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Safe Environment (UK) Ltd, ‘Safe Environment’ – Terms of Business

Terms and Conditions

1. ACCEPTANCE OF TERMS – The clients (“the client”, “you”, the person requesting, receiving or accepting Safe Environment, Safe Environment (UK) Ltd’s quotation) placement of purchase orders/written instruction/online instruction submission/quotation approval or verbal agreement with Safe Environment or Safe Environment (UK) Ltd  (“the company”, “us”, “we”, “our” or “ours”) will deem acceptance of these terms and conditions, at which point our terms and conditions will overrule any previously issued client terms or other agreements.

2. CREDIT TERMS/INVOICES/PAYMENTS – New customers of the company, will be subject to a credit reference check before terms can be agreed.

Without any prior written credit application or agreement, or where a deposit is required, or for domestic/individual clients, full balance payment is required/due immediately on the client’s receipt of our invoice. All disputes/queries with regards to invoices must be made within 14 days of receipt of our invoice.

Where a formal credit agreement is in place signed by a director of the company, on contracts with duration of LESS than 4 weeks, full payment of our invoice, without any deduction for retention, must be made by you within 30 days of the date of the invoice unless stated otherwise or agreed in writing between both Parties. On Contracts with duration of MORE than 4 weeks, interim invoices will be raised at the end of each calendar month and payment in full, without deduction for retention, must be made within 30 days of the date of the interim invoice. If these terms are exceeded we reserve the right, at our discretion, to charge interest under Commercial Debts (interest) Act 1998 at a rate of 8% per annum on overdue amounts and recover any costs incurred in obtaining payment of monies due to us. Our quotations are exclusive of VAT.

3. DEPOSITS – Where a deposit is required and paid by the client to the company this is explicitly non-refundable whether the project is cancelled, delayed or otherwise for any given reason. This deposit secures the agreed start date for works.

4. CONTINUITY OF WORKS – Our quotations are based upon our being given/having reasonable continuity of work on site, should site conditions dictate otherwise, we reserve the right to review our prices. No allowances have been made to remove/inspect any ACM not identified within any documentation provided. It is the client’s responsibility to identify the material type to be worked upon along with the asbestos content.

5. QUOTATION VALIDITY – Our quotation will remain ‘Fixed’ for a period of 30 days, subject to any Government increases and will remain open for acceptance for 30 days.

6. APPOINTMENT SCHEDULING & CANCELLATION – Once the client instructs works, the company reserves the right to charge the client for any planning of works which have been undertaken or any loss of revenue prior to the cancellation. When the clients instruction has been received by us we will then provide the client with a date for the works to take place which will be issued via e-mail, telephone call or text message depending on the details provided by the client. Should the client not raise any query of the provided date/time of the planned works within 3 working days of the notification being issued by us, it will be deemed as accepted by the client. If a contract or associated appointment (as provided by us) is cancelled by the client either verbally or in writing/e-mail less than 11 working days but greater than 5 working days of the provided site commencement (survey, inspection, sampling, consultancy, licensed, non-notifiable or notifiable-non-licensed works, or demolition or trade related reinstatement works), we shall levy a charge equivalent to the charge for the first 1 days labour or total planned duration of the works, whichever is the shorter to compensate for unproductive time/use of operatives, plant and materials.

Where a contract or associated appointment (as provided by us) is cancelled by the client within 5 working days of provided site commencement date/time (asbestos survey, inspection, sampling, consultancy, licensed, non-notifiable or notifiable-non-licensed asbestos removal works, or demolition or trade related reinstatement works), we shall levy a charge equivalent to the charge for 1st 3 days labour or total planned duration of the works, whichever is the shorter, travel, subsistence and equipment to compensate for unproductive time/use of operatives, plant and materials.

In addition to this, where a contract is cancelled by the client within 13 days of site commencement of licensed asbestos removal works, we shall levy a standard £450.00 + Vat charge to compensate for lost contract management time during the statutory ASB5 notification process.

