Ver.: Q122-03

1- DEFINITIONS

1.1 For the purpose of these terms and conditions the following words shall have the following meanings:

1.2 ‘Company’ shall mean ‘EMF EXPERT’ or ‘EMFE’ only.

1.3 ‘Customer’ shall mean the person or organization for whom the Company agrees to carry out services, works and/or supply products and materials either physical or digital.

1.4 ‘Engineer’ shall mean the employee or representative of the Company, perhaps a Sub-Contractor performing the work for the Customer.

1.5 ‘Sub-Contractor’ shall mean a non-employee worker that may come to work under the Company’s instructions and its name.

1.6 ‘EMF’ shall mean Electrical Magnetic Field.

1.7 ‘EMR’ shall mean Electrical Magnetic Radiation.

1.8 ‘Shield’ or ‘Shielding’ shall refer to means of protection and blocking electrical magnetic field radiation.

2 – ESTIMATE AND INVOICE PERIOD OF ACCEPTANCE

2.1 Unless otherwise expressly agreed in writing by both parties, an estimate or an invoice remains open for acceptance and payment for 45 working days unless previously withdrawn. Thereafter it is subject to confirmation or adjustments by the Company.

2.2 The Company reserves the right to change estimates for any adjustment that it feels necessary during the acceptance period.

3 – BASIS OF ESTIMATES, INVOICES AND WORK

3.1 Invoices following estimates may have different costs due to last moment adjustments, additional costs of extra work or materials/products added to the order, or due to other additional price changes not foreseen by the Company.

3.2 Estimate and invoice prices are arranged in a fixed value or based on the work being undertaken during the Company’s normal working hours from 10am to 4pm Monday to Friday and exclude Bank or Statutory National holiday working. Where overtime is worked at the request of the Customer, the Company is to be reimbursed for all extra costs involved as a result thereof, unless it is agreed with the Company for otherwise.

3.3 Where the Customer requires additional works and/or variation from the works described in the estimate and eventually the invoice, such works shall be subject to a separate writing agreement between the Customer and the Company before the work is carried out. Where additional works and variations cannot be accurately assessed by the Company, and are urgently required or where no written request for a new estimate and invoice is made by the Customer to the Company before the works proceed, then the additional works shall be charged at the Company’s standard day work fee on a time and material basis.

3.4 Whilst reasonable care will be taken, estimates and invoices do not include the cost of the following: incidental redecoration or other works consequent upon the proper execution of the work and specifically exclude:

(a) Replacement or repair of damaged building structure, ceiling, walls, drywall, plaster, floor, loft beams, roof tiles, floor tiles, windows, doors, broken window, door glass, skylight glass, bathroom furniture, or any other building component that turns out to be damaged, or has been damaged and is not related in any way with the Company works, its employees or sub-Contractors prior, during and after the works.
(b) Work by other trades, any statutory fees, or charges for work done by supply authority or local authority.
(c) Electrical supply for temporary lighting, power for/during testing.
(d) Replacement of failed lamps.
(e) Value Added Tax.

4 – CONTRACT AGREEMENT

4.1 Where Customers agree to carry out the works presented in an estimate, an invoice and a formal Service Contract for the job will be issued under these terms and conditions of service. The Service Contract needs to be agreed in writing prior to the beginning of the works.

5 – TERMS OF PAYMENT

5.1 The Company standard day rate wage shall not be less than £250 pounds for each individual laborer involved in the work, and materials shall be charged at cost plus 25% to cover Company’s operational costs.

5.2 The Company’s daily rate shall apply whenever works are carried out outside existing Contracts and unplanned where the Company doesn’t have any other writing agreement in place.

5.3 Fixed price work shall be given as a firm cost with an invoice issued by the Company for a project, that includes labor services and materials/products for the works. All costs are plus VAT when required by law at the prevailing rate.

5.4 Payments for open invoices should be made in accordance with the project’s Contractual regime.

5.5 The Customer will be responsible for any administrative and legal costs involved in the recovery of any unpaid invoice balances after the invoice deadline. Failure by the Customer to make payment after the invoice deadline, shall also entitle and permitted to the Company to access to the property wherein the works have been carried out, so the Company can remove at the Customer’s cost all materials and goods installed or provided during the works with the intent to recover part of the unpaid balances. The access to the property should be coordinated with local law enforcement if necessary.

6 – APPOINTMENTS

6.1 Where the date and/or time for works to be carried out is agreed by the Company with the Customer or set in the Company’s online automated system, then the Company shall use its reasonable endeavors to ensure that the Engineer shall attend on the date and at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance on site of the Engineer or for the late or non-delivery of materials.

