FloorSlip Ltd – Head Office -
UK Specialists in H&S Approved Floor Pendulum Testing for Businesses and Expert Witness Services for Slip Injury Lawyers
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Last update – July 18
ACPOS – Association of Chief Police Officers in Scotland
COPFS – Crown Office and Procurator Fiscal Service
CPR – Civil Procedure Rules
CRA – Consumer Right Act
EN – European Standards
H&S – Health and Safety
HSE – Health and Safety Executive
i.a.w. – In Accordance With
PTV – Pendulum Test Values
T&C’s – Terms and Conditions
UK – United Kingdom
UKSRG – United Kingdom Slip Resistance Group
Under the terms of the Consumer Rights Act 2015 (CRA 2015), you as the consumers have a legal right to expect fair and transparent Terms and Conditions (hereafter referred to as T&Cs). FloorSlip consider these T&C’s as forthright and simple but if you consider that any provision of these T&C’s is unenforceable or not valid then that shall not render these T&C’s as unenforceable or invalid as a whole but in such, where it is agreed that a complaint is reasonable, then the provision shall be changed or interpreted to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or court decisions.
For any queries in respect to these T&C’s please mail email@example.com
TERMS USED IN THIS DOCUMENT
CLIENTS – Our customers are termed “Clients” of FloorSlip.co.uk Ltd
ORDER means the Client’s “Order” for Services from FloorSlip
CLAIMANTS – In the event of a slip injury claim either to apportion blame or to claim monetary compensation, the “Claimant” is the person making a claim against an establishment or company or organization or individual etc. This is typically for the purpose of legitimately proving through impartial floor pendulum testing and floor safety inspection that a floor or circumstances surrounding a floor surface are not fit for the purpose of providing a “safe floor”, where the term “safe floor” is in respect to the terminology used by the UK Health and Safety Executive (hereafter termed the HSE)
DEFENDANTS – In the event of a slip claim, the “Defendant” shall always be the person in correspondence or reports whom FloorSlip are not acting for. That is not to say FloorSlip will bias the report towards the “Claimant” as FloorSlip only offer and undertake impartial testing; the term “Defendant” is simply for the reader of a report to identify quickly between the parties involved.
JOINT (EXPERT) WITNESS / JOINT (EXPERT) WITNESS REPORT – In some cases FloorSlip are requested to act in direct conjunction with an agent performing floor testing services on behalf of the Defendant and to provide a “Joint (Expert) Witness Report”. In a “Joint (Expert) Witness Report”, ideally both testing parties will agree a mutual report but there are sometimes elements where: -
AGENTS / OPERATORS – are the two interchangeable terms used by FloorSlip to describe the specialist sales / technical staff who conduct work on behalf of FloorSlip
COMPANY REGISTERED NUMBER – FloorSlip.co.uk Ltd is registered in England and Wales with company number 07757686
THE COMPANY PRIME WEBSITE is http://www.floorslip.co.uk
PRIME EMAIL – All centralized emails should be sent via – firstname.lastname@example.org
FloorSlip have a number of policies to protect our Clients and the company. The policies are procured through UK companies. Requests for policy data may be made where FloorSlip are contracted to undertake work for the requestor.
OUR SERVICES – FloorSlip provide, but are not limited to: -
o On Site Floor Pendulum Testing and Surface Roughness to British Standards
o Off Site Floor Pendulum Sample Testing & Surface Roughness Testing to British Standards
o Health and Safety assessments in respect to floors and factors related to floors
o Health and Safety training in respect to floors and factors related to floors
o Training in the use of Floor Pendulum Testing Equipment and Floor Surface Roughness
o Training in the use of Floor Surface Roughness Testing Equipment
o Independent and Impartial Expert Witness Reports for UK (CPR) and Scottish Courts (ACPOS)
WHERE WE OPERATE
FloorSlip offer ON SITE testing across the UK and will consider requests for on-
FloorSlip offer OFF SITE testing for clients across the world and where requested will test i.a.w. standards set by that country else tests will be conducted i.a.w. British Standards and UKSRG Guidelines
STATEMENT OF SERVICES FOR AN “ORDER”
PLACING AN ORDER
Orders may be placed by telephone but must be confirmed by email to the respective FloorSlip agent
FloorSlip will provide at a time and date agreed by all parties and post formal acceptance of said date and times by email or letter and also agreed by telephone: -
The nature of the tests, the cost of testing, disbursements and payment terms shall be formally agreed before testing is commenced.
