Terms of Business
1.Express Medicals Limited (“EML”) complies with all the requirements of various regulatory authorities e.g. RISQS/Network Rail, London Underground and Constructing Better Health.
2. EML agrees to provide their services on the terms herein.
3. Our prices are available on request. Any request for us to provide a service and any Contract between us are deemed to incorporate these Terms of Business. All other contractual terms which in any way add to, vary or contradict these conditions and upon which you may seek to rely or otherwise impose on us are excluded and do not form part of the Contract (whether or not such other contractual terms post-date these conditions) unless we have specifically agreed in writing to be bound thereby. In the event of any conflict these Terms of Business take priority. A person who is not a party to this Contract shall not have any rights under or in connection with it. No variation of the Contract or these Terms shall be valid unless it is confirmed by us in writing. Any contract and / or agreement must be signed by a Director of EML otherwise it will be invalid.
4. Your request for a booking must include any purchase orders, references, cost centres, pin numbers or other information you wish to be put on any invoice or other documentation at the time of the booking. We are not bound by any of your internal audit requirements, procedures, restrictions or other matters unless specifically notified to us and agreed by us in writing at the time of booking.
5. We accept telephone, email and webpage requests for bookings. If you have specific requirements you should ensure your employees are aware of your policy and we are notified at the time of each booking. An email confirming each booking and any specific requirements, including facility requirements, will be sent to your email address provided.
6. We will confirm your booking with a bookings confirmation email. This should be checked prior to the appointment for any inaccuracies or errors with the booking. EML will not be held accountable for any inaccuracies once the appointment has taken place. Alterations to bookings can be made by calling 020 7500 6900 or emailing firstname.lastname@example.org. However, alterations, including changes to the date and / or time or the cancellation of a candidate(s) or procedure(s), must be made at least two working days (Monday – Friday) prior to the appointment. Failure to abide by the above will result in the full fee being charged.
7. On-site contact details must be provided at the time of the booking. The on-site contact must greet our staff member and be available during the duration of the appointment. Should an on-site contact not be provided for the booking, or be unavailable on-site, we reserve the right to cancel the booking and charge in full.
8. You agree to provide safe access and reasonable facilities to allow EML staff to deliver the services.
9. Services will be charged at no less than the number requested at the time of the booking and confirmed in the bookings confirmation email. Our on-site minimum fee applies to bookings whereby the value of the requested booking is less than our on-site minimum fee.
10. Where our staff have to wait, for whatever reason, for a period in excess of 30 minutes a waiting time fee will apply.
11. Where our staff have to wait, for whatever reason, for a period in excess of 30 minutes a waiting time fee will apply.
12. If less than two working days (Monday – Friday) notice is given of a cancellation of a booking, part of a booking, or a candidate fails to attend at the appointed time and place or fails to bring with them specified photographic identification or such documentation and/or information as is required for their test or examination then the full fee will be charged. Same day bookings will be charged in advance of attendance and cannot be cancelled or rescheduled. Candidates must ensure that they can attend their scheduled appointment before finalising their booking. Appointments that are rescheduled on the day of the appointment will incur the full fee of the appointment. We may advise you that we have subcontracted a service to a third party. Where a service is subcontracted, 5 working days’ notice (Monday – Friday) is required for cancellations. We will charge the full fee should less than 5 working days’ notice be given.
13. Candidates must arrive at least 10 minutes before their appointment time.
14. Candidates for telephone consultations must be available within 5 minutes of the appointment time.
15. If a candidate refuses to sign a consent to undertake the service and for the results to be communicated to his / her employer (as appropriate) then the service will not take place but will still be charged.
16. We will not tolerate threatening behaviour, verbal or physical abuse and may eject threatening individuals from our premises entirely at our discretion. Any unacceptable behaviour at any other location will result in our staff leaving the premises. In these circumstances the full fee is payable.
17. Candidates will be seen on a one-to-one basis. However, if an on-site location is not adequate and, as a result, we are unable to undertake a screening you will be charged the full fee.
Data Protection and Confidentiality
18. Express Medicals Limited is registered with the Information Commissioner’s Office (ICO) as a Data Controller. Please see the Privacy Notice on our website for further information on how we comply with Data Protection legislation.
19. Any results communicated to you are confidential and you will not disclose the same to anyone except the candidate or their professional advisers. Similarly, any confidential information obtained by EML during any professional relationship with clients, partners etc. – including intellectual property – will remain confidential.
20. You will pay all invoices for services provided to you within 30 days from the end of the calendar month following the invoice date. We will charge interest on late payments at the rate of 3% per month or part thereof and may suspend provision of all services to you without notice if any payment under any contract between us is overdue. We may notify any relevant authority of your company’s inability to conform to any regulations.
21. Unless we are notified within 21 days of the invoice date that the invoice is incorrect you agree to accept that the invoice is payable in full without set off. Where a credit note is requested, the original documents, if any, must accompany any such request.
22. We shall have no liability to you under the Contract if we are prevented from, or delayed in performing, our obligations under the Contract or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
23. Where applicable, reporting under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) is the responsibility of you/the customer.
24. EML will notify you, and will strive to provide continuity of service, in the event of a disruption to our business. This may include rearranging appointments as agreed with you/the customer.
25. Upon request EML can arrange for the transfer of medical records relating to your employees to another occupational health provider, subject to satisfactory evidence of data subjects’ consent. We reserve the right to charge reasonable fees for this purpose. In the event that your company ceases to operate for whatever reason we will retain records relating to your employees for the appropriate retention period, after which they will be securely deleted / destroyed.
LIMITATION OF LIABILITY – YOUR ATTENTION IS PARTICULARLY DRAWN TO THESE CONDITIONS
26. These Terms of Business set out the entire financial liability (including any liability for the acts or omissions of our employees, agents, consultants and subcontractors) of EML to you in respect of any breach of the Contract and any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
27. Nothing in these Conditions limits or excludes our liability for death or personal injury resulting from negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
28. Without derogating from the above, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract is limited to £500.
29. EML are not liable for: loss of profits; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated savings; or loss of goods; or loss of contract; or loss of use; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses however caused.
30. Neither party shall be liable for any failure or delay in performing its obligations to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, Cyber-attacks, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.