Premier Blasting Limited: Standard Terms and Conditions for Blasting Services

Definitions and Interpretation

1.1 The Company: Premier Blasting Limited, hereinafter referred to as 'the Company', with its registered office at Old Manor House, East Bridgford, Nottingham NG13 8LE.

1.2 The Customer: Any individual, firm or entity that enters into a contract with the Company for the provision of services.

1.3 Work: The services agreed with the Customer, including but not limited to shot blasting, sandblasting, soda blasting, abrasive blasting, surface preparation, paint and coating removal, and associated work carried out by the Company or its appointed subcontractors.

1.4 Day Rate: The agreed fee for a standard working day, including travel and materials unless expressly stated otherwise in the quotation.

1.5 Agreement: The contract between the Company and the Customer, consisting of the agreed quotation, these Terms and Conditions and any subsequent variations agreed in writing.

1.6 Consumer: A Customer acting wholly or mainly outside their trade, business, craft or profession.

Agreement

2.1 These Terms and Conditions form part of the Agreement between the Company and the Customer and set out the rights and obligations of each party in relation to the Work.

2.2 By accepting a quotation, confirming a booking or paying a deposit after these Terms and Conditions have been made available, the Customer agrees to these terms, subject always to applicable statutory rights.

2.3 Any material change to the scope, specification, cost or timing of the Work must be agreed by the parties. The Company will not undertake chargeable additional work without the Customer's agreement, except for proportionate and necessary measures to address an immediate safety risk.

Customer Obligations

3.1 The Customer shall provide complete and accurate information about the property, materials, existing coatings, proposed Work and working environment, including known defects, previous repairs, restricted access and any circumstances which may affect safety or the outcome of the Work.

3.2 The Customer is responsible for ensuring that their property and contents are appropriately insured and for checking whether their insurer needs to be informed of the proposed Work. This does not limit the Company's liability where it fails to exercise reasonable care and skill.

3.3 Permissions and Listed Buildings: The Customer warrants that all permissions and consents required for the Work have been obtained before commencement, including, where applicable, Listed Building Consent, planning or conservation approvals, landlord or freeholder consent and any other relevant authorisation. The Customer shall be responsible for losses, reasonable costs and delays arising from their failure to obtain such permissions, to the extent permitted by law. The Company may refuse or suspend Work where required permissions are absent. Nothing in this clause removes the Company's own statutory responsibilities.

3.4 Lead Paint, Asbestos and Hazardous Coatings: The Customer must inform the Company before Work commences if they know of, suspect or hold information indicating the possible presence of lead-based paint, asbestos, hazardous coatings, contaminated materials or other substances which may require specialist precautions. Unless expressly agreed in writing, hazardous-material testing, surveys, sampling, analysis and remediation are not included in the quotation. The Company retains all duties imposed upon it by applicable health and safety law and may require appropriate investigation before starting or continuing the Work. Reasonable additional costs, delays, specialist equipment or subcontractor requirements arising from such materials will be discussed and agreed with the Customer before further chargeable Work proceeds.

3.5 Room Clearance: All areas in which Work is to take place must be fully cleared of furniture, personal possessions, household contents, electrical equipment, soft furnishings and movable items before the Company's arrival, unless otherwise agreed in writing. The Customer must also take reasonable steps to protect belongings in adjacent areas which may be affected by dust migration. The Company is not obliged to move or store items. If it agrees to do so, reasonable additional charges may apply. The Company is not responsible for damage to items which the Customer has failed to remove, except where caused by the Company's negligence or failure to exercise reasonable care and skill.

3.6 Access and Site Readiness: The Customer must provide safe, suitable and uninterrupted access to the Work area and any agreed facilities or services needed to carry out the Work. Children, pets and unauthorised persons must remain outside designated Work and exclusion areas during operations.

Provision of Services

4.1 The Company will undertake the Work specified in the accepted quotation and any additional Work subsequently agreed.

4.2 Estimates are provisional where based upon information supplied by the Customer or a non-intrusive visual assessment. Hidden conditions, extra coatings, contamination or previously inaccessible areas may affect the time, method and cost of the Work.

4.3 If additional Work is considered necessary, the Company will explain the revised scope and estimated cost and seek the Customer's approval before proceeding. Where agreement cannot be reached, the Company may suspend the affected Work and charge for services properly performed up to that point and other lawful, reasonable costs already incurred.

4.4 The Company will carry out its services with reasonable care and skill, using methods appropriate to the materials and conditions reasonably apparent at the time.

Payment Terms

5.1 For 1 to 2 Day Projects:

10% Refundable Deposit: A 10% deposit is required to secure project dates. The deposit is refundable where the Customer cancels at least 72 hours before the agreed start date. Cancellations within that period may result in a reasonable charge reflecting the Company's actual losses and costs which cannot reasonably be avoided, subject to any applicable statutory cancellation rights.

40% Before Work Commencement: A further 40% of the agreed project cost is due before Work begins. Where payment is made on the day of arrival, the Customer must allow sufficient time for funds to clear. The Company is not responsible for resulting delays caused by late payment.

