Terms and Conditions

 

Shore Engineering Limited Standard Terms & Conditions

 

Definitions

1. ‘SBC’ Shore Engineering Limited – Building Control.
   ‘The Act’ – the Building Act 1984.
   ‘The Agent’ – the person or company identified as “Agent” in the Fee Proposal who may act on the Client’s behalf in respect of the Agreement.
   ‘The Agreement’ – these terms and conditions set out herein and the Fee Proposal.
   ‘Registered Building Control Approver’ – a licensed individual or organisation carrying out the duties given to a Registered Building Control Approver by the Building Act 1984 and regulations made under it.
   ‘The Building Regulations’ – the Building Regulations 2010 as amended.
   ‘Client’ – any person for whom a project is carried out.
   ‘The Fees’ – the fee payable by the Client as identified in the Fee Proposal for the performance of the Services.
   ‘The Fee Proposal’ – the fee proposal to which these terms and conditions are attached.
   ‘HRB’ – Higher Risk Building as defined by Section 120D of The Building Act 1984.
   ‘The Invoice Payer’ – the invoice payer as identified in the Fee Proposal and if not identified then the Client shall be the “Invoice Payer” for the purposes of the Agreement.
   ‘The Initial Notice’ – an initial notice to the relevant local authority notifying them of the Project under Section 47 of the Building Act 1984.
   ‘Insolvent’ – as defined in section 113, Housing Grants, Construction and Regeneration Act 1996.
   ‘DLUHC’ – Department for Levelling Up, Housing and Communities.
   ‘Notice of Contravention’ – a notice of contravention given to the person carrying out the Works or intending to carry out the Works, pursuant to Section 52(2) of the Building Act 1984.
   ‘Plans’ – includes drawings, calculations, reports and any other data illustrating the designer’s intentions in respect of the proposed Works. ‘The Project’ – the project as identified in the Fee Proposal.
   ‘The Services’ – the scope of services as identified in the Fee Proposal.
   ‘The Regulations’ – The Building (Registered Building Control Approvers etc.) (England) Regulations 2024
   ‘The Services Commencement Date’ – as identified and defined in the Fee Proposal. ‘The Site’ – the site identified in the Fee Proposal.
   ‘Statutory Functions’ – the duties of a Registered Building Control Approver under the Building Act 1984, regulations made under it and formal guidelines issued by a government department.
   ‘The Works’ – the construction works carried out on the Project.
   ‘Construction phase’ – the period beginning when any building work on a project starts and ending when that project is completed.
   ‘HRB (Higher Risk Building) Work’ – HRB work means —
   a) the construction of a higher-risk building; work to an existing building that causes it to become a higher-risk building together with any work to the building carried out at the same time as that work; and
   b) such work, if any, which is necessary to ensure a building that undergoes a material change of use to become a higher-risk building complies with the applicable requirements listed in regulation 6 of the 2010 Regulations (requirements relating to material change of use) together with any work to the building carried out at the same time as that work;
   ‘Higher Risk Building’ – Higher-risk building” means a building in England that —
   a)              is at least 18 metres in height or has at least 7 storeys; and
   b)             has two or more dwellings or is classed as a hospital or care home and also meets the height criteria, or building types that may from time to time be defined by the Secretary of State.

Dutyholders – 

“domestic client” means a client for whom a project is being carried out which is not in the course or furtherance of a business of that client;
“principal contractor” means the contractor appointed under regulation 11D of the Building Regulations 2010(principal designer and principal contractor) to perform the duties of a principal contractor under these Regulations
“principal designer” means the designer appointed under regulation 11D of the Building Regulations 2010 (principal designer and principal contractor) to perform the duties of a principal designer under these Regulations;
“project” means a project which includes or is intended to include any building work and includes all planning work, design work, management or other work involved in a project until the end of the construction phase;
“sole contractor” means a person fulfilling the duties of the principal contractor by virtue of regulation 11D of the Building Regulations 2010
“sole or lead designer” means a person fulfilling the duties of the principal designer by virtue of regulation 11D of the Building Regulations 2010
‘Data Protection Legislation’ means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

