Terms and Conditions
Definitions:
The Omega Group
Nationwide Materials Testing Limited (09952712)
The Client
The contracting party for whom the work is performed by The Omega Group.
1.0 Acceptance of Work
1.1 ) By agreeing to works to commence and/or the supply of services and/or goods by The Omega Group, you ‘The Client’ agree wholly to the terms and conditions of The Omega Group as set out in this document.
2.0 Acceptance of our Terms and Conditions
2.1 ) These terms and conditions of appointment apply to all services of The Omega Group and any variation to these terms and conditions and any representations about the services shall have no effect unless expressly agreed in writing and signed by one of the authorised company Directors.
2.2 ) Quotations issued are provisional and based upon the information provided to us on behalf of The Client at the time of the enquiry. The final costs will be measured by the actual quantities received by The Client on an ongoing basis or until the end of the project.
2.3 ) Unless otherwise agreed in writing, the pricing structures and rates set out in any Quotation from The Omega Group will remain valid for a period of thirty calendar days from the date of issue.
3.0 Client Obligations
3.1 ) In consideration of the provision of services or goods supplied, The Client shall become liable to pay our fees, strictly within our payment terms as outlined in correspondance at all times.
3.2 ) The client shall make payment within the payment terms of their account and as shown on the invoice.
3.3 ) In the case of ongoing work, The Omega Group reserve the right to present invoices at the end of each calendar month during the term of our appointment in respect of the services and/or goods provided in each such month.
3.4 ) The Client shall pay the fees without any deductions of any kind. We do not operate within the Construction CIS Scheme.
3.5 ) The Client must ensure that The Omega Group is fully briefed and provided with all necessary and up-to-date information, documentation and equipment so as to be able to perform the work requested.
3.6 ) The Omega Group cannot be held responsible for any losses of either time or financial cost implications if samples are lost or broken in transit.
3.7 ) The Client agrees to indemnify The Omega Group against all claims, for which they may be liable, in relation to acting as The Client’s agent by reason of the acts or omission of The Client and any claims.
3.8 ) If The Client disputes any part of an invoice, The Client will pay the undisputed portion of the invoice without delay and within the stated payment terms on the invoice. In the unlikely event of a dispute, The Omega Group will not be held liable for any loss, damage or consequential loss, delay or disruption, however suffered.
4.0 The Omega Group Obligations
4.1 ) The Omega Group will exercise all reasonable skill, care and diligence in the performance of the work and in accordance with the specifications of the proposal. Works will be carried out in accordance with the current site, health, safety and environmental legislation.
4.2 ) We shall provide the services requested by The Client at the Laboratory or on-site or places where we deem necessary for the due performance of the services.
4.3 ) We shall maintain Public liability (£2 million) and Employers’ liability (£10 million) Insurance. Certificates available upon request.
4.4 ) We accept without limit, liability for death or personal injury resulting from our negligence or that of The Omega Group employees and liability for fraudulent misrepresentation.
4.5 ) We shall be under no obligation to provide collateral warranties or letters of reliance unless previously requested and agreed in writing by an authorised company Director prior to a project commencing. If we do agree to offer the above, an additional charge will apply.
4.6 ) All test reports will be held for a minimum of 6 years. The Omega Group will keep these confidential and secure. Should loss or damage occur to test reports within the 6 years, The Omega Group will not be held liable.
4.7 ) The Client and sub-contractors for whom we act for and on behalf of shall be treated with respect and in a professional manner at all times.
5.0 Confidentiality
5.1 ) Client privacy and data protection is paramount. Test reports and all other records, documents, papers, videos, electronic files and other materials whatsoever originated by us or on our behalf pursuant to this appointment are provided solely for the benefit of The Client and shall not be disclosed to any third party without prior written consent by our client.
5.2 ) Save as otherwise required by law or any regulatory authority, each party undertakes to the other that during and after the currency of this appointment it shall keep confidential and shall not without the prior written consent of the other party disclose to any third party any confidential information.
6.0 Cancellation
6.1 ) The Omega Group operates a cancellation policy whereby cancellation charges are applied if the booking scheduled and due to take place the next day is cancelled after 2:00 pm on the previous day. There is no charge when cancellation occurs prior to 2:00 pm on the previous day to the job taking place. Although, The Omega Group make all efforts to confirm job statuses, The Client has the sole responsibility to ensure The Omega Group is aware of cancellations and changes. Although in most cases a telephone call is made to advise of changes, written confirmation is also required.
6.2 ) Cancellation must be submitted in writing to sales@theomegagroup.co.uk. Only upon receipt of reply from The Omega Group personnel will your scheduled job be confirmed as cancelled. Cancellation charges will be applied to The Client account and invoiced at the end of the month, if incurred.
