• Services
• About
• Contact

The Chemspill consultancy offers specialist chemical health and safety services including accident investigation, emergency chemical remediation and chemical safety project management.We provide a safety net for clients across the globe to protect them against dangerous accidents involving chemicals and non target biological agents.Equipped with expert knowledge and a team of industry professionals, ChemSpill is committed to helping businesses protect their assets and their bottom line.

Terms of Business

Chemspill T/A The Safety and Wellbeing Consultancy LTD Company registered in England & Wales under no. 15173083. Environmental Agency Licensed Waste Carrier no. CBDU556750.Chemspill T/A The Safety and Wellbeing Consultancy Limited CONTRACT AND STANDARD CONDITIONS BETWEEN: (1) “The Service Provider”: shall mean Chemspill T/A The Safety and Wellbeing Consultancy Limited with registered office address 2a Connaught Avenue, London, E4 7AA (Company Number. 15173083) and/or any third party appointed by Chemspill as necessary from time to time and; (2) “Customer”: the person(s), firm or the company who purchases the Services from the Service Provider.Background
1. The Customer has requested that the Service Provider provide certain services to the Customer.
2. This Contract is entered into between the parties for the supply of Services (as defined in these Conditions) by the Service Provider to the Customer as further detailed and set out in the attached Agreement subject to the provisions of the terms and conditions(“Conditions”) printed herein and collectively forming this Contract.
3. The Service Provider and the Customer agree to be bound by the Agreement and Conditions, together forming this Contract in respect of the supply of the Services by the Service Provider to the Customer which together with any other documents attached hereto shall form part of this Contract for the supply of the Services.
4. The Customer acknowledges that it has read this Contract and Conditions and understands and agrees to be bound by them.CONTRACT AND STANDARD CONDITIONS1 Understanding these Conditions
A number of words are used in these Conditions which have special meanings. Where this is the case, the relevant words as defined begin with a capital letter. The meanings of these specially defined words and other guides to understanding these Conditions can be found in the Glossary at the end of these Conditions.2 Services2.1 The Customer pursuant to the Contract engages the Service Provider to provide the Services to the Customer and the Service Provider agrees to provide the Services for the Term upon the terms and subject to the conditions of the Contract.2.2 All proposals made, quotations given, instructions accepted and contracts entered into by the Service Provider with any person for the supply of the Services are subject to these Conditions to the exclusion of any other terms and conditions subject to which the Contract is accepted or purported to be accepted by the Customer.2.3 If any Additional Services are required to complete the Services contracted between the Service Provider and the Customer, or any Additional Services are required once the contracted Services have been completed, the Service Provider will adjust its Charges and give notice of the adjustment in writing to the Customer within 7 days from the finding of any required Additional Services.2.4 Any dates specified by the Service Provider for the supply of the Services are intended to be an estimate and time for supply of the Services shall not be made of the essence by notice. If no dates are so specified, the supply of the Services will be within a reasonable time.2.5 Unless otherwise agreed by the parties in writing, the Customer shall at its own expense supply the Service Provider with all necessary Documents or other materials, and all necessary data or other information relating to the Services, within sufficient time to enable the Service Provider to provide the Services in accordance with the Contract.2.6 The Services shall insofar as is reasonably practicable be provided in accordance with the specification (if any) set out in the Agreement but subject to these Conditions and shall be performed at such times as the Service Provider shall in its sole discretion decide.2.7 If the Service Provider supplies some but not all of the Services, the Customer is not entitled to object or reject the Services or any part of them by reason of the shortfall and shall pay for such Services at the pro rata Agreement rate.2.8 The Customer shall afford to the Service Provider all reasonable co-operation in all matters relating to the performance of the Service Provider’s obligations under the Contract. In particular but without limitation to the foregoing, the Customer shall:2.8.1 promptly and fully respond to all communications of the Service Provider relating to the provision of the Services and to liaise with the Service Provider on matters relevant to the provision of the Services;2.82 conduct its affairs at all times in a proper and reputable manner observing all legal requirements