TERMS AND CONDITIONs
1 Meyer Surveys Limited (the Company) ‘Terms and Conditions’ for Asbestos Surveying Services
The following terms and conditions apply to all tenders, quotations and sale orders placed with “the Company”
1.1 In these terms and conditions (“the Conditions”) the following words and phrases shall have the following meanings: –
(A) “Meyer Surveys Limited” means Meyer Surveys Limited (registered in the United Kingdom);
(B) “Client” means the contracting party for whom Services are performed by Meyer Surveys Limited as identified in the Proposal and no other person;
(C) “Contract” means the contract between the Client and Meyer Surveys Limited, comprising the Proposal and the Conditions.
(D) “Proposal” means the document or documents, expressly identified by Meyer Surveys Limited as such and signed by a Meyer Surveys Limited Director, in which Meyer Surveys Limited offers to carry our Services for the Client;
(E) Price” means the price for the Services as stated in the Proposal or, where applicable, determined under Condition 6;
(F) “Services” means any work performed for the Client by Meyer Surveys Limited under the Contract; and
(G) “Site” means any site which the Services may be conducted or in relation to which the Services may be performed.
1.2 In the event of any inconsistency between the Conditions and the Proposal, the Proposal shall prevail.
2 Operation of Standard Terms and Conditions
2.1 Subject to any variation under condition 2.3 the Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Client purports to apply under any Proposal, confirmation of Proposal, specification or other document).
2.2 No terms or conditions endorsed upon, delivered with or contained in the Client’s counter proposal, confirmation of Proposal, specification or other document will form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 These Conditions apply to all Meyer Surveys Limited’s Services and any variation to these Conditions and any representations about the Services shall have no effect unless expressly agreed in writing and signed by a Meyer Surveys Limited Director.
2.4 Upon commencement of the Services these Conditions shall come into force and the Client shall be deemed to have accepted the provision of the Services, unless written objection to the contrary is received within 14 days of our dated quotation.
3.1 Meyer Surveys Limited will use reasonable skill and care in performing the Services.
3.2 Save as expressly provided in Condition 3.1, no representation, warranty, condition or other term express or implied as to the quality or nature of the Services is given or accepted by Meyer Surveys Limited and all such representations, warranties, conditions and other terms are excluded to the fullest extent permitted by law.
4 Scope of Contract
4.1 In the event that Meyer Surveys Limited at any time considers that a material change to the nature or extent of the Services is required or advisable, it shall notify the Client of such change and Meyer Surveys Limited and the Client shall enter into negotiations in good faith concerning any such change. No such change shall be made without the Client’s consent, such consent not to be unreasonably withheld. Until such time as any change is formally agreed between the parties, the parties will, unless otherwise agreed, continue as if such a change had not been requested.
4.2 Where the precise nature or extent of the Services has not been specified in the Proposal (for example, where full specification of later stage is dependent on information to be obtained in earlier stages), Meyer Surveys Limited shall determine such matters, subject to consultation with the Client where appropriate
4.3 Unless the Proposal expressly states otherwise, and notwithstanding any provision to the contrary in this Agreement, any advice, assessment, investigation and/or remediation shall not be required to exceed the actual requirements and practice of the relevant authority under applicable laws as at the date of this Agreement in relation to the Services at the Site or, where such requirements are not known at that time, Meyer Surveys Limited’s reasonable estimate of what such requirements would actually be. Meyer Surveys Limited shall not be obliged to take into account factors which might require compliance with any different or more demanding standards (including with limitation, factors such as planning, market value or public perception), unless they are expressly stated in the Proposal.
4.4 Meyer Surveys Limited intends to employ the methods, procedures, techniques, personnel and sources of information set out in the Proposal, but reserves the right to vary such matters, subject to consultation with the Client where appropriate.
4.5 Except to the extent that the Proposal expressly states otherwise, all references to the amount of time which will be expended in carrying out the Services and the date
Meyer Surveys Limited has in place and undertakes to use reasonable endeavors to maintain insurance cover (to the extent available to Meyer Surveys Limited at commercially reasonable rates and terms), in respect of employer’s liability, third party motor vehicle liability, public liability and professional indemnity in such amounts as it considers appropriate.
All documents, information and advice provided by Meyer Surveys Limited or its agents or sub-contractors in the course of the Services and all confidential information concerning the Client or any of the Client’s activities or any Site acquired during the performance of the Services shall be treated by Meyer Surveys Limited as confidential and shall not be disclosed to any third party (other than Meyer Surveys Limited professional advisers) unless:-
(A) the Client give its prior written consent; or
(B) Meyer Surveys Limited is required by law or by any regulatory authority to make the disclosure; or
(C) The document or information or advice enters the public domain.
