Groundsure Ground Investigation Terms and Conditions – Appendix
Owner’s Disclaimer (“Disclaimer Agreement“)
It is important that you read and understand this Disclaimer Agreement before signing. In particular, we draw your attention to the exclusions of liability set out in sections 5-8 inclusive below. If there is any term that you do not understand, please discuss it with Groundsure before signing.
This Owner Disclaimer Agreement to ground investigation works is entered into between Groundsure Limited (“Groundsure“) and the owner (“you“) of the property at the address set out below (“Site“) at which our customer has requested ground investigation works to be carried out.
It is agreed:
- You as the owner of the Site acknowledge and agree that your consent is required for Groundsure to perform the Ground Investigation on the Site. You agree that you wish for Groundsure to perform the Ground Investigation for our Customer on or after the date of your acceptance of this Disclaimer Agreement.
- You understand that the Ground Investigation carries with it risks that Groundsure cannot entirely eliminate. These risks include (but are not limited to) damage to the property, drilling through utility services, fibre optic cables, drains, buried infrastructure, striking water, and discovering uninsurable risks at the Site.
- You must notify your insurer of the proposed Ground Investigation prior to commencement of the Ground Investigation. You acknowledge that non-disclosure of the proposal to investigate and the result of the Ground Investigation may affect any future insurance claim, policy or premium.
- You must follow any safety warnings or instructions displayed or given to you by Groundsure (or Groundsure’s appointed subcontractors). Please ask a Groundsure representative if you are unclear.
- Groundsure accepts no liability to you for any loss or damage suffered or incurred by you arising out of or in connection with the Ground Investigation including (but not limited to) any loss or damage suffered or incurred in connection with drilling through utility services, fibre optic cables, drains or buried infrastructure, other damage to the property or discovering uninsurable risks at the Site, any contamination or pollution that is aggravated, released or spread during any Ground Investigation or any theft, damage, destruction or loss of or at your Site whilst conducting the Ground Investigation.
- Nothing in this Disclaimer Agreement limits or excludes the liability of either party for death or personal injury resulting from negligence, or for fraud.
- Groundsure shall not be held responsible for dealing with, or for any defects caused as a result of, nor shall Groundsure be liable for any loss or damage suffered or incurred in connection with striking artesian water. Artesian water is a naturally occurring resource that cannot be readily predicted.
- Where a Ground Investigation is carried out by means of either machine or hand excavated trial pits/trenches, these excavations will be backfilled prior to leaving the Site. You acknowledge that any Ground Investigation involving excavation carries the risk of disruption to your use of the Site, and that following backfilling, settlement of any trial pits/trenches must be expected.
- If the Site:
a. is structurally connected to any neighbouring property, you shall ensure that the owner of such property(ies) is / are made aware of any proposed Ground Investigation(s) and shall inform them to notify their insurers before the commencement of the Ground Investigation;
b. shares foundations or other structural support with other properties that are not the subject of the Ground Investigation (e.g. flats), you shall obtain written permission to proceed with the Ground Investigation from the party responsible for such foundations or supports before the commencement of the Ground Investigation;
c. is a leasehold, you shall obtain written permission to proceed with the Ground Investigation from all relevant parties (such as the freeholder) before the commencement of the Ground Investigation; and
d. has a structure (e.g. wall, floor) which constitutes a “Party Structure” under the Party Wall Act 1996, you shall inform the neighbours of the Site and comply with the requirements of that Act. You are advised to seek guidance from a party wall surveyor if this applies.
10. You shall:
a. co-operate with Groundsure and its subcontractors in all matters relating to the Ground Investigation and comply with the reasonable instructions of Groundsure or its subcontractors;
b. provide Groundsure and its subcontractors with such information as Groundsure or subcontractors may reasonably require in order to undertake the Ground Investigation, and ensure that such information is accurate, as far as you are aware, in all material respects including, but not limited to, the location of all services and structures on the Site below ground level;
c. keep and maintain all materials, equipment, documents and other property of Groundsure or any subcontractors at the Site in safe custody until collected by Groundsure or its subcontractors; and
d. ensure that pets, children, and other individuals not directly involved in the Ground Investigation are kept away from the Ground Investigation Area.
Please sign and return the enclosed copy of this Disclaimer Agreement to the Customer as soon as possible to confirm your acceptance of its terms.
Owner (print name)
Contact telephone no.