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Terms & Conditions - Tersus:Asbestos Management

It is critical for any Company, no matter what sector of industry, to have suitable terms and conditions. These are important because they create certainty between contracting parties. Our terms and conditions set out the professional services we provide in an unambiguous fashion leaving no room for misunderstanding. They afford protection both to your interests and to ours. These are your assurances that the services you require meet your expectations, and minimise the risk of misunderstandings in this highly regulated and legislatively controlled sector.

Peace of mind - priceless.

CONDITIONS OF OFFER

  • By employing Tersus you agree to the following terms & conditions.
  • Prices quoted will be valid for thirty days from the date of quotation. Payment of invoices to be 30 days from receipt of invoice.
  • Tersus reserves the right to alter the accepted price if a price rise is necessary due to any unforeseen circumstances or other external constraint.
  • Changes in report formats or advertising literature may be made without notice or liability on behalf of Tersus.
  • When requested, the customer is expected to pass on all relevant information, drawings CoSHH assessments and any other risk assessments which may assist Tersus in undertaking their work on site.
  • Sub-contractors used for accredited work shall only be used with the agreement of the customer who shall be informed in writing.
  • The services are provided to and for the benefit of the customer exclusively. Tersus shall not be liable to any third parties who seek to use the service.
  • Tersus shall have no liability to the customer for any loss, damage, costs or other claims for compensation arising from any instruction supplied by the customer which are incomplete, incorrect, inaccurate, or in the wrong form, or arising from their late or non arrival, or any other fault of the customer.
  • The entire liability of Tersus under or in connection with the agreement shall not exceed a multiple of 10 (ten) times Tersus charges for the provision of the services.
  • Tersus shall not be held liable to the customer or be deemed in breach of its contract by reason of any delay in performing, or any failure to perform any of the company’s obligations in reason to the services, if the delay or failure was due to any cause beyond the company’s reasonable control.
  • The customer shall indemnify and keep the company indemnified against all costs against damages or losses incurred or suffered by the company as a result of any claims made due to the infringement of any regulation, enactment or legislation by the customer.

HEALTH AND SAFETY

  • Tersus reserves the right to make any change in the specifications of the service which are required to conform with any health and safety or other statutory requirements.
  • Tersus personnel will not be allowed to undertake any work outside of our or any existing health and safety policy requirements of the site.
  • The customer is to supply qualified technicians or engineers to isolate all services where internal inspection by Tersus staff is required. This also extends to the inspection of lift motor equipment, moving plant, hot machinery, pipe work etc. or areas of premises which may be deemed to be of additional hazard.

ACCESS REQUIREMENTS

  • A certain amount of destructive inspections are required with all types of survey, No responsibility can be accepted for damage to the site in respect to this contract. Unless otherwise instructed and the appropriate safe guards implemented the amount of damage and destructive inspections will be determined on site at the time of the survey and be limited to the best safe practice for the site conditions
  • All equipment and access requirements for inspections of areas which fall outside the reasonable efforts or of our health and safety policy must be supplied by the customer or any costs incurred reimbursed by the customer.
  • Areas occupied during investigations will have to undergo an on site risk assessment and this may cause additional limitations to the survey procedure or final report.
  • For all internal areas of the building to be accessed Tersus surveyors will require a contact in each area with access to keys etc. To carry out the survey, all areas within the scope of works must be accessible. Areas not accessed will be recorded within the report and presumed to contain asbestos.

SURVEY LIMITATIONS

  • All reasonable efforts are made to access and find any concealed asbestos. However, because of the way that asbestos is used in composite structures and inaccessible places it cannot be guaranteed that all asbestos materials have been located during surveys. All surveys will be carried out in accordance with HSE Guidance MDHS 100 and with regard to the Control of Asbestos Regulations 2006.
  • Due to the nature and usage of asbestos materials Tersus cannot be held liable for omissions to any reports
  • Where possible the extent of destructive inspections and all areas which can be reasonably accessed will be agreed with the customer prior to commencement of the survey.
  • Unless by prior arrangement the following areas will not be accessed for any survey type, however assumptions as to possible asbestos materials will be made within the reports where suitable:
    • Beyond fixed or fitted products suspected to be asbestos containing materials (ACM), eg. above ACM suspended ceiling tiles or ACM soffit, or where movement of materials would be expected to create a hazardous level of asbestos fibre release.
    • Beneath solid floors, within solid walls and above solid ceilings.
    • Live switchgear, plant, machinery including lift machinery, boilers etc.
    • High level works requiring the use of specialised access equipment.

    Also for type 2 surveys specifically;

    • Within brickwork risers, fixed casing, panels or coverings unless purpose made access points are available which can be replaced in a similar condition to that prior to removal.
    • Under carpets and other floor coverings unless replaceable in the same condition as before they were removed.
    • Within underground ducts or undercrofts unless safe access is available above ground.
    • Furniture, fixtures or fittings will not be moved where this would disrupt the working environment of the site where occupied.
  • Specific limitations with regard to type 1, 2 & 3 surveys are available on written request and are also detailed in the survey report.
  • All relevant plans must be supplied by the customer prior to the survey to ensure that all available areas are inspected. These plans will be used to record sample location points. If site plans are not available the customer must supply a competent person to show the surveyor the whole site. In any event a rough sketch plan/schematic of the areas investigated will be included in the report.
  • In order for Tersus to carry out a specific risk assessment the customer must supply all relevant existing information regarding asbestos and other risks on site prior to the commencement of the survey.

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