50% on Completion: The remaining 50% is due on the day the agreed Work is completed, subject to any statutory rights arising from incomplete or defective services.

5.2 For Projects of 3 Days or More:

10% Refundable Deposit: A 10% deposit is required to reserve the agreed project dates, on the same cancellation basis as clause 5.1.

40% Before Work Commencement: A further 40% of the agreed project cost is payable before Work begins.

Final 50% in Instalments: The remaining 50% will be payable in instalments according to the schedule stated in the invoice or otherwise agreed between the Company and the Customer.

5.3 Non-Adherence to Payment Terms: The Company may refuse to commence or may suspend Work where an agreed payment is overdue, giving reasonable notice where practicable. Amounts lawfully due for Work completed, materials supplied and reasonable costs incurred remain payable.

5.4 Delays and Additional Labour Charges: If inadequate site preparation, insufficient access or other circumstances within the Customer's control prevent the team from starting or continuing Work, a charge of £50 per operative per hour may apply for reasonably incurred waiting time or additional labour. The Company will explain the reason for the charge. Any change to this rate must be communicated and agreed in advance. No charge will be made for delays attributable to the Company.

5.5 Non-Payment and Recovery Costs: The Company may pursue lawful recovery of overdue sums. In business-to-business contracts, the Company may claim statutory interest, fixed compensation and reasonable additional recovery costs where permitted under applicable late commercial payment legislation. In consumer contracts, only lawful and reasonable interest or recovery costs may be claimed. The Customer remains entitled to dispute sums genuinely in issue and to exercise their statutory rights.

Completion and Delays

6.1 The Company will use reasonable efforts to complete the Work within the agreed timeframe but is not responsible for delays caused by matters beyond its reasonable control, including unsafe conditions, undisclosed hazards, adverse weather, restricted access or third-party delays for which it is not responsible.

6.2 The Company will investigate and, where appropriate, rectify defects caused by its failure to exercise reasonable care and skill, in accordance with the Customer's statutory rights. The Customer is requested to report workmanship concerns within 7 working days where reasonably possible, but this request does not restrict any statutory remedies.

6.3 The Customer is requested to report any alleged damage as soon as reasonably practicable and, ideally, within 72 hours of completion so that the matter can be investigated promptly. Failure to report within 72 hours does not automatically remove liability or affect the Customer's statutory rights.

6.4 If Work is interrupted or suspended for a reason outside the Company's reasonable control, revised completion dates and any reasonable additional costs will be discussed with the Customer.

Service-Specific Terms and Liability

7.1 Paint and Coating Removal: Abrasive blasting does not guarantee the complete removal of all paint, coatings, stains, contamination or residues. Some surfaces may require additional specialist or chemical treatment at an additional agreed cost. Historic coatings may have concealed defects or deterioration.

7.2 Brick, Stone and Mortar: Abrasive blasting may expose or dislodge loose mortar, deteriorated cement, friable brick, stone or previous repairs. Where the process reveals significant weakness or damage, the Company may stop Work to discuss the condition and obtain written approval before proceeding with any materially increased risk.

7.3 Hidden Damage and Existing Defects: The Company is not responsible for pre-existing deterioration, rot, corrosion, cracks, poor workmanship, historic repairs, structural weakness, unsound coatings, paint failure or other defects merely revealed by the blasting process. Such conditions can become apparent only once surface coverings are removed. This does not exclude liability for damage caused or worsened by the Company's negligence or failure to exercise reasonable care and skill.

7.4 Colour, Texture and Finish: The Company cannot guarantee a particular colour, texture, tone, appearance or uniform final finish after blasting or coating removal. Natural differences between timber, brick, stone, metal and other materials, together with weathering, previous treatments, staining, age and repairs, may become more apparent following Work.

7.5 Expectations of a 'Like New' Finish: Blasting is primarily a surface preparation and coating removal process. Unless expressly included in the quotation, it does not repair structural defects, dents, staining, rot, corrosion pitting, historic damage, weathering, poor repairs or age-related deterioration. An exposed surface should not be expected to look new or entirely consistent.

7.6 Previous Treatments: Previous paint applications, fillers, stains, sealants, adhesives and repair materials may have altered the underlying substrate. Their removal may expose discolouration, holes, unevenness or other conditions not visible before Work began.

Preparatory Work and Completion

8.1 Dust Travel and Containment: Due to the nature of abrasive blasting, dust may travel beyond the immediate Work area despite reasonable containment measures. Dust may migrate through floorboards, wall cavities, fireplaces, ventilation routes, gaps around fixtures and other visible or unseen openings. The Customer acknowledges that complete dust containment cannot be guaranteed. The Company will take reasonable steps to contain dust but is not responsible for unavoidable migration occurring despite the exercise of reasonable care and skill. Nothing in this clause excludes liability for negligent containment or other breach of the Company's legal duties.