 SBC Services & Obligations

2. The function of SBC shall be that of a Registered Building Control Approver. SBC shall not be responsible for supervising the Works of the contractor or any subcontractors and is not liable for the performance and/or the quality of the works carried out by any contractor or subcontractor. SBC shall not be liable under or in connection with the Agreement for or as a result of any works and/or services provided by and/or any act or omission of any third party (including without limitation any contractor, consultant or subcontractor).
3. SBC shall carry out its functions and the Services and/or any Additional Services exercising reasonable skill, care, and diligence (the “Duty of Care”). Notwithstanding, any other term of the Agreement, SBC shall have no greater duty than to exercise the Duty of Care under or in connection with the Agreement and SBC shall have no fitness for purpose obligations and/or liabilities (whether express or implied) under or in connection with the Agreement.
4. SBC shall have the right to ask for and receive plans from the Client as may be required to perform the Services. The Client shall ensure that all necessary plans are provided to allow SBC to determine compliance with the Building Regulations.
5. SBC shall not, in any way, be responsible for any work carried out by the Client including without limitation any work carried out by the Client before SBC agrees to act as the Registered Building Control Approver in respect of the Project.
6. The Client and not SBC shall be responsible for the Project’s compliance with the Building Regulations. The Services do not include, and SBC shall not be responsible for (i) confirming whether the Building Regulations have been complied with, and/or (ii) advising the Client and/or managing the Project to ensure that compliance with the Building Regulations is achieved.
7. Having taken reasonable steps to be satisfied that the whole or part of the works has been completed for Building Regulations purposes, SBC shall send the Final Certificate(s) to the Client. Any Final Certificate issued by SBC is based on the information and documents provided and the Services and/or any Additional Services performed and is not a representation that every aspect of the Project complies with the Building Regulations and/or conclusive proof of the Project’s compliance with the Building Regulations.
8. If the Works to which the Initial Notice relates is carried out in stages, in such a way that part of the premises on the Site are completed and occupied, then a partial Final Certificate will be issued as detailed in Clause 7 above.
9. SBC shall not be responsible or liable for any delay in issuing the Final Certificate and shall not be responsible or liable for any additional fees that are payable to the relevant local authority and/or any other costs as a result of any delay to the issue of the Final Certificate. The Client shall not (and shall ensure that a third party shall not) take possession of the works forming part of the Project and/or issue any certificate of completion under the building contract to which the Works relate, unless the Final Certificate has been issued.

 Responsibility of the Client

10. The Client shall ensure that reasonable access and safe access to the Site and facilities are provided at all reasonable times to allow SBC staff to make necessary inspections. The Client shall procure such access and certification from any consultant, contractor or sub-contractor as is reasonably requested.
11. The Client shall give SBC at least 48 hours’ notice before commencement of Works on Site and not more than five days after the day on which the work is to be regarded as commenced the person carrying out the work must give a notice to that effect.
12. The Client shall ensure that SBC are regularly kept informed of the progress of the Works, including without limitation in relation to:
    1. ground excavations and foundations;
    2. structural reinforcement and other structural elements;
    3. damp proof courses and membranes;
    4. above and below ground drainage and ventilation ducts; and/or
    5. occupation or completion.
13. The Client shall ensure that SBC is given reasonable notice and as a minimum no less than 24 hours to inspect the items pursuant to Clause 12 above, save for in respect of Clause 12(e) in respect of which SBC shall be given no less than 15 days’ notice prior to occupation of the Site and/or completion of the Project.
14. The Client shall make arrangements to allow SBC staff to witness tests as required by SBC for performance of the Services and/or any Additional Services, including without limitation, in respect of drainage, ventilations ductwork, emergency lighting, and/or fire alarms for Building Regulations compliance purposes. Payment of all test equipment, training and expenses incurred to carry out such tests shall be the responsibility of the Client.
15. The Client is responsible for making any required build over agreement with the relevant water authority and is liable to make payment of any related fee payable to that water authority.
16. The Client shall provide such information, documents and assistance as SBC may reasonably require or request from time to time in order to facilitate the timely provision of the Services and/or any Additional Services.
17. The Client shall be entirely responsible for the design construction and management of the Project.
18. The Client shall be entirely responsible for obtaining and implementing all necessary permits, licences and approvals, save to the extent set out in the Services and/or agreed in writing by SBC before undertaking Additional Services.
19. The Services do not include the carrying out of inspections and/or plan checking relating to the Building Regulations Part P ‘Electrical Safety’. The Client shall ensure that the electrical contractor appointed to the Project is registered with one of the Building Regulations Part P certification schemes and is able to provide the appropriate certification.
20. The Client accepts that for domestic schemes, the Client shall ensure that all electrical and heating systems on the Project shall be installed by competent persons under self-certification schemes as set out on the UK government’s website page entitled “Competent person scheme – current schemes and how schemes are authorised” (accessible at website address: https://www.gov.uk/guidance/competent-person-schemecurrent-schemes-and-how-schemes-are-authorised) in respect of, without limitation, the Building Regulations Part P, Gas Safe, NICEIC, OFTEC, and HETAS. The Client acknowledges that any work relating to self-certification schemes does not form part of the Services, including without limitation any Building Regulations approvals provided by SBC.
21. In accordance with regulation 17 The Building (Registered Building Control Approvers etc.) (England) Regulations 2024, the Client must carry out their duties as a dutyholder and give notice of any other dutyholders, and to any changes to dutyholders during the course of the project. SBC will not be responsible for determining or monitoring the roles of dutyholders.
22. Where work described in an Initial Notice is complete, the Client must give SBC notice to this effect via a Compliance Declaration.
23. Where work described in an Initial Notice is complete, the Client must ensure that the Principal Contractor and Principal Designer, if applicable, have provided Compliance Declarations to confirm that they have fulfilled their duties under the Building Regulations.
24. Where work described in an Initial Notice is complete, the Client must ensure that any previous dutyholders have provided Compliance Declarations to confirm that they have fulfilled their duties under the Building Regulations during the time they were listed as dutyholders on the project.

