Loughton Scaffolding Merchant _ Nicholas James Safety Safety

Safety Proposal for Review and Agreement

Terms & Conditions of Business

Nicholas James Health & Safety Solutions Ltd

& Loughton Scaffolding Merchants Equipment Ltd

Nicholas James Health & Safety Solutions Ltd www.nicholasjamessafety.com

DEFINITIONS

The following expressions shall have the following meanings:

1.1 “Consultant” means Nicholas James Health & Safety Solutions Ltd of 1 Angie Mews, Dartford, Kent, DA1 5GY/ 2 Twistleton Court, Priory Hill, Dartford DA1 2EN.

1.2 Client” means any person who purchases Services from the Consultant ( Loughton Scaffolding Merchants Equipment Ltd)

1.3 “Proposal” means a quotation or other similar document describing the Services ( NJS/LSM_0068)

1.2 “ Client ” means any person who purchases Services from the Consultant (Loughton Scaffolding Merchants Equipment Ltd)

1.3 “Proposal” means a quotation or other similar document describing the Services (NJS/LSM_0068)

1.4

“Services” means the consultancy services as described in the Proposal (NJS/LSM_0068)

1.5 “T erms and Conditions” means the terms and conditions of supply of Services as set out in this document and any subsequent terms and conditions agreed in writing by the Consultant.

1.6 “Agreement” means the contract between the Consultant and the Client for the provision of the Services incorporating these Terms and Conditions.

1.7 “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know-how, confidential information or process, any application for any of the above, and any other Intellectual Property Right recognise in any part of the world whether or not presently existing or applied for;

1.8 “ Arbitrator ” is the p arty nominated to resolve a dispute between the Consultant and the Client.

GENERALS

2.1 These Terms and Conditions shall apply to the Agreement for the supply of Services by the Consultant to the Client and shall supersede any other documentation or communication between parties.

2.2

Any variation to these Terms and Conditions must be agreed in writing by the Consultant.

2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Consultant may be entitled in relation to the Services, by virtue of any statute, law or regulation.

Nicholas James Health & Safety Solutions Ltd www.nicholasjamessafety.com

PROPOSALS

3.1

The Proposal for Services shall remain valid for a period of 30 days.

3.2

The Proposal must be accepted by the Client in its entirety.

3.3 The Agreement between the Consultant and the Client, incorporating these Terms and Conditions, shall only come into force when the Consultant confirms acceptance in writing to the Client.

SERVICES AND DELIVERY

4.1

The Services are as described in the Proposal (NJS/LSM_0068)

4.2

Any variation to the Services must be agreed by the Consultant in writing.

4.3 The Services shall commence on 01.05.2025 and continue until terminated by either party giving not less than 1 months’ notice in writing or unless terminated according to the terms of this Agreement.

4.4 The Services shall be carried out at the place of work of the Consultant, Client or any other location that the Consultant & Client deems appropriate.

4.5 Dates given for the delivery of Services are estimates only and not guaranteed. Time for delivery shall not be of the essence of the Agreement and the Consultant shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery.

PRICE AND PAYMENT

5.1 The price for Services is as specified in the Proposal and is exclusive of VAT and any other charges as outlined in the Proposal ( NJS/LSM_0068 )

5.2

The terms for payment are as specified in the Proposal ( NJS/LSM_0068 )

5.3

All direct costs and expenses incurred by the Consultant in connection with the provision of the Services will be re-charged at cost or according to standard charges as described in the Proposal ( NJS/LSM_0068 ) and are payable by the Client on production of the appropriate receipts. The Client must settle all payments for Services with date/ timeframe agreed on invoice and proposal, which shall be taken an automatic direct debit service, using an online platform named Go Cardless. All DD provisions shall be agreed and signed prior to monies being taken.

5.4

• Click Link to Set Up https://pay.gocardless.com/BRT0003VF1ZXCR5

5.5

The Client will pay interest on all overdue payments at a rate of 4.99% per annum above the base lending rate of Santander.

5.6

The Consultant is also entitled to recover all reasonable expenses incurred in obtaining payment from the Client where any payment due to the Consultant is late.

