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The Contracting Party is the individual, entity, or company for whom 'The Omega Group' or 'Omega' performs Work, Services, Testing, or supplies Goods.
1.1 The 'Omega Group's' Terms and Conditions take priority over 'The Client' Terms and Conditions as 'The Omega Group' performs the Work, Services, Testing, or supplies Goods.
2.1 By accepting Work, Services, Testing, or Goods from 'The Omega Group,' 'The Client' agrees to the Terms and Conditions outlined in this document. These Terms set the rights and responsibilities of both parties. 'The Client' should review and fully understand these Terms before acceptance. Proceeding confirms their understanding and legally binds them to the Terms.
3.1 'The Omega Group' can modify these Terms and Conditions without prior notice. The latest updates will be available at www.theomegagroup.co.uk.
4.1 'The Omega Group' maintains high insurance standards, including five (5) million in Public Liability insurance and ten (10) million in Employers' Liability insurance. You can view and download insurance policies from the client resources portal. As 'The Client', you agree to indemnify 'The Omega Group' for any claims resulting from your actions or omissions.
5.1 'The Omega Group' reserves the right to monitor and record all video and audio resulting from telephone communications, video conferences, remote support sessions, CCTV footage, face-to-face meetings, consultancy, audits, training sessions, and any media created or obtained through internet or phone platforms. All recordings are securely stored for internal use and will not be shared, sold, or distributed outside of 'The Omega Group' companies. 'The Client' personnel can request the deletion of any recording with their personal information by GDPR.
6.1 All visitors exceeding the reception threshold at the 'The Omega Group' laboratories must read and sign a non-disclosure agreement (NDA). Photography, video and audio recording are strictly prohibited. 'The Omega Group' reserves the right to place non-residue security stickers over your device(s) camera lens(s). Visitors must remain accompanied during their visit at all times.
7.1 Data protection and confidentiality are the highest priority at 'The Omega Group'. 'The Omega Group' exclusively provides test reports, records, documents, electronic media, files, and any other materials produced by 'The Omega Group' or Partner Laboratories for the exclusive use of 'The Client' and 'Individuals or third parties' authorised by 'The Client'. 'The Omega Group' will not disclose or discuss 'The Client' account information with anybody unless authorised in writing by 'The Client' or an authority such as the Health & Safety Executive (HSE) or by court order.
8.1. Photography of 'The Omega Group' personnel, notes, smart devices, or in-progress tests is prohibited unless prior authorisation is given by 'The Omega Group' and 'The Client'. Consultants and third parties must seek the permission of 'The Client' before approaching 'The Omega Group' personnel for information and test data.
9.1 All video, audio, documents and associated media created for 'The Client' become their exclusive property upon receipt of payment. 'The Client' agrees to indemnify 'The Omega Group' against any claims related to unauthorised data access or breaches by third parties.
10.1 'The Omega Group' will retain all test reports, records, documents, electronic media, files, and other materials for at least six (6) years, excluding test videos. 'The Omega Group' uses SSL technology, encryption, and protected platforms to safeguard the privacy and security of 'The Client' information and data.
10.2 All data is securely stored on platforms that adhere to GDPR, utilising servers globally and within Europe. However, it is essential to note that 'The Omega Group' will not be held liable for any loss or damage to 'The Client' data, information, or media.
11.1 No individual or organisation, including 'The Client,' 'Ex-Client,' 'Third-Party,' or any other 'Entity,' can use editing software to alter any genuine test report or document issued by 'The Omega Group.' Unauthorised modifications or fraudulent changes will be identified through the advanced technology embedded within each document to detect counterfeit test reports and false information.
11.2 If any test reports or documents are non-genuine or contain false information, 'The Omega Group' will thoroughly investigate and inform the relevant authorities, affected clients, and third parties. The party responsible for fraudulent activities will be liable for all investigation costs and damages, which start at a minimum of 5,000.00 GBP plus VAT.