6.1 The obligation in this Condition 6.1 is without limit in time and termination or expiry of the main provisions of the Contract. Meyer Surveys Limited may disclose the fact that it has provided the Services to the Client for marketing or promotional purposes. Such references shall not include confidential material.
7.1 The Client agrees to pay the Price to Meyer Surveys Limited for the Services free from any set-off, deduction, demand or counterclaim.
7.2 Invoices are payable within 30 days of their receipt by the Client. Unless otherwise agreed in writing, Meyer Surveys Limited issue invoices monthly for Services performed in the previous month.
7.3 All sums payable under this Contract are exclusive of VAT or any tax replacing it which, where applicable, shall be paid at the rate in force at the due time for payment
7.4 Meyer Surveys Limited shall be entitled to charge interest on any amounts overdue at the rate of 4 per cent. over the applicable annual base rate of the NatWest Bank PLC
7.5 Meyer Surveys Limited may, upon giving 14 days’ notice to the Client at any time after any amount shall become overdue, suspend the provision of Services without incurring any liability until such time as Meyer Surveys Limited receives the overdue amount.
7.6 Where the Services are to be provided on a time and expenses basis: –
(A) time incurred in providing the Services (including travelling time) shall be charged on an hourly basis together with reasonable expenses incurred in the performance of the Services; and
(B) the hourly charge shall be as stated in the Proposal or (if not stated in the Proposal) at Meyer Surveys Limited’s standard rates at the time when the Services are subject to annual review by Meyer Surveys Limited on the 1st April of each year.
8.1 The aggregate liability of Meyer Surveys Limited in connection with the Services in respect of all claims on any ground whatsoever ((whether under the Contract or in negligence or under any other law) including in respect of the Client’s costs and expenses in making and enforcing any claim against Meyer Surveys Limited shall in no circumstances exceed £1,000,000.00 (one million pounds sterling).
8.2 Any liability of Meyer Surveys Limited in respect of the Services (whether under the Contract or in negligence or under any other law) shall cease upon the expiry of six years from the date of the final invoice for the Services, save in respect of any claim notified in detail to Meyer Surveys Limited in writing prior to the expiry of such period, provided that the liability of Meyer Surveys Limited shall absolutely determine if legal proceedings in respect of any such claim shall not have been commenced by the Client against Meyer Surveys Limited within 12 months after notification of the claim by the Client to Meyer Surveys Limited.
8.3 Meyer Surveys Limited shall not be liable on any ground whatsoever (whether under the Contract or in negligence or under any other law) for any indirect or consequential loss (including without limitation):
(A) loss of profit, loss of contracts, loss of business opportunity or loss of operation time, even if Meyer Surveys Limited knew or ought to have known of the possibility of such damages
(B) claims or demands or actions against the Client made by any person; or
(c) loss of or damage to the Client’s data from any cause.
8.4 The Client acknowledges that the proper performance by Meyer Surveys Limited .of the Services, may directly or indirectly result in the release of hazardous materials or waste or other materials and/or damage to machinery, plant, structures or other things at the Site, in particular where the existence, extent, nature or location of the relevant hazardous materials or waste or other relevant matters are not known to Meyer Surveys Limited at the relevant time and have not been notified to Meyer Surveys Limited by the Client. Subject to compliance by Meyer Surveys Limited with its obligations under Condition 3.1, the Client acknowledges that Meyer Surveys Limited shall have no liability in respect of any such release or damage or the direct or indirect consequences of it and agrees to indemnify and hold harmless Meyer Surveys Limited, its employees, sub-contractors and agents against any liability in respect of any loss, damage, expense or claim which directly or indirectly results from any such matter
8.5 The Client acknowledges that Meyer Surveys Limited shall assume the correctness and completeness of, and shall have no liability in respect of any inaccuracy, defect or omission in, any information or materials provided by the Client or any other person to Meyer Surveys Limited or its employees, sub-contractors or agents in the course of the provision by Meyer Surveys Limited of the Services. The Client shall indemnify and hold harmless Meyer Surveys Limited, its employees, sub-contractors and agents in respect any loss, damage, expense or claim by any person which directly or indirectly results from any such inaccuracy, defect or omission.
8.6 The provisions of Condition 8.1 to Condition 8.5, are determined by reference to the Price, the financial resources of Meyer Surveys Limited, the nature and extent of the Services and the availability of professional indemnity insurance on reasonable commercial terms. The Client acknowledges that these provisions satisfy the “requirement of reasonableness” contained in the Unfair Contract Terms Act 1977
8.7 Conditions 7.1 to 7.5 shall not apply to liability for death or personal injury resulting from Meyer Surveys Limited’s negligence or to the extent that they are contrary to or are excluded by applicable law.
