Legal
Greenpace Services Limited (GPSL), version 1.03
These Standard Terms of Business and Service Conditions (“the Terms”) apply to all professional property compliance, inspection, testing, certification and consultancy services provided by Greenpace Services Limited GPSL unless expressly varied by written agreement.
The purpose of these Terms is to clearly define the contractual relationship between GPSL and its Clients, setting out the responsibilities of both parties and the conditions under which our professional services are provided.
These Terms are intended to promote clarity, transparency and good working relationships whilst protecting the interests of both GPSL and its Clients.
These Terms shall apply whenever any Client instructs GPSL to undertake any service.
Acceptance may be by:
The Client acknowledges that by instructing GPSL they have accepted these Terms in full.
These Terms apply to all and any services provided by GPSL including, but not limited to:
GPSL shall exercise the reasonable skill, care and diligence expected of a competent property compliance company.
Where applicable, services shall be undertaken in accordance with current legislation, recognised industry guidance, relevant British Standards, approved codes of practice, manufacturer instructions and the Company’s documented procedures.
Nothing within these Terms shall require GPSL to alter, amend, suppress or misrepresent technical findings, professional opinions, test results, risk ratings, inspection outcomes or certification decisions contrary to the independent judgement of its inspectors, engineers, assessors, consultants or appointed specialists.
GPSL is committed to providing impartial and practical property compliance advice.
Our objective is to assist Clients in identifying, assessing, managing and evidencing compliance risks across their properties, enabling them to meet legal, regulatory, contractual, insurance and safety obligations based on the information provided to them by the Client.
Unless the context requires otherwise, the following definitions shall apply.
Greenpace — Means Greenpace Services Limited
The Company — Means Greenpace Services Limited
Client — Means the individual, company, landlord, managing agent, freeholder, leaseholder, organisation or other body instructing Greenpace Services Limited
Services — Means any professional service provided by Greenpace Services Limited
Site — Means the premises, property, building, estate, development, unit or location where Services are undertaken.
Report — Means any inspection report, certificate, risk assessment, compliance report, test result, register, management plan, quotation, specification, consultancy report or written advice issued by Greenpace Services Limited
Certificate — Means any certificate, confirmation, record of inspection, service sheet, safety certificate, compliance document or similar deliverable issued following completion of the relevant Services.
Instruction — Means any verbal, written or electronic request asking Greenpace Services Limited to undertake Services.
Working Day — Means any day during which the Company’s office is open for business, excluding public holidays in England and Wales. Site attendance may take place outside these hours where agreed or operationally necessary.
Business Hours — Means the Company’s normal office opening hours, currently 9am-6pm Monday to Friday.
Competent Person — Means an employee, consultant, contractor, engineer, assessor, inspector or specialist considered by the Company to have appropriate skills, training, knowledge, experience, registration, accreditation or competence to undertake the relevant Services.
3.1
A contract shall be formed when the earliest of the following occurs:
3.2
Instructions may be received by:
The Company reserves the right to request written confirmation where considered appropriate.
Unless otherwise stated in writing:
Only the Services specifically agreed between the Client and GPSL shall form part of the Company’s appointment.
Any additional attendance, inspection, testing, sampling, certification, reporting, remedial work, consultancy, contractor management or administration requested after instruction shall be treated as a variation and may incur additional charges.
The Client shall notify GPSL before attendance of:
GPSL reserves the right to suspend, postpone or refuse work where conditions are considered unsafe or unsuitable.
The Company shall be entitled to rely upon information supplied by the Client or others acting on the Client’s behalf.
GPSL accepts no responsibility for errors, omissions, delays, additional costs, failed appointments or incorrect certification arising from inaccurate, incomplete or misleading information provided by others.
The Client acknowledges that commissioning an inspection, test, risk assessment or certificate does not in itself discharge all legal duties relating to the property.
The Client remains responsible for:
Where requested, GPSL may assist with compliance management under a separate appointment.
Unless otherwise agreed in writing, all fees quoted by GPSL are stated plus VAT at the prevailing rate.
Quotations are based upon the scope of works known at the time of pricing. Should the scope of works change, or additional works become necessary, GPSL reserves the right to revise its fees accordingly.
Where additional attendance, inspection, testing, sampling, laboratory analysis, reporting, certification, remedial work, consultancy, contractor management or any other additional service becomes necessary due to circumstances outside the original agreed scope, such works shall be charged at the Company’s prevailing rates unless otherwise agreed in writing.
