Terms & Conditions
BASIC SERVICING – Terms & Conditions
- The Contractor will, between the hours of 8.00 am and 4.30 pm Monday to Friday, carry out the following services to the client’s plant as specified:-
(a) Inspect the plant and submit a report giving recommendations and observations.
(b) Clean, oil and carry out MINOR adjustments to the plant as considered necessary.
- The Contractor agrees to:-
(a) Make intermediate visits to the plant as quickly as possible when requested to do so.
(b) Send the necessary engineering personnel at regular intervals to carry out the stated servicing.
(c) Insure, and keep insured, his workmen and agents against all claims for which he may be responsible at Common Law.
- This agreement shall remain in force for the period stated overleaf and shall automatically continue for successive similar periods unless terminated by either party giving three months written notification to the other prior to the end of such a period.
- The annual charge payable overleaf shall be paid in advance, unless otherwise agreed, on the signing of the agreement. This charge may be adjusted on an annual basis taking into account such items as inflation, statutory requirements, additional taxation levied and/or agreements generally within the lift trade.
- The client will:-
(a) Pay an extra charge for call-out visits if necessary and for other work not covered under the terms of this Basic Service Agreement.
A minimum 2-hour charge applies to all call outs
(b) Pay an extra charge for extra visits if the Contractor is prevented from carrying out his contractual duties during the course of a regular visit or if service is required outside of the hours above.
(c) Pay an extra charge for statutory examinations or other repair work not covered in the terms of the agreement as stated above.
- The Client agrees to:–
(a) Make the plant available and allow access to the Contractors representatives in order for the latter to perform the duties outlined in 1a & b above.
(b) Generally keep clean those parts which are readily accessible including door tracks, panels etc.
- This agreement is not intended as a contract of insurance against accident or damage.
The Contractor shall not be responsible to the client for any loss of profit, of contracts, or any other loss of any kind.
The benefit of this agreement is not transferable unless agreed in writing by the Contractor.
This contract shall be constructed in all respects with regards to English Law.
ADDITIONAL CONDITIONS – SEMI COMPREHENSIVE CONTRACTS ONLY
1. The Contractor will, in addition to the services outlined above:-
(a) Attend calls within normal working hours at no extra charge to the client (Labour only).
(b) Carry out LGI 1 year examinations and tests. 5 & 10 year examinations are excluded.
(c) Work to be carried out between the hours of 8.00 am to 4.30 pm Monday to Friday unless otherwise agreed. In the latter case, a supplementary charge would be levied due to “out of normal hours” working.
(d) All materials would be subject to additional charge at our standard rates.
- Calls which are attended under the following circumstances will be chargeable at the Contractors prevailing hourly rate-
1) Calls due to mis-use or vandalism.
2) Calls which in the Contractors opinion are made without due cause and necessity.
3) Calls which are due to failure or interruption of the mains supply, building settlement, flooding or other acts of God.
4) Calls which are carried out outside of normal working hours.
EXCLUSIONS On all contracts, the following items are excluded from the Contractors obligations:-
TOTAL replacement of the main controller and repair/replacement of main PCB, main machine and, on hydraulic lifts, TOTAL replacement of the cylinder and ram. Modifications to comply with new or changed legislation. Statutory examinations unless included overleaf. Renewal/repair/replacement/redecoration of lift cars, lights and light fittings, gates, door frames, door sills, bottom tracks and similar. The renewal/repair/replacement/redecoration of lift enclosures. The replacement of obsolete components with new modern components which would result in a degree of “betterment.” In the latter case, a proportional charge would be made to cover the extra costs in fitting such superior
Comprehensive Contract – Terms and Conditions
During the Term and in accordance with the provision of this Contract Belvidere Lifts Ltd will in relation to the Equipment provide to the Customer, the Service.
- Replacement Parts
Any replacement part that Belvidere Lifts Ltd provides in the performance of the Service shall become the Customer’s property once installed or when paid for whichever is the later. A part removed from the Equipment, for which a replacement part is provided, shall become Belvideres’ property once the replacement part becomes the Customer’s property.
