Pinks Fire Safety Limited

Terms of Business for the Provision of Fire Safety Services

1. Definitions

1.1 Supplier means Pinks Fire Safety Limited, trading as Pinks Fire Safety, registered in England and Wales (Company Number 15211932) whose registered office is at 18a High West Street, Dorchester, Dorset, DT1 1UW.

1.2 Client means the individual, company, organisation or other entity purchasing Services from the Supplier.

1.3 Contract means the agreement between the Supplier and the Client for the provision of Services incorporating these Terms of Business and any quotation or written confirmation of instructions.

1.4 Services means fire safety services provided by the Supplier including, but not limited to, Fire Risk Assessments, Fire Door Inspections, Fire Strategy Reports and related fire safety consultancy.

1.5 Terms means these Terms of Business together with any additional written terms agreed between the Supplier and the Client.

2. Application of Terms

2.1 These Terms apply to all Services supplied by the Supplier and shall prevail over any other terms proposed by the Client unless agreed in writing by the Supplier.

2.2 Any variation to these Terms shall only be binding where agreed in writing by the Supplier.

2.3 Any special conditions applying to the Services will be detailed within the Supplier’s quotation or written confirmation of instructions.

2.4 Any request, instruction, or confirmation to proceed with Services, whether given verbally, by email, or through a work order or instruction from the Client or their representative, shall constitute acceptance of these Terms of Business and shall form a binding contract between the parties.

2.5 Any complaints regarding the Services should be submitted in writing to the Supplier at the address above or by email to office@pinksfire.co.uk.

3. Price and Payment

3.1 The price for the Services shall be as stated in the Supplier’s quotation or confirmation of instructions.

3.2 For individual Fire Risk Assessments, Fire Door Inspections or Fire Strategy Reports, payment is required in advance unless otherwise agreed in writing.

3.3 Where credit terms are agreed, invoices must be paid within 7 days of the invoice date.

3.4 Reports will normally be provided within 14 business days following the inspection or assessment unless otherwise agreed.

3.5 The Supplier reserves the right to withhold any report or documentation until payment has been received in full.

3.6 Where payment is not made in accordance with these Terms, the Supplier reserves the right to charge interest on overdue sums at the higher of 3% above the Bank of England base rate or the statutory interest rate under the Late Payment of Commercial Debts (Interest) Act 1998.

3.7 The Supplier also reserves the right to recover reasonable costs incurred in recovering overdue payment, including administrative and debt recovery costs.

4. Scope of Services

4.1 A Fire Risk Assessment consists of a visual inspection of accessible areas of the premises together with consideration of fire safety arrangements observed at the time of the visit.

4.2 A Fire Door Inspection consists of a visual inspection of the agreed doors and accessible components in order to assess their condition and compliance with relevant fire safety guidance.

4.3 All inspections undertaken by the Supplier are non-intrusive visual assessments unless otherwise agreed in writing.

4.4 The Supplier does not carry out destructive investigation, opening up of construction, or inspection of concealed elements unless specifically agreed in advance.

4.5 Where access is not provided to areas or doors at the time of inspection, the Supplier will undertake a limited or external inspection where possible and the agreed fee will remain payable.

4.6 Any re-attendance required due to restricted access will be charged separately at the Supplier’s standard rate.

4.7 The Client shall ensure that the premises are safe for the Supplier to attend and carry out the Services. The Supplier reserves the right to withdraw from the premises where conditions present a risk to health or safety. In such circumstances the Supplier may charge for time spent attending the premises and any reasonable costs incurred.

5. Client Responsibilities

5.1 The Client shall ensure safe and reasonable access is provided to all relevant parts of the premises at the time of inspection.

5.2 The Client shall provide accurate and complete information relating to the occupancy and use of the premises, fire safety arrangements, previous fire risk assessments, fire protection systems and any known hazards.

5.3 The Supplier shall not be responsible for inaccuracies arising from incorrect or incomplete information provided by the Client or third parties.

5.4 The Client remains responsible for implementing and maintaining appropriate fire safety measures, including any recommendations contained within the Supplier’s report.