6.2 The bookings or appointments cancellations have to be made with a minimal notice of 12 hours before set appointment, failure to do so reserves the right to not-refund Customer’s order payment.

6.3 The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control. Furthermore, the Company shall be entitled to a reasonable extension of the time for performing such obligations.

6.4 Customers should allow the Company and its sub-Contractors at least one extra hour of delay and arrival period for a booked appointment, due to road traffic delays but not limited to it.

6.5 Service appointments or inspections should be pre-booked and pre-paid at the EMFE service website using the automated booking system on the date and time chosen by the Customer. Services that will require additional time to be completed, or services that need to be extended, should be arranged and scheduled in a common agreement between the Company and the Customer.

6.6 A pre-paid service schedule can be cancelled using either the automated system or by email request with the Company.

7 – COMPLETION & EXTENSION OF TIME

7.1 The Company shall endeavor to carry out the work within the period estimated in the Contract to do so, or if no period is stipulated, within a reasonable time, but shall not be held responsible for any loss or damage arising out of delay due to any cause beyond the Company’s control. If the progress of the works is delayed and/or disrupted due to unforeseen events or any cause beyond the Company’s control, then the Company shall be granted an extension of time in a schedule agreed with the Customer to complete the job, providing that the Company shall use its best endeavors to minimize such delay.

8 – INSURANCE AND LIABILITIES

8.1 The Company and its Sub-Contractors shall maintain employers’ liability and public liability insurance and shall indemnify the Customer against any claim in respect of accidental death or bodily injury and accidental loss of or damage to property caused by or through the fault or negligence of the Company staff, for which the Company could be held legally liable in the absence of this condition within the period of guarantee.

8.2 The Customer should inform in writing the Company of any unsatisfactory works with reasonable justifications and details for it. The Company will attempt to remediate, correct or make it satisfactory to the Customer any work under complains, with the best of its abilities and resources.

8.3 The Customer should allow the Company and its insurers the opportunity of both inspect unsatisfactory works and to carry out any necessary remedial works if necessary. The Customer accepts that if he fails to notify the Company as stated in this clause and hires a third party to carry out the remedial works, then the Company shall not be liable or charged for any extra costs that this may incur.

8.4 The Company’s responsibility to the Customer is limited to the fulfillment of the Contract in a proper and workmanlike manner and the Company shall not be liable for any consequential loss or damage arising out of the execution of the Contract, unless due to the negligence of a Company Engineer or Sub-Contractor.

8.5 The Company shall not be liable for any wear and tear, loss or damage, direct or indirect, nor for any extra work entailed due to the apparatus being put into operation by the Customer or by the Company engineer, employee or sub-Contractor, at the Customer’s request before it is handed over for beneficial use.

8.6 The Company shall not be held liable or responsible for any damage or defect resulting from work not covered fully under the guarantee or where recommended work has not been carried out.

8.7 The Company will take responsible care but accepts no liability for damage to furniture or other fixtures, fittings which have to be moved by the Company or its workmen in order to carry out the Contracted works. Without prejudice to this the Company will maintain adequate public liability insurance cover for at least the duration of the Contract.

8.8 The Customer should be aware that all areas where the work and EMF Shielding will be carried out, walls, floors and ceilings may have marks or changes, that may be required to be redecorated, in which case the Company shall not be responsible for it, an example of that is areas that require EMF blocking black paint, that maybe required to be wallpapered afterwards. The Company however commits to carry on the work with its best capabilities to avoid any unintended damages to the property, and most importantly to inform the Customer of the possibility of changes, unintended damages or changes prior to carrying on the works.

9 – GUARANTEES

9.1 The Company offers 12 months guarantee for all the Shielding labor done by its employees or sub-Contractors for the job, although the Company does not guarantee the EMF blocking materials/products performance used for the Shielding themselves that have specifically measured performance in each particular moment in time.

9.2 The Company also provides 12 months guarantee of replacement like-for-like or similar for any EMF material installed that is found to be defective and therefore not able to perform accordingly with the manufacturer’s specifications and installed by the Company.

9.3 The Company does not offer performance guarantee for any of the EMF Shielding materials used and installed in Shielding work performed by the Company that fall outside of the manufacturer’s-controlled conditions of performance. EMF Shielding materials have a fixed set of manufacturer’s specifications for performance in controlled conditions. The measured performance for a particular EMF Shield material in the field will vary in time and place and will reflect the amount of radiation being Shielded at the particular moment in time where it is installed. The EMR intensity and number of EMF sources in different times can change, therefore the perceived measurable performance of the EMF Shielding materials varies in time with the environment which the Company cannot guarantee. Never the less, the EMF Shielding material physical properties do not change with time, the materials are stable and have the same Shielding abilities as when they were manufactured unless they are damaged or purposely changed.

