1. Where quotations are based on information provided by the client, any deviations from information received for estimating purposes may result in additional fees, unless a representative of EMS has visited the site.
2. Our quotation is exclusive of Value Added Tax (VAT) unless stated. VAT will be added to our invoice at the current rate.
3. No work will commence until a written order has been received by post, email or fax. In some circumstances a verbal instruction may be acceptable. Such an instruction is considered an acceptance of our quotation and these terms & conditions.
4. Availability of resources, where quoted, is an estimate based on the programme of work in hand at the time of quotation and it should be noted this can vary from day to day. Time slots will not be allocated until an instruction is received. Where the starting date is critical it should be verified at the time of placing an order.
5. Once a job has been confirmed and a purchase order has been issued and subsequently the job is cancelled at short notice we reserve the right to issue a cancellation charge.
6. EMS has a commitment of confidentiality to our clients and no information will be shared or placed in the public domain unless the relevant permissions are gained or the information has already been made publicly available by the client. The exception to this is where the inspection body is required by law or authorised by contractual Commitments to release confidential information, the client or individual concerned shall, unless prohibited by law, be notified of the information provided. Information about the client obtained from sources other than the client (e.g. complainant, regulators) shall be treated as confidential.
7. Permission for access where necessary must be obtained by the client, for example prior to Pre-purchase surveys. Additional charges maybe incurred for standing time related to gaining access to a property.
8. EMS shall not be held responsible for any loss, damage or injury arising from actions or omission of the client, his agents, servants and independent contractors. The client will indemnify us and keep us indemnified against all claims, costs, damages and expenses arising from such acts or omissions.
9. We shall not he held responsible for any loss, damage or injury arising from undertaking of the work required by the client or his agents, and the client will indemnify us and keep us indemnified against all claims, costs, damages and expenses arising from such loss, damage or injury.
10. Unless otherwise stated the quotation is based on all the conditions of the site being the same as at the time of quotation.
11. Unless stated, all quotations do not allow for the provision of specialist access equipment that may be required. Access up to 3 m will be provided as standard, along with the provision of hand tools and other surveying equipment as laid out in HSG264.
12. Additional access equipment that is not included as standard include, but is not limited to, Mobile Elevated Work Platforms (MEWP), Scaffold towers, coring or other excavation equipment to gain access below concrete slabs and equipment for access into confined spaces. These services can be supplied but this must be agreed at quotation stage.
13. Access below concrete slabs, subsurface investigation and soil sampling are outside the scope of surveys unless otherwise agreed.
14. Quotations assume access will be made available to each area. Unreasonable delay may result in areas being omitted from the survey or additional charges per hour per surveyor. If areas cannot be accessed on the prearranged day a revisit charge will be applicable. Unless otherwise stated EMS has not allowed for the excavation of trial holes or testing for asbestos in soils.
15. Although the utmost care will be taken not to damage materials, localised damaged may be caused during the investigation and/or sampling operations. Unless specifically requested prior to the survey, this will be made ‘safe’ but not necessarily restored. Prior to refurbishment / demolition surveys it is recommended the client is made aware of the intrusive nature of the survey. EMS will assume no specialist arrangements are required for reinstatement and redecoration, any additional work may incur additional cost
16. Plant and machinery that is not part of the buildings function will not be included in the survey, unless there is a known traditional association with asbestos.
17. Quotations values are guaranteed for 3 months. After this period, EMS reserve to right to reevaluate the fee.
18. An invoice will be issued upon completion of the works and EMS operates a strict 30 day payment policy. We reserve our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to the agreed credit terms. We do not accept payment on a “Pay when paid” basis.
Conditions of Contract – Ground Investigation
1. Quotations are based in part on information provided by the client, unless EMS or an EMS representative has visited the site prior to the survey. If information provided by the client is incorrect or incomplete, this may result in the work undertaken being unsuitable for purpose.
2. As the work is mainly of an exploratory nature, our quotation may be in the form of a Schedule of Rates. Any estimated total cost given is provided for guidance only and is based on assumed provisional quantities. The final cost and time of completion of an investigation depends upon the conditions found on site at the time of investigation. If we feel it necessary to exceed the initial quote, we will only do so after gaining permission from the client.