6.3 ) If a technician is on route to a site as instructed by The Client and the scheduled job is cancelled by The Client or sub-contractor for any reason and no works have been carried out, The Omega Group will charge a cancellation fee, total mileage in which has been accrued up to the point of cancellation and return mileage back to The Omega Group, waiting time, if any, and time it has taken the technician to travel and return to The Omega Group.
7.0 Waiting Time
7.1 ) The Omega Group will charge ‘waiting time’ if, after arriving on site on the date and time as specified by The Client, and works have not commenced or are delayed for any reason, we shall allow 60 Minutes free of charge waiting time. If, after 60 Minutes, works have not commenced, charges based upon each hour or part hour thereof that pass will apply.
8.0 Out of Hours Services
8.1 ) The Omega Group is able to operate in evenings and weekends, on-site and in our Laboratories and subject to personnel availability. This service is only available with a minimum of 48 hours’ written notice request, e-mailed to sales@theomegagroup.co.uk.
8.2 ) Requests for out of hours’ work must be received within our standard office operating hours between 9:00 am to 5:00 pm, Monday to Friday. Only upon written confirmation from The Omega Group shall the out of hours’ request be confirmed and booked by way of an e-mail reply. All services performed outside our normal operating hours will be subject to additional charges which shall be confirmed upon booking confirmation.
9.0 Site Prerequisites and Restrictions
9.1 ) The Omega Group must be made aware of all site policies, procedures and special requirements prior to technician arrival. The Client must make The Omega Group aware if the site is nuclear, airport or aviation facility, school, university, government facility, armed forces base or highway, which will require additional personnel and company background checks to be completed in advance and in some cases, licenses and permits. If The Omega Group is not made aware in advance in writing of site type and/or requirements as defined which in turn prohibit access and job completion, non-fault cancellation and additional charges will apply.
10.0 On-Site Services
10.1 ) Slump testing is included in the price of onsite cube manufacture, however, if a slump test is carried out on wet concrete by a technician from The Omega Group, and the batched concrete load is rejected or not used due to being out of the specification or other reason(s) beyond the control of The Omega Group, and cube samples are not manufactured from that batch, charges will apply.
10.2 ) Mileage readings are taken directly from the vehicle odometer by personnel to take into account diversions and unavoidable road situations and conditions which may occur. The initial mileage as stated in The Client Quotation is a guide and based on route planning software. Final mileage will be calculated from vehicle odometer readings from personnel and applied The Client
10.3 ) Work submissions are securely transmitted remotely from employee devices. Each submission is assigned a unique number and must be signed for by The Client or Sub-contractor, once The Omega Group personnel have completed the requested works. A copy can be sent electronically upon client request.
11.0 Collection Services
11.1 ) The Omega Group offer a free of charge weekly collection service in certain areas and routes. A minimum of eight (8) cube samples will be chargeable on each visit to entitle free of charge collection. For example: If 5 cube samples are collected, 8 cube samples will be charged for.
11.2 ) This service runs from Monday to Friday between the hours of 7:00 am to 6:00 pm and carried out internally by The Omega Group own insured personnel. If a timed or bespoke collection is required, additional costs will apply. The Omega Group reserve the right to withdraw or amend this service without prior written notification, at any time.
11.3 ) In cases where a scheduled free collection has been booked by The Client and personnel from The Omega Group is unable to gain entry upon arrival, between the hours of 7:00 am and 6:00 pm, non-fault collection charges will apply.
11.4 ) In rare cases, to enable the collection to be completed, a third (3rd) party courier and delivery service may be offered and utilised. In these cases, The Omega Group will make The Client aware of any additional charges which may apply prior to confirmation and booking.
12.0 Overdue Invoices
12.1 ) Our payment terms are strictly 30 Days net (excluding pro rata accounts) unless agreed by prior agreement and authorised by a Director. If payment is not received within and/or by 30 Days net and invoice(s) become past due, The Omega Group will initiate their debt collection procedures as outlined below:
12.2 ) In the first instance, an e-mail will be issued to all directors, decision makers and relevant persons whose e-mail accounts we hold on file for The Client company, informing of late payment and requesting payment to be made. The Past due invoice(s) will be attached to the email as well as the latest statement of account for The Client and a copy of our terms and conditions. The e-mail message will state clear information on which invoice number(s) are overdue, ways they can make payment, how to contact The Omega Group and finally “what happens next”.
12.3 ) If payment has not been received on the Third (3rd) day after the past due date, contact will be made again by The Omega Group via e-mail message informing The Client of late payment and stating The Client account will be placed on level 1 hold within four (4) days under “what happens next”. Level 1 hold will result in all test reports, data and electronic files being withheld until payment has been received.
12.4 ) If payment has not been received by day six (6), another e-mail message will be issued informing of late payment, yet also informing that The Client “account will be placed on hold at 15:00 pm on the following day”. Clear and concise information will be made with regard to invoices which are past due and ways to make payment.
