Fire Door Survey Terms & Conditions

FIRE DOOR SURVEY

TERMS & CONDITIONS

Fire Door Surveys, Inspections, Remedial Works & Maintenance

Version 1.3

1. Definitions

1.1 “Company” means Fire Door Survey.

1.2 “Customer” means the person, company, organisation, landlord, managing agent, housing association or other party instructing the Company.

1.3 “Works” means any survey, inspection, maintenance, repair, remedial works, replacement, consultancy or associated services carried out by the Company.

1.4 “Survey” means a fire door inspection undertaken by the Company.

1.5 “Report” means any written findings, recommendations or documentation issued by the Company.

1.6 “Site” means the property where the Works are carried out.

1.7 “Associated Contractor” means any employee, operative, subcontractor, contractor or separate associated or group company engaged by the Company to assist with or carry out the Works, including Stratton & Hesler Ltd where appropriate.

1.8 The Company may use Associated Contractors for labour, carpentry support, specialist works or site attendance. The Customer’s contract remains with Fire Door Survey unless the accepted quotation, invoice or written agreement expressly states otherwise.

2. Acceptance

2.1 These Terms & Conditions apply to all quotations, bookings, surveys and works undertaken by Fire Door Survey.

2.2 Acceptance of a quotation, purchase order, booking confirmation or instruction to proceed shall constitute acceptance of these Terms & Conditions.

2.3 No variation to these Terms & Conditions shall be binding unless agreed in writing by Fire Door Survey.

3. Quotations

3.1 Unless otherwise stated, quotations remain valid for 30 days.

3.2 Quotations are based upon the information available at the time of pricing.

3.3 Hidden defects, unforeseen conditions or changes to the agreed scope may require a revised quotation.

3.4 VAT will be charged where applicable.

3.5 Quotations relate only to the Works specifically described within the quotation.

4. Customer Responsibilities

4.1 The Customer agrees to:

* provide safe access to all working areas;
* ensure all necessary permissions have been obtained;
* ensure doors are available for inspection or repair;
* advise the Company of any known hazards;
* provide access to electricity where reasonably required;
* notify the Company of asbestos, structural concerns or other known risks.

5. Access to Site

5.1 The Customer shall ensure access is available at the agreed appointment time.

5.2 If access is unavailable for reasons outside the Company’s control, the Company will wait for a maximum of one hour.

5.3 Where access cannot be obtained within one hour, the Company may leave Site.

5.4 Any further attendance may be chargeable.

5.5 No refund shall be payable for time or attendance already supplied where access has been prevented by matters outside the Company’s control, except to the extent that the Company is responsible for the relevant failure or the Customer has a statutory right to a refund.

6. Delays

6.1 The Company shall not be liable for delays caused by circumstances outside its reasonable control, including traffic, severe weather, accidents, illness, emergency call-outs, supplier delays or restricted site access.

6.2 Where reasonably practicable, the Company will notify the Customer of any delay.

7. Cancellation by the Customer

7.1 The Customer may cancel or reschedule an appointment by giving not less than 48 hours’ written notice before the agreed appointment time.

7.2 Where at least 48 hours’ notice is provided, no cancellation charge will normally apply unless materials have already been ordered specifically for the Customer’s works.

7.3 Where less than 48 hours’ notice is given, or where the Company attends Site and the Works cannot proceed due to circumstances within the Customer’s control, Fire Door Survey reserves the right to charge for reasonable costs incurred, including:

* labour;
* travel time;
* mileage;
* parking charges;
* accommodation (where applicable);
* materials ordered specifically for the Works;
* any other reasonable project-specific costs.

7.4 Any subsequent attendance may be subject to an additional charge or revised quotation.

7.5 Clauses 7.1 to 7.4 are the Company’s standard appointment policy. They do not replace or restrict any statutory cancellation right that applies to a qualifying consumer contract.

7.6 Where a consumer enters into a qualifying contract online, by telephone or away from the Company’s premises, the consumer may have a statutory right to cancel the contract within 14 days without giving a reason. Unless the law provides otherwise, the cancellation period begins on the day after the contract is entered into.

