Conditions of Contract Major & Minor Terms

CONDITIONS OF CONTRACT – Major Repairs

GENERAL – The acceptance of our tender includes the acceptance of the following terms and conditions. No conditions or terms stipulated incorporated or referred to by the purchaser are to annul or vary these conditions and terms unless expressly agreed to by Able Lifts Limited in writing.

VALIDITY – Unless previously withdrawn the tender is open for acceptance within the period stated therein or, when no period is stated, within 30 days only after its date.

DRAWINGS – All specifications, drawings and particulars submitted with the tender are approximate only and the descriptions and illustrations contained in Able Lifts Limited advertisement matter are intended merely to present a general idea of the goods therein and none of these shall form part of the contract when specified. When necessary Able Lifts Limited will provide two copies of general arrangement drawings giving details of builders work in preparation for our own work. If further drawings or revisions are required Able Lifts Limited reserves the right to apply an extra charge.

OVERTIME – Unless specifically stated to the contrary in writing, the tender is based on the assumption that all work will be carried out during ordinary working hours. If it shall be agreed that overtime be worked, this shall be added to the extra costs incurred overhead charges and profit.

DELIVERY AND COMPLETION – Estimated times for delivery and completion shall run from the date of receipt of the written order and of any such information, drawings, licences, permits and approvals as may be necessary to enable the work to proceed. All such times are to be treated as estimates only not involving any contractual obligation unless Able Lifts Limited has specifically contracted in writing to deliver or complete the work within a specified time or by a specified date. Any times for delivery and/or completion and the prices quoted are given on the understanding that the purchase shall at his own expense before the estimated date of delivery ensure that the site is ready to receive the goods and that all the facilities and items listed in the Schedule hereto have been or will be, provided by the purchaser when required by Able Lifts Limited in order to enable the work to proceed.

DELAY IN DELIVERY OR COMPLETION – Able Lift Limited shall not be liable for any delay or for any consequence of any delay in the production or delivery of any of the goods or the completion of the work if such delay shall be due to fire, strike, lockout, dispute with workmen, flood, accident, delay in transport, shortage of fuel, default of any sub-contractor, inability to obtain material and/or labour, embargo, act or demand or requirement of any government or any government department or local authority or as a consequence of war or of hostilities (whether war be declared or not) or any other cause whatsoever beyond Able Lifts Limited  reasonable control.  If any such delay occurs then (unless the cause thereof shall frustrate or render impossible or illegal the performance of this contract or shall otherwise discharge the same) the Able Lifts Limited period for performing our obligations shall be extended by such period (not limited to the length of the delay) as Able Lifts Limited may reasonably require to complete the performance of our obligations.

DELIVERY – No claim for damage in transit, shortage of delivery or loss of goods will be entertained unless, in the case of damage in transit or shortage of delivery a separate notice in writing is given to the carrier concerned within three days to Able Lifts Limited within seven days of the receipt of goods, followed by a complete claim in writing within fourteen days of receipt of goods, and in the case of loss of goods, notice in writing is given to the carrier concerned and to Able Lifts Limited and a complete claim in writing made within twenty-one days of the date of consignment. Where goods are accepted from the carrier concerned without being checked, the delivery book of the carrier concerned must be signed ‘not examined’.

STORAGE – Where the purchaser is unable to accept delivery of all or any of the goods within seven days after notification that they are ready for despatch he shall find and pay for suitable storage, maintenance and insurance. If Able Lifts Limited facilities permit we will at the purchaser’s written request store the goods at the purchaser’s risk and expense.

PASSING OF RISK – The goods or any part thereof shall be at the sole risk of the purchaser from the time that the same are delivered on site whether accepted by the purchaser or not or where the purchaser is unable to accept delivery of all or any part of the goods within seven days after notification that they are ready for despatch the said risk shall pass to the purchaser at the expiry of such seven day period. Once the risk has passed to the purchaser as aforesaid notwithstanding any other provisions herein such risk shall be incapable of being passed back to Able Lifts Limited.

TERMS OF PAYMENT – All quotations are strictly net cash unless otherwise stated and are exclusive of Value Added Tax or any similar or other taxes, levies or duties. Unless otherwise agreed, payment is to be made within fourteen days of the application in accordance with the following and upon expiration of such period shall be considered overdue:- TERMS OF PAYMENT (On all orders over £6500.00 net) – All quotations are strictly net cash unless otherwise stated and are exclusive of Value Added Tax.  Unless otherwise agreed, payment is to be made within fourteen days of the application in accordance with the following:

          1. Payment of 50% of the contract value shall be made at the time of placing the order.
          2. A further 30% of the contract value shall be paid on notification that the equipment is ready for despatch.
          3. The final 20% of the contract value, in the form of progress payments as installation finalised to maximum payment term of 2-weeks on completion, outstanding monies must be paid for any release of product/operational maintenance manuals to include test documents to be supplied to the customer.