FloorSlip will provide, post formal agreement by letter, email and also by telephone:-
TYPICAL TIMINGS FOR WORK CONDUCTED BY FLOORSLIP
o Expert Witness Reports – Allow for 28 days from completion of test. Quicker turn-
o Delivery of New Pendulums -
FloorSlip offer no warranty on products sold. Any warranty provided where floor testing products are procured through FloorSlip will be set against the UK manufacturers.
HONESTY, INTEGRITY AND QUALITY
QUALITY OF WORK
FloorSlip are a company, which was setup to provide an independent and impartial service of floor testing. Our agents all hail from Blue Chip and recognized industries and have all held positions of authority in their subject matters in Engineering, Quality and Test. The companies the agents hailed from were all involved with safety dependent pursuits requiring high levels of safety the likes of which would result in serious injury and death if rules were not understood and followed correctly and all our agents have held management positions in these industries.
BRIBERY and INFLUENCE
In the event that a “client” or “client” related party” requests that results are deliberately biased one way or another, FloorSlip reserve the right to cancel all agreements with the said party /parties but will still invoice and expect payment for work undertaken to date up to a minimum of the contracted value for that work. Also, in the event FloorSlip also reserve the right and might exercise the right to report said conversations of person, company or organization etc. regardless of their status, to those authorities such as the UK and Scottish Courts.
RESERVATION TO REFUSE WORK
FloorSlip reserve the right to refuse to work for parties that: -
o FloorSlip believe might deliberately be trying to defraud defendants
o Have proven to be tardy in the payment of services previously provided
o Whose own T&C’s are in direct conflict with FloorSlip and an impasse is reached
o Who request floor testing results are deliberately manipulated to throw a party in a worse or better light
o Where to do so would place the health and safety of the agents of FloorSlip in jeopardy
OUR CLIENTS REQUIREMENTS
HONORING OF CLIENTS T&C’S
FloorSlip will honor the T&C’s of “Clients” where to do so does not impose an unacceptable strain upon the administration of the contract. This will include providing to “Clients” such documents as FloorSlip deem necessary in the everyday operation of the company – such as, but not limited to, for example, company Liability Insurance or the FloorSlip H&S Policy. Where it becomes too onerous to accept a “Clients” T&C’s then FloorSlip will request that the FloorSlip standard statements and policy documentation is accepted alone or will refuse the contract.
HONORING OF CLIENTS H&S EXPECTATIONS
FloorSlip will honor the expectation of “Clients” own H&S policies when conducting on-
1. Where time has to be allocated for “Clients” own in-
2. Where a “Client” requests special H&S measures are complied with (Hard Hats, Goggles, Overalls etc.) then FloorSlip will attempt to comply but “Clients” must accept that the nature of the testing does not always allow the full paraphernalia of the required additional H&S accoutrements to operate the test equipment effectively and FloorSlip reserve the right to limit the additional H&S expectations placed upon them.
3. Where a “Client” requests a FloorSlip operator when on site is asked to conduct testing which could lead to harm to the operator then the operator has the right to refuse to test. In this event where a mutual agreement cannot be arrived at, then FloorSlip will charge a fee of at least 50% of the agreed fee and the “Client” by terms of these T&C’s agrees to pay it. The value of 50% may be increased where the bulk of the work has been completed
GPDR IN RESPECT TO THIRD PARTIES MENTIONED ON THE FLOORSLIP WEBSITE
FloorSlip are proud to be associated with our clients and we regularly update the list of names on the FloorSlip website who we deal with. We feel this is a 2 way-
APPOINTMENTS AND NO SHOWS
Dates and times specified by the Company for delivery of the Services agreed upon will be met wherever possible by FloorSlip Agents in a timely manner. However, it should be accepted and realized by “Clients” that the type of service provided by FloorSlip is not always possible to be met because of the nature of the UK Traffic conditions and the geographical locations of our “Clients”. In the event that a FloorSlip agent cannot arrive at a prearranged date / time then the FloorSlip agent will contact the appropriate parties by telephone or text towards this purpose. It is important that FloorSlip and Client and possibly interested parties have pre-
FEES AND DISBURSEMENTS
Disbursements will be charged, the amount dependent upon the geographical location of the locus to be tested; the time and day testing is to occur; the urgency of the request; the nature of the request. Disbursements might include but not be limited to: -
The fees for our services can be found on the FloorSlip website at www.floorslip.co.uk. The prices shown on the website are indicative of a typical minimum amount but are likely to be adjusted depending upon, but not limited to: -
o The ‘clients’ individual requirements, for example in terms of quantity and types of floors
o Access timings (e.g. access at 4 a.m. on a Sunday is likely to be levied with additional costs where arrangements for hotels etc. occur).
