1. Who we are. We are bSure Testing Limited a company registered in England and Wales. Our company registration number is 04730551 and our registered office is at Unit 5 The Aquarium, 101 Lower Anchor Street, Chelmsford, CM2 0AU (“bSure”“bSure Testing”“us”“we”or “our”). Our registered VAT number is 832478613.
  2. How to contact us. You can contact us by telephoning 0207 264 1010 or by writing to us at info@bsuretesting.co.uk or by post at Suite 5, 101 Lower Anchor Street, Chelmsford, Essex, CM2 9BU.
  3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
  4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  5. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if: you are an individual; or you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
  6. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

bSure Testing Limited reserves the right in its sole and unfettered discretion, to alter and change these Terms & Conditions without prior notice or warning

The following are specific terms and conditions for the specific services/goods identified within each sub-section as being provided and are subject to the general terms and conditions as set out below and marked as such (“General Terms and Conditions”). 

Where there is any discrepancy between the General Terms and Conditions and the Specific Sector Terms and Conditions as set out below, the provisions of the Specific Sector Terms and Conditions shall prevail. 

Specific Sector Terms and Conditions:

1: Supply of bSure Testing Limited Test Kit Terms & Conditions

  1. Goods are subject to availability. If we cannot supply you with any components or items, we will inform you and provide you with a full refund if necessary and in our sole discretion.
  2. We agree to sell you the goods for the price quoted.
  3. Prices exclude VAT. VAT will be added to our invoice at the current rate
  4. An invoice will be issued for the supply of goods. bSure Testing Limited 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 in accordance with the agreed credit terms
  5. Postage and shipping times refer to delivery in the UK mainland and Northern Ireland only and all such time are not of the essence. Please contact our office about delivery outside the UK
  6. Goods ordered before 15:30 hours GMT will be shipped the same day where possible and such time not being of the essence (excluding weekends and bank holidays). Kits received after the 2ndpost will be processed the following working day again such timings not being of the essence. 
  7. Delivery charges are as quoted. Every effort will be made to deliver goods to you in the timeframe indicated, but as this handled by a third party, this cannot be guaranteed by us and is not of the essence.
  8. You are responsible for providing us with the correct address details to send your order to. If Goods are not received, we will, in our sole discretion, send out replacement goods. If however, an order is cancelled after the issuing of any goods, these must be returned to us in full before we can assess whether a refund is applicable – which we may issue in our sole discretion..
  9. If you are an individual consumer, you may  the right under the Consumer Contracts Regulations to cancel your order. Please see our Returns Policy for further information.

Returns Policy

  1. These terms do not affect your statutory rights
  2. If you change your mind after receiving your goods we do not provide a refund or credit. We will only refund the price of the goods if they are faulty and unused. In this instance, you are responsible for the cost of returning goods to us. Please include your name, address and e-mail with the goods that you are returning.
  3. The Returns address is –  bSure Testing Limited, Suite 5 Aquarium, 101 Lower Anchor Street, Chelmsford, Essex, CM2 0AU
  4. If any items are missing or faulty, in the first instance please call our office within 7 days of delivery and we will, in our sole discretion and only once we have had chance to inspect them and verified their defective nature, replace those items or arrange a refund if you no longer want the goods.
  5. Your order should arrive within 3 working days for orders dispatched by first class, and within two days for Guaranteed Next Day Delivery. If your parcel does not arrive, please contact the office

2: bSure Testing Limited Training Terms & Conditions

Please note that the below Terms & Conditions apply to all training delivered by bSure Testing Limited

