Derwent Safety Centre Ltd
1. Our aim
Derwent Safety Centre Ltd (trading as DSC & Associates) will endeavour to provide our Clients with relevant and suitable Health and Safety advice in a personal and professional manner.
2. Definitions
a) Client : is defined as the entity or person who has requested and/or contracted Derwent Safety Centre Ltd to supply a service.
b) Consultant : is Derwent Safety Centre Ltd (trading as DSC & Associates).
c) Report(s) : generic risk and COSHH assessment, method statements, project or task specific risk assessments and method statements, construction phase plans (including traffic management plans), project inductions, site inspections and audits.
d) Agreement : the agreed arrangements between the Client and the Consultant.
3. Charges and expenses
Our charges and expenses will be calculated by either:
a) a set figure quoted for an agreed amount of work calculated on the level of input required by the Client to ensure a satisfactory outcome;
or
b) reference to the time actually spent by the consultant and other Derwent Safety Centre staff in respect of any work undertaken on behalf of the Client. This will include attendance at meetings, the perusal and work on existing documents, the preparation of new documents, correspondence, travelling time and travel expenses.
Our fees will be as per the agreement.
4. Payment arrangements
The invoices of the Consultant become due upon receipt.
All charges are subject to Value Added Tax notwithstanding any exempt goods.
The Consultant reserves the right to levy a late payment surcharge on any outstanding invoices not settled within 30 days at an amount of at least a rate of 8% over and above the prevailing base rate at Barclays Bank plc together with all reasonably and associated costs incurred, in the collection of any late payments/debts due by the Client to the Consultant.
The Consultant reserves the right and will suspend further service provision where it believes payment(s) to be unduly delayed. The Client will be notified in writing whereby the Consultant intends to withhold services.
Any claim or dispute by the Client as to the level of service or the amount(s) invoiced needs to be brought to the attention the Consultant within ten days of the Report provided or following receipt of any invoice.
The Consultant will not accept any claim for damage to goods delivered unless notified immediately upon receipt. Where goods are required to be insured or logged during delivery and acceptance, special cover will be arranged with The Post Office or couriers and charges levied accordingly.
5. Communication between you and us
Our aim is to offer all our clients an efficient and effective service at all times. Should there be any aspect of our service with which you are unhappy, please raise your concerns in writing to Mrs A Skinner or e-mail admin@derwentsafetycentre.co.uk .
6. Provision of reports
6.1. Notwithstanding any other provision of this agreement, neither party’s liability under or in connection with this agreement shall be excluded or limited to the extent that such exclusion or limitation is not otherwise permitted by law.
Subject to this, the Consultant will not be liable to you for any direct loss including loss or profit or contracts or any indirect or consequential loss including without limitation economic loss, loss of turnover, business or goodwill arising under or in connection with the agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise; and the total liability of the Consultant to you in respect of all other losses arising under or in connection with the agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed an amount equal to the annual fees payable by you under the contract in relation to the Services giving rise to the liability. This limitation of the Consultant’s liability will survive termination of the agreement.
6.2. Where the Consultant provides Reports, whether specific or generic, then it is the sole responsibility of the Client/user of the document to ensure that the document is suitable and sufficient to control the works or tasks which they are undertaking or for which they are responsible. The Consultant cannot guarantee that every activity undertaken will be legally compliant as the Consultant may not have the information in all circumstances to identify all possible hazards and even where the hazards may be the same, the control measures adopted by the Client for whom the Client is responsible may be different from those specified in the Reports or associated documents to meet the particular conditions of the relevant workplace.
6.3. It is the Client’s responsibility to ensure controls are implemented and that Reports provided by the Consultant are sufficient to cover activities undertaken by personnel under their control and the control measures are suitable and sufficient.
6.4. Where generic documents have been provided by the Consultant to the Client they are compiled to cover the core activities or higher risk operations undertaken by the Client. The Client will need to amend them accordingly to suit conditions/activities encountered on each project and further develop safe systems/method statements as required. It is the Client’s responsibility to identify and manage any specific hazards or circumstances not covered by the Reports/guides supplied.
6.5. The Client should be aware and remember that any risk assessment and/or safe system of work such as a method statement will only be effective if the Client and its workforce or other people for whom it is responsible act upon it. The Client must follow through with any actions required and review it on a regular basis.
6.6. Reports, with the exception of site safety reports recorded on NCR forms, will be provided in an electronic industry recognised standard format, secured with password protection to prevent alteration by unauthorised persons, unless paper copies or other formats have been agreed prior to work commencing.
7. Terms and conditions
The Consultant’s terms supersede and override any and all contractual terms and conditions of the other party howsoever and whenever communicated.