o City parking charges. Inner City costs of parking and congestion charges in areas like London will be levied on the “clients”
o Urgency of requests
o Persistent additional tailoring of reports, particularly Expert Witness Reports
o Increase in UK fuel prices
o The Geographical location of the test locus
o Payment history
ADDITIONAL FEES RESULTING DURING ON SITE WORK
Where the “Company” (FloorSlip) receives supplemental direction or request, which involves additional work by the Company, the Company may / will (depending upon the request) increase the Fees by a reasonable amount and the Company shall advise the Client of the cost of any such amendment ascertained and determined at the same level of pricing as was used to estimate the original Contract costs, before additional works are undertaken. FloorSlip will accept verbal agreement to commence with additional works in such circumstances.
PAYMENTS TO FLOORSLIP FROM UK CLIENTS FOR TESTING
o (All parties except Solicitors and Lawyers) On and Off Site Testing for UK Clients will be invoiced immediately after completion of the test and test report (Not a court report). It is requested that payment is made within 30 days of receipt of invoice. Late Payments will be subject to a late payment fee, see the section on late payment fees.
o (Solicitors / Lawyers Only) For Site Testing / Expert Witness Reports, because of the lengthy nature of slip injury / slip safety claims and PROVIDED AN ADVANCE REQUEST HAS BEEN MADE FOR SPLIT PAYMENTS, then Solicitors and Lawyers may pay 50% of the fee within 30 days once testing has been completed and Test report/ Expert Witness Report submitted The other 50% will be levied with an additional 5% split payment fee on top of the 50% but may be paid up to 90 days after receipt of invoice. Late Payments will be subject to a late payment fee, see the section on late payment fees.
PAYMENTS TO FLOORSLIP FROM NON UK CLIENTS – FOR OFF SITE TESTING –
Off Site Sample Testing for Non UK Clients will be invoiced by a Pro forma invoice and payment expected BEFORE test data results are released. FloorSlip may also request a period of 3 to 7 days elapses to confirm payments have cleared the UK banking system.
PAYMENTS TO FLOORSLIP FROM NON UK CLIENTS – FOR ON SITE TESTING –
Depending upon the “Clients” geographical location, FloorSlip may request advance disbursements are paid. FloorSlip will not then release the test results until all payments owed have cleared UK banks.
We reserve the right to claim statutory interest at 8% above the Bank of England base rate if the debt is not cleared within 30 days of receipt of invoice or 90 days for Solicitors and Lawyers depending upon the services ordered. This rate is in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002.
These have been removed from Public View
VAT is currently not payable on our prices because of the nature of our internal setup; though this position may always change where the UK government rules change.
In the event that a client believes we have not conducted the services correctly or to the full terms of the Statement of Service, then FloorSlip will request that any complaint is sent in writing to email@example.com AND also expect any party concerned to telephone the FloorSlip agent involved with the work concerned and explain the circumstances. FloorSlip will then look at any such complaint and judge any circumstances on its own merit before responding to the complaint.
TRAINING STATEMENTS – PENDULUM TESTING
There is to our knowledge no formal qualification or body providing formal training in the use of the Floor Pendulum Test Equipment (this includes the UK HSE/HSL). Through our experience of having conducted thousands of Pendulum Tests to British Standards, FloorSlip have become an authority on the topic and are ideally placed to provide hands on training in the British Standard Pendulum Test Equipment and Floor Surface Roughness Testing. Where we offer this training, and provided the trainees have listened carefully; follow the rules and guidelines of the British Standards and UKSRG; and use recognized and calibrated equipment, then there is no reason why the trained person cannot successfully perform slip resistance testing to a standard suitable to satisfy the HSE and the UK courts if that was required. FloorSlip offer no warranty however to this effect.
TRAINING STATEMENTS – FLOOR HEALTH AND SAFETY
FloorSlip provide onsite health and safety training in floor safety and use of the floor pendulum test equipment. The training is specific to floor safety and related items (such as floor slopes, stairs, banisters, floor types, lighting, obstructions and compliance with UK building regulations) and is orientated around the client’s premises and as such it is not possible to provide an individual plan for each event and the client needs to accept that FloorSlip can only provide a level of training commensurate with the ability of the trainees, the size and scope of the floors assessed; there is therefore no warranty given that the training provided will meet all expectations.