7. DISBURSEMENTS – Independent analytical works are booked at the time of receipt of orders, if for any reason there is a need for you to cancel / re-arrange the date of the works or access is not provided, we reserve the right to counter-charge the full cost of the analytical works if we are unable to avoid any such charges being levied on us by the analytical subcontractor.

8. DOCUMENTATION/RECORDS – No method statements / risk assessments will be drawn or works confirmed/planned, or notifications submitted to the HSE if we are not in receipt of official, written purchase order confirmation from an authorised person. Placement of orders deem acceptance of these Terms of Business and terms associated with our estimate document. No retentions on any contracts. Completion certificates, reports, waste consignment notes and any other documentation produced on completion of works will not be issued until full and final payment of our invoice(s) relating to the project is received. We reserve the right under our mutual contract and legitimate interest to take photographs/videos within/surrounding the work areas within your property for the purposes of evidencing the existing condition of materials, completion, quality and internal auditing. Such digital records will avoid individuals (other than our staff) and any personal data/information and will be stored securely and processed inline with GDPR requirements and not shared with others.

9. CLIENT PROVISIONS – Unless otherwise detailed our estimates exclude the following:

  • Provision of 240v/110v power
  • Provision of water – hose or tap
  • Permits to site all necessary work vehicles/decontamination units and equipment
  • The provision of independent UKAS accredited analyst to carry out the required analytical works
  • The remediation/inspection of any ACM’s not specifically referenced within this proposal
  • Provision of access equipment (other than stepladders)
  • Any equipment/services required to provide unhindered access into the premises to be worked upon
  • Provision of clear and safe access including vehicular and on foot to the site/area to be worked upon including ensuring no dangerous occupants/animals, sharps/needles, stinging insects/nests, prohibiting wildlife or unsafe floors/surfaces.
  • No allowance has been made for any re-instatement/make good works unless specifically itemised within this quotation.
  • Site security will be the responsibility of the client.
  • Access equipment/hired in plant – where access equipment/other equipment is required this will be itemised on your quote and delivered by one of our hire partners to your works address.  You will be responsible for the equipment whilst it is at your/the site address and our staff are not on site including any damage/theft/loss. The equipment will be usually be delivered within one week of the planned commencement of works and within one or two weeks of completion. Please ensure it is safely and securely stored.
  • Adjoining/adjacent property – in order to remove materials which adjoin/abut neighbours property the client will ensure arrangements are in place with the neighbours in order for us to access their property in order to ensure complete and safe removal of the materials.

10. DAMAGE TO SURFACES/DECORATION/FURNISHINGS/PROPERTY – To ensure adequate control measures during works we may be required to “fix” to existing surfaces i.e. walls, ceiling etc. although all due care will be taken we cannot be held responsible for damage to decorations, surfaces, carpets, furnishings or fittings due to our needs to segregate working areas. The nature of our work (being controlled, soft-strip demolition) will also likely cause some minor damage to surfaces, carpets, decorations, furnishings and fittings in areas of the building to be worked upon and surrounding areas/transit/waste routes and we therefore cannot be held responsible for any such damage, although this will be kept to a minimum. Any such carpets/furnishings/fixtures and fittings should therefore be removed by the client prior to commencement of our works. We cannot guarantee complete removal of any asbestos containing adhesive / bitumen from any surface unless specifically stated otherwise.

Where we are requested to remove asbestos cement sheeting or other materials which overlap/adjoin a neighbouring property or where materials breach the boundary it is the client’s sole responsibility to ensure that arrangements have been made with the neighbour for any possible eventualities which could result in damage or disturbance to their element of the material for example, but not limited to, where an asbestos flue passes through into a neighbours roof void or where an asbestos cement sheet does not finish inline with the boundary of the client’s property and overlaps we can potentially either remove up to the last whole piece of asbestos material on the client’s side leaving some asbestos in situ, remove the next whole piece leaving an opening in the neighbours roof/gap in pipework or attempt to break the element (cutting is illegal and dangerous however clean breaks are also difficult) as close to the boundary line as possible. Any associated damage or loss caused by the works to the neighbouring property will be the sole responsibility of the client. In order to remove this risk for the client it would be prudent for the client to organise removal of all attached/adjoined/abutted sheets with neighbours to be completed simultaneously.

