D. Sankey Limited - Terms & Conditions of Business
1.1 ‘The company’ means D Sankey Limited.
1.2 ‘The client’ means the person or business to which D Sankey Limited has agreed to supply a service in accordance with these terms & conditions of business
2.1 The company shall undertake the surveys, services or works in a courteous and prompt manner.
2.2 The client shall provide access for the company surveyors and technicians to carry out its services at the agreed time and date.
2.3 The company reserves the right to charge, by the hour, for any wasted journeys due to failure to observe appointments, delays in carrying out the work or cancellations as a result of the clients failure to allow access, facilitate the works or provide proper instruction.
3.1 The company’s reports are based on an inspection of the property by the company’s surveyor. The report will state the surveyor’s opinion on the condition of the property relating to woodworm, fungal attack, dampness, insect infestations, rodent and/or bird problems.
3.2 The report will seek to identify any major defects and/or essential treatments necessary to prolong the useful life of the structure, eliminate or reduce vermin and assist the client to come to an informed decision about the property. The report will not comment on the structural integrity or suitability of the property.
3.3 The surveyor will carry out such inspections and investigations as are in their professional judgement appropriate or possible in the particular circumstances.
3.4 The surveyor will inspect as much of the structure as is practical and lift loose floorboards, trap doors, rugs, loose carpet, etc. the surveyor will not lift fitted carpet, move heavy furniture or remove fixtures or fittings to facilitate inspection. Nor will household effects or other stored items within a property be moved.
3.5 Except where the contrary is stated, it is impossible to examine every part of the property as inevitably some areas will be covered, unexposed or inaccessible. The survey will not attempt to express an opinion or to advise upon these parts not inspected and the report should not be taken as making any implied representations or statements about such parts.
3.6 The surveyor will try to identify any areas which would normally be inspected but which he was unable due to lack of suitable access or similar. If necessary the surveyor will indicate where he considers that access should be obtained or formed and will advise on possible or probable defects based on the evidence he has been able to see from elsewhere in the structure.
3.7 The report will be confidential to the named client(s) for the specific purpose to which it refers. While it may be disclosed to the client’s professional advisers, it shall not be disclosed to any other person nor reproduced in part or whole without the written consent of the company.
4.0 Force Majeure
4.1 If circumstances reasonably beyond the company’s control cause delays or prevent any service being carried out in accordance with the survey or contract, then the company shall be excused the punctual performance of the services, which may then have to be rescheduled for a future date.
5.1 For clients who do not have a signed contract, service agreement or account, the company operates a policy of collection of payment on completion of the works. For clients who have a contract or service agreement, the company has a policy of payment within 30 days. The client shall not be entitled to withhold payments of monies due by reason of any claim or counterclaim it may have or alleges to have against the company or otherwise which is not related to the service.
5.2 Should the company be unable to execute the requested works due to reasons beyond the company’s control, the company reserves the right to charge for the abortive visit.
5.3 Payment of the company’s invoices shall not be conditional on Purchase Order numbers being allocated by the client.
5.4 Late payment of the company’s invoices may lead to your service being terminated or suspended without further notification.
5.5 Repeated failure to pay overdue invoices may require the company to engage a dept collection agency, solicitor to recover the outstanding dept. We shall be entitled to charge an administration fee in addition to any legal fees for which you will be liable.
5.6 The company will also be entitles to recover from the client interest on the overdue amount at 3% above Bank of England base rate calculated daily from the date the invoice became overdue to payment is made irrespective if a court judgement.
6.0 Health & Safety
6.1 The client shall take all reasonable precautions necessary to protect the health and safety of persons using the premises and any material or equipment contained within.
6.2 On commencement of any works, the company will undertake a site survey and risk assessment. If the situation effecting the risk assessment should change, it is the client’s responsibility to inform the company immediately.
6.3 The client must observe and/or comply with any health and safety precautions and requirements as made by the company employees during the undertaking of the works, particularly regarding exclusion and re-entry into treated areas.
