CSS Worksafe Terms & Conditions for the Supply of Services

1. Interpretation
2. Application of Terms
3. Special Conditions
4. General

1. Interpretation

Where the context admits, ‘We’ or ‘Us’ refers to County Safety Services Limited (‘CSS Worksafe’). ‘You’ are the party purchasing services from Us. ‘Services’ refers to all or any of the following services sold to You by Us:

(a) Safety Training Courses.
(b) Safe Height Working Risk Assessments.
(c) Annual Inspection, Testing and Maintenance Services.

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2. Application of Terms

2.1 By ordering the Services from Us, You acknowledge that you have read, understood and agree to be bound by these terms and conditions (the ‘Conditions’, which term includes but is not limited to certain Conditions peculiar to each of the Services, the ‘Special Conditions’), and that the Conditions shall, to the exclusion of all other terms and conditions, govern the contract for the supply of the Services from Us to You (the ‘Contract’).

2.2 We reserve the right to amend these Conditions at any time without notice.

2.3 We hereby undertake to use Our reasonable endeavours to provide the Services in accordance with these Conditions. All other representations, warranties and other terms which might otherwise be implied by statute, common law or equity are hereby excluded.

2.4 Nothing in these Conditions shall operate to exclude or limit Our liability for (a) death or personal injury caused by Our negligence; or (b) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (c) fraud or fraudulent misrepresentation; or (d) any other liability which cannot be excluded or limited under applicable law.

2.5 Subject to Condition 2.4 above, We disclaim any and all liability for any direct or indirect loss incurred by You or any third party.

2.6 Without prejudice to either Condition 2.4 or Condition 2.5 above, Our total liability shall not exceed the sum paid to Us by You under the Contract.

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3. Special Conditions

3.1 The Special Conditions in this Condition 3 shall govern only the Services to which they relate, as set forth in this Condition 3. For the avoidance of doubt, these Special Conditions do not replace, but merely supplement, the remaining Conditions.

3.2 The following Special Conditions shall apply to Safety Training Services:

3.2.1 Your safety training course will start on the date specified by Us when We confirm Your order.

3.2.2 The course fee will appear on Our invoice, which will be sent to You immediately following confirmation of Your Order by Us. Our invoice shall become immediately payable by You upon receipt, unless You have a credit account with Us which covers the full amount of the invoice, in which case payment must be made within 30 days of the date thereof. . No payment shall be deemed to have been received by Us until We are in receipt of cleared funds. Any overdue payment will attract interest at 8% above the statutory rate. We reserve the right to refuse admission to the course until full payment of the course fee has been received.

3.2.3 You acknowledge that under no circumstances will any part of the course fee be refunded to You.

3.2.4 We reserve the right to cancel the course by sending written notice of cancellation to You not less than seven days prior to Your course start date. We reserve the right to change the content of the course at any time without notice to You.

3.2.5 The course fee covers Your attendance on the course and Your use of all course materials that We provide to You.

3.2.6 The course fee quoted is correct at the time of publication but We reserve the right to alter the course fee at any time. Please note that the course fee is exclusive of VAT. 3.2.7 You shall not remove any course materials from Our premises without Our prior consent. Any unauthorised duplication, disclosure or distribution of any course materials is strictly prohibited.

3.3 The following Special Conditions shall apply to Safe Height Working Risk Assessment Services:

3.3.1 Once We have received Your order, We will use Our reasonable endeavours to confirm a date, time and place most suitable to You for carrying out a risk assessment, although We shall be under no obligation to meet Your specific requirements in this regard.

3.3.2 Our charges for carrying out a risk assessment will appear on Our invoice, which will be sent to You immediately following confirmation of Your order by Us. Our invoice shall become immediately payable by You upon receipt, unless You have a credit account with Us which covers the full amount of the invoice, in which case payment must be made within 30 days of the date thereof. No payment shall be deemed to have been received by Us until We are in receipt of cleared funds. Any overdue payment will attract interest at 8% above the statutory rate.

3.3.3 If, in order to carry out a risk assessment for You, We are likely to incur any additional costs above those typically incurred by Us in performing the Service, including, but not limited to, any costs associated with travelling from Our offices to the place where You have requested Us to undertake the risk assessment, then You shall be liable to pay those additional costs in addition to the charges set forth in Condition 3.3.2 above. We will use Our reasonable endeavours to notify You of any additional costs upon confirmation of Your order,(in which case any such costs shall become payable by You within 30 days of the date of Our invoice) but You acknowledge that any such costs may be difficult for Us to calculate or estimate in advance of Our undertaking the risk assessment, and that You will be liable for those costs notwithstanding any failure by Us to notify You of those costs until We have carried out the risk assessment.

3.3.4 Our risk assessment charges cover the carrying out of a risk assessment by Us in order to establish a suitable control service for You. Although You may ultimately decide to purchase such a control service from Us, Our risk assessment charges do not cover the provision of any such service from Us, or any products sold by Us.