Fees

25. The Invoice Payer shall make payment to SBC of the Fee, any Additional Fee and/or any disbursements, expenses, charges and/or other amounts incurred by SBC in respect of the performance of the Services and/or any Additional Services.
26. In accordance with the terms of the Fee Proposal, SBC shall submit an invoice to the Invoice Payer for the monies due under the Agreement on the dates and/or intervals stated in the Fee Proposal.
27. The Invoice Payer shall pay SBC the sum stated as due in SBC’s invoice(s) no later than 30 days from the date of each invoice issued to the Invoice Payer by SBC (“Final Date for Payment”).
28. SBC may suspend the Services/and or any Additional Services (in whole or in part) and/or any obligation under the Agreement by giving not less than 7 days’ written notice following a failure by the Invoice Payer to pay the sum stated as due and payable in the relevant invoice issued to the Invoice Payer by SBC.
29. Without prejudice to Clause 28, in the event that the Invoice Payer fails to pay any amount due and payable to SBC by the Final Date for Payment, the Invoice Payer shall pay interest to SBC at 8% above the Bank of England official dealing rate on the amount due, payable and unpaid from the Final Date for Payment to the date payment of the amounts due and payable are made. Acceptance of a payment of interest under this Clause 27 shall not be construed as a waiver of SBC’s right to proper payment of the principal amount due and payable. Payments not received in full within 60 days of the date of any invoice issued in respect of the project may attract a charge of 10% of the invoice value for debt collection services. We also reserve the right to cancel the Initial Notice.
30. The Invoice Payer shall comply with the payment information set out in the Fee Proposal.
31. The Invoice Payer is responsible for any fees that may be incurred to facilitate a third party review of computational fluid dynamics analysis for fire engineered projects.
32. The Invoice Payer is responsible for any fees that may be incurred to facilitate a third party review of the structural design calculations and drawings.
33. SBC shall not be liable for the appointment or payment of any consultant who may need to be appointed to prove compliance with Building Regulations.
34. If:
    1. the Client instructs SBC to perform any services and/or other duties than the Services;
    2. SBC provides any additional or alternative services to the Services and/or variation of the Services;
    3. the Services and/or any services pursuant to Clauses 34 (a) and (b) are delayed, disrupted and/or prolonged;
       (“Additional Services”) in either case for reasons outside SBC’s control and which do not arise as a result of any negligence, breach or default by SBC, SBC shall be entitled to payment of an additional fee to the Fee, calculated in accordance with SBC’s hourly rates as set out in the Fee Proposal (“Additional Fee”) and SBC shall be entitled to a fair and reasonable extension of time to any programme and/or timescales set out in the Agreement.
35. For the purpose of the Agreement, “Relevant Event” shall mean:
    1. any change in any law (including without limitation any change in law as a result of or in connection with the Independent Review of Building Regulations and Fire Safety led by Dame Judith Hackitt);
    2. COVID-19, any pandemic, any epidemic and/or the consequences of COVID-19, any pandemic, and/or any epidemic; and/or
    3. the UK having ceased to be a member state of the EU (“Brexit”) and/or any consequences of Brexit.
36. If SBC performs any Additional Services due to a Relevant Event, SBC shall be entitled to (i) payment of an Additional Fee; and/or (ii) a fair and reasonable extension of time to perform the Services and/or Additional Services in respect of any programme and/or timescale pursuant to the Agreement. The length of time for the ‘construction phase’ have been stipulated in the fee quotation. Unless otherwise stated or agreed should the works not be completed in this timescale additional fees may be payable commensurate with the Services performed.
37. The fee proposal has been based on a maximum number of inspections. If this number is exceeded SBC reserve the right to make reasonable charges for each additional inspection.
38. The fee proposal has been based on a maximum duration of work on site. If this contract duration is exceeded SBC reserve the right to make reasonable charges for maintaining the scheme as a live application.
39. £1m Professional Indemnity Insurance is included within SBC’s Fee Proposal. If additional PI insurance is required, an additional surcharge will be applied.