  1. Cancellation Policy:
    1. 10 working days = 50% of the course cost.
    2. 7 working days or less = 100% of the course cost.
    3. Cancellation on the day, or non-attendance = 100% of the course cost including all fees.
    4. bSure Testing Limited will, in its sole discretion and determination, charge any additional fees that have been incurred because of cancellation.
  2. Payment Terms:
    1. Full Payment must be received prior to the course to secure booking unless otherwise stated.
    2. Order numbers, if required must be supplied before completion of training.
    3. If an order number is not produced payment is still expected from the date of the invoice.
    4. bSure Testing Limited reserve the right, without liability whatsoever, to withhold any certification until payment has been received.
    5. Information may not be uploaded to awarding bodies should payment for previous invoices remain outstanding. This may incur additional charges to yourselves and result in delegates being required to attend the training again, should this occur payment will still be due.
  3. Certification:
    1. If certification is not received within 6 weeks and we are not notified, there may be charges for replacements to be issued (exclusions apply).
    2. Certification is issued to the address stated on the booking form, should information be incorrect you may be liable for replacement certificates to be issued.
    3. bSure Testing Limited reserve the right, without liability whatsoever, to withhold any certification until payment has been received.
  4. Bookings & Confirmation:
    1. By signing the booking form, you are confirming that the details listed are correct.
    2. No course booking is confirmed until we have received a completed booking form. Upon receipt, joining instructions will be issued (if required).
    3. It is the responsibility of the customer to ensure delegates wear suitable clothing for the course they are attending.
    4. For courses taking place at a customer’s premises, equipment relating to the course may need to be supplied, along with a suitable training area for the training to take place.
    5. For courses being held at customer’s premises appropriate business insurance is held along with any other documentation relevant to the training (i.e. LOLER certificates).
    6. I/we confirm that the instructor provided by bSure Testing Limited has the authority to operate any plant / machinery necessary to deliver the course listed above.
    7. Should suitable facilities and / or equipment not be provided, the instructor reserves the right to stop the training. Payment is still required in full.
    8. Any special requirements that may have an effect upon the course must be stated above.
  5. In accordance with the HSE’s guidelines, a bSure Testing Limited accreditation card is valid for one calendar year only. The online re-fresher course and assessment pass must be completed at least one week before the expiration. bSure Testing Limited will notify the client two weeks in advance of the expiry date
  6. The cost of re-accreditation is dependent on your companies’ agreement and shall be determined by us in our sole discretion, failure to re-accredit within one month of the cards expiry date, bSure Testing Limited reserve the right to increase the cost to £100 +VAT. Alternatively, your new card will only be issued to the existing expiry date.
  7. Allowing accreditation to lapse for one year or more, the client may be required to attend another public training course.
  8. bSure Testing Limited accreditation cards can only be used in conjunction with bSure Testing Limited testing kits and services. bSure Testing Limited reserve the right to revoke accreditation cards if they think sampling kits are being purchased from another provider, or utilising the services of a different laboratory. 

3: Asbestos Sampling/Surveys*/Non-Licensed Works (“NLW“) Terms & Conditions

  1. Quotations are based on information provided by the client, unless bSure Testing Limited or a bSure representative has visited the site prior to the survey. Any deviations from information received for estimating purposes may result in additional fees in the sole discretion and determination of bSure Testing Limited.
  2. Our quotation is exclusive of any allowance for Value Added Tax (VAT). VAT will be added to our invoice at the current rate.
  3. No work will commence until an official written order has been received by post, email and accepted by us. Such order is considered an acceptance of our quotation and terms & conditions
  4. Availability of resources where quoted is an estimate based on the program of work in hand at the time of quotation. This can vary from day to day and is not of the essence. Where the starting date is critical it should be verified at the time of placing an order but time shall never be of the essence.
  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. We 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.
  7. Unless otherwise stated the quotation is based on all the conditions of the site being the same as at the time of quotation.
  8. 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.
  9. 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.
  10. Although the utmost care will be taken not to damage materials, localised damage 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 and bSure Testing Limited shall have no liability in this respect whatsoever. Prior to refurbishment / demolition surveys is recommended the client completes the form’ pre-survey questionnaire to avoid any ambiguity. If this is not completed bSure Testing Limited will assume no specialist arrangements are required, additional work may incur additional costs at our sole discretion.
  11. 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.
  12. Quotation values are guaranteed for 3 months. After this period bSure Testing Limited reserve to right to re-evaluate the fee.
  13. An invoice will be issued upon completion of the works. bSure Testing Limited 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 in accordance with the agreed credit terms.

*Management survey (formerly Type 2 Survey in MDHS100)

  • The Management Survey is a non-invasive inspection, inspecting and testing materials which can be accessed without specialist tools and without damage to the decor, fixtures, fittings and fabric of the building save for small areas from which samples are required to be taken, the type and nature of asbestos materials present, in particular asbestos debris.
  • Each room/area will be visually inspected for materials suspected to contain asbestos and representative samples taken for confirmation. Effort will be made to investigate all aspects of the building fabric in so far as is practicable.  