7.1 No variation, extension, exclusion or cancellation of any agreement will be binding unless authorised by the company in writing.
8.1 If you are a domestic client and wish to cancel the contract between the company and yourself, you must do so in writing within 7 days of the start of the contract and personally deliver or send to D Sankey Limited, Unit 7 Riverside, Bellbrook Business Park, Uckfield, East Sussex, TN22 1QQ, or email email@example.com
8.2 The cancellation should take the following form
‘I/we (delete as appropriate) hereby give notice that I/we (delete as appropriate) wish to cancel my/our (delete as appropriate) contract.
Signed:........................................................ Name and Address:………………………………………………………………… ……..………………………..........................................................Date: .............................. Ref No…………………………..
Notwithstanding the above, if you have instructed our serviceman to proceed with the initial treatment associated with this contract and the contract is then terminated, the cost of the materials and labour will still be charged.
8.3 Unless a signed contractual service agreement is in place, all clients are required to give a minimum notice of 72 hours or more prior to termination of an order.
8.4 Contracts may be terminated at the end of the first year period or subsequent quarter period by giving written notice one full quarter in advance to the company.
8.5 Notwithstanding item 8.5 above, a contract with the company cannot be cancelled while monies are outstanding and the account relating to the contract is in arrears.
8.6 If, at the commencement of the contract, the contract is instigated by a business, this contract will be deemed to continue (unless cancelled after a year with a full quarters notice) regardless of whether the business should be sold, acquired or managed by a third party.
9.0 General Agreement
9.1 This agreement constitutes the entire agreement between the client and the company.
9.2 The client shall not be entitled to rely or to seek to rely upon any statement, warranty or representation made by or on behalf of the company to the extent that such representation is inconsistent with these terms and conditions.
9.3 All work for the service will be subject to these terms and conditions which shall prevail over any inconsistent terms which may appear on the clients enquiry, order or other documents received by the company from the client or which may be implied by law or trade, custom, practice or a course of dealing between the parties, all of which are hereby expressly excluded. All orders are accepted and executed on the understanding that the client is bound by these conditions.
9.4 If any term or provision in this agreement is or shall become in whole or in part, illegal, invalid or unenforceable, the legality, validity and enforceability of the remainder of the agreement shall not be affected or impaired.
Nothing in this agreement affects the statutory rights of the consumer. Subject hereto all representations, warranties, guarantees and conditions expressed or implied, statutory or otherwise are expressly excluded and D Sankey Limited does not accept liability for loss, damage, or injury howsoever arising save as specified in this clause below:
10.1 Personal injury or death which is a direct result of the company’s negligence in the course of carrying out the services.
10.2 Replacement or (at the company’s option) repair of any fixtures or fittings significantly damaged as a result of the company’s activities.
10.3 The client shall not be entitled to make any claim against the company or its employees unless they give written notice of the event giving rise to such claim, containing sufficient information for it to be investigated by the company within 28 days of the date on which the client becomes or ought reasonably to have become aware of the occurrence of such event.
10.4 The company shall in no circumstances have any liability for:
(i) any loss of profit, use or business interruption.
(ii) economic or consequential loss or damage.
(iii) loss, damage or expense caused by or arising in connection with any insect, rodent, bird or any other pest in respect of which
we provide the service to the client.
11.0 Conditions of Woodworm or Damp Guarantee
11.1 The company hereby guarantees that in the event of the person entitled to the benefit of the guarantee notifying the company in writing within a period of twenty years from the date of completion of the work of:
(i) any continuance or recurrence of infestation by wood-boring beetle or attack by wood rotting fungi, in any of the timbers treated against such beetles or fungi respectively in the work carried out, or;
(ii) any recurrence of damp rising from the ground in any of the walls in which an installation for the cure of such damp was provided by the company, the company, upon production of this guarantee and all original relevant survey reports, quotations, specifications, drawings, plans and receipted invoices, with any amendments thereto issued by the company (photocopies will not be accepted), will arrange for these timbers or walls to be inspected at a mutually convenient time upon payment by such person of the company's then current inspection fee, provided that the continuance or recurrence complained of is of a kind against which the company carried out treatment in the area in which such continuance or recurrence has taken place.
