The following terms of business apply to all contracts between LDS Leak Detection Specialists Ltd and “the Customer”. Acceptance of this proposal and commissioning of a survey will be taken as acceptance of these terms of business unless otherwise agreed in writing before commencing the work.
Fees & Invoicing
1. Fees agreed will be due on the day the survey takes place and are payable on site by means of card, cash, cheque, BACs or other arranged method once our engineer has completed the survey, unless agreed otherwise in writing and agreed by both parties. The fee payable is for the survey until the leak is located (up to a maximum of seven hours on site). The fee remains fixed and is non-negotiable no matter how long our engineer is in attendance on site.
2. VAT at the current government rate on the day of the survey will be charged as applicable.
3. LDS Leak Detection Specialists Ltd will be entitled to charge interest on all sums outstanding at a rate of 4% per month calculated on a daily basis payable from the invoice date until the date of payment of the outstanding amount in full.
4. Any quotation for a survey made by LDS Leak Detection Specialists Ltd will remain valid for two months from the quotation date.
5. LDS Leak Detection Specialists Ltd reserves the right to adjust the fees, if the client has not provided the full and correct information for the survey when booked. In the event that the survey proposal is altered after the survey is commissioned, a quote for any extra works will be discussed with “the Customer” and a price given verbally to “the Customer” on site before continuing.
Facility & Property Management terms of payment
6. The customer (Facility & Property Management Company) shall pay for the leak detection survey conducted by LDS Leak Detection Specialists Ltd (LDS Ltd) in accordance with the fee stated on the quotation, within 30 days of the date of invoice unless agreed otherwise in writing. Interest will be charged on all accounts not paid when due at a rate of 4% per month. Failure to pay will result in legal action being taken for recovery of the debt.
Please note:
The contract is between LDS Leak Detection Specialists Ltd and the customer (Facility & Property Management Company). If the customer arranges for a tenant/landlord/insurance company or loss adjuster to make a payment then this must also be received by LDS Leak Detection Specialists Ltd with an accompanying remittance advice within 30 days. LDS Leak Detection Specialists Ltd will not undertake any additional debt chasing with third parties or wait for an insurance claim to be settled.
Confirmation, cancellation & termination
7. LDS Leak Detection Specialists Ltd requires written/verbal confirmation to commence a survey. Once the survey has been confirmed, the cancellation charges set out below will apply.
8. If the survey is cancelled by “the Customer” at any time up to one day (24 hours) prior to commencing the survey no charges will apply unless costs specific to the survey have been incurred by LDS. “The Customer” will be liable to LDS Leak Detection Specialists Ltd for any and all direct and indirect expenses and costs incurred by its officers, agents or employees and any loss of earnings or any other loss whatsoever. Within 24 hours of the agreed time and date of the survey, a 65% charge of the original quotation will be incurred by “the Customer”. Should the survey have to be aborted once our engineer is on site due to lack of agreed access being available, a 25% charge of the original quotation will be incurred by “the Customer”.
9. Either LDS Leak Detection Specialists Ltd or “the Customer” may terminate this agreement at any time by written notice to the other if the other party goes into liquidation, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed over all or part of its business.
Cost assumptions
10. The quotation is an estimate of our time and/or materials based on information given by you “the Customer”. If the survey objectives or requirements or the assumptions on which the quotation is based change in any way, LDS Leak Detection Specialists Ltd reserves the right to review the agreed fee. If any additional surveys are required, they will be chargeable and a written quotation will be given prior to the start of any works.
11. LDS Leak Detection Specialists Ltd cannot accept any responsibility for delays caused by weather, transport difficulties, industrial action or any other circumstances beyond its control.
12. The fees include one full written report including colour photos and a receipt of payment. Any additional reports requested by “the Customer” will be charged at a nominal rate.
13. If there are any special vehicle parking, toll or congestion charges applicable to “the Customers” site, extra charges may be incurred, you will be informed on your quotation if necessary.
Working practice
14. LDS Leak Detection Specialists Ltd use reasonable endeavours to locate leak/s providing specialist equipment to indicate the location of the leak/s. However, some building fabrics and construction types may affect the reliability/accuracy of the results of certain tests. In these instances, a general area will have to be marked by our engineer.
15. LDS Leak Detection Specialists Ltd will carry out testing to pipework and connected apparatus within the limits set out in the manufacturer’s guidelines. LDS Ltd will not be held responsible for any pipework or apparatus connected/related to the installation being tested that fails within the manufacturer’s guidelines at the time of the survey.