3.3.5 The risk assessment charges quoted are correct at the time of publication but We reserve the right to alter the risk assessment charges at any time. Please note that the risk assessment charges are exclusive of VAT.

3.4 The following Special Conditions shall apply to Annual Testing, Inspection and Maintenance Services (hereinafter collectively referred to in this Condition 3.4 as the ‘Product Services’, unless expressed otherwise) and shall apply to all or any of the Product Services, unless otherwise stated or indicated.

3.4.1 Once We have received Your order, We will use Our reasonable endeavours to confirm a date, time and place most suitable to You for carrying out the Product Services , although We shall be under no obligation to meet Your specific requirements in this regard.

3.4.2 Our charges for carrying out the Product Services will appear on Our invoice, which will be sent to You immediately following confirmation of Your order by Us. Our invoice shall become immediately payable by You upon receipt, unless You have a credit account with Us which covers the full amount of the invoice, in which case payment must be made within 30 days of the date thereof. No payment shall be deemed to have been received by Us until We are in receipt of cleared funds. Any overdue payment will attract interest at 8% above the statutory rate.

3.4.3 If, in order to carry out the Product Services for You, We are likely to incur any additional costs above those typically incurred by Us in performing those services, including, but not limited to, any costs associated with travelling from Our offices to the place where You have requested Us to undertake the Product Services, then You shall be liable to pay those additional costs in addition to the charges set forth in Condition 3.4.2 above. We will use Our reasonable endeavours to notify You of any additional costs upon confirmation of Your order,(in which case any such costs shall become payable by You within 30 days of the date of Our invoice) but You acknowledge that any such costs may be difficult for Us to calculate or estimate in advance of Our undertaking the Product Services , and that You will be liable for those costs notwithstanding any failure by Us to notify You of those costs until We have carried out the Product Services.

3.4.4 Our testing and/or inspection charges cover the testing and/or inspection of Your safety equipment by Us in order to determine whether Your equipment requires maintenance, repair or replacement. Although You may ultimately decide to purchase maintenance or repair services (or purchase replacement equipment) from Us, Our testing and/or inspection charges do not cover the provision of maintenance or repair services by Us, or any replacement products sold by Us. You should contact Us in order to ascertain Our charges for maintenance or repair, or for the price of any replacement product.

3.4.5 The testing and/or inspection charges quoted are correct at the time of publication but We reserve the right to alter the testing and/or inspection charges at any time. Please note that the testing and/or inspection charges are exclusive of VAT.

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4. General

4.1 We may, (without prejudice to any other rights or remedies We may have against You) exercise any remedy available to Us up to and including termination of the Contract, including, without limitation, suspending or cancelling any further provision of the Services, if:

4.1.1 You are in breach of any Condition which is incapable of remedy; or 4.1.2 You are in breach of any Condition which is capable of remedy, but fail to remedy such breach within 14 days of receipt of a written notice giving full particulars of the breach and requiring it to be remedied; or

4.1.3 any one or more of the following events occurs:

(a) You are presented with a bankruptcy petition or have a bankruptcy order made against You or You make an arrangement or composition with Your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed over Your undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator for You or notice of intention to appoint an administrator is given by You or Your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for Your winding-up or for the granting of an administration order for You, or any proceedings are commenced relating to Your insolvency or possible insolvency ; or

(b) You suffer or allow any execution distress or diligence, whether legal or equitable, to be levied on Your property or obtained against You/it, or fail to observe or perform any of Your obligations under the Contract or any other contract between You and Us, or are unable to pay Your debts within the meaning of section 123 of the Insolvency Act 1986 or a secured lender to You takes any steps to obtain possession of the secured property or otherwise enforce its security or You cease to trade.

4.2 Notwithstanding any such termination, cancellation or suspension in accordance with Condition 4.1 above, You shall remain liable to pay and shall pay Us at the Contract rate, any and all payments subsisting at the relevant time.

4.3 We reserve the right to defer the date of performance of the Services or to cancel or suspend the provision of Services under the Contract (without liability to You) if We are prevented from or delayed in the carrying on of Our business due to circumstances beyond Our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), provided that, if the event in question continues for a continuous period in excess of 180 days, You shall be entitled to give notice in writing to Us to terminate the Contract.

4.4 Each right or remedy of Ours under the Contract is without prejudice to any other right or remedy of Ours whether under the Contract or not.

4.5 We and You shall each keep confidential any and all information which has been expressed to be confidential or could reasonably be supposed to be confidential and which has been obtained or disclosed as a result of the relationship of the respective parties under the Contract

4.6 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

4.7 Any failure or delay by Us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of Our rights under the Contract.

4.8 Any waiver by Us of any breach of, or any default under, any provision of the Contract by You shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

4.9 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

4.10 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

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