Terms of Business

Last Updated: September 2026

1. PROVISION OF SERVICES

1.1 ProActive Asbestos Compliance Ltd (The Consultant) executes all contracted asbestos management surveys, refurbishment/demolition surveys, material sampling, data migrations, and client-side project oversight to professional B2B standards.

1.2 We maintain total independence from remedial removal contractors. All technical site work and advisory structures align with the Control of Asbestos Regulations 2012 (CAR 2012), HSG264 (The Survey Guide), and HSG248 (The Analysts' Guide).

1.3 Services are strictly confined to the areas, items, and parameters set out in the accompanying written Scope of Works document provided to the Client prior to the start of any job.

2. PRICING & PAYMENT TERMS

2.1 Project quotations are delivered as all-inclusive fixed fees or locked subcontract time-and-materials day rates as agreed upfront in writing. All hours are calculated door-to-door from our operational base in Mold.

2.2 ProActive Asbestos Compliance Ltd is not registered for VAT; all contracts are issued at a 0% VAT rate.

2.3 Invoices are issued immediately upon completion of site works or delivery of digital records. All commercial invoices carry a strict 30-day payment mandate from the date of issuance.

2.4 Late payments accrue statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 at a rate of 8% above the Bank of England base rate, plus standard debt recovery outlays. The Consultant reserves the right to withhold electronic data delivery, testing certificates, or statutory registers if payment timelines are breached.

3. CLIENT COOPERATION & SITE ACCESS RULES

3.1 The Client must grant safe, unobstructed access to all designated areas within the asset portfolio at the scheduled site deployment time. The Client must provide all relevant historical records, health and safety files, and legacy registers prior to site works.

3.2 Height Insulation Access: Standard site access is strictly limited to a maximum height of 3 metres using standard stepladders. Access above 3 metres is permitted only where specialized access equipment (such as a MEWP or a mobile tower under active PASMA certification) has been explicitly specified and agreed upon in the linked Scope of Works. Rope access and structural roof work are strictly excluded.

3.3 Total Site Lockout Rule: If a scheduled deployment cannot begin because the Consultant is completely locked out of the property, or if site-wide operations are fully halted due to un-isolated plant or a lack of client preparation, the deployment will be cancelled and billed at the applicable contract half-day minimum rate. Locked individual internal rooms will be recorded in the final survey register as areas of limited access without halting the shift.

4. TECHNICAL LIMITATIONS

4.1 Refurbishment and Demolition Surveys require destructive access methods to inspect hidden cavities and substrates. The Consultant is not responsible for reinstatement costs or cosmetic damage caused by these standard procedures. All making good will be executed strictly as per the parameters outlined in the separate Scope of Works.

4.2 Textured coatings (such as Artex) and hidden bitumen layers vary widely in historical application. While inspections follow HSG264 sampling guidelines, sample results reflect specific test points and do not guarantee the absolute uniformity of the entire surface fabric.

4.3 Bulk sample analysis is conducted by independent UKAS-accredited laboratories under HSG248. The Consultant is not liable for structural scheduling delays stemming from third-party laboratory processing turnaround times.

5. LIABILITY COVERS & INSURANCE RETENTIONS

5.1 ProActive Asbestos Compliance Ltd maintains active commercial insurance covers under underwritten asbestos schemes: £5,000,000 Public Liability insurance and £1,000,000 Professional Indemnity insurance.

5.2 The total aggregate liability of the Consultant to the Client for any breach of contract, negligence, or statutory omission under this agreement is strictly capped at £1,000,000.00 (matching active Professional Indemnity insurance limits).

5.3 The Consultant is under no circumstances liable to the Client for any indirect, consequential, or economic losses, including loss of profit, business interruption, project delay costs, or damage to commercial reputation.

5.4 Nothing in these terms limits or excludes liability for death or personal injury caused directly by proven negligence, or for fraudulent misrepresentation under UK contract law.

6. INTELLECTUAL PROPERTY & DATA PROTECTION

6.1 All bespoke digital compliance templates, custom authored Asbestos Management Plans (AMPs), technical specifications, and survey reporting files remain the intellectual property of the Consultant until all outstanding project invoices are settled in full.

6.2 Both parties agree to treat all business operational data, portfolio parameters, pricing sheets, and technical site records as confidential. All data is managed and securely stored in absolute alignment with the UK GDPR and the Data Protection Act 2018.

7. GOVERNING LAW

7.1 These Terms of Business and all associated technical instruction documents shall be governed by, interpreted, and enforced strictly in accordance with the laws of England and Wales. Both parties submit exclusively to the jurisdiction of the courts of England and Wales.