Conditions of Contract – Ground Investigations
1. Quotations are based in part on information provided by the client,
unless EMS or an EMS representative has visited the site prior to the survey.
If information provided by the client is incorrect or incomplete, this may result in the work undertaken being unsuitable for purpose.
2. As the work is mainly of an exploratory nature, our quotation may be in the form of a Schedule of Rates. Any estimated total cost given is provided for guidance only and is based on assumed provisional quantities.
The final cost and time of completion of an investigation depends upon the conditions found on site at the time of investigation. If we feel it necessary to exceed the initial quote, we will only do so after gaining permission from the client.
3. EMS cannot guarantee the final depth of boreholes or trial pits. This may be limited by the ground conditions encountered.
4. Our quotation is exclusive of any allowance for Value Added Tax (VAT). Vat will be added to our invoice at the current rate.
Payment of accounts without discount or retention will be required within 30 days of submission.
5. EMS reserve our statutory right to claim interest and compensation for debt
recovery costs under the ‘late payment’ legislation, if we are not paid according to the agreed terms.
We do not accept payment on a “Pay when paid” basis.
6. No work will commence until a written order has been received by post, email or fax.
Such order is considered an acceptance of our quotation.
7. Availability of resources where quoted is an estimate based on the programme of work in hand at the time of quotation.
This can vary from day to day. Where the starting date is critical it should be verified at the time of placing an order.
8. Once a job has been confirmed and a purchase order has been issued and subsequently the job is cancelled at short notice
we reserve the right to issue a cancellation charge to cover any abortive work undertaken and any sub-contractor costs incurred.
9. In the event of our quotation being accepted, the client warrants and undertaken that they have obtained
all the necessary certificates, licenses, permits and consents required by Statute or any order or regulation
made there under or by any regulation or by-law of any authority or statutory undertaker.
Permission for access where necessary must be obtained by the client, for example, prior to pre-purchase surveys.
10. We shall not be held responsible for any loss, damage or injury arising from actions or
omission of the client, the client’s agents, servants and independent contractors.
The client will indemnify us and keep us indemnified against all claims, costs, damages and expenses arising from such acts or omissions.
11. Unless otherwise stated, the quotation is based on all the conditions of the site being the same as the time of quotation.
12. Except where specifically stated in our quotation, we make no allowance for: payment of any way leave;
for reinstatement, for traffic control, for watching, for lighting or for protection of works.
If these prove necessary, the client will be notified and an appropriate charge will be added to the works.
13. It is the duty of the client to provide all available knowledge regarding underground services to EMS.
EMS will take appropriate actions to reduce the risk of our works to underground services,
including ensuring that utility plans are obtained from statutory providers (a cost for this will be included in estimates).
EMS will not be held responsible for damage to underground services which are known to the client, when this knowledge has not been passed on to EMS.
14. EMS has a commitment of confidentiality to our clients and no information will be shared or placed in the public domain
unless the relevant permissions are gained or the information has already been made publicly available by the client.
The exception to this is where EMS is required by law or authorised by contractual Commitments to release confidential information,
the client or individual concerned shall, unless prohibited by law, be notified of the information provided. Information about the client obtained from sources other than the client (e.g. complainant, regulators) shall be treated as confidential.
15. EMS provide client’s borehole and trial pit logs to the British Geological Survey.
These are placed on a publicly available database which is of great benefit to the geoscience community.
Clients are informed of this at the time of report issue, and are given the opportunity to prohibit the release of logs at this time.