INDEPENDENT INSPECTOR – STANDARD ENGAGEMENT TERMS

1. Definition of Inspector
For the purposes of these terms, “Inspector” refers to either:
(a) the individual performing inspection services as a sole trader; or
(b) the contractor’s limited company supplying an individual to perform the services.

Where the Inspector operates through a limited company, references to the Inspector shall be deemed to include both the company and the individual performing the services.

2. Status of the Inspector
The Inspector is engaged as an independent contractor. Nothing in these terms shall render the Inspector an employee, worker or agent of the Company. The Inspector is responsible for their own taxation, National Insurance contributions and any other statutory obligations arising from payments made under these terms.

3. Nature of Engagement
Assignments are offered on a notification-by-notification or project basis. Each notification or assignment constitutes a separate engagement.

The Company is under no obligation to offer work and the Inspector is under no obligation to accept any work offered. There is no expectation of ongoing or continuous engagement between assignments.

4. Scope of Services
The Inspector shall provide independent inspection and verification services in accordance with the scope defined by the project client (for example Inspection and Test Plans, procedures or specifications). The Inspector shall exercise their own professional judgement, skill and expertise when performing inspection activities.

5. Control of Work
The Inspector shall have full autonomy over how the services are performed, including the methods, sequence and manner of execution, subject only to compliance with applicable project specifications, safety requirements and client procedures.

The Company shall not supervise, direct or control the manner in which the Inspector carries out the services.

6. Substitution
The Inspector shall have the right to provide a suitably qualified and competent substitute to perform the services, subject to reasonable approval by the project client.

The Inspector shall remain responsible for the performance of any substitute and for payment of the substitute. The Company shall have no contractual relationship with the substitute.

7. Equipment and Expenses
Unless otherwise agreed, the Inspector is responsible for providing their own tools and equipment required to carry out inspection activities. Any agreed expenses or travel arrangements will be confirmed at the time of assignment.

8. Financial Risk and Rectification
The Inspector shall be responsible for correcting, at their own cost and within a reasonable timeframe, any defects or deficiencies in the services arising from their own work.

The Inspector shall bear the financial risk associated with the performance of the services and shall not be entitled to additional payment for rectification of defective work.

9. Fees and Payment
Fees will be agreed for each assignment prior to commencement of the work. The Inspector shall submit an invoice for services performed.

Standard payment terms are 30 days from the end of the month in which the invoice is received, unless otherwise agreed in writing.

10. Assignment Confirmation
Assignments may be confirmed by email or other written communication. Such confirmation will specify the project, location, expected dates and agreed rate and will constitute acceptance of these standard engagement terms.

11. Confidentiality
The Inspector agrees to keep confidential all technical, commercial and project information obtained during the course of an assignment and shall not disclose such information without the prior consent of the Company or the project client.

12. Liability and Professional Standards
The Inspector is responsible for performing services with reasonable skill and care consistent with the standards expected of a competent professional inspection specialist.

13. Independent Business
The Inspector confirms that they are in business on their own account and may provide similar services to other clients at the same time, provided this does not conflict with the requirements of any specific assignment.

14. Taxation and Indemnity
The Inspector confirms that they are responsible for all taxation, National Insurance contributions and other statutory liabilities arising from payments made under these terms.

The Inspector agrees to indemnify and keep indemnified the Company against any liability, tax, National Insurance contributions, interest or penalties which may be assessed against the Company by any tax authority as a result of the Inspector’s failure to account properly for such taxation or statutory obligations.

15. Indemnity
The Inspector shall indemnify and keep indemnified the Company, its directors, employees and clients against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with:

• any negligent act, error or omission by the Inspector in the performance of the services;

• any breach of these Terms by the Inspector;

• any failure by the Inspector to comply with applicable laws, regulations or client requirements; and

• any injury to persons or damage to property caused by the Inspector in the course of carrying out the services.

This indemnity shall apply only to the extent that such claims, losses or liabilities arise from the acts or omissions of the Inspector and shall not apply to the extent caused by the negligence or wilful misconduct of the Company.

The Inspector shall take all reasonable steps to mitigate any loss or damage and shall cooperate fully with the Company in the defence or settlement of any claim.

The Inspector’s liability under this clause shall be limited to the level of insurance cover maintained in accordance with these Terms, except in cases of fraud, wilful misconduct, or deliberate breach.

16. Insurance Requirements
The Inspector shall, at their own cost, maintain in force throughout the duration of their engagement appropriate and adequate insurance cover relevant to the services being provided. This shall include, as a minimum:

• Public Liability Insurance with a minimum limit of indemnity of £1,000,000 per occurrence; and

• Professional Indemnity Insurance with a minimum limit of indemnity of £1,000,000 (or such higher amount as may be reasonably required depending on the nature of the assignment).

Where applicable, the Inspector shall also maintain Employers’ Liability Insurance in accordance with statutory requirements.

The Inspector shall provide evidence of such insurance cover upon request, including policy schedules and certificates, and shall notify the Company immediately of any lapse, cancellation, or material change to such cover.

The Inspector acknowledges that they are engaged as an independent contractor and are responsible for their own insurance arrangements. The existence of any insurance held by the Company does not relieve the Inspector of this obligation.

Failure to maintain adequate insurance cover may result in suspension or termination of assignments at the discretion of the Company.

17. Entire Terms
These standard engagement terms apply to all assignments undertaken by the Inspector for the Company unless otherwise agreed in writing.