1. All commercial agreements entered upon by Plant & Building Safety Ltd (the Company) shall be governed by these Conditions, unless alternative arrangements have been agreed with the Client in writing. Local law shall predominate in specific cases where the law and these Conditions are in variance.
2. The methods to be employed during the execution of the Client's instructions shall be at the Company's discretion. The Company is not obliged to address items which fall outside the agreed Scope of Work, and reserves the right to charge an additional sum to cover activities that are in addition to the agreed Scope of Work.
3. The Client will provide timely and unobstructed access to the items to be assessed by the Company. If the Company is unable to perform all or part of the services agreed upon because of lack of access or undue postponement or delay, the Client will reimburse the Company for the costs it incurs as a result in addition to any other charges payable.
4.The Client will inform the Company in advance of any known potential hazards or dangers in the workplace. In addition, the Client undertakes to provide and maintain a safe working environment (in terms of the Health and Safety at Work Act 2015) for all employees of the Company engaged in providing services under these terms and conditions, and to comply with the Health and Safety at Work Act 2015 in relation to said employees as if they were the Clients own employees.
5. The Company shall provide reports and certificates exclusively to the Client, unless otherwise permitted by the Client or required by law. Only the Client may instruct the Company regarding the scope of work and the method of delivery of the associated reports and certificates. The client shall not use the report for purposes other than the purpose for which the report was issued, without the Company’s express permission.
6. The Company is not responsible for the accuracy of any analysis or testing performed by 3rd party contractors, test houses or laboratories.
7.In the event of the Company delegating the performance of the whole or any part of the services contracted for with the Client to an agent or subcontractor, the Company will first inform the Client of such delegation and obtain written agreement from the Client before proceeding.
8. The Company will maintain the confidentiality of technical information and data obtained during the execution of the Client's instructions, and undertakes not to disclose this information to third parties. This does not apply to information which was in the Company's possession prior to disclosure by the Client or that is available on the public domain, or that may be lawfully be obtained from other sources.
9. The Company does not warrant the accuracy of information or advice contained in its reports and certificates, but undertakes to exercise due care in the performance of the associated services. The Company accepts responsibility only in cases of proven negligence, in which case company liability in respect of claims of any nature shall in no circumstances exceed a total aggregate sum of 8 times the fee payable for the specific service giving rise to the claim.
10.The Client will indemnify and hold harmless the Company and its employees and agents against third party claims relating to the performance of any services supplied or outstanding for aggregate sums exceeding 8 times the fee payable for the specific service giving rise to the claim.
11. The Client will indemnify the Company for all liability, loss, damage, cost or expense incurred by the Company arising directly or indirectly as a result of the Clients breach of these terms and conditions, or by virtue of any willful, unlawful or negligent act or omission by the Client.
12. The Company will not be held liable for indirect or consequential loss arising from the services supplied such as loss of profit or loss of contract.
13. The Company shall be discharged from all liability for all claims unless suit is brought within one year after the date of the completion of the service, or for incomplete work, the agreed scheduled date of completion.
14. The Client shall pay by the 20th of the month following the date of the invoice. The Client shall not be entitled to delay payment to the Company of part or all of the invoice amount due by way of a set-off, counterclaim or other equitable or lawful claim or otherwise. The Client shall be liable for all costs to the Company of collecting any amounts owed.
15. In the event of suspended payment, insolvency, receivership or cessation of business by the Client the Company shall be entitled to suspend or terminate the provision of services to the Client.
16.Either the Client or the Company may terminate the provision of services on giving the other party not less than 30 days prior written notice of termination.
17. The Company will not be held liable for the performance of correctly rated flanges at nozzle terminations or in pipework that are subject to moments and forces across them.
18. The Client shall disclose process conditions such as fatigue, corrosion and other factors that are likely to influence equipment design life to the company.
19. The presence of a report or certificate issued by the Company does not relieve the Client of their various duties and obligations under the Health and Safety at Work Act 2015.
20. Prior to alterations or changes to a certificated item which might affect item safety, details shall be communicated to the Company by the Client for review. Failure to do so may invalidate the Certificate.