Terms of Business

Acuity Inspections

A trading name of Nest Assured Inspections Ltd (Company Registration No. 17172113)

Terms of Business

June 2026

Terms Of Business

1. Contractual Basis & Scope

1.1

These Terms, together with any accompanying Fee Proposal, Service Letter or written instruction, form the Contract between Nest Assured Inspections Ltd trading as Acuity Inspections (“the Consultant”) and the Client.

1.1A

Acuity Inspections is a trading name of Nest Assured Inspections Ltd, a company registered in England and Wales under company number 17172113. All contracts entered under the Acuity Inspections name are contracts with Nest Assured Inspections Ltd.

1.2

The Consultant provides technical services including Quality Assurance Inspections, Snagging Inspections, End of Defects Liability Monitoring, Site Observation Reporting and related consultancy services as specifically agreed in writing.

1.3

These Terms apply to the exclusion of any other terms the Client may seek to impose. No amendment shall be binding unless agreed in writing by a Director of Nest Assured Inspections Ltd.

2. Professional Standard & General Obligations

2.1

The Consultant shall perform the Services with the reasonable skill, care and diligence expected of an appropriately qualified and experienced construction consultant.

2.2

The Consultant may rely upon information, drawings, specifications, programmes and data supplied by the Client or third parties as being accurate and complete unless expressly notified otherwise.

2.3

The Client shall provide safe access to the site, all relevant project information, and reasonable cooperation necessary for delivery of the Services.

2.4

The Services comprise periodic inspections, observations and reporting only unless otherwise expressly agreed in writing.

2.5

The Consultant does not supervise, direct, control or manage contractors, labour, construction operations, sequencing, programme, methods of work, temporary works, or health and safety compliance.

2.6

Inspections are non-invasive visual inspections only unless otherwise agreed. Hidden, covered, inaccessible or latent defects may not be identified.

2.7

Nothing within the Services or any report issued by the Consultant shall relieve contractors, designers, subcontractors or other dutyholders of their own contractual or statutory responsibilities.

3. Building Safety & Specialist Risks

3.1

Unless expressly agreed in writing, the Consultant does not undertake the role of Principal Designer, Principal Contractor, Accountable Person, Building Safety Manager, Contract Administrator, or any statutory dutyholder under the Building Safety Act 2022, CDM Regulations 2015 or related legislation.

3.2

The Consultant is not a licensed asbestos consultant. Any observations relating to asbestos works are limited to reviewing visible completion status or documentation provided by others and do not constitute certification or approval of asbestos remediation works.

3.3

The Consultant does not provide specialist fire engineering, façade engineering, EWS1, cladding certification or intrusive fire safety investigations unless expressly agreed in writing.

4. Limitation of Liability

4.1

You agree that the Consultant’s total cumulative liability, whether arising from breach of contract, negligence, breach of professional duty or otherwise in connection with the Services, shall not exceed the lesser of £5,000,000 or an amount equal to twenty (20) times the total fees payable to the Consultant under the relevant Contract.

4.2

In respect of any claim arising from or connected with matters relating to fire safety, cladding, façade systems or external wall construction, the Consultant’s total cumulative liability shall not exceed the lesser of £250,000 or an amount equal to ten (10) times the total fees payable under the relevant Contract.

4.3

The Client agrees that any claim arising from the Services shall be brought only against Nest Assured Inspections Ltd and not personally against any director, employee or consultant.

4.4

Where specialist remedial or installation works are undertaken by others, the Consultant may rely upon the completion statements, certifications or confirmations issued by the relevant specialist contractor and shall not be responsible for verifying the technical adequacy, workmanship or compliance of such specialist works where these fall outside the Consultant’s appointed expertise.

4.5

No action or proceedings arising from the Services may be commenced after six (6) years from the date of the act or omission giving rise to the claim.

4.6

The Consultant shall not be liable for indirect loss, consequential loss, loss of profit, loss of rent, delay damages or business interruption.

4.7

The Consultant shall maintain throughout the duration of the Services:

Professional Indemnity Insurance with a limit of indemnity of £5,000,000; and

Public Liability Insurance with a limit of indemnity of £5,000,000, or such other equivalent levels of cover as may reasonably be maintained from time to time. Evidence of cover shall be provided upon reasonable written request.

5. Fees & Payment Terms

5.1

Invoices are payable within Twenty-Eight (28) days of the date of issue unless otherwise agreed in writing.

5.2

The Consultant reserves the right to charge interest and recovery costs on overdue accounts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

5.3

Where the Consultant is requested to arrange or coordinate third-party contractors or specialist suppliers, an administration fee may be applied subject to prior notification to the Client.

5.4

The Consultant may suspend the Services where any undisputed invoice remains unpaid for more than fourteen (14) days following written notice.

6. Intellectual Property & Data

6.1

Copyright in all reports, photographs, schedules, documents and materials produced by the Consultant shall remain vested in the Consultant.

6.2

Upon full payment of all fees due, the Client is granted a non-exclusive, non-transferable licence to use such documents solely for purposes connected with the relevant project.

6.3

The Consultant shall process personal data in accordance with applicable UK data protection legislation.

7. Termination

7.1

Either party may terminate the Contract upon seven (7) days written notice.

7.2

Upon termination, the Client shall pay all fees accrued and expenses reasonably incurred up to the termination date.

8. Dispute Resolution & Governing Law

8.1

The parties shall first seek to resolve any dispute through good faith negotiation.

8.2

If unresolved, either party may refer the dispute to adjudication under the Scheme for Construction Contracts or through an adjudicator appointed by the Construction Industry Council.

8.3

This Contract shall be governed by and construed in accordance with the laws of England and Wales.