 Cancellation of Initial Notices

40. SBC shall cancel the Initial Notice by sending a Notice of Cancellation to the Local Authority in the following circumstances:
    1. after a formal Notice of Contravention has been served by SBC and no action has been taken by the Client to rectify the contraventions within 3 months of receipt of the notice;
    2. SBC is prevented from carrying out their legitimate functions as the Registered Building Control Approver for the Project due to undue restrictions imposed by the Client or their agents allowing reasonable access to inspect the Works on Site;
    3. SBC is prevented from making Site inspections due to dangerous or unsafe conditions on Site;
    4. failure on the part of the Client or any other relevant person to submit plans in a reasonable period of time as notified to SBC;
    5. lack of contact from the Client or other relevant dutyholders regarding progress of works;
    6. no declaration from the relevant dutyholders confirming compliance with the Building Regulations;
    7. where a member of our team or representative has been subjected to behaviour as set out in Clause 73; and/or
    8. any other condition or situation that prevents SBC from carrying out its Statutory Functions as the Registered Building Control Approver.
41. If SBC cancel the Initial Notice for any reason fees already paid for the services are non-refundable.

Professional Indemnity Insurance

42. SBC shall, provided it is available at commercially reasonable rates and on commercially reasonable terms, maintain professional indemnity insurance and public liability insurance in compliance with the guidelines issued by the DLUHC in respect of the maintenance of suitable insurance.
43. SBC shall on written request from the Client provide evidence that the insurance pursuant to Clause 42 is properly maintained. SBC shall inform the Client if the insurance referred to in Clause 42 above ceases to be available.
44. Without prejudice to any other exclusion or limitation of liability, damages, loss, expense or costs, the liability of SBC for any loss or damage (“the loss or damage”) under the Agreement shall be limited to that proportion as it would be just and equitable for SBC to pay having regard to the extent of its responsibility for the loss or damage and on the assumptions that:
    1. all other consultants, contractors, subcontractors, and advisers engaged in connection with the Project have provided contractual undertakings on terms no less onerous than those in Clauses 2 to 9 inclusive to the Client in respect of the carrying out of their obligations in connection with the Project;
    2. there are no exclusions of or limitations of liability nor joint insurance or co-insurance provisions between the Client and any other party referred to in this Clause 43 and any such other party who is responsible to any extent for the loss or damage is contractually liable to the
    3. Client for the loss or damage; and
    4. all the parties in this Clause 43 have paid to the Client such sums as it would be just and equitable for them to pay having regard to the extent of their responsibility for the loss or damage.
45. SBC shall not be liable under or in connection with the Agreement (whether in contract, tort (including negligence) or otherwise) for any loss of investment, loss of contract, loss of production, loss of profit, loss of time, loss of use or any indirect or consequential loss, howsoever incurred.
46. Notwithstanding the manner of the execution of the Agreement, no action or proceedings shall be commenced against SBC under or in connection with the Agreement after the expiry of 6 years from the date of completion of the Services and/or any Additional Services under the Agreement or, if earlier, 6 years from the date of termination of the Agreement.
47. In connection with the Agreement, SBC shall have no liability whatsoever and however so arising out of or in connection with asbestos.
48. SBC shall not be in breach of the Agreement and shall have no liability arising under or in connection with the Agreement as a result of (i) any failure to perform the Services and/or any Additional Services, and/or (ii) delay and/or prolongation to the Services and/or any Additional Services, as a result of a Relevant Event.
49. SBC shall not be responsible for the supervision of any contractor or subcontractor and/or for ensuring the performance or adequate standard of workmanship of any contractor or subcontractor. SBC shall not be liable under or in connection with the Agreement for or as a result of any work and/or services provided by and/or any act or omission of any third party (including without limitation any contractor, consultant or sub-contractor).
50. The Client acknowledges that individuals engaged by SBC, or any individual directors of SBC shall be entitled to enforce this term of contract pursuant to the Contracts (Rights to Third Parties) Act 1999.
51. The Client shall look only to SBC (and not to individuals engaged by it or to any individual directors of SBC ) for redress in respect of the Services. The Client agrees not to pursue any claims in contract, in tort (including negligence), for breach of statutory duty or otherwise against any such individuals as a result of carrying out its obligations under or in connection with the Services. The Client acknowledges that such individuals are entitled to enforce these Terms of Business pursuant to the Contracts (Rights of Third Parties) Act 1999.

