Fire Door Repairs: Terms and Conditions
AM Surveying & Block Management
Fire Doors Department
Terms and Conditions
When booking fire door repairs with us, please read these Terms and Conditions.
Your placing an order is an acceptance to our terms and conditions for the supply of fire door repairs/installation services to you and we ask you must read these Terms and Conditions to make sure your are appropriately acquainted with them, they form the basis of our contract with you. If you are not sure about something, phone us on 01732 220 598 or email us at firesdoors@amsbm.co.uk.
Introduction
AM Surveying & Block Management are specialist Block Management, Estate Management, Facilities Management, Building Surveying and General Maintenance service providers operating throughout the UK. AM Surveying & Block Management have been serving leasehold property owners for over 45 years.
AM Surveying & Block Management are regulated and registered members with:
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The Property Institute, https://www.tpi.org.uk/
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The Royal Institution of Chartered Surveyors, https://www.rics.org/
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The Property Ombudsman, https://www.tpos.co.uk/
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The Information Commissioners Office, https://ico.org.uk/
In compliance with requirements of The Building Safety Act 2022 and The Fire Safety Act 2021, for the repair and installation of fire doors AM Surveying & Block Management employ qualified, knowledgeable and competent fire door maintenance installers and operatives whom have received fire door training from https://ukfiredoortraining.com/ a training provider certified with FireQual a fire safety certification awarding organisation, https://www.firequal.com/.
Details of fire doors, including the details of fire doors owned by the Consumer, are obtained from routine fire door inspections conducted by AM Surveying & Block Management in capacity as the appointed Managing Agent of the building within which the Consumer’s property is located. Details of fire door inspections are used to prepare and present a quotation of fire door repairs to present to Consumers for their consideration and acceptance in their endeavours to achieve statutory compliance with laws relating to fire doors. Reasonable care is used to prepare accurate quotations. AM Surveying & Block Management provide Block Management Services to the blocks of Consumers and act in such capacity for the Freeholder/Residents Management Company/RTM Company in accordance with Managing Agent terms. The purpose of these Terms & Conditions is to set out the nature of a separate contractual relationship between AM Surveying & Block Management and a Consumer, in relation to the provision of fire door repairs/installation for the Consumer – separate to that of relating to Block Management services provided to the Freeholder/Residents Management Company/RTM Company.
It is the intention of AM Surveying & Block Management to provide join-up management and fire door maintenance solutions to Consumers and the intention of this fire door service is to make it easier for Consumers to achieve fire door compliance.
Application
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are AM Surveying Property Services Ltd whose trading name is AM Surveying & Block Management a company registered in England and Wales under number 06458260 whose registered office is at 42 New Road, Ditton, Aylesford, Kent, ME20 6AD with email address firedoors@amsbm.co.uk; telephone number 01732 220 598; (the Supplier or us or we).
2. These are the terms on which we sell our fire door repairs Services to you. By ordering fire door repairs/installation Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from us if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
3. Consumer means an individual or company usually being the owner of a leasehold property within the Block Management portfolio of AM Surveying & Block Management.
4. Contract means the legally-binding agreement between you and us for the supply of the Services;
5. Delivery Location usually means the Consumer’s leasehold property location – a flat within a building managed by AM Surveying & Block Management - at which the Supplier provides the Services as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means any goods or materials that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Consumer’s order for the Services from the Supplier as submitted following the step by step process set out on the Supplier’s quotation email;
9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
10. Services means the services advertised in our quotation supplied to the Consumer, including any Goods, of the number and description set out in the Order;
11. Website means our website www.amsbm.co.uk on which the Services are advertised.
Services
12. The description of the Services and any Goods is as set out in the quotation usually provided by email or other form of advertisement or communication. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
13. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
14. All Services which appear on the Website are subject to availability.
15. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Customer Responsibilities
16. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
17. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we may terminate the Contract with immediate effect on written notice to you although more usually will endeavour to fulfill our obligations in the performance of fire door repairs however we may not be able to do so as effectively as otherwise would be the case with your cooperation.
Personal Information
18. We retain and use all information strictly under the Privacy Policy.
19. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
20. The description of the Services and any Goods in our quotation does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although this is unusual and where this occurs we will usually to tell you the reason. If an Order is submitted including the payment for the Services and we reject your Order, we will usually offer a full refund.
21. The Order process is set out on the quotation sent to you and Website. It is your responsibility to check the information in your Order is correct and that you have used the ordering process correctly.
22. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
23. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 90 days from its date, unless we expressly withdraw it at an earlier time.
24. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
25. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer.
Fees and Payment
26. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the quotation at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
27. Fees and charges include VAT at the rate applicable at the time of the Order.
28. You are required to pay by BACS/debit/credit card and must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services. Payment is required in advance in order that we accept your Order and begin delivery of the Services.
Delivery
29. We will deliver the Services, including any Goods as part of the Services, to the Delivery Location by the time or within the agreed period or, failing any agreement: within a reasonable time the time of which will be emailed to you in an Order Confirmation. Delivery of the Services is usually within 14-30 days however in the cases of the supply of a replacement fire door Delivery may take longer to allow for the time of the supply of Goods.
30. The only circumstances we can reduce the Fees or charges following events either included or beyond our control which may cause a delay to Delivery of the Services will be by our agreement in writing. The amount of the reduction can, where appropriate in the case we agree to cancellation of the Services or we can no longer deliver the Services, the full amount of the Fees or charges may be refunded.
31. If we are unable to deliver the Services and Goods on a date previously given to you, and we agree we are no longer able to deliver the Services - you may treat the Contract at an end.