9.4 The Guarantee will become null and void if the work completed or EMF Shielding material/product supplied by the Company is:

(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered with by anyone other than a Company operative.
(c) Used for a different purpose for what it was intended to, or moved to a location that it was not intended to work at.

9.5 The Company will not guarantee sustainability, or accept no liability for consequential damage claim, or for faults generated by any materials supplied by the Customer and requested to be used in the job, in conjunction or not with the Company’s supplied materials.

9.6 The Company will not guarantee any work undertaken on instruction from the Customer and against the written or verbal advice of the Company’s engineer, employee or sub-Contractor.

9.7 Work is guaranteed only in respect of work directly undertaken by the Company and where payment in full has been made.

9.8 Any non-related faults arising from recommended work which has not been undertaken by the Company will not be covered under the guarantee.

9.9 Work will not carry the guarantee where the Customer has been notified by the engineer employee or sub-Contractor either verbally or in writing of any other related work which requires attention.

9.10 The repair or replacement of any faulty work or materials shall only be carried out by the Company, his engineers, employees or sub-Contractors; otherwise, the Company’s guarantees as to repair or replacement shall not apply.

10 – EMF INSPECTION REPORTS AND REPORT RECOMMENDATIONS

10.1 EMFE offers inspections, for domestic and for commercial Customers. After the inspection is carried out, the Company issues an inspection report for the electrical magnetic field inspection performed. The report will qualify the property inspected within different levels of safety designed to inform Customers of the perceived radiation level risks encountered by the Company and supported by scientific data. The property EMF average score is based on the data collected and averages calculated, and the final report property score is calculated by a proprietary algorithm which reflects the different area averages with other specifications and conditions.

10.2 Inspections should be pre-booked and paid for on the Company’s service website prior the inspection date. The inspections should be booked using the service website automated booking system, on a day and time slot of the Customer’s choice. Inspections can be cancelled and rescheduled 12h prior to the bookings. However, the Company reserves the right to not refund inspections that are not cancelled prior to 12h of the booked day and time scheduled. Any other arrangement should be agreed and recognized by the Company.

10.3 When inspections or Shielding works are carried out, the following criteria apply and are included:

(a) The Customer will ensure that all furniture and any other obstruction to the works will be dealt with accordantly before the EMF inspection or Shielding work begins to ensure access to the Company’s staff to carry out the work.
(b) The inspection cost is flat for all Customers within its category, and assumes that access to the property, area or business facility is available as well as electrical power where necessary for lighting and/or other possible tests.
(c) It includes the measuring of EMF radiation with professional measuring equipment in different areas of the property, and it will be carried out during 1h-2hs slots for domestic users and 1h-4hs slots for commercial users.
(d) Inspections will be recorded in a tailored report that will be presented to Customers in a PDF format.
(e) The Company will issue reports as soon as possible, or within 1-4 weeks period from the inspection day.
(f) Inspection reports will include measured data, scoring under EMFE safe levels and recommendations, among other technical data related to EMF and supporting subjects.

10.4 EMFE does not guarantee that any level of radiation measured and recorded is final and absolute, meaning that any particular measurement is to be seen as a sample value, a ‘snap-shot’ that may be included in an average for each particular place in time and eventually scored.

10.5 EMFE radiation levels for inspections, follow the evaluation guidelines of the Institute of Building Biology and Sustainability in Germany loosely, for reference please check the English version of the Building Biology evaluation guidelines at the web address: (https://buildingbiology.com/site/downloads/richtwerte-2015-englisch.pdf). EMFE qualifies the radiation measured data averages, under its own evaluation guidelines safety levels, which is a practical version of the Building Biology guidance. EMFE evaluation guidelines should be seen as ‘guidance’ only and it is a representation of the data collected during the inspection and qualified under the safety levels with the purpose of inform Customers of the approximate EMR levels found in the inspected areas or premises.

10.6 Recommendations should be seen as ways of mitigating the EMR recorded on the report. EMFE does not guarantee the complete elimination of measured EMF in any particular area, as EMF is an elusive difficulty to get rid of and difficult to Shield energy. Furthermore, EMF and EMR levels can change at any time for unknown reasons which are out of the control of EMFE.