*Refurbishment or demolition Survey (formerly Type 3) 

  • This type of survey is used to locate and describe, as far as is ‘reasonably practicable’, all ACM’s in the building and may involve destructive inspection, as necessary, to gain access to all areas, including those that may be difficult to reach. A full sampling programme is undertaken to identify possible ACM’s and estimates of the volume and surface area of the ACM’s made. The survey can be used as a basis for tendering the removal of ACM’s from the building prior to demolition or major refurbishment so the survey does not assess the condition of the asbestos, other than to note areas of damage or where additional asbestos debris may be expected to be present. 
  • This form of inspection is to be utilised prior to any planned refurbishment, renovation or demolition whether it be a whole site, building or parts thereof. It is a requirement under the CDM 2007 Regulations and as part of the ‘building controllers’ responsibility in accordance with the CAR2012 regulations. This inspection may not identify all asbestos materials even though it is intrusive in nature, as asbestos applications are known to exist in parts of any given building that may not be accessible in advance of demolition and may not be identified within the report. This inspection is intrusive by its nature to gain the required access to parts of the building, therefore damage to décor, fixtures and fittings, and fabric of the building will be extensive in most instances.

4: NLW Subscription Terms & Conditions

  1. The contract fee will be collected monthly, in advance, by direct debit. bSure Testing Limited will send you (the client) an automated link for approval in the form of a Letter of Engagement, before your business review has taken place. After the first full year a new Letter of Engagement will be issued and revised where necessary (the term of the contract will be extended), A full 12 months of payments will be collected, before the contract can be terminated. After the initial 12-month term, the contract can be terminated by providing 3 months’ notice in writing. 
  2. The initial training fee is payable before the review and training is delivered. The first monthly payment, will be collected, from the beginning of the first month, after the training has been completed.
  3. Invoice payments are due immediately on presentation of invoice, unless agreed separately in writing. In some circumstances, interim payments may be sought by agreement. bSure Testing Limitedmay exercise the statutory right under the late payment of commercial debts (Interest) Act 1998, if we are not paid in full according to agreed credit terms and may add a 10% surcharge for such late payment.
  4. We reserve the right to charge interest and to claim compensation for invoices not paid within the agreed credit period. In accordance with late payment of commercial debts regulations 2002 (amended or replaced from time to time) in addition, all costs incurred on the collection of overdue sums (including, but not limited to, collection of agent’s fees, will be charged to and payable by you). From the date that the invoice/direct debit payment becomes due a £25.00 surcharge may be incurred every time we contact your office regarding an overdue payment.

