Standard Terms & Conditions of Business: Fire Damper Survey, Testing & Life-Safety Compliance

1. Definitions

1.1. In these Terms of Business, the following definitions shall apply:

• The Company, We, Us, or LEX HYGIENE LTD – Units 10 & 11, Whittingtons Court, Wheatley Hall Road, Doncaster, South Yorkshire, DN2 4PE. Company No 10485831.
• Technician, Engineer, or Assessor – Means the competent person or firm carrying out the fire damper survey, drop-testing, and compliance services on behalf of the Company.
• Client – Means the person, partnership, firm, or corporate body together with any subsidiary or associated company as defined by the Companies Act 1985 to whom the life-safety compliance services are supplied by the Company.
• Client’s Address – Means the address or facility where the Client has requested the survey and testing services to be carried out.
• Compliance Services – Means the fire damper drop-testing, inspection, survey, maintenance, and reporting services carried out by or on behalf of the Company.
• Site Visit – Means the visit to the Client’s service address by the Technician in order to carry out the agreed scope of works.

1.2. Unless the context requires otherwise, reference to the singular include the plural and references to the masculine include the feminine and vice versa.

1.3. The Headings contained in these Terms are for convenience only and do not affect their interpretation.

2. Contract

2.1. These Terms and Conditions represent a contract between LEX HYGIENE and the Client.

2.2. Both parties shall ensure that their respective responsibilities under this agreement are undertaken in compliance with all statutory regulations, fire safety legislation (including the Regulatory Reform (Fire Safety) Order 2005), and codes of conduct.

2.3. The Client agrees that any use of the Company’s services, including placing an order for services by telephone, fax, email, or website forms, shall constitute the Client’s acceptance of these Terms and Conditions.

2.4. Unless otherwise agreed in writing by a director of the Company, these Terms and Conditions shall prevail over any other terms of business or purchase conditions put forward by the Client.

2.5. No variation or alteration of these Terms and Conditions shall be valid unless approved in writing by a director of the Company.

3. Quotations & Scope of Work

3.1. Fire damper surveying, drop-testing, and life-safety compliance packages are priced based on the estimated time and number of dampers required to be accessed and tested. Company representatives will conduct a site consultation or review to determine the exact price. Estimates or initial quotes may be subject to review once physical access to dampers is established on-site.

3.2. The Company may provide approximate prices over the phone if the Client declines a pre-survey site visit. An accurate price is provided to the Client on-site prior to work commencing.

3.3. All quotations are given by the Company following a request by the Client and shall remain open to acceptance for a period of 30 days from their date.

3.4. The Company reserves the right to amend the initial quotation should the Client’s original requirements change, or should restricted access, unmapped dampers, or unexpected structural impediments alter the extent of the works.

3.5. Differences in access or damper counts exceeding 10% will be discussed with the Client prior to the start of testing. In such cases, the Client will have to pay a £50.00 cancellation fee if they do not accept the updated pricing.

4. Access & Facilities

4.1. The Company shall provide all specialized testing equipment, inspection tools, and personal protective equipment (PPE) required to carry out the service.

4.2. The Client must provide adequate lighting, running water, and electricity at the premises, along with safe access and egress to all damper locations (including high-level ceiling voids and duct access panels).

4.3. The Client must ensure that up-to-date schematic drawings (as-installed HVAC / fire strategy drawings) and safe access equipment (such as scaffold towers orMEWPs, where required and previously agreed) are available on-site to facilitate safe testing.

5. Payment Terms

5.1. The Company reserves the right to request a 50% deposit from the Client, payable at the time of booking.

5.2. Unless otherwise agreed in writing by the Company, the account is rendered for payment 7 days from the production of the Company’s invoice (upon completion of the survey/issuance of compliance reports).

Note: If payment is not made within 7 days, the Client will be charged a £50.00 administration fee and interest on the invoice amount at a rate of 3%.

5.3. Although greatly appreciated and a powerful way to say thank you, the Client understands that tipping is not required for commercial technicians.

5.4. If payment is not made in full within 30 days of the invoice date, the matter will be forwarded to High Court Warrants Yorkshire Limited (or a chosen enforcement agency) for debt recovery. If this course of action is necessary, additional costs will be incurred in the form of professional fees and Court disbursements, for which you will be responsible.

5.5. Where alternative credit arrangements have been made in writing, the Client must make payment strictly within the agreed timeframe.

5.6. The Client shall make no reduction or retention from the sum due under any invoice for alleged delays in certification release.

6. Cancellation & Postponement

6.1. The Client can cancel the scheduled compliance visit by giving no less than 4 days’ prior notice in writing. 6.2. Cancellation fees apply as follows:

£300.00 cancellation fee or 40% of the service total (whichever is greater) for cancelling with less than 4 days’ notice.

£100.00 fee for rescheduling a visit with less than 4 days’ but more than 2 days’ notice.

6.3. The Company reserves the right to retain the 50% deposit as part or whole of a cancellation fee. 6.4. The Client must pay the full price of the booked service if:

6.4.1 Our technicians arrive at the Client’s address and are unable to gain access to the premises or specific plant areas through no fault of the Company. If keys/fobs are provided, they must open all security doors without special efforts or skills.

