The Oracle Guarantee Terms & Conditions

At Oracle, we are so confident in the accuracy and effectiveness of our advice that we make this bold promise: If you receive a fine from the Health and Safety Executive (HSE) for asbestos non-compliance after following our guidance, we will cover the entire fine. Yes, you read that correctly. We will pay the fine in full.

As with all guarantees this is subject to certain conditions which must be met by you as the customer. You can find the details of these conditions on this page. These conditions have been highlighted here so you can take full advantage of this guarantee and have real peace of mind when it comes to asbestos.

Our guarantee is a testament to the unwavering confidence we have in our services and the expertise of our team. We are the only company in the UK to offer such comprehensive protection against asbestos-related fines. With Oracle Solutions, you can rest assured knowing that you are in capable hands.

Below, we outline the terms and conditions of our guarantee, ensuring transparency and clarity every step of the way. Because when it comes to asbestos compliance and management, trust Oracle to deliver unmatched assurance and support.

Where the following conditions mention Property, Guarantee Period, Health Check Date or period of time and Customer Name are all referencing specifics as detailed on The Certificate of Guarantee. An example of which can be found here.

Oracle Solutions Asbestos Limited (Oracle/we/us) hereby guarantees that, if you as the Customer Name are fined by the Health and Safety Executive (HSE) for failure to comply with your obligations to manage asbestos  at the Property (pursuant to Regulation 4 of the Control of Asbestos Regulations 2012) during the Guarantee Period (‘asbestos-related fine’), Oracle will pay to you the amount of the asbestos-related fine paid by you to HSE provided that the following conditions are satisfied:

• We have carried out a ‘Health Check’ service for the Property during the 12-month period before HSE imposes any asbestos-related fine.
• At the time we carried out a ‘Health Check’, you had in place either:
  • an asbestos management survey report for the Property; or
  • a reinspection survey report for the Property (in respect of an original survey carried out on or after 1st January 2011),

carried out and issued by a UKAS accredited asbestos service provider during the 12-month period immediately preceding the date of Oracle’s last ‘Health Check’.

• We have issued you with a certificate of full ‘Health Check’ compliance for the Property within the 12-month period before HSE imposes any asbestos-related fine.
• You can demonstrate that you have carried out all actions required by the asbestos management plan and/or action plan issued by Oracle pursuant to the most recent ‘Health Check’, within the stipulated timeframes.
• You have complied with all advice and guidance from Oracle outlining your obligations under all asbestos related regulations, codes and/or practice/guidance notes in relation to the Property.
• You have:
  • notified us in writing within 7 days of receipt of notice from HSE that it is imposing an asbestos-related fine;
  • provided us with copies of all relevant correspondence with HSE in relation to the asbestos-related fine as soon as possible after receipt; and
  • complied with our reasonable requests in relation to disputing the asbestos-related fine/withholding payment of the asbestos-related fine.

Exceptions

This Oracle Guarantee will not apply:

• unless all services provided by Oracle to you have been paid for in full;
• if you have not given accurate, up to date or complete information for the ‘Health Check’ and/or any other services provided by Oracle and have not informed Oracle of any changes in relation to asbestos or associated data since the ‘Health Check’ was completed which could invalidate the original ‘Health Check’ result;
• in relation to asbestos containing materials at the Property which are not included within the ‘Health Check’ or any asbestos management survey (or reinspection survey);
• if the fabric of the Property has been altered since the last ‘Health Check’, including (but not limited to) as a result of maintenance work, refurbishment or demolition works at the Property; or
• in relation to fines imposed by HSE in connection with asbestos remediation/removal works not carried out by Oracle or other works where any asbestos is disturbed in the course of such work at the Property;

Third Party Rights

This Oracle Guarantee may not be transferred to or exercised by any party other than the Customer.

Law

This Oracle Guarantee shall be construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.

This Oracle Guarantee is only valid once the CEO of Oracle Solutions Asbestos Limited has signed and dated The Certificate of Guarantee.