5.7

The Client is not entitled to withhold any monies due to the Consultant.

Nicholas James Health & Safety Solutions Ltd www.nicholasjamessafety.com

5.8

The Consultant is entitled to vary the price to take account of:

5.8.1 any additional Services requested by the Client which were not included in the original Proposal ( NJS/LSM_0068 )

5.8.2 any additional work required to complete the Services which was not anticipated at the time of the Proposal shall be invoiced accordingly following an invoice, moreover, an agreed invoice.

5.8.3

any reasonable increase in hourly rate, if applicable .

and any variation must be intimated to the Client in writing by the Consultant.

5.9 The Consultant shall be responsible for the payment of National Insurance contributions as a self-employed person and for the payment of any Income Tax, VAT or other liabilities arising out of remuneration for providing the Services.

CLIENT OBLIGATIONS

6.1 The Client agrees to cooperate with the Consultant and shall provide any support, information and facilities to the Consultant as may be required.

6.2 The Client agrees to refrain from directly or indirectly recruiting any person employed or engaged by the Consultant for the purpose of providing the Services for a period of six months following completion of the Services.

6.3 The Client shall retain responsibility for the compliance of any relevant legal obligations, whether imposed by statute or otherwise.

CONSULTANT OBLIGATIONS (Continued …. )

7.1

The Consultant shall supply the Services as specified in the Proposal ( NJS/LSM_0068 )

7.2 The Consultant shall perform the Services with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and UK law.

7.3 The Consultant shall have the authority to delegate any obligations to other employees or subcontractors but undertakes to notify the Client of any significant changes to personnel.

CONFIDENTIALITIES

8.1 The Consultant shall keep secret and confidential all information relating to the business or affairs of the Client, the Clients subsidiaries, and the Clients customers.

8.2 The Consultant shall ensure that any other parties to whom the work has been delegated will sign an appropriate secrecy undertaking.

INTELLECTUAL PROPERTY RIGHTS

9.1 The Consultant shall take all reasonable steps to ensure that they, or others to whom the work has been delegated, refrain from causing damage to the Intellectual Property Rights belonging to the Client.

9.2 The Client shall not distribute any Intellectual Property Rights belonging to the Consultant to any third party without the written consent of the Consultant.

9.3 Any Intellectual Property Rights created as a result of the Services shall belong to the Consultant unless provision has been made to the contrary in the Proposal ( NJS/LSM_0068 )

Nicholas James Health & Safety Solutions Ltd www.nicholasjamessafety.com

9.4

The Client and the Consultant shall not infringe the Intellectual Property Rights of any third party during the term of this Agreement.

TERMINATIONS

10.1 The Agreement shall continue until the Services have been provided in terms of the Proposal ( NJS/LSM_0068 ) or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these Terms and Conditions. 10.2 The Client may terminate the Agreement if the Consultant fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 2 weeks after notification of non-compliance is given.

10.3 The Consultant may terminate the Agreement if the Client has failed to make over any payment due within 4 weeks of the sum being requested.

10.4

Either party may terminate the Agreement by notice in writing to the other if:

10.4.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or

10.4.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or

10.4.3 the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent authority makes an order to that effect; or

10.4.4 the other party ceases to carry on its business or substantially the whole of its business; or

10.4.5 the other party is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.

10.5 In the event of termination the Client must make payment to the Consultant any payment for work done and expenses incurred up to the date of termination.

10.6 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.

ARBITRATIONS

11.1

Any dispute arising under this Agreement will be referred to and decided by the Arbitrator.

11.2

The Arbitrator will be appointed by application to TBC at point of such occurrence .

11.3 A party wishing to refer a dispute to the Arbitrator shall advise the other party of this intention in writing at any time during the term of this Agreement. The dispute must then be referred to the Arbitrator within seven (7) days of this intention being intimated. 11.4 The Arbitrator shall act impartially and be free to take the initiative in ascertaining the facts and the law. The Arbitrator must reach a decision within twenty-eight (28) days of referral or such longer period as the parties may agree.

11.5 During the period of arbitration both parties must continue with their obligations as stated in this Agreement.

11.6 The decision of the Arbitrator is binding on both parties unless and until revised by legal proceedings or agreement by both parties.

Nicholas James Health & Safety Solutions Ltd www.nicholasjamessafety.com

WARRANTIES

12.1 Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.

LIMITATIONS OF LIABILITY

13.1 The Consultant shall not be liable under any circumstances to the Client or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Client howsoever caused, because of any negligence, breach of contract, misrepresentation or otherwise. 13.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Consultant for death or personal injury, however the Consultant shall not be liable for any direct loss or damage suffered by the Client howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the professional indemnity insurance policy held by the Consultant in the insurance year in which the Clients claim is first notified.

INDEMNITIES

The Client shall indemnify the Consultant against all claims, costs, and expenses which the Consultant may incur and which arise directly or indirectly from the Clients breach of any of its obligations under these Terms and Conditions.

FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

ASSIGNMENTS

The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Consultant.

RELATIONSHIPS OF PARTIES

Nothing in the Agreement shall be construed as establishing or implying a partnership or joint venture between the parties or suggest that either of the parties are agent for the other.

THIRD PARTY RIGHTS

Nothing in these Terms and Conditions intends to or confer any rights on a third party.

SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

Nicholas James Health & Safety Solutions Ltd www.nicholasjamessafety.com

WAIVERS

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.

NOTICES

Any notice to be given by either party to the other may be served by email, or other communication source, personal service or by post to the address of the other party given in the ( NJS/LSM_0068 ) or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.

ENTIRE AGREEMENTS

These Terms and Conditions supersede any previous agreements, arrangements, documents, or other undertakings either written or verbal.

GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

Nicholas James Health & Safety Solutions Ltd www.nicholasjamessafety.com

PROPOSAL NUMBER - ( NJS/LSM_0068 )

NAME OF CONSULTANT:

Mr Nicholas James Procter – CMIOSH

Nicholas James Health & Safety Solutions Ltd

BUSINESS ADDRESS OF CONSULTANT:

Postal/ Head Office –

Endeavour House 2 Twistleton Court Priory Hill,

Dartford, DA1 2EN

REGISTERED COMPANY ADDRESS OF NICHOLAS JAMES SAFETY SOLUTIONS:

Second Floor Genesis House 1-2 The Grange, High Street, Westerham, England, TN16 1AH

NAME OF CLIENT:

Mr David Loveday _ Loughton Scaffolding Merchants Equipment Ltd

ADDRESS OF CLIENT (Loughton Scaffolding Merchants Equipment): Treviot House, 186-192 High Road, Ilford, Essex, United Kingdom, IG1 1LR

DESCRIPTION OF SERVICES TO BE PROVIDED:

All services have been outlined within the below Service Scope ( NJS/LSM_0068 )

THE MONTHLY RETAINER PAYMENT:

The price for each service/ retainer has been outlined within ( NJS/LSM_0068 )

PAYMENT TERMS:

Direct Debit upon agreed date each month (Scan QR to set up Madate)

Click to Set Up https://pay.gocardless.com/BRT0003VF1ZXCR5

Nicholas James Health & Safety Solutions Ltd www.nicholasjamessafety.com

ADDITIONAL/ SPECIAL TERMS:

• Any additional services requested which are not specified on ( NJS/LSM_0068 ) shall be requested in writing and proposal agreed by both parties prior.

• Nicholas James Safety Solutions requests a 24-hour cancellation period in writing for all services. If a cancellation notification is not received, an aborted visit fee will be applied.

• All services outlined within ( NJS/LSM_0068 ) commence for the annual period upon signature of these T&Cs by both parties.

HOW WE USE YOUR PERSONAL DATA

We ask you for personal data so that we can provide the services you have requested and to maintain our records. We will not share your data with third parties.

We indicate by our signatures that we accept the Terms and Conditions of this Agreement.

Signature:

Title: Managing Director & CEO

Date: 29.04.2025

For and on behalf of. Nicholas James Safety Solutions Ltd

Signature:

Title:

Date:

For and on behalf of. Loughton Scaffolding Merchants Equipment Ltd

Nicholas James Health & Safety Solutions Ltd www.nicholasjamessafety.com

Business Proposal Loughtons Scaffolding Merchants

Date 29Apr 2025 Expiry 29May 2025 Quote Number NJS_LSM_ Annual Safety Service_Proposal_068/2 526 Reference NJS_LSM_ Annual Safety Service_Proposal_068/2 526 VATNumber 335159404

Nicholas James Health & Safety Ltd - 2 Twistleton Court Priory Hill, Dartford, DA12EN accounts@nicholasjame ssafety.com www.nicholasjamessafet y.com

Nicholas James Safety_Loughton Scaffolding Merchants-068_2526 Proposal _Chartered Safety Service David The safety services described in the below proposal have been specifically designed to align with and are what I foresee your business(s) will require throughout our support and guided collaboration. to remain compliant with the UK Safety law, as discussed during our introduction tour last week. I have priced the services outlined below, as part of an annual fixed retainer fee, whereby a monthly fee of £540 + VAT shall be paid for the full inclusion if the safety services outlined below on a monthly basis.

Description

Quantity

Unit Price

VAT Amount GBP

- LSM SMS Annual Gap/ Compliance Audit - The Audit includes a safety visit to the Yard Premises at Lambourne and/ or LSM preferred address for a thorough evaluation of the company's policies, procedures, and overall Safety Management System (SMS) ensuring full effectiveness and execution. In the event that the NJS auditor discovers any Major Non-Conformity, it shall be addressed as a matter of urgency to prevent safety breaches occurring. The NJS team will offer guidance on industry best practices and governing bodies and suggest opportunities for improvement. The audit aims to verify compliance with current UK and EU legislation,

12.00

540.00

20% 6,480.00

Description

Quantity

Unit Price

VAT Amount GBP

and all industry specific governing bodies (NASC/ Scaff Association) and assess the effectiveness of the company's strategic approaches. - Workplace Method Statements and Risk Assessments The LSM specific risk assessments shall be developed and reviewed to encompass a comprehensive identification and evaluation of yard working activities, and potential hazards and risks. This process is followed by the development of the risk assessment which outline the controls measures being implemented, The RA shall then be disseminated, clarified, and briefed to all LSM employees. - Health, Safety & Environmental Policy Support & Annual Review/ Safety Emergency Plans - . This involves Assisting the Directors in formulating and developing and reviewing policies, as well as SMS templates/ checklists to align with LSM branded standards, ensuring they mirror the company's identity, objectives, KPIs, training, and future strategies. The policy will undergo continuous review and monitoring to ensure its sustained effectiveness. - LSM Company Branded Health & Safety Templates for Statutory Checks - Full development of the company Safety Management SMS and review. -Training Needs Analysis and Training Budget Development This involves proposing an annual training budget and conducting a needs analysis for the forthcoming year's training requirements and renewals. Additionally, NJ Safety will organise and arrange all required safety training for LSM teams and ensure the training matrix is consistently updated, and training certificates should not expire unnecessary. (priced and invoiced separately) Accreditation Support - (If Applicable) - Priced Annually and monthly DD Mandate issued Bi Monthly - Health & Safety Inspection and Written Report - Workplace Visit: Our experienced team will conduct an on-site workplace visit to identify potential hazards and risks. This visit is a crucial step in understanding the unique safety challenges of your workplace.

6.00

280.00

20% 1,680.00

Description

Quantity

Unit Price

VAT Amount GBP

Hazard Identification: During the workplace visit, we will meticulously identify and document all foreseeable hazards and risks specific to your operations. Priced as a Separate Service @ 280 Per Visit + VAT - Health & Safety Executive Engagement - Nicholas James will manage and oversee all communications, actions, requests, or unexpected safety issues related to the HSE. He will liaise with HSE representatives to ensure that matters are addressed practically. 24 HR Email, Watts App & Phone Support Specifically Exclusive for LSM Team Members - 24HR Email, Watts App & Phone Support service provided by Nicholas James Safety Professionals 24/ 7 throughout the duration of the agreement/ service term. This unique service will support the team and business to obtain immediate Health, Safety & Environmental advice when required, with full confidentiality. Travel Expenses - Travel expenses are fully inclusive.

