Terms & Conditions - Chiltern Water

Client:

The person or company named on our quotation.

Contractor:

A third party company whose services are engaged by Chiltern Water Limited who may be engaged in specialist tasks out of remit.

Agreements:

Once a quotation has been accepted, any form of written agreement, whether an official order or emailed acknowledgment will form an agreement or contract between the client and Chiltern Water Limited.

Cost:

The charges shown within the quotation. (Exclusive of VAT)

Goods & Materials:

Any product supplied by Chiltern Water Limited to the client.

Charges & Payments:

Invoice Payment Terms:

Unless otherwise agreed prior to quotation (in writing) all invoices must be paid within 30 days of invoice date.

Aborted Visits:

Any aborted visits will be charged at £420.00 + VAT unless at least 24 hrs notice is Given.

Proforma Invoice Payment Terms:

Chiltern Water Limited may require a “Proforma Payment” in advance of any works being carried out with a contract value more than £10,000.00 for existing clients.

A “Proforma Invoice Payment” of £2,000.00 may be required for first time clients.

Until a “Proforma Invoice” payment has been cleared, no works will commence.

Outstanding Invoice Payments:

In the event of any non-payment of an invoice, Chiltern Water Limited will be entitled at its absolute discretion to cease and suspend the provision of any services to a client until such time as all outstanding invoices have been cleared.

3. Retention of Goods:

Any goods or materials supplied by Chiltern Water Limited to the client shall remain the sole and absolute property of Chiltern Water Limited as legal and equitable owner until such time as the invoice payment has been made and cleared.

4. Warranties & Liability:

Chiltern Water Limited cannot be held liable for the death of or injury to the client or their employees, nor for any loss or damage to the client’s property unless due to the proven negligence or other failure of Chiltern Water Limited to perform its obligations under this contract or under Health & Safety legislations.

Chiltern Water Limited liability if any in respect of any claim for loss and/or damage caused by the supply of any defective goods or items or services (including without limitation chemicals or plant) shall be limited to the replacement cost of the goods or items (subject to any warranties of the supplier which Chiltern Water Limited shall pass onto the Customer)

Chiltern Water Limited shall not be liable for any delay loss of damage incurred by the client arising in the event of a national emergency, war, prohibitive regulation, strike industrial action, or any other cause beyond the reasonable control of Chiltern Water Limited.

Chiltern Water Limited shall not be liable at all to the client in respect of any claim for the failure to supply and/or loss and/or damage howsoever caused due to incomplete and/or inaccurate information being supplied by the client.

5. Termination of Contracts:

If the provision of the Specified Services shall be on an ongoing basis (rather than a specific task or a specific sale) then either party shall be entitled to terminate the contract at any time by giving not less than three months written notice to the other.

Either party may (without limiting any other remedy) at any time terminate the provisions of the Specified Services by giving written notice to the other if the other commits any material breach of these Conditions and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so or if the Customer goes into or Chiltern Water Limited has reasonable grounds to consider that the Customer may go into liquidation receivership administration or any other form of insolvency or (in the case of an individual or firm) becomes bankrupt makes a voluntary arrangement with his or its creditors or has a receiver or administrator appointed.

6. General:

These Conditions together with the quotation constitute the entire agreement between the parties and supersede all previous agreements or understanding and may not be varied except in writing between the parties. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest

extent permitted by law.

Any notice required or permitted to be given by either part to the other under these Conditions shall be in writing and addressed to the other party.

Chiltern Water Limited may assign a Sub-Contractor for any specialist services, or delegate all or any of its rights or obligations under this contract to any group company or otherwise without the Customers prior consent.

English law shall apply to the Contract and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.

The contract is personal to the client and is not capable of assignment or any other disposition other than with the prior written approval of Chiltern Water Limited.

Client Obligations:

Acceptance of a quotation is deemed to be confirmation of your understanding of your obligations under the following legionella legislation and guidance:

· Health and Safety at Work etc. Act 1974

· The Management of Health & Safety Regulations 1999

· The Control of Substances Hazardous to Health Regulations 2002

· The Notification of Cooling Towers and Evaporative Condensers Regulations 1992

· HSE ACoP L8 2013

· HSG 274 Part 1, 2 & 3 2014

Other guidance available:

· BS8580-1 (Risk Assessment)

· HSG282 (Spa)

· HTM04-01 (Healthcare)

· HTM05-01 (Dental)

Records:

If there are any matters of evident concern relating to legionella control both from works undertaken

and any observations made beyond our scope of works that become apparent, a site visit report will be

issued following each visit. Any actions required will be highlighted and should be actioned as soon as

possible.

All actions and results MUST be filed in your legionella logbook or record keeping system and MUST be kept for

a minimum of 5 years.

