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  • the Supplier shall have no liability to the Customer in respect of the Goods failure to comply with the warranty set out in clause 4 1 4 6 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by the Supplier under clause 4 2 5 TITLE AND RISK 5 1 The risk in the Goods shall pass to the Customer from despatch and the Customer shall arrange for the Goods to be insured with a reputable insurance provided and arrange for the Supplier s interest in the Goods to be noted on any such insurance policy 5 2 Title to the Goods shall not pass to the Customer until the Supplier receives payment in full in cash or cleared funds for the Goods and any other goods that the Supplier has supplied to the Customer in respect of which payment has become due in which case title to the Goods shall pass at the time of payment of all such sums 5 3 Until title to the Goods has passed to the Customer the Customer shall from the date of delivery 5 3 1 store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier s property 5 3 2 not remove deface or obscure any identifying mark or packaging on or relating to the Goods and maintain the Goods in satisfactory condition and keep them insured against all risks for their full price on the Supplier s behalf from the date of delivery 5 3 3 notify the Supplier immediately if it becomes subject to any of the events listed in clause 12 2 2 to clause 12 2 13 and 5 3 4 give the Supplier such information relating to the Goods as the Supplier may require from time to time 5 4 If before title to the Goods passes to the Customer the Customer becomes subject to any of the events listed in clause 12 2 2 to clause 12 2 13 then without limiting any other right or remedy the Supplier may at any time 5 4 1 require the Customer to deliver up all Goods in its possession which have not been resold or irrevocably incorporated into another product and 5 4 2 if the Customer fails to do so promptly enter any premises of the Customer or of any third party where the Goods are stored in order to recover them 5 5 If any inspection or testing is required prior to despatch other than the Supplier s standard works inspection or tests or if inspection or testing is required in the presence of the Customer s representative the Supplier will carry out such inspections or testing or provide the facilities for the same but the requirements of such inspections or tests shall be notified at the time of placing the Order and shall be paid for by the Customer and in addition to the quote 5 6 Where the Customer requires the equipment to be inspected or tested in the presence of its representative the Supplier will notify the Customer that the Goods are ready for inspection and testing and the Customer s representative shall attend for such inspection and testing within 7 days of the date of notification otherwise the Supplier will carry out the inspection and testing and such inspection or testing shall be deemed to have been made in the presence of the Customer s representative 6 COMPLIANCE WITH LOCAL LAWS The Supplier does not accept responsibility for civil works or foundations or for compliance with statutory regulations or local by laws or for the fulfilment of any special requirements binding upon the Customer When the Goods are supplied for use in conjunction with equipment and or structures which are not supplied by the Supplier the Customer shall be solely responsible for ensuring that such equipment and or structures are in all respects suitable and adequate for the purpose and are properly installed The Supplier shall not be liable for any adaptation of the Supplier s design or manufactures made by someone other than the Supplier to suit the Customer s own circumstances The Customer is responsible for procuring an adequate import licence and shall be responsible for any fees or charges levied by the issuing authority 7 ERECTION OF MACHINARY 7 1 The Supplier shall be entitled to employ or engage members of any signatory Trade Unions to the Mechanical Construction Engineering Agreement on any site work 7 2 When the erection has been completed the Customer will be notified by the Supplier accordingly and will be asked to provide a witness to attend the commissioning of the equipment and to sign the handing over Standard Acceptance Certificate In the event that the Customer does not provide such a witness the equipment will nevertheless be commissioned and if found satisfactory by the Supplier will be deemed to have been handed over and a certificate to that effect will be issued and will be deemed to have been given to the Customer 7 3 For the purposes of clause 7 2 the erection shall be deemed to be complete if the equipment is fit for commercial use notwithstanding minor omissions or defects which do not materially affect commercial use of the erection 7 4 Where the Supplier is only responsible for supervision of the erection the Customer shall supply suitable labour and tackle to carry out the erection of the equipment under the supervision of the Supplier s foreman erectors The Customer shall ensure that any building in which the machinery is to be erected shall be sufficiently completed to give protection from the elements to both the machinery and the Supplier s personnel from the time of arrival on site Where the Customer requires special safety precautions when the Supplier s contractors are working on site including but not limited to provision of a temporary traffic control system flagmen and warning lamps such requirements shall be provided free of charge by the Customer The Customer shall be responsible for any additional costs and or expenses incurred by the Supplier if erection of any machinery is prevented delayed impeded or otherwise rendered more expensive by any act or omission of the Customer including failure to advise the Supplier of any special local conditions and any alteration by the Customer in the design quantities or specifications The Customer shall indemnify the Supplier on a full indemnity basis against any losses liabilities claims costs or expenses including legal fees or any other professional expenses arising out of the death or personal injury to any persons or any damage to any property caused by any defect suitability of any tackle or apparatus provided by the Customer except for any liabilities arising from the negligence of the Supplier or its servants or agents 8 CUSTOMER S OBLIGATIONS 8 1 The Customer shall 8 1 1 ensure that the terms of the Order are complete and accurate 8 1 2 provide the Supplier its employees agents consultants and subcontractors with access to the Customer s premises including a flat and level surface for lay out purposes and a suitable local power supply adjacent to any point of work both for the operation of the equipment and for portable electric tools all necessary weights slings access equipment and measuring instruments office accommodation and other facilities as reasonably required by the Supplier to deliver the Goods 8 1 3 ensure that where a mobile crane is required for erection purposes the Supplier has free and clear access to the site and will be able to operate and unload directly under the erection point 8 1 4 be responsible for all building and civil work including but not limited to foundations brick work cutting away grouting and making good and 8 2 Notwithstanding any other clause of these Conditions in the event that the Customer fails to comply with clause 8 1 the Supplier may 8 2 1 terminate the Contract with immediate effect or 8 2 2 delay or postpone delivery of the Goods and the Customer shall be liable for any expenses costs or liabilities including for the avoidance of doubt loss of profits legal and other professional expenses incurred by the Supplier as a result of the Customer s failure to comply with clause 8 1 9 CHARGES AND PAYMENT 9 1 Subject to clause 9 2 4 the price for Goods shall be the price set out in the Order Purchase Price The price of the Goods is exclusive