Terms of Service

1. Definitions

In these terms, the Company means EXP CONSTRUCTION LTD, a United Kingdom company whose address is 18 Hollyhurst Road, Sutton Coldfield - B73 6SY, United Kingdom (GB). The Client means the person, firm or company that accepts a quotation or instructs the Company to carry out work. Services means the controls engineering, computer integrated systems design, panel building, networking, instrumentation, commissioning and maintenance activities described in a quotation or a contract.

Equipment means all hardware, panels, controllers, network devices, sensors and materials supplied under an agreement. Documentation means drawings, schedules, software, calibration certificates, network records and any other written or digital material delivered as part of the Services. Site means any premises at which the Services are performed. Working Day means any day other than a Saturday, Sunday or public holiday in the United Kingdom.

Headings are included for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa, and references to a statute include any amendment or replacement of that statute. Where a term is defined in these terms and also in a quotation, the definition in the quotation prevails for that quotation to the extent of any conflict.

2. Parties and Acceptance

These terms form an agreement between the Client and the Company. A contract is created when the Company confirms acceptance of an order in writing, or when the Company begins work following the Client instruction, whichever happens first. Any terms the Client seeks to impose are excluded unless the Company agrees to them in writing and signed by an authorised representative.

The Client confirms that the person accepting a quotation has authority to bind the Client to these terms and to the financial commitments involved. If the Client is a partnership, an unincorporated body or a group of persons, each member is jointly and severally liable for the obligations set out here.

No variation of these terms is effective unless it is recorded in writing and agreed by both parties. A failure by either party to enforce a provision on one occasion does not waive the right to enforce it later, and no waiver is effective unless it is given in writing.

3. Quotations and Estimates

Quotations are prepared on the basis of the information available at the time. Where a survey has been carried out, the quotation reflects what was observed during that survey. Where work is priced from photographs, existing drawings or a description provided by the Client, the quotation is an estimate and may be adjusted once the equipment can be inspected properly.

Unless stated otherwise, a quotation remains open for thirty days from its date and may be withdrawn or revised after that period. Quotations exclude any item not expressly listed, including but not limited to scaffolding, civil works, specialist lifting, asbestos removal, out of hours premiums and the cost of any third party licence or certification.

All prices are exclusive of value added tax and any other applicable duty or levy, which will be added at the prevailing rate. Where a quotation depends on a supplier price that is later withdrawn, the Company will inform the Client promptly and seek agreement before proceeding with any change to the contract sum.

4. Formation of a Contract

A contract between the Company and the Client comes into effect when the Company issues an order confirmation, or when the Client provides a written acceptance of a quotation, or when the Company commences the Services with the knowledge and agreement of the Client. The contract incorporates these terms, the relevant quotation and any agreed specification or schedule.

If the Client requires the Services to begin urgently, the Company may begin work before all formalities are complete. In that case these terms apply to the work carried out, and the Client is liable for the reasonable cost of that work even if a formal order confirmation is delayed.

The Company reserves the right to decline an order for any lawful reason, including where the requested work falls outside its competence, where the Site presents an unacceptable safety risk or where the Client has an overdue account. Any such refusal will be communicated promptly and without prejudice to any other right.

5. Scope of Work

The Services consist of the activities described in the agreed specification and no more. The Company will perform the Services with the reasonable skill and care expected of a competent controls engineering practice and in accordance with relevant good practice and applicable law. Where a standard or code is specified in the contract, the Company will work to that standard.

The Company does not accept responsibility for the condition of equipment that it did not supply or install, unless that condition has been expressly included in the scope following a survey. Where hidden defects are discovered during the work, the Company will report them, explain the implications and provide a priced variation before carrying out any additional task.

The Company may engage subcontractors or specialist suppliers where this is necessary or efficient, and it remains responsible for the quality of the work performed on its behalf. Subcontractors engaged by the Company are bound by confidentiality and competence obligations consistent with these terms.

6. Client Obligations

The Client agrees to provide accurate information about the Site, the plant and the process, including any known hazards, restrictions or previous modifications. The Client will make available the utilities, access, storage and working conditions reasonably required for the Services, and will ensure that its own staff and other contractors cooperate with the Company.