5.5 Where the Supplier receives instructions from a managing agent, architect, surveyor, property manager or other representative acting on behalf of a Client or third party, the Supplier may rely on those instructions as being authorised. The party providing such instructions confirms that they have authority to do so and agrees that they shall be jointly and severally responsible with the Client for payment of the Supplier’s fees unless otherwise agreed in writing. The Supplier reserves the right to invoice either the Client or the instructing party.

6. Responsibility for Fire Safety Compliance

6.1 The Client acknowledges that responsibility for compliance with the Regulatory Reform (Fire Safety) Order 2005 remains with the Responsible Person or duty holder for the premises.

6.2 The Supplier’s assessment provides professional advice based on conditions observed at the time of inspection.

6.3 The implementation of recommendations and ongoing fire safety management remains the responsibility of the Client or Responsible Person.

7. Validity of Fire Risk Assessment

7.1 The fire risk assessment reflects the condition and fire safety arrangements of the premises at the time of inspection only.

7.2 The assessment may become invalid where alterations are made to the premises, occupancy levels change, the use of the premises changes, the Responsible Person for the premises changes, fire safety systems are altered or fail, or new hazards are introduced.

7.3 The Client is responsible for ensuring the fire risk assessment is reviewed periodically and whenever significant changes occur in accordance with the Regulatory Reform (Fire Safety) Order 2005.

7.4 The Supplier shall not be liable for reliance placed on the report where significant changes have occurred to the premises, occupancy, use, fire safety systems, management arrangements, or Responsible Person for the premises, or where the fire risk assessment has not been reviewed by the review date stated within the report.

8. Cancellation

8.1 The Client may cancel a scheduled inspection by providing written notice via email or post.

8.2 Where cancellation is made within 48 hours of the scheduled inspection, or on the day of the appointment, the Supplier reserves the right to charge 75% of the agreed fee to cover assessor time allocation and administrative costs.

8.3 Where the Supplier has already commenced work under the Contract, the Supplier reserves the right to charge for work completed and costs reasonably incurred up to the point of cancellation.

8.4 Cancellation will only be effective once written notice has been received by the Supplier.

9. Limitation of Liability

9.1 The fire risk assessment represents the professional opinion of the assessor based on a visual inspection of accessible areas and information available at the time of the visit.

9.2 The assessment does not constitute a guarantee that a fire will not occur or that the premises are free from fire risk.

9.3 The Supplier shall not be liable for defects or hazards not visible or reasonably discoverable during the inspection, concealed construction defects, inaccurate information provided by the Client, changes made to the premises after the inspection, or failure by the Client to implement recommendations.

9.4 The Supplier’s total liability arising from the provision of the Services shall be limited to the total fees paid for those Services, except where liability cannot legally be excluded. The Supplier shall not be liable for any loss arising from reliance placed on the report where significant changes have occurred to the premises, occupancy, use, fire safety systems, management arrangements, or Responsible Person for the premises, or where the fire risk assessment has not been reviewed by the review date stated within the report.

10. Reliance on Report

10.1 The report is prepared solely for the Client and for the purpose of assisting with fire safety management.

10.2 The report may not be reproduced, distributed or relied upon by any third party without the prior written consent of the Supplier. 

11. Waiver

11.1 No delay or failure by the Supplier in enforcing any provision of these Terms shall constitute a waiver of its rights.

12. Force Majeure

12.1 The Supplier shall not be liable for delay or failure to perform obligations where such delay or failure arises from events beyond its reasonable control including acts of God, fire, flood, war, strikes, accidents, or failures of communications or computer systems.

12.2 If such circumstances continue for more than six weeks either party may terminate the Contract by written notice.

13. Severability

13.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14. Governing Law

14.1 These Terms and any Contract between the parties shall be governed by the laws of England and Wales.

14.2 The parties submit to the exclusive jurisdiction of the courts of England and Wales.

15. Privacy

15.1 The Supplier processes personal data only as necessary for the provision of Services.

15.2 The Supplier’s privacy policy can be viewed at www.pinksfire.co.uk.