in relation to its business;2.8.3 provide proper and clear instructions to the Service Provider in respect of its requirements in relation to the Services, any Additional Services or in connection with the Contract;2.9 Throughout the Term of the Contract:2.9.1 the Customer shall afford the Service Provider such access to the Customer’s information or records, and other materials relevant to the Services as the Service Provider may require in connection with or to provide the Services;2.9.2 the Customer shall assume responsibility for complying with all laws and regulations in connection with the Services;2.9.3 provide at the Site Address adequate and appropriate access to facilitate the supply of the Services (the provision of which normally requires the use of heavy goods vehicles) including, but not limited to, the provision of appropriate and clear access through roadways free from inter alia but not restricted to overhanging branches, appropriate man-hole covers and adequate protection for underground drainage runs;2.9.4 The Service Provide reserves the right to decide whether access provided by the Customer for the Service Provide is reasonable;
2.10 The Service Provider does not warrant, guarantee or undertake on behalf of any third party supplier or service provider that access to any facilities or any products or services will be uninterrupted or of any particular level of availability or quality.2.11 The Service Provider may correct any typographical or other errors or omissions in any brochure, quotation, advertisement, catalogue or other document relating to the provision of the Services without any liability to the Customer and such documents shall not form part of the Agreement or the Contract.2.12 Each signed Agreement and Contract will be an offer to accept and purchase the Services subject to the Agreement, Contract and these Conditions.2.13 In the event that the scope of work required to remediate is different from that envisaged or disclosed by the Customer at the time of the Agreement, the Service Provider may in its absolute discretion:2.13.1 refuse to accept or carry out any or all of the works agreed;2.13.2 make such increase in the Charges it sees fit;2.13.3 terminate the Contract and Agreement without any liability to the Customer;2.13.4 require the Customer at its own expense to remove the Waste from the Service Provider’s equipment and/or premises;2.13.5 require the Customer to pay the Service Provider’s charges for returning the Waste to the Customer; and/or2.13.6 dispose of the Waste in such manner as the Service provider thinks fit according to the duty of care under the Relevant Legislation, in which event the Customer shall indemnify the Service Provider against any loss or expense arising or incurred by the Service Provider in doing so.3 Charges3.1 Subject to any special terms agreed in writing by the parties, the Customer shall pay the Charges and any expenses together with such additional sums which are agreed between the Service Provider and the Customer for the provision of the Services and any Additional Services.3.2 The Customer shall be liable for costs incurred as a result of the Customer’s instructions or lack of instructions, the inaccuracy of any Customer Material or any other cause attributable to the Customer.3.3 The nature of the Services to be provided by the Service Provider are such that heavy equipment including vehicles, plant and/or machinery are frequently required in order for the Service Provider to provide the Services. In accordance with paragraph 2.8.3 above in entering into the Agreement and Contract, and in agreeing to these Conditions the Customer warrants to the Service Provider that access to the Site Address if passable and clear, without hindrance or risk of damage. The Customer shall be liable to the Service Provider for any damage to vehicle, plant, equipment or machinery caused or attributable to the Service Provider obtaining access to the Site Address.3.4 The Service Provider shall be entitled to vary its standard Charges from time to time by giving not less than seven (7) days’ written notice to the Customer. In the event of any Services provided out of usual business hours or on an emergency basis (meaning outside of the hours of 9am to 5.30pm Monday to Friday) the Service Provider shall be entitled to vary its standard Charges on providing 6 hours’ notice to the Customer in writing.3.5 All Charges and sums quoted payable to the Customer within the Agreement and Contract are exclusive of any VAT, for which the Customer shall be additionally liable at the applicable rate from time to time.3.6 Where the Service Provider cannot identify the full extent, and therefore the full cost, of the Services in advance of carrying them out, the Service Provider shall, where the context provides that it is reasonably possible to do so, provide details of the applicable rate of Charges for the Services within the Agreement by way of indicative hourly rate Charge for equipment, personnel and Waste removal per or part gallon or per or part tonne. The Service Provider shall raise invoices calculated