11. SOIL – Sub floor ducts/soil based areas – The company’s quotation have been based on removal of any ACM identified on top of the soil base to a maximum of 20mm only, and depth beyond this will be charged on a pro-rata basis and is subject to prior, additional contract/agreement.

12. MEASUREMENTS – measurements have been provided to us and used as a basis for quotation, we reserve the right to re-measure and adjust our pricing on a pro-rata basis.

13. ACCESS EQUIPMENT – Suitable, regulatory and HSE guidance compliant, safe access equipment will be provided by the client unless specifically stated by us. Scaffolding forming part of an asbestos removal enclosure, must be supplied and erected by a licensed asbestos scaffolding contractor. No allowance has been made for this within this quotation unless specifically itemised.

14. CLIENT SITE CONDITIONS ASSESSMENT & MATERIAL TYPES – The company’s quotations are based upon completing works in accordance with the scope of works detailed above and our agreed plan of work. Should it prove necessary to amend the plan of work due to any change in site conditions, we reserve the right to review our prices. In the event of an abortive visit, Safe Environment (UK) Ltd shall levy a standard charge to compensate for unproductive time/use of plant and materials.

14(a). Textured coating (‘Artex’) Removal.

Where we are contracted to remove textured coatings from masonry, block, brick or concrete walls our quotation/contract is based on removal via removal of the plaster substrate as required, along with the textured coating via manual and/or mechanical methods. Where upon attending or assessing it is identified that there is insufficient plaster substrate (i.e. a depth of less then 5mm) or none at all, our methodology will require adaptation and will require additional materials and labour. We therefore reserve the right to adjust our quotation accordingly. Any items/fixtures/fittings/services affixed to, adjacent to or beneath any textured surface to be removed should be isolated and/or removed prior to our attendance in order to ensure the safety of our staff and to prevent damage to said items.

14(b). Asbestos Material Types & Garage Structures

We do not accept responsibility for any loss/costs incurred by the client, or issues arising as a result of the the client’s lack of information relating to the material type/asbestos content. This material type will be assumed by us based on the client’s information and will be detailed in our quotation. Should we attend and find that the material quoted for, and instructed by the client, is different to the material identified on site (e.g. if we quote to remove asbestos cement panelling and this is identified by our technicians as being asbestos insulating board (AIB) on our attendance), the works may have to be aborted and the cancellation fees detailed below in section ‘6. CANCELLATION’, will be applicable. If any material worked upon is subsequently identified to contain no asbestos, again this is the client’s responsibility and no liability for any losses/costs incurred as a result of this this will be accepted by us.

Within our quotation to remove a ‘garage base’, ‘base’, ‘concrete base’, ‘garage pad’ or ‘concrete pad’ we allow for non ‘steel reinforced’ or non ‘re-bar’ fine aggregate concrete material only to a maximum depth of 200mm from the underside of the timber frame of the structure to be removed/demolished. This measure of 200mm is a maximum and we do not include any recompense for any lesser depth of material. We do not include for removal or disposal of any sub frame, hardcore, earth or otherwise.

Where we agree to remove an ‘asbestos cement garage’ this is deemed to be constructed from a timber/wooden frame with asbestos cement performed panelling applied to this. If the frame is made up of any other material such as steel, concrete etc Safe Environment reserve the right to increase their quotation accordingly & reasonably inline with the additional expenses incurred.

 

15. Asbestos Surveys, Sampling, Inspection/Consultancy – Specific terms

Every effort is made to identify all asbestos materials so far as was reasonably practical to do so within the scope of any survey agreed with the Client.

