Territory Partnership Agreement

This Agreement is made between:

(1) 4A Trades, 4A Ventures Limited (or its Assignee) of Castle House, Accrington, Lancashire (“4A”, “we”, “us”); and

(2) The Territory Partner named in the Key Details (“the TP”, “you”).

Key Details

The Territory, Trade and Fee Option must be completed before this Agreement is signed:

• Territory Partner (name / company)
• Trade
• Territory (town / county). General builders are per town; other trades are per county.
• Fee Option chosen (1, 2 or 3)
• Start date

1. What this Agreement is

We provide sales, estimating and management services to help grow your business for your Trade in your Territory. You appoint us to do this, and you agree to the fees and terms set out below. Our aim is to use our best endeavours to maximise the turnover of your partnership.

2. What we provide when you sign

2.1 A full set of Standard Forms, branded with your logo and contact details, supplied to you in Word, including:

• Letterhead
• Standard Tender Submission Forms
• Site Survey Form
• Invoice
• Purchase Order
• Risk Assessment
• Toolbox Talk Register
• Site Diary
• New Starter Forms
• Variation Order Confirmation
• Cost Plan
• Standard Budget Form
• Labour Schedule
• Plant Schedule
• Delay Notice
• Application for Payments
• Daywork Sheets
• Client Terms and Conditions
• Sub-Contractor Standard Terms
• RAMS (Risk Assessments & Method Statements)
• and various other bespoke standard forms

2.2 A full Management System, including Schedules of Rates (Schedules of Composite Rates & BQ rates) built bespoke to you with your logo. Rates are calculated specific for your territory trade and unique to you.

3. What we provide on an ongoing basis

3.1 A Telesales service and a QS (estimating) service.

3.2 Our best endeavours to get you onto as many major tender lists as possible.

3.3 All estimating and telesales needed to maximise your turnover.

3.4 We do not provide guaranteed hours for the QS or Telesales service. At times you will be at full capacity, when extra effort would simply be wasted. Our service levels are always the same, whichever Fee Option you choose.

4. Your Fee Option

You choose ONE Fee Option at the start. This choice is fixed and cannot be changed later.

4.1 VAT will be added to all fees at the applicable rate (currently 20% on commercial work and 0% on qualifying new-build work).

5. Paying our fees

5.1 Self-billing. You calculate and pay our fee automatically, weekly for Option 1, and as you invoice or are paid for each relevant job for Options 2 and 3, without waiting for an invoice from us.

5.2 Honesty and open book. You must be honest about the income you receive. You must give us open-book information to prove the actual income from jobs and, under Option 1, your total turnover.

5.3 Under-declaration. If you fail to declare income or to pay the correct fee, an additional 20% of the amount concerned becomes payable on top of the fee due.

5.4 No deductions. All fees are payable in full with no set-off, deduction or withholding of any kind.

5.5 Assignees and group. Our fees are also payable by any assignee, successor, partner or associated company that benefits from your work.

5.6 Non-returnable. No fees are returnable under any circumstances.

5.7 CIS. The Construction Industry Scheme (CIS) does not apply to our fees. Our fees are for sales, estimating and management services, not for construction operations.

6. Late payment

6.1 If any fee is not paid on time, we may re-sell your Territory to an alternative Territory Partner.

7. Length and ending this Agreement

7.1 This Agreement lasts for 12 months from the Start Date.

7.2 It can only be ended by either party giving 3 months' written notice.

7.3 If this Agreement ends for any reason, you must still pay our fee on: (a) all contracts we introduced or played any part in winning, for the full duration of those contracts; and (b) any further or negotiated contracts with the same clients entered into after it ends.

7.4 No fees are returnable under any circumstances, and no set-off is allowed.

8. Other terms

8.1 Assignment. We may assign or transfer this Agreement. References to “4A” include our Assignee.

8.2 Territory and Trade. You are appointed for the Trade in the Territory shown in the Key Details.

8.3 Governing law. This Agreement is governed by the law of England and Wales.

8.4 Entire agreement. This document is the whole agreement between us.

Signatures

The Territory, Fee Option and Trade in the Key Details must be completed before signing. By signing, both parties accept the terms of this Agreement. Any agreed fees must be paid within 1 month of this agreement.