with reference to the rates as set out within the Agreement. Alternatively, where the Service Provider is unable or does not set out the Charges within the Agreement the Service Provider will be entitled to charge a reasonable fee per hour determined by the Service Provider at their discretion for carrying out the Services.3.7 The Charges and any additional sums payable shall be paid in full by the Customer into such account as the Service Provider shall reasonably instruct (together with any applicable VAT and without any set-off or other deduction whether for withholding tax or otherwise) within the number of days stated on the Service Provider’s invoice.3.8 Where the Customer disputes the Charges as set out in any invoice issued by the Service Provider, the Customer must provide notice of their dispute in writing within 7 days from the date of the invoice setting out in detail why the dispute has arisen.3.9 If payment is not made on the due date, the Service Provider shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of eight per cent (8%) above the base rate from time to time of Barclays Bank plc from the due date until the outstanding amount is paid in full. The Service Provider reserves the right to claim interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.3.10 Where any sum owed by the Customer to the Service Provider under this or any other agreement is overdue, the Service Provider shall be entitled to cease work under the Agreement until such sum (together with such interest as may be due thereon) is paid and in the event that such default continues for longer than one month, the Service Provider shall be entitled but not bound (without prejudice to any other rights that he may have in respect thereof) to terminate the Agreement forthwith.3.11 The Customer shall reimburse the Service Provider for all out of pocket expenses incurred by it in connection with the Services for the Customer.3.12 The Service Provider will not be obliged to provide Services unless all fees and disbursements due to it in relation to the provision of the Services are received in advance.3.13 In the event that the Service Provider equipment and/or vehicles cannot be moved or removed from any Site Address as specified by the Customer within the Agreement then any additional costs associated with the Services and with the inability of the Service Provider to use the vehicle or equipment will also be charged to the Customer and be payable on demand. The Customer shall be liable to the Service Provider for any loss and damage sustained by the Service Provider in respect of any equipment damage suffered in the course of providing the Services. Such liability shall include and extend to the cost of retrieving the equipment, instructing other third parties to retrieve the equipment and/or the cost of replacing the equipment. The Customer shall be liable for the Service Providers time in respect of retrieval at the same rates as agreed in respect of the Services.3.14 The Service Provider is entitled and shall charge for any Services which it is unable to carry out due to:3.14.1 a public holiday in the United Kingdom; or3.14.2 it not being able to gain access at the Customer’s premises; or3.14.3 the Customer’s premises being closed; or3.14.4 the Customer being in a shutdown period.3.15 The Company may, on giving notice in writing to the Customer, increase the Charges to reflect any increase in cost to the Company which is due to any factor beyond the control of the Company (such as, without limitation, changes in legislation, alteration of taxation or duties and significant increases in the cost of labour or fuel). Any additional charge shall be payable by the Customer after seven (7) days’ from the date of the Service Provider’s notice.3.16 The Service Provider reserves the right to make delivery by instalments and render a separate invoice in respect of each such instalment. If the Service Provider exercises its right to make delivery in instalments in accordance with this clause 3.12, then any delay in delivering or failure to deliver any further instalment or instalments shall not entitle the Customer to reject the Agreement or the delivery of any other instalment or to withhold payment in respect of any instalment previously delivered.3.17 Time of payment of any Charges shall be of the essence of the Agreement and Contract.4 Materials4.1 The property, copyright and any other intellectual property rights in any Customer Material shall belong to the Customer. The property, copyright and any other intellectual property rights in any of the Service Provider Material shall belong to the Service Provider, subject only to the right of the Customer to use the Service Provider’s Material during the Term of the Agreement and Contract.4.2 The Customer warrants that any Customer Material and its use by the Service Provider for the purpose of providing the Services will not infringe the copyright or other rights of any third party, and the Customer shall indemnify the Service Provider against any loss, damages, costs, expenses or other claims arising from any such infringement.