Interest shall be paid on all overdue accounts from the date payment was due until actually made at two percent above the Lloyds Bank PLC Base rate during the period in which interest is payable.

If through no fault of Able Lifts Limited final adjustments cannot be made when installation is otherwise complete, payment shall nevertheless become due as though such final adjustments had been made. In the case of a contract for more than one lift, or other unit which is not proceeded with simultaneously, the terms of payment set out above shall apply as though there were a separate contract in respect of each such lift or other unit. Should the purchaser not accept delivery or allow commencement or completion of installation when the goods are ready, payment will become due as if delivery had been made or within reasonable time after installation would have commenced as the case may be.

All goods supplied by Able Lifts Limited shall remain our property until full payment of the contract price and we shall be entitled, in the event of the purchaser failing to pay, without prejudice to any other remedy in equity or at common law, in accordance with the terms of the contract, to enter the premises where such goods may then be and remove the same. Any disposition by the purchaser of any such goods shall be made subject to the exercise by Able Lifts Limited of such rights. If payment is not made in accordance with these terms, Able Lifts Limited shall be entitled to suspend work immediately and for any period that the interim payments are in arrears there shall be added a corresponding term to the contract period.

Notwithstanding the foregoing, payment with order or against pro-forma invoice may be required, at the discretion of Able Lifts Limited.

PRICE VARIATION – The prices quoted are based on materials and wage rates ruling at the date of tender and will be subject to adjustment in accordance with the Formula and indices for Lift Contract Price Adjustment. Alternatively, if the tender so states, firm prices are quoted on the understanding that the installation will be completed within the period specified. Should completion be delayed for any reason beyond that period Able Lifts Limited reserves the right to adjust the prices in accordance with the price adjustment Formula referred to above. All prices will be subject to further variation in respect of any addition costs arising by virtue of any statute, regulations or orders issued by any Government Department or other duly constituted authority.

Any adjustment required by the price adjustment provision and any variation of charge referred to above may be invoiced immediately that the amount thereof has been ascertained and be payable forthwith, and the provisions of clause 10 above in respect of interest payable on overdue accounts shall apply to any payments due under this clause should they become overdue.

IMPORTED MATERIALS – The tender price, where appropriate, allows for the cost of importing materials based upon the rates of exchange, tax or duty prevailing at the date of tender. In the event of any adjustment in such rates, between the date of tender and 14 days after receipt of sufficient payment to settle the overseas debt the supplier reserves the right to make an appropriate adjustment to the price.

GUARANTEE – Able Lift Limited hereby warrants the material and workmanship of the apparatus supplied under this contract and will make good any defects not due to ordinary wear and tear or to improper use or care which may develop within one year from the date of completion of work.

The guarantees shall only apply if, at completion the servicing is carried out by Able Lifts Limited or by a competent person approved by Able Lifts Limited and in accordance with a suitable servicing contract. It is a condition of the guarantee that the purchaser shall ensure that all accessible parts are kept clean, and that no person modifies, adjusts or interferes with the equipment without Able Lifts Limited prior approval. The benefit of this guarantee shall apply only to the purchaser.

 

GENERAL LIABILITY – Able Lifts Limited shall not under any circumstances whatsoever be liable for any loss, including damage or delay or for any consequence of any such loss arising out of any cause whatsoever beyond our reasonable control or any malfunctioning of or defect in or failure of any of the equipment or any loss of the use of any item of equipment. Able Lifts Limited will not under any circumstances whatsoever be liable for any consequential loss or damage however caused.

Able Lifts Limited shall not be liable for and the purchaser shall indemnify and hold us harmless against any claim for loss or damage to any property directly or indirectly occasioned by or arising from the use or operation (other than Able Lifts Limited) or possession of any of the equipment and from negligence (including the use of any part of the equipment otherwise than in accordance with Able Lifts Limited operating instructions and manuals) or default (including any non-compliance with any obligation of this agreement, any delay any wrong information and any lack of required information) or misuse by or on the part of the purchaser or any persons other than Able Lifts Limited.

This indemnity shall extend to any costs and expenses incurred by Able Lifts Limited and shall continue in force notwithstanding the termination of this agreement. The purchaser shall not use or permit to be used the whole or any part of the equipment the subject of this contract before it ahs been completed tested and handed over by Able Lifts Limited and in the event of any such unauthorised use Able Lifts Limited shall not be liable for any loss or damage arising there from.

INSTALLATION – Unless specifically stated to the contrary in writing, the installation will be carried out during ordinary working hours. The well and motor room shall be handed over properly completed and weather tight to Able Lifts Limited installers. Any extra cost incurred, owing to suspension of work, by the purchaser’s instructions, lack of instructions, interruptions, delays, overtime, unusual working hours, and additional work or variations or work for which Able Lifts Limited is not responsible or mistakes or any other causes outside Able Lifts Limited control, shall be added to the contract price. Any such charges shall be based upon Able Lifts Limited normal rates.

COMPLETION – Following completion of Able Lifts Limited tests, the work shall be considered complete. If the lift is not taken into normal service at this time, it shall be shut down, and Able Lifts Limited shall be entitled to additional payment at current rates from the purchaser for such servicing, cleaning, lubricating or other work as may be necessary to ensure its satisfactory condition when eventually taken into normal service.

PREVENTION OR FRUSTRATION – If the contract becomes impossible of performance or otherwise frustrated the purchaser shall be liable to pay Able Lifts Limited all costs, expenses, overheads, and any loss of profit which Able Lifts Limited, our suppliers or sub-contractors have incurred or for which there is liability under the contract at the time of frustration or impossibility of performance.

PATENTS – The Purchaser warrants that any design or instruction furnished or given by him shall not be such as will cause Able Lifts Limited to infringe any letter patent, registered design or trademark in the execution of the order.

QUOTED WORKS – All work & parts to be delivered, fixed and/or fitted during our normal working house, using both skilled and unskilled engineering services, but exclusive of any builder’s work, steelwork, cutting away or making good involved.

    1. Our tender, as herein, is subject to the Lift & Escalator Industry Associated ‘Conditions of Contract’ (LEIA – May 2014) a copy of which is available on request.
    2. Prices quoted are strictly net, exclusive of Value Added Tax.
    3. An additional charge will be made for any materials removed from the site which are subject to an environmental disposal cost.
    4. Should our engineers find that, during any works, any additional material and/or work are required, they will be provided, and the cost thereof will be included in our final invoice, unless you advise us to the contrary.
    5. Notwithstanding any other provision of the contract, the Lift Contractor shall not be liable to the Purchaser by way of indemnity or by reason of any breach of the contract or of statutory duty or by reason or tort (including but not limited to negligence) for any loss of profit or income or for any indirect or consequential damage whatsoever which may be suffered by the purchaser.

LAW APPLICABLE – The contract shall in all respects be subject to and construed in accordance with English law.

 

SCHEDULE

The tender excludes the following items unless otherwise stated in the tender and it shall be the responsibility of the purchaser to provide these to meet Able Lifts Limited requirements: 

    1. Calculations with regard to the building, the obtaining of any necessary permissions and the issue of any relevant notices.
    2. Builders work such as forming lift well, pit and machine room which shall be dry and free from dust with the necessary access according to local bye-laws, also, cutting away and making good and site painting. All work to be in compliance with British Standards, Codes of Practices, local bye-laws and any legislative requirements.
    3. Machine room floor including any reinforcement necessary for load bearing.
    4. Tested lifting beams in machine room where necessary marked with safe working load and any steelwork other than that specified in the tender.
    5. Any necessary drainage, tanking, lining or reinforcement of the pit.
    6. Steel surrounds for vertical bi-parting sliding doors.
    7. When required dividing beams for multiple wells and inter-well screens.
    8. Guarding of openings and other measures necessary to ensure the safety and convenience of the occupants and other personnel within the building. The protection of surrounds, surfaces, furnishings and access routes.
    9. Scaffolding, planks and ladders within or adjacent to the lift shaft(s) to Able Lift Services Limited requirements.
    10. Off-loading and storage for materials, tools and clothing in a suitably locked, dry, heated and illuminated storage space protected from theft and damage.
    11. Working lights and temporary and permanent electricity supplies to Able Lifts Limited requirements including the re-positioning and up-grading, where necessary, of mains switches and supply cables.
    12. Mess rooms, sanitary accommodation, and welfare facilities.
    13. Before lifts are tested ventilation or other arrangements to ensure a machine room temperature between 5°C and 40°C for traction lifts and between 15°C and 35°C for oil hydraulic lifts.
    14. Provision for reinforcement of pavements and floors, making suitable access and trucking, carnage and unskilled labour for handling equipment to its final position on site.
    15. Cleaning, renewal, or replacement of lift equipment damaged by dust produced from such processes as dry grinding of mosaic and other builder’s work.
    16. Extra costs due to surveyor’s fees or special requirements of government departments, local authorities, insurance companies, consultants, other bodies, or officials.
    17. Provision of safe and adequate access to the machine room and lift well to the satisfaction of the Health and Safety and Work etc. Act.