11.2 If upon such inspection it appears to the company that the treatment carried out by the company was in any way defective so as to have resulted in the matters complained of, the company will carry out, without further charge, such further work as shall to the company appear to be necessary to remedy such defects and will reimburse in full the inspection fee paid.
11.3 The guarantee does not cover any loss (including consequential loss see 11.9 below) or damage sustained by the person entitled to the benefit of the guarantee save as set out in 11.2 above, whether caused by the company's negligence or otherwise.
11.4 The guarantee shall be of no validity or effect and shall be unenforceable against the company in any one or more of the following circumstances:
(i) Where the person entitled to the benefit of the guarantee does not give written notice of the claim under the guarantee to be received by the company within three months from the date upon which the existence of such a claim could, with the exercise of reasonable diligence by a continuous occupier of the affected premises, have been discovered;
(ii) Where all associated building works advised or recommended by the company prior to, at the time of, or subsequent to, treatment carried out by the company were not fully carried out effectively with good and proper materials and in a workmanlike manner by the client's contractor, within 12 weeks of the said advice or recommendation proof of which shall be by dated specifications and receipted invoices of the clients contractor;
(iii) Where the client failed to pay the full price of the contract and any properly payable additional costs and any interest due within six months of the date upon which the same fell due;
(iv) Where the property has not been kept in a good and proper state of maintenance including, by way of example only, maintenance of rain water goods and disposal systems, soil and waste disposal, hot and cold water systems, internal and external ground levels relative to damp-proofing courses and internal floor levels, adequate subfloor through ventilation and general structure of the property;
(v) Where the moisture content in any timber treated by the company has been allowed to exceed 20% at any time subsequent to the treatment by the company;
(vi) Where any recommendation given by the company has not been complied with whether such recommendation was given in the company's report/quotation, by separate leaflets or orally during the treatment or otherwise, relating to re-plastering and rendering specifications or any details which is the client's responsibility;
(vii) Where, subsequent to the completion of treatment by the company, there has been any disturbance to the works carried out by the company, whether by way of attempted repairs, structural alterations, settlement of the building or otherwise.
11.5 In the event of the disposal of the property, being the subject of the guarantee, the guarantee shall be assignable by the client above named, to the new owner, in which case hereof set out in 11.1 to 11.4 above shall apply in respect of that new owner as if the name of that new owner were substituted for any reference to the client providing that, within three calendar months of the change of ownership of the property, the new owner shall have:-
(i) Given notice of the change to the company;
(ii) Paid the company’s then current transfer fee; and
(iii) Permitted the companies surveyor to inspect the property (so as to discover any defects which might prejudice the works carried out by the company) if the company so requires. NB. It is the responsibility of the client to pass over all the original documents that the new owner may require in the event of a claim arising.
11.6 For the purpose of the guarantee and the contracts (rights of third parties act 1999), the person entitled to the benefit of the rights conferred by the guarantee shall be the client, or the new owner to whom the guarantee is assigned subject to 11.5 above (“the relevant third party”), provided always that the relevant third party agrees that it will be bound by any previous acts, omissions or default of the client or any previous relevant third party.
11.7 The company shall be entitled in any action or proceedings by any relevant third party to rely on any term in the guarantee and to raise any equivalent rights in defence of liability as it would have against the client or any previous relevant third party. Furthermore, the relevant third party agrees that it will be bound by any previous acts, omissions or default of the client or any previous relevant third party.