7.7 A consumer may notify the Company of cancellation by writing to Fire Door Survey through the contact page, by email or by post using the contact details provided with the order or booking. The consumer may use the model notice below, but does not have to do so. The notification is effective if sent before the cancellation period ends.

7.8 If a consumer expressly requests the Company to begin supplying services during the 14-day cancellation period, the Company may charge a proportionate amount for the services supplied up to the time the consumer communicates cancellation. The Company will not charge for services supplied during that period unless the required express request has been obtained.

7.9 The statutory cancellation right may be lost once the service has been fully performed only where the consumer expressly requested the service to begin during the cancellation period and acknowledged that the right to cancel would be lost once the service had been fully performed.

7.10 Bespoke or specially ordered materials may be treated in accordance with applicable law. The Company will not rely on this provision to remove a statutory cancellation or refund right where the law does not permit it.

7.11 Nothing in this Section 7 limits any statutory consumer rights.

Model cancellation notice

To: Fire Door Survey, using the contact details provided with my order or booking.

I/We hereby give notice that I/We cancel my/our contract for the supply of the following service: [describe service]. Ordered on: [date]. Name of consumer: [name]. Address of consumer: [address]. Date: [date]. Signature (only if this notice is sent on paper): [signature].

8. Cancellation by Fire Door Survey

8.1 Where the Company is unable to attend due solely to reasons within its reasonable control, the appointment will be rearranged at the earliest mutually convenient opportunity.

8.2 If the Company cancels the Works and no mutually acceptable replacement appointment is agreed, the Company will refund sums paid for Works not supplied. This does not affect the Customer’s statutory rights. Properly incurred costs for bespoke or specially ordered materials may be retained or charged only where they genuinely apply and applicable law permits this.

9. No Access to Individual Doors

9.1 Where access cannot be gained to one or more fire doors included within the agreed scope, Fire Door Survey will record those doors as “No Access”, “Access Denied” or similar within the survey report or work records.

9.2 Fire Door Survey accepts no responsibility for inspecting, assessing, repairing, certifying or commenting upon the condition or compliance of any fire door to which access could not be obtained, except to the extent that the relevant loss or claim is caused by the Company’s negligence, breach of contract or failure to exercise reasonable skill and care.

9.3 Any conclusions, recommendations or certification issued by Fire Door Survey apply only to the fire doors that were physically inspected or repaired during our attendance.

9.4 Should the Customer require Fire Door Survey to return to inspect or complete works to inaccessible doors, this shall constitute a separate attendance and may incur additional charges.

9.5 Where a significant proportion of doors are inaccessible, Fire Door Survey reserves the right to suspend or terminate the visit where completion of the agreed scope is no longer reasonably practicable.

10. Working Areas

10.1 The Customer shall ensure all working areas are clear prior to our arrival.

10.2 Furniture, valuables, pictures, ornaments, electrical equipment and other fragile items should be removed or protected before works commence.

10.3 Where operatives are required to move customer belongings, this shall be at the Customer’s risk except to the extent that loss or damage is caused by the Company’s negligence, breach of contract or failure to exercise reasonable skill and care.

10.4 Delays resulting from working areas not being prepared may result in additional charges.

11. Health & Safety

11.1 Fire Door Survey reserves the right to stop work immediately where site conditions are considered unsafe.

11.2 The Company may refuse to carry out works where there is a risk to operatives, occupants or members of the public.

11.3 Any return visit required due to unsafe conditions may be chargeable.

12. Children, Occupants & Pets

12.1 Children, pets and persons not directly involved in the Works must be kept away from all working areas.

12.2 No person shall enter the working area until advised by our operatives that it is safe to do so.

12.3 Fire Door Survey accepts no responsibility for injury or damage arising from failure to follow these safety instructions, except to the extent caused by the Company’s negligence, breach of contract or failure to exercise reasonable skill and care.