Where practicable, the Client will be advised before additional chargeable work is undertaken.
GPSL reserves the right to request payment in advance, a mobilisation payment or staged payments where:
Failure to make any agreed payment may result in postponement or suspension of the Services.
Where a credit account has been agreed, payment shall be made in accordance with the agreed payment terms.
Unless otherwise agreed in writing, payment shall be due within seven days from the date of invoice.
The grant of credit facilities remains entirely at the discretion of GPSL and may be withdrawn at any time.
Where no credit account exists GPSL reserves the right to request payment:
Payment may be made by bank transfer, debit card, credit card or other payment method accepted by the Company.
Unless alternative credit arrangements have been agreed in writing, GPSL reserves the right to withhold reports, certificates, test results, risk assessments, compliance records, service sheets and any other deliverables until all outstanding invoices relating to those Services have been paid in full.
Where payment is not received by the due date, GPSL reserves the right to:
Nothing within this clause shall prejudice any other legal remedy available to GPSL
The Client shall provide as much notice as reasonably possible should an appointment require cancellation or postponement.
Unless otherwise agreed in writing, GPSL reserves the right to apply the following charges:
GPSL will always seek to minimise any costs wherever reasonably practicable.
Where the Company’s personnel or appointed contractors are prevented from carrying out the agreed Services due to delays outside the Company’s reasonable control, including but not limited to:
GPSL reserves the right to charge for additional attendance, waiting time, abortive visits and any associated travel or operational costs.
Any costs incurred by GPSL arising from returned payments, failed bank transfers, card chargebacks or similar circumstances may be recharged to the Client together with any reasonable administration costs.
6.1
GPSL shall be entitled to rely upon information supplied by the Client or others acting on the Client’s behalf.
The Company shall not be responsible for errors, omissions, failed appointments, incorrect assumptions, incomplete certification or additional costs arising from inaccurate, incomplete or misleading information supplied by others.
Where previous certificates, risk assessments, inspection reports, service records, drawings, specifications, fire strategy documents, water system schematics, gas appliance records, electrical reports, asbestos registers or other relevant documentation are available, the Client should make these available to GPSL before commencement of the Services.
Failure to provide such information may affect the scope, duration, findings or outcome of the Services.
The Client shall notify Greenpace Services Limited as soon as reasonably practicable if circumstances change following instruction which may affect the Services, including changes to the proposed works, property layout, occupancy, use, access, equipment, services, management arrangements or risk profile.
Where previously unknown information becomes available during or after completion of the Services, GPSL reserves the right to review its findings and, where necessary, recommend further inspection, testing, sampling, certification, remedial work or investigation.
7.1
Any request by the Client to alter the agreed scope of works after instruction shall constitute a variation.
Variations may include, but are not limited to:
Such variations may result in additional fees and revised completion times.
7.2
Where reasonably practicable, GPSL will advise the Client of any anticipated additional costs before undertaking the varied Services.
7.3
Where unforeseen circumstances are encountered during attendance which materially affect the agreed scope, GPSL reserves the right to pause the Services until revised instructions have been agreed with the Client.
Greenpace Services Limited shall undertake all Services exercising the reasonable skill, care and diligence expected of a competent property compliance company.
All inspections, tests, sampling, assessments, certification and consultancy services shall be undertaken in accordance with current legislation, recognised industry guidance, relevant standards and the Company’s documented procedures applicable at the time the Services are performed.
Unless specifically agreed otherwise in writing, Services are limited to the areas, systems, assets, appliances or risks included within the agreed scope and accessible at the time of attendance.
The accuracy and completeness of any inspection, test, assessment, report or certificate is dependent upon the areas, installations and information made available.
The Company cannot inspect or test areas, assets, systems or appliances which are:
Such limitations shall normally be identified within the Report or Certificate where relevant, together with recommendations where further inspection, testing or action may be appropriate.
The Client acknowledges that defects, hazards, non-compliances or unsafe conditions may remain concealed within the building structure, services, plant, voids, risers, ductwork, pipework, wiring, appliances or installations and may not be identified where they cannot reasonably be accessed without causing damage or undertaking works beyond the agreed scope.
Accordingly, the absence of defects within a Report or Certificate shall not be interpreted as confirmation that defects are absent from all concealed, inaccessible or untested areas.
Where systems, materials, assets or areas of similar appearance, construction, age, location or condition are encountered, representative inspection or sampling may be undertaken where appropriate.
The result obtained from a representative inspection or sample shall normally be considered indicative of similar items unless subsequent evidence indicates otherwise.