8.2 Tape, Sheeting and Protection Damage: The Company may use adhesive tapes, protective sheeting, masking materials and containment systems. These can interact with existing paint, wallpaper, plaster, decorative finishes, sealants and other surfaces, particularly where finishes are aged, poorly adhered, previously repaired or fragile. The Customer acknowledges the risk that applying or removing protective materials may lift, mark or remove existing finishes. The Company is not responsible for such effects where they occur despite reasonable care and appropriate methods, but remains responsible for damage caused by negligence or failure to exercise reasonable care and skill.

8.3 Test Patch: Where practicable, the Company will carry out a representative test patch for the Customer to inspect. Approval of the test patch and signature of a Work commencement form confirms acceptance of the general method and indicative appearance. The Customer acknowledges that other areas may vary due to differences in the underlying materials and pre-existing condition.

8.4 Rejection of Test Patch: If the Customer decides not to proceed after a test patch has been carried out, the Company may charge up to 50% of the agreed day rate where that charge is reasonable and proportionate to Work undertaken, time reserved and unavoidable costs incurred. The charge will not apply where rejection arises from the Company's failure to provide the service with reasonable care and skill or where statutory cancellation rights require a different outcome.

8.5 Work Stopped After Commencement: If the Customer asks for Work to stop after commencement for reasons unrelated to any breach by the Company, the Customer may be charged a reasonable amount for Work performed, committed costs and unavoidable losses, taking account of costs the Company has saved or could reasonably avoid.

Post-Work Clean-Up

9.1 The Company will undertake the site clean-up and waste removal included in the agreed quotation. Unless specifically agreed, this does not include specialist deep cleaning, cleaning of inaccessible cavities or the removal of unrelated pre-existing waste.

9.2 The Customer acknowledges that residual airborne dust may settle after the initial clean-up, including in adjoining or external areas, even where reasonable containment and cleaning measures have been used. The Company remains responsible for cleaning failures caused by a lack of reasonable care and skill.

Access, Attendance and Standby Charges

10.1 If the team attends the agreed site but is unable to commence or continue Work because of unavailable access, incomplete room clearance, customer readiness, missing permissions, unavailable agreed facilities or third-party delays for which the Customer is responsible, reasonable attendance, standby and rescheduling charges may apply.

10.2 Waiting time and additional labour resulting from such circumstances may be charged at £50 per operative per hour, unless another rate has been expressly agreed. Charges must reflect time and costs reasonably incurred and must not amount to a disproportionate penalty or duplicate other charges for the same loss.

10.3 Start Time: The Company aims to arrive on site between 8:30 am and 9:30 am unless otherwise agreed. If the team arrives after 11:00 am, the Customer may decline commencement that day without an attendance charge. If the Customer elects to proceed, the agreed day rate applies unless a different arrangement is agreed.

Liability and Property Damage

11.1 The Company is not liable for unavoidable outcomes inherent in properly performed abrasive blasting, including pre-existing defects becoming visible, natural substrate variation or reasonable dust migration, provided the Company has exercised reasonable care and skill.

11.2 The Company is responsible for direct loss or damage caused by its negligence, breach of contract or failure to exercise reasonable care and skill, subject to applicable law.

11.3 The Customer is responsible for removing or protecting belongings as required by these Terms and Conditions. However, no clause excludes liability where the Company's own acts or omissions unlawfully cause damage.

11.4 Nothing in these Terms and Conditions excludes or restricts liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any other liability which cannot lawfully be excluded or limited. Nothing limits the rights or remedies available to a Consumer under applicable consumer protection law.

Cancellation and Statutory Rights

12.1 The Company's 72-hour deposit refund policy applies subject to any greater rights the Customer has under law. Any cancellation fee or retention of a deposit must be fair, reasonable and proportionate to the Company's actual losses and costs which cannot reasonably be avoided.

12.2 Where the Agreement is concluded at a distance or away from the Company's business premises and statutory consumer cancellation rights apply, the Customer will be given the required cancellation information and may cancel within the applicable statutory period.

12.3 If a Consumer expressly requests Work to begin during an applicable statutory cancellation period and later exercises a statutory right to cancel, the Company may charge only such proportionate amount as the law permits for services supplied up to cancellation. The Company will obtain any consent or acknowledgement required by law before commencing in those circumstances.

12.4 No provision in these Terms and Conditions overrides the Customer's statutory rights concerning cancellation, services not provided with reasonable care and skill, or other mandatory legal protections.

General Provisions

13.1 The Company retains ownership of materials and parts it supplies until all sums lawfully due in respect of those materials and parts have been paid, insofar as such retention is legally effective.

13.2 The Company may use suitably qualified subcontractors to perform some or all of the Work and remains responsible for meeting its contractual and statutory obligations.

13.3 If any term is found invalid or unenforceable, the remaining terms shall continue to apply to the extent permitted by law.

13.4 These Terms and Conditions are governed by the law of England and Wales, without depriving Consumers of any mandatory protections applying to them.

13.5 The Customer should read these Terms and Conditions before accepting a quotation or authorising commencement. Signing commencement or completion forms may evidence acknowledgement of the Work undertaken but does not remove statutory rights or retrospectively impose terms which were not properly incorporated into the Agreement.