13. Protection of Property

13.1 Fire Door Survey will exercise reasonable care to protect the immediate working area.

13.2 Dust sheets and protective coverings may be used where appropriate.

13.3 The Customer remains responsible for protecting valuables, decorations and delicate items before works commence.

13.4 Whilst reasonable care is taken, Fire Door Survey shall not be liable for damage arising solely from pre-existing defects, deteriorated finishes, hidden conditions or fragile materials that could not reasonably have been identified before the Works commenced, except to the extent caused by the Company’s negligence, breach of contract or failure to exercise reasonable skill and care.

14. Fire Door Surveys

14.1 Fire Door Survey will carry out fire door surveys using appropriately trained and competent personnel.

14.2 Survey reports represent the condition of each fire door at the time of inspection only.

14.3 Fire door condition may change due to wear, damage, misuse, alterations, environmental conditions or subsequent works carried out by others.

14.4 A survey report must not be relied upon as confirmation of future compliance.

14.5 Unless specifically agreed in writing, surveys are non-intrusive and are based upon those elements that can be reasonably inspected without causing unnecessary damage to the building or fire door assembly.

14.6 Fire Door Survey reserves the right to record items as inaccessible where inspection cannot reasonably be completed.

14.7 Unless expressly instructed and separately agreed in writing, a Survey does not include opening-up or removal of finishes, architraves, trims, linings, ironmongery or other components, and does not investigate concealed cavities, fire stopping, compartmentation, structural fire protection, smoke control systems, fire alarms, sprinklers, emergency lighting, passive fire protection outside the fire door assembly or any other building fire safety element not expressly included in the quotation.

14.8 The Responsible Person or Accountable Person, as applicable, remains responsible for statutory compliance with all applicable fire safety legislation and for arranging any wider fire risk assessment, inspection, maintenance or corrective action required for the Site. A Survey or Report does not transfer or discharge that responsibility.

15. Survey Reports

15.1 Survey reports are provided solely for the Customer’s use.

15.2 Reports shall not be altered or reproduced in part without the written consent of Fire Door Survey.

15.3 No Report or other documentation prepared by the Company is prepared for or may be relied upon by any third party without the Company’s prior written consent, which may be subject to conditions or a separate fee.

15.4 Recommendations contained within a report represent the Company’s professional opinion based upon the information available during the inspection.

15.5 Fire Door Survey shall not be responsible for subsequent alterations made by others after completion of the survey.

16. Fire Door Remedial Works

16.1 Fire Door Survey will carry out remedial works in accordance with the agreed quotation and scope of works.

16.2 Unless otherwise stated, only those repairs specifically included within the quotation shall be undertaken.

16.3 Any additional work requested during the visit shall be treated as a variation and may incur additional charges.

16.4 Where fire-rated products are required, suitable products will be used where reasonably available.

16.5 The Company may use Associated Contractors, including Stratton & Hesler Ltd where appropriate, to carry out or support remedial works. The Company will remain the Customer’s point of contact unless the accepted quotation or invoice states otherwise.

17. Works Following a Fire Door Survey by Fire Door Survey

17.1 Where Fire Door Survey has completed both the fire door survey and the subsequent remedial works, we will carry out the agreed remedial works identified within our survey.

17.2 Upon completion, the Company will have carried out the agreed remedial works using reasonable skill and care with the intention of addressing the defects expressly included within the agreed scope. Completion does not constitute certification or confirmation that the entire fire door assembly complies with all applicable legislation, standards or guidance unless expressly stated in the quotation and completion documentation.

17.3 If additional defects are discovered during the remedial works that could not reasonably have been identified during the original survey, these will be brought to the Customer’s attention before any additional work is undertaken.

17.4 Any additional remedial works required outside the original scope shall be subject to a separate quotation unless otherwise agreed.

18. Works Based on Third-Party Surveys

18.1 Where Fire Door Survey undertakes remedial works based upon a survey, report or schedule of works prepared by another company or individual, our responsibility is limited solely to completing the specific remedial works we have been instructed to carry out.

18.2 Any quotation prepared from a third-party survey, report or schedule of works is based on the accuracy, completeness and currency of the information supplied to us. The Company is entitled to rely on that information for pricing purposes and the quotation does not constitute our confirmation that the third-party findings, measurements, specifications or recommendations are accurate or complete.

