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Terms & Conditions

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New customers to North West Environmental Services Ltd t/a Coal Consultants (The Company), will be subject to a credit reference check before terms can be
agreed.

On contracts with duration of LESS than 4 weeks, full payment of our invoice, without any deduction for retention, must be made by you within 30 days of the
date of the invoice unless stated otherwise or agreed in writing between both Parties.

On Contracts with duration of MORE than 4 weeks, interim invoices will be raised at the end of each calendar month and payment in full, without deduction for retention, must be made within 30 days of the date of the interim invoice.

If these terms are exceeded, we reserve the right, at our discretion, to charge interest under Section 69 of the County Court Act 1985 at a rate of 3% over bank base rate on overdue amounts and recover any costs incurred in obtaining payment of monies due to us.

Subject to any special terms agreed in Writing between the Client and the Company, the Company shall be entitled to invoice the Client for the price of the Services on or at any time after commencement of the same.

Any quotation is exclusive of VAT.

Our quotation is based upon our being given/having reasonable continuity of work on site, should site conditions dictate otherwise, we reserve the right to review our prices.

No order submitted by the Client shall be deemed to be accepted by the Company unless and until confirmed in Writing by the Company's authorized representative.

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.

The Company will perform the Services using its own staff. However, the company reserves its right to sub-contract the whole or part of the work.

Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance or offer, invoice issued by the Company shall be subject to correction without any liability on the part of the Company.

Our quotation will remain 'Fixed' for a period of 30 days, subject to any Government increases and will remain open for acceptance for 30 days.

Site security will be the responsibility of the purchaser.

Coal Consultants quotations are based upon completing works in accordance with the scope of works detailed above and our agreed plan of work. Should it prove necessary to amend the plan of work due to any change in site conditions, we reserve the right to review our prices.

In the event of an abortive visit, Coal Consultants shall levy a standard charge to compensate for unproductive time/use of plant and materials. 

No method statements / risk assessments will be drawn up if we are not in receipt of official order confirmation.

Placement of orders deem acceptance of our terms and conditions.

No retentions on any contracts unless specifically accepted within terms of instruction.

An Asbestos reinspection survey will be required 12 months from the date of the survey, as per CAR 2012. COAL Consultants will carry out this work at a cost of £100 VAT call out charge plus £10 VAT per positive item unless the client opts out in writing.

The Client shall not solicit or entice away or seek to entice away from the Company to work for its business, whether as principal, agent, partner, director, employee, secondee or consultant, any person who is or was employed or engaged by the Company in providing the Services. Should the Client be in breach of this, then it shall pay to the Company a sum to cover the Company's reasonable losses and costs in this matter.

The Company may consult or register information about the Client and the conduct of the Client's account with a licensed credit reference agency. The Company may also consult a licensed credit agency about any credit information that they hold on the Client, or the Client's principal directors. The Company will keep a record of that search either on computer or on manual records.

The company shall endeavour to identify all Asbestos Containing Materials within the scope of the actioned survey in line with HSG 264 and the category of the
survey carried out. 

However:

> In management surveys, surveyors should be properly prepared for accessing all reasonably practicable areas in all parts of the building. Potentially difficult to enter areas (including locked rooms etc) should be identified in the planning stage with the duty holder and arrangements made for access, e.g. mobile elevating work platforms (MEWPs) for work at height, rooms unlocked, doors/corridors unblocked etc. In situations where there is no entry on the day of the survey, a revisit should be made when access will be possible. Where there are health and safety risks associated with some activities (e.g. height, confined spaces), these should be adequately assessed, and arrangements made to control them. Any area not accessed (and where no other information exists) must be
presumed to contain asbestos and be managed on that basis. (HSG 264 Asbestos – The Survey Guide paragraph 56: page 21).

> In refurbishment surveys, the area and scope of the work will need to be agreed between the duty holder and the surveyor. In these surveys and in demolition surveys there should be no restrictions on access unless the site is unsafe (e.g. fire- damaged premises) or access is physically impractical. The level of intrusion will be significantly greater than with management surveys. It will include accessing structural areas, between floors and walls and underground services. Some areas may be difficult to gain entry to and/or may need specialist assistance or equipment. Access arrangements need to be fully discussed in the planning stage and form part of the contract, particularly where assistance has to be engaged. Where access has not been possible during refurbishment and demolition surveys, these areas must be clearly located on plans and in the text of the report to allow the refurbishment and demolition processes to be progressive in those areas. Any ACMs must be identified and removed at this time. It is now recognised that even with ‘complete’ access demolition surveys, all ACMs may not be identified, and this only becomes apparent during demolition itself. Surveyors need to be competent to do all the relevant work and tasks in this class of surveys. They will need some knowledge of construction, be able to carry out the work safely and without risk to health, have the correct equipment to do the work and have the appropriate insurance. (HSG 264 Asbestos – The Survey Guide paragraph 57: page 22).