16. Any pumping required maintaining dry access points to the pipeline will be the responsibility of “the Customer”.
17. Our quotation excludes any excavation works, making good, repairs, decorating and painting etc… unless agreed in writing on our quotation.
18. We cannot guarantee any section or part of the installation being tested either during or after a survey has been completed.
19. Except in respect of death or personal injury, LDS Leak Detection Specialists Ltd shall not be liable to you by reason of any representation (unless fraudulent), or any term (express or implied) of our agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims which arise out of or in connection with the survey or the use of the results of the survey by you, and the entire liability of LDS Leak Detection Specialists Ltd under or in connection with the agreement shall not exceed £300,000 (the limit of our professional indemnity insurance) in respect of any claim or series of connected claims.
20. If a “day rate” is agreed upon by LDS Leak Detection Specialists Ltd and “the Customer” the “day” is limited to a maximum of seven hours on site. This includes recommissioning of any part of the installation.
21. If, after excavation of a marked area that takes place based on our recommendations and “the Customer” requests a “revisit” because the leak is not visible where our engineer suggested on the first survey, full credit/debit card details will be required before booking the “revisit”. During the “revisit” if the leak is again identified by our engineer within a 0.75m radius from the centre of the area marked on the first survey then a charge of £350 plus VAT will be applicable and charged to the credit card details that were given when booking the “revisit”. This “revisit” fee is non-negotiable and non-refundable. If the leak is identified outside a 0.75m radius on a “revisit” then “the Customer” will incur “no charges” for the “revisit”.
22. Reports provided following our survey are correct at the time of the survey. Recommendations are for guidance purposes only. Due to certain variations and conditions our reports are an indication only and cannot be relied upon to incur any expenditure.
23. Any excavations carried out by “the Customer” based on our recommendations from a survey will remain the responsibility of “the Customer” and LDS Leak Detection Specialists Ltd cannot be held responsible for any damage caused or making good thereof by “the Customer”.
24. LDS Leak Detection Specialists Ltd and/or our engineer reserves the right to change the method or type of equipment used on site at any time during the survey to suit the ongoing needs or requirements.
25. LDS Leak Detection Specialists Ltd cannot be held responsible for inaccurate testing results with any leak sealant being added into the system prior to our attendance.
Copyright and confidentiality
26. The copyright and all other intellectual property rights whatsoever in any work produced by LDS Leak Detection Specialists Ltd for “the Customer” during the survey including (without limitation) our proposal, debrief documentation and any other materials whether (without limitation) vested, contingent or future shall belong to us absolutely at all times.
27. “The Customer” warrants that any material or information supplied by you and its use by us, will not infringe the copyright or other intellectual property rights of any third party and you will indemnify us against any loss, damages, costs, expenses or other claims arising from any such infringement.
28. “The Customer” undertakes to keep confidential and not disclose to any other person either during or after the termination of this contract any information whatsoever relating to our business, any proposals, methodologies and debrief documentation or other information supplied by us during or before the survey, or make sure of the same in any manner which might be prejudicial to our interests.
29. The findings from LDS Leak Detection Specialists Ltd surveys may only be published, used or quoted elsewhere, with our prior written approval and provided that the findings and work are attributed to LDS.
30. If it is necessary to have goods/materials delivered to site (for the survey) on or before the agreed date of the survey, “the Customer” shall, within reason, supply a “safe” area for the goods/materials to be stored until the agreed date of the survey. Any goods/materials left at “the Customers” site however long the period, will remain “the Customers” liability.
General
31. English law governs the agreement between LDS Leak Detection Specialists Ltd and “the Customer” who agree to submit to the non-exclusive jurisdiction of the English courts.
32. These terms, together with the proposal and proposal confirmation, constitute the entire agreement between both parties, supersede any previous agreements or understandings and all other terms express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
33. A notice required to be served on either of the parties under these terms shall be addressed in writing to the other at its registered office or principal place of business or such other address as may have been notified to the party giving notice pursuant to this term.
34. No failure or delay by us to exercise any of our rights under the agreement shall be deemed to be a waiver of that right, and no waiver of any breach of the agreement shall be considered as a waiver of any subsequent breach of the same or any other provision.
35. If any provision of these terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of these terms and the remainder of the provision in question shall not be affected.
Monitoring Telephone Conversations
Telephone calls through our Head Office, both inbound and outbound, are recorded for training and monitoring purposes and we reserve the right to use recordings as evidence in the process of handling a complaint or in the event of a legal claim.
Thanking you in advance for your valued business.
LDS Leak Detection Specialists Ltd