- Equipment Immobilization
On endeavoring to advise the appropriate representative of the Customer, Belvidere Lifts Ltd shall have the right (but not the obligation) to immobilize the Equipment if, In Belvidere Lifts Ltd reasonable opinion, not to do so may risk injury or damage to any person or property.
- Annual Fee
4.1 In consideration of Belvidere agreeing to perform the Service, the Customer undertakes to pay each Year annually in advance (unless otherwise specified or referred to in Section 1), without deducting or set off (other than any discount expressly provided in Section 1, the Annual Fee in the amount specified in Section 1 as varied in accordance with the provisions of Condition 4.2.
4.2 The Annual Fee shall be non-refundable and for the first Year shall be fixed at the rate appearing in Section 1. Thereafter Belvidere shall be entitled to increase the Annual Fee each Year, provided that any such increase together with any prior increases introduced pursuant to this Condition shall not as a percentage of the Annual Fee in respect of the first Year exceed the percentage increase in accordance with the index figures published by the Lift and Escalator Industry Association for the period from the Commencement Date to the date from which such increase is to be effective.
4.3 The Annual Fee and all other charges are expressed exclusive of VAT or other similar government levies or taxes which shall be payable by the Customer at the same time as the relevant Annual Fee or charge at the then prevailing rate. The non-payment by the Customer of the Annual Fee and other charges referred to in this Condition when due shall be deemed to be a breach of a material provision by the Customer of this Contract.
4.4 Belvidere Lifts Ltd reserves the right to charge the Customer interest at the rate of 2 per cent above the base rate of Barclays Bank plc from time to time in force where the Annual Fee or any part thereof remains unpaid for 30 days after the due date, and the Customer shall forfeit any right to claim any discounts from the Annual Fee expressly provided in Section 1 or otherwise.
This Contract shall commence on the Commencement Date specified in Section 1 and subject to any earlier termination as provided for in these Conditions, shall unless otherwise specified in Section 1, continue for an initial Term of five (5) Years (“the Initial Term”) and shall remain in force thereafter for periods of five (5) Years up to a maximum period of twenty (20) Years unless and until terminated by either party receiving from the other not less than three (3) months prior written notice of termination to expire at the end of the Initial Term or any subsequent five (5) Years period.
- Contract Clarification
6.1 The Customer undertakes to report promptly to Belvidere Lifts Ltd any irregular performance of, or defect in or damage to the Equipment.
6.2 During the Term the Customer shall use all reasonable endeavors to ensure that, and the Service shall exclude any work necessitated by the Customer failing to ensure that:-
- Proper environmental Conditions and clean electricity supplies are maintained for the Equipment.
- The Equipment is used in a normal and proper manner, including preventing a material change in the use or usage of the Equipment and the Equipment is not used to lift loads in excess of the specified competence of the Equipment.
- The Equipment is not vandalized, abused or misused and does not suffer accidental damage.
- The Equipment is kept clean, that no act or omission on the part of the Customer results in the cost of providing or the ability to provide the Service being adversely affected and that the Equipment is not damaged by the presence of or contaminated by water or other material.
6.3 During the Term the Customer will make available to Belvidere Lifts Ltd free of charge, all facilities, reasonable access services, including certified and tested barriers, scaffolding and lifting points and any necessary information to maintain the Equipment, Belvidere reasonably requires to enable Belvidere Lifts Ltd to perform the Service.
6.4 The Customer will comply with The Health and Safety at Work etc. Act 1974, The Management of Health and Safety at Work Regulations 1992 and all other environmental, health and safety and other related Acts, regulations, codes and legal obligations and good safety practices. Belvidere may suspend the Service a) if Belvidere informs the Customer that work outside the scope of the Service is required for the safe or efficient operation of the Equipment or the performance of the Service and the Customer fails to have the work carried out or b) which may involve exposure to Hazardous Material. The Customer will at its expense promptly remove or neutralize the effects of the Hazardous Material. Hazardous material includes any hazardous or toxic material (which may if brought into contact or close proximity to a Belvidere employee have adverse consequences to health), techniques or processes.
