Terms and Conditions of Service

These terms are intended to operate with the relevant quotation, scope of work, service contract and, where applicable, Risk Assessment and Method Statement (RAMS).

1. Definitions and contract documents

"Customer" means the person or organisation purchasing the Services. "Consumer" means an individual acting wholly or mainly outside their trade, business, craft or profession. "Business Customer" means any other Customer. "Services" means the work described in the Quotation.

The contract comprises, in order of job specific relevance: (a) any written variation agreed by Sublime and the Customer; (b) the Quotation or accepted scope; (c) any signed Service Contract; (d) these Terms; and (e) the applicable RAMS and site specific safety documents. If documents conflict, the more specific written job requirement will normally take priority over a general provision, except where this would reduce a mandatory legal right.

2. Quotations and scope

Quotations are based on the information and access available at the time of assessment. The Quotation defines the surfaces, equipment, vehicle areas, contaminants and outcomes included in the agreed scope. Unless expressly included, dismantling, mechanical repair, electrical work, hazardous waste disposal, specialist access equipment, post-clean sanitisation, coating removal, corrosion repair and restoration are excluded.

Estimates of duration, media use and productivity are made in good faith but can be affected by contamination thickness, substrate condition, access, temperature, moisture, equipment condition and other site factors.

3. Prices, deposits and payment

Prices are exclusive of VAT unless stated otherwise. The Quotation will state any deposit or advance payment required. For Business Customers, Sublime's standard arrangement may be a 50% deposit with the balance invoiced on completion and payable within 14 days, unless the Quotation states otherwise.

For Business Customers, overdue qualifying commercial debts may attract statutory interest and recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998.

Consumer deposits, advance payments and cancellation charges will be handled in accordance with applicable consumer law and clause 15 below.

4. Changes and additional work

If conditions found after work begins differ materially from those described or reasonably visible at quotation stage, Sublime may pause the work and discuss a revised method, price or programme. Additional work will not normally be charged without the Customer's agreement, except reasonable emergency measures necessary to make an area safe or protect property.

5. Customer information and disclosure

The Customer must provide accurate information reasonably needed to assess and perform the Services. This includes known defects, previous repairs, coatings, fragile components, hazardous contamination, sensitive electronics, pressurised systems, site restrictions, permits, security requirements and any manufacturer or regulatory limitations relevant to the work.

Sublime is entitled to rely on technical and safety information supplied by the Customer unless it is obviously incorrect.

6. Access and site preparation

For work at the Customer's premises, the Customer must provide safe and timely access to the agreed work area and any utilities, permits, inductions, isolation arrangements or welfare facilities stated in the Quotation or RAMS. The Customer is responsible for isolating, locking out and tagging machinery, electrical systems or processes where the agreed RAMS assigns that responsibility to the Customer.

Sublime may charge reasonable abortive visit, waiting, remobilisation or additional hire costs where work cannot proceed because agreed access or site preparation has not been provided, subject to applicable consumer law.

7. Health, safety and environmental controls

Sublime will plan and perform work using appropriate risk assessments, method statements, PPE, exclusion zones, ventilation and monitoring appropriate to the job. Dry ice sublimates into carbon dioxide gas, and adequate ventilation and CO₂ control are essential.

Sublime may stop, postpone or alter work immediately where an operative reasonably believes conditions are unsafe, the agreed controls are unavailable, contamination differs materially from that disclosed, or continuing may cause unacceptable damage. Safety related stoppages will be dealt with reasonably according to their cause.

8. Nature and limitations of dry ice blasting

Dry ice blasting is generally a non-abrasive cleaning process, but its effect depends on the substrate, coating, contamination, pressure, media delivery, nozzle, stand-off distance and condition of the item. Sublime will use reasonable care and skill and will adjust the process to the application.

No cleaning process can guarantee complete removal of every contaminant or a particular cosmetic finish unless expressly stated in the Quotation. Dry ice blasting may expose pre-existing corrosion, failing paint, weak coatings, poor repairs, brittle plastics, deteriorated seals, loose wiring, damaged fixings or other defects that were concealed by dirt, grease, coatings or underseal.

Where appropriate, Sublime may perform a test area or commence at conservative settings before increasing treatment intensity. Sublime may decline to continue on a surface it considers unsuitable.

9. Pre-existing condition and customer property

Where practical, Sublime may create a photographic or written condition record before work. Sublime is not responsible for pre-existing damage or deterioration, nor for failure of a component caused by an underlying defect that could not reasonably have been identified before treatment.

Nothing in this clause excludes responsibility for damage caused by Sublime's failure to exercise reasonable care and skill or any liability that cannot lawfully be excluded.

10. Automotive and vehicle work

The Customer must disclose known mechanical, electrical, bodywork, paint, underbody, corrosion and modification issues relevant to the work. Classic, historic, restored and modified vehicles may contain aged, non-standard or fragile components and will be treated accordingly.

Sublime may move or operate a vehicle to the extent reasonably necessary for workshop positioning, inspection, testing or completion of the agreed work. Unless specifically agreed, Sublime does not undertake mechanical diagnosis or certify roadworthiness.

Where a preservation, corrosion protection, ceramic, wax, lanolin based or other coating is applied, the product manufacturer's limitations, preparation requirements and maintenance guidance also apply. Any stated durability is an expectation or manufacturer backed period only where expressly confirmed in writing and is not an unconditional guarantee against corrosion or deterioration.

