Standard service – Terms and Conditions
Kendon Safety Ltd (the “Service Provider”) provides health, safety, asbestos and fire consultancy services to business clients. Kendon Safety Ltd has reasonable skill, knowledge and experience in that field. These terms and conditions shall apply to the provision of services by Kendon Safety Ltd to its clients.
- Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Agreement”||means the agreement entered into by the Service Provider and the Client incorporating these Terms and Conditions (or variation thereof agreed upon by both Parties) which shall govern provision of the Services;|
|“Working Day”||means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business activities;|
|“Client”||means the party procuring the Services from the Service Provider who shall be identified in the Agreement;|
|“Commencement Date”||means the date on which provision of the Services will commence, as defined in the Agreement;|
|“Confidential Information”||means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with the Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);|
|“Fees”||means any and all sums due under the Agreement from the Client to the Service Provider, as specified in the Agreement;|
|“Services”||means the services to be provided by the Service Provider to the Client in accordance with Clause 2 of the Agreement, as fully defined in the Agreement, and subject to the terms and conditions of the Agreement; and|
|“Term”||means the terms of the Agreement as defined therein.|
|“Work Order”||means the form used to specify the Service required by the client, as well as the agreed upon payment. Clients may have their own Work Order that they choose to use, or the Service Provider may provide one. The Work Order is confirmation that a Service has been requested and that the client will provide remuneration upon completion of said Service. Remuneration may, on occasion, be agreed upon via a different means other than the Work Order.|
- Provision of services
2.1 Initial contact and agreement about services provided
2.1.1 Kendon Safety Ltd shall provide the agreed upon services to the client from the date agreed between them, either by contract or work order.
2.1.2 The quote provided to the client will be based upon the information provided by the client to Kendon Safety Ltd at the time of initial query. If the client fails to disclose additional information that would affect the price of the quote, then Kendon Safety Ltd reserves the right to adapt the quote accordingly.
Examples of this include, but are not limited to: asking for a single health and safety risk assessment, but then deciding that a fire risk assessment is also needed whilst the assessor is on-site; or stating that there are only four blocks of flats, when in fact there are six.
2.1.3 Clients must ensure that they provide all the relevant information, access and support required by Kendon Safety Ltd to conduct their business effectively, as outlined in these terms and conditions and the agreement. By completing and providing a work order, the client is signalling their agreement to act in line with these terms and conditions.
The client must also ensure that they identify any secure areas that cannot be accessed, but will be required to be accessed as part of the visit, on any sites that they have asked Kendon Safety Ltd to visit to conduct requested risk assessments.
2.2 Site visits, reports and timescales
2.2.1 In instances where visits to sites have been requested by the client, for example to complete an asbestos survey, Kendon Safety Ltd will aim to have the site booked in to be visited within 28 working days from initial contact, unless circumstances prevent this from occurring, such as the client being unable to provide access, or Kendon Safety Ltd being unable to provide an appropriate assessor for the requested date. This is not an exhaustive list.
It is the responsibility of the client to inform Kendon Safety Ltd, at the time of booking, if they require the site visit and/or report more urgently than outlined within these terms and conditions. Whilst Kendon Safety Ltd will do its best to provide the client with the requested deadline, Kendon Safety Ltd is not obliged to meet said deadline or be held liable for any negative impact experienced by the client due to Kendon Safety Ltd not meeting the earlier deadline. If the client does not state a requirement to receive the site visit and/or report sooner than outlined in the terms and conditions, it will be understood by Kendon Safety Ltd that they agree with the timescales laid out within these terms and conditions.
2.2.2 Before commencement of the site visit, the client is required to complete a work order, either their own or one provided by Kendon Safety Ltd, that states the requested works and agreed payment amount. This work order will then be taken as confirmation for the site visit to go ahead. Until the work order is returned to Kendon Safety Ltd, the site will not be visited.
2.2.3 Once the site has been visited, the client will receive an email to inform them that the site has been visited and if any further information is required. As long as all information required is provided by the client, Kendon Safety Ltd will provide the risk assessment report within 10 working days from the next working day after the site visit. For example, if a site is visited on a Monday, the report will be due 10 working days from the Tuesday; if the site is visited on a Friday, then the report will be due 10 working days from the following Monday.
2.2.4 It is the client’s responsibility to provide any requested information required to complete risk assessment reports. The 10 working day period will not start until such information has been provided.
Failure on the part of the client to provide the requested information will result in a delay in receiving the report, for which Kendon Safety Ltd is not responsible. Such delays will not negate the client for being responsible for paying any fees owed to Kendon Safety Ltd for services already rendered. The sum can be agreed between Kendon Safety Ltd and the client.
2.2.5 If Kendon Safety Ltd is unable to access the site to conduct the requested risk assessments due to lack of provision on the part of the client, then the client will be expected to reimburse Kendon Safety Ltd for any reasonable costs associated with needing to re-arrange the visit, such as transport.
2.2.6 Upon receipt of the risk assessment report, the client must inform Kendon Safety Ltd, in writing, of any concerns or disputes that they have in relation to the report findings. This must be done within 10 working days of receipt.
2.3 Provision of other services
2.3.1 Kendon Safety Ltd shall provide the client with other services for which Kendon Safety Ltd and its employees, contractors and sub-contractors have expertise and training, as agreed upon between them, but may include training for staff, audits etc.
2.3.2 Kendon Safety Ltd will arrange a date for providing the requested service within 28 working days of the initial contact for said service, unless situations present themselves that prevent this from occurring, as highlighted in clause 2.2.1.
2.3.3 As per the caveats outlined in clause 2.2.2, the client must provide a work order for the requested service before works can be commenced.
2.3.4 As per the caveats outline in clause 2.2.4, the client must provide all relevant information requested in order to ensure that the service is delivered efficiently and on time and that any reports required are able to be created and sent to the client in a timely manner.
