a. In these conditions:
i. ‘CLIENT/CUSTOMER’ means the person who accepts a quotation of the company for the provision of the services or whose order for the services is accepted by the company.
ii. ‘COMPANY’ means Environmental and Site Safety Solutions Limited. (Registered in England under number 6635017).
iii. ‘CONDITIONS’ means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the client/customer and the company.
iv. ‘CONTRACT’ means the contract for the provision of the services.
v. ‘OUTPUT MATERIAL’ means data, drawings, plans, documents, test results and other information prepared by the company in relation to the services.
vi. ‘SERVICES’ means the provision of consultancy, testing, survey, training, inspection or other services for which the company undertakes to perform for the client/customer under the contract.
vii. ‘WRITING’ includes electronic mail, facsimile transmission and comparable means of communication.
b. Any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
c. The headings in this condition are for convenience only and shall not affect their interpretation.
2. BASIS OF THE SALE
a. The company shall provide the services and client/customer shall pay for the same in accordance with any written quotation or tender of the company which is accepted by the client/customer, or any written order of the client/customer which is accepted by the company, subject in either case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions.
b. No variation to these conditions shall be binding unless agreed in writing between the authorised representative of the client/customer and the company.
c. The company’s employees or agents are not authorised to make any representations concerning the Services unless confirmed by the company in writing. In entering into the contract, the client/customer acknowledges that it does not rely on and waives any claim for breach of, any such representations which are not so confirmed.
d. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice or other document or information issued by the company shall be subject to correction without any liability on the part of the company.
3. ORDERS AND SPECIFICATIONS
a. No order submitted by the client/customer shall be deemed to be accepted by the company unless and until confirmed in writing by the company’s authorised representative.
b. The client/customer shall be responsible to the company for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the client/customer, and for giving the company any necessary information relating to the services within a sufficient time to enable the company to perform the contract in accordance with its terms.
c. The company reserves the right to make any changes in the specification of the services which are required to conform with any safety or other statutory requirements.