12.1 'The Omega Group' provides a free weekly collection service in select regions of the UK, but only when a minimum number of samples is collected per visit. The required number and other conditions depend on 'The Client' account terms. It is crucial to understand that any additional samples collected during the service deemed surplus will incur charges at the standard client account rate. This is due to associated transportation, processing, tank allocation, and heating costs.
12.2 'The Omega Group' internal cube collection service operates from 7:00 am to 7:00 pm, Monday through Friday. 'The Omega Group' reserves the right to either cancel a scheduled collection or defer it to a later date due to circumstances beyond their control, including vehicle and personnel issues or events classified as 'Acts of God.' 'The Omega Group' is committed to keeping 'The Client' informed at all times regarding any changes to the collection schedule.
12.3 If personnel from 'The Omega Group' cannot access the designated collection location or site due to a lack of prior notification from 'The Client' regarding any necessary prerequisites. A cancellation fee will be imposed in that case, reflecting a non-fault situation.
12.4 When 'The Client' has arranged a complimentary scheduled collection, non-fault collection charges will be implemented if personnel from 'The Omega Group' cannot gain access upon arrival or obtain samples between 7:00 am and 7:00 pm. The applied charge will equal the minimum cube collections per visit for 'The Client' account and site.
12.5 In certain instances, 'The Omega Group' may be unable to provide an internal collection service due to workload or geographic limitations. In these situations, 'The Omega Group' will utilise a third-party courier service, such as DPD, TNT, or UK Pallets, based on the weight of the samples in question. Before booking, 'The Client' will be informed of any applicable charges, and confirmation will be secured on behalf of 'The Client.'
12.6 'The Omega Group' successfully conducts ninety-nine-point-eight per cent of cube collections (99.8%). They are committed to accommodating 'The Client' requests whenever possible. Additional charges may be applicable for timed or tailored collections. 'The Omega Group' reserves the right to modify or discontinue the nationwide collection service without prior written notification.
12.7 Meeting the minimum requirement for cube samples collected per visit is essential to qualify for complimentary collection services. For instance, if the minimum requirement is set at eight samples and only five are collected, 'The Omega Group' will invoice the full eight samples. The specific minimum requirements for collection services can be found in 'The Client' invoices. Please be advised that determinations regarding complementary versus charged collections will be evaluated case-by-case.
12.8 Additional charges or waiting time may be applied if the samples are not prepared or require removal from the moulds upon arrival at the designated collection location.
12.9 'The Omega Group' is not responsible for any losses, including time and financial costs, resulting from lost or damaged test samples or goods during transit, regardless of the courier or transportation method used.
12.10 While 'The Omega Group' facilitates courier collections and deliveries with the utmost diligence, it is essential to recognise that the courier companies they engage are third-party service providers over whom they do not have direct control. Their ability to monitor delays, losses, and updates relies heavily on the accurate tracking numbers provided and the support of customer service agents.
12.11 If courier services experience unforeseen disruptions, 'The Omega Group' is committed to resolving any issues promptly, keeping 'The Client' informed throughout the process. However, please be advised that as delays, damages, or losses do not stem from actions taken by 'The Omega Group', they will not consider compensation claims.
13.1 Cube moulds and testing equipment are sometimes provided or left on-site for 'The Client's' benefit. In the event of any damage, loss, or improper use of the equipment while in the possession of 'The Client,' 'The Omega Group' will implement charges for the repair, replacement, or reimbursement of the equipment or asset will also include any associated costs for shipping, handling, and calibration.
14.1 'The Omega Group' may, at times, send samples of concrete, materials, chemicals, or water to partner laboratories that hold UKAS accreditation for the necessary testing to be completed. Outsourcing will only occur when the required test(s) is outside the scope of 'The Omega Group's' UKAS accreditation.
14.2 If test samples are sent to partner laboratories, 'The Client' will be notified in writing via email, recorded telephone calls, or stated on their quotation. 'The Omega Group' remains the primary point of contact for 'The Client'.
