Terms and Conditions

Company information

Sellars Environmental Limited
12 Fairmead Road
Reading
Berkshire
RG2 9DL

Company Registered in England and Wales No. 12518376

 

General

1. Unless otherwise agreed in writing, all work, products and services are provided by Sellars Environmental Limited upon the Terms and Conditions set out below. These Terms and Conditions should be read in conjunction with any fee proposal. Together, these will form the basis on which Sellars Environmental Limited shall provide its services.
   
   Acceptance of a fee proposal from Sellars Environmental Limited implies acceptance of these Terms. All clauses in this document shall be deemed to apply to the appointment unless specifically agreed otherwise in writing.


2. Sellars Environmental Limited reserves the right to revise its Terms and Conditions at any time.


3. Sellars Environmental Limited will use reasonable skill, care and diligence in accordance with the normal standards of the profession.


4. The client is required to provide Sellars Environmental Limited with such information and make such decisions as are necessary for the proper performance of the agreed service.

 

Fees and payment

5. The fee payable by the client covers the work set out in the quotation. Should Sellars Environmental Limited be required to carry out additional work, Sellars Environmental Limited reserves the right to charge an additional fee, which shall be quoted to the client prior to commencement of the additional work. Quotations are valid for ninety (90) days from the date of issue.


6. Invoices will usually be sent on a monthly basis, or when the work is completed, or as otherwise agreed. Payment of invoices shall be due within thirty (30) days of the date of issue. Any query or dispute in respect of an invoice must be notified to Sellars Environmental Limited within 5 days of receipt of the invoice, otherwise the invoice will be deemed as accepted for payment.


7. The Late Payment of Commercial Debts (Interest) Act 1998 allows interest at a rate of 8% above the bank base rate and Sellars Environmental Limited may charge interest under the provisions of that Act.


8. Sellars Environmental Limited reserves the right to withhold final reports until full payment has been received.


9. VAT is applicable to all fee proposals and invoices at the prevailing rate.

 

Access to sites

10. The client is responsible for obtaining all necessary licences and permissions to enable access to sites by Sellars Environmental Limited and its personnel. If the necessary consents are not obtained and Sellars Environmental Limited is not informed of this before travelling to a site – and is unable to obtain access as a result, the client will be charged for the additional time spent.


11. Unless agreed otherwise, the client must ensure that a map showing complete and accurate site boundaries and means of access is provided at time of commissioning. Sellars Environmental Limited will make a charge for any additional base maps obtained.

 

Waste

12. Unless agreed otherwise, the client will be responsible for the removal and disposal of waste created by Sellars Environmental Limited whilst carrying out the commission.

 

Health and safety

13. The client must give Sellars Environmental Limited advance warning of any known potential dangers or hazards at the site or in the vicinity such as, but not limited to: shooting, subsidence, mineshafts, unsafe structures, livestock, polluted waters, chemical toxicity and dangerous substances.

 

Insurance

14. Sellars Environmental Limited personnel are covered by appropriate employee and public liability insurance, the policies relating to which may be inspected upon request. Sellars Environmental Limited does not accept liability except in relation to any loss, damage or expenses arising as a direct consequence of the negligence of Sellars Environmental Limited or its contractors/employees.

 

Confidentiality

15. Subject always to the terms of the Data Protection Act, unless the client expressly states in writing that information provided by the client is confidential, all information supplied by the client will be treated as within the public domain. Where information is expressed by the client to be confidential (and is in fact not already in the public domain) Sellars Environmental Limited will take all practical steps to ensure that the information is communicated only to persons engaged in providing and supervising the agreed services, and that those persons treat the information as confidential, until such time as the information is in the public domain.


16. Confidentiality will not apply where legal or other obligations oblige or necessitate disclosure of information. In particular, provision of confidential information is likely to be a requirement in submission of licence returns in respect of activities carried out under protected species licences etc, and in respect of planning applications.


17. Sellars Environmental Limited does not accept liability for any loss or damage incurred by the client as a result of disclosure of information unless Sellars Environmental Limited was advised in writing in advance that information is confidential.

