Terms and Conditions
Border Testing Terms and Conditions
Revised November 2025
1. Definitions and Interpretation
1.1 The following definitions apply in these Terms and Conditions:
- “Business Day” means Monday to Friday, excluding bank or public holidays.
- “Certificate” means the document certifying that the equipment has passed the Relevant Standards.
- “Conditions” means these terms and conditions as amended from time to time.
- “Customer” means any individual, business, organisation, company, partnership, trust, or other body that enters into a contract with Border Testing for the provision of Services.
- “Equipment” means any equipment that is to be tested by Border Testing pursuant to these Conditions.
- “Failed Equipment” means Equipment which fails to meet the Relevant Standards.
- “Border Testing” means Border Testing, a sole trading business operated by R Hodgkins of 126A Greystone Road, Carlisle, CA1 2DD.
- “Normal Working Hours” means 8:30 am to 4:30 pm Monday to Friday, excluding bank or public holidays.
- “Order” means the Customer’s order for Services as set out in the Customer’s written acceptance of the Quotation.
- “Price” means the cost of the Services set out in the Confirmation of Order.
- “Quotation” means an estimate of the cost for providing the Services.
- “Relevant Standards” means those commonly accepted practices and standards in health and safety testing, and all relevant laws and regulations in force when the Services are carried out.
- “Services” means the services supplied by Border Testing to the Customer as set out in the Confirmation of Order.
- “Site” means the premises where the Services will be performed as detailed in the Confirmation of Order.
1.2 Any reference to a statute or statutory provision includes any amendments or re‑enactments in force at the time.
1.3 Words in the singular include the plural and vice versa; references to one gender include all genders.
1.4 Headings are for convenience only and do not affect the interpretation of these Conditions.
1.5 References to “Border Testing” include its authorised representatives, employees, contractors, and agents.
1.6 A reference to a party includes its successors or permitted assigns.
2. Quotations
2.1 Any quotation given by Border Testing shall not constitute an offer and is valid for 30 days from the stated date.
2.2 Quotations may not cover all costs; additional items or repairs can be added to the final invoice.
2.3 Border Testing reserves the right to withdraw or amend a quotation at any time.
3. Services
3.1 Border Testing will provide the Services during Normal Working Hours at times agreed with the Customer.
3.2 All completion dates are estimates only; time is not of the essence.
3.3 Services will be carried out at the Site and on the Equipment agreed with the Customer.
3.4 Border Testing may make changes to the Services to comply with legal or safety requirements, or minor variations that do not affect quality or nature of the Services.
4. Service Limitations
4.1 Equipment tested and passing the Relevant Standards complies only at the time of testing. After testing, responsibility for continued safety rests with the Customer.
4.2 While Border Testing endeavours to reconnect items before leaving site, it accepts no liability for any items left unplugged or switched off.
4.3 Border Testing will notify the Customer of any Failed Equipment. Responsibility for immediately withdrawing such equipment from use passes to the Customer.
4.4 Any repaired failed equipment should be retested by Border Testing before being returned to service.
4.5 Border Testing does not undertake to repair, maintain, replace, prepare, or dispose of Equipment, or pay any related costs.
4.6 Border Testing may recommend replacement or additional equipment to ensure compliance. Where supplied, these items will be charged at current prices.
4.7 Repairs within scope include plug and fuse replacements per IEE guidance: standard fuses supplied free (max 5), first 3 BS1363 13A plugs free, additional plugs £2.50 each. 110 V/230 V Commando plug repairs and other replacement parts quoted separately.
4.8 Prices are based on standard procedures; client requests for additional data, labels, or non‑standard methods may incur extra charges.
5. Cancellation
5.1 No variation of an Order by the Customer is valid without written consent from Border Testing.
5.2 Border Testing may cancel:
- (a) On written notice any time up to 48 hours before scheduled Services; or
- (b) Immediately if the Customer fails to make due payment.