15.1 If cube samples do not have the necessary accompanying paperwork, they will be placed into a temperature-controlled holding water tank. 'The Omega Group' will email the contacts listed on 'The Client' account, requesting the required data. The processing of the cube samples will commence once the necessary information has been obtained.
15.2 'The Omega Group' will email four (4) data requests over four (4) weeks to contacts on the 'The Client' account. If the requested information is not received within seven (7) days following the final data request, 'The Omega Group' will proceed with disposing of the samples, which is irreversible.
16.1 'The Client' must use the latest version of 'The Omega Group' cube data sheet available on the client resource portal. To avoid data entry errors, 'The Omega Group' requires that all data sheets be clear and legible. Data sheets should preferably be filled out using a computer or smartphone rather than handwritten.
17.1 If "The Client" wishes to change any information on their test reports or associated documentation, they must submit a data change request using the dedicated, secure, and user-friendly online form provided by "The Omega Group." Please note that data changes cannot be requested via telephone, text messages, WhatsApp, live chat, social media platforms, or emails to 'The Omega Group' helpdesk or central email system.
17.2 At the top of the test reports, 'The Client' will find and click a blue hyperlink that states, "Is any information incorrect or missing? Request a change via this report's unique link."
17.3 Any changes made will be documented on page two (2) of test reports, with the corresponding revision number and reissued via email. Please allow forty-eight (48) hours for data change completion.
18.1 'The Omega Group' is pleased to offer a free recording cube compressive testing service, utilising their in-house proprietary technology. Please be advised that this service does not fall under the scope of their UKAS accreditation. 'The Omega Group' reserves the right to suspend video recording and photography in case of technical difficulties or media corruption beyond their control. While 'The Omega Group' strive to ensure the availability of their services, they cannot guarantee the recording of test specimens.
18.2 Test videos and photos are uploaded and stored on secure cloud servers. They will be available twelve (12) months from the test date, after which they will be permanently deleted, which is not reversible. 'The Omega Group' uses reliable cloud storage platforms like Dropbox, Google Drive, and Zoho WorkDrive to protect 'The Client's' data.
19.1 All collected samples, including 'spare' samples that are not tested, will be discarded and will incur a charge. 'The Omega Group' will store the concrete cube samples and related materials under controlled conditions until the testing date.
19.2 Cube samples that do not meet the specified strength requirements at 28 days or beyond will be retained for 30 days from the testing date and stored in a dry and secure location. Cube samples tested before 28 days will be discarded immediately, irrespective of the test results, as such samples are solely intended to assess strength and growth rate. Furthermore, if 'The Client' does not provide a target strength for the batch in writing, all cube samples related to that batch will be discarded on the testing day, regardless of the strength achieved.
19.3 After all samples for a batch have completed compressive testing, a PDF summary will be automatically generated. An email will be sent to 'The Client' and authorised contacts to indicate if spare samples remain. If spare samples exist, 'The Client' can respond to the email with the age(s) for testing. The remaining spare samples will be discarded if no response is received by the 30th day of the completion summary being issued, which is irreversible.
20.1 All testing data is securely uploaded to 'The Omega Group' cloud-based testing platform. 'The Omega Group' personnel submits results using company-secured mobile devices to maintain data integrity. After testing, they send proof of delivery via email to 'The Client' for their records and billing.
21.1 If the works haven't commenced, or they are delayed after the arrival of 'The Omega Group' on the site as per the date and time specified by 'The Client', then waiting time charges will apply. Waiting time charges are assessed case-by-case at the time of billing.
22.1 All services operate within a standard eight (8) hour workday, including travel time. If personnel work beyond eight hours, a fixed hourly rate will apply.
23.1 'The Omega Group' offers on-site and laboratory testing services during evenings, nights, and weekends, subject to personnel availability. To request these out-of-hours testing services, please provide at least forty-eight (48) hours' notice between 9:00 am - 5:00 pm, Monday to Friday. Additional fees will apply.