5 Confidential Information5.1 The parties agree on the following terms not at any time during the Term to divulge or allow to be divulged to any person any confidential information relating to the business or affairs of the other party to this Contract.5.2 All information (including, without limitation, the terms of the Contract, business and financial information, customer and vendor lists and pricing and sales information) disclosed by either of the parties (the “Disclosing Party”) to the other party (the “Receiving Party”) pursuant to the Contract shall be confidential. The Receiving Party shall maintain the confidentiality of all such information and shall not, without the prior written consent of the Disclosing Party (i) utilise the same, directly or indirectly, for its own business purposes or for any other purpose or (ii) disclose the same to any third party. This clause does not apply to any information in the public domain or which is required to be disclosed in respect of the provision of the Services by the Service Provider, or pursuant to an order issued by a court of competent jurisdiction or applicable law or regulation or information which is disclosed by the Receiving Party to its professional advisors on a confidential basis.5.3 The Customer specifically undertakes at all times to keep confidential any of the Service Provider confidential information (including this document, the lists or specific customer details and information relating to the Service Provider’s business or affairs, pricing and details of the Services provided) confidential and specifically not to disclose (whether or not for profit) such list or information to any competitor of the Service Provider or any other person, firm or company engaged in similar activity during the Term and at any time following the date of expiry or termination of the Contract.6 Warranties and Liability6.1 The Service Provider warrants to the Customer that the Services will be provided using reasonable care and skill. Notwithstanding any provision to the contrary, any dates, periods or times specified by the Service Provider in the Agreement and Contract are estimates only and time shall not be of the essence for the performance by the Service Provider of its obligations under the Contract.6.2 The Service Provider shall not be liable for breach of the warranty in clause 6.1 unless:6.2.1 The Customer gives written notice to the Service Provider within 14 days of the time when the Customer discovers or ought to have discovered the defect in the Services; and6.2.2 The Service Provider is given a reasonable opportunity after receiving the notice of examining such Services and providing a response.6.3 Subject to clause 9.2, the Company shall, at its option, correct such Services or refund the price of such Services at the pro rata Agreement rate for the service or services provided.6.4 Except in respect of death or personal injury caused by the Service Provider’s negligence, or as expressly provided in these Conditions, the Service Provider shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of anticipated savings, business revenues, or profits (whether categorised as direct or indirect) or any indirect, special or consequential loss (including losses arising from business interruption, wasted management time, loss of goodwill, data and all other such loss whether or not arising in the normal course of business), damages, costs, expenses or other claims (whether caused by the negligence of the Service Provider, its servants or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by the Client.6.5 The entire liability of the Service Provider to the Customer under or in connection with the Contract shall not in any event exceed the amount of the Charges paid by the Customer for the provision of the Services.6.6 The Customer acknowledges that the Service Provider has obtained total maximum public liability arising in connection with the performance or contemplated performance of the Services under the Agreement and that in the alternative to Paragraph 6.3 above, in the event that the same is rendered unenforceable, void or voidable the Service Provider’s public and product liability shall be limited to £5,000,000 (£5million).6.7 For the avoidance of doubt the sums referred to in this clause 6 are inclusive of all legal and other professional fees, costs and expenses incurred by the Customer in establishing and presenting any claim against the Service Provider.6.8 The Service Provider shall not be liable to the Customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Agreement or Contract.6.9 The Service Provider shall not be liable for any damage caused to surfaces during the undertaking of the Services or any Additional Services. In the event that a chemical spill is being remediated, certain hazardous chemical reactions and corrosion are irreversible. Such damage is unavoidable in these cases. The Customer agrees the Service Provider shall have no liability in respect of any such damage and the Customer shall be solely responsible for any necessary works arising as a result. 6.10 The Customer agrees to indemnify and keep the Service Provider fully indemnified from and against any loss, claim, legal or professional costs or any liability whatsoever incurred or suffered by the Service Provider as a result of negligence or any default by the Customer (or its employees, agents or representatives) of its obligations however arising in connection with the Services, together with expense, claim, loss or damage which the Service Provider or any of its employees, agents, sub-contractors and other clients) may suffer due to the negligence or breach of the Customer (or its employees, agents or subcontractors).6.11 The Customer agrees and acknowledges that the allocation of risk in this clause 6 is fair and reasonable in the circumstances having been taken into account in setting the level of the Charges.6.12 Unless otherwise agreed in writing by the Service Provider, the Customer warrants that it has complied with and will continue to comply with every obligation imposed by law (including without limitation any obligation imposed by any statute, statutory instrument or regulation), upon it in relation to the Waste and all Relevant Legislation including but not limited to;6.12.1the statutory duty of care imposed by the EPA and the Environmental Protection (Duty of Care) Regulations 1991;6.12.2 the Hazardous Waste Regulations 2005;6.12.3 the Environmental Protection Act 19906.12.4 the Carriage of Dangerous Goods by Road Regulations 1996;6.12.5 the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 2004;6.12.6 the Waste (England and Wales) Regulations 2011;6.12.7 any other relevant legislation6.12.8 the Waste Management Licensing Regulations 1994 (as amended); and6.12.9 to comply with the duties imposed by virtue of the Health and Safety at Work etc. Act 1974 and the Control of Substances Hazardous to Health Regulations 2002.6.13 The Service Provider shall have exclusive right to supply all Services as set out within the Description of Work section of the Agreement or where no covering pages to this document are provided by the Service Provider to the Customer as specifically set out in the Service Provider’s written communications to the Customer