18.3 Completion of those works does not constitute a full inspection, certification or confirmation that the fire door assembly is fully compliant with current legislation, standards or guidance.

18.4 Fire Door Survey accepts no responsibility for defects, omissions or non-compliances that fall outside the instructed scope of works or are not identified within the third-party documentation provided, except to the extent caused by the Company’s own negligence, breach of contract or failure to exercise reasonable skill and care in carrying out the agreed Works.

18.5 Should additional defects be identified during our attendance, these will be brought to the Customer’s attention and may be rectified under a separate quotation.

18.6 Where a quotation is prepared from a historic inspection report, it is assumed that the condition, dimensions and components of the fire doors have not materially changed before the Company’s attendance. If that assumption is incorrect, the quotation may require revision.

18.7 Before ordering materials, the Company may require a pre-works component verification survey where dimensions, hardware, seals, glazing, fixings, door construction or other component details cannot reasonably be confirmed from the information supplied. The price of that survey will be agreed with, or notified to, the Customer before it is undertaken. Any resulting change to the scope or price will also be notified to the Customer.

18.8 Where confirmation of overall compliance is required, Fire Door Survey recommends that a full fire door survey be commissioned.

19. Hidden Defects

19.1 Fire door inspections and remedial works may reveal defects that were not reasonably visible before works commenced.

These may include, but are not limited to:

* defective frames;
* concealed structural defects;
* damaged linings;
* concealed services;
* incorrect historic installations;
* rotten timber;
* water damage;
* unsuitable fixings;
* deterioration hidden by finishes.

19.2 Fire Door Survey accepts no responsibility for hidden defects that could not reasonably have been identified before works commenced, except to the extent caused by the Company’s negligence, breach of contract or failure to exercise reasonable skill and care.

19.3 Hidden defects include defects concealed by finishes, components or construction, and defects that become apparent only when a component is removed, adjusted, opened-up or tested. The Company shall not be required to open-up or undertake destructive or intrusive investigation unless expressly included in the agreed scope.

19.4 Discovery of hidden defects may require additional remedial works which will be separately quoted.

19.5 The Company reserves the right to suspend works where hidden defects prevent completion of the agreed scope safely or compliantly. Any delay, additional attendance, materials, making good or other costs arising from such defects shall be outside the original scope unless expressly agreed otherwise.

20. Variations

20.1 Any request by the Customer to alter the agreed scope of works after acceptance of the quotation shall constitute a variation.

20.2 Variations may affect programme, price and completion dates.

20.3 No variation shall be deemed included within the original quotation unless confirmed by Fire Door Survey.

21. Additional Defects

21.1 Where additional defects are identified that fall outside the agreed scope of works, Fire Door Survey will notify the Customer.

21.2 Unless immediate action is required for safety reasons and authorised by the Customer, no additional work will be undertaken without agreement.

21.3 Any additional work shall be separately chargeable.

22. Materials

22.1 Fire Door Survey will use suitable materials appropriate for the agreed works.

22.2 Minor variations in colour, grain, finish or appearance may occur due to manufacturing differences or product availability.

22.3 Where the Customer requests the use of specific products supplied by others, Fire Door Survey accepts no responsibility for their suitability or certification, except to the extent that loss or damage is caused by the Company’s negligence, breach of contract or failure to exercise reasonable skill and care.

23. Existing Decorations & Finishes

23.1 Fire door remedial works may require adjustment, cutting, routing, drilling, removal of hardware or alteration of surrounding finishes.

23.2 Whilst every reasonable care will be taken, Fire Door Survey cannot guarantee that existing decorations, paintwork, wall finishes, flooring or adjacent materials will remain unaffected.

23.3 Making good of decorations, painting or redecoration is excluded unless specifically included within the quotation.

24. Certification

24.1 Unless specifically stated within the quotation, Fire Door Survey does not issue manufacturer certification for existing fire doors.

24.2 Completion of remedial works does not reinstate manufacturer certification where such certification has previously been lost or cannot be verified.

