Terms & Conditions
Fallon Pilott Ltd – Terms & Conditions
Point to note:
1. The use of an arbitrator has been included in these Conditions and the proposed body being ARCA/ATaC.
1.1 These definitions and rules of interpretation apply in these Conditions
‘ARCA’ means the Asbestos Removal Contractors Association.
‘ATaC’ means the Asbestos Testing and Consultancy Association.
‘CAVEAT’ means the caveat contained in Annex A.
‘CLIENT’ means the person, firm, company or local authority who accepts a quotation of the Company for the provision of the Services or whose order for the Services is accepted by the Company.
‘COMPANY’ means Fallon Pilott Ltd (registered in England under number 09109325)
‘CONDITIONS’ means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Client and the Company.
‘CONTRACT’ means the Client’s acceptance of a quotation or tender for the provision of the Services or where an order for the provision of the Services is accepted by the Company.
“INTELLECTUAL PROPERTY RIGHTS” all patents, rights to inventions, utility models, copyright and related rights,
trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual
property rights, in each case whether registered or unregistered and including all applications for and renewals of
extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world. “MANAGEMENT SURVEY” means a management survey as defined in HSE document HSG264 or any successor or equivalent survey or definition. A copy of the HSE document or successor document can be supplied on request. (For information, this survey is a standard survey and its purpose is to locate, as far as reasonably practicable, the presence and extent of suspect asbestos containing material).
“OUTPUT MATERIAL” means data, drawings, plans, documents, test results and other information prepared by the Company in relation to the Services
‘SERVICES’ means the provision of consultancy, testing, surveying (including Management Surveys and Refurbishment and Demolition Surveys in accordance HSE document HSG264) , inspection or other services for which the company undertakes to perform for The Client under the Contract.
“REFURBISHMENT AND DEMOLITION SURVEY” means a refurbishment and demolition survey in accordance with the procedure in HSE document HSG264 or any successor or equivalent survey or definition. A copy of the HSE document or successor document can be supplied on request. (For information, this survey is normally undertaken before any refurbishment or demolition work is carried out and its purpose is to locate and describe, as far as reasonably practicable all asbestos containing materials in the area where the refurbishment work will take place or in the whole building if demolition is planned).
“UKAS” means United Kingdom Accreditation Service.
“VAT” means value added tax chargeable under English Law for the time being and any similar additional tax.
1.2 A reference in these Conditions to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality).
1.4 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.5 A reference to writing or written includes electronic mail, facsimile transmission and comparable means of communication.