Terms and Conditions (1st January 2019)

Zeta Services standard terms and conditions are outlined within this web page. There are however some very specific clauses that you MUST be aware of before engaging our services.

 

Fire – Cladding Combustibility Exclusion

Zeta Services Professional Indemnity Insurance, in addition to other exclusions contained elsewhere within its Policy, shall not be liable to indemnify the Zeta Services against any claim or loss arising directly out of or in any way involving the combustibility or fire performance of any cladding system. Therefore our risk assessments or any consultancy work undertaken, whether in the form of a report, email correspondence or verbally does not provide cover for any cladding systems or similar materials.

 

Specific Terms of Sale in Relation to Zeta Compliance Services Products and Services

  1. About your quotation:
    1. The fees quoted are valid for acceptance for a period of 60 days from date of quotation. They include expenses and disbursements to meet the above scope of work, unless otherwise stated.
    2. All fees are exclusive of local taxes and where applicable VAT.
    3. Payment terms are 30 days’ net of invoice.
    4. All goods supplied remain the property of Zeta Services until paid for in full.
    5. Products will be invoiced on dispatch irrespective of when they are commissioned or brought into use.
    6. Unless agreed otherwise, it is assumed that all work can be carried out during normal working hours (9am to 5pm Monday to Friday) and that full access will be given to all areas of the site under your management. If access is denied and a return visit is required, additional costs may be charged.
    7. Unless specified otherwise in your quotation the production of CAD schematics is not included in any proposal. CAD work is produced in a widely compatible format AutoCAD LT v2000 and will normally be supplied in PDF format. Source files with the file extension ‘.dwg’ may be provided on request but may be subject to additional cost. Conversion to other versions of CAD or other file formats will be the responsibility of the Customer.
    8. Where works are to be carried out involving building inspection, auditing and assessment Zeta Services will accept no liability for any damages caused as a result of those services.
    9. No liability will be accepted for any loss or damage arising as a result of the Customer’s failure to comply with our recommendations.
  1. When we will start work:
    1. Delivery will normally be completed four weeks from receipt of a Customer written order instruction, unless specifically stated or agreed otherwise in writing.
    2. Whilst Zeta Services will take all reasonable steps to ensure that the services and materials to be provided by them under this quotation are provided without undue delay, Zeta Services will not be liable for any delay or failure occurring due to circumstances outside their reasonable control.
    3. Expected delivery dates such as attendance at your premises to carry out the work specified will be communicated to you on receipt of a valid purchase order number or other such contractual instruction to proceed.
  2. When we will invoice you:
    1. Services will be invoiced on delivery of the works.
    2. We reserve the right to part invoice or specify staged invoicing, for example as and when site visits have been completed irrespective of the production of a final deliverable such as a written report i.e. attendance at site may be considered as discharge of that part of the contract and if we are unable to carry out the works due to full access to any premises not being afforded at the specified attendance date then we may invoice for 100% of our fees in relation to that premises.
    3. Aborted visits where assessors attend or are on route to site without prior cancellation will incur a 50% site cost as a cancellation fee.
  3. Ongoing Contracts:
    1. The Zeta Services service contract will commence on the specified date and shall continue until the specified date of expiry. Termination of the contract before the date of expiry is only possible where there is material breach and in such circumstances it may be exercised by either party by giving three months’ notice in writing. 
    2. The Zeta Services shall be entitled to cancel the agreement to provide products and services with the Customer immediately in the event of: a) The Customer not complying with any written recommendation provided by Zeta Services during the course of the agreement. b) Any sums due to Zeta Services in respect of products/services provided remaining outstanding from more than 30 days from date of invoice, unless otherwise agreed in writing between Zeta Services and the Customer. c) The Customer becoming bankrupt or committing any act of bankruptcy, or put into liquidation, or have a receiver appointed, or have an administration order made against them.
    3. The Contract period will commence on the commencement date and shall continue for the contract period (unless terminated – see point 4.b). It will then be renewed; until such time the Customer gives Zeta Services three months’ written notice to terminate the agreement on an anniversary of the commencement date.
  4. Schematic Drawings:
    1. It is important that our Customers note and understand that;
      1. preparing schematic diagrams from inspection of existing installations is necessarily subject to errors resulting from, for example inaccessibility (where the view of a component is blocked), discontinuity (where pipe runs either side of an obstruction do not correspond), misleading information (wrongly-labelled components, pipework or inaccurate previous schematic diagrams).
      2. Zeta Services undertakes ‘noninvasive’ surveys and /or surveys are limited by the degree of disruption that is possible to undertake (for instance hospital wards) and therefore this will affect the quality of schematic drawings produced.
      3. they identify to Zeta any other systems that make use of water, whether they are to be included in the schematic diagrams or not.