12.5 ) Unfortunately, if payment has not been received by 15:00 pm on the seventh (7th) day from being past due, The Client account will be placed on level 1 hold. All test reports, data and electronic files will be withheld until payment has been received. Information will not be made available to The Client verbally, written or by way of any other form.
12.6 ) Once payment has been received, all withheld test reports and data will be made available to The Client by way of e-mail within a time frame no greater than 24 hours.
The Omega Group reserves the right to withhold test reports, documentation and electronic content at any time, without prior written, or verbal consent. The Omega Group is entitled to charge statutory interest at 8.0% plus the Bank of England base rate when payment exceeds 60 calendar days, and where necessary, place The Client account on level 2 hold and halt all works with immediate effect only on authority of a Director.
12.7 ) The Omega Group will carry out a full credit and background checks on all new clients and then at regular intervals. The Omega Group reserves the right to ask for payment in advance, dependant on credit search results and up to date information obtained. We use CreditSafe (https://www.creditsafe.com/gb/en.html) to complete credit checks.
12.8 ) A copy of the information we hold on file for The Client can be obtained by writing to us. An administration charge of £10.50 + VAT will be payable in advance for this service.
12.9 ) The Client is able to contact The Omega Group with account queries from Monday to Friday - 9:00 am to 5:00 pm by telephone on 01327 552077, send an e-mail message to accounts@theomegagroup.co.uk or by post to The Omega Group, Accounts Department, 18 – 19 Baird Close, Drayton Fields Industrial Estate, Daventry, Northamptonshire, NN11 8RY.
13.0 Hazardous Substances
13.1 ) If samples contain hazardous substances (Anthrax, Asbestos, Radioactive substances, Explosives), the Laboratory will need to be informed prior to collection or arrival.
14.0 Sample Storage and Disposal
14.1 ) Concrete cube samples will be stored by The Omega Group under controlled conditions until the day of testing. Cube samples which do not meet The Client stated specified strength at 28 days and over shall be retained in a dry, secure location for 30 days from the date of test and available for viewing if required and by appointment.
14.2 ) All cube samples under the age of 28 days will be immediately discarded regardless of test result as anything prior to 28 days is tested to indicate strength and growth rates only. If The Client does not state a specified strength in writing, all cube samples will be discarded upon the day of testing regardless of strength achieved. Cube samples specified as ‘spare’ from the same batch will be discarded within 24 hours if the 28 Day cube sample from the batch has reached or exceeded the specified strength at 28 days.
14.3 ) If the 28 Day cube sample does not meet The Client stated specified strength at 28 days, contact will be made with The Client and the option made available to move forward the ‘spare’ cube sample of the batch/group to a later test date of their choosing. If contact cannot be made by The Omega Group over a period of 48 hours, the ‘spare’ cube sample will be kept under controlled conditions until contact is made with The Client for a period of 30 days.
14.4 ) If contact by The Client has not been made by the 30th day, the ‘spare’ cube sample will be discarded and all attempts at contact with regard to said ‘spare’ cube sample shall cease.
Aggregate, cement, sand and water samples will be stored by The Omega Group under suitable conditions for 45 calendar days from the date of instruction.
Samples can be stored for longer periods than stated above if required, and will incur a storage charge payable against each sample container which is calculated on a weekly basis.
14.5 ) Aggregate, cement, sand and water samples will be stored by The Omega Group under suitable conditions for 45 calendar days from the date of instruction.
14.6 ) Samples can be stored for longer periods than stated above if required and will incur a storage charge payable against each sample container which is calculated on a weekly basis.
15.0 Equipment Rental
15.1 ) Rental of equipment from The Omega Group is based on the agreed terms as per issued Quotation. Should any Damage, loss or indecent use take place while the equipment is rented and in the possession of The Client, The Omega Group has the right to charge The Client for full reimbursement, replacement or fixing costs, where applicable, along with shipping, handling and re-calibration costs.
16.0 Miscellaneous
16.1 ) Any document prepared for The Client, on acceptance, becomes the property of The Client solely for the purposes of the work. Copyright of all documents, electronic media, video and audio remains with The Omega Group. Unrestricted reproduction and use is granted to The Client. The Omega Group will accept no liability for claims from third parties to whom The Client has made known document contents. The Client will indemnify The Omega Group against any claims arising from third parties.
16.2 ) If force majeure continues for more than 90 days either The Omega Group or The Client may terminate the Work by written notice / e-mail message to the other. The Omega Group will be entitled to charge The Client for work carried out prior to the force majeure on the basis provided in the Proposal. Work is done and reasonable and proper fees and disbursements accruing during the force majeure event will be charged at The Omega Group standard rates unless agreed otherwise in writing.
16.3 ) If any provision in these terms and conditions is or becomes invalid, illegal or unenforceable in any respect the remaining parts will remain in force and will not in any way be impaired.
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