5.3 The Customer may cancel by giving at least 2 working days’ written notice (email accepted). Cancellations with less than 2 days’ notice, or where access is denied on the service date, may incur a fee of £150 + VAT (or the lower of this or the quoted amount). Border Testing may waive this if services are rebooked.
6. Price and Payment
6.1 Prices exclude VAT and other applicable taxes unless stated.
6.2 Work outside Normal Working Hours may incur additional charges.
6.3 Invoices will be issued on completion of the Services.
6.4 Time charges for waiting (£1 per minute) may apply if Border Testing is delayed by the Customer.
6.5 Payment is due within 14 days of invoice (commercial) or on receipt (domestic).
6.6 Time for payment is of the essence.
6.7 Payments are deemed received only when cleared in full in pounds sterling.
6.8 Certificates will be issued within five Business Days of full payment.
6.9 All sums become due immediately upon contract termination or cancellation.
6.10 Payments must be made in full without set‑off or deduction unless agreed in writing.
6.11 Late payments may incur interest under the Late Payment of Commercial Debts (Interest) Act 1998, accruing daily.
6.12 Reasonable administrative, legal, or collection costs will also be recoverable on overdue accounts.
7. Customer Obligations
7.1 The Customer shall provide Border Testing with:
• full and convenient access to the Site and Equipment, and
• necessary utilities (including mains power).
7.2 The Customer shall maintain suitable public liability insurance and co‑operate fully during testing.
7.3 Border Testing may perform a Site and risk assessment; if conditions are deemed unsafe or unsuitable, work may be suspended or cancelled. If the Customer requests a copy of the risk assessment, a £250 charge applies.
8. Acceptance of Services
8.1 After completion, Border Testing will issue a report of inspection, testing, and recommendations (“the Report”).
8.2 Signing or failing to dispute the Report within 14 days constitutes acceptance of the Services.
9. Limitation of Liability
9.1 This clause sets out the entire liability of Border Testing (including negligence) under the Contract.
9.2 Nothing excludes or limits Border Testing’s liability for:
• death or personal injury caused by its negligence, or
• fraud or fraudulent misrepresentation.
9.3 Subject to 9.2, total liability shall not exceed £50,000 or 200% of the contract value, whichever is lower.
9.4 Border Testing is not liable for economic loss, business interruption, loss of profits, or consequential damages.
9.5 Except as stated, all implied warranties and conditions are excluded to the fullest extent permitted by law.
9.6 This clause survives termination.
10. Variation
No variation is valid unless agreed in writing by authorised representatives of both parties.
11. Assignment
11.1 Border Testing may assign its rights or obligations under this Contract.
11.2 Customers may not assign without prior written consent.
12. Force Majeure
Border Testing is not liable for delays or failure to perform due to circumstances beyond its control, including natural disasters, war, terrorism, fire, flood, strikes, or utility failures.
13. Delays Other Than Force Majeure
Border Testing shall not be liable for delays caused by:
• late delivery of parts or equipment;
• other trades or contractors on site;
• lack of access;
• site not being prepared as agreed; or similar events.
14. Severability
If any clause is found invalid or unenforceable, the remainder shall continue in full effect.
15. Waiver
Failure or delay by Border Testing to enforce any clause is not a waiver of that right.
16. Third Parties
No person other than the parties has rights under or in connection with this Contract.
17. Law and Jurisdiction
This Contract is governed by the laws of England and Wales. Both parties submit to the exclusive jurisdiction of the English courts.
18. Alternative Dispute Resolution
18.1 Senior representatives shall meet within 14 days of a written request to resolve disputes.
18.2 If unresolved, parties will attempt mediation under the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure.
18.3 Mediation does not preclude court action.
19. Notices
19.1 All notices must be in writing and delivered by hand or first‑class post to the addresses notified by each party.
19.2 Delivery is deemed:
• two Business Days after posting (1st class); or
• on the date of hand delivery.
20. Entire Agreement
20.1 These Conditions and the Contract constitute the entire agreement between Border Testing and the Customer.
20.2 Any previous statements or representations not confirmed in writing are superseded by these Conditions.