1. Introduction
These Terms and Conditions govern your use of the Thornton Fire website and the supply of passive fire protection services by Thornton Fire Protection Ltd, part of the Thornton FM group ("the Company", "we", "us" or "our"). By using this website or instructing us to carry out services, you agree to be bound by these terms. If you do not agree, please do not continue to use the site or place an order.
2. Definitions
"Client" means the person, company or organisation that instructs us to provide Services. "Services" means fire stopping, fire door installation, maintenance, inspection, surveying, remedial works and related consultancy. "Site" means the property where the Services are to be carried out. "Works" means the physical services, reports, documentation and evidence packs produced under a contract.
3. Use of this website
The content on this website is for general information and marketing purposes only. It does not constitute professional, legal or fire-engineering advice. While we aim to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of the website or its content.
4. Quotations and estimates
Any quotation or estimate we provide is based on the information, drawings and access arrangements supplied by the Client and is valid for 30 days unless otherwise stated. A quotation is not a binding contract unless and until it is accepted by the Client and confirmed by us in writing. Prices may be adjusted if the scope, site conditions or access arrangements change materially after the quotation is issued.
5. Formation of contract
A contract is formed when the Client accepts our written quotation, estimate or order confirmation and we confirm the instruction in writing. The contract is made up of these Terms and Conditions, the accepted quotation/estimate, any agreed specification, and any subsequent written variation agreed by both parties.
6. Client responsibilities
The Client must provide safe access to the Site, accurate drawings, information on existing fire-safety measures, and any known hazards such as asbestos. The Client is responsible for obtaining any necessary permissions from landlords, tenants, occupiers or managing agents, and for ensuring the Site is safe for our personnel to work. Delays caused by lack of access, inaccurate information or unsafe conditions may result in additional charges and revised delivery dates.
7. Standards and compliance
We carry out the Works in accordance with current UK building regulations, recognised industry guidance and the accreditation standards applicable to the scope, including but not limited to ASFP, FIRAS, BM TRADA and CHAS requirements where relevant. Our certificates and evidence packs are issued on the basis of the works we have inspected and completed, and do not of themselves guarantee the overall compliance of the building or any third-party installations.
8. Variations
Any change to the scope of the Works must be agreed in writing by both parties before it is carried out. Variations may affect the contract price and programme. We will not be obliged to carry out work that falls outside the agreed scope unless a variation has been formally authorised.
9. Warranties and liability
We warrant that the Works will be carried out with reasonable care and skill and that materials installed will be of satisfactory quality and fit for their intended purpose, subject to manufacturer specifications. This warranty lasts for 12 months from practical completion unless a longer period is agreed in writing. We will remedy defects notified in writing during the warranty period, provided they are not caused by misuse, third-party work, structural movement, or failure to maintain the installation.
10. Limitation of liability
Nothing in these terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or any other liability which cannot be excluded by law. Subject to that, our total liability to the Client in connection with any contract is limited to the total amount paid by the Client for the Services under that contract, or £1,000,000, whichever is lower. We are not liable for any indirect, consequential or economic loss, including loss of profit, revenue, business opportunity or reputation.
11. Insurance
We maintain employer's liability, public liability and professional indemnity insurance at levels appropriate to the work we undertake. Certificates of insurance can be provided on request.
12. Payment
Payment terms are set out in the quotation or contract. Unless otherwise agreed, invoices are payable within 30 days of the invoice date. We may require a deposit or staged payments for larger works. We may suspend work, withhold reports or exercise a lien over deliverables if payment is not received by the due date. Late payments may attract interest at the rate permitted by the Late Payment of Commercial Debts (Interest) Act 1998.
13. Cancellation and suspension
For consumer contracts, the Client may cancel within 14 days of the contract being formed unless work has already commenced with the Client's agreement. For commercial contracts, cancellation or postponement must be given in writing and the Client will be liable for any non-recoverable costs and abortive work incurred up to the date of cancellation. We may suspend the Works if the Site becomes unsafe, access is denied, or payment is overdue.
14. Intellectual property
All content on this website is owned by or licensed to us and is protected by copyright and other intellectual property rights. Reports, photographs, evidence packs and documentation produced for the Client are for the Client's own use in relation to the Site and may not be reproduced, sold or used for any commercial purpose without our written consent. We retain the copyright and moral rights in all materials we create.
15. Data protection
We process personal data in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018. Personal data collected through the website or during the provision of Services is used only for the purposes of providing quotations, carrying out the Services, maintaining records, and communicating with the Client.
16. Subcontracting
We may use carefully selected subcontractors or specialist partners to perform part of the Works. We remain fully responsible for the performance of the Services and the acts or omissions of any subcontractor we appoint.
17. Force majeure
We are not liable for any failure or delay in performing our obligations where that failure or delay results from events outside our reasonable control, including but not limited to fire, flood, severe weather, epidemic, pandemic, industrial action, war, terrorist action, government restrictions, or failure of utility services.
18. Governing law and jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. Any dispute arising from or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
19. Changes to these terms
We may update these Terms and Conditions from time to time. The version in force at the date the contract is formed will apply. Continued use of the website after changes are posted constitutes acceptance of the revised terms.
20. Contact us
If you have any questions about these Terms and Conditions, please contact us at enquiries@thorntonfire.co.uk or by telephone on 0800 555 3473.
Important note: these terms are a working draft produced for Thornton Fire. They should be reviewed by your solicitor before being relied upon as binding legal terms.