2.3.5 As per the caveats outlined in clause 2.2.5, the client must provide access to any sites for which it is required in order for Kendon Safety Ltd to provide the requested service.
2.3.6 As per the caveats outlined in clause 2.2.6, the client must inform Kendon Safety Ltd of any concerns or disputes that they may have for any findings made by Kendon Safety Ltd in relation to the service that they have provided.
2.4 Safety whilst providing services
2.4.1 Kendon Safety Ltd will honour its responsibilities, in line with its policies and procedures, to protect the health, safety and security of its own employees, contractors, sub-contractors and anyone else who may be affected by its business undertakings whilst providing the requested services.
2.4.2 The client is responsible for ensuring that Kendon Safety Ltd and any persons operating on their behalf are provided with necessary information that will help them to protect their own health, safety and security and that of anyone who might be affected by their undertakings during the course of providing the services.
2.4.3 Failure on the part of the client to provide the required information, as outlined in clause 2.4.2, may result in Kendon Safety Ltd withdrawing their agreement to continue with providing the requested service and Kendon Safety Ltd seeking reimbursement for services rendered thus far, either in full or part.
2.4.4 Kendon Safety Ltd will ensure that it has appropriate and relevant insurance in place to protect the rights of the client in the event that any activities carried out by Kendon Safety Ltd negatively affect the client, anyone working on their behalf or others who may be affected by their undertaking. This will include ensuring that their public liability insurance is relevant and up-to-date.
2.5 Force Majeure
2.5.1 Whilst all efforts will be made by Kendon Safety Ltd to ensure that they complete and provide the services on time to the client, there may be circumstances beyond Kendon Safety Ltd’s control that prevent this from happening. Under such circumstances, Kendon Safety Ltd will not be liable for any delays, or subsequent consequences caused by said delays, in providing the client with the requested service.
Such circumstances that may be beyond Kendon Safety Ltd’s control include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
Kendon Safety Ltd will work with the client to attempt to resolve the issues quickly in order to prevent any negative impact on the client, however it continues to be the case that Kendon Safety Ltd will not be held liable for said negative impact.
- Payment for services rendered
3.1 The client agrees to pay Kendon Safety Ltd the agreed fees as stated in their work order or contract following completion of the requested service. They will pay Kendon Safety Ltd via the details provided on their work order or contract. The contracted time frames are as follows:
Commercial clients (business to business or account customers) – 28 days from receipt of invoice.
Private clients (property owners or residents) – 5 days from receipt of invoice.
3.2 If the client is unable to pay the agreed fee within the stated time frame, they must notify Kendon Safety Ltd as soon as possible so that the situation may be discussed and an alternative payment arrangement may be made, if required. Kendon Safety Ltd is not obligated to accept a request from the client to extend the time frame for payment, it is entirely at the discretion of Kendon Safety Ltd if they wish to do so.
3.3 If the client fails to pay for the services rendered within the agreed upon time frame and if they have not agreed an alternative time frame with Kendon Safety Ltd, then Kendon Safety Ltd reserves the right to add interest to the amount owed until such time as it is paid or an agreement for an alternative payment arrangement is met.
The interest will amount to 5% of the total owed which is applicable from the 29th day from date of invoice issue. When a further 28 days has elapsed, the interest will increase to 10% of the total amount owed, including the additional 5% interest added to the total amount.
3.4 If full payment of the amounts owed, including any interest accrued, has not been made within 90 days of invoice issue, or if an appropriate payment arrangement has not been agreed with Kendon Safety Ltd, then Kendon Safety Ltd reserve the right to seek payment in full via the appropriate legal means. Any costs incurred in doing so will be added to the amount already owed by the client.
3.5 On occasion, Kendon Safety Ltd will agree to undertake certain services free of charge. This is entirely at the discretion of Kendon Safety Ltd and will be agreed upon before commencement or provision of services.
4.1 Kendon Safety Ltd will ensure that any information that they hold on the client, including information on tenants, employees, contractors and others for whom the client is responsible, will be kept in the strictest confidence, in accordance with relevant data protection laws.
4.2 Kendon Safety Ltd will only allow access to confidential information to those persons who are required to have access in order to allow them to successfully complete their job role in line with the service requested by the client.
4.3. Kendon Safety Ltd will ensure that employees, contractors, sub-contractors and anyone else for whom they are responsible are aware of their legal obligations to keep confidential information private and secure. If such individuals are found to have breached the terms of this agreement, they will be subject to appropriate disciplinary action.
- Liability and Indemnity
5.1 Kendon Safety Ltd will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under these terms and conditions, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Kendon Safety Ltd’s employees, agents or otherwise) in connection with its provision of the services or the performance of any of its other obligations under these terms and conditions, or this quotation, or with the use by the client of the services supplied.
5.2 Kendon Safety Ltd shall not be liable to the client or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of Kendon Safety Ltd’s obligations if such delay or failure is due to any cause beyond Kendon Safety Ltd’s reasonable control.
5.3 The client shall indemnify Kendon Safety Ltd against all damages, costs, claims and expenses suffered by Kendon Safety Ltd arising from any loss or damage to any equipment (including that belonging to third parties) caused by the client [or its agents or employees].
5.4 Nothing in these terms and conditions shall limit or exclude Kendon Safety Ltd’s liability for death or personal injury caused by its negligence or for any other matters for which it would be unlawful to exclude or limit liability
In the event that one or more of these terms and conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision/s shall be deemed severed from the remainder of these terms and conditions (which shall remain valid and enforceable).
- Law and Jurisdiction
7.1 These terms and conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
7.2 Any dispute, controversy, proceedings or claim between the Kendon Safety Ltd and the client relating to these terms and conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.