The Client is responsible for obtaining any consent, permit or third party approval needed for the work, unless the contract states that the Company will arrange it. The Client will ensure that any equipment or software supplied by the Client is lawfully licensed and fit for the intended purpose, and will inform the Company of any security classification that affects the handling of data.

Where the Client delays a decision, withholds information or prevents access, the Company may need to reschedule and may recover reasonable additional costs. The Client acknowledges that accurate documentation depends on accurate information, and that the Company cannot be accountable for a design built on facts the Client has not disclosed.

• Provide safe and timely access to the Site.
• Disclose known hazards and existing modifications.
• Obtain permits and third party consents.
• Ensure supplied software and hardware are licensed.
• Nominate a competent point of contact.

7. Site Access and Safety

The Client will grant the Company safe access to the areas required for the work, together with any induction, escort or permit that the Site requires. The Company will comply with reasonable site rules and will co-operate with the Client on health and safety matters, including the preparation of risk assessments and method statements where appropriate.

If the Company reasonably concludes that a task cannot be carried out safely, it may suspend that task and inform the Client. Suspension for safety reasons does not constitute a breach of contract, and the Company is entitled to recover reasonable costs arising from the suspension. The Client will not require any person to work on live equipment where isolation is reasonably practicable.

The Client remains responsible for the safety of its own premises and for the isolation and safe state of plant that the Company is not contracted to control. Where the Company isolates equipment as part of the work, it will follow agreed lock-out and tag-out procedures and will record the isolation in the project documentation.

8. Changes and Variations

Either party may request a change to the scope, the specification or the schedule. A change is not binding until it is recorded in a written variation and accepted by both parties. The Company will set out the effect of the change on price, programme and any other relevant matter before the variation is agreed.

Where the Client instructs a change orally, the Company may record that instruction and proceed, and the Client will be bound by the recorded variation once the Company confirms it in writing. Urgent changes needed to protect safety or prevent damage may be carried out immediately, with the paperwork completed as soon as practicable afterwards.

If a change reduces the agreed scope, the Company may adjust the price to reflect costs already committed, including materials ordered and time reserved. If a change increases the scope, the additional work is priced using the rates in the original quotation where applicable, or on a fair and reasonable basis where no rate exists.

9. Price and Payment

The price payable is the amount stated in the accepted quotation, as adjusted by any agreed variation. Unless the quotation states otherwise, invoices are issued on completion of the relevant stage or monthly for longer projects, and are payable within thirty days of the invoice date. The Company may require a deposit or stage payments for projects involving significant material purchase.

Interest may be charged on overdue amounts at the statutory rate applicable to commercial debts in the United Kingdom, calculated from the due date until payment is received. The Client is responsible for any bank charges incurred as a result of a failed payment. The Company may suspend work and withhold delivery of documentation where an invoice remains unpaid after a reasonable reminder.

All amounts are stated and payable in pounds sterling unless agreed otherwise in writing. Where a project extends over a long period, the Company may review prices to reflect significant changes in material costs, and will give the Client notice of any such review before it takes effect.

10. Scheduling and Delivery

Dates given for delivery, installation or commissioning are estimates made in good faith. The Company will use reasonable efforts to meet agreed dates but is not liable for a delay caused by factors outside its reasonable control, by Client instructions, by Site conditions or by the failure of a third party supplier.

Where a programme depends on the Client completing a preparatory task, the Company will notify the Client when that task is due and will reschedule if it is not completed. Additional costs arising from such a reschedule may be charged to the Client. The Company will keep the Client informed of progress and will raise any risk to the programme as soon as it becomes apparent.

Time is not of the essence unless the parties expressly agree otherwise in writing. Any agreed milestone dates are subject to the assumptions set out in the quotation, including the availability of access, power and decision making from the Client.

11. Risk and Title

Risk in equipment supplied by the Company passes to the Client on delivery to the Site or to a location nominated by the Client, whichever occurs first. Title to equipment passes to the Client only when the Company has received payment in full for that equipment and for any related Services.

