These Terms and Conditions will apply to the provision of all Products and Services by us, SHEQAdvisory Ltd, a company registered in England under number , of 317 Park Road Loughborough, Leicestershire, LE112HF, hereinafter called “the Company” to the Client.
General
The Contract is formed as soon as it is agreed in writing or verbally, and includes the acceptance of these Terms and Conditions, which shall apply between both parties. On Contract acceptance we will issue a letter confirming our appointment and the services being provided and a certificate of appointment. No terms or conditions stipulated or referred to by the Client in any form whatsoever shall in any respect vary or add to these Terms and Conditions unless otherwise agreed by us in writing.
The Contract will be either:
on a one-off basis for the duration of the project (plus a 5% time allowance either side of the project programme – after which time, we will be entitled to charge for additional costs);
for a fixed minimum Term of 12 months; or on an ongoing rolling annual basis.
If the Client wishes to vary the services to be provided, they must notify us in writing as soon as possible. We will endeavour to make any required changes and any additional costs incurred will be invoiced to the Client. If, due to circumstances beyond our control, we have to make any change in the arrangements relating to the provision of the Services, we will notify the Client immediately. We will endeavour to keep such changes to a minimum and will seek to offer the Client arrangements as close to the original as reasonably practicable in the circumstances.
Both parties agree to use all reasonable endeavours to meet any given response times. Time will not prejudice the performance of our Services.
We are also closed between Christmas and New Year, Weekends and Bank Holidays but an emergency response is available.
Competent Person
We are qualified to supply Competent Persons to assist Clients with Health and Safety & Environmental law requirements.
The Client is not permitted to refer to us or any individual working for us as the Client’s Competent Person unless:
we have expressly authorised this in writing; and payment has been received by us from the Client, or the Client has signed up to our chosen recurring payment system, for the provision of Services that include our role as the nominated Competent Person.
We will provide the Client with a lead consultant, however, we cannot guarantee this same consultant will always be available and we will provide a suitable substitute in this event.
Training
Where we have agreed to provide training, this must be paid for in full no later than 30 days after the date of the relevant training session.
The Client shall be entitled to substitute delegates without penalty, provided we are advised of this a minimum of 7 days in advance of the relevant training session. Any increase or decrease in the number of delegates may result in additional costs being levied and/or the cancellation of the training session, which will be subject to the cancellation provisions in clause of ‘ No refunds will be issued, should the Client cancel or reschedule any training session’.
The Client is responsible for the delegates at all times. However, should the behaviour of a delegate prove disruptive at any stage during the provision of the Services, at our sole discretion, we shall be entitled to request the immediate removal of said delegate from this and any future session.
Where we are responsible for providing the facilities, these shall be incorporated within the training cost unless we advise the client otherwise.
The Client must advise us in advance of any special requests, such as disability access and any dietary requirements.
Principal Designer
Under the Construction (Design and Management) Regulations 2015, a Principal Designer is required if a construction project involves more than one contractor.
Clients must not refer to us as the Client’s appointed Principal Designer unless:
We have expressly authorised this in writing; and payment has been received by us from the Client, or the Client has signed up to our chosen recurring payment system, for the provision of Services that include our role as Principal Designer.
Errors or Discrepancies
The Client is responsible for the accuracy of any information submitted to us and for ensuring that the contract reflects their requirements. Our contract is based on the information provided to us at the time of its preparation. Should any errors or discrepancies become evident which affect the order value, we reserve the right to make adjustments to it.
Confidentiality
The Client and Company are aware that during the contract or service, certain information will be shared, which may be confidential, commercially valuable, sensitive and/or personal.
The Client is responsibility for identifying and marking any such information and to notify us of the same. Such information will only be disseminated within the Company in so far as we deem this to be reasonably necessary in order to fulfil our legal and contractual duties in the provision of our Contract or Service. No such information will be shared outside the organisation, unless required by law, by any court order or unless so authorised by the Client in writing. Unless we receive notification from the Client, we are deemed to have permission to make submissions on the Client’s behalf to third party assessors such as for tenders or contractor assessment schemes, where applicable. The Client warrants that they will not use any confidential information provided by us other than to perform their obligations under the Contract and will not disseminate it to any third party unless required by law, by any court order or unless so authorised by us in writing.
Confidentiality will continue in force, notwithstanding the termination of the Contract for any reason.