The Company cannot be held responsible for any damage caused as part of the survey. Due to the nature and necessity of sampling for asbestos, some damage is unavoidable and it will be limited to just that necessary for the taking of the sample.

The survey will be carried out in accordance with the company’s internal quality procedures which comply with HSG264. This will include the collection of information form the client pertaining to the site, layout, survey requirements and client induced limitations/requests. The company cannot take responsibility for any survey shortcomings, loss or damages resulting from incomplete or inaccurate information provided by the client. This includes insufficient property floor plans failing to highlight areas then not covered by the survey/inspection. Floor plans drawn up by the company’s surveyors/technicians/consultants cannot be deemed to be 100% accurate and are purely to serve as an indication of the location of asbestos containing materials and limitations specific to areas.

Survey techniques involve trained and experienced surveyors using the combined approach of visual examination and the necessary bulk sampling. It is always possible after a survey that asbestos containing materials of one sort or another may remain in the property or area covered by that survey and this could be due to various reasons, including the following:

  1. Asbestos materials existing within areas not specifically covered by the agreed survey/report are therefore outside the scope of the survey.
  2. Asbestos may well be hidden as part of the structure to a building and not visible until the structure is dismantled at a later date.
  3. Debris from previous asbestos removal projects may well be present in some areas; general asbestos debris does not form part of a survey unless specifically agreed. However, all good intentions are made for its discovery.
  4. Where an area has been previously stripped of asbestos i.e. plant rooms, ducts etc and new coverings added, it must be pointed out that asbestos removal techniques have improved steadily over the years since its introduction. Most notably would be the Control Asbestos at Work Regulations (1987) laying down certain enforceable guidelines. Asbestos removal prior to this regulation would not be of today’s standard and therefore debris may be present below new coverings.
  5. A survey will detail all areas accessed and all samples taken, where an area is not covered by the survey it will be due to access for one reason or other i.e. working operatives, sensitive location or just simply no access.
  6. Access for the survey may be restricted beyond the Company’s control, such as height, inconvenience to others
  7. immovable obstacles or confined space. Where electrical equipment, heating and ventilation, live boilers, hot working hazards or other hazards is present and presumed in the way of the survey, no access will be attempted until proof of its safe state is given. The Company’s operatives have a duty of care under the Health and Safety at Work Act (1974) for both themselves and others.
  8. Where asbestos or suspected asbestos containing materials are discovered it will not always be possible to fully investigate areas hidden behind other materials or otherwise obscured by the structure or fabric of the building. It may be necessary to make additional visits and in some cases employ a suitably qualified contractor to remove all or part of the material or otherwise take steps to provide access. No costs for any such additional visits or the employment of a suitable contractor are included within the quotation.
  9. In the building where asbestos has been located and it is clear that not all areas have been investigated, any material that it is found to be suspicious and not detailed as part of the survey should be treated with caution and sampled accordingly.
  10. Certain materials contain asbestos to varying degrees and some may be less densely contaminated at certain locations
  11. (Artex for example). Where this is the case the sample taken may not be representative of the whole product throughout.
  12. Where a survey is carried out under the guidance of the owner of the property, or his representative, then the survey will be as per his instructions and guidance at that time.

Completion certificates, survey reports, analysis certificates, waste consignment notes and any other documentation produced on completion of works will not be issued until full and final payment of our invoice(s) relating to the project is received.

 

Safe Environment (UK) Ltd – Privacy Policy

Type of website: Service provider
Effective date: 15th day of June, 2023

www.safe-environment.co.uk (the “Site”) is owned and operated by Safe Environment (UK) Ltd. Safe Environment (UK) Ltd is the data controller and can be contacted at:

[email protected]
03333 350432
Terminal House, Oakworth Road, Keighley, BD21 1QQ

Purpose
The purpose of this privacy policy (this “Privacy Policy”) is to inform users of our Site of the following:

  1. The personal data we will collect;
  2. Use of collected data;
  3. Who has access to the data collected; and
  4. The rights of Site users.