Limits of Liability

52. Notwithstanding any other term of the Agreement, SBC’s total aggregate liability (including, without limitation, legal costs and interest) under or in connection with the Agreement, whether in contract, tort (including negligence), or for breach of statutory duty or otherwise, shall be limited to £1,000,000 or equal to ten times the fees whichever is lesser. Nothing in the Contract limits liability for death or personal injury caused by negligence; or fraud or fraudulent misrepresentation.
53. Without prejudice to the limitation of liability in Clause 44, SBC’s liability (including without limitation legal costs and interest) under or in connection with the Agreement in respect of any losses, claims, damages, costs, expenses, demands, and/or any other liability directly or indirectly arising out of the fire resistant and/or fire retardant characteristics of external cladding systems, shall be limited to the lesser of £1 million (one million pounds) or the amount recoverable under SBC’s professional indemnity insurance policy.

Termination 

54. The Client may terminate the Agreement forthwith by written notice to SBC if:
    1. SBC is in material breach of its obligations under the Agreement and has failed to remedy the breach within 28 days of the date of a notice of the breach from the Client; or
    2. SBC becomes Insolvent.
    3. SBC may terminate the Agreement forthwith by written notice to the Client if:
    4. the Client is in material breach of the Agreement of its obligations under the Agreement and has failed to remedy the breach within 28 days of the date of a notice of the breach from SBC;
    5. the Invoice Payer has failed to make payment of any sums due and payable under the Agreement by the Final Date for Payment and the
    6. Invoice Payer has failed to remedy its failure to make payment of such sums within 28 days from the date of a notice from SBC notifying the
    7. Invoice Payer to make payment of such sums;
    8. SBC reasonably believes that it will not be in a position to issue a Final Certificate;
    9. the Client becomes Insolvent;
    10. SBC considers that there is a conflict between its obligations under the Agreement and the Statutory Functions;
    11. SBC considers that it is necessary to cancel the Initial Notice under Section 52(1) of the Building Act 1984;
    12. SBC reasonably believes that it is impossible or impracticable to perform the Services and/or any Additional Services as a result of any circumstances for which SBC is not responsible; and/or
    13. SBC is unable to maintain professional indemnity insurance and public liability insurance in compliance with the guidelines issued by the DLUHC.
55. SBC shall have no liability where a Local Authority rejects an Initial Notice due to inaccurate information from the Client and or any dutyholder.
56. Following any notice of termination by SBC or the Client, SBC shall be entitled to:
    1. write to the relevant local authority (with a copy to the Client) cancelling the Initial Notice, in which case SBC’s functions as the Registered Building Control Approver will revert to the relevant local authority and SBC will be discharged from all requirements to complete the Services and/ or any Additional Services; and/or
    2. at SBC’s discretion, issue a Final Certificate in respect of part of the Works forming part of the Project.

HRB

57. If at any time SBC become aware that the project is or by virtue of the works is to become an ‘HRB’ the Initial Notice will be cancelled in accordance with section 52A(1) of the Act.
58. It is the responsibility of the Client/relevant dutyholders to determine if the building is classed as an HRB. A declaration from the Client/relevant dutyholders may be required on appointment and on completion.

Consequences of Termination 

59. If the Agreement has been terminated, the Invoice Payer shall pay SBC any instalments of any monies due and payable up to and including the date of termination together with a fair and reasonable proportion of the next instalment of the Fee commensurate with the Services performed. Any Additional Fee in respect of any Additional Services performed by SBC, any disbursements, expenses, charges and/or other amounts incurred in respect of the Services and/or Additional Services up to the date of termination are also payable.
60. Termination of the Agreement shall not affect any rights, remedies, obligations or liabilities of the Client or SBC which exist at the date of termination.