Until title passes, the Client holds the equipment as bailee for the Company and must store it separately and identify it as belonging to the Company. The Company may enter the Site to recover equipment for which title has not passed if payment is not made in accordance with the contract, acting reasonably and with regard to the Client operations.

Risk in the Site and in equipment owned by the Client remains with the Client at all times. The Client is responsible for insuring its own property against loss or damage during the work, and the Company is responsible for insuring its own equipment and for maintaining liability cover appropriate to the Services.

12. Warranty and Defects

The Company warrants that the Services will be carried out with reasonable skill and care and that equipment supplied by the Company will be free from defects in materials and workmanship for a period of twelve months from commissioning, unless a different period is stated in the contract. This warranty is subject to proper use, maintenance and environmental conditions.

If a defect appears during the warranty period, the Client must notify the Company promptly and provide reasonable access and information. The Company will investigate and, where the defect is covered, will repair or replace the faulty item at its own cost. The warranty does not cover damage caused by misuse, unauthorized modification, incorrect operation, power disturbances or normal wear.

Where the Client or a third party modifies equipment or software supplied by the Company without written agreement, the warranty for the affected item may be voided. Consumable items, batteries and calibration drift are excluded from the warranty, although the Company offers separate maintenance arrangements to manage these matters.

13. Intellectual Property

All intellectual property rights in the Companys background technology, methods, templates and standard software remain with the Company or its licensors. On payment in full, the Client receives a licence to use the Documentation and any project specific software for the purpose of operating and maintaining the equipment to which it relates.

The Client may make copies of the Documentation for internal operational and maintenance purposes but may not sell, publish or distribute it to a third party for commercial gain without written consent from the Company. Where the Client commissions new logic or configuration, ownership of that project specific material passes to the Client on payment, subject to the retained rights in the Companys underlying tools.

Any third party software supplied under the contract is governed by the licence of the relevant supplier, and the Client agrees to comply with those terms. The Company will identify proprietary components in the Documentation so that the Client understands the licensing position.

14. Confidentiality

Each party may receive confidential information belonging to the other, including technical data, drawings, commercial terms and operational details. Each party agrees to keep that information confidential, to use it only for the purposes of the contract, and to disclose it only to those of its personnel or advisers who need it to perform the work.

Confidentiality does not apply to information that is already public, that becomes public through no fault of the receiving party, that is independently developed, or that must be disclosed by law or by a regulator. Where disclosure is required by law, the receiving party will, where lawful, notify the other party in advance so that protective steps can be considered.

These obligations survive the end of the contract for a period of five years. Because our work touches industrial systems, we treat operational detail with particular care, and we expect the Client to do the same with any security sensitive information that we share during a project.

15. Limitation of Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited. Subject to that, the Company is not liable for loss of profit, loss of production, loss of contract, loss of data or any indirect or consequential loss, however arising.

The total liability of the Company under or in connection with a contract is limited to the sum paid by the Client for the Services giving rise to the claim, or to the amount recoverable under the Companys liability insurance, whichever is greater. The Client is responsible for insuring against the operational risks of its own business.

Where the Client delays in reporting a defect or continues to operate faulty equipment after becoming aware of a problem, the Company is not liable for losses that could have been avoided. The Client acknowledges that industrial control work carries inherent risk and that the allocation of risk in this clause reflects the price charged for the Services.

16. Indemnity

The Client agrees to indemnify the Company against claims, losses and costs arising from information supplied by the Client that is inaccurate or incomplete, from the condition of the Clients premises or plant, and from the acts or omissions of the Clients other contractors. This indemnity applies to the extent that the loss is not caused by the negligence of the Company.

The Company agrees to indemnify the Client against claims arising from damage to the Clients tangible property caused by the negligence of the Company or its subcontractors during the performance of the Services, subject to the limitations set out in these terms.

Each party will notify the other promptly of any claim that may give rise to an indemnity and will provide reasonable cooperation in defending it. No party will settle a claim in a way that imposes an obligation on the other without that partys written agreement.

17. Force Majeure

Neither party is liable for a failure or delay in performance caused by events beyond its reasonable control, including natural disaster, severe weather, industrial action, civil disruption, failure of utilities or transport, epidemic or a change in law. The affected party will notify the other promptly and will use reasonable efforts to resume performance.