    2. Unless otherwise stated in the proposal or quotation schematic drawings are not to scale (NTS).
  1. Some specifics regarding Fire Engineering Consultancy:
    1. Scope of Service
      1. Our advice is strategic and relates to fire safety issues, the aim being to support the client in seeking Building Regulations Approval.
      2. Our proposal describes a scope of work to provide strategic fire engineering advice, such that it may be used by others to gain approval from the regulatory authorities for the proposed design. The responsibility for gaining approval would not fall within our scope of works, although we will assist others to do this.
      3. The preparation, or checking of detailed specifications, designs or drawings does not fall within our scope of works unless specifically instructed, although if required we are able to provide this service within Zeta Services for an appropriate fee.
    2. We shall maintain professional indemnity insurance of not less than £5,000,000 in respect of each and every claim or aggregate for claims, provided that such insurance remains available at reasonable rates. Our total liability under or in connection with this commission whether in contract, tort, for breach of statutory duty or otherwise, shall be limited to £5,000,000, provided that we shall have no liability, in any circumstances, for:
      1. loss of business, loss of profits, loss of time, loss of use; and/or
      2. any indirect or consequential loss.
    3. The period of liability is six years after the date of completion of the Services.
    4. The ACE Agreement proposed, and upon which our fee is based, does not anticipate the novation of our agreement and duties to an alternative client. In the event that we are asked to accept novation we reserve the right to renegotiate our terms and conditions to reflect any changes to our position that may be suggested and/or any increase in our potential liabilities over and above that which was originally envisaged.
    5. The strategic nature of our work is such that collateral warranties should not be required, and as a matter of policy, whilst we can provide fund warranties (if such provision is a funding condition) we would not expect to provide other warranties.
    6. Nothing in our proposal letter or its attachments confers or purports to confer on any third party any benefit or any right to enforce any term of our proposal letter or its attachments pursuant to the Contract (Rights of Third Parties) Act 1999.
    7. This proposal incorporates the terms and conditions of ACE Short Form Agreement 2002, copy available upon request.
  1. What about cleaning and disinfection work:
    1. Where works are to be carried out involving drainage of water, Zeta Services will proceed on the understanding that all drains are mechanically sound and free of blockages, unless specifically advised otherwise, in writing, by the Customer. Zeta Services will accept no liability for any damages caused as a result of defective drainage. 
    2. The Customer shall provide for the disposal of effluent occasioned by the products or services of Zeta Services and ensure that the means of disposal, and that relevant discharge consents have been granted to the Customer by the relevant Statutory Body or Enforcement Agency.
    3. The Customer shall have no responsibility for the removal, treatment, storage, transport or disposal of hazardous or toxic substances or other waste materials unless specifically agreed in writing with the Customer.
  2. Other important stuff:
    1. Zeta Services and the Customer agree that these Terms and Conditions of Contract and the attached Proposal shall form the contract (“the Contract”) between the Zeta Services and the Customer unless and until they are replaced by a written, agreed and signed alternative contract.
    2. Zeta Services will not be liable for any consequences of any act or omission under this quotation where such act or omission arose either directly or indirectly from the provision of inaccurate or incomplete information by the Customer. It is the responsibility of the Customer to advise Zeta Services as to the full extent of any system(s) upon which works are to be carried out, and to advise all building occupants when works are to be carried out, in the interests of Health & Safety, to ensure the system(s) remain unused throughout any works.
    3. Zeta Services reserves the right to sub-contract and re-assign works at its discretion, without obtaining the written permission of the Customer.
    4. Under no circumstances will Zeta Services be liable for loss of use, or of profit, or of any quotation that may be suffered by the Customer.
    5. All information supplied Zeta Services including but not limited to details and costs of our products and services, shall be regarded by the Customer as confidential, and will remain the property of Zeta Services. This information will not be divulged or revealed by the Customer to any third party without the prior knowledge and written agreement Zeta Services.
    6. All drawings, illustration, etc. accompanying quotations, brochures, etc. must be regarded as approximate and are not binding in detail unless stated so to be. All weights, measurements and capacities and other particulars specified by Zeta Services are stated in good faith, but deviations from these will not affect the agreement or be made the basis of any claim against Zeta Services.
    7. All intellectual property rights associated with the Scope of Services shall remain vested in Zeta Services. A specific licence for use may be granted by Zeta Services. If the Customer defaults on payment to Zeta Services any such licence is hereby automatically revoked. Zeta Services shall not be liable for any use of the copyright materials for any purpose other than the original intent.
    8. The agreements made between the Customer and Zeta Services shall in all respects be construed and operated as an English contract, and in conformity with English Law.