such as email or as communicated orally by the Service Provider to the Customer in person or on the telephone in respect of all Waste which is in the possession or control of the Customer or the safe disposal of which is the responsibility of the Customer provided that this clause shall only apply if the Service Provider may deal with it under the terms of a waste management licence, environmental permit, or other consent under the Relevant Legislation owned by the Service Provider and/or its sub- contractor.6.14 The Customer shall not allow or permit any third party to empty or move any Waste unless specifically authorised by the Service Provider to do so.6.15 Where the Service Provider is to collect Waste, deliver or empty containers or remove a container from a Customer site and/or the Site Address, the Customer shall ensure that the Service Provider has unobstructed vehicular access to the site on which the Waste is located, and shall ensure that the Waste and any Site Address are safely and reasonably accessible by Service Provider personnel, equipment and vehicles for the purpose of collection and providing the Services. The Service Provider accepts no liability for damage caused to any Customer property, surfaces, driveways, drainage or other services over which access is required as part of the supply of the Services.6.16 The Service Provider shall be entitled to levy a waiting time charge at the rate of £60 per hour or part thereof, or pro rata to the quoted rates per or part hour (whichever is the higher) if any vehicle or personnel of the Company has to wait at the Site Address in excess of 15 minutes such fee representing a genuine pre-estimate of costs incurred by the Service Provider as a result of not being able to complete Services at the time agreed with the Customer.7 Force Majeure7.1 The Service Provider shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of the Service Provider’s obligations under the Contract if the delay or failure was due to any circumstances or cause beyond the Service Provider’s reasonable control.7.2 Without prejudice to the generality of the foregoing, circumstances beyond the Service Provider’s reasonable control shall include act of God, inability to access the Site Address, server crashes, virus attacks on equipment, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, damage, bad weather, software, power or equipment failure, strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Service Provider or of a third party).7.3 The Service Provider shall not be liable to the Customer or be deemed to be in breach of the Contract or Agreement by reason of any delay in performing, or any failure to perform, any of the Service Provider’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Service Provider’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Service Provider’s reasonable control; any import or export regulations or embargoes; any difficulties in obtaining raw materials, labour, fuel, parts or machinery; personal illness or injury, any power failure, breakdown in machinery, or operational difficulties relating to machinery.8 Termination8.1 The Contract may be terminated:8.1.1 forthwith by either party if the other commits any material breach of any term of these Conditions and which (in the case of a breach capable of being remedied) shall not have been remedied within seven 7 days of a written request to remedy the same;8.1.2 forthwith by the Service Provider if the Customer fails to make payment of any sums due hereunder on the due date;8.1.3 forthwith by either party if the other shall become unable to pay its debt or otherwise suffer insolvency events;8.1.4 forthwith by the Service Provider upon notice to the Customer in the event that the Customer or its employees or agents shall engage in any conduct prejudicial to the business of the Service Provider or in the event that the Service Provider considers that a conflict or potential conflict of interest has arisen between the parties.8.2 Where the Agreement is for the provision of recurring Service(s), the Agreement shall become an agreement for a period of one year which shall continue from year to year unless the Customer gives the Service Provider a minimum of six months' notice in writing that the Customer wishes to end the Agreement.8.3 If the Customer terminates the Agreement pursuant to clause 8.3 above, the Customer must pay to the Service Provider an amount equal to sixty-seven per cent of the standard charge for whatever amount of /the agreement period remains unexpired. The Customer must also pay to the Service Provider any overdue payments and interest that the Customer owes to the Service Provider under the Agreement and any costs incurred by the Service Provider in collecting from the Customer any payments still owed to the Service Provider.8.4 Any termination of the Contract pursuant to this clause shall be without prejudice to any other rights or remedies a party may be entitled to under the Contract or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.8.5 The Service Provider may immediately terminate the Contract without liability to the Customer if, in the reasonable opinion of the Service Provider, any Waste at the Site Address is of a type with which the Service Provider is not permitted to deal under the terms of a waste management licence under the EPA owned by the Service Provider or as a result of any Relevant Legislation.9 AcknowledgementsThe Customer agrees and irrevocably declares and acknowledges as follows:9.1 The Service Provider shall be entitled at its discretion to immediately terminate this Agreement and the provision of Services (or take all or any actions as are authorised under the Conditions) in the event that the Customer becomes a prohibited person (under relevant law including without limitation, by reason of capacity, solvency, qualification, undischarged bankruptcy, criminal or civil prosecution, residency or international embargo or restriction) or engage in any unlawful business(under relevant law), including without limitation any illegal activity, the Service Provider prohibited activities or activities not previously notified to or approved in writing by the Service Provider.9.2 Under no circumstances shall the Service Provider and the Service Provider’s officers be required to take any action which they consider unlawful or improper or which in their opinion may cause any of them to incur any personal liability and such refusal shall be without liability or breach of contract.9.3 Any reference in the Agreement and this Contract to any provision of Relevant Legislation, a statute, statutory provision or other enactment shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time, provided that as between the parties, no such amendment or modification shall apply for the purposes of the Agreement and Contract to the extent that it would impose any new or extended obligation, liability or restriction on, or otherwise adversely affect the rights of any party.10 Notices10.1 Any notice or other communications to be given under the Contract shall be in writing and may be delivered electronically via email to [email protected].10.2 Communications shall be deemed to have been received, if delivered electronically via email to [email protected].