24.1 'The Omega Group' utilise route planning software, such as Google Maps and Waze, to estimate mileage during the quotation and estimation process. Clarifying that these estimates serve only as a preliminary guide is essential. Their team relies on the final mileage recorded directly from the vehicle's odometer. This approach accounts for potential diversions, unforeseen incidents, and unavoidable road conditions and road closures that may arise during the journey to and from 'The Client' site(s), which route planning software may not capture.
25.1 Prices in the Quotation or Estimate are final. 'The Omega Group' reserves the right to amend any inadvertent errors or inaccuracies in pricing or information that may have been provided to 'The Client'.
26.1 To use 'The Omega Group' services and products, 'The Client' must complete a secure online trade account application form. A link to the application will be included in the quotation email sent to 'The Client'.
26.2 'The Omega Group' performs comprehensive credit and background checks for all new trade account applications. Depending on the results, some applicants may not qualify for credit. In those cases, a pay-as-you-go account will be set up, and a pro forma invoice will be provided to request payment before work begins.
26.3 'The Omega Group' evaluates credit lines and limits for 'The Client' based on set criteria. The senior management team makes the final decision on credit applications, which may differ from the initial request made during the trade account application. The approved credit limit could be lower than what was initially requested.
26.4 'The Omega Group' reserves the right to provide goods or testing services to individuals, entities, or organisations based on previous relationships, payment history, or undisclosed factors.
26.5 'When evaluating new trade account credit applications, 'The Omega Group' consults multiple agencies, including Creditsafe, Equifax, Experian, VIES, HMRC, and Companies House. The credit and company checks are soft searches and won't appear as hard searches in official records.
26.6 To obtain a copy of your information from 'The Omega Group,' please submit a written request. An administration fee of £14.95 plus VAT must be paid in advance.
27.1 'The Omega Group' actively monitors 'The Client's' business operations, associations, and financial status through official agencies as part of their comprehensive risk analysis strategy. They can withdraw credit facilities without notice if there are changes in 'The Client's' financial situation, ongoing legal issues, or new information. Senior management will review the account based on 'The Client' payment history, current relationship, and the latest information that has become available.
28.1 Before the personnel from 'The Omega Group' arrive at the designated work location, they must be fully informed about all relevant site policies, procedures, and specific requirements. 'The Client' is tasked with providing 'The Omega Group' with detailed information regarding the sector related to the booking, which may include commercial, aviation, nuclear, retail, education, construction, healthcare, industrial, residential, transport, agriculture, rail, military installations, or government facilities. Specific sectors may necessitate security background checks, licenses, and special permits, which can require additional time for completion and acquisition. 'The Client' is responsible for communicating this information in writing and ensuring that 'The Omega Group' is informed about the sector and its associated requirements.
28.2 The Client is responsible for requesting all necessary documentation, including the Risk Assessment and Method Statement (RAMS), personnel background checks, CSCS information, and insurance policies, before the commencement of the work.
28.3 In the event that certain documents are not requested, 'The Omega Group' accepts no liability for any financial losses, delays, or cancellation fees that may arise as a result.
29.1 It is crucial to emphasise that 'The Client' is responsible for settling the invoice amounts by the account terms and the specified payment due date indicated on the invoice(s). The full amount stated on each invoice should be paid without deductions or discounts. Credit account payment terms are strictly net 30 days from the invoice date.
29.2 'The Client' must pay the full invoice amount by the due date specified on the invoice(s). Payments are due within 30 days net from the invoice date. The full amount stated on the invoice(s) should be paid without deductions or discounts.
29.3 The Construction Industry Scheme (CIS) does not apply to any work, testing services, goods, or labour provided by 'The Omega Group'.
29.4 'The Omega Group' does not accept cheque payments under any circumstances. Submitted cheques will not be returned and will be destroyed to prevent cashing. Bank transfer payment details are included at the bottom of the invoices for your convenience.
