Terms & Conditions.

1.Definitions

In these terms and conditions:

• "The Company", "we", "us" or "our" refers to Build Envelope Ltd, a company registered in England and Wales, together with its directors, employees, sub-contractors, and authorised agents.
• "The Client", "you" or "your" means any person, firm, company or other legal entity instructing the Company to undertake services.
• "Services" means the calculations, assessments, on-site tests, surveys, reports, certificates, or other professional services provided by the Company.
• "Property" means any building, dwelling, plot, development, or premises that is the subject of the Services.
• "Report" means any written output, certificate, calculation, dataset, or document produced by the Company in the delivery of the Services.

2.General Terms

The Services may only be modified, varied or postponed by written agreement between the Company and the Client. Where postponement of any scheduled work occurs due to unforeseen circumstances on the part of the Company, rescheduling will normally take place within 5 working days of the original date, and the Client will be notified at the earliest opportunity.

Any concessions, allowances or variations granted by the Company in any individual case shall not be construed as a waiver of these terms in respect of any other matter or future engagement.

3.Quotations & Orders

Quotations issued by the Company are non-binding offers and may be withdrawn or amended at any time prior to acceptance of an order. Unless otherwise stated, quotations are valid for 60 days from the date of issue.

All prices quoted are exclusive of any duties, fees or taxes that may be applicable. VAT will be charged at the prevailing rate (currently 20%) unless the Client provides appropriate documentation evidencing exemption issued by HMRC.

Where work is delayed at the Client's request beyond 90 days from the original quotation date, the Company reserves the right to adjust pricing to reflect prevailing economic conditions and operational costs. Any such adjustment will be notified to the Client, who may withdraw the order and receive a refund of any sums paid in respect of work not yet undertaken.

4.Pricing & Payment

4.1 Payment terms

Unless a credit account has been agreed in writing, full payment is required on order placement before work commences. Where a credit account has been agreed, invoices are payable within 30 days of the invoice date.

4.2 Withholding of reports

The Company reserves the right to withhold any Report, certificate, or compliance documentation pending receipt of cleared payment in full.

4.3 Late payment

In the event of late payment, the Company reserves the right to charge interest on overdue sums in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, currently set at 8% above the Bank of England base rate, together with a fixed administrative fee of £75 + VAT per overdue invoice.

Invoices remaining unpaid 90 days after the due date may be referred to a third-party debt collection agency or to legal proceedings, and any associated recovery costs will be passed on to the Client.

4.4 Additional charges

The Client will be liable for any reasonable additional costs incurred by the Company arising from delays, incomplete site preparation, additional site visits, parking fees, congestion charges, or work outside normal working hours (08:00–17:00, Monday to Friday).

5.Cancellations & Postponements

Cancellations or changes to scheduled visits made less than two (2) full working days before the agreed date will incur the full quoted fee.

Where a Company representative attends site and is unable to undertake the Services through no fault of the Company — including but not limited to the Property not being ready for testing, the Client or their representative not being present where required, or the site being inaccessible or unsafe — the full quoted fee will be charged and a re-attendance fee will apply for any subsequent visit.

6.Site Access & Test Readiness

The Client is responsible for ensuring that the Property is ready for the Services to be carried out on the agreed date. The Company will provide a pre-visit checklist where appropriate (for example for air tightness testing, sound insulation testing, or ventilation testing); it is the Client's responsibility to ensure the items on that checklist are met.

The Client warrants that they have authority to grant access to the Property and assumes all risks associated with the Company's attendance for the duration of the Services. The Company reserves the right to refuse to undertake any work where, in its reasonable opinion, the Property or working environment is unsafe; in such cases cancellation charges may apply.

The Company will take reasonable care while on site, but is not responsible for damage to decorative finishes, paintwork, sealants, or fixtures incidental to the proper conduct of the Services (for example temporary removal and refitting of trickle vents or extract grilles).

7.Liability

7.1 Standard of care

The Company will exercise reasonable skill and care in the performance of the Services and will follow the relevant British Standards, industry codes of practice and accreditation scheme requirements applicable to each test or calculation.

7.2 Reliance on Reports

Reports are produced for the named Client and the specific Property identified in the order. The Company accepts no liability for any loss, damage or expense arising from the use of any Report by a third party, or from the use of any Report for a purpose other than that for which it was commissioned.

7.3 Test results

The Company is not liable for the failure of any building or element to achieve a particular performance result, where such failure arises from design, construction, workmanship, materials or other matters outside the Company's control.

7.4 Cap on liability

The total aggregate liability of the Company under or in connection with any contract, whether arising in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to £5,000,000, save in respect of death or personal injury caused by the Company's negligence or any liability that cannot be limited by law.

7.5 Indirect loss

Neither party shall be liable to the other for any indirect, special or consequential loss, including but not limited to loss of profits, loss of revenue, loss of business, loss of goodwill, or loss of anticipated savings.

8.Intellectual Property & Reports

All intellectual property rights in any Report, calculation, dataset, drawing, methodology or other material created by the Company in the course of providing the Services remain the property of the Company until all sums due in respect of the Services have been paid in full.

On payment in full, the Client is granted a non-exclusive licence to use the Report for the purpose for which it was commissioned, including submission to Building Control, accreditation bodies, lenders, or onward sale of the Property.

Reports may not be reproduced in part, edited, or used out of context. Publication, where required, must be in the full and unaltered form of the Report and only with the prior written authorisation of the Company. Reports may not be used as evidence in any legal proceedings without the Company's prior written consent, except where disclosure is required by law.

9.Confidentiality

Both parties agree to keep confidential any commercially sensitive information shared in the course of the engagement, except where disclosure is required by law, by a regulator, or by an accreditation scheme to which the Company is subject.

10.Data Protection

The Company will process any personal data provided by the Client in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Personal data is processed solely for the purposes of providing the Services, communicating with the Client, and meeting our legal and regulatory obligations.

The Company will not share Client data with third parties for marketing purposes. Data may be shared with sub-contractors, accreditation bodies, or regulators where necessary for the proper performance of the Services or where legally required.

11.Indemnity

The Client agrees to indemnify and hold harmless the Company against any claims, demands, losses, damages or expenses (including reasonable legal fees) brought by any third party which arise from or relate to the Client's breach of these terms, the Client's negligent acts or omissions, or any inaccurate, misleading or incomplete information provided by the Client to the Company.

12.Termination

The Company may terminate any engagement with immediate effect by written notice if:

• the Client fails to make any payment when due and the failure remains unremedied for 14 days after written reminder;
• the Client commits a material breach of these terms which is not capable of remedy or is not remedied within a reasonable period;
• a conflict of interest comes to the Company's attention which makes continued performance inappropriate; or
• the Client becomes insolvent, enters administration, or ceases to trade.

Termination does not affect any accrued rights or remedies of either party.

13.Dispute Resolution

The parties will use reasonable endeavours to resolve any dispute arising under or in connection with these terms by good-faith discussion in the first instance. If a dispute cannot be resolved within 30 days of written notice, the parties may refer the matter to mediation through a mutually agreed mediator, or to arbitration under the Arbitration Act 1996 by a single arbitrator agreed between the parties or, failing agreement, nominated by the Chartered Institute of Arbitrators.

14.Governing Law

These terms and any contract between the parties are governed by the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales for any matter not resolved through the procedures in clause 13.

15.Contact

If you have any questions about these terms, or about a Service we have provided, please contact us using the details below.