Where inspections or tests produce a pass, fail, satisfactory, unsatisfactory, advisory or risk-rated outcome, that outcome reflects the condition, evidence and accessibility available at the time of inspection only.
A certificate, report or satisfactory result does not guarantee that the property, system, appliance or installation will remain compliant, safe or defect-free after the time of inspection.
Where defects, risks or non-compliances are identified, Greenpace Services Limited may recommend remedial works.
Unless expressly included within the agreed scope, remedial works are not included within inspection or certification fees and shall be quoted separately.
The Client remains responsible for deciding whether and when to proceed with remedial works and for ensuring that any statutory or safety-critical defects are addressed within appropriate timescales.
Where Greenpace Services Limited arranges, recommends or coordinates third-party contractors, engineers, laboratories or specialists, the Company shall exercise reasonable care in selecting competent providers.
Unless expressly agreed otherwise in writing GPSL shall not be responsible for the workmanship, contractual performance, delays, omissions, statutory obligations or professional opinions of third-party contractors or specialists.
Where Services are undertaken in occupied properties, the Client shall ensure that occupants are notified of the appointment and that reasonable access is available.
The Company shall not be liable for failed appointments, delays or incomplete Services caused by tenant refusal, absence, restricted access, unsafe behaviour, pets, vulnerable occupants, language barriers or other occupancy-related issues outside the Company’s reasonable control.
Some inspections, tests or sampling may require limited disturbance, operation of equipment, opening of panels, removal of covers or access into service areas.
Unless expressly agreed otherwise in writing, reinstatement, decoration, making good, repair of finishes or replacement of access panels is not included within the Company’s appointment.
The Company shall take reasonable care when undertaking the Services but shall not be responsible for unavoidable minor damage arising from necessary inspection, testing or sampling within the agreed scope.
Where instructed, GPSL may undertake fire safety services including Fire Risk Assessments, fire door inspections, fire alarm testing, emergency lighting testing, fire extinguisher servicing, fire safety audits and related consultancy.
Fire safety reports represent the Company’s opinion based upon the areas inspected, information provided and conditions observed at the time of attendance.
The Client remains responsible for implementing fire safety arrangements, maintaining fire precautions, undertaking regular checks, keeping records and ensuring ongoing compliance.
Fire Risk Assessments are intended to identify significant fire hazards, persons at risk, existing fire precautions and recommended actions based on the agreed scope and accessible areas.
A Fire Risk Assessment is not a full intrusive survey of the building fabric, structure, compartmentation or services unless expressly agreed in writing.
Where intrusive investigation, specialist fire engineering advice, compartmentation surveys or external wall assessments are required, these shall be outside the scope unless specifically included.
Fire door inspections are limited to the doors included within the agreed scope and accessible at the time of inspection.
Where doors are locked, obstructed, concealed, unsafe to operate or otherwise unavailable, this may affect the completeness of the inspection.
A fire door inspection does not guarantee that the door will perform as designed in a fire, particularly where concealed defects, historical alterations or unverified components exist.
Where instructed, GPSL may undertake Legionella Risk Assessments, water hygiene inspections, temperature monitoring, water sampling, schematic reviews and related consultancy.
Legionella and water hygiene findings are based upon the water systems accessible and operational at the time of attendance.
The Client remains responsible for ongoing monitoring, flushing, cleaning, maintenance, record keeping and implementation of control measures.
Where water samples are obtained for laboratory analysis, results relate only to the sample taken, the location sampled and the time of sampling.
Subsequent changes in water use, temperature, stagnation, system condition, maintenance, contamination or control measures may affect future results.
Where specialist analysis is undertaken by an external laboratory, GPSL shall exercise reasonable care in selecting a competent laboratory but accepts no responsibility for the analytical methods or conclusions of that laboratory.
Where instructed, GPSL may undertake or arrange gas safety inspections, appliance servicing, landlord gas safety records and related certification.
Gas safety certification is based upon the appliances, flues, pipework and installations accessible, connected and capable of inspection or testing at the time of attendance.
The Client must ensure that gas appliances, meters, flues, ventilation and relevant areas are accessible and that gas and electricity supplies are available.
Where an appliance or installation is found to be unsafe, Greenpace Services Limited or its appointed engineer may take appropriate safety action in accordance with relevant gas safety procedures, which may include warning notices, disconnection, isolation or advice not to use.