6.5 The Service does not include any work or materials in relation to a) the replacement of the gearbox, worm or wheel, the controller or the central processing unit or mother boards, the main drive motor, the motor generator set and where applicable hydraulic cylinders, pistons, hydraulic tank and power packs, and any part or assembly which is no longer in commercial manufacture or is not readily available, b) decorative and architectural finishes, c) the cleaning of bottom tracks and shaft enclosures, repair/renewal/replacement/redecoration of lift cars, lights and light fittings, gates, door frames, door sills, bottom tracks and similar. The renewal/repair/replacement/redecoration of lift enclosures or d) any work resulting from shrinkage or settlement of the premises and on hydraulic lifts the inspection or replacement of buried or sunken piping or cylinders if these extend below the bottom of the shaft.
6.6 Not withstanding any other provision of this Contract in no event shall the Service include work required by accidental damage or other than fair wear and tear incurred in the ordinary and proper use of the Equipment.
6.7 Unless otherwise expressly provided in the Scope of Service the Service does not include any work necessitated a) as a result of any failure by the Customer to comply with the provision of Conditions 6.1 to 6.6 inclusive; b) to repair or replace car light bulbs and all car fixtures and fittings; c) by the Equipment not being in a safe or satisfactory Condition at the Commencement Date or d) by modifications to the Equipment not performed by Belvidere Lifts Ltd.
6.8 Belvidere Lifts Ltd may charge and the Customer agrees to pay Belvidere Lifts Ltd for any call out to the Equipment where a) no fault exists with the Equipment or b) the cause of the fault is other than fair wear and tear or c) the service is not described in the Scope of Service as being included in the Service. Charges shall be calculated at Belvideres’ then prevailing rates for such a visit with a minimum charge equal to the then charge for three (3) hours of a Belvidere Lifts engineer’s time.
6.9 Belvidere Lifts Ltd accepts no responsibility for, and the Customer shall pay to remedy or repair any damage to the Equipment or the Building arising from the proper performance by Belvidere Lifts Ltd of any examination or test undertaken at the request of the Customer or a competent person.
7.1 Either party (“the fault free party”) may terminate this Contract forthwith:-
- If the other party has committed a breach of a material provision of this Contract and fails to remedy such breach within a reasonable period being seven (7) days in the case of the Customer’s default in payment of the Annual Fee or any part thereof and not less than sixty (60) days in the case of any other breach) of receiving a written notice expressed to be pursuant to this Condition from the fault free party identifying the breach and requesting its remedy expressly pursuant to this Condition; or
b If the other party has entered into any composition or arrangement (whether formal or informal ) with the other party’s creditors or has a bankruptcy order made against the other party
under Section 123 of the 1986 Insolvency Act or becomes the subject of a voluntary arrangement under Section 1 of the said Act or is unable to pay its debts within the meaning of Section
123 of the said Act, or has a receiver, manager, administrator or administrative receiver appointed over its undertaking, assets or income or any part thereof or has passed a resolution for
Its winding up or suffers any distress or execution or has otherwise ceased to trade.
7.2 The Customer shall be deemed to be in breach of a material provision of this Contract, and Belvidere Lifts Ltd may terminate the Contract (as to that part of the Equipment) where work has been undertaken on the Equipment by a person other than an employee of Belvidere Lifts Ltd, and where as a result of such work, to perform the Service may in Belvidere reasonable view give rise to the risk of physical injury to Belvidere Lifts employees or a user of the Equipment or require a material change in the Service, or the cost of providing the Service. Where the Customer sells or otherwise disposes of its interest in the Building, the Customer may assign that part of this Contract with Belvidere Lifts Ltd consent such consent to be approved and confirmed in writing.
7.3 Where the Customer is in breach of a material provision of this Contract Belvidere Lifts Ltd may at its election suspend the Contract (but without affecting the Customer’s obligation to pay
the Annual Fee) until such time as breach is remedied. Where the breach is default in payment of the Annual Fee or any part thereof Belvidere Lifts Ltd shall be at liberty to demand security for payment before performing or restoring the performance of the Service.