8.8 All documents, information and advice provided by Meyer Surveys Limited, its employees, sub-contractors and agents are provided to the Client only for use by the Client and only for the purpose stated in the Proposal or, if not stated, the purpose for which they were prepared or provided by Meyer Surveys Limited. No liability is accepted by Meyer Surveys Limited to the Client in respect of any other use by the Client of such documents, information or advice or to any other person who may have or may claim to have relied on them for any use or to have suffered loss or damage in any way relating to any of them. The Client shall indemnify and hold harmless Meyer Surveys Limited, its employees, sub-contractors and agents in respect of any such claim
8.9 Copyright and all other rights in reports, documents, information or materials prepared by Meyer Surveys Limited, its employees, sub-contractors or agents in connection with the performance of the Services for the Client shall remain the property of Meyer Surveys Limited Meyer Surveys Limited grant to the Client a personal, non-transferable and non-sub-licensable license to use the reports, documents information or materials provided by Meyer Surveys Limited to the Client for the purpose referred to in Condition 8.8. No license is granted to any other person.
9 Force Majeure
9.1 Where circumstances beyond the reasonable control of Meyer Surveys Limited result in any interruption or suspension of the Services by Meyer Surveys Limited or failure by Meyer Surveys Limited to carry out the Services in accordance with the Contract (“Force Majeure”) Meyer Surveys Limited shall have no liability to the Client in respect of such interruption, suspension or failure. The Client will be informed as soon as reasonably possible of any Force Majeure
9.2 Force Majeure includes, but is not limited to: –
(A) the Client not providing appropriate facilities, access or information or providing inaccurate information;
(B) physical or geological conditions or the presence of hazardous materials or waste of a nature or in locations, quantities, concentrations or conditions which could not r
(C) fire or storm or tempest;
(D) unavailability of labour, materials or services;
(E) process shutdown;
(F) acts of God or the public enemy;
(G) kidnapping or hijacking or terrorism or riot or civil commotion or war;
(H) strikes or labour disputes or industrial action;
(I) future changes in applicable law, standards or the practice or requirements of any governmental or other official agency;
(J) industrial accident.
9.3 In the event of Force Majeure, the Client and Meyer Surveys Limited shall enter into negotiations in good faith with a view to resolving the Force Majeure including where appropriate, amending the Contract in a manner acceptable to both parties
10 Client Responsibility
10.1 The Client shall provide all reasonable assistance required by Meyer Surveys Limited in relation to the provision of the Services including (but not limited to) any such as
(A) the necessary authorised access to the relevant Site and all facilities and assistance reasonably requested by Meyer Surveys Limited;
(B) secure parking, office and storage space and all other facilities at the Site reasonably required from the Client by Meyer Surveys Limited;
(C) all information in the Client’s possession as to the existence, extent, nature and location of underground utilities and any other matters at the Site which might affect or
(D) all other information if the Client’s possession reasonably requested or required by Meyer Surveys Limited
10.2 The Client acknowledges that, where Meyer Surveys Limited or its employees or sub-contractors keep, handle, transport or dispose of any hazardous material or waste in the course of providing the Services, they do so as agent for the Client. The Client shall be deemed to be the producer of and the person responsible under applicable law in respect of such hazardous materials or waste and shall execute all documents and do all such other things as may be necessary to ensure that the Client is recognised by the relevant authorities as the producer and responsible person for these purposes. Where Meyer Surveys Limited so requires, the Client shall contract directly with the relevant persons involved in the keeping, transporting, handling or disposal of such hazardous materials or waste in relation to the provision of Services. The Client shall indemnify and hold harmless Meyer Surveys Limited, its employees, sub-contractors and agents in respect of any loss, damage, expense or claim by any person which directly or indirectly results from the handling, transport or disposal of hazardous material or waste in connection with the Services
Meyer Surveys Limited may, without prejudice to any other of its rights or remedies and without being liable to the Client for any loss or damage which may be occasioned, at any time by giving notice in writing to the Client, terminate the Contract forthwith if:
(A) the Client breaches any term, condition or provision of the Contract or required by law and fails to remedy such breach (if capable of remedy) within thirty (30) days of receipt of notice from the other specifying such breach; or
(B) a distress or execution is levied or issued upon or against any substantial part of the assets or property of the Client and the same is not paid out within seven days of the levying of the said distress or execution; or
(C) a resolution is passed for the winding up of the Client or a petition for the liquidation of the Client is presented and not discharged within fourteen (14) days of the date of presentation; or
(D) the Client shall cease or shall threaten to cease to carry on its business; or
(E) a receiver of the Client, its assets or any substantial part thereof shall be appointed, or a resolution is passed for such appointment; or
(F) the Client proposes or enters into any arrangement or composition with or for its creditors (including any voluntary arrangement).