11. Industrial and specialist environments

For machinery and industrial work, the Customer remains responsible for process isolation, plant status and return to service decisions unless expressly included in Sublime's scope. Sensitive components such as sensors, seals, bearings and exposed electrical equipment must be identified so that suitable protection or process adjustments can be made.

For food production work, dry ice blasting removes contamination but is not, by itself, a food safe sanitisation process. Final sanitation and release back to production remain the Customer's responsibility unless expressly included.

For aviation work, any inspection, maintenance release or return to service certification must be carried out by the appropriately authorised person. Sublime does not provide airworthiness certification unless separately authorised and contracted to do so.

For marine work, contaminated residues, coatings and antifouling debris may require controlled containment and disposal. Responsibility and cost for specialist hazardous waste arrangements will be stated in the Quotation or site agreement.

12. Waste and contamination

Dry ice itself sublimates and does not create spent blast media. The cleaning process does, however, dislodge the original contamination. Unless the Quotation says otherwise, ordinary loose residue created by the work will be reasonably collected from the immediate work area. Hazardous, regulated or specialist waste remains subject to an agreed disposal arrangement and may involve additional cost.

13. Completion and results

The Services are complete when the agreed scope has been performed with reasonable care and skill, subject to any agreed acceptance or sign-off procedure. Before and after photographs or a service report may be provided where stated in the Quotation.

If the Customer believes the Services are defective or incomplete, it should notify Sublime promptly and provide a reasonable opportunity to inspect and, where appropriate, remedy the issue.

14. Cancellation and rescheduling, business customers

A Business Customer may request cancellation or rescheduling in writing. Unless the Quotation states a different arrangement, Sublime will act reasonably and may retain or charge amounts representing costs and losses directly caused by the cancellation, including committed dry ice, labour, travel, accommodation, equipment hire, subcontractor costs and lost booked capacity where reasonably demonstrable.

As an operational guide, Sublime may offer more favourable treatment for cancellations made more than five working days before mobilisation, but no fixed forfeiture provision overrides the requirement to assess the actual contractual position and losses.

15. Consumer cancellation rights

Where a Consumer enters into a qualifying distance or off-premises service contract, statutory cancellation rights may apply. In general, the cancellation period is 14 days beginning the day after the service contract is entered into.

If the Consumer expressly asks Sublime to begin Services during the cancellation period, the Consumer may be required to pay a proportionate amount for Services supplied before cancellation. If the Services have been fully performed during that period following the Consumer's express request and acknowledgement of the consequences, the statutory right to cancel may be lost where the law permits.

Any cancellation charge or retained advance payment will be fair and proportionate and will not exceed what Sublime is legally entitled to recover. The Consumer Cancellation Notice below is supplied where applicable.

16. Delays and events outside reasonable control

Sublime will not be responsible for delay caused by events outside its reasonable control, including unsafe site conditions, lack of access or isolation, severe weather affecting mobile operations, transport disruption, equipment breakdown despite reasonable maintenance, dry ice or utility supply interruption, or acts of third parties. Sublime will take reasonable steps to minimise disruption and rearrange the work.

17. Insurance and liability

Sublime maintains appropriate business insurance for its operations in the name of Way Out West Ltd. Current cover includes Public Liability insurance of £5,000,000 for any one occurrence and Employers' Liability insurance of £10,000,000 for any one occurrence, subject in each case to the policy terms, conditions, exclusions and applicable sub-limits. Evidence of cover can be provided on request or with project documentation.

Nothing in the contract excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

For Consumers, statutory rights, including the right to services performed with reasonable care and skill, are not excluded.

For Business Customers only, subject to the previous paragraphs and to the extent permitted by law, Sublime will not be liable for indirect or consequential loss, loss of profit, production, revenue, business opportunity or anticipated savings. Any financial cap on Sublime's aggregate liability for a particular contract is the amount expressly stated in the Quotation or Service Contract. If no cap is stated, no contractual cap is created by this paragraph alone.

18. Confidentiality and publicity

Each party will keep confidential commercially sensitive information received in connection with the work and use it only for the project or as required by law.

Sublime may retain photographs and project records for condition, quality, training, insurance and evidential purposes. Sublime will not publicly identify a security sensitive industrial site, confidential process or Business Customer in marketing material without permission. Any separate written confidentiality or non-disclosure agreement takes priority.

19. Data protection

Personal information will be handled in accordance with Sublime's Privacy Policy. The Customer must ensure it is entitled to provide Sublime with personal information about its staff, contractors or other contacts for project purposes.

20. Termination

Either party may terminate the contract for a serious material breach that is not remedied within a reasonable period after written notice, where remedy is possible. Sublime may suspend or terminate immediately where continuing the work would be unlawful or present a serious health, safety, security or environmental risk. Charges due for Services already performed and reasonable committed costs remain payable, subject to applicable consumer law.

21. General

If any provision is found unenforceable, the remaining provisions continue in effect. A delay in enforcing a right is not a waiver. No third party has a right to enforce the contract unless expressly stated. Variations should be recorded in writing.

22. Governing law and disputes

The contract is governed by the law of England and Wales. For Business Customers, the courts of England and Wales have exclusive jurisdiction unless otherwise agreed. Consumers retain any mandatory rights concerning where proceedings may be brought.

We encourage Customers to get in touch with Sublime first so that any concern can be investigated and resolved promptly.