Subtotal 8,160.00 TOTAL VAT 20% 1,632.00 TOTALGBP 9,792.00

Terms

All T&C's will be sent for approval/ signing upon agreement of the of the final proposal. Services requested outside the above proposal shall be requested in writing and invoiced separately

Can we help? Call 0345 305 0504 Lines are open: 8am- 6pm Mon-Fri, 9am-3pm Sat, closed Sunday

WhatsApp 07723576917 Our human agents are available: 8am-6pm Mon-Fri, 9am-3pm Sat, and 9am-2pm Sun

Mr Procter 1 Angie Mews

Dartford DA1 5GY

6 January 2025

Confirmation of cover

Dear Mr Procter

Health and safety consultancy Insurance policy number: 700212161

This document confirms your business is insured under the above policy number with effect from 07 January 2025, subject to our policy terms, endorsements and conditions as set out in the policy booklet and schedule and to you paying the agreed premium.

Policyholder

Nicholas James Health & Safety Solutions Ltd

Business

Health and safety consultancy

Public and Products Liability

Territorial Limit

Anywhere in the United Kingdom, the Channel Islands and the Isle of Man

Indemnity Limit

£10,000,000

Total number of directors

Total number of Employees excluding directors

Excess

£100

Employers’ Liability

Territorial Limit

Anywhere in the United Kingdom, the Channel Islands and the Isle of Man

Indemnity Limit

£10,000,000

Correspondence Address: Direct Line Insurance, The Wharf, Neville Street, Leeds, LS1 4AZ. Direct Line insurance policies are underwritten by U K Insurance Limited. Registered office: The Wharf, Neville Street, Leeds LS1 4AZ. Registered in England and Wales No.1179980. U K Insurance Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Registration number 202810. Calls may be recorded.

Total number of directors

Total number of Employees excluding directors

This document is not part of the insurance contract between you and us. The insurance we provide is subject to our policy terms and conditions and endorsements shown in the policy booklet and schedule we've given you.

If you have any questions, give us a call on 0345 305 0504 and speak with our business team or you can message us on WhatsApp on 07723576917.

Thank you, Direct Line

Health and safety consultancy Insurance

Certificate of Employers’ Liability Insurance (a)

(In accordance with regulation 5 of the Employers’ Liability (Compulsory Insurance) (Amendment) Regulations 2008, a copy of this certificate must be displayed at each place of business at which the policy holder employs persons covered by the Policy. This requirement will be satisfied if the certificate is made available in electronic form and each relevant employee to whom it relates has reasonable access to it in that form).

Policy number

700212161

Name of policy holder

Nicholas James Health & Safety Solutions Ltd

Excluded subsidiary companies

None

Start date of the policy End date of the policy

07 January 2025 06 January 2026

We hereby certify that subject to Regulation 3 (2):-

1. the policy to which this certificate relates satisfies the requirements of the relevant law applicable in Great Britain, Northern Ireland, the Isle of Man, the Island of Jersey, the Island of Guernsey and the Island of Alderney (b) ; and 2. the minimum amount of cover provided by this policy is no less than £5 million. (c) Signed on behalf of U K Insurance Limited (Authorised Insurer).

Adam Winslow Chief Executive Officer

Notes: (a) Where the employer is a company to which regulation 3(2) of the Regulations applies, the certificate shall state in a prominent place, either that: i the policy covers the holding company and all its subsidiaries; ii the policy covers the holding company and all its subsidiaries except any specifically excluded by name; or

iii the policy covers the holding company and only the named subsidiaries. (b) specify applicable law as provided for in regulation 4(6) of the Regulations.

(c) See regulation 3(1) of the Regulations and delete whichever of the paragraphs 2(a) or 2(b) does not apply. Where 2(b) is applicable, specify the amount of cover provided by the relevant policy.

Paragraph 2(b) does not apply and is deleted.

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