6.4.2 The Client cancels the booked service with less than 24 hours’ prior notice. 6.5. If the Client needs to change a survey day or time, the Company will do its best to accommodate them, subject to a 4-day prior notice and resource availability.

7. Refunds

7.1. Refunds will be issued only if:

• 7.1.1 The Client has cancelled the site visit within the allowed time (4 days prior) to the start of the visit.
• 7.1.2 A technician has not been able to carry out the testing due to reasons entirely beyond the Client’s control or responsibility.

8. Complaints & Dispute Resolution

8.1. All compliance services shall be deemed to have been carried out to the Client’s satisfaction unless notice is received by the Company with details of the complaint within 24 hours of the work being completed/reports being issued. All complaints must be received verbally or in writing (post, fax, or email) no later than 48 hours after completion. The Company will fully investigate any complaint and attempt to resolve it.

8.2. The Client agrees to allow the Company back to re-inspect or re-test any disputed fire dampers before making any attempts to inspect/repair them independently or arranging a third party to do so.

9. Claims, Liability & Compliance Limitations

9.1. Due to the critical life-safety nature of the service, the Company agrees to review or correct any discrepancies in survey findings reported within 12 hours of report delivery. If an issue arises on a Saturday, it must be reported by Monday 12:00 noon to be accepted as a valid query.

9.2. The Company may require entry to the location of the claim within 24 hours to verify the operational status of the damper in dispute.

9.3. The Client waives their right to stop payment or protest payment unless the Company fundamentally fails to execute the survey.

9.4. While Company technicians make every effort not to damage ceiling tiles, access hatches, or ductwork during testing, exploratory access and mechanical drop-testing can occasionally reveal pre-existing defects or cause minor wear to aged infrastructure. The Company is not liable for necessary dismantling to achieve compliance testing.

9.5. System Operation: The Company shall not be responsible for damage due to faulty or improper installation of dampers, poor building structural integrity, or existing mechanical failure prior to our testing.

9.6. No claims or appeals regarding survey findings shall be entertained if the Client has an outstanding balance aged more than 30 days.

9.7. Any attempt to commit insurance fraud or use false information to misrepresent compliance will be prosecuted to the fullest extent of the law.

10. Liability & Force Majeure

10.1. The Company shall not be liable under any circumstances for any loss, expense, damage, delay, costs, or compensation (whether direct, indirect, or consequential) suffered by the Client arising from:

10.1.1 Its failure to carry out services as a result of factors beyond its control (e.g., acts of God, floods, severe weather, inability to gain access, lack of isolation permits, or lack of building services such as power/lighting).

10.1.2 Late arrival of technicians on-site due to transport or unforeseen site delays.

10.1.3 Inability to access certain dampers safely due to height, obstructions, or lack of pre-notified access equipment.

10.2. Fire Suppression/Ansel Systems: The Company does not inspect, isolate, or alter Fire Suppression systems. Where fire dampers are linked to suppression or HVAC interlocks, it is the Client’s responsibility to arrange for a specialized third-party contractor to isolate and reinstate these systems before and after our drop-testing.

10.3. The Company records all incoming and outgoing phone conversations for quality control, compliance tracking, and back-referral.

10.4. The Company shall not be liable under any circumstances if the Client has an outstanding balance aged 30 days or more from the date payment was due.

11. Supplementary Terms

11.1. Any estimates of how long the survey will take are provided as a guide based on average property sizes and typical damper density. Flexibility and time allowance are often required for life-safety assessments.

11.2. The testing quote is strictly for fire damper surveying and drop-testing; it does not include remedial repairs, parts replacement, or ductwork cleaning unless explicitly detailed in the quotation.

11.3. The Client must ensure that all fragile or sensitive equipment near access panels is secured, and that work areas are fully supervised.

11.4. The provisions of this contract are not intended to confer any benefit upon third parties, and the Contracts (Rights of Third Parties) Act 1999 is expressly excluded.

11.5. The Company reserves the right to make changes to these Terms and Conditions without giving prior notice. Alterations will apply to new bookings but not to existing, active contracts.

12. Our Guarantee of Professional Practice

12.1. The Company guarantees that all fire damper testing is carried out diligently and in accordance with industry standards (such as BS 9999 / DW145). If a dispute arises regarding our testing methodology or reporting standard, our engineers will re-attend site or review evidence free of charge.

12.2. Any re-testing guarantee is strictly subject to a query or complaint notice submitted within 24 hours of the work/report completion.

13. Insurance & Professional Indemnity

13.1. The Company maintains comprehensive insurance appropriate for life-safety testing, including Public Liability, Treatment Risk, and Professional Indemnity covers. All physical damage claims are subject to a policy excess of £350.00.

14. Law & Jurisdiction

14.1. These Terms are governed by the laws of England and Wales, and are subject to the exclusive jurisdiction of the Courts of England and Wales.

15. Safety & Site Hazards

15.1. Attention is drawn to the Health and Safety at Work etc. Act 1974. The Client shall notify LEX HYGIENE in writing of any specific site safety hazards or access restrictions prior to technicians arriving on-site. Hazards shall include, but are not limited to: asbestos registers, working-at-height risks, hazardous processes, or substances controlled under COSHH regulations 1988.

16. Acceptance of Quotation

16.1. By accepting our quotation, you formally agree to the standards and liabilities set out in these terms and conditions.