Terms and Conditions
Supply of Services Between ATSPACE Ltd (The Company) and The Client
1. Definitions
1.1. The Company shall mean ATSPACE Ltd and, where the context permits, its employees, agents, or subcontractors.
The Client shall mean any person, firm, or corporate body that instructs or is co-sponsor with The Company to carry out test investigations, research, or similar work.
Equipment shall mean plant, machinery, or other devices of any kind in respect of which The Company undertakes to carry out tests, make investigations, or issue reports, certificates, information, or advice.
2. General Terms
2.1. All research, testing, services, or projects of any kind (hereinafter referred to as The Project) carried out by ATSPACE Ltd (ATSPACE) are subject to the following terms and conditions. Acceptance of any proposal or placement of an order by a client shall be deemed acceptance of these terms to the exclusion of any other terms.
2.2. These conditions apply to all work undertaken by The Company for the client. No additions or variations shall apply unless agreed in writing. If the client acts as an agent on behalf of a principal, obligations may transfer to the principal if agreed in writing prior to instructions being given.
2.3. If ATSPACE must postpone a scheduled service due to unforeseen circumstances such as sickness or vehicle breakdown, ATSPACE reserves the right to reschedule the service within 5 working days. The client will be notified as soon as possible.
3. Quotations and Orders
3.1 Quotations
Any quotation issued by ATSPACE does not constitute an offer. ATSPACE reserves the right to withdraw or revise quotations prior to accepting an order. Prices exclude duties, taxes, and additional costs caused by delays or additional work resulting from the client.
3.2 Taxes and VAT
Prices are exclusive of duties, taxes, export or import duties relating to the project. VAT will be charged at 20% unless the client provides appropriate HMRC documentation confirming zero-rating or an alternative rate.
3.3 Payment Terms
- Full payment on order: Unless agreed otherwise in writing, full payment is required when the order is placed.
- Credit accounts: Clients with an approved credit account will be invoiced on or after delivery of services.
- 30-day payment: Invoices must be paid within 30 days unless other written terms apply.
- Withholding reports: ATSPACE may withhold reports or certificates until payment is received.
- Receipts: Payment receipts will be issued upon request.
- Late payment charges: Interest may be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 at 8% above the Bank of England base rate plus a £75 + VAT administration fee per letter issued.
- Debt collection: Invoices unpaid 90 days after the due date may be referred to debt collection agents and their charges added to the invoice.
3.4 Price Adjustments
If work is delayed beyond 90 days due to circumstances outside ATSPACE’s control, ATSPACE may adjust pricing to reflect economic conditions. Clients will be notified and may accept the new price or cancel with a full refund.
3.5 Cancellation Fees
Once services are commissioned, refunds may not be issued. Cancellations or changes made less than 2 full working days before the scheduled test date will incur a 100% cancellation fee.
4. Liability and Risk
4.1. ATSPACE will exercise reasonable skill, care, and diligence in its work but shall not be liable for loss or damage arising from the use of reports, certificates, or advice issued.
4.2. ATSPACE shall not be liable for loss or expenses caused by delays in testing, investigations, consultancy, or issuing reports.
4.3. Liability for loss or damage to equipment on company premises due to fire, theft, or accident is limited to £100 or the cost of manufacturing the equipment if less than £200.
4.4. ATSPACE shall not be liable for damage to equipment arising from testing or consultancy activities, nor for errors resulting from the client’s failure to properly identify equipment.
5. Work at the Client’s Property
ATSPACE will take reasonable care while working on the client’s premises, but all associated risks remain with the client. The client grants full permission for testing and data collection. ATSPACE may refuse to continue work if the property is deemed unsafe, and cancellation charges may apply.
6. Intellectual Property and Confidentiality
6.1. Work created during the project remains the property of ATSPACE until all client obligations are fulfilled. The client must keep such work confidential unless written permission is granted.
6.2. Reports or certificates may not be used in legal or arbitration proceedings without consent from ATSPACE except where required by law. Reports may not be published except in full without written permission.
7. Data Security
ATSPACE will comply with the Data Protection Act 1998 and similar legislation. Personal data will only be processed for communication between the company and the client.
8. Indemnity
The client agrees to indemnify ATSPACE against third-party claims arising from the client’s breach of contract or negligence.
9. Dispute Resolution
Any dispute arising from these conditions shall be referred to arbitration by a mutually agreed arbitrator or one nominated by the President of the Institute of Arbitrators in accordance with the Arbitration Act 1950 and English law.
10. Additional Provisions
- Charges shall follow the quotation provided to the client.
- Quotations remain valid for 60 days unless otherwise stated.
- Testing follows British Standards or other recognised standards where applicable.
- Clients must follow job readiness checklists provided by ATSPACE.
- Cancellations within 48 hours may incur a 100% fee.
- Quotations assume work during normal site hours (08:00–17:00 Monday–Friday).
- ATSPACE is not responsible for paint or finish damage during testing.
- Clients must reimburse parking fees or expenses incurred by ATSPACE staff.
- Additional costs from delays or access issues may be charged.
- If testing fails and schedules end early, full allocated time may still be charged.
- Incorrect client information causing delays may incur additional costs.
- Clients must be present during the testing window or revisit fees may apply.
- Sites must be prepared according to readiness checklists.
11. Termination
ATSPACE may terminate the contract if:
- A conflict of interest prevents acting for the client
- The client fails to settle invoices according to agreed terms
By instructing ATSPACE, the client agrees that communication may be conducted via email.
12. Liability Limitations
12.1. Except for death or personal injury caused by negligence, ATSPACE’s liability shall not exceed £5,000,000.
12.2. Neither party shall be liable for indirect or consequential losses including loss of profit, turnover, business, or goodwill.