11.8 For the avoidance of doubt, the client and each subsequent relevant third party acknowledges and agrees that when it is no longer the owner for the time being of the property, it shall no longer be entitled to the benefit of the rights conferred by this guarantee and that furthermore, neither the client, nor any relevant third party shall be entitled to assign or transfer its rights and/or obligations under the guarantee.
11.9 All consequential losses are excluded from the guarantee, and for the purposes of the guarantee consequential loss means any indirect, special or consequential damages or losses suffered or incurred by the guarantee holder and for the purposes of the guarantee indirect, special or consequential damages or losses shall include, but not be limited to damages to or losses of data, furniture or equipment, economic loss or damage, damage to or loss of profits, interest, business revenue, anticipated savings, business or goodwill, any losses costs or expenses which are not directly incurred by the guarantee holder wholly in respect of or which are additional to the remedial work for which indemnity is provided by this guarantee, the costs and expenses of any redecoration, repainting or retiling work, the costs and expenses of removing and/or replacing any cupboards, carpets or other furniture, or any other fixtures or fittings and the incurring of liability for losses or damages of any nature whatsoever suffered by third parties (including in each case incidental and/or punitive damages), even if the company is advised in advance of the possibility of any such losses and/or damages;
11.10 In the event of the client wishing to make a claim under a guarantee, a fee (at the rate prevailing at the time of the claim) is payable and the following original documents must be produced:
(i) Report(s), estimate and any drawings or plans relating to it;
(ii) Receipted invoice or proof of payment;
(iii) The guarantee.
If the claim is justified, your payment will be returned in full. If your claim cannot be processed due to incomplete documentation or you decide not to pursue your claim, then an administration fee (at the rate prevailing at the time of the claim) will be deducted and the balance will be refunded.
11.11 In the event of a dispute arising under a guarantee as to the amount to be paid or the work to be performed the dispute may by agreement between the parties be referred for determination by an expert chosen by mutual agreement between the parties.
12.0 Conditions of Remedial Treatments
12.1 Written or verbal acceptance of the quotation recognises that the report specification and recommendations form part of the contract. We reserve the right to:
(i) Charge for any additional works for which the client gives either written or verbal instructions which necessitate a variation in the works;
(ii) Make any variation in the method of working or alter the specification or materials used;
(iii) Omit or alter any parts of the works which proves on exposing the structure to be impractical.
12.2 The client shall make available, free of charge, a suitable supply of power and water. Reasonable access shall be made for the delivery of materials and on-site welfare facilities.
12.3 The company quotation is based on the working area being clear of all personal effects, furniture, fixtures, fittings, floor coverings, etc. where the company operatives have to remove such items to perform their work, this shall be regarded as a chargeable item.
12.4 The client must make the company aware if they know or suspect asbestos is present in our working area.
12.5 The client shall insure that all pets, children, pregnant woman, vulnerable adults, the elderly or persons with allergies, respiratory or heart complaints and other contractors are excluded from the treatment area until deemed safe to return. All valuable or delicate items or items that may be sensitive to exposure to moisture or dust should also be removed from the treatment area by the client before work commence.
12.6 The client must ensure that the structure and all services and installations within the treatment area are stable, safe, earthed and in good working order before commencement of work. The company can accept no responsibility for any pre-existing damage, condition or weakness of a structure or system that is exposed by our work.
12.7 The company should be informed of the location of any hidden cables or pipes before commencement of works.
12.8 Although every reasonable care is taken, the company shall not be held responsible for any over-spraying, leakage, spillage, staining or damage to ceilings or decorative surfaces during or after the works.
12.9 When treating fungal treatment, it is difficult to ascertain the full extent of the attack if the adjacent structure has not been exposed. The company’s estimate is based on the visible evidence at the time of the survey. However, the full extent of the attack may spread beyond the visible evidence and additional works at extra cost may be required to complete the works. Any additional works will be discussed with the client before extra costs are incurred.