If any dispute shall arise between the Client and Meyer Surveys Limited concerning the meaning or effect of these Conditions or of the Contract, or any claim shall be made by one party against the other under this Contract, then if the same cannot be settled amicably within 30 days of the dispute or difference being communicated in writing it shall be referred to arbitration in London by a single arbitrator to be agreed by the parties within 15 days of the expiry of the 30 day period referred to or in default of agreement within that period to be appointed by the President for the time being of the Law Society in London provided that this Condition 12 shall not prevent Meyer Surveys Limited from seeking immediate relief (such as injunctions or other interim measures) from the English courts. The costs of any such arbitration shall be awarded at the discretion of the arbitrator and the arbitrator shall decide the procedure of arbitration. The final decision of the arbitrator shall be binding on the Client and Meyer Surveys Limited.
Any notice to be given under the Contract or these Conditions shall be in writing and sent by facsimile transmission or forwarded by first class prepaid post to the receiving party at its business address or facsimile transmission number as last notified in writing to the other party for the purpose of this Condition 13 and shall be deemed to have been given on the date of the facsimile transmission or on the third day following that on which the notice was posted if sent by mail
14 Governing Law
The Contract shall be governed by English Law. The Client irrevocably consents to the exclusive jurisdiction of the arbitrator referred to in Condition 12 in relation to all matters arising out of the contract.
15.1 The Proposal and the Conditions together constitute the entire agreement between the parties in relation to the provision of the Services and supersede and extinguish any prior drafts, agreement, undertaking, representations and arrangements of any nature whatsoever, whether or not in writing.
15.2 The Contract may not be varied unless such variation is expressly permitted under the Conditions or is expressly agreed in writing by a duly authorised representative of each of the parties.
15.3 A person who is not a party to this contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract. This Condition does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act 15.4 Refund Policy Refunds, if applicable, will only be made to the debit/credit card used for the original transaction.
16 Asbestos Surveying Services Terms and Conditions.
16.1 Survey reports are provided to and for the benefit of the client exclusively. The company shall not be liable to any third party who seeks to use the survey reports. Survey reports may not under any circumstances be used by any third party without the company’s express written permission for any loss, damage, expense or injury of any kind whatsoever, consequently or otherwise, arising out of or due to or caused by any defects or deficiencies of any sort in the survey report whether such defects or deficiencies are caused by the negligence of the company or its employees or agents or otherwise
16.2 We will require your written order prior to the commencement of site survey.
16.3 Payment terms: Approved contractors, as per standard terms above. All others, payment in full is required prior to issuance of the Survey Report, subject to satisfactory credit rating.
16.4 Interruptions to work through no fault of our own would result in day work schedules being applied. (Surveyors Rate of £460/Day).
17 Confidentiality and data ownership
17.1 Each party agrees to maintain secret and confidential all information relating to the business affairs methods and know-how of the other that it acquires pursuant to the contract. The work, all information supplied by the client and all data are confidential to the client and will not be discussed with or disclosed by the company to a third party without the prior permission of the client in writing. This clause shall not apply to information which is owned by the company (solely or jointly with any third party or parties), which is already known to the company prior to disclosure by the client, which is or becomes available to the company by lawful means, or which is already in the public domain.
17.2 Provided that the Company has received payment in full of the price of the services the property in any reports prepared for the benefit of the client shall pass to the client. The client shall be entitled to reproduce parts or extracts from such reports provided that the client shall obtain the prior written consent of the seller where reports or extracts from reports are reproduced using the seller’s name.
17.3 Ownership of the Data shall vest in the Client. Ownership of all skills, knowledge know-how, techniques and methods have their origin in the endeavour of the company shall vest in the company.
17.4 The client shall indemnify the Company against all liability and loss, damages, costs and expenses awarded against or incurred by the company in connection with any claims by third parties arising from the reproductions of the work or report or part of any report prepared in connection with the contract
18 Asbestos Removal Services Terms and Conditions.
18.1 1 We will require an uninterrupted pressurised water supply.
18.2 2 We will require an uninterrupted suitable and sufficient 110 volt and 240-volt electrical supply.
18.3 3 Interruptions to work through no fault of our own will result in day work schedules being applied. 2-man gang (supervisor, operative, plant and equipment – 1 van, 1 Decontamination unit, 2 type H vacuums, 1 negative pressure unit, 1 smoke machine, 2 powered respirators) = £1000.00 /day. Add £250.00/day/man for any additional men. 18.4 4 Works may be subject to a 14-day notice to the enforcing authority.
18.5 5 All work areas must be completely clear of loose items including furniture. Any additional work by our operatives in clearing areas will be re-charged. In cases where fixed furniture prevents removal, extra charges will be made to remove (But not re-instate) fixed furniture or removal will be limited to areas accessible to operatives
18.6 7 Although every care will be taken, we regret that we are unable to accept liability for any damage caused to decorations etc.
18.7 8 Cancellation of the start date as shown on the HSE notification form (ASB 5) through no fault of our own would result in an administration charge of £150.00 and above day work schedule if we arrive on-site and are unable to begin works.