7.4 The parties agree that the Customer may serve upon Belvidere Lifts Ltd one (1) month’s prior written notice to terminate the Contract. The notice shall only be effective and the Contract shall Only terminate upon the Customer paying to Belvidere Lifts Ltd as liquidated damages a sum equal to the value of the remaining Term of Contract. the then prevailing Annual Fee for one half
Of the balance of the remaining term subject to a minimum of the then prevailing Annual Fee for six months.
8 Limit of Liability
8.1 Neither party shall be liable for any delay in performing any of its obligations hereunder if such delay is caused by circumstances beyond the reasonable control of the party so
Delayed and such party shall be entitled to a reasonable extension of time for the performance of such obligations. Where Belvidere Lifts Ltd anticipates such delay will continue for more than three (3) months then either party shall be entitled to terminate this Contract free of penalty or payment of damages.
8.2 Belvidere Lifts Ltd will be responsible to repair, replace or renew physical damage caused to the Customer’s property or compensate for personal injury including death to any
person to the extent such damage or injury is caused by Belvidere Lifts Ltd negligence, but not otherwise. Provided that Belvidere Lifts Ltd total liability for such personal injury including death shall be unlimited and for the repair, replacement or renewal of physical damage to the Customer’s property (including damage caused by breach of Contract, tort or breach of statutory duty) shall under no circumstances in the aggregate exceed £1,000,000.
8.3 Except as expressly provided for in Condition 8.2 above, and Belvidere Lifts Ltd sub Contractors their respective servants or agents shall be liable to the Customer by way of
Indemnity or otherwise for breach of Contract or statutory duty or in tort (including negligence) in respect of defects in the provision of or failure to perform the Contract. In no
circumstances whatsoever shall Belvidere Lifts Ltd be liable for Economic Loss.
8.4 In the performance by Belvidere Lifts Ltd of its obligations hereunder time shall not be of the essence.
9. Entire Contracts and Priority
These conditions in conjunction with the Scope of Service and Section 1:-
a Subject to Condition 10, constitute the entire Contract between the parties and shall not incorporate or be deemed to incorporate the provision of any other or extraneous document.
b Shall supersede the provision of any previous Contract, warranty or representation made or given relating to the Service or Equipment the subject of this Contract.
c For the purpose of the Contracts (Rights of Third Parties) Act 1999, Belvidere Lifts Ltd and the Customer do not intend that any term contained in this Contract to be enforceable by any
person who is not party to this Contract.
10 Variation to Contract
No variation, extension, omission or cancellation of the express Terms of this Contract shall be binding upon Belvidere Lifts Ltd unless and until it is confirmed in writing under the hand or aduly authorised officer of Belvidere Lifts Ltd.
The obligations accepted as part of the Scope of Contract to undertake legal health and safety inspections and certifications are limited to the obligations to perform such inspection and Certifications current at the Commencement Date.
Headings to these Conditions are included for convenience only and do not constitute a part hereof.
12 Law and Jurisdiction
This Contract is governed by and shall be construed in accordance with the law of the country in which it is made. The parties submit to the non-exclusive jurisdiction of the English courts.
13.1 In these Conditions, the Scope of Contract and Section 1 the following expressions shall have the means set out in this Condition 13:-
“Breakdown” means a occurrence to any unit of Equipment, not caused by an event identified in Condition 6.7, which renders the unit of Equipment incapable of operation (and if the unit
Form part of a group of lifts no other lift in the group is operations) or likely to entrap or cause physical injury to any passenger.
“Conditions” mean these Terms and Conditions of Contract which together with the Scope of Service and Section 1, constitute the entire Contract (“the Contract”) for the provision of the Service.