CONDITIONS OF CONTRACT FOR MINOR WORKS

GENERAL – The acceptance of our tender includes the acceptance of the following terms and conditions.  No conditions or terms stipulated, incorporated, or referred to by the purchaser are to annul or vary these conditions and terms unless expressly agreed to by the Supplier in writing.

VALIDITY – Unless previously withdrawn, the tender is open for acceptance within the period stated therein or, when no period is stated, within 30 days only after its date.

OVERTIME / DAYWORK – Unless specifically stated to the contrary in writing, the tender is based on the assumption that all work will be carried out during ordinary working hours.  If it shall be agreed that overtime be worked, this shall be added to the extra costs incurred overhead charges and profit.

Any work carried out on a day work basis shall, unless otherwise stated, be charged for in accordance with the rates published from time to time by the Lift & Escalator Industry Association appropriate at such time as the work is performed.

DELIVERY AND COMPLETION – Estimated times for delivery and completion shall run from the date of receipt of the written order and of any such information and approvals as may be necessary to enable the work to proceed.  All such times are to be treated as estimates only, not involving any contractual obligation.

TERMS OF PAYMENT (On all orders over £2500.00 net) – All quotations are strictly net cash unless otherwise stated and are exclusive of Value Added Tax.  Unless otherwise agreed, payment is to be made within fourteen days of the application in accordance with the following:

    • Payment of 50% of the contract value shall be made at the time of placing the order.
    • A further 30% of the contract value shall be paid on notification that the equipment is ready for dispatch.
    • The final 20% of the contract value shall be paid on completion.

All goods supplied by the supplier shall remain his property until full payment of the contract price.

If payment is not made in accordance with these terms, the supplier shall be entitled to suspend work immediately.

Subject to our terms and conditions of sale. 

PRICE VARIATION – The prices quoted are based on material and wage rates ruling at the date of tender and will be subject to adjustment in accordance with the C.P.A Index compiled by the Lift & Escalator Industry Association.  Alternatively, if the tender so states, firm prices area quoted on the understanding that the installation will be completed within the period specified.  Should completion be delayed for any reason beyond that period the supplier reserves the right to adjust the prices in accordance with the C.P.A Index referred to above.  

GUARANTEE – The supplier hereby warrants the material and workmanship of the apparatus supplied by him under the contract and will make good any defects arising out of faulty design, workmanship, or materials caried out or supplied by him not due to ordinary wear and tear or to improper use of care which may develop within one year from the date of completion of each installation.

The liability of the Supplier under this Clause 7 shall constitute its sole liability (save in respect of death or personal injury caused by the negligence of the Supplier) whether in contract, tort (including negligence) or otherwise in respect of any defects in the apparatus supplied hereunder and any warranties or conditions implied by law are hereby expressly excluded.

The guarantee shall only apply if, at completion, the servicing is carried out by the Supplier or by a competent person approved by him in accordance with a suitable servicing contract.

It is condition of the guarantee that the purchaser shall ensure that all accessible parts are kept clean, and that no person modifies, adjusts, or interferes with the equipment without the Suppliers prior approval.

 The benefit of this guarantee shall apply only to the purchaser.

GENERAL LIABILITY – The purchaser shall not use or permit to be used the whole or any part of the equipment the subject of this contract (“the Equipment”) before it has been completed, installed, tested and handed over by the Supplier.  If the Equipment or any part of it is used (other than by the Supplier) the purchaser shall indemnify the Supplier against any liability that may be incurred to any person whether arising directly or indirectly from such use.

Save in respect of death or personal injury caused by the negligence of the Supplier he shall not, either before or after the handing over of the Equipment, be liable for any loss and / or damage caused by or arising from the use of the Equipment otherwise than in accordance with instructions given by the supplier from time to time as to its operation and maintenance, and shall not, in any event be liable for any loss arising out of any cause beyond his reasonable control.

QUOTED WORKS – All work & parts to be delivered, fixed and/or fitted during our normal working house, using both skilled and unskilled engineering services, but exclusive of any builder’s work, steelwork, cutting away or making good involved.

    1. Our tender, as herein, is subject to the Lift & Escalator Industry Associated ‘Conditions of Contract’ (LEIA – May 2014) a copy of which is available on request.
    2. Prices quoted are strictly net, exclusive of Value Added Tax.
    3. An additional charge will be made for any materials removed from the site which are subject to an environmental disposal cost.
    4. Should our engineers find that, during any works, any additional material and/or work are required, they will be provided, and the cost thereof will be included in our final invoice, unless you advise us to the contrary.
    5. Notwithstanding any other provision of the contract, the Lift Contractor shall not be liable to the Purchaser by way of indemnity or by reason of any breach of the contract or of statutory duty or by reason or tort (including but not limited to negligence) for any loss of profit or income or for any indirect or consequential damage whatsoever which may be suffered by the purchaser.
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