Legionella Control Association:

Chiltern Water Limited are current members of the Legionella Control Association and work under the following LCA service standards:

· Legionella Risk Assessment Services

· Water Treatment Services

· Monitoring & Inspection Services

· Cleaning & Disinfection Services

· Training Services

· Legionella Analytical Services

· Plant & Equipment Services

Should you require confirmation of our registered categories with the Legionella Control Association or a copy of the Legionella Control Association Code of Conduct, this is available to download at: www.legionellacontrol.org.uk

Legionella Risk Assessments:

Scope of Works:

All quotations will include the scope of works to include what systems are to be assessed.

The Risk Assessments will be carried out in accordance with our RAMS document CWL/RAMS/012.

An appraisal of the current risk assessment, together with the Logbook or other records, e.g. Monitoring Records, Reporting Structures etc… should be carried out to determine whether the system is under control and is continuing to be adequately managed. However, recommendations should still be made in the report to keep these successful controls in place.

Legionella Risk Assessments are based on information known to Chiltern Water Limited at the time of the survey. Chiltern Water Limited cannot accept any responsibility for any loss or claim arising from information contained within this or any other associated document.

Chiltern Water Limited are not responsible for opening any concealed access to any plant or equipment. All plant and equipment to be fully accessible to complete the assessment survey.

Legionella Risk Assessment include the following:

· An Asset Register

· Written Scheme of Control

· Schematic Drawing

· Photographic Evidence

· Executive Summary

· The final Assessment report will be issued in electronic format only (PDF)

· Our RAMS will clarify who is responsible for the Health & Safety of the assessor

· Where there are areas of repetition, the quotation will list the areas of repetition that will be surveyed.

· Where areas are not accessible during the assessment these will be highlighted in the final report

· Matters of “Significant Concern” seen during the assessment will be communicated that day by email to client.

· Any matters or queries arising from the final report will be resolved initially by email, and if necessary, in a meeting which may incur additional costs.

· Include the assessor’s qualification to carry out the assessment undertaken.

· Chiltern Water Limited reserve the right to allow the client fourteen days in which to notify Chiltern Water Limited of any inaccuracies contained within the Risk Assessment document or changes that may be required, after which time it will be assumed that our client has accepted the documentation to be satisfactory and fully complete.

Prior to completing a Risk Assessment, Chiltern Water Limited will require:

· Access to any previous Legionella Risk Assessments

· Records for all training and competence, monitoring and any activity regarding legionella control. This data will be used in the final report.

· An escort who has knowledge of the site and systems to be surveyed, who will be responsible for the assessor’s Health and Safety whilst on-site.

· Notification of any Site Inductions, Health and Safety Training requirements needed to allow access to site must be given prior to quotation stage.

Assumptions on All Other Works:

· Safe access to all areas of the system

· Access to suitable foul drain for effluent disposal

· Power supply and lighting in the vicinity of the cold-water storage tanks

· The building will be empty of occupants or notified of significant disruption to their water supply during our work

· Access to all existing records, drawings, asset registers etc

· The client is to ensure any “Consent to Discharge” licences for any foul or other waste disposal means as deemed necessary

· Assistance from competent site personnel in accessing systems and explanation of system operation

· Site will advise Chiltern Water Limited prior to quotation stage of any restrictions imposed by equipment manufacturers, location and isolation of Chemical Dosing points, control equipment and or other sensitive equipment, Dead-Legs, redundant pipe-work or equipment or other outlets

· Site will advise Chiltern Water Limited prior to quotation stage of any relevant site-specific requirements which include induction procedures, access permits, permits to work, reporting emergencies and security

· Site is responsible for Health & Safety, Safe Disposal, Waste Disposal Options & decisions taken

Any Training provided will:

· Be held in an appropriate venue

· Consist of appropriate delivery methods

· Be designed to deliver theoretical knowledge and practical knowledge

Provide a certificate of attendance

In addition to the above the following actions should be carried out on a regular basis in accordance with ACoP L8 & HSG274:

Domestic Hot Water to be stored at >60°C
Domestic Hot Water outlets to provide water above 50°C within 1 minute
Domestic Cold Water outlets to provide water below 20°C within 2 minutes
All Showerheads and Hoses should be Cleaned and De-Scaled on a quarterly basis
Monthly Temperature Monitoring of Domestic Water systems should be carried out and recorded within a Water Hygiene Logbook
Weekly flushing of little used outlets to reduce the risk of stagnation and bacteriological growth should be carried out and recorded within a Water Hygiene Logbook
Annual Inspection of the Domestic Hot Water Calorifiers should be carried out, or Six Monthly Blow-Down’s must be carried out and recorded within a Water Hygiene Logbook
Quarterly Cleaning / De-Scaling of all Domestic Water outlets should be carried out and recorded within a Water Hygiene Logbook

DHO Statutory Duty Holder Obligations

Section one of the LCA’s 9 service provider commitments requires that we ensure our clients are made aware of their legal obligations regarding Legionella legislation. The following briefly describes the obligations of a building operator or owner.

The HSE leaflet: A brief guide for duty holders – http://www.hse.gov.uk/pubns/indg458.pdf briefly describes the obligations of a duty holder with regards to legionella.

We recommend you take the time to read this leaflet as a starting point.