10.7 Any Shielding techniques, method, Shielding material, or other recommended solutions to mitigate EMR recorded in the report, should be seen as a ‘possible’ way to deter and mitigate the recorded radiation during the inspection, and Customers should apply the recommended techniques at their own risk. Any Shielding material recommended to Customers during the inspection and bought from the Company, should be seen as products that can be returned, only if they are not used or installed. Any material installed or that requires changes and customization should be considered used, and therefore not qualified to be returned.

10.8 Where necessary and arranged, the Company will perform a post-work EMF inspection to verify the EMF levels after a Shielding work is done and to make sure the Shielding is working accordingly.

11 – DISPUTES AND ARBITRATION

11.1 Without prejudice to the legal rights of either party, any dispute between the Company and the Customer, arising out of or relevant to the Contract, may be referred to arbitration and final decision of a person to be agreed between the parties or, failing agreement within seven days after either party has given a written request to the other to concur in the appointment of an impartial and independent arbitrator, a person to be appointed on the request of either party, but with the agreement of both parties, or by a legal authority.

12 – DATA PROTECTION AND INFORMATION PRIVACY

12.1 The Company will ensure the data protection of all Customer’s personal information, including its financial details which will be deleted from the Company’s files once an existing project Contract between the Company and the Customer is completed. Personal financial details however may be kept longer in case an invoice for a considered by the Company completed project, carries outstanding balances.

12.2 The Company may use of the Customer’s name, Customer’s written review of service, and/or project details like before/after situations, for marketing purposes including case scenario situations or as a published customer review, only if the Customer consent for the Company to do so.

13 – HEALTH AND SAFETY

13.1 The Company will ensure all the health and safety measures to carry on the work from the Company’s perspective are taken care of. The health and safety measures for the site where the project is expected to undergo, should be dealt with and managed by the owner, manager and/or builders for the project, if the Company finds the site unsafe in any way, the Company works may not commence until appropriate health and safety solutions are taken. The Customer is expected to follow the recommendation for the health and safety for the site when necessary.

13.2 It is the policy of our Company to recognize our responsibilities as an employer to prevent injury and ensure a healthy and safe working environment for all our employees. We also accept out statutory duty to conduct our undertaking in such a way so as to ensure that persons not in our employment, who may be affected by our working activities, are not exposed to risk to their health and safety.

13.3 Our staff have the overall responsibility for the health, safety and welfare, and will ensure that the policy is properly implemented, monitored and periodically reviewed, in accordance with all statutory provisions. As an organization, we will take all reasonably practical steps to meet these responsibilities paying particular attention to the provisions and maintenance of:

(a) Safe place of work and access.
(b) A health working environment.
(c) Plant, equipment and systems of work.
(d) Safe arrangements for their use.
(e) Sufficient information, instruction, training and supervision.
(f) Adequate facilities for welfare at work.
(g) Protective clothing and equipment.
(h) Employee and Sub-Contractor Responsibilities.

13.4 It is the duty of every employee or sub-Contractor whilst at work to and failure to observe these duties may lead to disciplinary actions against company’s employee or sub-Contractor:

(a) Take care of both their own health and safety and the health and safety of others who may be affected or influenced by their actions
(b) Co-operate with the organisation in fulfilling our legal and moral obligations

14 – GENERAL

14.1 The Company reserves the right to refuse or decline work at its own discretion.

14.2 Where the Company agrees to carry out works for the Customer, those works shall be undertaken using an engineer, employee or sub-Contractor, of the Company’s choice at its sole discretion.

14.3 These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorized representative of both the Company and the Customer. Further, these terms and conditions shall prevail over any terms and conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contact with the Company the Customer agrees irrevocably to waive the application of any such terms and conditions.

14.4 The Company shall only be liable for rectifying works completed by the Company and shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time.

14.5 The Customer should be aware of the disruption that may be generated in the property during the works, specially related to noise, dust, rubble and its removal if necessary, and so arrange systems to remediate such disruptions. The final removal of the building rubble is the Customer’s responsibility, the Company will be responsible for its own electrical, EMF Shielding equipment waste disposal different than the building waste if any building work is done.

14.6 These terms and conditions and all Contracts awarded between the Company and Customer shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the law of the Country.

EMFETM
EMF EXPERT LTD

Registered number:
Co. no: 13841730
CONTACT INFORMATION:
info@emfexpert.co
WEBSITES:
RESOURCES AND COMPANY INFO:
emfexpert.co
UK SERVICES: emfexpert.co.uk
ONLINE SHOP: emfe.co