3. EMS cannot guarantee the final depth of boreholes or trial pits. This may be limited by the ground conditions encountered.
4. Our quotation is exclusive of any allowance for Value Added Tax (VAT). Vat will be added to our invoice at the current rate. Payment of accounts without discount or retention will be required within 30 days of submission.
5. EMS reserve our statutory right to claim interest and compensation for debt recovery costs under the ‘late payment’ legislation, if we are not paid according to the agreed terms. We do not accept payment on a “Pay when paid” basis.
6. No work will commence until a written order has been received by post, email or fax. Such order is considered an acceptance of our quotation.
7. Availability of resources where quoted is an estimate based on the programme of work in hand at the time of quotation. This can vary from day to day. Where the starting date is critical it should be verified at the time of placing an order.
8. Once a job has been confirmed and a purchase order has been issued and subsequently the job is cancelled at short notice we reserve the right to issue a cancellation charge to cover any abortive work undertaken and any sub-contractor costs incurred.
9. In the event of our quotation being accepted, the client warrants and undertaken that they have obtained all the necessary certificates, licenses, permits and consents required by Statute or any order or regulation made there under or by any regulation or by-law of any authority or statutory undertaker. Permission for access where necessary must be obtained by the client, for example, prior to pre-purchase surveys.
10. We shall not be held responsible for any loss, damage or injury arising from actions or omission of the client, the client’s agents, servants and independent contractors. The client will indemnify us and keep us indemnified against all claims, costs, damages and expenses arising from such acts or omissions.
11. Unless otherwise stated, the quotation is based on all the conditions of the site being the same as the time of quotation.
12. Except where specifically stated in our quotation, we make no allowance for: payment of any way leave; for reinstatement, for traffic control, for watching, for lighting or for protection of works. If these prove necessary, the client will be notified and an appropriate charge will be added to the works.
13. It is the duty of the client to provide all available knowledge regarding underground services to EMS. EMS will take appropriate actions to reduce the risk of our works to underground services, including ensuring that utility plans are obtained from statutory providers (a cost for this will be included in estimates). EMS will not be held responsible for damage to underground services which are known to the client, when this knowledge has not been passed on to EMS.
14. EMS has a commitment of confidentiality to our clients and no information will be shared or placed in the public domain unless the relevant permissions are gained or the information has already been made publicly available by the client. The exception to this is where EMS is required by law or authorised by contractual Commitments to release confidential information, the client or individual concerned shall, unless prohibited by law, be notified of the information provided. Information about the client obtained from sources other than the client (e.g. complainant, regulators) shall be treated as confidential.
15. EMS provide client’s borehole and trial pit logs to the British Geological Survey. These are placed on a publicly available database which is of great benefit to the geoscience community. Clients are informed of this at the time of report issue, and are given the opportunity to prohibit the release of logs at this time.
1. In these terms and conditions EMS Water Limited will be referred to as “EMS”and the other party will be referred to as “the Client”. These standard terms and conditions of business will be referred to as “the Standard Terms”. Where the Standard Terms refer to as “a duly authorised officer of EMS” that person will be the one who is named as Project Manager in the contract.
2. The Standard Terms will apply to all work undertaken by EMS for the Client and by signing this contract the Client acknowledges that it is bound by theStandard Terms.
3. Variations to any of the Standard Terms shall only be valid if such variations have been agreed in writing and signed by a duly authorised officer of EMS.
4. Any standard terms of business used by the Client are not part of this contract and do not govern its provisions save to the extent that such standard terms have been expressly incorporated by reference to them in this contract and by being actually attached to this contract.
II.SERVICES TO BE PROVIDED UNDER THIS CONTRACT
1. The contract describes the services which EMS have agreed to offer to the Client. EMS is under no liability to the Client to provide any services that are not described in the Contract.
2. EMS may at its absolute discretion engage any independent contractor or consultant at the expense of EMS if in the opinion of EMS that such engagement would assist in the proper performance of the contract by EMS.
