1. INTRODUCTION
1.1 These Terms and Conditions (“Agreement”) govern the Asset Evaluation Report (“Report”) by Sika Limited (“Sika”, “Evaluator”, “We”, “Us”, “Our”) (company number: 00226822), whose registered office is at Watchmead, Welwyn Garden City, Herts, AL7 1BQ, to the recipient of the Report (“Customer”, “You”, “Your”). By requesting the Report, You agree to the terms and conditions as outlined below.
2. PURPOSE OF EVALUATION
2.1 The purpose of the Report is to identify by visual observations, the current condition of the flooring, joints, coves, drainage and detailing, and to recommend further actions, where necessary, to ensure a safe and hygienic working environment.
2.2 The evaluation rates the floor condition based on three (3) levels of urgency to indicate whether planned, immediate or maintenance actions are required.
2.3 Our observations are based on the floors current condition and are limited to the observed usage and operating conditions. Further assessment of the entire floor build-up, including substrate, is possible if core sampling of each identified area is undertaken. In most cases this is not required to perform an assessment.
2.4 The Report will ascertain the suitability of the required product in the desired area.
3. THE EVALUATION
3.1 The recommended course of action can only be applied by an approved Sika Contractor eligible to apply Sika Flooring products. In the case of Sika Ucrete they must be a Sika Ucrete Licensed Applicator.
3.2 The Customer must:
1. Provide an initial evaluation (Evaluation Form supplied on request); and
2. Agree to provide Sika access to carry out a further evaluation.
3.3 By applying for the Report, you confirm that You are eligible to provide the information required within the process.
3.4 The Report is not available to Contractors – however they are welcome to offer the process to Customers who are eligible to receive an Asset Evaluation. This must be via a direct introduction.
4. LIABILITY
4.1 Sika will not be held liable for any direct, indirect, punitive, incidental, special, or consequential damages arising from the use of or reliance of the Report, including but not limited to any loss of business opportunity, revenue, profit (in each case whether direct or indirect).
5. VALIDITY
5.1 The Report is based on information available at the time of preparation. The Report is valid for a period of twelve (12) months from the date of issuance, after which an updated evaluation may be required.
6. INTELLECTUAL PROPERTY AND OWNERSHIP
6.1 Sika retains ownership of all intellectual property rights associated with the Report, including but not limited to copyrights, methodologies, and data analysis. The Customer will not reproduce, distribute, or modify the Report without Our prior written consent.
7. APPLICABLE LAW
7.1 This Agreement is governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
DISCLAIMER
THE ASSET EVALUATION REPORT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO ASSUME ANY LIABILITY FOR THE CURRENT CONDITION OF THE FLOOR OR FOR THE ADVICE GIVEN IN THE REPORT. THE CONCLUSIONS IN THIS REPORT ARE BASED SOLELY ON A VISUAL INSPECTION OF THE JOB SITE AND WORK DONE AS SEEN DURING OUR VISIT IN THE AREAS MENTIONED IN THE REPORT, WITHOUT IDENTIFING ANY ROOT CAUSE FOR THE CURRENT CONDITION OF THE FLOORS. WE CAN THEREFORE NOT ACCEPT ANY RESPONSIBILITY FOR THE COMPLETENESS OF OUR FINDINGS OR WHETHER THE FINDINGS HAVE BEEN CONSIDERED AND SUGGESTED CORRECTIVE MEASURES HAVE BEEN IMPLEMENTED IN ACCORDANCE WITH OUR RECOMMENDATIONS.