32. If we mutually agree to treat the Contract at an end, we shall within a reasonable period, usually within 14 days, return all payments made under the Contract.
33. If a Consumer has asked us to supply Goods specific to its requirements and later we mutually agree not to deliver the Services for any reason, a refund may exclude the cost of Goods supplied to meet your request for such Goods.
34. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
35. You agree we may deliver the Goods in multiple visits if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
36. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
37. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
39. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
40. You do not own the Goods until we have received payment in full, although usually we will have received payment before supplying any Goods. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and Cancellation
41. If you do not wish to engage into a Contract by placing an Order for Services in accordance with a quotation sent to you, the quotation sent to you is to be ignored or disregarded.
42. It is a legal requirement to ensure doors to the Delivery Location that are intended to be fire doors are such and are maintained to meet the standards of such and it is the Consumer’s responsibility to ensure this is the case.
43. There is no obligation to engage the Services from us and you do so willingly.
44. An Order is considered to have been placed by virtue of proceeding to book the Services and pay for the Services the payment of which is usually taken at the time of placing the booking.
45. A Contract is taken to have become formed between us and you at the time of placing and paying for an Order for the Services. Immediately upon receiving your Order we shall commence works to purchase materials to the specific specification of your Order. We may conduct pre-installation surveys to the Delivery Location for the purpose of conducting the Services to a reasonable standard of skill and care.
46. We agree the Services are to be considered the carrying out of essential and urgent maintenance – being those of potentially a life saving nature such is the intended design and purpose of fire doors.
Right to Cancel
43. We are unable to offer a cooling off period and it is to agreed that, upon an Order being placed, there is no automatic right to a cooling off period by the Consumer. The Services of the Order are urgent maintenance works and we shall usually immediately purchase materials and Goods for purposes of fulfilling the Order.
44. There is no automatic right to cancel, before placing and paying for an Order please be sure you want to proceed with the Services.
45. Should you wish to cancel the Services please write to us via firedoors@amsbm.co.uk as soon as possible. If it is possible to provide you a refund in event we have not yet taken any action to fulfil your Order we may be able to do so. Where we agree to provide a refund we would usually process such within 14 days.
46. Should you wish to cancel, we agree it is our endeavour to be reasonable in our engagements with you and to establish circumstances leading to a possible cancellation such to reasonably arrive to a decision of whether we can cancel the Services and provide a full refund.
Commencement of Services after Request for Cancellation
48. If we have commenced the Services including but not limited to; engaging with you on dates to book the Services, placing and purchasing Goods, securing booking dates to carry out the Services – it may not be possible to provide a full refund however usually a refund shall be provided less the cost of Goods.
Payment for Services Rendered Prior to Cancellation
50. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract and shall be calculated on a reasonable basis.
Timing of Reimbursement
52. If we have agreed to a cancellation and refund as set out above, we will usually make a refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
Conformity and Guarantee
57. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
58. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for the particular purpose for which they are designed,
c. conform to their description.
59. It is not a failure to conform if the failure has its origin in your materials.
60. We will supply the Services with reasonable skill and care.
61. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and scope of the guarantee, are set out in the manufacturer's guarantee supplied with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
62. We will support Consumers with reasonable questions in relation to compliance with fire door regulations and how the works provided will meet compliance with such or if not, how such can be achieved. Further, reasonable general questions about fire door inspections and fire door repairs conducted by AM Surveying & Block Management can be handled.
63. Upon completion of the Services an adhesive sticker – a Certified Fire Door sticker/label will be placed to a discrete location on the door for the purpose of identifying the door as compliant with fire door regulations.
64. Within a reasonable time after completion of the Services, usually within 1-10 working days, a Fire Door Certificate of Compliance will be provided to the Consumer for purposes of providing a guarantee of acknowledgement of compliance that the door is a fire door for purposes of fire door laws. The Fire Door Certificate of Compliance will have the Consumer name, fire door unique reference number, the Delivery Location and date certificate is awarded and should be kept as reference by the Consumer.
65. It is acknowledged that the fire door Services provided to the Consumer guarantees acknowledgement of the Consumer’s fire door(s) as compliant with fire door regulations and this compliance shall remain all the while the door remains in good usual serviceable condition – however this guarantee may be withdrawn in such cases of damage by third parties or wear and tear which may compromise the fire certification of the door which may breach the fire resisting qualities of the door.
Duration, Termination and Suspension
64. The Contract continues as long as it takes us to perform the Services.
65. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
66. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and Our Sub-Contractors
67. Either party may only transfer the benefit of this Contract to someone else with the other party’s agreement in writing, and those duly assigned will become liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances Beyond the Control of Either Party
68. In the event of any failure by a party because of something beyond its reasonable control, for example a delay in the supply of Goods required by the Supplier:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below).
Privacy
69. Your privacy is important to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
70. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy (https://www.amsbm.co.uk).
71. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. 'GDPR' means the UK General Data Protection Regulation.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
72. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
73. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
74. For any enquiries or complaints regarding data privacy, you can e-mail: enquiries@amsbm.co.uk.
Excluding Liability
75. We are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer.
Governing Law, Jurisdiction and Complaints
76. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
77. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
78. We try to avoid any dispute and we shall always endeavour to work with Consumers in a professional way and to resolve differences. If this has not been possible and you have a complaint; AM Surveying & Block Management are registered for complaints handling with The Property Ombudsman (TPI) and a copy of a Formal Complaints Handling Procedure can be requested.
