Terms & Conditions

Definitions
The following terms shall have the meanings assigned to them:

• Client – The individual or entity for whom the Report has been procured, either directly or via an Intermediary.

• Conditions – These Terms and Conditions, including the User Guide and the Order.

• Company – Air and Flood Consultants.

• Information – Environmental data, including third-party sources.

• Intermediary – A third party acting on behalf of the Client, such as a lawyer or consultant.

• Order – A request for Services placed by a Client or Intermediary.

• Report – A document prepared by Air and Flood Consultants containing environmental information related to a Site.

• Services – The preparation and provision of Reports based on available data.

• Site – The property or location specified in the Order.

• User Guide – Any supplementary document produced by Air and Flood Consultants explaining the scope of the Reports.

Conditions of Service
Upon receipt of a valid Order, Air and Flood Consultants agrees to provide the Services to the Client or Intermediary under these Conditions. By placing an Order, the Client or Intermediary accepts these Conditions. The User Guide, if applicable, forms part of these Conditions.
Air and Flood Consultants acknowledges a duty of care to both the Client and the Intermediary in delivering Reports and Services.
In providing Reports, we comply with relevant industry codes and regulations, ensuring adherence to high professional standards.
Report Accuracy & Limitations
Air and Flood Consultants exercises due care, skill, and diligence in preparing Reports. However, the Client and Intermediary acknowledge that:

• Information provided in Reports is sourced from third-party data and may not always be exhaustive.

• The accuracy and completeness of third-party information cannot be guaranteed.

• Reports do not identify all potential environmental risks related to a Site.

• Reports are intended for professionals experienced in interpreting environmental information.

• Air and Flood Consultants is not liable for errors arising from third-party data inaccuracies, transmission issues, or system malfunctions.

• Environmental conditions, including groundwater and contamination levels, may vary over time and across different areas of the Site.

• Reports reflect interpretations based on available data and should be reassessed if new information, methodologies, or regulations emerge.

Liability
Due to reliance on third-party data, Air and Flood Consultants cannot verify all aspects of the information contained in Reports. Accordingly, liability is limited as follows:

• We are only liable for loss or damage directly caused by a breach of these Conditions.

• We are not responsible for errors resulting from incorrect or incomplete third-party data.

• We are not liable for any indirect or consequential loss, including loss of profits or business opportunities.

• Reports do not guarantee the availability of insurance for environmental risks identified.

• Air and Flood Consultants is not responsible for the selection or suitability of any insurance policy obtained following the issuance of a Report.

• Liability for any claim related to a Report expires six (6) years from the Report date.

• Total liability for any claim is capped at £5,000,000.

Air and Flood Consultants maintains Professional Indemnity Insurance in respect of Services provided, subject to availability at commercially reasonable rates.
Copyright & Use of Reports

• All Reports and their content remain the intellectual property of Air and Flood Consultants.

• Reports may be stored and shared within a Client’s or Intermediary’s internal systems but must not be copied or distributed beyond what is permitted.

• Up to five (5) printed copies of a Report may be made for internal purposes.

• Any further reproduction requires written permission from Air and Flood Consultants.

• The Client and Intermediary must not modify, alter, or misrepresent any part of the Report.

Confidentiality & Third-Party Use

• Reports are provided solely for the use of the Client or Intermediary and specific third parties identified in the Order.

• Reports must not be shared with external parties without written consent from Air and Flood Consultants.

• Air and Flood Consultants is not liable for any reliance placed on a Report by an unauthorised third party.

• Information provided to Air and Flood Consultants by the Client or Intermediary will be treated as confidential.

Charges & Payment

• Fees for Services are outlined in the Order and must be paid in full before the Report is issued unless otherwise agreed.

• Payment must be made at 100% pre-payment unless an alternative agreement is in place.

• Late payments may result in interest charges and suspension of further services.

• If an Order is cancelled, the following fees apply:

  • 0-1 working day: 30% of the fee plus incurred costs.

  • 2-3 working days: 50% of the fee plus incurred costs.

  • 4 or more working days: 100% of the fee.

Force Majeure
Air and Flood Consultants shall not be held liable for failure to deliver Services due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters (e.g., floods, earthquakes)

• Industrial disputes or strikes

• Governmental actions or regulatory changes

• Failures in telecommunication networks or IT systems

Governing Law & Jurisdiction
These Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the English courts.
For any queries related to these Terms and Conditions, please contact:
Air and Flood Consultants
airandfloodconsultants@gmail.com

Last Updated: 01.03.2025