11 General11.1 This Contract together with the Agreement and Guarantee if applicable constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other warranties terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.11.2 In the event of any conflict between the provisions of these Conditions and the Agreement, these Conditions shall prevail. In the event of any conflict the parties shall adopt the meaning which best gives commercial efficacy to the Contract and Agreement having regard to the Service Provider’s original intention.11.3 The Service Provider may employ sub-contractors for carrying out any part of the Services and shall be entitled at all times in its absolute discretion to decide the number of and which of its employees, agents or sub-contractors shall provide the Services on behalf of the Service Provider.11.4 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.11.5 The parties acknowledge and agree that the Contract shall not establish or constitute any relationship of partnership, joint venture, franchise or agency between the parties except as otherwise expressly provided or agreed and neither party shall have the power to bind the other without the other’s prior written consent.11.6 The Customer shall not assign, transfer, mortgage, charge or otherwise encumber or deal with in any other manner (including declaring a trust) all or any of its rights or obligations under this Agreement without the written consent of the Service Provider. References to the Customer include its personal representatives, permitted origins and successors in title. Each party warrants its power to enter into the Contract and has obtained all necessary approvals to do so.11.7 Except as expressly provided (including in respect of indemnity), the parties do not intend any term of this Contract to create any rights or benefits to any other party other than the parties to the Contract or to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 but this does not affect any right or remedy of any third party which exists or is available apart from the Act.11.8 If any provision of the Contract or these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract or these Conditions and the remainder of the provision in question shall not be affected.11.9 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the Act referred to.11.10 Unless the context otherwise requires, words importing the singular shall include the plural and vice versa; words importing the masculine gender shall include the feminine gender and vice versa; and references to persons shall include bodies of persons whether corporate or incorporate.11.11 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.11.12 The law of England and Wales shall apply to the Contract and these Conditions, and the parties submit to the jurisdiction of the English and Welsh courts.11.13 The Customer for the exclusive benefit of the Service Provider submits to the exclusive jurisdiction of the High Court of Justice in England and waives all rights to object to forum.11.14 Nothing in this Agreement shall limit the right of the Service Provider to take proceedings in any other court of competent jurisdiction or in more than one jurisdiction, whether concurrently or not.11.15 The Customer by this provision irrevocably appoints and authorises the person, firm or entity (if any) in the United Kingdom set out in the Contract to accept service on its behalf of all legal process and service on the entity shall be deemed good service on the Customer.GLOSSARY INTERPRETATIONThe following words and phrases shall have the following meanings unless the context requires otherwise:“Additional Services” - any other services other than the Services agreed to be provided by the Service Provider to the Customer on agreed terms and set out as such in the Description of Work section of the Agreement or where no covering pages to this document are provided by the Service Provider to the Customer as specifically set out in the Service Provider’s written communications to the Customer such as email or as communicated orally by the Service Provider to the Customer in person or on the telephone.“Charges” - the Service Provider’s charges from time to time for the provision of the Services unless otherwise expressly agreed with the Customer and specified in the Agreement and Contract;“Service Provider Material” any Documents or other materials, and any data or other information provided by the Service Provider in connection with or relating to the Services including any targeted press or mailing list;“Site Address” the location where the Services have been contracted to take place as agreed by the Customer and Service Provider.“Contract” means the content of the Agreement and these conditions in addition to any Guarantee which together amount to the Contract for the provision of the Services by the Service Provider as to which these conditions are incorporated;“Documents” includes, in addition to a document in writing, any map, plan, graph, drawing or photograph, any film, negative, tape or other device embodying visual images and any disc, tape or other device (electronic or otherwise) embodying other data;“Customer Material” any Documents or other materials, and any data or other information provided by the Customer relating to the Services;“Relevant Legislation” means the statutory duty of care imposed by the EPA and the Environmental Protection (Duty of Care) Regulations 1991; the Hazardous Waste Regulations 2005; the Carriage of Dangerous Goods by Road Regulations 1996; the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 2004; the Waste (England and Wales) Regulations 2011; any other relevant legislation; the Waste Management Licensing Regulations 1994 (as amended); the duties imposed by virtue of the Health and Safety at Work etc Act 1974 and the Control of Substances Hazardous to Health Regulations 2002.“Agreement” means the entire content of the covering pages of this document including but not limited to the content confirming the Quote Reference, Invoice Address, Site Address, Description of Work , Quantity, Price Per and Total Cost, but may from time to time mean the content of the Service Provider’s written communications to the Customer such as email or as communicated orally by the Service Provider to the Customer in person or on the telephone where no covering pages to this document are provided by the Service Provider to the Customer.“Services” means the service and administration services to be provided by the Service Provider for the Customer and specifically set out within the Description of Work section of the Agreement (and the Services shall include the Additional Services and Additional Caveats section of the Agreement where the context admits) or where no covering pages to this document are provided by the Service Provider to the Customer the service and administration services to be provided by the Service Provider to the Customer as specifically set out in the Service Provider’s written communications to the Customer such as email or as communicated orally by the Service Provider to the Customer in person or on the telephone;“Term” the period from the start date to the end date being the minimum period for the provision of the Services as set out in the Agreement and Contract and continuing thereafter in full force and effect unless terminated in accordance with the provisions of these Conditions.“Waste” means the material to be addressed by the Service Provider as specified within the Description of Work section of the Agreement or where no covering pages to this document are provided by the Service Provider to the Customer as specifically set out in the Service Provider’s written communications to the Customer such as email or as communicated orally by the Service Provider to the Customer in person or on the telephone;