30.1 If 'The Client' has any concerns about an invoice, they must email 'The Omega Group' within seven (7) working days at team@theomegagroup.co.uk. 'The Client' should also promptly pay any undisputed portion of the invoice by the specified due date as stated on the invoice.
31.1 Test specimens such as concrete, materials, cement, and chemicals will incur extended storage fees if retained on 'The Client' instruction and beyond our standard storage period. Please get in touch with a team member for more information.
32.1 Payment terms for 'The Omega Group' credit accounts are net 30 days. The invoice will specify the due date. If payment is overdue, 'The Omega Group' will start debt collection procedures as outlined below.
32.2 'Client' accounts with overdue invoices will be placed on level-one hold. Test reports, documentation, and media will not be issued during this time.
32.3 Accounts with invoices overdue by sixty (60) days will be placed on a level-two hold. All site and laboratory testing and collections will be suspended immediately. Test reports, documentation, and media will not be released. Credit lines will be halted, and statutory interest may be applied under the 'Late Payment of Commercial Debts (Interest) Act 1998.' Invoices will be adjusted and reissued as needed.
32.4 Accounts with invoices overdue by ninety (90) days will remain on level-two hold. Consequently, all site and laboratory testing, as well as collections, will continue to be suspended. 'The Omega Group' will make every effort to communicate with 'The Client', supplemented by automated reminder emails, to address any issues and facilitate payment. 'The Client' account will be passed to a designated debt collection agency if payment is not received. The debt collection agency will add extra fees to the invoice, which 'The Client' will be responsible for.
32.5 Once payment is cleared, any withheld test reports, documents, and media will be emailed to 'The Client' within 48 hours. Site, laboratory, and collection services will then resume. If necessary, 'The Omega Group' may remove the line of credit and convert 'The Client' account to pay as you go (PAYG).
33.1 'The Omega Group' has a clear policy for booking cancellations. If 'The Client' needs to cancel a booking, they must provide a minimum of one (1) working day's notice before the work is due to start to avoid any cancellation fees. If the work is due to begin on a Monday, 'The Omega Group' must receive cancellation notice in writing by 5:00 pm on the preceding Thursday.
33.2 'The Omega Group' reserves the right to cancel, postpone or re-schedule a job if the 'The Omega Group' personnel is involved in a road traffic collision or cannot continue their journey to the specified job location. 'The Client' will be informed by telephone within thirty (30) minutes. 'The Omega Group' will send another personnel member if they can do so.
33.3 It is 'The Client's' responsibility to notify 'The Omega Group' in writing of any changes or cancellations during office hours, from 9:00 am to 5:00 pm, Monday to Friday. Please be aware that failure to provide such notifications may result in cancellation fees.
33.4 To cancel a booking, please submit a written request via email to team@theomegagroup.co.uk. Upon receipt of your request, one of the team will respond to acknowledge the cancellation officially.
33.5 If one of 'The Omega Group's' personnel is already on their way to 'The Client' specified location and 'The Client' cancels the job, a cancellation fee will apply. The cancellation fee will exclude the total mileage covered up to the point of cancellation, any waiting time (if applicable), and travel time back to 'The Omega Group' originating laboratory.
33.6 A non-fault cancellation fee will apply if 'The Omega Group' personnel cannot access the booking location due to a lack of information from 'The Client'.
34.1 If a force majeure situation lasts more than ninety (90) days, either 'The Omega Group' or 'The Client' can terminate the work with written or email notice. 'The Omega Group' will charge 'The Client' for any work completed before the force majeure event at the quoted rates. Additionally, any fees or expenses incurred during the force majeure will be invoiced at standard rates unless a different written agreement is made.
35.1 It is 'The Client's' responsibility to notify 'The Omega Group' in writing of any changes or cancellations during office hours, from 9:00 am to 5:00 pm, Monday to Friday. Please be aware that failure to provide such notifications may result in cancellation fees.