Napkin Group Ltd trading as Fire Door Survey Terms & Conditions

NAPKIN GROUP LTD TRADING AS FIRE DOOR SURVEY

TERMS & CONDITIONS

Fire Door Surveys, Inspections, Remedial Works & Maintenance

Version 1.1

1. Definitions

1.1 “Company” means Napkin Group Ltd trading as 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 Napkin Group Ltd trading as 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 Napkin Group Ltd trading as 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 Napkin Group Ltd trading as 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

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 where attendance has been prevented by matters outside the Company’s control.

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, Napkin Group Ltd trading as 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.

8. Cancellation by Napkin Group Ltd trading as 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 cannot offer a replacement appointment within seven calendar days due solely to its own availability, the Customer shall be entitled to a refund of monies paid, less any reasonable project-specific costs already incurred where permitted by law.

9. No Access to Individual Doors

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

9.2 Napkin Group Ltd trading as 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.

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

9.4 Should the Customer require Napkin Group Ltd trading as 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, Napkin Group Ltd trading as 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 entirely at the Customer’s risk.

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

11. Health & Safety

11.1 Napkin Group Ltd trading as 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 Napkin Group Ltd trading as Fire Door Survey accepts no responsibility for injury or damage arising where these safety instructions are not followed.

13. Protection of Property

13.1 Napkin Group Ltd trading as 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, Napkin Group Ltd trading as Fire Door Survey shall not be liable for damage arising from pre-existing defects, deteriorated finishes, hidden conditions or fragile materials that could not reasonably have been identified before the Works commenced.

14. Fire Door Surveys

14.1 Napkin Group Ltd trading as 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 Napkin Group Ltd trading as Fire Door Survey reserves the right to record items as inaccessible where inspection cannot reasonably be completed.

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 Napkin Group Ltd trading as Fire Door Survey.

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

15.4 Napkin Group Ltd trading as 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 Napkin Group Ltd trading as 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 Napkin Group Ltd trading as Fire Door Survey

17.1 Where Napkin Group Ltd trading as 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 of the agreed scope of works, the repaired fire door shall comply with the applicable standards and guidance relevant to the defects identified within our survey, subject to the limitations contained within these Terms & Conditions.

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 Napkin Group Ltd trading as 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 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.

18.3 Napkin Group Ltd trading as 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.

18.4 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.

18.5 Where confirmation of overall compliance is required, Napkin Group Ltd trading as 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 Napkin Group Ltd trading as Fire Door Survey accepts no responsibility for hidden defects that could not reasonably have been identified before works commenced.

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

19.4 The Company reserves the right to suspend works where hidden defects prevent completion of the agreed scope safely or compliantly.

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 Napkin Group Ltd trading as Fire Door Survey.

21. Additional Defects

21.1 Where additional defects are identified that fall outside the agreed scope of works, Napkin Group Ltd trading as 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 Napkin Group Ltd trading as 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, Napkin Group Ltd trading as Fire Door Survey accepts no responsibility for their suitability or certification.

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, Napkin Group Ltd trading as 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, Napkin Group Ltd trading as 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 Napkin Group Ltd trading as 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 Napkin Group Ltd trading as Fire Door Survey within a reasonable period after completion.

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

26. Payment Terms

26.1 Payment shall be made in accordance with the quotation or invoice issued by Napkin Group Ltd trading as Fire Door Survey.

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

26.3 Napkin Group Ltd trading as 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 Napkin Group Ltd trading as Fire Door Survey until payment has been received in full.

27. Late Payment

27.1 Napkin Group Ltd trading as 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 Napkin Group Ltd trading as 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 Photographs remain the property of Napkin Group Ltd trading as Fire Door Survey unless otherwise agreed in writing.

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 Napkin Group Ltd trading as 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, Napkin Group Ltd trading as 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, Napkin Group Ltd trading as Fire Door Survey accepts no responsibility for:

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

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

32. Insurance

32.1 Napkin Group Ltd trading as Fire Door Survey maintains appropriate insurance cover for the services provided.

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

33. Limitation of Liability

33.1 Napkin Group Ltd trading as Fire Door Survey shall exercise reasonable skill and care in carrying out the Works.

33.2 Except where liability cannot legally be excluded, Napkin Group Ltd trading as Fire Door Survey shall not be liable for:

* hidden defects;
* pre-existing damage;
* structural movement;
* deterioration occurring after completion;
* defects arising from subsequent misuse;
* alterations carried out by others;
* failure by the Customer to maintain the fire door;
* consequential or indirect losses;
* loss of profits;
* business interruption;
* loss of rental income;
* loss of contracts;
* loss of opportunity.

33.3 Napkin Group Ltd trading as Fire Door Survey shall not be liable for damage caused by concealed pipes, cables, services or other hidden installations not disclosed prior to commencement.

33.4 Nothing within these Terms excludes liability for death or personal injury caused by negligence, fraud or any liability that cannot legally be excluded under the laws of England and Wales.

33.5 Subject to Clause 33.4, 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.

34. Warranty

34.1 Napkin Group Ltd trading as 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 Napkin Group Ltd trading as 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 Napkin Group Ltd trading as Fire Door Survey within a reasonable time after the defect becomes apparent.

34.5 Napkin Group Ltd trading as 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 Napkin Group Ltd trading as 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 Napkin Group Ltd trading as Fire Door Survey in writing as soon as reasonably practicable.

36.2 Napkin Group Ltd trading as Fire Door Survey will investigate all complaints fairly and aim to respond within a reasonable period.

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

37. Data Protection

37.1 Napkin Group Ltd trading as 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 Napkin Group Ltd trading as Fire Door Survey remain the intellectual property of Napkin Group Ltd trading as 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 Napkin Group Ltd trading as 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 Napkin Group Ltd trading as 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 exclusive jurisdiction of the courts of England and Wales.

END OF TERMS & CONDITIONS