12.10 The estimate assumes that the underlying structure to be treated is brickwork in a stable, well-bonded condition. If the underlying structure proves not to be brickwork or the brickwork is defective and requires repairs this will be considered an additional cost.
12.11 Should the client or the clients contractors or sub-contractors delay these works to an extent that disadvantages the company, any loss shall be considered an additional cost.
12.12 While the majority of the products used for the treatment of woodworm, damp or fungal attack are water-based, some of the chemicals are flammable and until the solvents have dispersed, the client is advised that no sources of ignition are allowed in the vicinity.
12.13 Floor coverings should not be fitted until the treatment area is completely dry.
12.14 It is the client’s responsibility to inform the owner/occupiers of neighbouring, attached or adjoining properties of the nature, scope and limitations on re-entry to treated areas caused by these works, particularly in regards to treatment of party walls or common roofs or voids.
12.15 Full payment will be due on completion of these works. Any guarantee certificated will be dated from the completion of these works and issued on full settlement of the account. Late or non-payment of the account may result in the delay or withholding of the guarantee certificate.
12.16 Following a successful woodworm treatment of timbers, frass may be evident for a period of time depending on variables such as density, porosity, moisture content and dimensions. Also due to variations in their properties, some timbers can appear wetter or absorb the treatment and appear dryer than adjoining timbers. Therefore, the appearance of the timbers does not indicate the quality of the treatment. All treated timbers should return to their original colour over a period of time.
12.17 It is the responsibility of the client to inform the company of any listing, conservation or party wall restrictions that may apply to these works. Instructing the company indicates that the client has gained any permission necessary to proceed with these works.
13.0 Conditions of Pest Control Contract
13.1 A pest control contract with the company is binding for an initial period of twelve calendar months from the commencement date and will continue thereafter until terminated by either party.
13.2 By signing a contract with the company you are authorised and committed to enter into a contractual obligations
13.3 The client shall make the company aware of asbestos, protected species (such as bats) or any other limitations that may apply to the premises, grounds or neighbouring land (such as nature reserves, sssi’s, etc).
13.4 Access to the premises will be between 8am and 5pm weekdays unless otherwise agreed at the commencement of the contract. If prior permission, out-of-hours or weekend visits are required for access, this needs to be agreed at the commencement of the contract to prevent additional costs being incurred.
13.5 On commencement of a contract, the company will undertake a site survey and risk assessment. If the information effecting the risk assessment should change, please inform the company immediately.
13.6 While the company will always keep any preparation safely situated, it is also the responsibility of the client to keep children, vulnerable persons, pets or wildlife away from any preparations installed by the company. If carcasses or spilt rodenticides are found, the client will be responsible for removing them immediately to prevent any risk to humans, pets or non-target wildlife.
13.7 Under no circumstances should any of the preparations be moved or relocated once installed by the company.
13.8 Should the company think it necessary, any staff, children, vulnerable persons, pets or stock may needed to be removed from the treated areas during the course of our visit and remain out of the treated area until deemed safe to return by the company.
13.9 It is the responsibility of the client to make any third parties employed in the premises aware of preparations installed by the company, there inherent dangers and any limits placed on the property.
13.10 The client will be invoiced one quarter in advance. The invoice will be due for payment within 30days of the invoice date.
13.11 The contract may be terminated at the end of the first year period or subsequent quarter period by giving written notice one full quarter in advance to the company.
13.12 Notwithstanding item 13.11 above, a contract with the company cannot be cancelled while the account is in arrears.
13.13 If, at the commencement of the contract, the contract is instigated by a business, this contract will be deemed to continue (unless cancelled after a year with a full quarters notice) regardless of whether the business should be sold, acquired or managed by a third party.
13.14 When access is unavailable on a scheduled visits conducted under the agreed terms, such visits may be considered as fulfilling our contractual obligations. Repeated aborted visits due to lack of scheduled access can be no justify for non-payment of outstanding accounts or cancellation of the contract by the client.