24.3 Any completion documentation issued relates only to the works undertaken by Fire Door Survey.

24.4 The Customer remains responsible for ongoing inspection, maintenance and compliance of fire doors following completion of the Works.

25. Completion of Works

25.1 Works shall be deemed complete once the agreed scope has been carried out.

25.2 The Customer shall inspect the completed Works as soon as reasonably practicable.

25.3 Any concerns regarding workmanship should be reported to Fire Door Survey within a reasonable period after completion.

25.4 Fire Door Survey shall be given a reasonable opportunity to inspect and, where appropriate, rectify any defect in workmanship before another contractor is instructed.

25.5 Upon completion of remedial works, the Company may verify that the door is operating correctly and within the applicable tolerances and may record this by photographs and other records. Those records shall constitute contemporaneous evidence of the condition of the door at practical completion. This does not limit the Company’s responsibility for defective workmanship in the Works. The Company shall not be responsible for subsequent changes or damage caused by misuse, wedging open, slamming, excessive force, unauthorised adjustment, removal or alteration of hardware, vandalism, environmental conditions, building movement or works carried out by others. Return attendance may be chargeable where inspection indicates that the issue arose after practical completion or did not result from defective workmanship by the Company.

26. Payment Terms

26.1 Payment shall be made in accordance with the quotation or invoice issued by Fire Door Survey.

26.2 Unless otherwise agreed in writing, payment shall become due immediately upon completion of the Works.

26.3 Fire Door Survey reserves the right to request payment in advance, a deposit or staged payments depending upon the nature and value of the Works.

26.4 Ownership of any materials supplied shall remain with Fire Door Survey until payment has been received in full.

27. Late Payment

27.1 Fire Door Survey reserves the right to suspend any ongoing or future Works where payment has not been received by the due date.

27.2 Survey reports, completion reports, certificates, photographs and other documentation may be withheld until outstanding balances have been settled in full where permitted by law.

27.3 Interest may be charged on overdue commercial accounts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 where applicable.

28. Photographs and Records

28.1 Fire Door Survey may take photographs before, during and after the Works.

28.2 Photographs may be used for:

* survey reports;
* remedial work records;
* compliance evidence;
* quality assurance;
* training;
* dispute resolution.

28.3 Reasonable care will be taken to avoid capturing unnecessary personal information.

28.4 Copyright and all other intellectual-property rights in photographs and other records created by the Company remain with Fire Door Survey unless otherwise agreed in writing. This does not prevent the Customer using documentation supplied to it for the purpose for which it was supplied.

29. Parking and Site Facilities

29.1 The Customer shall provide suitable access for Company vehicles where reasonably practicable.

29.2 Any parking charges, congestion charges, tolls or similar costs incurred solely in carrying out the Works may be charged to the Customer unless otherwise agreed in writing.

29.3 Where paid parking is required, the Customer should inform Fire Door Survey before the appointment wherever possible.

30. Waste Materials

30.1 Unless specifically included within the quotation, disposal of removed doors, frames, timber, hardware or other waste materials is excluded.

30.2 Where waste removal forms part of the quotation, Fire Door Survey will remove only those materials arising directly from the agreed Works.

31. Customer-Supplied Materials

31.1 Where the Customer supplies materials, hardware or products for installation, Fire Door Survey is not responsible for their:

* suitability;
* certification;
* compatibility;
* performance;
* manufacturer defects,

except to the extent that loss or damage is caused by the Company’s negligence, breach of contract or failure to exercise reasonable skill and care.

31.2 Any delays resulting from unsuitable customer-supplied materials may incur additional charges.

32. Insurance

32.1 Fire Door Survey will maintain any insurance required by law for the services provided. This clause does not represent that any particular additional insurance cover is held or alter the parties’ rights and obligations under these Terms.