of all costs and charges of packaging insurance transport of the Goods which shall be paid by the Customer when it pays for the Goods 9 2 The Supplier reserves the right to increase the price of the Goods by giving notice to the Customer at any time before delivery to reflect any increase in the cost of the Goods to the Supplier that is due to 9 2 1 any factor beyond the control of the Supplier including foreign exchange fluctuations increases in taxes and duties and increases in labour materials and other manufacturing costs 9 2 2 any request by the Customer to change the delivery date s quantities or types of Goods ordered 9 2 3 any delay caused by any instructions of the Customer in respect of the Goods or failure of the Customer to give the Supplier adequate or accurate information or instructions in respect of the Goods and 9 2 4 increase the price of the Goods by giving notice to the Customer at any time before delivery in accordance with the British Electrical and Allied Manufacturers Association Contract Price Adjustment formula and the BEAMA CPA Classes and Formula for contracts including erection as applicable 9 3 The Supplier shall invoice the Customer on or at any time after completion of delivery The Customer shall pay each invoice submitted by the Supplier within 30 days of the date of the invoice in full and in cleared funds to a bank account nominated in writing by the Supplier Time for payment shall be of the essence of the Contract 9 4 All amounts payable by the Customer under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time VAT Where any taxable supply for VAT purposes is made under the Contract by the Supplier to the Customer the Customer shall on receipt of a valid VAT invoice from the Supplier pay to the Supplier such additional amounts in respect of VAT as are chargeable on the supply of the Goods at the same time as payment is due for the supply of the Goods 9 5 If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment then 9 5 1 the Customer shall pay interest on the overdue amount at the rate of 4 per annum above Lloyds Bank plc s base rate from time to time such interest accruing on a daily basis from the due date until actual payment of the overdue amount whether before or after judgment The Customer shall pay the interest together with the overdue amount and 9 5 2 the Supplier shall have the right to cease Delivery of the Goods or suspend performance of the Contract until all debts due to the Supplier have been satisfied 9 6 The Customer shall pay all amounts due under the Contract in full without any set off counterclaim deduction or withholding except as required by law The Supplier may without limiting its other rights or remedies set off any amount owing to it by the Customer against any amount payable by the Supplier to the Customer 10 CONFIDENTIALITY The Customer shall keep in strict confidence all technical or commercial know how specifications inventions processes or initiatives which are of a confidential nature and have been disclosed by the Supplier its employees agents or subcontractors and any other confidential information concerning the Supplier s business its products and services which the receiving party may obtain The Customer shall only disclose such confidential information to those of its employees agents and subcontractors who need to know it for the purpose of discharging the receiving party s obligations under the Contract and shall ensure that such employees agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Contract The receiving party may also disclose such of the disclosing party s confidential information as is required to be disclosed by law any governmental or regulatory authority or by a court of competent jurisdiction This clause 10 shall survive termination of the Contract 11 LIMITATION OF LIABILITY 11 1 The Supplier shall under no circumstances whatever be liable to the Customer whether in contract tort including negligence breach of statutory duty or otherwise for any loss of profit or any indirect or consequential loss arising under or in connection with the Contract 11 2 The Supplier s total liability to the Customer in respect of all other losses arising under or in connection with the Contract whether in contract tort including negligence breach of statutory duty or otherwise shall be limited to repair or replacement of the Goods in no circumstances exceed the Purchase Price 11 3 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are to the fullest extent permitted by law excluded from the Contract 11 4 The Customer shall indemnify the Supplier on a full indemnity basis against any losses liabilities claims costs or expenses including legal fees or any other professional expenses arising from damage or injury to persons or property arising out of or in connection with the execution of the Contract and any claims arising under the Consumer Protection Act 1987 caused by or related to the improper use incorporation assembly processing storage or handling of the Goods by the Purchaser 11 5 This clause 11 shall survive termination of the Contract 12 TERMINATION 12 1 Without limiting its other rights or remedies the Supplier may terminate the Contract by giving the Customer not less than 1 months written notice 12 2 Without limiting its other rights or remedies each party may terminate the Contract with immediate effect by giving written notice to the other party if 12 2 1 the other party commits a material breach of its obligations under this Contract and if such breach is remediable fails to remedy that breach within 30 days after receipt of notice in writing to do so 12 2 2 the other party suspends or threatens to suspend payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or being a company or limited liability partnership is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or being an individual is deemed either unable to pay its debts or as having no reasonable prospect of so doing in either case within the meaning of section 268 of the Insolvency Act 1986 or being a partnership has any partner to whom any of the foregoing apply 12 2 3 the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts or makes a proposal for or enters into any compromise or arrangement with its creditors other than where a company for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party 12 2 4 a petition is filed a notice is given a resolution is passed or an order is made for or in connection with the winding up of the other party being a company other than for the sole purpose of a scheme for a solvent amalgamation of the other party with one or more other companies or the solvent reconstruction of that other party 12 2 5 the other party being an individual is the subject of a bankruptcy petition or order 12 2 6 a creditor or encumbrancer of the other party attaches or takes possession of or a distress execution sequestration or other such process is levied or enforced on or sued against the whole or any part of its assets and such attachment or process is not discharged within 14 days 12 2 7 an application is made to court or an order is made for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party being a company 12 2 8 the holder of a qualifying charge over the assets of the other party being a company has become entitled to appoint or has appointed an administrative receiver 12 2 9 a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party 12 2 10 any event occurs or proceeding is taken with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 12 2 2 to clause 12 2 9 inclusive 12 2 11 the other party suspends threatens to suspend ceases or threatens to cease to carry on all or substantially the whole of its business 12 2 12 the other party s financial position deteriorates to such an extent that in the Supplier s opinion the Customer s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy or 12 2 13 the other party being an individual dies or by reason of illness or incapacity whether mental or physical is incapable of