This Privacy Policy applies in addition to the terms and conditions of our Site.

GDPR
For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the “GDPR”). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018.

We have not appointed a Data Protection Officer as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR.

Consent
By using our Site users agree that they consent to:

  1. The conditions set out in this Privacy Policy.

When the legal basis for us processing your personal data is that you have provided your consent to that processing, you may withdraw your consent at any time. If you withdraw your consent, it will not make processing which we completed before you withdrew your consent unlawful.

You can withdraw your consent by: Email to ‘[email protected]

Legal Basis for Processing
We collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR.

We rely on the following legal bases to collect and process the personal data of users in the EU:

  1. Users have provided their consent to the processing of their data for one or more specific purposes;
  2. Processing of user personal data is necessary for us or a third pary to pursue a legitimate interest. Our legitimate interest is not overriden by the interests or fundamenal rights and freedoms of users. Our legitimate interest(s) are: Provision of asbestos and demolition services; and
  3. Processing of user personal data is necessary for us to take, at the request of a user, steps before entering a contract or for the performance of a contract to which a user is a party. If a user does not provide the the personal data necessary to perform a contract the consequences are as follows: We may be unable to provide our services.

Personal Data We Collect
We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying you first.

Data Collected Automatically
When you visit and use our Site, we may automatically collect and store the following information:

  1. IP address; and
  2. Location.

How We Use Personal Data
Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.

The data we collect automatically is used for the following purposes:

  1. Follow up of requested information.

Who We Share Personal Data With
Employees
We may disclose user data to any member of our organisation who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.

Other Disclosures
We will not sell or share your data with other third parties, except in the following cases:

  1. If the law requires it;
  2. If it is required for any legal proceeding;
  3. To prove or protect our legal rights; and
  4. To buyers or potential buyers of this company in the event that we seek to sell the company.

If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have no control over their privacy policies and practices.

How Long We Store Personal Data
User data will be stored until the purpose the data was collected for has been achieved.

You will be notified if your data is kept for longer than this period.

How We Protect Your Personal Data
In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities. All data is only accessible to our employees. Our employees are bound by strict confidentiality agreements and a breach of this agreement would result in the employee’s termination.

While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.

Your Rights as a User
Under the GDPR, you have the following rights:

  1. Right to be informed;
  2. Right of access;
  3. Right to rectification;
  4. Right to erasure;
  5. Right to restrict processing;
  6. Right to data portability; and
  7. Right to object.

Children
We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer.

How to Access, Modify, Delete, or Challenge the Data Collected
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, if you would like your data to be deleted or modified in any way, or if you would like to exercise any of your other rights under the GDPR, please contact our privacy officer here:

Liam Major
[email protected]
03333 350432
Terminal House, Oakworth Road, Keighley, BD21 1QQ

How to Opt-Out of Data Collection, Use or Disclosure
In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the Data Collected section, we provide the following specific opt-out methods for the forms of collection, use, or disclosure of your personal data specified below:

  1. You can opt-out of the use of your personal data for marketing emails. You can opt-out by clicking “unsubscribe” on the bottom of any marketing email or email ‘[email protected]

Modifications
This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the “Effective Date” at the top of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.

Complaints
If you have any complaints about how we process your personal data, please contact us through the contact methods listed in the Contact Information section so that we can, where possible, resolve the issue. If you feel we have not addressed your concern in a satisfactory manner you may contact a supervisory authority. You also have the right to directly make a complaint to a supervisory authority. You can lodge a complaint with a supervisory authority by contacting the Information Commissioner’s Office.

Contact Information
If you have any questions, concerns or complaints, you can contact our privacy officer, Liam Major, at:

[email protected]
03333 350432
Terminal House, Oakworth Road, Keighley, BD21 1QQ

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