13.15 Any additional free of charge call-outs required between routine visits may be withheld if money is outstanding on the account to the company.
14.0 Conditions of Bird Proofing Works
14.1 The company’s report is based on the visible evidence at the time of our survey. The report is given in good faith, without responsibility on our part & we do not accept liability for any claim of whatever nature arising out of the use of this report by parties other than the company.
14.2 Written or verbal acceptance of the quotation recognises that the report specification and recommendations form part of the contract and we reserve the right to;
(i) Charge for any additional works for which the client gives either written or verbal instructions, which necessitates a variation in the work.
(ii) Make any variation in the method of working or alter the specification or materials used.
(iii) Omit or alter any parts of the works which proves to be impractical or inaccessible.
14.3 Reasonable access is required for the delivery of materials to the site and facilities for the execution of the works shall be provided as necessary. The client shall make available free of charge a suitable supply of water and electricity.
14.4 The company will endeavour to start and complete these works as agreed. However, these works may be delayed or postponed due to stress of weather. The company reserve the right to halt works if we think weather conditions may endanger our staff, other contractors, our client or members of the public.
14.5 Where access such as scaffolding is arranged by the client, any modification required to undertake the proposed works or delay in removing the access equipment due to our works or due to stress of weather, etc will be at the client’s expense.
14.6 The company will not be held responsible for birds displaced by the proposed works that may relocate to any other part of the premises which we did not survey, neighbouring properties, etc.
14.7 Should the access equipment specified be inadequate to reach the required areas, the company reserve the right to altar the access equipment and, if necessary, charge accordingly.
14.8 While every care is taken when working on the structure, the company accepts no responsibility for pre-existing damaged or weakness in the structure or any systems that is exposed by the company’s works.
14.9 The working area must remain free of the client, staff, contractors, sub contractors or anyone other than the company’s personnel during these works. Should the client, contractors or sub contractors employed by the client delay the works, any loss shall be considered as an additional cost.
14.10 The company’s report and quotation assumes that the structure is in a stable, well-bonded and suitable condition. Should the construction encountered prove to be defective during the course of our proposed works, all changes to the quotation such as necessary repairs shall be considered as an additional cost.
14.11 It is the client’s responsibility to inform the owners or occupiers of adjoining properties of the nature and extent of the proposed works particularly in regards of works to party walls. Instructions to proceed with the works indicate that client have gained any permissions necessary from adjoining property owners, leases or tenants
14.12 It is the responsibility of the client to supply written information to the company of any listing or conservation restrictions that may apply to works detailed in the report or quotation. Instructions to proceed with these works indicate that client have gained any permissions necessary from all listing, conservation or other authorities required to undertake the works legally.
14.13 The company cannot be held responsible for entrapment of birds caused by;
(i) Third parties damage to the proofing method.
(ii) Access into the proofed area (by door, window, etc) being left open by any third party.
(iii) Damage or failure of the proofing methods by extremes of weather or failure caused by damaged to the structure.
(iv) Excessive ware of the proofing method (net) due to lack of maintenance or failure of the fittings.
(v) Entrapment to the outer face of the proofing method.
14.14 The company reserve the right to make additional charges for equipment hire and redundant time incurred by the company caused by;
(i) Delays by third parties, such as other contractors preventing completion of our works
(ii) Disputes over site access with third parties or to alterations to scaffolding, etc.
(iii) Delays due to stress of weather.
14.15 Any bird debris, rubbish, material, etc removed from the client’s premises remains their property until full and final settlement of the invoice relating to the works.
15.0 Terms and Conditions for Website Usage
15.3 The content of the pages of this website is for your general information and use only and may be subject to change without notice.
15.5 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
15.6 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
15.7 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
15.8 All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
15.9 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
15.10 From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
15.11 Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
Unit 7, Riverside, Bellbrook Business Park, Uckfield, East Sussex, TN22 1QQ.