    Original URL path: http://www.lifting-systems.co.uk/terms-and-conditions/ (2016-04-26)
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  • Page SITEMAP Home About Us Facilities Structures Manufacture Survey Design Services Installations Testing Servicing Contact Us Sitemap Terms and Conditions Search 2016 Lifting Systems Ltd All Rights Reserved Terms Conditions Sitemap Site by Verto T 01604 766777 F 01604 766746

    Original URL path: http://www.lifting-systems.co.uk/sitemap/ (2016-04-26)
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  • Search Results | Lifting Systems
    Send To A Friend Bookmark Page Search Search Please enter your search query in the field above 2016 Lifting Systems Ltd All Rights Reserved Terms Conditions Sitemap Site by Verto T 01604 766777 F 01604 766746 E info lifting systems

    Original URL path: http://www.lifting-systems.co.uk/search/ (2016-04-26)
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  • Facilities | Lifting Systems Ltd
    of our fleet of fork lift trucks Service and Repair Bay 8m x 15m 1 OverHead Crane Outdoor Storage Yard 42m x 120m Profiling Machine 120t Punch Iron Worker Large bandsaw 700mm vice 33m box beam bed with automatic welding 100t of Calibarted Test Weights Scissor lifts for safe access 9 fork trucks ranging from 3t to 5t capacity 11 scissor lifts A fleet of fully kitted Mobile Workshop Vans

    Original URL path: http://www.lifting-systems.co.uk/about-us/facilities/ (2016-04-26)
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  • and Conditions Search Home About Us Meet the Team Print Page Send To A Friend Bookmark Page MEET THE TEAM 2016 Lifting Systems Ltd All Rights Reserved Terms Conditions Sitemap Site by Verto T 01604 766777 F 01604 766746 E

    Original URL path: http://www.lifting-systems.co.uk/about-us/meet-the-team/ (2016-04-26)
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  • pads or even the existing building columns If required we will recommend a chartered structural engineer to check the building or floor slab for suitability to sustain the crane and gantry loadings Using lazer measuring devices we accuratley obtain all the dimensions and levels if required before returning to base and meeting with our drawing office A general arrangement drawing is produced with 3d imaging Base plate loadings and reactions

    Original URL path: http://www.lifting-systems.co.uk/structures/design/ (2016-04-26)
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  • the data is rquested from the crane manufacturer This typically consists of crane mass wheel centres and wheel loads along with surge loadings and crane speeds The crane dimensions are added to the arrangement drawings to ensure it fits the building as required Design is carried out in accordance with the following codes LOADINGS BS EN 1991 1 1 2002 BS EN 1991 3 2006 STEELWORK BS EN 1993 1

    Original URL path: http://www.lifting-systems.co.uk/structures/manufacture/ (2016-04-26)
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  • procedures Material is checked against the delivery notes to ensure the correct lengths and the quality of the blasting and painting The material is allocated to a fabrication bay where an operative commences manufacture in strict accordance with our fabrication drawings On completion the steelwork is stamped quality checked and transported to the paint bay The steelwork is cleaned and masked ready for painting On completion the paint quality is

    Original URL path: http://www.lifting-systems.co.uk/structures/survey/ (2016-04-26)
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