Terms and Conditions for Sussex Pull Testing
1. Definitions
- “Company” refers to Sussex Pull Testing (or the trading name of the business).
- “Client” refers to the individual, firm, company, or other party contracting with the Company for the provision of Services.
- “Services” refers to the construction fixings pull and proof testing services provided by the Company, as detailed in the Quotation or Booking Confirmation.
- “Quotation” refers to the written document provided by the Company to the Client outlining the proposed Services, fees, and any specific conditions.
- “Booking Confirmation” refers to the written confirmation issued by the Company to the Client accepting the Client’s request for Services.
- “Site” refers to the location where the Services are to be performed.
- “Report” refers to the written document provided by the Company to the Client detailing the results of the Services.
- “Equipment” refers to all tools, instruments, and machinery used by the Company to provide the Services.
- “UK Regulations” refers to all relevant laws, regulations, standards, and guidelines applicable in the United Kingdom relating to construction fixings testing.
2. Agreement Formation
- These Terms and Conditions shall apply to all contracts for the provision of Services by the Company to the Client.
- A contract is formed when the Client accepts the Quotation or the Company issues a Booking Confirmation following the Client’s request for Services.
- Any terms and conditions submitted by the Client shall not be incorporated into the contract unless expressly agreed to in writing by a director of the Company.
3. Scope of Services
- The Services shall be as described in the Quotation or Booking Confirmation. Any variations or additional services requested by the Client may be subject to additional charges.
- The Company will use reasonable skill and care in the provision of the Services, adhering to relevant UK Regulations and industry best practices.
- The Client is responsible for ensuring that the fixings to be tested are installed correctly and are safe to be tested. The Company accepts no responsibility for the integrity or suitability of the fixings themselves.
4. Client Obligations
- The Client shall provide the Company with full and accurate information regarding the fixings to be tested, including their type, material, installation method, and any relevant specifications.
- The Client shall ensure safe and unobstructed access to the Site and the fixings to be tested.
- The Client shall be responsible for obtaining any necessary permissions or consents required for the Company to access the Site and perform the Services.
- The Client shall ensure that the Site is adequately prepared for the testing to be carried out, including providing a safe working environment for the Company’s personnel.
- The Client shall provide any necessary assistance reasonably requested by the Company’s personnel during the provision of the Services.
5. Fees and Payment
- The fees for the Services shall be as set out in the Quotation or Booking Confirmation.
- Unless otherwise agreed in writing, the Company shall invoice the Client upon completion of the Services.
- Payment of the invoice shall be due within [Number] days from the date of the invoice.
- The Company reserves the right to charge interest on overdue payments at the statutory rate in force at the time.
- All fees are exclusive of Value Added Tax (VAT), which will be added at the prevailing rate.
- The Company reserves the right to request a deposit prior to commencing the Services.
6. Cancellation and Postponement
- If the Client cancels or postpones the Services, the Company reserves the right to charge a cancellation or postponement fee to cover any costs incurred, which may increase depending on the notice period provided. Details of these fees will be provided in the Quotation or Booking Confirmation.
- The Company reserves the right to cancel or postpone the Services due to unforeseen circumstances, such as adverse weather conditions or equipment failure. In such cases, the Company will endeavour to provide reasonable notice and arrange an alternative date. The Company shall not be liable for any costs incurred by the Client due to such cancellation or postponement.
7. Equipment
- The Company shall provide all necessary Equipment to perform the Services.
- The Client shall not interfere with or damage the Company’s Equipment. Any damage caused by the Client shall be the Client’s responsibility, and the Client shall be liable for the cost of repair or replacement.
8. Reports
- The Company will provide a Report detailing the results of the pull and proof testing.
- The Report will be based on the data collected during the Services and the Company’s professional interpretation of that data.
- The Report is for the sole use of the Client and shall not be relied upon by any third party without the written consent of the Company.
- The Company shall retain records of the Services and the Report for a reasonable period in accordance with UK Regulations.
9. Liability
- The Company’s liability to the Client in contract, tort (including negligence), or otherwise arising out of or in connection with the provision of the Services shall be limited to the value of the fees paid by the Client for the specific Services that gave rise to the claim.
- The Company shall not be liable for any indirect or consequential loss or damage, including but not limited to loss of profit, loss of business, or loss of opportunity.
- Nothing in these Terms and Conditions shall exclude or limit the Company’s liability for death or personal injury caused by its negligence, or for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law.
- The Client is responsible for ensuring that the fixings tested are suitable for their intended purpose, and the Company accepts no liability in this regard.
10. Insurance
- The Company shall maintain appropriate professional indemnity and public liability insurance. Details of the Company’s insurance cover are available upon request.
11. Confidentiality
- The Company shall keep confidential any confidential information of the Client that it acquires in connection with the provision of the Services.
- The Client shall keep confidential any confidential information of the Company that it acquires in connection with the contract.
12. Data Protection
- The Company will process any personal data provided by the Client in accordance with the UK General Data Protection Regulation (GDPR) and other applicable data protection legislation. Details of the Company’s data processing practices are set out in its Privacy Policy, which is available upon request.
13. Force Majeure
- The Company shall not be liable for any failure or delay in performing its obligations under the contract due to events beyond its reasonable control, including but not limited to acts of God, fire, flood, war, civil unrest, strikes, lockouts, or governmental regulations.
14. Governing Law and Jurisdiction
- These Terms and Conditions and the contract between the Company and the Client shall be governed by and construed in accordance with the laws of England and Wales.
- Any disputes arising out of or in connection with these Terms and Conditions or the contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.
15. Entire Agreement
- These Terms and Conditions, together with the Quotation or Booking Confirmation, constitute the entire agreement between the Company and the Client and supersede all prior negotiations, discussions, or agreements relating to the Services.
16. Amendments
- No amendment or variation of these Terms and Conditions shall be effective unless it is in writing and signed by a director of the Company.
17. Third Party Rights
- A person who is not a party to the contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
Contact Information:
Address Location: