TERMS & CONDITIONS
for the supply of fire door inspection, installation, maintenance and fire stopping services
BW Consultants Ltd trading as Fire Door Experts | Version 3.1 – October 2026

Application and Entire Agreement

1.  These Terms and Conditions apply to the provision of the services detailed in our pricing estimates (Services), and to any goods and materials supplied with them, by BW Consultants Ltd, trading as Fire Door Experts, a company registered in England and Wales under number 3691056 whose registered office is at Devonshire House, Works Road, Letchworth Garden City, Hertfordshire, SG6 1GJ (we, us or our) to the person, company or organisation buying the Services (you or the Client).

2.  You are deemed to have accepted these Terms and Conditions when you accept our pricing estimate (whether in writing, by issuing a purchase order, by paying a deposit or by allowing the Services to start) or from the date of any performance of the Services, whichever happens earlier. These Terms and Conditions and our pricing estimate together form the entire agreement between us (the Contract).

3.  You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not set out in the Contract. These Terms and Conditions apply to the exclusion of any other terms that you try to impose or incorporate (including any terms printed on a purchase order), or which are implied by trade, custom, practice or course of dealing.

4.  Where you have engaged us under a separate written contract, sub-contract or framework agreement signed by both parties, the terms of that agreement take precedence over these Terms and Conditions to the extent of any conflict.

Interpretation

5.  A business day means any day other than a Saturday, Sunday or bank holiday in England and Wales. Works means the physical works carried out on site as part of the Services. Site means the property or premises at which the Works are carried out.

6.  The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.

7.  Words importing the singular include the plural and vice versa. References to any statute or regulation include any amendment, re-enactment or replacement of it.

Services

8.  We warrant that we will use reasonable care and skill in our performance of the Services, which will comply with the pricing estimate, including any specification, in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law, British Standard, certification scheme rule or safety requirement, and we will notify you if this is necessary.

9.  We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the pricing estimate; however, time shall not be of the essence in the performance of our obligations. Programme dates are dependent on you meeting your obligations under the section headed “Your Obligations” and on the lead times of door-set manufacturers and other suppliers.

10.  Basis of estimates. All information, pricing and works proposed are based on our interpretation of the information you have provided to us (including any survey, fire risk assessment, door schedule, drawings or specification). Any discrepancies or deviations should be notified to us in writing before you accept the pricing estimate. Unless expressly stated in the pricing estimate, the Fees exclude: making good and decoration beyond the immediate door reveal; electrical works; scaffolding or access equipment beyond step ladders; out-of-hours or weekend working; parking and congestion charges; and asbestos surveys or removal.

11.  Replacement door-sets. Unless otherwise specified in writing, all replacement door-sets are quoted on a like-for-like basis in terms of size, configuration, fire rating, ironmongery and finish, subject always to the fire rating required by the building’s fire strategy or fire risk assessment, the manufacturer’s test evidence and the rules of the certification scheme under which we install. Where the existing door-set, frame or surrounding construction is unsuitable for a like-for-like replacement, we will tell you and will not manufacture until you have approved a compliant alternative in writing. Changes to design, configuration or specification will require requotation and your written approval before manufacture.

12.  Fire door inspections and surveys. Where the Services include inspection or survey, our findings are  visual, non-destructive assessment of the condition of each door-set at the time of inspection. We do not warrant the fire performance of any existing door-set, and our reports do not constitute a certificate of compliance. Recommendations are based on the information available on the day and on published industry guidance current at the time.

13.  Design liability. We do not accept liability for design unless we are explicitly engaged in writing to provide design services. Any design input we provide is indicative, is based on standard industry practice and manufacturers’ guidance, and should be reviewed and approved by a suitably qualified person engaged by you.

14.  Fire stopping and compartmentation. Fire stopping, penetration sealing and compartmentation works are carried out by specialist sub-contractors engaged by us, using their own tested or assessed systems, and their installation records form part of our handover documentation. Such works are limited to the items identified in the pricing estimate. Concealed voids, substrates or defects that cannot be seen without opening up are excluded unless expressly included. We do not warrant or certify the fire compartmentation of the building as a whole, or of any element we have not been engaged to survey or remediate.

Your Obligations

15.  You must obtain any permissions, consents, licences, landlord or listed building approvals that we need, and must give us access to all relevant information, materials, properties and other matters which we require to provide the Services.

16.  You must provide us with free, safe and unobstructed access to the Site and to every door-set included in the Works during our normal working hours (or as otherwise agreed), together with adequate lighting, power, water, welfare facilities and secure storage for materials. Where the Works are in occupied premises, you are responsible for notifying occupants, clearing the working area and arranging any decanting or out-of-hours access required.

17.  Before the Works start you must provide us with a copy of the asbestos register (and, where the Works involve cutting into or disturbing the building fabric, a refurbishment and demolition asbestos survey of the affected areas) for any building constructed before the year 2000, and must tell us of any known hazards, buried or concealed services, or restrictions on Site. If asbestos-containing materials or other hazards are discovered during the Works, we will stop work in the affected area and any resulting delay or additional cost will be treated as a variation under the section headed “Estimates, Cancellation and Amendment”.

18.  Unless we agree otherwise in writing, you are the “client” for the purposes of the Construction (Design and Management) Regulations 2015 and are responsible for the client duties under those Regulations, including the appointment of a principal designer and principal contractor where the project involves more than one contractor. Where you are a domestic client, the client duties pass to us (or to the principal contractor, where one is appointed) in accordance with those Regulations.

19.  Review and approval. You are responsible for reviewing and approving all specifications, door and ironmongery schedules, quotations and reports we issue. Any required changes or concerns must be raised in writing within five (5) business days of issue to avoid delays. Final approval of the Works, including any design or installation, lies with you or your appointed competent advisor. Your approval is an administrative confirmation of the scope and specification and does not relieve us of our own duty to carry out the Works competently, nor does it amount to acceptance of any defect in our workmanship.

20.  Unsafe or unsupported instructions. We may refuse, suspend or stop any Works, or any part of them, where in our reasonable professional opinion proceeding would be unsafe, would breach a legal requirement or certification scheme rule, or would require us to install or certify a door-set or component for which no suitable test evidence exists. We will tell you promptly, record the issue and your decision, and any resulting delay or additional cost will be treated as a variation.

21.  If you do not comply with this section, we can suspend or terminate the Services. We are not liable for any delay in, or failure to provide, the Services if this is caused by your failure to comply with this section, and any resulting abortive time or cost may be charged in accordance with clause 33.

Fees and Deposit

22.  The fees (Fees) for the Services are set out in the pricing estimate. Unless the pricing estimate states a fixed price, the Fees are on a time and materials basis.

23.  In addition to the Fees, we can recover from you: (a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence, parking and congestion charges and any associated expenses; (b) the cost of services provided by third parties and required by us for the performance of the Services; and (c) the cost of any materials required for the provision of the Services which are not included in the pricing estimate.

24.  You must pay us for any additional Services provided by us that are not specified in the pricing estimate in accordance with our then current daily rate in effect at the time of performance, or such rate as may be agreed between us in writing. Clause 23 also applies to these additional Services.

25.  The Fees are exclusive of VAT and any other taxes or levies which are imposed or charged by any competent authority. Where the Construction Industry Scheme applies, payments will be made gross or net of deduction in accordance with our verified status with HM Revenue & Customs.

26.  You must pay a deposit (Deposit) as stated in the pricing estimate, typically 40% of the “Estimate Total (exc VAT)” figure. Upon your acceptance of our pricing estimate we will issue an invoice for the Deposit, which is payable within 7 days of the date of the invoice. Where the Works include door-sets or other made-to-order items, we will not place manufacturing orders until the Deposit has been received in cleared funds, and programme dates will move accordingly.

27.  If you do not pay the Deposit in accordance with clause 26, we can either withhold provision of the Services until the Deposit is received or terminate the Contract under the section headed “Termination”.

28.  The Deposit is non-refundable unless we fail to provide the Services and are at fault for that failure. Where you cancel after the Deposit has been paid, we may apply the Deposit against the costs of any materials or doorsets ordered, work carried out and any cancellation charge due under clause 33, and will refund any balance remaining.

Estimates, Cancellation and Amendment

29.  Our pricing estimates are valid for acceptance for 30 days from the date of issue, after which we may withdraw or revise them. Where the Works have not started within 90 days of acceptance, or where our suppliers increase the price of door-sets, timber, ironmongery or other materials by more than 5% between the date of the pricing estimate and the date of order, we reserve the right to adjust the Fees by the net amount of the documented increase in our supplier’s price (without any additional margin), and will notify you in writing with supporting evidence before placing the order. If you do not accept the adjustment within 5 business days, either of us may cancel the affected part of the order and clause 26 will apply to any Deposit held.

30.  Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the pricing estimate.

31.  Changes to scope. If you want to amend any details of the Services, or require us to deviate from the agreed scope of works, you must tell us in writing as soon as possible. We will use reasonable endeavours to make the required changes. Any such variation must be confirmed in writing, and additional costs will be included in the Fees and invoiced to you. Where a variation reduces the scope, we may still charge for any materials already ordered which cannot be returned or re-used.

32.  If, due to circumstances beyond our control (including those set out in the section headed “Circumstances Beyond a Party’s Control”, or conditions discovered on Site that could not reasonably have been identified at survey stage, such as unsuitable existing frames, wall construction or concealed services), we have to make any change to the Services or how they are provided, we will notify you promptly. We will use reasonable endeavours to keep any such changes to a minimum, and any additional cost will be treated as a variation under clause 31. Where a condition discovered on Site makes it unsafe or impossible to continue, we may stop work in the affected area and will seek your instruction (or that of your nominated representative, who you must identify before the Works start) by email or telephone; instructions given this way will be confirmed in writing by us and will be binding.

33.  Cancellation and abortive visits. We reserve the right to make a charge where planned and scheduled Works are cancelled or postponed by you or your client within three (3) business days of the agreed and scheduled start date, or where our technicians attend Site and are unable to work because access, permits, inductions, information or the working area has not been provided in accordance with the section headed “Your Obligations”. The charge will be based on the day rate for each allocated technician stated in the pricing estimate (or, if none is stated, our then current day rate), per day or part day, together with any travel and accommodation costs incurred and the cost of any materials ordered for that visit. We will use reasonable endeavours to redeploy technicians and will reduce the charge by any day rate recovered elsewhere.

Project Handover and Snagging

34.  Project Handover marks the final phase of the physical Works, at which the completed project is transferred from us to you.

35.  Upon completion of the Works we will arrange for our Project Supervisor to meet with your Project Manager, or other suitable representative, to inspect the Works together. If you do not make a representative available within 10 business days of our request, the Works will be deemed to have been inspected and accepted.

36.  Any deficiencies in the Works identified and agreed during this final inspection will be scheduled for a final set of Works.

37.  Once this final set of Works is completed and the project is signed off, we will allow a period of 30 days from the date of sign-off during which you may notify us in writing of any snagging items relating to the Works, and we will attend Site to carry them out at no additional cost.

38.  Beyond this 30-day snagging period, any required adjustments or further attendance will be at your expense at our then current rates, unless the item is a defect in our workmanship which could not reasonably have been identified at sign-off, in which case we will remedy it at our cost provided it is notified to us within 12 months of sign-off. Sign-off, deemed acceptance and the snagging period are administrative steps for closing out the Works; they do not extinguish any claim for a latent defect in our workmanship which could not reasonably have been discovered during those periods, and nothing in this section limits any right you have under law which cannot be excluded.

39.  We are not liable for defects or damage caused by others, by misuse, by alteration of the door-sets after handover, by failure to maintain the door-sets in accordance with the manufacturer’s and our guidance, or by normal wear and tear in everyday use. The manufacturer’s warranty will apply to any defects in manufactured items such as door leaves, door closers, drop-down seals, lock bodies and other ironmongery, and we will assist you in making any warranty claim.

40.  Handover documentation will be provided in accordance with the section headed “Certification and Handover Documentation”.

Payment

41.  We will invoice you for payment of the Fees either: (a) when we have completed the Services; or (b) on th invoice dates or stages set out in the pricing estimate; or (c) where the Works span more than one month, by monthly application in accordance with clause 42.

42.  Staged payments. Where the Works span more than one month we will submit an application for payment on or before the 28th day of each month for Works completed and materials delivered to Site or ordered to your specification in that month, less any Deposit or previous payments received.

43.  Where the Contract is a construction contract to which Part II of the Housing Grants, Construction and Regeneration Act 1996 (as amended) applies, each application for payment or invoice we issue is the payment notice for the payment it relates to, and states the sum we consider due and the basis on which it is calculated. The due date for payment is the date of the invoice or application, and the final date for payment is 30 days after the due date, or such other credit terms as we have agreed with you in writing. To the extent these Terms and Conditions do not comply with that Act, the relevant provisions of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (as amended) apply in their place. The Act does not apply to a Contract with a residential occupier; the same due date, final date and pay less notice provisions nevertheless apply as contractual terms.

44.  If you intend to pay less than the amount stated in an invoice, you must give us a written pay less notice, stating the amount you consider due and the basis on which that amount is calculated, no later than 7 days before the final date for payment. If no valid pay less notice is given, the amount stated in the invoice is the amount due and must be paid in full by the final date for payment.

45.  Time for payment shall be of the essence of the Contract.

46.  Without limiting any other right or remedy we have for the recovery of a debt, if you do not pay by the final date for payment we will charge you interest, and the fixed-sum compensation, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 on the amount outstanding until payment is received in full. We may also recover the reasonable costs of recovering the debt.

47.  All payments due under the Contract must be made in full without any deduction, withholding or set-off except as required by law or as set out in a valid pay less notice under clause 44. No retention will be held against any sum due to us unless expressly agreed in the pricing estimate.

48.  If you do not pay by the final date for payment we may, on giving you not less than 7 days’ written notice, suspend performance of any or all of the Services until payment is received, and may cancel any future Services which have been ordered by, or otherwise arranged with, you. Any period of suspension will extend the time for completion of the Services, and our reasonable costs and expenses arising from the suspension will be added to the Fees.

49.  Either party may at any time refer a dispute arising under the Contract to adjudication in accordance with Part I of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (as amended). This right applies as a contractual term whether or not the Contract is a construction contract under the Housing Grants, Construction and Regeneration Act 1996, except where you are a consumer.

50.  All payments must be made in British Pounds Sterling by bank transfer to the account stated on our invoice, unless otherwise agreed in writing. We will never notify a change of bank details by email alone; please telephone us on 0800 484 0133 to verify any such request before making payment. Receipts for payment will be issued by us only at your request.

Certification and Handover Documentation

51.  Our installation and maintenance services are carried out under the BM TRADA Q-Mark Fire Door Installation and Maintenance schemes. Q-Mark certification and labels relate only to the Works we have carried out and do not certify the fire performance of any existing door-set, frame, wall or component that we have not supplied, installed or remediated.

52.  We can only issue Q-Mark certification for a door-set where the required evidence of its fire performance is available (for example, the manufacturer’s certification, test evidence or global assessment). Where you instruct us to work on a door-set for which no such evidence exists, or which you decline to replace on our recommendation, we will tell you in writing before proceeding, and may decline the instruction under the clause headed “Unsafe or unsupported instructions”. Where we proceed with maintenance or repair, the doorset will be recorded in our handover documentation as “not certifiable” together with the reason. The absence of historical certification does not of itself mean the door-set has failed, and we will report its condition on the basis of our inspection.

53.  Scheme records and fire safety information. Certification labels are fitted to door-sets at the time of installation or maintenance. The scheme records, installation and maintenance certificates and any information that we are required by law or by the rules of the certification scheme to provide to the building’s responsible person will be issued on completion of the relevant Works, whether or not any sum is in dispute.

54.  Handover documentation. The remaining handover pack, comprising the O&M manual, door schedule, photographic record, product data sheets, manufacturers’ warranties and our workmanship warranty under clause 38, will be issued once full and final payment has been received. Where stage payments are made for completed Works, the corresponding parts of the handover pack will be released once each stage payment is received. Until payment is received, our workmanship warranty is suspended but not extinguished; it takes effect from the date of sign-off once payment is made.

Title and Risk

55.  All goods and materials supplied remain our property until full and final payment for them has been received in cleared funds. Until then you must store any unfixed goods separately, keep them insured and not dispose of or encumber them, and we may enter the Site on reasonable notice to recover them.

56.  Risk in goods and materials passes to you on delivery to Site. You are responsible for insuring the Works, the Site and any materials delivered to Site against loss or damage (including theft, fire and flood) from the date of delivery, except for loss or damage caused by our negligence. Where we are a sub-contractor and the main contractor’s or employer’s insurance covers the Works, that insurance applies in place of this clause. We maintain public liability and employer’s liability insurance and will provide evidence of cover on request.

57.  Unless you tell us otherwise in writing before the Works start, door leaves, frames and ironmongery that we remove during the Works become our property on removal and we will remove them from Site for re-use, recycling or disposal in accordance with our waste policy. Where you require removed items to be retained on Site, or disposed of in a particular way, any additional cost will be charged as a variation.

Sub-Contracting and Assignment

58.  We can at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of our rights under the Contract and can sub-contract or delegate in any manner any or all of our obligations to any third party, provided that we remain responsible to you for the performance of the Services and that any subcontracted fire door installation or maintenance work is carried out under our certification scheme registration by operatives who hold the training the scheme requires, and is supervised and recorded by us in accordance with the scheme’s rules.

59.  You must not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under the Contract.

Termination

60.  We can terminate the Contract immediately by written notice if you:

• fail to pay any amount due under the Contract by the final date for payment; or
• are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors; or
• enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or
• convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.

61.  On termination for any reason you must pay us, within 14 days of our invoice, for all Services performed and materials supplied or ordered up to the date of termination, together with any cancellation charge under clause 33 and any other sums due under the Contract. Termination does not affect any rights or remedies which have accrued before termination, and clauses which by their nature are intended to survive termination will continue in force.

Intellectual Property

62.  We reserve all copyright and any other intellectual property rights which may subsist in any reports, surveys, schedules, drawings, photographs, specifications and other documents we produce, and in any goods supplied, in connection with the provision of the Services. On receipt of full payment we grant you a nonexclusive licence to use such documents for the purposes of the Site and the Works. We reserve the right to take any appropriate action to restrain or prevent the infringement of our intellectual property rights.

63.  Unless you tell us otherwise in writing, we may take photographs of the Works before, during and after completion and may use them, together with a general description of the project (but not your name, the Site address or any personal data, unless you agree), in our records, certification submissions, case studies and marketing material. We will not publish photographs of any healthcare, education, residential or secure premises in case studies or marketing material without your prior written consent, and we will treat site access arrangements, security information and floor plans as confidential.

Liability and Indemnity

64.  Our liability under the Contract, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, shall be limited as set out in this section.

65.  The total amount of our liability arising under or in connection with the Contract is limited to the greater of: (a) the total Fees payable by you under the Contract; and (b) the limit of indemnity under our public liability insurance applicable to the claim, or such other figure as is stated in the pricing estimate. We maintain public liability, employer’s liability and professional indemnity insurance and will provide evidence of cover and limits on request. [FDE / broker to confirm figures before issue.]

66.  We are not liable (whether caused by our employees, agents, sub-contractors or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under the Contract for:

• any indirect, special or consequential loss, damage, costs or expenses; or
• any loss of profits, loss of anticipated profits, loss of business, loss of data, loss of reputation or goodwill, or business interruption; or
• any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
• any losses caused directly or indirectly by your failure to comply with, or breach of, your obligations under the Contract; or
• any losses arising directly or indirectly from your choice of Services and how they will meet your requirements, or your use of the Services or any goods supplied in connection with the Services; or
• the fire performance or condition of any door-set, frame, wall, compartment line or component that we have not supplied, installed or remediated, or of any Works altered by others after handover.

67.  You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents, employees, occupiers or contractors.

68.  Nothing in the Contract shall limit or exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other matter for which it would be unlawful to exclude or limit liability.

Data Protection

69.  When supplying the Services we may gain access to, or acquire the ability to transfer, store or process, personal data relating to your employees, occupiers, residents or contractors (for example names, contact details, access arrangements and photographs taken on Site).

70.  The parties agree that where such processing of personal data takes place, you shall be the “controller” and we shall be the “processor” as defined in the UK General Data Protection Regulation and the Data Protection Act 2018 (together, the Data Protection Legislation), except where we determine the purposes and means of processing for our own business purposes (such as our client records, certification submissions and invoicing), in which case we act as an independent controller.

71.  “Personal data”, “processing”, “controller”, “processor” and “data subject” have the meanings given to them in the Data Protection Legislation.

72.  We shall only process personal data to the extent reasonably required to enable us to supply the Services, or as otherwise requested by and agreed with you; shall not retain personal data longer than necessary for that processing; and shall not process personal data for our own or any third party’s purposes except as described in clause 70.

73.  We shall not disclose personal data to any third parties other than our employees, directors, agents, subcontractors, certification bodies or advisers on a strict need-to-know basis and only under the same (or more extensive) conditions as set out in these Terms and Conditions, or to the extent required by applicable legislation or regulations.

74.  Where we act as your processor, the data processing terms in Schedule 2 apply and form part of the Contract.

75.  We shall implement and maintain appropriate technical and organisational security measures to protect the personal data we process on your behalf, shall notify you without undue delay on becoming aware of a personal data breach affecting that data, and shall provide reasonable assistance with data subject requests relating to it.

76.  Further information about our approach to data protection is set out in our Privacy Policy, which can be found at www.firedoorexperts.co.uk. For any enquiries or complaints regarding data privacy, please contact our data protection lead at simonwest@bwcltd.com.

Circumstances Beyond a Party’s Control

77.  Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, epidemic or pandemic and any related government restrictions, acts of terrorism, acts of war, governmental action, failure or delay of manufacturers or suppliers beyond our reasonable control, or any other event that is beyond the control of the party in question. This clause does not excuse you from paying for Services performed or materials ordered. If the delay continues for a period of 90 days, either of us may terminate the Contract by written notice, and clause 61 will apply.

Consumer Clients

78.  Where you are contracting with us as a consumer (an individual acting for purposes wholly or mainly outside your trade, business, craft or profession), the Consumer Rights Act 2015 applies, nothing in these Terms and Conditions affects your statutory rights, and the additional terms in Schedule 1 apply. In the event of any conflict, Schedule 1 takes precedence over the remainder of these Terms and Conditions.

Communications

79.  All notices under the Contract must be in writing and signed by, or sent on behalf of, the party giving notice (or a duly authorised officer of that party).

80.  Notices shall be deemed to have been duly given:

• when delivered, if delivered by hand, courier or other messenger (including registered mail) during the normal business hours of the recipient;
• when sent, if transmitted by email to the address most recently notified by the recipient, provided no delivery-failure message is received; or
• on the second business day following posting, if sent by first-class post or recorded delivery.

81.  All notices under the Contract must be addressed to the most recent postal address or email address notifiedto the other party. Our address for notices is Devonshire House, Works Road, Letchworth Garden City, Hertfordshire, SG6 1GJ, or enquiries@firedoorexperts.co.uk.

General

82.  No waiver. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy, nor prevent the further exercise of any other right or remedy.

83.  Severance. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that or those provisions will be deemed severed from the remainder of these Terms and Conditions, which will remain valid and enforceable.

84.  Third parties. A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

85.  Non-solicitation. During the Contract and for 6 months after its completion, you must not, without our prior written consent, directly or indirectly employ or engage, or offer to employ or engage, any of our employees, technicians or sub-contractors who have been involved in providing the Services.

86.  Variation of these terms. We may update these Terms and Conditions from time to time. The version current at the date of our pricing estimate applies to that Contract. The current version is always available at www.firedoorexperts.co.uk.

Law and Jurisdiction

87.  The Contract shall be governed by and interpreted according to the law of England and Wales, and all disputes arising under or in connection with the Contract (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales, without prejudice to either party’s right to refer a dispute to adjudication under clause 49.

Schedule 1 – Consumer Clients

This Schedule applies only where you are a consumer. Business and construction sub-contract clients should disregard it.

This Schedule applies where we process personal data on your behalf as your processor in the course of providing the Services. It does not apply to personal data we process as an independent controller for our own client records, certification submissions, invoicing and marketing.

Subject matter and duration. Processing is limited to what is necessary to survey, install, maintain or inspect fire doors and associated works at the Site, and continues for the duration of the Contract plus any retention period required by the certification scheme or by law.

Nature and purpose. Recording door locations and conditions; arranging and recording access; photographing door-sets and their surroundings; issuing certificates, labels and handover records; and communicating with site contacts.

Categories of data and data subjects. Names, job titles, telephone numbers and email addresses of your employees, agents and site contacts; names, flat or room numbers and access arrangements of residents or occupiers where you provide them; incidental images of individuals captured in site photographs. No special category data is intended to be processed.

Our obligations. We will: (a) process personal data only on your documented instructions, which include these Terms and Conditions, unless required by law to do otherwise, in which case we will tell you first where permitted; (b) ensure that everyone we authorise to process the data is bound by a duty of confidentiality; (c) implement appropriate technical and organisational measures, including access-controlled cloud storage, device passcodes and deletion of site photographs from personal devices once uploaded; (d) not engage another processor without your general written authorisation, which you give for our certification body, our IT and cloud storage providers and our specialist sub-contractors engaged on the Works, and we will tell you of any change so you can object; (e) assist you, taking account of the nature of the processing, in responding to data subject requests and in meeting your obligations on security, breach notification and impact assessments; (f) notify you without undue delay, and in any event within 48 hours, on becoming aware of a personal data breach affecting your data; (g) at your choice, delete or return the personal data at the end of the Services, except for records we must retain under the certification scheme or by law; and (h) make available the information necessary to demonstrate compliance with this Schedule and allow for and contribute to reasonable audits conducted by you or an auditor you mandate, on not less than 10 business days’ notice and no more than once a year unless a breach has occurred.

International transfers. We do not transfer personal data outside the United Kingdom other than through cloud service providers operating under the UK International Data Transfer Agreement or UK adequacy regulations.

Acceptance

By accepting our pricing estimate, issuing a purchase order, paying a deposit or allowing the Services to start, you confirm that you have read, understood and agree to be bound by these Terms and Conditions. A copy of the current version is always available at www.firedoorexperts.co.uk.