Where instructed, GPSL may undertake or arrange Electrical Installation Condition Reports, Portable Appliance Testing, emergency lighting testing, fire alarm testing and related electrical compliance services.
Electrical inspection and testing is limited to the circuits, equipment, installations and areas included within the agreed scope and accessible at the time of attendance.
The Client acknowledges that testing may require temporary interruption of power and shall ensure that occupants, equipment, alarms, servers, medical equipment and other sensitive systems are managed accordingly.
Where a new consumer unit has been installed, any faults reported within three (3) working days of completion will be reviewed by the Company to determine whether they are directly connected to the installation works.
Where, following investigation, the fault is found to be unrelated to the consumer unit installation, caused by pre-existing issues, connected appliances, fixed wiring defects, third-party interference, misuse, overloading, environmental factors or any other cause outside the Company’s workmanship, any further call-outs, investigation, testing or remedial attendance shall be charged at the Company’s standard call-out rates.
The Company shall not be responsible for faults arising after completion which are unrelated to the agreed electrical installation works.
Where instructed, GPSL may undertake or arrange Energy Performance Certificates and related energy assessment services.
Energy assessments are based upon the property information, construction details, systems and evidence available at the time of assessment.
Where documentation, access or evidence is unavailable, default assumptions may be required in accordance with the applicable assessment methodology, which may affect the rating.
Where instructed GPSL may undertake or arrange asbestos surveys, reinspection, sampling, management plans or related consultancy.
Asbestos services are subject to the agreed scope and access limitations. Unless specifically agreed otherwise in writing, asbestos inspections are undertaken on a representative basis and should not be interpreted as confirming the presence or absence of asbestos in every concealed location.
The Client remains responsible for ongoing asbestos management duties, including the implementation, monitoring and review of any asbestos management plan.
Where instructed, GPSL may undertake property compliance audits across multiple risk areas.
A compliance audit is intended to provide a practical overview of available compliance documentation, apparent gaps and recommended actions. Unless expressly agreed otherwise, it does not replace specialist inspections, statutory certification or detailed intrusive investigation.
Where the Company is instructed to install, replace, modify or upgrade a fire alarm system, the agreed works shall be limited to the specific installation, replacement, modification or upgrade expressly included within the quotation.
Unless specifically stated within the quotation, the Company shall not be responsible for removing, altering, decommissioning, repairing, making good, concealing, redecorating or reinstating any existing or redundant fire alarm system, cabling, containment, detectors, call points, sounders, panels, accessories, fixings, holes, surface damage or related building finishes.
Following commissioning, any faults, defects, false alarms, communication issues, device failures, wiring issues, system errors or other matters reported shall be investigated at the Company’s standard call-out rates, unless the Company determines that the issue arises directly from defective workmanship within the agreed installation works.
The Company shall not be responsible for faults arising from existing wiring, existing devices, retained parts of an existing system, third-party works, user operation, lack of maintenance, environmental conditions, power supply issues, misuse, damage, interference or any cause outside the agreed scope of works.
Reports and Certificates issued by GPSL represent the Company’s professional opinion or certification outcome based upon:
All Reports and Certificates should be read in their entirety.
Extracts from Reports or Certificates should not be relied upon in isolation.
Where limitations, exclusions, observations, defects, risk ratings, advisory notes or recommendations are identified, these form an integral part of the Company’s findings and should be considered alongside all other information contained within the document.
The condition of properties, systems, equipment, appliances and installations may change over time due to:
Accordingly, Reports and Certificates represent the condition of the relevant property, system, appliance, installation or risk area only at the time of inspection.
Where previously concealed defects, hazards, non-compliances or risks are discovered after completion of the Services, such discoveries shall not automatically be interpreted as evidence that the original inspection, test, assessment or certification was negligent or incomplete.
Further inspection may be necessary where additional areas become accessible, documentation becomes available, systems are altered, or the scope of proposed works changes.
Reports and Certificates may be issued electronically.
The Client is responsible for ensuring that electronic copies are retained securely and distributed only to those persons requiring access for the purposes of property compliance, safety management, statutory compliance, insurance, sale, letting, maintenance or proposed works.
Should the Client believe that a factual error exists within a Report or Certificate, Greenpace Services Limited should be notified as soon as reasonably practicable.
Where an error is confirmed, the Company shall issue an amended Report or Certificate as appropriate.
GPSL reserves the right to retain inspection records, field notes, photographs, certificates, test results, laboratory records and associated documentation for such period as the Company considers appropriate to meet its legal, contractual, insurance, accreditation and business obligations.