Types of Survey

A 'Re-inspection' is normally carried out as part of an on-going Asbestos management policy. The difference between a full management survey and a re-inspection is that the management survey is to locate, as far as reasonably practicable, the presence and extent of any suspect ACM's in the building which could be damaged or disturbed during normal occupancy and to assess their condition. The re-inspection is the periodic assessment of the recorded Asbestos containing materials in order to check the condition has not altered and the item is being managed correctly. The reinspection will also reassess any areas/items reported in the original management survey as limited or not accessed. The status of these areas will be reported - should any become accessible during the repeat inspection a management survey may be arranged. Re-inspections may involve minor intrusive work and some disturbance, where access to ACMs within service or void areas are required. The objective of a re-inspection is to produce an electronic report of the findings of the inspection. The report will have a material assessment for each positive occurrence of asbestos along with full recommendations which can be adopted as the management plan
going forward. There should be no need for any sampling as the ACM's will have been identified by others in previous reports. A re-inspection is a way to ensure current management plans are being followed and is often treated as an external audit system.

A 'Management' survey is needed to comply with regulation 4 of CAR 2012 and it also complies with legal matters during the purchase/sale of a building. In a
commercial environment regulation 4 places a legal obligation on the duty holder to manage asbestos within premises that they occupy or manage. To manage asbestos in a building the duty holder needs to know what the material is and where the material is located as well as the condition it is in. A management survey is the standard survey, its purpose is to locate, as far as reasonably practicable, the presence and extent of any suspect ACM's in the building which could be damaged or disturbed during normal occupancy, and to assess their condition. Management surveys will often involve minor intrusive work and some disturbance. The objective of a management survey is to produce an electronic report of the survey findings. The report will have a material assessment for
each positive occurrence of asbestos along with full recommendations which can be adopted as the management plan. Depending upon the economic viability and possible disturbance to building finishes a management survey can be a presumptive survey or samples may be taken and sent for analysis or a combination of the two. A management survey complies 100% with Regulation 4 CAR2012. Where there are large numbers of identical items distributed throughout the site (e.g. fuse boxes with asbestos flash pads) a single sample will be taken for analysis and therefore the client must assume that identical items will have the same composition as the one specified. Where the survey reports a material as NON-ASBESTOS by visual inspection and with no analysis of samples (e.g. recently lagged pipe work covered with metal cladding) then the client should exercise caution in interpreting the results. It is IMPORTANT to stress that in such circumstances, there may be residues of asbestos trapped under the newly applied lagging (e.g. from previous asbestos removal carried out in the past). It is not usually practicable to detect such residues until major disturbances of the material takes place within the scope of a destructive survey. Therefore, the surveying company responsible cannot accept liability for the detection of such residues in this survey. If the client undertakes major alterations in a specific area where it may be possible that residual asbestos may be found, then it is recommended that further investigation of the specific area be carried out before
the start of work.
Please note: - If there is any major refurbishment to be undertaken or if the building is to be demolished then a Refurbishment & Demolition intrusive survey will
be necessary.

A 'Refurbishment' survey is needed before any refurbishment work is carried out.
This type of survey is to establish and describe as far as practicable, all A.C.M.'s in the building and may have involved destructive inspection techniques. The volume of asbestos materials has been established but no assessment of condition has been made other than to highlight areas of significant damage or debris. On all types of survey, where "NO ACCESS" is used, it indicates that the area specified was not accessible at the time of the survey. The client is to be alerted to the possibility of there being asbestos materials in the area. This may therefore require further investigation. Only those areas defined are covered in this report. Those areas not identified should be considered as not accessed for the purpose of this survey. The survey will be fully intrusive and involve destructive inspection, as necessary, to gain access to all areas, including those that may be difficult to reach. If fixtures and fittings are to stay intact and the works are ‘site specific’ then you will need to advise us prior to the survey and these will be noted on the report. There is a specific requirement in CAR 2012 (regulation 7) for all ACM's to be removed as far as reasonably practicable before refurbishment works are carried out. Removing ACM's is also appropriate in other smaller refurbishment situations which involve structural or layout changes to buildings.

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