General Terms and Conditions

  1. OUR CONTRACT WITH YOU
    1. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    2. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
  2. OUR PRODUCTS
    1. The images of the products we display in various mediums are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
  3. YOUR RIGHTS TO MAKE CHANGES
    1. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
  4. OUR RIGHTS TO MAKE CHANGES
    1. We may change the product to reflect changes in relevant laws and regulatory requirements; and to implement minor technical adjustments and improvements, for example to address a security threat.
  5. PROVIDING THE PRODUCTS
    1. Delivery costs. The costs of delivery will be as displayed to you on our website, within the order or as otherwise advised to you. Any prices quoted are not including delivery.
    2. When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
      1. If the products are goods. If the products are goods we will deliver them to you as soon as reasonably possible and we will contact you with an estimated delivery date, which will be within 30 days after the day on which we accept your order.
      2. If the products are one-off services. We will begin the services on the date set out in the order or on the date we specify to you during the order process. The estimated completion date for the services is as told to you during the order process.
    3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
    4. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery.
    5. If you do not re-arrange delivery. If you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 8.2 will apply.
    6. If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 8.2 will apply.
    7. When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
    8. When you own goods. You own a product which is goods once we have received payment in full.
    9. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the order process or requested by us at any time. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    10. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to: deal with technical problems or make minor technical changes; update the product to reflect changes in relevant laws and regulatory requirements; make changes to the product as requested by you or notified by us to you (see clause 4).
    11. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 6 months we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 6 months and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
    12. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We reserve the right in our sole discretion to charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments.
  6. YOUR RIGHTS TO END THE CONTRACT
    1. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
      • (a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
      • (b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
      • (c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 months; or
      • (d) you have a legal right to end the contract because of something we have done wrong.
    2. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
    3. When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of services, once these have been commenced, even if the cancellation period is still running.
    4. How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
      • (a) Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have commenced the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us in full for the services or, at our sole discretion, for the services provided up until the time you tell us that you have changed your mind and all associated costs with such cancellation
      • (b) Have you bought goods? If so you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
    5. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have c providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will either retain all sums paid in advance (or reserve the right to require payment from you of the full amount should this not have been paid in advance) or, should we decide in our sole discretion, refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
  7. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
    1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
      • (a) Phone or email. Call customer services on 0207 264 1010 or email us at info@bsuretesting.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
      • (b) By post. simply write to us at Suite 5, 101 Lower Anchor Street, Chelmsford, Essex, CM2 0AU, including details of what you bought, when you ordered or received it and your name and address.
    2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Suite 5, 101 Lower Anchor Street, Chelmsford, Essex, CM2 0AU or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0207 264 1010 or email us at info@bsuretesting.co.uk. for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
    3. When we will pay the costs of return. We will pay the costs of return:
      • (a) if the products are faulty or misdescribed; or
      • (b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
      • In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
    4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. We will advise you of these costs at the time as they depend upon the items in question.
    5. How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
    6. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
      • (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
      • (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
      • (c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
    7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
      • (a) If the products are goods which have not been tampered with in any way whatsoever, and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 7.2.
      • (b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind again on the basis that there has been no tampering of the item(s) in question.
  8. OUR RIGHTS TO END THE CONTRACT
    1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
      • (a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
      • (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products as determined in our sole discretion;
      • (c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
      • (d) you do not, within a reasonable time, allow us access to your premises to supply the services.
    2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will retain the ability in our sole discretion to retain the full amounts of all monies paid in advance and invoice for all outstanding sums in full. Alternatively, should we decide in our sole discretion, we may refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  9. IF THERE IS A PROBLEM WITH THE PRODUCT
    How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0207 264 1010 or email us at info@bsuretesting.co.uk or via post at Suite 5, 101 Lower Anchor Street, Chelmsford, Essex, CM2 0AU.
  10. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
    1. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights. [1]
    2. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0207 264 1010 or email us at info@bsuretesting.co.uk for a return label or to arrange collection.
  11. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS
    1. If you are a business customer we warrant that on delivery any products which are goods shall:
      • (a) conform in all material respects with their description;
      • (b) be free from material defects in design, material and workmanship;
      • (c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
      • (d) be fit for any purpose held out by us.
    2. Subject to clause 11.3, if:
      • (a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 11.1;
      • (b) we are given a reasonable opportunity of examining such product; and
      • (c) you return such product to us at your cost,
      • we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
    3. We will not be liable for a product’s failure to comply with the warranty in clause 11.1 if:
      • (a) you make any further use of such product after giving a notice in accordance with clause 11.2(a);
      • (b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
      • (c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
      • (d) you alter or repair the product without our written consent; or
      • (e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
    4. Except as provided in this clause 11, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 11.1.
    5. These terms shall apply to any repaired or replacement products supplied by us under clause 11.2.
  12. PRICE AND PAYMENT
    1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
    2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
    3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
    4. When you must pay and how you must pay. We accept payment by bank transfer or with all major credit and debit cards. When you must pay depends on what product you are buying:
      • (a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
      • (b) For services, you must make an advance payment and instalment payments thereafter, as set out more specifically in the above Specific Sector Terms and Conditions of the price of the services, before we start providing them – which are confirmed as being: for survey’s – payment in full before we are obliged to release the survey report; and/or for removal services – unless you have an account with us, final payment is payable on completion. You must pay each invoice within 30 calendar days after the date of the invoice.
    5. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
    6. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
    3. When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
    4. We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 14.
  14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
    1. 14.1 Nothing in these terms shall limit or exclude our liability for:
      • (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      • (b) fraud or fraudulent misrepresentation;
      • (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
      • (d) defective products under the Consumer Protection Act 1987.
    2. Except to the extent expressly stated in clause 11.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    3. Subject to clause 14.1:
      • (a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
      • (b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such order in respect of which the issue arose.
  15. HOW WE MAY USE YOUR PERSONAL INFORMATION
    How we will use your personal information. We will only use your personal information as set out in our privacy policy as available on our website or on request.
  16. OTHER IMPORTANT TERMS
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this but doing so shall not affect our rights whatsoever.
    2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We do not have to agree and do not have to be reasonable when considering any such request.
    3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.
    7. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

[1] Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  1. Up to 30 days: if your goods are faulty, then you can get an immediate refund.
  2. Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
  3. Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is services, the Consumer Rights Act 2015 says:

  1. You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
  2. If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
  3. If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.