11.1
Unless expressly agreed otherwise in writing, Reports, Certificates and other documentation produced by GPSL are prepared solely for the Client identified within the Report or Certificate.
No responsibility or liability is accepted to any third party who may obtain access to, rely upon or make use of the Report or Certificate without the Company’s prior written consent.
11.2
Reports and Certificates shall only be relied upon for the purpose for which they were commissioned.
Where the property use changes, additional works are proposed, systems are altered, previously inaccessible areas become available, or statutory requirements change, further inspection, testing or certification may be necessary.
11.3
Reports, Certificates and other documentation shall not be altered, edited, reproduced in part or taken out of context without the prior written consent of GPSL.
Where extracts from a Report or Certificate are reproduced, they shall not be used in a manner which misrepresents the Company’s findings, outcomes, limitations or recommendations.
12.1
Nothing within these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other liability which cannot lawfully be excluded.
12.2
Subject to Clause 12.1, GPSL liability arising from the provision of the Services shall be limited to losses directly arising from the Company’s breach of contract or negligence.
The Company shall not be liable for indirect, consequential or economic losses including, but not limited to:
Subject to Clauses 12.1 and 12.2, GPSL total aggregate liability arising out of or in connection with any single appointment, instruction or contract shall not exceed the limit of the cost paid by the Client at the time the Services were provided.
This limitation shall apply whether liability arises in contract, tort including negligence, breach of statutory duty or otherwise.
12.4
The Company shall not be responsible for:
12.5
Where further inspection, testing, remedial work or intrusive investigation has been recommended but not undertaken, the Company accepts no responsibility for defects, hazards, risks or non-compliances subsequently discovered within those areas or systems.
To the fullest extent permitted by law, no claim arising out of or in connection with the Services provided by GPSL shall be commenced more than six (6) years after the date of completion of the relevant Services.
Where the law provides for a shorter limitation period, that shorter period shall apply.
GPSL maintains GPSL together with Employers’ Liability and Public Liability Insurance appropriate to the nature of the Services provided.
Current insurance details are available upon request.
GPSL is committed to providing a professional service.
Should a Client have cause for complaint, the matter should be raised as soon as reasonably practicable following identification of the issue.
Complaints should be submitted in writing to the Company.
The Company will investigate all complaints fairly and impartially and will endeavour to provide a substantive response within a reasonable period.
Where appropriate, additional information, clarification or corrective action may be provided.
GPSL shall process personal data in accordance with applicable data protection legislation.
Personal information shall be used only for purposes associated with the provision of the Services, statutory obligations and legitimate business activities.
Further information is available within the Company’s Privacy Policy.
16.1
All Reports, Certificates, drawings, photographs, registers, test results, risk assessments, compliance reports, management plans and other documents produced by GPSL remain the intellectual property of the Company unless otherwise agreed in writing.
16.2
Payment for the Services grants the Client a non-exclusive, non-transferable licence to use the documentation solely for the purpose for which it was commissioned. Such licence does not transfer copyright or any other intellectual property rights.
16.3
Reports, Certificates and other documentation produced by GPSL shall not be altered, amended, edited, redacted, reproduced in part or incorporated into other documents in a manner which changes their meaning, context, findings, outcome or professional conclusions without the Company’s prior written consent.
16.4
The Client shall not remove or obscure the Company’s name, logo, copyright notice, accreditation details, engineer details or other identifying information from any Report, Certificate or document, nor present any document produced by GPSL as having been prepared by another organisation or individual.
GPSL shall not be liable for delays or failure to perform the Services where such delay or failure results from circumstances beyond the Company’s reasonable control, including but not limited to:
The Company shall use reasonable endeavours to minimise any resulting delay.
These Terms shall be governed by and interpreted in accordance with the laws of England and Wales.
Any dispute arising from these Terms or the Services provided by Greenpace Services Limited shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
Property compliance is an ongoing responsibility.
Before letting, selling, occupying, managing, refurbishing or carrying out works to any property, ensure that the compliance information available is suitable, current and appropriate for the property and intended use.
Where certificates, risk assessments, service records or inspection reports identify defects, recommendations or further actions, these should be reviewed and acted upon promptly.
If you are uncertain whether further inspection, testing, certification or remedial action is required, contact Greenpace Services Limited before proceeding.
Greenpace Services Limited – GPSL
333 Edgware Road
London
NW9 6TD
Telephone: 02089066284
Email: mail@greenpace.co.uk
