Definitions

In these terms and conditions the following words shall have the meanings given in this clause:

‘we', ‘us' or ‘our' is a reference to RG Environmental Limited.

‘you' or ‘your' is a reference to the person to whom we are supplying Services and who is required to pay for the Services we supply;

‘Conditions' means the terms and conditions set out in this document and any special terms and conditions agreed in writing by us;

‘Materials' means any materials, goods, parts or items we need to buy necessarily in order to perform the Services;

‘Parties' is a reference to both us and you;

‘Premises' means the place where we will provide the Services;

‘Price' means the price for the Services and materials excluding VAT;

‘Services' means the services described on our quotation and as we agree from time to time.

 

Conditions Applicable

These Conditions shall apply to all contracts for the provision of Services by us to you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order, confirmation of order, or similar document.

When you agree the quotation, we and you will enter into a legally binding contract.

Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by us.

You should keep a copy of these Conditions for your records.

 

Price and payments

The Price shall be our quoted price on our quotation. The Price is the full cost to be paid.

Payment of the Price shall be payable in one of three ways:

1. As instructed on the invoice or quotation.

2. Staged payments for which a non-refundable 40% deposit is required with the balance due on completion.

3. At the time you receive our invoice and upon completion of the Services.

RG Environmental does not accept any retention sums for any work undertaken.

Consignment Notes, Air Test Certificates, Survey Reports, and any other documentation will only be issued upon receipt of payment.

An abortive site visit where we are unable to gain access to the premises or commence work safely for reasons beyond our control will result in the client being liable for the full cost of the project as per the accepted quotation, including taxes and any additional charges incurred by us.

Interest on overdue invoices shall accrue from the date when payment becomes due and from day to day until the date of payment at a rate 8% above the Bank of England base rate, and shall accrue at such a rate after as well as before any judgment. We may claim interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.

 

The Services to be provided

The description of the Services shall be as set out in our agreed quotation. 

 

Variations from the Original Quotation

All variations from the original agreed quotation of Services to be provided must be agreed in writing prior to commencement. The variations will then be costed, and itemised and prepared for invoicing as part of the final payment required.

 

Standard of Providing the Services

Once the parties have entered into a legally binding contract, we will normally start providing the Services to you using the Materials straight away or on a date agreed between us without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.

The Services that are provided in the removal of Asbestos are done so in accordance with current legislation. We ensure that we, and our associate sub-contractors are compliant with the following statutory Regulations, Codes of Practice and Guidance Information:

• The CDM Regulations 2015
• Control of Asbestos Regulations 2012
• Control of Waste Regulations 2012
• Hazardous Waste Regulations 2005
• Health & Safety at Work Act 1974
• Control of Substances Hazardous to Health Regulations 2002 (amended 2004) (COSHH)
• HSG 247 Asbestos: The Licensed Contractors' Guide
• HSG 248 Asbestos: The Analyst Guide to Sampling Analysis and Clearance Procedures
• HSG 53 Respiratory Protection at Work – Practical Guide 3rd Edition
• L143 Control of Asbestos Regulations 2012 Managing and Working with Asbestos (Second Edition)
• HSG 213.Introduction to Asbestos Essentials
• HSG 264 Asbestos: The Survey Guide

 

We will ensure a safe system of work to ensure that asbestos survey and removal works are carried out in accordance with current legislation and guidance notes; and without endangering the health and safety of any persons directly or indirectly concerned with the work and any others who may be affected by the works being undertaken.

A Supervisor or Lead Surveyor will always be on site during the performance of Services by us. Any queries, issues or general observations should in the first instance be raised with them.

Further correspondence can be undertaken with the Managing Director at RG Environmental by email: info@rgenvironmental.co.uk

 

Providing the Services

We aim to provide the Services by the dates and times we either agree with you or notify to you. Notwithstanding this we cannot guarantee or provide a firm commitment that:

We will start performing the Services by a specified date or time; or
we will complete the performance of all the Services by any specified date or time; or
the performance by any individual part of the Services will be completed by a specified date or time; or
the Services provided will also be subject to other works completing to agreed timescales.

 

Limitation of Liability

If any part of the Services is performed negligently or in breach of the provisions of this contract then, on your request, we will carry out such work to rectify any damage caused and/or re-perform the relevant part of the Services or offer a sum by way of compensation.

Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Price you have paid us. 

Except to the extent permitted 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 negligence or breach of the contract on our part and we shall have no liability to pay any money to you by way of compensation other than to refund to you the Price you have paid to us.

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.

 

Situations or events beyond our control

There are certain situations or events which occur which are not within our reasonable control (some examples are given in the next numbered paragraph). Where one of these occurs, we will normally attempt to recommence performing the

Services as soon the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.

The following are examples of events or situations which are not within in our reasonable control:

• where weather conditions make it impossible or unsafe for us to perform any of the Services;
• if Materials that are ordered are not delivered on the date or time agreed with the supplier of the Materials (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier);
• where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different Materials);
• where we have to wait for other providers of services (who have been engaged by you) to com-plete their work before we are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);
• where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;
• where the areas in the Premises have not be readied by you as we and you have agreed in order for us to perform the Services;
• for other some unforeseen or unavoidable event or situation which is beyond our control.

 

If the delay in us recommencing performing the Services will be excessive then we will offer you the option of either:

• continuing to wait until we are able to recommence performing the Services. If you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required until we are able to recommence performing the Services; or
• allowing you to cancel the contract. If you choose this option, then you will either only have to pay for any Services we have performed up to the date of cancellation and for any Materials for which we have a legal obligation to pay. If you have made payment(s) to us in excess of the number of Services we have performed or Materials we have purchased, we will return the difference to you within 14 days of cancellation.

 

Sub-contracting

We may sub-contract or delegate some or all of the performance of the Services to qualified individuals or companies vetted and approved by us, but we will still continue to be responsible for the performance of the Services and our obligations under this contract.

 

Guarantee

We guarantee that an acknowledgement will be issued for the removal and safe disposal of Asbestos. All services provided by us are governed by legislation and codes of conduct laid out in the section “Standard of Providing the Services”.