• Services
• About
• Contact

Company Privacy Notice

This privacy notice is for Chemspill T/A as The Safety and Wellbeing Consultancy Ltd.
('Chemspill', 'we', 'us', or 'our'), describes how and why we might collect, store, use, and/or share ('process') your information when you use our services ('Services'), such as when you:
• Visit our website at [https://www.chem-spill.com]
• Engage with us in other related ways, including any sales, marketing, or events.Questions or concerns?
Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at [mailto:[email protected]].Do we process any sensitive personal information?
We do not process sensitive personal information.Do we receive any information from third parties?
We do not receive any information from third parties.How do we process your information?
We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law.What are your rights?
Depending on where you are located geographically, the applicable privacy law may mean you have certain rights regarding your personal information. Learn more about your privacy rights.How do you exercise your rights?
The easiest way to exercise your rights is by submitting a data subject access request, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws.1. WHAT INFORMATION DO WE COLLECT?
• Personal information you disclose to us
We collect personal information that you provide to us. We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.
• Personal Information Provided by You.
The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following: names phone numbers email addresses mailing addresses
• Sensitive Information.
We do not process sensitive information. All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
• Information automatically collected
Information such as your Internet Protocol (IP) address and/or browser and device characteristics, is collected automatically when you visit our Services. We automatically collect certain information when you visit, use, or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps'), and hardware settings).
• Device Data.
We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.
• Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.2. HOW DO WE PROCESS YOUR INFORMATION?
We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your personal information for a variety of reasons, depending on how you interact with our Services, including:
• To deliver and facilitate delivery of services to the user.
We may process your information to provide you with the requested service.
• To respond to user inquiries/offer support to users.
We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
• To send administrative information to you.
We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information.
To request feedback
We may process your information when necessary to request feedback and to contact you about your use of our Services.
• To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes.3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?
We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e. legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfil our contractual obligations, to protect your rights, or to fulfil our legitimate business interests. The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:
• Consent
We may process your information if you have given us permission (i.e. consent) to use your personal information for a specific purpose. You can withdraw your consent at any time by emailing [mailto:[email protected]].
• Performance of a Contract
We may process your personal information when we believe it is necessary to fulfil our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.
• Legitimate Interests.
We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests and those interests do not outweigh your interests and fundamental rights and freedoms. For example, we may process your personal information for some of the purposes described in order to: Send users information about special offers and discounts on our products and services Analyse how our Services are used so we can improve them to engage and retain users Support our marketing activities Understand how our users use our products and services so we can improve user experience Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
• Vital Interests.
We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person. In legal terms, we are generally the 'data controller' under European data protection laws of the personal information described in this privacy notice, since we determine the means and/or purposes of the data processing we perform. This privacy notice does not apply to the personal information we process as a 'data processor' on behalf of our customers. In those situations, the customer that we provide services to and with whom we have entered into a data processing agreement is the 'data controller' responsible for your personal information, and we merely process your information on their behalf in accordance with your instructions. If you want to know more about our customers' privacy practices you should read their privacy policies and direct any questions you have to them.4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
We may share information in specific situations described in this section and/or with the following categories of third parties. Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, subcontractors or agents ('third parties') who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organisation apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct. The categories of third parties we may share personal information with are as follows:
Data Analytics Services Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
We may use cookies and other tracking technologies to collect and store your information. We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information.6. HOW LONG DO WE KEEP YOUR INFORMATION?
We keep your information for as long as necessary to fulfil the purposes outlined in this privacy notice unless otherwise required by law. We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.7. HOW DO WE KEEP YOUR INFORMATION SAFE?
We aim to protect your personal information through a system of organisational and technical security measures. We have implemented appropriate and reasonable technical and organisational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.8. DO WE COLLECT INFORMATION FROM MINORS?
We do not knowingly collect data from or market to children under 18 years of age. We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at [mailto:[email protected]].9. WHAT ARE YOUR PRIVACY RIGHTS?
In some regions, such as the European Economic Area (EEA) and United Kingdom (UK), you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time. In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by emailing [mailto:[email protected]]. We will consider and act upon any request in accordance with applicable data protection laws. If you are located in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your Member State data protection authority or UK data protection authority. If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner. Withdrawing your consent: If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by emailing [mailto:[email protected]]. However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent. Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by emailing [mailto:[email protected]] You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. You may also opt out of interest-based advertising by advertisers on our Services. If you have questions or comments about your privacy rights, you may email us at [mailto:[email protected]].

10. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognising and implementing DNT signals has been finalised. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
If you are a resident of California, you are granted specific rights regarding access to your personal information. California Civil Code Section 1798.83, also known as the 'Shine The Light' law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below. If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).12. DO WE MAKE UPDATES TO THIS NOTICE?
We will update this notice as necessary to stay compliant with relevant laws. We may update this privacy notice from time to time. The updated version will be indicated by an updated 'Revised' date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may contact us on [email protected]14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please submit a data subject access request to [email protected].

• Home
• About
• Contact

Services

consulting

The ChemSpill Consultancy will work with your business to:

If you are not sure whether you would benefit from our consulting services, you can opt for an audit on your premises where we will produce a site specific risk assessment with recommendations for any corrective actions (if required).

Training

With tailor-made training topics including:

The ChemSpill Consultancy has all your health and safety training needs covered!

Chemical Remediation

Clients of the ChemSpill Consultancy have exclusive access to our Emergency Chemical Remediation Service provided by our Founder. In the event of a chemical spill emergency, our technical team will be on hand to resolve any chemical spills swiftly and safely - this could be either at your place of work or on a customer premises.We also provide proactive Chemical Remediation services including but not limited to:- Chemical Dosing Cabinet maintenance
- Caustic/Acid station maintenance
- Fume cupboard servicing
- Water treatment site decontaminationsSend us a message to find out more.

Public Speaking

Recognising that community engagement is vital to improving health & safety education, founder Liz Diaz MEng (Hons) FRSPH can also be available for public speaking events.Send us a message to find out more.

• Home
• Services
• Contact

About

Elizabeth Diaz MEng (Hons) FRSPH
Founder of The Chemspill Consultancy

Chemspill was founded by our director with a mission to help revolutionise the world of chemical health and safety.Quoting an extract from the World Health Organisation The Public Health Impact of Chemicals: Knowns and Unknowns, "over one third (35%) of Ischaemic Heart Disease, the leading cause of deaths and disability worldwide, and about 42% of stroke, the second largest contributor to global mortality, could be prevented by reducing or removing exposure to chemicals".Realising that chemical safety could make a huge impact on the lives of many was a driving factor in igniting our founder's passion to take action.Your typical health and safety officers are rarely equipped to deal with enhanced chemical safety requirements in the ever evolving workplace. WHO statistics report an estimated annual figure of 231,140,000 DALYS (9.4%) and 7,375,500 total deaths (13.4%) as a result of chemical exposure.ChemSpill founder Liz Diaz has spent the last decade working within the pest control and specialist remediation sectors upon completion of her Masters degree in Biochemical Engineering. With an extensive scientific background in reactive technical field sales and operations, Liz possesses a solid understanding of what makes a successful business from the biggest players in the game."The key to a successful commercial business is one that puts health and safety at the forefront of their goals - empower your workforce and harness the power of a positive safety culture. It doesn't have to be complicated but the results speak for themselves"Did You Know?
The benefits of health and safety include:- Reduced costs
- Reduced risks
- Lower employee absence and turnover rates (DALYs)
- Fewer accidents
- Lessened threat of legal action
- Improved relationships between suppliers and partners
- Better reputation for corporate responsibility among investors, customers and communities
- Increased productivity, because employees are healthier, happier and better motivated.FAQs1. Why choose Chemspill?
The simplest answer is we are insured, qualified, and in possession of over a decade's worth of experience within the high risk safety industry. Having a founder genuinely passionate about risk mitigation adds a unique perspective with a wealth of experience. If that wasn't enough, Liz is a Biochemical Engineer and applies theoretical science methodology to ensure the clean up process is as efficient and safe as possible, minimising further risk and costs while ensuring utmost legislative compliance.2. Where do you cover?
Chemspill is based in the United Kingdom and can also mobilise within the United States and Europe if needed.3. Do you have any certifications?
In addition to holding a Masters Degree in Biochemical Engineering from a London University, our company founder is in possession of the following certifications:
- Nebosh International General Certificate in Occupational Health and Safety
- Constructions Skills Certification Scheme (CSCS)
- CITB Site Supervision Safety Training Scheme (SSSTS)
- EUSR Water Hygiene Certification
- First Responders Emergency Care Level 3 (FREC3) Certification
- RSPH Level 2 in Pest Management
- RSPH Level 2 in The Safe Use of RodenticidesChemspill is also a registered upper tier waste carrier, licence number CBDU5567504. What is the best way to get in touch?
Using the contact us form or emailing [email protected].For emergency chemical spills please include as much information as possible; Copies of MSDS/Size of the spill/Location/time lapsed/Photographs.

Contact

• Home
• Services
• About

Whether it's peace of mind or an accident emergency, find out how Chemspill can help YOU protect your business today.