THIS AGREEMENT is made on the
BETWEEN:
(1) Unitracker (Worldwide) Ltd, a company registered in The United Kingdom under number 10534081 whose registered office is 187 Westgate, Bradford, England, BD1 2RX (the ‘Contractor”) and
(2) (the ‘Sub-Contractor)
1. ENGAGEMENT OF SUB-CONTRACTOR
1.1 The Contractor hereby engages the Sub-Contractor for a non specific period to provide the Services of ad-hoc services (the “Work”), in accordance with the terms and conditions of this Agreement.
1.2 This appointment is mutually non-exclusive and the Sub-Contractor shall be entitled, at his own expense, to substitute or to employ some other worker, having the requisite skills and who is acceptable to the Contractor, to perform the Work ONLY with prior agreement from Unitracker (Worldwide) Ltd The Sub-Contractor shall in any event always provide such a substitute where the provision of the Work is unduly delayed by absence due to incapacity, or for any other reason upon notification by a duly authorised representative of the Contractor that the delay occasioned is unacceptable.
1.3 It is understood and agreed that the Sub-Contractor’s activities and those of his substitutes or employees are at all times under the Sub-Contractor’s exclusive direction and control.
1.4 The Sub-Contractor is responsible for the quality of the work undertaken and shall ensure that the Work is performed with all reasonable care, and without limitation is wholly responsible for ensuring that anyone authorised by him to perform all or any part of the Work shall also do so competently and with reasonable care.
1.5 The Sub-Contractor is responsible for organising how and in what order the Work is done, and shall liaise with the Contractor’s representative to ensure that due account is taken of the impact of the timing of the Work to be performed upon the activities of the Contractor and any other sub-contractors also engaged by the Contractor.
1.6 Once the Sub-Contractor has accepted the work, a date and time shall be agreed for the completion of the work. The Contractor has the option to amend the date and time of the work by giving no less than 8 working hours’ notice to the sub-contractor. In the event that the work is cancelled or amended with less than 8 working hours’ notice, a cancellation fee of £50 (inclusive of VAT if applicable) shall be paid to the Sub-Contractor.
1.7 The Sub-Contractor shall be responsible for rectification of any unsatisfactory work at his own expense.
1.8 The grant/acceptance of this appointment does not create any mutual obligations on the part of the Contractor o Sub-Contractor to offer/accept any further appointment and no continuing relationship shall hereby be created or implied.
2.1 The Sub-Contractor shall be liable for and shall indemnify the company against any costs, liability, damages, loss, claims or proceedings in respect of any injury or damage whatsoever to any property where such injury or damage arises out of or in the course of or by reason of the performance of the work; provided that it is due to the negligence, breach of statutory duty, or omission or default of the Sub-Contractor, his servants or agents, or of any person for whom the Sub-contractor is responsible.
2.2 Upon acceptance of the first item of work, the Sub-Contractor shall supply the Contractor with a valid and true copy of Sub-Contractors Public Liability Insurance policy before commencing work. A further updated copy should be sent each time the Sub-Contractors Public Liability Insurance policy is renewed.
3. PROVISION OF EQUIPMENT AND PROTECTIVE CLOTHING
3.1 It is understood and agreed that the Sub-Contractor shall be responsible for the provision of all tools, plant and machinery needed to perform the Work (you will be expected to show up in Navy or Black work clothing (no Jeans) with the appropriate footwear)
3.2 The Sub-Contractor is responsible for the provision of safety equipment, protective clothing and adequate industrial accident insurance cover for himself and anyone authorised by him to perform all or any part of the Work.
4. STATUS OF THE SUB-CONTRACTOR
4.1 The Sub-Contractor’s relation to the Contractor is that of an independent contractor and shall have the status of a self-employed person and shall be responsible for all Income Tax and Insurance or similar taxes or contributions in respect of the consideration payable hereunder and the Sub-Contractor hereby indemnifies the Contractor in respect of any claims that may be made by the relevant authorities against the Contractor in respect Income Tax or National Insurance or similar taxes or contributions, including interest and penalties, relating to the Work of the Sub-Contractor hereunder.
4.2 The Sub-Contractor agrees to be responsible for his expenses and Value Added Tax.
4.3 Nothing in this agreement shall be deemed to create any partnerships, joint venture or employment relationships between the parties.
5.1 The agreed consideration for the provision of the Work is as follows:
5.1.1 The Contractor will pay the Sub-Contractor, subject to the submission of appropriate supporting information, sums at rates agreed.
5.1.3 Payment will be only be approved following completion of the job and proof of a signed job sheet.
5.1.4 Claims for payment must be made on the appropriate work record sheets. Falsification of such records in any way will result in the immediate termination of this agreement.
5.2 All payments under this Agreement are expressed exclusive of any Value Added Tax chargeable thereon.
5.3 No further payment will be made to the sub-contractor for the Work over and above the entitlement contained in this clause and without limitation no payment will be made to the sub-contractor in respect of any expenses incurred by the Sub-Contractor in performing the Work excepting those express prior agreement from the contractor.
5.4 Payment will be subject to receipt of a valid and true copy of the Sub-Contractors Public Liability Insurance Policy confirming that the policy was in force on the day the work was undertaken.
5.5 Payment will be made at the end of the month following the month the job was completed and approved for payment. For the avoidance of doubt, a job completed, processed and approved in January will be paid at the end of February.
6.1 This agreement is terminable at any time by the Contractor or the Sub-Contractor without any notice and without giving any reason for such termination. Without prejudice to the generality of that provision, this Agreement shall terminate, notwithstanding any other rights and remedies the parties may have, in the following circumstances:
6.1.1 either party fails to comply with the terms and obligations of this agreement and such failure, if capable of remedy, is not remedied within fourteen days written notice of such failures form the other party;
6.1.2 the Sub-Contractor goes into bankruptcy or liquidation, either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
6.2 The termination of this Agreement shall be without prejudice to any rights, which have already accrued, to either of the parties under this agreement.
7.1 This Agreement contains the whole agreement between the Sub-Contractor and the Contractor and supersedes any prior agreement between the parties whether written or oral and such prior agreements are cancelled as from the date hereof and both parties acknowledge they have no claim against the other in respect of any previous agreement.
7.2 Any notice to be served by either of the parties on the other side shall be sent by prepaid recorded delivery or registered post to the address shown in this Agreement or to such address as that party shall have notified to the other in writing taking effect for the purposes of this Clause or Agreement and shall be deemed received 48 hours after posting.
7.3 The headings in this Agreement are for reference purposes only and shall not be incorporated into this agreement.
7.4 In this agreement, unless the context otherwise requires, words in the singular include the plural and vice versa, words importing any gender include any gender, and a reference to a person includes a reference to a body corporate and to an unincorporated body of persons.
8. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of England and Wales and any dispute concerning it or its interpretation shall be adjudicated in that jurisdiction.
This Agreement duly executed on the
SIGNED by _______________
Nasar Aftab, Director – for and on behalf of Unitracker (Worldwide) Ltd
SIGNED by _______________