32.2 Copies of insurance certificates can be provided upon reasonable request.

33. Limitation of Liability

33.1 Fire Door Survey shall exercise reasonable skill and care in carrying out the Works.

33.2 Subject to Clauses 33.4 and 33.5, and to any liability that cannot lawfully be excluded or limited, the Company shall not be liable for loss or damage that results solely from:

* hidden defects or pre-existing damage that could not reasonably have been identified before the Works commenced;
* structural movement or deterioration occurring after completion;
* subsequent misuse, alterations or works carried out by others;
* the Customer’s failure to maintain the fire door; or
* consequential or indirect commercial losses, loss of profits, business interruption, loss of rental income, loss of contracts or loss of opportunity, where the Customer is acting in the course of business and the exclusion is lawful.

33.3 Fire Door Survey shall not be liable for damage caused solely by concealed pipes, cables, services or other hidden installations not disclosed prior to commencement, except to the extent caused by the Company’s negligence, breach of contract or failure to exercise reasonable skill and care.

33.4 Nothing within these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, breach of statutory duty where liability cannot lawfully be excluded or limited, or any other liability that cannot legally be excluded or limited under the laws of England and Wales. Nothing within these Terms excludes or limits the Customer’s statutory consumer rights or the Company’s liability for its own breach of contract or negligence except to the extent that the law permits that limitation.

33.5 Where the Customer is acting in the course of business, and to the extent permitted by law, the Company’s total liability arising from any claim relating to the Works shall not exceed the total amount paid by the Customer for the relevant Works. No liability cap applies to a consumer except to the extent that it is lawful, fair and consistent with the Customer’s statutory rights.

34. Warranty

34.1 Fire Door Survey warrants that the Works will be carried out using reasonable skill and care.

34.2 This warranty applies only to the specific Works undertaken by Fire Door Survey.

34.3 The warranty does not apply where defects arise due to:

* misuse;
* accidental damage;
* vandalism;
* water ingress;
* structural movement;
* alterations by others;
* lack of maintenance;
* normal wear and tear.

34.4 Any warranty claim must be reported to Fire Door Survey within a reasonable time after the defect becomes apparent.

34.5 Fire Door Survey shall be given a reasonable opportunity to inspect any alleged defect before another contractor undertakes remedial work.

35. Force Majeure

35.1 Fire Door Survey shall not be liable for failure or delay in performing its obligations where such failure results from circumstances beyond its reasonable control.

Examples include but are not limited to:

* severe weather;
* flooding;
* fire;
* industrial action;
* acts of terrorism;
* civil unrest;
* pandemics;
* government restrictions;
* supply chain disruption;
* utility failures.

36. Complaints

36.1 Any complaint should be submitted to Fire Door Survey in writing as soon as reasonably practicable.

36.2 Fire Door Survey will investigate all complaints fairly and aim to respond within a reasonable period.

36.3 The Customer agrees to provide Fire Door Survey with a reasonable opportunity to inspect and, where appropriate, rectify any defect before instructing another contractor.

37. Data Protection

37.1 Fire Door Survey will process personal information in accordance with applicable UK data protection legislation.

37.2 Personal information will only be used for purposes connected with the provision of the Works and associated legal or regulatory obligations.

38. Intellectual Property

38.1 Survey reports, photographs, drawings, templates and documentation prepared by Fire Door Survey remain the intellectual property of Fire Door Survey unless otherwise agreed in writing.

38.2 The Customer may use such documentation only for the purpose for which it was supplied.

39. Assignment

39.1 The Customer may not transfer or assign the agreement without the written consent of Fire Door Survey.

40. Severability

40.1 If any provision within these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

41. Entire Agreement

41.1 These Terms & Conditions, together with the accepted quotation and any written variations, constitute the entire agreement between Fire Door Survey and the Customer.

41.2 No verbal statement or representation shall vary these Terms unless confirmed in writing.

42. Governing Law

42.1 These Terms & Conditions shall be governed by and interpreted in accordance with the laws of England and Wales.

42.2 Any dispute arising under these Terms shall be subject to the jurisdiction of the courts of England and Wales. This clause does not prevent a consumer from bringing proceedings in any court in which the consumer is legally entitled to bring them.

43. Statutory Rights

43.1 Nothing within these Terms & Conditions affects or limits any statutory rights the Customer has under the Consumer Rights Act 2015 or any other rights that cannot lawfully be excluded or limited.

END OF TERMS & CONDITIONS