- These terms and conditions are the terms and conditions upon which COLDRA CONSULT LTD makes the website www.coldrasonsult.com (the “website”) available to you and any services which are accessible via the website.
- All reports are conducted in accordance with HSE 264.
- All surveyors are qualified P402 and P403 as a minimum.
- Coldra Consult ltd is fully insured with Hiscox. Copies of our insurance is available upon request.
- Unless otherwise stated all prices are inclusive of expenses except where laboratory analysis costs apply which will be quoted in addition to the survey fee.
- Once you make a booking with COLDRA CONSULT LTD we will confirm that your order has been accepted by sending an email to you at the email address you provide either on our Contact Form, via email or over the phone or text message. Our acceptance of your order brings into existence a legally binding contract between us and these terms and conditions shall apply in all cases.
- The price payable will be quoted over the phone or sent to you via E-mail and may vary from illustrative prices quoted on the website.
- The agreed fee will be paid in full once the Site Survey has been completed and before delivery of the final report/certificates.
- All quotes are valid for 21 days and on the condition that the building description provided by you matches that of the actual building to be surveyed.
- Once accepted, the agreed price is valid for a further 21 days unless payment is made in full within the 21-day duration, upon which the price at time of payment does not expire.
- If the size and description of the building varies from the original description, then we reserve the right to request additional compensation for our services prior to delivery of services.
DELIVERY AND PERFORMANCE
- In due course, we will send one of our personnel to the address to carry out the service.
- Attendance of our personnel will be made within a reasonable period of time.
- Time is not of the essence unless agreed in writing. Additional fees may be applied in the case of a fast track requirement.
ASBESTOS SAMPLING STRATEGY
- The Asbestos Management Survey aims to locate, as far as is reasonably practicable, the presence and extent of any suspected Asbestos Containing Materials (ACMs) which could be damaged or disturbed during normal occupancy of the areas surveyed and assess their condition.
- Relevant areas which cannot be accessed (e.g. rooms or areas inside rooms) are recorded as such and will be presumed to contain asbestos. Any other areas not accessed must also be presumed to contain asbestos.
- The Asbestos Management Survey cannot be used to fulfil the asbestos survey requirements of any refurbishment or demolition works.
- Whilst every effort will be made to locate and identify all ACMs within the scope of the survey the outcome of the survey must not be regarded as being definitive and the client accepts that Freeman Surveying not be held liable for the consequences and implications of any ACMs not identified during the survey. Unless specific instruction is given and have been agreed by the surveyor IN WRITING the following areas will not be surveyed (this list is not definitive):
- Underneath carpet or other flooring that is fixed by grippers, glued to the substrate or otherwise not easily lifted without breaking a seal or otherwise causing damage that is likely to prevent re-installation to the original condition prior to survey taking place.
- Behind plasterboard, plywood, chipboard or other sheeting that is attached to a frame by adhesive, screws, nails or any other system that is likely to prevent re-installation to the original condition prior to the survey taking place.
- In confined spaces such as ceiling or roof cavities where clear access is not already present and the surveyor is likely to cause damage to the building or themselves during the process of entry, survey and exit.
- Inspecting above or behind known or suspected ACMs.
- Where an on-site risk assessment has indicated that it was not possible to survey an area safely, the Surveyor will not survey the area.
- Work requiring access above 3 m height will only have been carried out with an assistant and use of the correct safety equipment.
- Any survey represents a ‘snapshot’ which is relevant only for the date and time of the survey.
- COLDRA CONSULT LTD will accept no responsibility for any alterations, omissions or inaccuracies which are caused because of works which may be carried out following the survey, but prior to the issuing of the report.
- All services will have been considered as ‘live’, unless evidence of disconnection has been provided by the client. Electrical service boxes, lift machinery, plant, lift shafts, pumping equipment, air handling units and other units will not have been fully inspected unless an engineer has been provided to accompany the surveyors.
- COLDRA CONSULT LTD may make recommendations regarding the Sampling Strategy which if possible will be discussed with the Duty Holder prior to submitting any samples to the laboratory for testing.
ENERGY/OPERATION PERFORMANCE RATING (EPCs ETC)
- We are unable to improve or alter the buildings Energy / Operational Performance Rating or SBEM/BRUKL score calculated from our site-visit or desk top observations unless any additional evidence is supplied before the completion of the site survey or desk top calculations. We are not obliged in a any way to resubmit or recalculate any report or certificate once we have issued, unless there is a mistake of our causing with regards to the address details of the building.
