Quotation Terms & Conditions
We would respectfully submit the following terms in respect of our quotation:
1) Asbestos Fighters Ltd. does not accept any retention sums for any work undertaken.
2) Terms of payment strictly “upon receipt of invoice” for Domestic Customers and 7 days from the date of invoice for Commercial Clients. Any other payment method must be agreed prior to work being commenced.
3) Allowance for welfare facilities or security will be the responsibility of the client unless agreed prior to the contract, failure to organise this will result in the works not proceeding and aborted visit charges applied.
4) Mains water and 240v 13amp power supply to be made available for the duration of the works.
5) Parking space for 2 vans and decontamination unit (if required), to be the client’s responsibility.
6) All working area to be free of any obstructions.
7) All services affected by the works are to be made safe by prior to our commencement and a copy of isolation certificates to be provided, failure to provide these documents will result in delay costs.
8) No responsibility for damage to decor will be accepted.
9) Our quotation does not include for abortive site visits, these will be charged at £300.00 per man day, and we will require 24-hour notice of any cancelations, so this cost can be avoided.
10) Consignment Notes, Air Tests, Surveys, Bulk Sample Analysis Certificate, and any other documentation will be provided upon receiving of the payment.
Terms & Conditions of the Business
In these terms and conditions the following words shall have the meanings given in this clause:
‘we’, ‘us’ or ‘our’ is a reference to Asbestos Fighters Company Limited
‘you’ or ‘your’ is a reference to the person to whom we are supplying Services and who is required to pay for the Services we supply;
‘Conditions’ means the terms and conditions set out in this document and any special terms and conditions agreed in writing by us;
‘Materials’ means any materials, goods, parts or items we need to buy necessarily in order to perform the Services;
‘Parties’ is a reference to both us and you;
‘Premises’ means the place where we will provide the Services;
‘Price’ means the price for the Services and materials including VAT;
‘Services’ means the services described on our quotation and as we agree from time to time.
These Conditions shall apply to all contracts for the provision of Services by us to you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order, confirmation of order, or similar document.
When you sign the quotation, we and you will enter into a legally binding contract on the date you sign.
Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by us.
You should keep a copy of these Conditions for your records.
Price and payment
The Price shall be our quoted price on our quotation. The Price is the full cost to be paid.
Payment of the Price shall be payable in one of three ways:
1) at the time you place your order; or
in a number of staged payments which requires a non-refundable 25% deposit.
2) Stage payment amounts will be agreed between us when the parties enter into the contract and the balance when you receive our invoice upon completion of the Services. Stage payments should be paid within 14 days of receiving the invoice.
3) at the time you receive our invoice upon completion of the Services. (1 day for domestic customers and 7 days for commercial customers).
Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4% above base rate from time to time in force and shall accrue at such a rate after as well as before any judgment. We may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
The Services to be provided
The quantity and description of the Services shall be as set out in our agreed quotation.
Variations from Original Quotation
All variations from original agreed quotation of Services to be provided must be agreed in writing prior to commencement. The variations will then be costed, and itemised and prepared for invoicing as part of the final payment required.
Standard of Providing the Services
Once the parties have entered into a legally binding contract, we will normally start providing the Services to you using the Materials straight away or on a date agreed between us without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.
The Services that are provided in the removal of Asbestos are done so in accordance with legislation. We ensure that we are complaint with the following statutory Regulations, Codes of Practice and Guidance Information:
- The CDM Regulations 2015
- Control of Asbestos Regulations 2012
- Control of Waste Regulations 2012
- Hazardous Waste Regulations 2016
- Control of Pollution Act 1974
- Health & Safety at Work Act 1974
- Environmental Protection Act 1990
- Control of Substances Hazardous to Health Regulations 2002 (amended 2004) (COSHH)
- HSG 247 Asbestos: The Licensed Contractors’ Guide
- HSG 248 Asbestos: The Analyst Guide to Sampling Analysis and Clearance Procedures
- HSG 53 Respiratory Protection at Work – Practical Guide 3rd Edition
- L143 Control of Asbestos Regulations 2012 Managing and Working with Asbestos (Second Edition)
- HSG 213.Introduction to Asbestos Essentials
- HSG 264 Asbestos: The Survey Guide
- Modules 20,21,22,23 of the HSG 247 13.11.06 FOR Training purposes.
normally provide are divided into a number of distinct stages:
We will provide a safe system of work to ensure that asbestos removal works are carried out in accordance with current legislation and guidance notes; and without endangering the health and safety of any persons directly or indirectly concerned with the work and any others who may be affected by the works being undertaken.
