Terms and Conditions

1.These Terms and Conditions apply to the provision of the services/products detailed on our website or in our quotations by H&SM Ltd a company registered in Scotland, registered office is at 31 Primrose View, Armadale, Scotland, EH48 2FQ (we or us) to the person buying the services/products (you).
2.You are deemed to have accepted these Terms and Conditions when you accept our quotation, make online order payment for a product or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
3.You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

Interpretation
4. A “business day” means any day other than a Saturday, Sunday, or bank holiday in Scotland.
5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation.
6. Words imparting the singular number shall include the plural and vice-versa.

Services/Products
7. We warrant that we will use reasonable care and skill in our performance of the Services and products provided which will comply with the website costs or provided quotation, including any specification in all material respects. We can make any changes to the Services or products which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
8. We will use our reasonable endeavours to complete the performance of the Services/product delivery within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations.
9. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise.

Our competent Health and Safety Consultancy Service
9a. On agreeing in writing to proceed with the service (1 year minimum), the monthly fee agreed to in writing will be payable monthly for a minimum of 12 calendar months.
– On completion of the first 12 months of the service, the service will continue on a monthly basis with the agreed monthly fee being charged each month, but after the first 12 months the service can be cancelled by the customer at any time if they provide at least 1 months’ notice. If the service is cancelled before the first 12 months, the remainder of the outstanding monthly fees up to the minimum 12th month will be due on cancellation.
– H&SM Ltd have the right to cancel the contract at any time providing at least 1 months’ notice of cancellation.
– Payment to each monthly invoice is to be paid promptly within 7 days of the invoice date. If payment is not paid within the month, we reserve the right to charge you interest at the rate of 4% per annum above the base lending rate of the Bank of England on the amount outstanding until payment is received in full.

– If the service is within the first 12 months of service, and if payment for 3 (three) monthly invoices or more remains outstanding at any one time, we retain the right to either invoice on a quarterly basis for the remainder of the first minimum 12 months of service, or to cancel the service with the remainder of the minimum 12 monthly fees due to be paid by the customer at the time of cancellation.

Your obligations
10. You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties, and any other matters which we need to provide the Services.
11. If you do not comply with clause 10, we can terminate the Services.
12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations).

Fees
13. The fees (Fees) for the Products/Services are set out in the quotation.

Cancellation and amendment
14. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party’s control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.

Payment
15. We will take payment via BACS, and on receipt of payment, your product will be delivered by electronic means.
16.Time for payment shall be of the essence of the Contract.
17. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 4% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
18. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
19. All payments must be made in British Pounds.

Sub-Contracting and assignment
20. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
21. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.

Termination
22. We can terminate the provision of the product/Services immediately if you:
a. commit a material breach of your obligations under these Terms and Conditions; or
b. fail to make pay any amount due under the Contract on the due date for payment.

Intellectual property
23. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the products/Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

Liability and indemnity
24. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
25. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
26. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Products/Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses or;
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
27. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
28. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.

Circumstances beyond a party’s control
29. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be conducted under these Terms and Conditions.

Communications
30. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
31. Notices shall be deemed to have been duly given:
a. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
b. when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
c. on the fifth business day following mailing, if mailed by national ordinary mail; or
d. on the tenth business day following mailing, if mailed by airmail.
32. All notices under these Terms and Conditions must be addressed to the most up-to-date address, email address or fax number notified to the other party.

No waiver
33. No delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.

Severance
34. If one or more of these Terms and Conditions is found to be unlawful, invalid, or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction
35. This Agreement shall be governed by and interpreted according to the law of the United Kingdom and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive authority of the United Kingdom courts. All training courses are written to be in accordance with the law of The United Kingdom.

Our GDPR (The General Data Protection Regulation) Policy
We are a data controller under the above Regulations. We meet access requests within a one-month time frame.
Subject Access Rights are changing, and under the GDPR, citizens have the right to access all of their personal data, rectify anything that’s inaccurate and object to processing in certain circumstances, or completely erase all of their personal data that we may hold.
We take all reasonable steps to ensure that all suppliers and contractors are GDPR-compliant.