Disclaimer

Fire Risk Assessment Legal Disclaimer

The following legal disclaimer outlines the terms and conditions under which the Fire Risk Assessment is conducted by Terra Firma 360 Ltd. By engaging our services and participating in the Fire Risk Assessment, you agree to abide by the terms set forth below

Purpose and Scope

The Fire Risk Assessment conducted by Terra Firma 360 Ltd is intended to evaluate and assess the compliance of the audited premises, facilities, or operations with applicable health and safety regulations, guidelines, and best practices. The Fire Risk Assessment does not constitute legal advice and should not be construed as a substitute for professional legal consultation.

No Guarantees

While we will make every reasonable effort to conduct a comprehensive fire risk assessment, we do not guarantee that all hazards or potential risks will be identified or addressed during the audit process. Our recommendations and findings are based on the information available at the time of the audit and are subject to change as new information or regulations emerge.

Confidentiality

We acknowledge the sensitivity of the information shared during the fire risk assessment. We commit to maintaining strict confidentiality of all information obtained during the audit process. However, we shall not be held liable for any unauthorized access to or disclosure of such information beyond our reasonable control.

Limited Liability

In no event shall Terra Firma 360 Ltd, its employees, agents, or representatives be liable for any direct, indirect, incidental, special, or consequential damages arising from the fire risk assessment or the use of its findings and recommendations. This includes but is not limited to financial loss, business interruption, or personal injury.

Indemnification

By participating in the fire risk assessment, you agree to indemnify and hold harmless Terra Firma 360 Ltd, its employees, agents, or representatives from any claims, demands, losses, costs, damages, or liabilities arising out of or related to the audit process or any actions taken based on the audit findings and recommendations.

Independent Evaluation

The Fire Risk Assessment is conducted as an independent evaluation, and our findings are based solely on the information gathered during the audit period. Our assessment does not validate or invalidate any existing legal requirements or certifications applicable to your organisation.

Compliance Responsibility

The responsibility for ensuring compliance with health and safety regulations and standards ultimately lies with the audited entity. Our role is to offer recommendations and suggestions to improve health and safety practices based on industry best practices and regulatory requirements.

By engaging in the Fire Risk Assessment with Terra Firma 360 Ltd, you acknowledge that you have read, understood, and agreed to the terms and conditions outlined in this legal disclaimer. Should you have any questions or concerns, please feel free to discuss them with our representatives before proceeding with the audit.

Payment

Please be advised that our standard payment terms stipulate that payment must be made within 30 days of the completion of our work. We consider the completion of our work to be when we have submitted the document to you and not when your Company begins to review it.

If payment for the invoice is not received within 30 days of the invoice date, Terra Firma 360 Ltd may take legal action to recover the outstanding fees. The client will be responsible for Terra Firma 360’s legal fees in such cases.

If the client has any questions or disagreements regarding an invoice, they must contact the Terra Firma 360 Consultant in charge of the project or the Company Secretary in writing as soon as possible and no later than 14 days before the final payment due date. The client must provide details about the specific issue or dispute.

Costs

All of our reports are sent electronically, and printing costs are not factored into the quote. Unless otherwise stated and agreed, reasonable costs are included in the contract fee.

Copyright

If not specified in writing, TERRA FIRMA 360 LTD retains copyright and ownership of any documents they create. The client is authorized to use these documents only for their intended purpose and may not distribute or sell them for personal gain. TERRA FIRMA 360 LTD reserves the right to revoke this authorization if the client fails to pay their fees, with written notice provided.

Cancellation and Termination

If the Client fails to pay fees or breaches their obligations and does not remedy it within 14 days of notification, TERRA FIRMA 360 LTD may suspend their services by giving written notice of at least 30 days before terminating or suspending the Appointment.

If the services are suspended, TERRA FIRMA 360 LTD will resume their services after receiving the outstanding payments, but they will not be responsible for any delays or losses resulting from the suspension. TERRA FIRMA 360 LTD may also charge reasonable costs for re-mobilization.

If the Appointment is terminated or suspended, TERRA FIRMA 360 LTD will charge according to the fee proposal agreement and fee payment drawdown schedule for services provided up to the termination or suspension date, including disbursements and VAT.

If the client needs to cancel a scheduled service delivery by Terra Firma 360, a notice of at least 7 working days should be given. Terra Firma 360 reserves the right to charge for late cancellations, except for those detailed under Force Majeure.

GDPR

We process all of our information in line with GDPR, and a full copy of our policy is available on request.

Conflict of Interest

Both parties involved in this services contract agree to disclose any potential conflicts of interest that may arise during the performance of the agreement. A conflict of interest refers to any situation where a party’s personal or financial interests may compromise their ability to act impartially or make decisions solely in the other party’s best interest. Full transparency and prompt disclosure of any conflicts are vital to maintaining the integrity and fairness of this contractual relationship. In the event of a disclosed conflict of interest, both parties shall work collaboratively to find an appropriate resolution that ensures the continued fulfilment of the contract’s objectives while safeguarding the rights and interests of all parties involved.

Insurances

Both parties must maintain adequate insurance coverage throughout the duration of this services contract. Terra Firma 360 Ltd maintains public liability insurance, professional liability insurance, and any other relevant insurance required by law or deemed necessary for the performance of the services. The minimum coverage limits for each insurance type must be determined as per industry standards and in accordance with applicable laws and regulations.

Your Company must also maintain appropriate insurance coverage for any potential liabilities arising from the services provided under this contract. Both parties agree to provide proof of insurance upon request promptly and to notify the other party in writing of any changes or cancellations to their insurance policies that may affect the performance of this contract. Failure to maintain adequate insurance coverage may be considered a material breach of this agreement and may result in the termination of the contract at the non-breaching party’s discretion.

Entire Agreement

This services contract, including all its annexes, exhibits, and attachments, constitutes the entire agreement between Terra firma 360 Ltd and your Company regarding the subject matter herein and supersedes all prior negotiations, understandings, and agreements, whether oral or written, between the parties. Any modifications, amendments, or changes to this contract shall be valid only if made in writing and duly signed by both parties. No party shall be bound by any representations, warranties, or promises except as expressly set forth in this contract.

This clause ensures that the written agreement fully encompasses the rights and obligations of the parties and governs the scope and performance of the services provided herein.

A fire risk assessment is not

The FRA is not any of the following:

  1. A full audit of areas of the building that are not readily accessible or visually obvious (e.g. ceiling and roof voids and service risers), through a sample
    inspection of such areas is normally appropriate; NOTE 1 A degree of sampling is particularly important if the evacuation strategy is predicated on a high standard of compartmentation (e.g. in the case of progressive horizontal evacuation in a care home).
  2. A means for verifying compliance with current building regulations.
  3. A disabled access audit.
  4. A means for identifying latent defects in construction or compartmentation.
  5. A means for verifying that the fire resistance of structural elements of the building is adequate.
  6. An examination of the potential for structural collapse of the building in the event of fire.
  7. A fire strategy report.
  8. A pre-occupation fire safety assessment.
  9. A means for snagging new construction.
  10. A guide to legislation for the responsible person.
  11. A fire risk appraisal and assessment of external wall construction and cladding.