake further training as instructed by CLIENT.
CLIENT will undertake to train all MES contractors on new procedures, systems and equipment introduced to site as and when required.
CLIENT will provide all materials & spare parts for mechanical works on site unless MES are requested by CLIENT to source & charge onto CLIENT.
Course fees will be paid by CLIENT.
Any consumables, parts and materials and hire equipment purchased for job is charged at GST exclusive price paid plus margin.
Any consumables, parts and materials and hire equipment purchased for jobs by MES on behalf of CLIENT, will be MES property until the parts invoice has been paid in full.
If any money remains unpaid we are authorised by you to reenter your premises to recover and resell any or all of those unpaid goods and materials regardless of modification or mixed with other parts and materials.
MES reserves the right to review the charges from the commencement date and will notify CLIENT of any increase one (1) month prior to the date on which the increase takes effect.
MES shall invoice for all work on a monthly basis. CLIENT will provide MES with a purchase order number for each invoice received from MES within 7 days of the date of the invoice.
Payment of each invoice is to be paid into MES bank account on or before the last working day of the following month of the date of the invoice. By way of example, payment for an invoice received in August shall be paid into MES bank account on or before the 30th of September or last working day of September.
If CLIENT defaults in payment of any invoice by the due date, MES may (without prejudice to other rights) charge CLIENT interest on the unpaid overdue balance at the rate of 5% per annum above the current rate charged by MES bank from time to time. Such interest shall accrue on a daily basis and shall be payable on demand.
MES reserves the right to withdraw any MES contractors from an assignment with CLIENT for non-payment without limiting all or any of its rights pertaining to this agreement.
All debt collection costs for non-payment of MES invoices are to be paid by CLIENT.
MES contractors are paid by MES only. All MES contractors are contracted to MES. If at any stage CLIENT wishes to employ any MES contractors directly, CLIENT must, in the first instance notify MES of such. Subsequently, CLIENT will become liable to MES for a finders fee of $[10,000] + GST for every MES contractor CLIENT employs.
MES will not charge for any temporary MES contractor, who, within the first 2 hours of starting work, CLIENT deems unsuitable on the condition that MES is notified immediately.
CLIENT will pay for any labour time where MES has presented itself to commence labour services but where CLIENT or its employees have caused delays in planning or communication.
MES will make every effort to ensure that its labour services are supplied on time but will not be responsible for any loss or damage to the CLIENT property causing in any way from delays in service delivery.
MES staff are qualified Fitter & Turners and/or Welders
MES will abide by CLIENT current food hygiene procedures relating to hair containment & appropriate clothing in general plant and clean room type applications.
Where a quotation is given by MES, CLIENT acknowledges that such quotation is based on rates and conditions for the relevant scope of work at the time of issue. CLIENT acknowledges and accepts that any increase in the cost of labour or materials thereafter in relation to the relevant scope of work may be charged in addition to the quotation provided by MES at the sole discretion of MES.
CLIENT acknowledges and accepts that any agreed variations to the relevant scope of work shall be charged in addition to any quotation given by MES.
MES requires all staff to comply with Occupational Health and Safety (“OS&H”) statutory requirements, regulations and standards & to conform to CLIENT company OS&H policy (if any). CLIENT is obligated to supply MES with a safe work place at all times; ensuring that MES are inducted & aware of any hazards likely to encounter.
MES will ensure that all accidents & near misses are reported as soon as practicable.
MES is required to use and wear appropriate safety equipment on site. MES should supply and wear their own safety glasses and ear protection as required unless otherwise required by CLIENT – then CLIENT shall supply equipment to their standard. Any specialist safety equipment including, but not limited to, breathing apparatus, harnessing equipment, etc shall be provided by CLIENT.
MES contractors will strictly follow CLIENT work permits systems & procedures used on site.
MES shall ensure that any employees, contractors or agents that are working on CLIENT site or travelling to or from CLIENT site are not under the influence of alcohol and/or unprescribed drugs.
MES Ltd will provide Public Liability Insurance Cover.
MES will provide all hand tools, basic measuring & test equipment.
CLIENT will provide or hire specialised normal and safety equipment when required.
MES is responsible for the security, care and safe use of all equipment, parts and materials that MES uses pursuant to this agreement.
CLIENT and MES will keep confidential information obtained from the other party, in any form, that is confidential in nature, or expressed to be confidential (“Confidential Information”) and will not use that information other than for the purpose of this agreement without the consent of the other party. Each party shall ensure that its employees, contractors and agents abide by these obligations of confidentiality.
To the fullest extent permitted by law, MES and its directors, employees and agents (“Related Parties) will not be liable to CLIENT (whether under contract, tort, statute or otherwise) or any third party, for any direct or indirect loss and/or damages of any kind whatsoever, including without limitation any: (a) loss or damage from any cause; (b) loss of profits, opportunity or saving; or (c) incidental, indirect special or consequential loss or damage. In any event, if MES or its Related Parties are liable to CLIENT for any reason, and that liability has not otherwise been excluded by this agreement, then the maximum aggregate liability of MES and its Related Parties to CLIENT arising out of all claims for loss and/or damage for any cause will under no circumstances exceed in aggregate the total amount of fees actually paid by CLIENT to MES.
Either party may terminate this agreement by giving the other party 1 month’s prior written notice.
Any additional or different terms that CLIENT provides to MES, will not bind MES unless it has specifically agreed in writing to those terms.
The terms as set out constitute an agreement between MES and CLIENT.
Acceptance of this agreement is deemed complete by the authorisation of the company representative below or once work commences.