 

Data and information

18. Sellars Environmental Limited reserves the right to retain and use any data or information obtained in the course of the provision of services (other than information disclosed by the client expressly on a confidential basis) for its own purposes.


19. Data may be passed on to biological record centres unless otherwise agreed with the client in writing prior to work commencing.

 

Copyright and title

20. Regardless of the format in which they are held, title to and copyright in all materials, documents, data, recordings and drawings created and produced by Sellars Environmental Limited and its personnel shall, unless otherwise agreed, remain the sole property of Sellars Environmental Limited.


21. The client will be entitled to use documents and drawings in executing the works for which they were prepared by Sellars Environmental Limited provided that (a) all fees due to Sellars Environmental Limited have been paid in full, and (b) the entitlement relates only to that site for which the documents and drawings were prepared.

 

Completion and termination

22. Sellars Environmental Limited will use its best endeavours to complete the commissioned services by the agreed date. However, work is subject to weather conditions, seasonality, disease restrictions, enforced access restrictions, migration and dispersal of species and other factors. Completion is therefore subject to such factors and to force majeure including, but not limited to flood; lightning or fire; industrial action or lock-outs; the acts or omissions of government, highways authorities, planning authorities or other authorities; war, military operations or riot; the act or omission of any party for which Sellars Environmental Limited is not responsible.


23. The Client may terminate or suspend Sellars Environmental Limited’s appointment in whole or in part by giving notice in writing, subject to full payment to Sellars Environmental Limited for all work undertaken up to the date of receipt of the notice.


24. If the client suspends the appointment in accordance with clause 23, if no further instruction has been received by Sellars Environmental Limited within 6 months Sellars Environmental Limited may make a written request for instructions and if no instruction is received within 30 days, the appointment will be treated as terminated.


25. Sellars Environmental Limited will give immediate notice in writing to the client of any situation arising from force majeure or other factors which makes it impractical or prejudicial to carry out or complete any of the agreed services, and to agree with the client a suitable course of action. In the event that the appointment is cancelled, Sellars Environmental Limited shall be entitled to be paid fees for all work undertaken up to cancellation.


26. If death or incapacity prevents Sellars Environmental Limited from carrying out the agreed services, the appointment shall be terminated. In this event, once all outstanding fees have been paid, the client will be entitled to use all data obtained for the project subject to the provisions in respect of copyright and title set out above.


27. Sellars Environmental Limited reserves the right to cancel the contract upon notice in writing to the client before commencement of work, or otherwise if cancellation is due to prejudicial conditions or force majeure.

 

Personnel and subcontracting

28. Personnel allocated by Sellars Environmental Limited to work on or manage projects may be changed if circumstances require. Sellars Environmental Limited reserves the right to sub-contract work where necessary for the satisfactory completion of a contract.

 

Products

29. Title to any goods supplied does not pass to the customer until full payment has been received.


30. In the case of cheques, payment is deemed to be made when the cheque clears.


31. Sellars Environmental Limited does not have a refund policy for products that have been purchased. Any faulty goods will be exchanged in accordance to current UK customer rights.

 

Delivery

32. Prices of items do not include delivery. Delivery charges will depend upon the item and method of delivery and will be advised to the client before payment is taken.


33. It is the responsibility of the customer to ensure that delivery details provided to Sellars Environmental Limited are correct. Sellars Environmental Limited is not responsible for goods delivered to an incorrect location advised by the customer.

 

Disputes

34. In the event that the client and Sellars Environmental Limited are unable to settle any difference or dispute arising from an appointment they should initially and by agreement invite a third party to act as mediator to effect mediation and settlement, before exercising their rights to other means of resolving the dispute. The third party should be well versed in the process of mediation.


35. Any difference or dispute which cannot be resolved in accordance with clause 36 may be referred to arbitration. The arbitrator is to be a person agreed between the parties or, failing agreement within 21 days after either party has given to the other a written request to agree to the appointment of an arbitrator, a person to be appointed at the request of either party by the President or Vice President for the time being of the Chartered Institute of Arbitrators.


36. Any disputes arising from an appointment and the application of these conditions shall be governed by the laws of England and Wales.