Terms and Conditions
Application and entire agreement
1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by James D. O’Meara (we or us) to the person buying the services (you).
2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4. A “business day” means any day other than a Saturday, Sunday or Bank Holiday in England and Wales.
5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
6. Words imparting the singular number shall include the plural and vice-versa.
7. We warrant that we will use reasonable care and skill in our performance of the Services which will comply with quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
8. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
9. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.
10. You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide Services.
11. If you do not comply with clause 10, we can terminate the Services.
12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provision of this section (Your obligations).
13. The fees (Fees) for the Services are set out in the quotation and are on a time and material basis.
14. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotels costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
15. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
16. The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
Court Appearance Fee
A standard fee of £250 is charged in the event that a court appearance has been requested. This fee secures our attendance on site for up to 8hrs, the fee does not include travelling and or accommodation expenses. Any additional time on site is invoiced accordingly and the rate of which is agreed and established at least seven working days prior to the scheduled court date.
Onsite consultation/witness appearance
A client/third party operator may deem it appropriate and or necessary to request the attendance of British Standards Inspections during subsequent onsite examinations and investigations. Should this be an agreed development of proceedings a standard fee of £50.00 per hour is charged (excluding travelling and or accommodation cost).
British Standards Inspections charge a set fee of £1.00 per mile to attend site (both directions) outside of the Oxfordshire district. This fee will be open to negotiation should train or air travel be factored into arrangements and the details of which agreed upon by both parties.
Cancellation and amendment
17. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 30 days from the date of the quotation, (unless the quotation has been withdrawn).
18. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
19. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
20. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
21. We will invoice you for payment of the Fees either:
a. When we have completed the Service; or
b. On the invoice dates set out in the quotation.
22. You must pay the Fees within 1 day of the date of our invoice or otherwise in accordance with ay credit terms agreed between us.
23. Time for payment shall be of the essence of the Contract.
24. Without limiting any other right or remedy we have for statutory interest, if you for not pay within the period set out above, we will charge you interest at the rate of 5% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
25. All payments due under these Terms and Conditions must be made in full without any deductions or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
26. If you not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
27. Receipts for payment will be issued by us only at your request.
28. All payments must be made in British Pounds unless otherwise agrees in writing between us.
Sub-Contracting and assignment
29. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all our obligations to any third party.
30. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
31. We can terminate the provision of the Services immediately if you:
a. commit a material breach of your obligations under these Terms and Conditions; or
b. fail to make pay any amount due under the Contract on the due date for payment; or
c. are or become or, in our reasonable opinion, are about to become, the subject of bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
d. enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
e. convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para.14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
32. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and indemnity
33. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
34. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
35. We are not liable (whether caused by your employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses or;
b. any loss of profits; loss anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
36. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
37. Nothing in these Terms and Conditions shall limit or excuse our liability for death or personal injury caused by your negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to excuse or limit liability.
38. When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
39. The parties agree that where such processing of personal data takes place, the Customer shall be the ‘data controller’ and the Service Provider shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
40. For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ’Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
41. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing and Personal Data for its own or for any third party’s purposes.
42. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict “need-to-know” basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
43. The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
44. Further information about the Service Provider’s approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can contact Sophia Specialists at the following e-mail address:
Circumstances beyond a party’s control
45. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
46. All notices under these Terms and Conditions must be in writing and signed by, or on behalf, the party giving notice (or a duty authorised officer of that party).
47. Notices shall be deemed to have been duly given:
a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
c.on the fifth business day following mailing, if mailed by national ordinary mail;
d. on the tenth business day following mailing, if mailed by airmail.
48. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.
49. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
50. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Law and Jurisdiction
51. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Complaints Policy and Procedure
British Standards Inspections by James D. O’Meara is committed to providing a quality service for its clients. One of the ways in which we can continue to improve our service is by listening and responding to the views of our clients and associates, and in particular by responding positively to complaints, and by putting mistakes right.
Therefore, we aim to ensure that:
making a complaint is as easy as possible;
we treat a complaint as a clear expression of dissatisfaction with our service which calls for an immediate response;
we deal with it promptly, politely and, when appropriate, confidentially;
we respond in the right way - for example, with an explanation, or an apology when we have got things wrong.
we learn from complaints, use them to improve our service, and review annually our complaints policy and procedures.
We recognise that many concerns will be raised informally and dealt with quickly. Our aims are to:
resolve informal concerns quickly;
keep matters low-key;
enable mediation between the complainant and the individual to whom the complaint has been referred.
An informal approach is appropriate when it can be achieved. But if concerns cannot be satisfactorily resolved informally, then the formal complaints procedure should be followed.
Definition: British Standards Inspections by James D. O’Meara defines a complaint as 'any expression of dissatisfaction (with British Standards Inspections by James D. O’Meara) that relates to British Standards Inspections by James D. O’Meara and that requires a formal response'.
Purpose: The formal complaints procedure is intended to ensure that all complaints are handled fairly, consistently and wherever possible resolved to the complainant's satisfaction.
British Standards Inspections by James D. O’Meara responsibility will be to:
acknowledge the formal complaint in writing;
respond within a stated period of time;
deal reasonably and sensitively with the complaint;
take action where appropriate.
A complainant's responsibility is to:
bring their complaint, in writing, to British Standards Inspections by James D. O’Meara attention, ideally within 7 days of the issue arising;
raise concerns promptly and directly with British Standards Inspections by James D. O’Meara;
explain the problem as clearly and as fully as possible, including any action taken to date;
allow British Standards Inspections by James D. O’Meara a reasonable time to deal with the matter;
recognise that some circumstances may be beyond the control of British Standards Inspections by James D. O’Meara.
Responsibility for Action: James D. O’Meara.
Confidentiality: Except in exceptional circumstances, every attempt will be made to ensure that both the complainant and British Standards Inspections by James D. O’Meara maintain confidentiality. However, the circumstances giving rise to the complaint may be such that it may not be possible to maintain confidentiality (with each complaint judged on its own merit). Should this be the case, the situation will be explained to the complainant.
Formal Complaints Procedure
In the first instance, if you are unable to resolve the issue informally, you should write to James D. O’Meara British Standards Inspections, so that he has a chance to put things right. In your letter, you should set out the details of your complaint, the consequences for you as a result, and the remedy you are seeking.
You can expect your complaint to be acknowledged within 2 working days of receipt. You should get a response and an explanation within 7 working days.
Our contact details can be found on the Contact section of the British Standards Inspections by James D. O’Meara Website.