3. If EMS shall in the performance of the contract recommend that the Client engage a third party to perform any services of any kind whatsoever EMS shall use all reasonable endeavours to recommend a third party which is suitable for the performance of the services in question but EMS shall be under no liability to the Client for the manner in which such third party performs its services and the Client shall keep EMS totally indemnified against loss damage or injury howsoever arising caused by the provision by the third party of its services to the Client.
III.DISCLOSURE OF INFORMATION AND CONFIDENTIALITY BETWEEN THE PARTIES
1. The Client shall whether or not specifically so requested by EMS ensure that EMS is provided with all information and documents which are or may be relevant to the Client’s operations which are the subject matter of this contract.
2. EMS shall be entitled to assume that all information supplied by the Client relating to its operation is correct and complete. It is not the function of EMS under this contract to verify the accuracy of such information unless this contract expressly provides.
3. EMS shall be entitled to process all data supplied to it for the purposes of this contract and to have such data processed by third parties but in so doing EMS shall use all reasonable endeavours to protect the confidentiality of all such data in accordance with the GDPR policy of EMS.
4. Except for the purpose of data-processing EMS shall not reveal or disclose to any third party any information relating to this contract or to the operations of the Client without the Client’s written consent.
5. EMS shall take all reasonable precautions to ensure the security of all documents and data deposited with EMS by the Client in the performance of this contract and shall return all such material to the Client as soon as reasonably possible after completion of the contract.
6. EMS shall remain solely entitled to the copyright of all material supplied by EMS to the Client in the performance of this contract. The Client will not without the written permission of EMS signed by a duly authorised officer disclose to any third party any material supplied by EMS to the Client except where required to under the Freedom of Information Act.
7. All material supplied by EMS to the Client which is recorded in writing or electronically shall remain the property of EMS until all fees due to EMS under the contract have been paid in full and all material shall be returned by the Client to EMS upon demand at any time whether or not there then be outstanding any fees from the Client to EMS.
8. The work undertaken under this contract by EMS is for the sole benefit of theClient and the Client shall not without written consent of EMS signed by a duly authorised officer assign the benefit of this contract and EMS shall not be liable for any loss, damage or injury whatsoever and howsoever arising incurred by any third party who makes use in any way of any of the material or the recommendations supplied by EMS to the Client in the course of carrying out this contract whether or not EMS shall have given its consent to the disclosure of any such material or recommendation to the third party.
9. EMS will not without the written consent of the Client disclose in any publication that it has performed services for the Client nor will it without such permission disclose the nature of the services.
IV.LIMITATIONS ON LIABILITY OF PRIMARY WATER SOLUTIONS
1. EMS’s aim is to take reasonable care in giving advice to the Client. It is impossible to foresee or to safeguard against every eventuality. For this reason EMS cannot guarantee the effectiveness of the advice it gives. EMS cannot be held responsible for any failure on its part to identify risks that a Client faces or for its failure to suggest measures or the best measures to combat them or for damage, however far-ranging, that may flow from such a failure. The Client therefore agrees with EMS that the total extent of EMS’s liability howsoever arising under the terms of this contract shall be limited to five times the amount of the fee payable by the Client to EMS.
2. The Client further agrees that upon the third anniversary of the date of signature of the contract EMS shall thereafter be under no liability whatsoever to the Client for any matter of any kind arising out of or connected with the contract.
3. The Client agrees to indemnify EMS in respect of all claims and costs by any person whatsoever for injury or damage to persons or property caused by EMS its servants or agents in the performance of the contract or taking any steps ancillary thereto or associated with it.
4. Under no circumstances shall EMS be responsible for any injurious act or default by any employee of EMS unless such act or default could have been foreseen and avoided by the exercise of due diligence on the part of EMS his employer nor in any event shall EMS be held responsible for any loss suffered by the Client through the failure of any plant or equipment in respect of which EMS shall have given advice in the course of performing this contract except in so far as such loss is solely attributable to the negligence of EMS’s employees acting within the course of their employment.
The contract and any variations to it made in accordance with the terms of this contract represent the entire agreement between the Client and EMS and no material published by EMS or statements made by or on behalf of EMS shall be treated as a term of this contract or as any variation of it.
The Contract has been made in England and is governed exclusively by English Law whether or not this contract provides for EMS to render services outside England.