- We are not under ANY CIRCUMSTANCES obliged to release site notes, photographs, SBEM calculations or any other information used to calculate and generate the Energy Performance Rating of any building.
- If we agree to release site note, photographs, SBEM calculations or any other information use to create the Energy Performance Rating or other report type, we may charge for the time taken to prepare the documentation at £50 per hour plus VAT.
- For all SBEM/BRUKL reports, we will not lodge until the final AS BUILT BRUKL output document has been reviewed by the client.
- Payment is due prior to release of any final reports (or in the case of Energy Performance Certificates, prior to lodgement). In some cases, we may charge prior to site visit.
- Payment terms are immediate upon issue of our invoice.
- Where draft Energy Certificates have been sent with the invoice, you will be asked to first check the drafts (to ensure they are correct and represent the building in question) prior to making payment. Therefore upon receipt of payment we will assume that you have checked any drafts and are happy with their content. Re-lodgement requests after payment has been made will be charged at £50 per certificate (with the exception of Asbestos Management Reports which carry no lodgement charge)
- For BRUKL/SBEM reports payment is due on the issuance of the first draft (which may be Design Stage). This will be accompanied with our invoice for the whole service, parts of which may have not yet been carried out. you will be required to sign a declaration confirming the accuracy and authenticity of any information you provide.
- Our invoice may be delivered (and issued) electronically via email.
CANCELLATIONS BY US
We reserve the right to cancel the contract between us if:
- We have insufficient personnel to carry out your order.
- Our personnel do not work in your area or our personnel are on leave.
- Your order was listed at an incorrect price due to a typographical error.
- We no longer wish to carry out the work.
If we do cancel the contract, we will notify you by email and we will offer an alternative appointment if possible. We will not be obliged to offer any additional compensation for disappointment suffered or for any other reason.
CANCELLATIONS BY YOU
- Should you fail to attend our meeting at the premises or access is denied for any reason, then 100% of the full assessment fee is payable in full and a further fee to re-visit (50% of the most recent quote) and produce the Energy Performance Certificate will become payable.
- Should you be unable to attend our meeting, we require confirmation by telephone or text message no later than 24 hours before the agreed appointment time.
AUDIT FAIL DUE TO LATE PAYMENT
Invoices are due immediately upon receipt, there are no payment terms.
LATE-PAYMENT DEBT RECOVERY
We will write to you formally after 21 days to remind you to pay within 7 days.
If after a further 7 days (28 in total since the service was completed) you still have not payed we will write to you again informing you that we have applied the following costs to your invoice and have begun legal proceedings to recover our funds. The following charges will immediately be added to your debt.
- A minimum collection fee starting at £500 (HM Courts & Tribunals Service)
- A daily rate of interest as recommended by the Small Claims Court
- Solicitors fees in line with CPR
- We are in no way liable for the conclusions and recommendations awarded to your property in any certificate or report, neither are we obliged to make public any site notes, photographs or internal calculations collected during the site visit.
- Save as precluded 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 problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation.
- 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.
- We will do our utmost to ensure that availability of the website will be uninterrupted, however, this cannot be guaranteed at all time. Coldra Consult Ltd. accepts no responsibility for any such suspensions, restrictions, interruptions or delays. We reserve the right to make changes to our website, policies and these terms and conditions at any time.
A notice under, or in connection with these terms and conditions, shall be in writing and shall be delivered personally or sent by email, as follows:
Marked for the attention of: THE SECRETARY
If to you, to: the address supplied on the order by you.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected.
THIRD PART RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
USE OF WEBSITE
Coldra Consult Ltd. grants you a limited licence to access and make personal use of the website, but not to download or modify it.
The website or any portion of the website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
You are granted a limited, revocable and non-exclusive right to create a hyperlink to the website as long as the link does not portray Coldra Consult Ltd. or its products in a false, misleading or otherwise offensive manner or claim any association with Coldra Consult Ltd.
You will not use any Coldra Consult Ltd. logo or other proprietary graphic or trademark as part of the link, without our written consent.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.Coldra Consult Ltd. reserves the right to refuse access to the website.
We will manage your personal data in accordance with the 2018 General Data Protection Regulation (GDPR)
COLDRA CONSULT LTD is an associate of FREEMAN SURVEYING LTD. (a VAT registered business)