If a force majeure event continues for a prolonged period, either party may terminate the affected part of the contract by written notice. Where termination occurs, the Client will pay for work properly carried out and for materials reasonably committed up to the date of termination.

The Company will keep records of the effect of a force majeure event so that the position can be explained clearly and any revised programme can be agreed fairly. Force majeure does not excuse a failure to pay for work that has already been completed.

18. Termination

Either party may terminate a contract immediately if the other commits a material breach that is not remedied within a reasonable period after written notice, or if the other becomes insolvent or ceases to trade. The Company may also suspend work where an invoice remains unpaid after a reasonable reminder.

On termination, the Client will pay for all work carried out and for materials and commitments properly incurred up to the date of termination. The Company will return or make available any Client property in its possession, subject to the right to retain items to the extent permitted by law for unpaid sums.

Termination does not affect any right or obligation that is intended to survive, including confidentiality, intellectual property, limitation of liability and the obligation to pay amounts due. Provisions that by their nature should continue will remain in force after the contract ends.

19. Website Use and Content

The content of this website is provided for general information about EXP CONSTRUCTION LTD and its services. While we take care to keep the information accurate, we do not warrant that every statement is complete or current, and nothing on the site forms a binding offer or technical specification.

You may view the site and print pages for your own reference. You may not copy, republish or redistribute substantial parts of the content for commercial purposes without written permission. Automated scraping that places unreasonable load on our servers is not permitted.

We may change, suspend or withdraw any part of the site at any time without notice. We do not guarantee uninterrupted availability, and we are not liable for any loss arising from the site being unavailable. Any links to third party sites are provided for convenience, and we do not control or endorse their content.

20. Privacy and Data

Personal data provided to the Company is handled in accordance with our Privacy Policy, which forms part of our commitment to lawful and transparent processing. The Privacy Policy explains what we collect, why we collect it, how long we keep it and the rights available to individuals.

Where the Company processes data belonging to a Client during the performance of a maintenance contract, it does so as a processor acting on the Clients documented instructions. The Client remains responsible for ensuring that it has a lawful basis to share that data with us and for telling affected individuals how their information is used.

The Company will implement appropriate technical and organisational measures to protect data against unauthorized access, loss or alteration, and will notify the Client without undue delay if a breach affecting the Clients data comes to its attention.

21. Governing Law and Disputes

These terms and any contract incorporating them are governed by the law of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales, except that either party may seek relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

If a dispute arises, the parties will first attempt to resolve it through good faith discussion between senior representatives. If discussion does not resolve the matter within a reasonable period, the parties may agree to mediation before commencing proceedings. Nothing in this clause prevents either party from seeking urgent interim relief.

Where a dispute concerns technical work, the parties may agree to appoint an independent expert to report on the issue. The expert will act as an expert and not as an arbitrator, and the parties will share the cost of the expert unless they agree otherwise or the expert directs otherwise.

22. General Provisions

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision will be replaced by a valid one that reflects the original intention as closely as possible. A failure to enforce a right on one occasion does not prevent its enforcement on another.

These terms, together with the accepted quotation and any agreed specification, form the entire agreement between the parties and supersede any prior discussion or representation, except that nothing excludes liability for fraudulent misrepresentation. No other document is incorporated unless expressly agreed in writing.

Neither party may assign or transfer its rights under the contract without the written consent of the other, except that the Company may assign to a group company or to a successor in the course of a business reorganisation. Notices must be in writing and sent to the address or email of the relevant party last notified in writing. A person who is not a party to the contract has no right to enforce any of its terms.

23. Contact Details

Questions about these terms, requests for clarification and formal notices should be sent to EXP CONSTRUCTION LTD at 18 Hollyhurst Road, Sutton Coldfield - B73 6SY, United Kingdom (GB). You can also email creative@expconstruction.autos or telephone +16816186224 during business hours.

We aim to answer queries about these terms promptly and in plain language. If you would like a copy of these terms in another format, please ask and we will do our best to accommodate the request.

These terms were last reviewed and updated in 2026. By continuing to use this website or to engage our services, you confirm that you accept the terms set out above.