Intellectual Property Rights

61. The intellectual property rights in all documents produced by SBC under the Agreement (the “Documents”) shall vest or remain vested in SBC. The Client shall have a revocable, non-exclusive, terminable, royalty free licence which shall be revocable following non-payment of any sums due and payable to SBC under the Agreement.
62. SBC shall only be liable for the use of the Documents for the purposes for which they were prepared.

Miscellaneous 

63. The Client agrees not to pursue any claims under or in connection with the Agreement (whether in contract, in tort (including negligence), for breach of statutory duty or otherwise) against any individuals engaged by SBC or any individual directors or members of SBC. Nothing in the Agreement confers or purports to confer on any third party any benefit or any right to enforce any term of the Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999. SBC shall not be required to enter into any collateral warranties with any third parties, provide any letters of reliance and/or grant any rights to any third parties under or in connection with this Agreement.
64. Neither Party may assign its rights and/or benefits under the Agreement.
65. The Agreement is subject to the law of England and Wales and the Client and SBC submit to the exclusive jurisdiction of the courts of England and Wales.
66. The Directors of SBC reserve the right, at their sole discretion, to transfer any project (whether or not a transfer certificate etc. is issued or required) to another Registered Building Control Approver with the SOCOTEC Buildings & Real Estate Holdings Ltd group, with a continuation of the terms and conditions of appointment.
67. If the Client is not satisfied with SBC’s performance of the Services or any Additional Work, without prejudice to its right to refer a dispute to the court or adjudication, it shall be entitled to request that SBC implements its complaints handling procedure (a copy of which is to be supplied to the Client at its request).The Client and SBC shall consider in good faith whether any dispute or difference between them is suitable for resolution by mediation, and if so, shall take the appropriate steps with a view to resolving the dispute or difference by mediation.
68. No one has any right to enforce any term of this contact under the Contracts (Rights of Third Parties) Act 1999, except as set out in clause 49 or 59.
69. The date of the Agreement shall have effect as if it had been signed on the Services Commencement Date.
70. Any notice to be given by SBC, the Client, the Agent and/or the Invoice Payer shall be deemed to be duly given if it is (i) delivered by hand, (ii) sent by recorded (signed for), (iii) sent by special delivery, and/or (iv) sent by electronic mail or other electronic means (“Electronic Communication”) to SBC, the Client, the Agent and/or the Invoice Payer at their respective addresses as identified in the Fee Proposal and/or the addresses otherwise communicated in writing before the date the relevant notice is sent by the party sends the notice (the “Sending Party”) to the party who receives the notice (the “Receiving Party”). Any such notice, if sent by recorded (signed for) or special delivery, shall be deemed to have been received 48 hours after being posted (subject to proof to the contrary) and/or if delivered by hand and/or Electronic Communication, the relevant notice shall be deemed to be delivered on the date of receipt of the notice by the Receiving Party. Any other effective means of service of notice, agreed by the parties in writing, shall also be treated as valid service for the purposes of the Agreement.
71. Any reference to “days” in this Agreement shall for the avoidance of doubt mean calendar days.
72. Details included in the acceptance notice supplied by the Client or on behalf of the Client by the Agent, including email addresses and phone number will be used on the Initial Notice submitted to the Local Authority on behalf of the Client.
73. SBC will not tolerate or condone any form of aggressive behaviour or abuse towards its employees or representatives, whether in person, over the telephone or by text / email. Aggressive or abusive behaviour includes language that may cause staff to feel threatened or abused and may include threats, personal verbal abuse, derogatory remarks or rudeness. The use of swear words in written or verbal communication will not be tolerated; SBC will not respond to communication of this type. SBC consider inflammatory statements, remarks of a racial or discriminatory nature and unsubstantiated allegations, to be abusive behaviour.  SBC will not tolerate unacceptable demands placed upon its staff.  A demand becomes unacceptable when it starts to, or when complying with the demand would impact excessively on the workload of SBC’s staff.  This includes unreasonable levels of communication.  For further details of SBC’s policy on aggressive behaviour / abuse, or unacceptable demands / over-communication, please contact the HR Department.

Data Protection

74. Both parties will comply with all applicable requirements of the Data Protection Legislation.
75. The parties acknowledge that for the purposes of the Data Protection Legislation, SBC is the controller, and the Client is the processor.
76. All personal data (as defined in the Data Protection Legislation) will be processed in accordance with SBC’s privacy policy.

Variation

77. No variation of the Contract shall be effective unless it is in writing and signed by the parties.

Entire Agreement

78. The Contract constitutes the entire contract between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
79. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

(Shore Engineering Limited is a Registered Building Control Approver regulated by the Building Safety Regulator)

04/11/2024