A Supervisor will always be on site during the performance of Services by us. Any queries, issues or general observations should be raised with them. Further correspondence can be undertaken with the Managing Director Gosia Kmiecik at the company’s Head Office at Unit 6, Sharose Court, Hicks Road, Markyate, AL3 8JH, 01582 283528 or by email email@example.com
Providing the Services
We aim to provide the Services by the dates and times we either agree with you or notify to you. Notwithstanding this we cannot guarantee or provide a firm commitment that:
- We will start performing the Services by a specified date or time; or
- we will complete the performance of all the Services by any specified date or time; or
- the performance by any individual part of the Services will be completed by a specified date or time.
- the Services provided will also be subject to other works completing to agreed timescales.
Limitation of Liability
If any part of the Services is performed negligently or in breach of the provisions of this contract then, on your request, we will carry out such work to rectify any damage caused and/or re-perform the relevant part of the Services or offer a sum by way of compensation.
Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Price you have paid us.
Except to the extent permitted by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any negligence or breach of the contract on our part and we shall have no liability to pay any money to you by way of compensation other than to refund to you the Price you have paid to us.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Situations or events beyond our control
There are certain situations or events which occur which are not within our reasonable control (some examples are given in the next numbered paragraph). Where one of these occurs, we will normally attempt to recommence performing the Services as soon the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
The following are examples of events or situations which are not within in our reasonable control:
- where weather conditions make it impossible or unsafe for us to perform any of the Services;
- if Materials that are ordered are not delivered on the date or time agreed with the supplier of the Materials (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier);
- where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different Materials);
- where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);
- where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;
- where the areas in the Premises have not be readied by you as we and you have agreed in order for us to perform the Services;
- for other some unforeseen or unavoidable event or situation which is beyond our control.
If the delay in us recommencing performing the Services will be excessive then we will offer you the option of either:
- continuing to wait until we are able to recommence performing the Services. If you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required until we are able to recommence performing the Services; or
- allowing you to cancel the contract. If you choose this option then you will only have to pay for any Services we have performed up to the date of cancellation and for any Materials for which we have a legal obligation to pay. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials we have purchased, we will return the difference to you within 14 days of cancellation.
We may sub-contract or delegate some or all of the performance of the Services but we will still continue to be responsible for the performance of the Services and our obligations under this contract.
We guarantee that an acknowledgement will be issued for the removal and safe disposal of Asbestos. All services provided by us is governed by legislation and codes of conduct laid out in the section “Standard of Providing the Services”.
These Conditions set out the whole of our agreement relating to the supply of the Goods and/or Services to you by us. Nothing said by ourselves, by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these Conditions or as an authorised representation about the nature or quality of any Services offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
Your Right to Cancel
Orders for our Services already accepted by us may be accepted for cancellation or variation, provided they are made in writing. At our discretion we reserve the right to charge for all work carried out or expenses incurred in relation to the order before the acceptance of the cancellation or variation. However less than 7 days’ notice of cancellation a further 15% cancellation charge will be applied in addition to the 25% non-refundable deposit
If you have any complaints about the Services provided by us, or any aspect of the way we have dealt with the order please contact Rafal Karys, Asbestos Fighters Company Limited at Unit 6, Sharose Court, Hicks Road, Markyate, Hertfordshire, AL3 8JH, 01582 283528 or by email firstname.lastname@example.org
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this is not intended to and does not given any person who is not a party to it any right to enforce any of its provisions.
Proper law of contract
This contract shall be governed and construed by the law of England and Wales and you and we agreed to submit to the exclusive jurisdiction of the courts of England and Wales.
I understand that the quotation for Services presented is subject to the terms and conditions as outlined above and current at this date of acceptance. By approving quotation, I agree to our terms and conditions.