The hierarchy of legal documents that duty holders’ need to be aware of are outlined as follows:

The Health and Safety at Work etc. Act 1974

(1) Sections 2, 3, 4 and 6 are defined within ACoP L8 as applicable to Legionella control. The first two sections cover the primary requirements for Legionella control: –

(2) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety, and welfare at work of all his employees.

(3) It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.

http://www.legislation.gov.uk/ukpga/1974/37/pdfs/ukpga_19740037_en.pdf

The Management of Health and Safety at Work Regulations 1999 (MHSWR)

These regulations provide a broad framework for controlling health and safety at work. As well as requiring risk assessments, they also require employers to have access to competent help in applying the provisions of health and safety law; to establish procedures to be followed by any worker if situations presenting serious and imminent danger were to arise; and for co-operation and co-ordination where two or more employers or self-employed persons share a workplace.

http://www.legislation.gov.uk/uksi/1999/3242/pdfs/uksi_19993242_en.pdf

The Control of Substances Hazardous to Health Regulations 2002

Regulations 6, 7, 8, 9 and 12 are particularly relevant to Legionella control. Regulation 6, Assessment of the risk to health created by work involving substances hazardous to health, is perhaps the most relevant.

An employer shall not carry out any work which is liable to expose any employees to any substance hazardous to health unless he has –
made a suitable and sufficient assessment of the risk created by that work to the health of those employees and of the steps that need to be taken to meet the requirements of these Regulations; and
implemented the steps referred to in sub-paragraph (a).
Legionella bacteria are classified as substances hazardous to health and therefore a Legionella risk assessment can be considered a mandatory requirement in all workplace buildings with water systems.

http://www.legislation.gov.uk/uksi/2002/2677/pdfs/uksi_20022677_en.pdf

The Notification of Cooling Towers and Evaporative Condensers Regulations 1992

This regulation requires the registration of Evaporative Cooling Towers.

(1) Subject to this regulation and to regulation 4. It shall be the duty of each person who has, to any extent, control of premises to ensure that no notifiable device is situated on those premises unless the information set out in the Schedule to these Regulations has been notified in writing, on a form approved for the time being for the purposes of these Regulations by the Health and Safety Executive, to the local authority in whose area the premises are situated.

http://www.legislation.gov.uk/uksi/1992/2225/made

ACoP and Guidance L8 2013

Approved Code of Practice

This Code has been approved by the Health and Safety Executive, with the consent of the Secretary of State. It gives practical advice on how to comply with the law. If you follow the advice you will be doing enough to comply with the law in respect of those specific matters on which the Code gives advice. You may use alternative methods to those set out in the Code to comply with the law. However, the Code has a special legal status. If you are prosecuted for breach of health and safety law, and it is proved that you did not follow the relevant provisions of the Code, you will need to show that you have complied with the law in some other way or a Court will find you at fault.

Guidance (within L8)

This guidance is issued by the Health and Safety Executive. Following the guidance is not compulsory, unless specifically stated, and you are free to take other action. But if you do follow the guidance you will normally be doing enough to comply with the law. Health and safety inspectors seek to secure compliance with the law and may refer to this guidance.

Downloadable as a PDF free of charge from the HSE website – http://www.hse.gov.uk/pubns/priced/l8.pdf

HSG274 Technical Guidance:

The guidance in each part of HSG274 gives practical advice and examples of good practice in how to achieve what is required under L8. HSG274 is published in three parts:

HSG274: Part 1

This document gives specific guidance for evaporative cooling systems. Appendix 1 and 2 give useful practical advice on what should be found in a Legionella risk assessment and in a written scheme of control.

Downloadable as a PDF free of charge from the HSE website – http://www.hse.gov.uk/pubns/priced/hsg274part1.pdf

HSG274: Part 2

This document gives specific guidance for hot and cold water systems. Appendix 2.1 and 2.2 give useful practical advice on what should be found in a Legionella risk assessment and in a written scheme of control.

Downloadable as a PDF free of charge from the HSE website – http://www.hse.gov.uk/pubns/priced/hsg274part2.pdf

HSG274: Part 3

This document gives some basic guidance for other risk systems that are not covered in Part 1 or Part 2. For other risk systems, assessment and control of risk must be from first principles of legionella control. These systems require the most competent and knowledgeable assessors and contractors.

Downloadable as a PDF free of charge from the HSE website – http://www.hse.gov.uk/pubns/priced/hsg274part3.pdf

HSG282

This document from HSE gives guidance on Legionella control in spas pools.

http://www.hse.gov.uk/pupns/books/hsg282

HTM 0401

This document from the department of health gives specific guidance for healthcare for control of Legionella and other waterborne pathogens.

Part A gives guidance on design, build and commissioning.

Part B gives guidance on operational management.

Part C gives guidance on control of pseudomonas aeruginosa in augmented care settings. Supplement D08 gives guidance on thermostatic mixing valves in healthcare settings.

All parts are available as free PDF downloads.

https://www.gov.uk/government/publications/hot-and-cold-water-supply-storage-and-distribution-systems-for-healthcare-premises