1. Subcontractor Details
The subcontractor confirms that all information supplied during onboarding is accurate, complete and up to date and undertakes to notify ISnuug immediately of any material changes.
The subcontractor shall provide, where applicable:
Current Gas Safe Registration details.
Copies of relevant qualifications and competency certificates.
Health and safety training records.
Public Liability and Employers' Liability Insurance certificates.
Professional Indemnity Insurance (where applicable).
Any other documentation reasonably requested by ISnuug.
2. Competence and Accreditation
The subcontractor warrants that:
a) All works shall be undertaken only by suitably qualified, trained and competent personnel.
b) All operatives carrying out gas work shall hold valid and appropriate Gas Safe Registration and any required ACS qualifications relevant to the scope of work being undertaken.
c) The subcontractor shall maintain all registrations, certifications and competencies required by law throughout the duration of the engagement.
d) Evidence of competence shall be provided to ISnuug upon request and whenever certifications are renewed or amended.
3. Compliance with Laws and Industry Standards
The subcontractor shall ensure that all works are carried out:
a) In accordance with all applicable legislation, regulations, Approved Codes of Practice and industry guidance.
b) In compliance with:
The Gas Safety (Installation and Use) Regulations 1998;
Health and Safety at Work etc. Act 1974;
Building Regulations;
Applicable British Standards;
Manufacturer installation instructions;
Any other relevant statutory requirements.
c) In accordance with ISnuug policies, procedures and instructions issued from time to time.
4. Quality of Workmanship
The subcontractor shall perform all works:
a) Using reasonable skill, care and diligence expected of a competent gas engineering contractor.
b) To a professional standard consistent with industry best practice.
c) In accordance with the scope of works provided by ISnuug.
d) In a manner that protects the safety, welfare and property of customers and third parties.
5. Health and Safety
The subcontractor shall:
a) Comply with all applicable health and safety legislation.
b) Ensure suitable and sufficient risk assessments and method statements are prepared where required.
c) Provide operatives with appropriate Personal Protective Equipment (PPE).
d) Ensure all work activities are supervised and managed by competent personnel.
e) Report immediately any accident, dangerous occurrence, gas escape, near miss, enforcement action or health and safety incident connected with works undertaken on behalf of ISnuug.
6. Gas Safety Responsibilities
The subcontractor agrees:
a) To immediately classify and respond appropriately to any unsafe gas installation identified.
b) To follow current Gas Safe guidance and industry procedures regarding unsafe situations.
c) To issue all required warning notices, certificates and documentation where required by law.
d) To notify ISnuug immediately of any situation presenting a risk to life, property or safety.
e) Not to undertake work outside the scope of their Gas Safe registration categories.
7. Documentation and Completion Evidence
The subcontractor shall provide all documentation required by ISnuug, including but not limited to:
Gas safety records.
Commissioning records.
Benchmark documentation.
Installation certificates.
Service records.
Warning notices.
Photographic evidence.
Risk assessments.
Any documentation required by Building Control, manufacturers or regulatory bodies.
A job shall not be deemed complete until ISnuug has received, reviewed and accepted all required documentation and completion evidence.
ISnuug reserves the right to withhold payment until all required information has been supplied and accepted.
8. Attendance and Appointments
The subcontractor shall:
a) Attend all scheduled appointments punctually.
b) Notify ISnuug immediately if attendance is not possible.
c) Maintain effective communication with customers and ISnuug.
Failure to attend an appointment without reasonable notice may result in recovery of reasonable costs incurred by ISnuug, including customer compensation, aborted visit charges or administrative costs.
Repeated non-attendance, cancellations or poor communication may result in suspension or termination of the subcontractor relationship.
9. Customer Service and Conduct
The subcontractor and all operatives shall:
a) Conduct themselves professionally and courteously at all times.
b) Respect customer property and privacy.
c) Wear suitable workwear and present themselves appropriately.
d) Avoid conduct likely to damage the reputation of ISnuug.
e) Follow all reasonable instructions issued by ISnuug.
Where ISnuug suffers financial loss, complaint costs, reputational damage, remedial costs or contract losses as a result of the subcontractor's actions or omissions, ISnuug reserves the right to recover reasonable losses incurred.
10. Insurance
The subcontractor shall maintain throughout the engagement:
Public Liability Insurance with a minimum indemnity limit of £5,000,000.
Employers' Liability Insurance where legally required.
Professional Indemnity Insurance where appropriate to the services provided.
Evidence of insurance must be supplied upon onboarding and upon renewal.
The subcontractor shall notify ISnuug immediately of any cancellation, reduction or material alteration to insurance cover.
11. Defects and Remedial Works
The subcontractor shall rectify, at its own cost, any defects arising from:
Faulty workmanship;
Failure to follow instructions;
Failure to comply with legislation;
Use of unsuitable materials;
Failure to exercise reasonable skill and care.
Such remedial works shall be completed within a reasonable timeframe specified by ISnuug.
12. Property Damage
The subcontractor shall take reasonable care to prevent damage to customer property.
Any damage caused during the performance of works shall be reported to ISnuug immediately.
The subcontractor shall cooperate fully in the investigation and resolution of any claim.
13. Audit and Inspection
The subcontractor agrees that ISnuug, its clients, regulatory bodies, certification bodies or authorised representatives may inspect works undertaken on behalf of ISnuug.
The subcontractor shall provide reasonable cooperation and access to records when requested.
14. Confidentiality
The subcontractor shall keep confidential all information relating to:
ISnuug;
Emerald Green Energy Ltd;
Customers;
Pricing;
Commercial arrangements;
Business processes.
Such information shall not be disclosed to any third party without prior written consent except where required by law.
15. Data Protection
The subcontractor shall comply with all applicable UK data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
Customer information shall only be used for the purpose of carrying out instructed works.
16. Independent Contractor Status
Nothing within this Agreement shall create:
An employment relationship;
A partnership;
A joint venture; or
An agency relationship.
The subcontractor remains responsible for its own taxes, National Insurance contributions and statutory obligations.
17. Suspension and Termination
ISnuug may suspend or terminate the subcontractor relationship immediately where:
Required certifications expire;
Insurance cover lapses;
Serious health and safety breaches occur;
Gas Safe registration is suspended or removed;
Fraudulent documentation is provided;
Serious customer complaints arise;
The subcontractor materially breaches these terms.
Termination shall not affect any accrued rights or obligations.
18. Right of Set-Off
ISnuug may deduct from any monies due to the subcontractor any reasonable costs, losses, damages or liabilities arising from:
Defective works;
Missed appointments;
Customer compensation;
Remedial works;
Breach of contract;
Property damage;
Regulatory non-compliance.
Details of any deduction shall be provided upon request.
19. General
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
This Agreement constitutes the entire agreement between the parties in relation to subcontracted gas engineering services.
These terms shall be governed by and construed in accordance with the laws of England and Wales.