Client’s Responsibilities
The Client agrees to:
make payments as required in the outlined terms;
provide us with any information, and assistance relating to the Services as we may reasonably require within sufficient time to enable us to perform the Services in accordance with the Contract;
appoint a primary contact to act as the Client’s representative to liaise with us in connection with the contract and/or Services;
carry out any preparatory and follow up work as instructed by us; and adhere to the provisions of Regulation 7 of The Management of Health and Safety at Work Regulations 1999.
We reserve the right to suspend performance of the Contract/Services until the Client remedies the default and/or terminate the Contract with 28 days’ notice in writing.
The company will not be held liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from our failure or delay in performing any of our obligations as a result; and be entitled to claim for any costs or losses incurred by us arising directly or indirectly from the Client’s default.
​Site Visits and Meetings
Any site visit(s) and meeting(s) included in our contract or service will be carried out at a time agreed between us and the Client in advance. We require a minimum of 24 hours’ notice to cancel or rearrange an agreed site visit or meeting. If we do not receive the required notice, or if we are unable to gain access to a premises at which a site visit or meeting has been agreed, we reserve the right to charge an additional fee for the aborted visit. We reserve the right to recover any costs incurred by way of delays or abortive visits, or for any other delays attributable to the Client including, but without limitation, failing to carry out agreed actions or not providing necessary information or services, or failing to give proper notice to terminate or cancel as detailed herein and these will be charged at our standard fee rates applicable at the time. If we have to reschedule or cancel a scheduled visit, we will contact the Client as soon as reasonably practicable to minimise disruption and will book another visit as soon as reasonably practicable.
Payment of Fees
The Client agrees to pay the fees as detailed in the accepted contract or service proposal in accordance with our terms of payment, which is within 30 days of invoice.
In addition, we will charge to the Client our reasonable travelling time and travel expenses, any incidental expenses for materials used and for third party goods and services supplied in connection with the provision of the Contract or Service. All invoices are payable in pounds sterling by cheque, bank transfer or via our chosen recurring payment system, without set-off, withholding or deduction, strictly within 30 days from the date of invoice, unless otherwise agreed. If at any time the Client fails to make any payment on the due date then we shall, without prejudice to any right which we may have pursuant to any statutory provision in force from time to time, have the right to suspend the Contract or Service, and charge the Client interest at a rate of 5% per annum above the Bank of England base rate from time to time in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgment.
Liability and Indemnity
Nothing in these Terms and Conditions excludes or seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
We will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the express terms contained herein, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our employees, agents or otherwise) in connection with the performance of our obligations under the Contract. All warranties or conditions whether express or implied by law are hereby expressly excluded to the maximum extent permitted by law.
We hereby exclude all liability in respect of any claims arising out of any lack of information provided by the Client or any alteration to, or modification of, a Client’s procedures, working practices or conditions at the time of our investigation, unless such alteration and/or modification is made on our recommendation or with our express knowledge and consent.
It is both of our obligations to abide by current UK health and safety and environmental legislation. We will provide, to the best of our knowledge, advice, guidance and best practice within the realms of current UK health & safety, environmental legislation based on the information provided by the Client.
Where we have good reason to believe that our professional advice is not being followed, we will take reasonable steps to ensure that any Client overruling or neglecting our advice is formally made aware of the potential adverse consequences which may result. We cannot be held liable for any consequences should our professional advice not be taken. We cannot be held liable for any adverse consequences where the Client has withheld information necessary for us to provide professional advice.
It is important that we are kept informed of any significant changes within the business (whether relating to the Client’s activities, products, services, people, infrastructure or equipment) that may or may not have an effect on the Client’s requirements, legal or otherwise. Should this information not be forthcoming from the Client, or our requests for information not be responded to by the Client, we will have no liability whatsoever for any effects on the Client’s business’ requirements for which we have not been made aware or had no response to requests and have the right to terminate the contract forthwith without any financial or other liability to us whatsoever.
The Client will indemnify us against all damages, costs, claims and expenses suffered by us arising from loss or damage to any premises, property or equipment (including that of third parties) caused by the Client, or his agents or employees.
In the event of a breach by us of our express obligations under these Terms and Conditions, the remedies of the Client will be limited to damages, which in any event, will not exceed the fees and expenses paid by the Client for the Services in the 12 months immediately preceding the date on which the claim arose.
Law and Jurisdiction
These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) will be governed by, and construed in accordance with, the laws of England and Wales.
Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) will fall within the jurisdiction of the courts of England and Wales.