|
Terms and Conditions of Business
1. Appointment
The Company engages the Consultant to provide the health and safety consultancy services (“the Services”) specified overleaf.
2. Consultant’s obligations
2.1 During the Term the Consultant shall provide the Services to the Company in accordance with the specification for the same set out overleaf but the Consultant shall not be required to devote to the Company’s affairs more time than is specified in the Services unless otherwise agreed.
2.2 To comply with the reasonable directions of the Company in relation to the provision the Services.
2.3 To advise and assist the Company in relation to health and safety aspects of its business.
2.4 The Consultant shall maintain professional negligence insurance cover in respect of liabilities arising out of or connected with the provision of the Services, such cover to be to a minimum value of £500,000 and with an insurance company of repute. The Consultant shall on request produce copies of the relevant certificates of insurance to the Company, and further undertakes to use reasonable commercial efforts to pursue claims under such insurance policies.
2.5 To carry out work additional to the Services e.g. incident investigation, provided that the Company agrees to pay the Consultant for such extra work at its prevailing rate of charge.
2.6 To provide such documents and manuals as may be agreed or specified, and to issue all advice in written form to the Company.
2.7 The Consultant shall not during or after the Term of this agreement divulge to any other person any confidential information relating to the affairs of the Company.
2.8 On termination of its engagement the Consultant shall return to the Company all documents papers and property belonging to the Company which are in its possession or under its control.
3. Company’s obligations
3.1 Unless otherwise agreed in writing, to make payment for the Services within 14 days of the date of invoice.
3.2 Where clause 3.1 does not apply, to pay the Consultant’s fee monthly by direct debit or BACS transfer on the first day of each calendar month unless agreed otherwise.
3.2 To pay such additional sums if any as may from time to time be agreed in respect of extra services supplied by the Consultant.
3.3 To nominate in writing the person on its staff who will act as its representative for the purpose of this agreement to liaise with the Consultant and to provide any information and documents which may be required by the Consultant to perform its obligations under this agreement.
3.4 To reimburse the Consultant all reasonable travelling and other expenses properly incurred by it in the performance of its duties subject to expenses being vouched for by written evidence.
3.5 To provide to the Consultant full access to all areas of the Company’s premises including all equipment and facilities which the Consultant deems it necessary to inspect in order to provide the Services.
3.6 To make available to the Consultant all records and documents (e.g. accident book) pertaining to health and safety issues which it may reasonably require in the performance of its duties.
3.7 To make available a suitable office area of its premises if reasonably required by the Consultant and such technical, material and other facilities as are necessary for enabling the Consultant to carry out its duties.
3.8 To co-operate fully with the Consultant to ensure that the Consultant is supplied with all relevant information relating to health and safety issues affecting the Company.
4. VAT
All sums payable under this agreement unless otherwise stated are inclusive of VAT and any other taxes or duties which where appropriate shall be
payable.
5. Retention of title
Legal title in manuals and reports prepared by the Consultant shall remain with the Consultant and shall not pass to the Company until the amount due and invoiced for them has been paid in full; until title passes, the Company shall hold them as bailee for the Consultant and mark them so that at all times they can be identified as property of the Consultant.
6. Intellectual Property
The ownership of and sole right to the copyright in any manual or report produced by the Consultant in the performance of the Services shall be vested in the Consultant at all times.
7. Limitation of liability
The Consultant shall not be liable to the Company for any loss or damage suffered by the Company as a result of:
7.1 the Company’s failure to provide full documentary, material, informational or other support or access to the Consultant to enable it to perform its duties comprehensively;
7.2 the failure of the Company to act on advice and recommendations made by the Consultant.
8. Termination
This agreement (except in relation to any outstanding liabilities of the parties to one another, or in relation to clause 5) may be terminated:
8.1 by either party serving two months notice to the other;
8.2 by the Company by notice to the Consultant if the Consultant is prevented by illness or incapacity from carrying out the terms of this agreement for a continuous period of three months; or
8.3 by either party by notice to the other in the event of a serious breach by the other party of the terms of this agreement.
9. Variation
No variation of this agreement or any promise or commitment given by either party shall be valid unless made in writing.
10. Liability
10.1 The Consultant shall indemnify the Company for personal injury or death and for direct damage to tangible property caused by the negligence of its employees in connection with the performance of the Services. The Consultant’s total liability under this clause shall be limited to £500,000. for any one event or series of connected events.
10.2 Save in respect of claims for death or personal injury arising from the Consultant’s negligence, in no event will the Consultant be liable for any damages resulting from lost profits, special or consequential loss, compensation, damages payable to third parties or loss of anticipated savings, nor for any damages that are an indirect or secondary consequence of any act or omission of the Consultant whether such damages were reasonably foreseeable or actually foreseen. Except as provided above in the case of personal injury death and damage to tangible property the Consultant’s maximum liability under this agreement or otherwise for any cause whatsoever (whether in the form of the additional cost of remedial services or otherwise) will be for direct costs and damages only and will be limited to the sum for which the Consultant carries comprehensive insurance cover pursuant to clause 2.4 above or a sum equivalent to the total sum paid to the Consultant for the Services that are the subject of the Company’s claim.
10.3 The parties acknowledge and agree that the limitations contained in this clause 10 are reasonable in the light of all the circumstances.
11. Applicable law
This agreement shall be governed by English law and the parties consent to the exclusive jurisdiction of the Courts of England and Wales in all matters regarding it.
12. Notices
Any notice given under this agreement shall be in writing and shall be either delivered personally or sent by first class prepaid post or facsimile transmission and shall be deemed duly sent:
12.1 if delivered personally, at the time of delivery;
12.2 if by post as above, two clear business days after the date of posting;
12.3 if sent by facsimile transmission, if sent during normal business hours then at the time of transmission and otherwise on the next business day provided in each case that a confirmatory copy is sent by first class prepaid post or delivered by hand by the end of the next business day.
|
|
Health & Safety Consultancy
Policies & Standards
Risk Assessments
Training
PAT Testing
Manual Handling
DSE/Work Station Assessments
Audits
Inspections
You need to have the following:
Written Health & Safety Policy
Recorded Risk Assessments
Recorded COSHH Assessments
Every company no matter how small is subject to Health & Safety laws, even the self employed.
It is also a legal requirement that you employ a competent person to be responsible for Health & Safety matters within your company. This person must ensure that you meet the necessary Health & Safety obligations. We can meet these obligations by acting as your competent person.
|
