In these Terms and conditions of Contract
1. | i. | WSG means Wilkins Safety Group.Client means the client of WSG for whom services are being carried out pursuant to the Contract. Conditions means the standard WSG terms and conditions of contract as set out herein. Contract means the entire contract for the carrying out of the Services between WSG and the Client and incorporating the Conditions. Proposal means the WSG proposal to the Client upon which the Contract is based. Services means all the services to be carried out by WSG for the Client pursuant to the Contract and as set out in the WSG Proposal, or as varied as in 3) i). |
ii. | Acceptance of our Proposal for Services implies acceptance of these Conditions | |
iii. | Any reference in the Conditions to any provision of a stature shall be construed as a reference to that, provision as amended re-enacted or extended at the relevant time. | |
2. | These Conditions constitute the terms of the Contract and shall prevail to the exclusion of any terms or conditions of the Client conflicting therewith. | |
3. | i. | Unless otherwise stated in a Proposal, fees are charged according to the actual time incurred for preparation, reading, travel, site work, training, report writing and associated activities as defined by the requirements of the project set out in the proposal. Expenses where included in the Contract include all reasonable expenses incurred in the execution of the Services. Travel will be charged at business class rate or equivalent. Car miles will be charged at Inland Revenue recognised rates. Should the nature, scope or duration of the Services to be provided change before, during or after the Contract, then any fees and expenses noted in the Proposal are also subject to change. |
ii. | Unless otherwise stated, Proposals are valid for 60 days. | |
iii. | Whilst WHSS will make every effort to meet any dates noted in the Proposal, it reserves the right to vary this and will endeavour to notify the customer in advance of any changes. | |
iv. | Fees quoted are subject to change by 30 days notice by WSG of its intention to apply such a change. | |
4. | i. | In the event of loss of or damage to physical property arising from the negligence of WSG, any liability of WHSS shall be limited to the cost of replacement of the property suffering damage or to the cost of rectification of such damage whichever is the less, provided always that the total liability of WSG shall not exceed GBP 1M in respect of any claim or series of claims arising out of one occurrence. |
ii. | WSG shall not be under any liability for loss or damage howsoever caused unless written notice from the Client is received by WSG at its Registered Office within 30 days of the occurrence of the loss or damage or the Client becoming aware of the Occurrence whichever is the sooner. | |
iii. | Except as provided in i) and ii) above, WSG shall not be liable for any loss of or damage to property nor for any consequential or economic or other losses of any kind howsoever caused. | |
5. | Where the Client is a purchaser or hirer or intended purchaser or hirer under a contract or contemplated contract whether of sale, work done, materials supplied, hire or otherwise or where the client has purchased materials it shall be a condition precedent to any liability of WSG that the Client shall first take all practical steps to enforce and satisfy his claim against the other party to the contract before commencing or continuing with any proceedings against WSG. The Provisions of Condition 5) shall survive the termination of the contract for whatever reason. | |
6. | The Provision of the Services can in no way alter the terms of any Contract between the Client and any other party for the supply of plant or equipment and does not relieve such other party of responsibilities contractual or otherwise. |
7. | Where the Services include the assessment of risks, WSG will take into account risk factors of which it is aware at the time of the consultant’s visit(s). It should be noted that there might be other not reasonably identifiable factors that may be relevant or other matters, which in the opinion of the consultant do not constitute risks in the context of the report. In preparing reports, WHSS may suggest improvements, which in it’s opinion will reduce risks. It should not be inferred that other risks could not be reduced or further controlled, nor that identified risks could not be reduced further by other measures or in other ways. | |
8. | If Services are cancelled by the Client, WSG in it’s discretion is entitled to invoice for 50% of the applicable fee where cancellation is within 14 days of the agreed date, and for 100% of the applicable fee where cancellation is within 7 days of the agreed date. | |
9. | i. | All invoices are issued for payment within 7 days, unless otherwise agreed in writing. Any invoice outstanding beyond our terms will be referred to Daniels Silverman Ltd and will be subject to a surcharge of 15% plus vat to cover the collection costs incurred. This surcharge will be the responsibility of the Client and will be legally enforceable. |
ii. | When Direct Debit facilities have been offered by WSG if 2 No payments are missed the facility will be rescinded and the balance owing will be due by return. | |
10. | The Client will: | |
i. | provide access to all relevant sites and ensure that WHSS is provided with all reasonable facilities, documents and access to its staff to enable it to provide the Services. | |
ii. | give reasonable notice when WSG is required to carry out any part of the Services. | |
iii. | ensure payments are made promptly according to the Conditions. | |
11. | Any obligation upon WSG to provide the Services shall be suspended during such time as the capacity to provide the same is prevented or hindered by reason of an act of God, strike or other industrial action or other cause beyond WSG control. | |
12. | i. | Either party may terminate this Contract by 60 days notice in writing to the other party at their registered address, and in such event, fees earned by WSG for services rendered up to the date of cancellation shall be payable immediately. |
ii. | Termination of the Contract for whatever reason shall not affect the accrued rights of the parties arising in any way out of the Contract as at the date of termination and in particular but without limitation the right to recover damages against the other and all provisions which are expressed to survive the Contract shall remain in force and effect. | |
13. | Compliance with all statutes, regulations or other standards remains fully the responsibility of the Client at all times. | |
14. | i. | This Contract shall be governed by and construed in accordance with the laws and customs of the United Kingdom. |
ii. | The Contract shall not be amended or supplemented except in writing signed by duly authorised representatives of both parties. | |
15. | A fee will be charged by WSG to the Client for any employee or Associate Consultant of WSG who is engaged by the Client, or any of its customers, as an employee or contractor in any capacity within one year of any Services provided to the Client by that employee or Associate Consultant. | |
16. | Clients agree to allow WSG to use their Company name(s) in publicity and marketing materials, unless the contrary is expressed in writing. | |
17. | WHSS will hold essential Client details in our record keeping system. Further to the Data Protection Act, your agreement of this is required. Your acceptance of our proposal for Services under these Conditions acknowledges your explicit agreement. | |
18. | Any notice required to be sent under these Conditions or associated Contract will be properly served if sent by First Class Recorded or Registered Delivery post to Wilkins Safety Group, Underhill Farm, Long St., Low Ham, Langport, Somerset TA10 9DP. |