RECOMMENDATIONS VERSUS OPTIONS FOR IMPROVEMENTS
FloorSlip will never make “recommendations” where methods of floor recovery, repair, refurbishment etc. are discussed. FloorSlip may offer “Options for Improvements” and might point out companies who offer particular services but it is entirely the “client’s” responsibility if they choose to select an option discussed either verbally or formally. As already indicated, FloorSlip are impartial, independent and unbiased and any “options for improvements” discussed are simply a way to assist clients (claimant or defendant) in finding a solution to a problem far more quickly than they might alone. FloorSlip cannot be held liable for suggesting “options for improvements”.
CPR / COPFS COMPLIANCE – KEEPING UP TO DATE
In the execution of our duties as Expert Witnesses, FloorSlip follow the legal and published rulings set by the English (Including Northern Ireland and Wales) and Scottish Courts in respect to the duties that must be performed. There are however, on occasion, circumstances where the various governing bodies adjust the rulings, but these rulings are not always automatically published as changes. In these circumstances, FloorSlip ask all clients to inform FloorSlip where they think errors have occurred and FloorSlip will investigate the changes and if pertinent to the Expert Witness reports will adjust the reports accordingly. It should be noted that work for clients involving the legal and published rulings set by the English (Including Northern Ireland and Wales) and Scottish Courts is always for legal representatives (Solicitors and Lawyers) and FloorSlip expect said people to be the leading authority on such changes and inform FloorSlip in advance where they think changes will affect the outcomes given by FloorSlip in their reports.
COMPLIANCE WITH BRITISH AND EN STANDARDS AND UKSRG
FloorSlip always conduct Floor Testing i.a.w. British Standards BS-
CALIBRATION OF FLOOR PENDULUM TEST EQUIPMENT
FloorSlip always have the Pendulum Floor Testing Equipment calibrated annually i.a.w. British Standards BS-
SENDING OUT T&C’S WITH ORDERS
All orders received will be responded to and a copy of our T&C’s sent to the client. In the event that the T&C’s are not sent then a request may be made for them and they will also be found on the FloorSlip website.
RETESTING BY FLOORSLIP
In the event FloorSlip identify post testing that anomalies exist in the results or find issues with the test equipment that places doubt on the results then FloorSlip will request of the client access to the test locus to retest and any additional costs will be at the cost of FloorSlip. If in the event the client requests additional information outside of the norm that FloorSlip provide and this was not requested in advance then FloorSlip reserve the right to charge for additional tests.
TESTING IN ACCORDANCE WITH THE UK HEALTH AND SAFETY EXECUTIVE
FloorSlip only conduct testing i.a.w UK British Standards and the UKSRG Guidelines and use Pendulum Test Values (PTV) and terminology set by the UK HSE (Health and Safety Executive) and values that can be found on the UK HSE website and it is our understanding these values have been agreed between the UK HSE in conjunction with the UK HSL (Health and Safety Laboratories) and the UK government and the UKSRG. FloorSlip cannot be held responsible for the terminology and values of the HSE and suggest if there is any conflict of interest in respect to these levels and to documentation published through the HSE and HSL then all complaints should be taken up with the respective bodies.
In line with the new rulings set out in June 2018 for GDPR. FloorSlip declare the following: -
LINKS TO OTHER WEB SITES
FloorSlip are not responsible for any third party websites that link to FloorSlip and readers of the FloorSlip website are advised to read and agree (or disagree) with the Terms and Conditions of FloorSlip.
ORAL CONTRACTS AND WRITTEN CONTRACTS
Where a client telephones through to FloorSlip and places an order, then FloorSlip will not process that order further until formal written request is received. That request may be post or by email. FloorSlip consider and have taken advice on this matter that emails are legal tender and can be used in court in the event of default of contract.
CANCELLATION OF CONTRACTS
Where a client telephones through to FloorSlip to cancel an order, then FloorSlip will accept cancellation and will not levy any charges provided no costs have been incurred in the order as a result of the contract. Any costs incurred will be passed on to the client and will be expected to be paid i.a.w our usual terms of payment. If a client emails a cancellation then it is expected the client will ALSO telephone through the request to confirm the email has been received where a reply from FloorSlip has not been forthcoming.
DELIVERY OF PRODUCTS
Where floor testing equipment is ordered via FloorSlip (who act as Broker), FloorSlip will arrange delivery dates with the manufacturer but ultimately it is the responsibility of the manufacturer of the test equipment to deliver by the dates expected; FloorSlip will endeavor to expedite any issues of lateness but ultimately, as a broker, we are at the behest of the manufacturer and there may be reasons beyond ours and the manufacturers control, which will mean orders cannot be satisfied within the original timescales set.
RETURN OF SAMPLES
Where floor testing of samples is ordered FloorSlip will not return samples unless requested to do so in which event courier / post and packaging prices and a small admin fee of £10 will be levied on the client.