London Fire Consultants Ltd
Terms & Conditions
London Fire Consultancy are open and transparent about the way in which we work with clients to ensure the very best health and safety measures are in place.
These Terms and Conditions apply to the standard project proposals of London Fire Consultancy and any other proposal unless stated otherwise.
All work carried out by London Fire Consultancy for the client in relation to any part of the project described within the proposal and any additional work London Fire Consultancy undertake on behalf of the client will be upon these terms and to the exclusion of any other terms supplied by the client. Instructing London Fire Consultancy to commence any work set out within this proposal albeit verbal, written or by electronic format shall be acceptance of these terms.
Formation of a Contract
The proposal given on or attached to these terms and conditions will only remain valid for a period of 30 days.
Acknowledgment and acceptance of this proposal is made by you placing an order within the specified period in the paragraph above, at which time you will be bound by these terms and conditions. Each proposal accepted shall constitute an individual legally binding contract between you and us. Such contract is hereinafter referred to in these terms and conditions as "an order".
No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by us or a person authorised to sign on our behalf.
Nothing in these terms and conditions shall prejudice any condition or warranty expressed or implied, or any legal remedy to which we may be entitled in relation to the goods/and or the work the subject of this order.
Any additional work or variations to the proposal will only be undertaken upon acceptance of a separate agreement with all costs to be agreed by the client and London Fire Consultancy in writing before work commences.
London Fire Consultancy will undertake all work in accordance with the agreed project time scale and utilise all reasonable endeavours to meet the agreed delivery times that are good faith estimates based upon information available at the time of project proposal submission. Unless otherwise agreed in writing, time will not be the essence of our agreement.
London Fire Consultancy requires the client to provide all requested information in a written format and in a timely manner where available. London Fire Consultancy expects the client to provide access to all personnel and material that are required to enable London Fire Consultancy to deliver the project within the agreed parameters, and not hinder the ability of London Fire Consultancy to carry out the project. This is inclusive of the prompt approval or otherwise of requests submitted to the client for agreement.
London Fire Consultancy shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services. When the client account is closed, all files and stored data will be deleted. London Fire Consultancy reserves the right to cancel the client account at any time without notice.
To protect the privacy of the client, London Fire Consultancy never distributes the identity of the client or e-mail address to any third parties.
Unless otherwise agreed all invoices issued by London Fire Consultancy are payable 7 days after the assessment is taken by the consultant. Reports will not be issued until full payment of the invoice has been received.
Suspension of Work
London Fire Consultancy reserves the right to suspend all work in the event that any invoice is not paid in accordance with the terms of London Fire Consultancy to charge interest on a daily basis on the unpaid sum, at the rate of 5 per cent above base rate of Barclays Bank from time to time.
London Fire Consultancy will reasonably determine completion in the absence of the agreement of the client that completion has occurred.
Material Rights & Licence
The client will retain all rights to any material provided for the project. Where the rights are not owned by the client, it is the responsibility of the client to obtain a licence for their use and indemnify London Fire Consultancy for any damages, which occur as a result of failing to do so. London Fire Consultancy will grant to the client a royalty free, nonexclusive perpetual licence of all copyright and materials that we develop for the client in relation to the project. Where we provide third party materials, London Fire Consultancy will obtain a licence for the client that is sufficient for the purposes set out within the proposal.
The liability of London Fire Consultancy to the client for breach of contract, negligence or misrepresentation (unless fraudulent) other than any which results in death or personal injury (which is unlimited) shall be damages limited to the amount of the London Fire Consultancy charges for the project excluding third party costs. London Fire Consultancy will not be liable for loss of turnover, profit, sales, revenue, profits, goodwill, indirect loss, pure economic loss, consequential loss or special loss, or for any loss arising from any of the clients’ actions or direct instructions to London Fire Consultancy The client agrees to indemnify London Fire Consultancy for any claims made against London Fire Consultancy as a result of the content of the project.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
London Fire Consultancy shall have the right to terminate the agreement with immediate effect by notice in writing to the client if the client fails to make any payment when it becomes due. Either party may terminate the agreement by notice in writing to the other if:
•The other party commits a material breach of the Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
•The other party commits a material breach of the Agreement which cannot be remedied under any circumstances; or
•The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
•The other party ceases to carry on its business or substantially the whole of its business; or
•The other party is declared insolvent, or convenes a meeting of creditors or makes or proposes to make any arrangement or composition with its creditors; or
•A liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
The client shall have the right to terminate the Agreement at any time by notice in writing to London Fire Consultancy and any payments made prior to the date of termination shall not be refundable. Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and shall be subject to the non-exclusive jurisdiction of the courts of England. London Fire Consultancy reserves the right to amend and update these Terms and Conditions at any time without notice.
Payment terms are 7 days from issue of invoice or not later than 1 day before course begins. Materials and log in details (if relevant) will not be issued until payment is received. London Fire Consultants reserves the right to refuse admittance to the course until payment is received.London Fire Consultants reserves the right to cancel or alter the dates or provision of service, the venue and the individual or organisation providing the service. In the event of a course cancellation, bookings will normally be deferred to the next available course at the same venue unless the client specifically requests otherwise. If a booking is cancelled or deferred by the client, London Fire Consultants reserves the right to apply the following charges:
Notice given and % of course/service fee chargeable
More than 28 days - 0%
15 – 28 days - 50%
1 – 14 days - 75%
Cancellation on day/Non-attendance without notice - 100%
In addition, London Fire Consultants reserves the right to charge a £30 administration fee for each cancellation/deferral. Telephone cancellations/ deferrals can be accepted but must be received 7 days prior to course commencement and should be confirmed immediately in writing (by post or email). For cancellations/deferrals within 7 days preceding the course commencement date, London Fire Consultants reserve the right to pass on any such delegate fees that they incurred for each day of the course deferral. Provisional bookings are not permitted. Bookings are confirmed once submitted and are subject to cancellation terms above.
Fees quoted are correct at time of publication, but London Fire Consultants reserves the right to alter fees at any time. Deferral of an in-house training course or consultancy appointment will be deemed a cancellation if a further date is not secured and fulfilled within a 3-month window of the original date; at which point London Fire Consultants reserves the right to apply the above charges.