“Economic Loss” means any loss of the following kinds whether direct or indirect or consequential and whether or not foreseeable a) loss of rent, profits, revenue or business opportunity; b) damages representing or calculated by reference to rent, diminution in the value of property or accommodation or the payment to or reimbursement for payments to third parties and c) economic or pecuniary loss or damage whatsoever or howsoever occurring that may be suffered by the Customer or by any third party.
“First Years” means that period of 12 months commencing on the Commencement Date.
“The Equipment” means each unit (“unit”) of Equipment specified in Section 1, which part of Section 1 may from time to time be varied by the mutual agreement of the parties.
“The Service” means the Service to be provided by Belvidere Lifts Ltd to the Customer in relation to the Equipment in accordance with the Contract, details of which are set out in the Scope of Service.
“The Scope of Contract” means that part of this Contract which details the Service.
“The Term” means the hours between 0800 and 16.30 on each Monday to Friday inclusive excluding public and bank holidays unless varied in Section 1.
“Years” means a) the First Years, and b) any subsequent period during the Term of 12 months commencing on an anniversary of the Commencement Date.
13.2 Words and phrases defined in Section 1 shall have the same meaning in these Conditions and the Scope of Service.
|Installation – Terms and Conditions :Belvidere are willing to enter into any appropriate recognised standard form of Contract provided the following extracts from our terms and conditions are included and take precedence. In the meantime our quotation is given on the basis that any order will be placed on our terms and conditions. Full details of our terms and conditions will be supplied on request. Where these are not requested, you will be deemed to have full knowledge of them. Your particular attention is drawn to the following extracts from our terms and conditions:|
Our offer remains open for acceptance for a period of 90 days. We have the right to withdraw our offer at any period.
Our General Arrangement/Builder’s Work drawings and any agreed technical specification variances shall constitute the entire scope of work.
Our terms of payment are as follows:
|Payment 1||Invoiced upon drawing issue (manufacture of the lift cannot commence until this payment is received as cleared funds)||30% of the contract value|
|Payment 2||Invoiced upon manufacture (delivery of the lift cannot take place until this payment is received as cleared funds)||50% of the contract value|
|Payment 3||Invoiced upon final commissioning||20% of the contract value|
We do not accept the withholding of retention.
We will not accept any monies being withheld or set-off unless agreed and in writing, by the Main Contractor and approved in writing by Belvidere Any monies approved are limited only to the sub-contract applicable.
We will deliver the goods to the named site. Assistance may be required for unloading, however, a watertight and lockable, rent free space should be allocated, close to the point of installation. If no suitable space is available then container storage can be delivered to site for an additional cost to the sub contract.
Before installation can commence, the site must be clean and wholly ready for our works and the use of utilities available in accordance with our schedule of attendances and site ready questionnaire.
Except in the case of personal injury (including death) our aggregate liability for making good any physical damage to the works or other property shall not exceed an amount of £5 million.
Any literature issued is intended to be a representative only of the overall design. We reserve the right to change specifications / designs at any time.
The Purchaser shall pay all reasonable costs properly incurred by us, if any order is cancelled for whatever reason, other than cancellation by us. Details of cancellation charges shall be made available upon cancellation
The following information is based on our standard requirements for manufacture, delivery, installation, testing and commissioning into service. These can be changed to suite programme if they are not acceptable.
From receipt of order / formal instruction to proceed:-
|Drawings: from confirmation of lift shaft details and finishes||
|Manufacture off site: Notice to manufacture required||
|Delivery to site.||
|Installation and commissioning: Per unit||
Working hours are Monday – Friday. 8:0 am till 5:00 pm.
Bank holidays are excluded from the above site times.
Installation for groups of units may result in reduced installation times. Please discuss programme to reduce site times
When the lifts are ready for delivery, if for any reason the site delivery and installation is delayed then storage will be charged at a rate of £128 per week until instruction is given to deliver and commence site installation.
Our price is based upon carrying out the works in one visit with continuous uninterrupted working and sufficient clear area being made available to set out and install. If we are prevented from working continuously and uninterrupted, we shall recover from the Purchaser any costs incurred by way of delay and/or abortive site visits which shall be inclusive of the costs of re-visiting site.
LIQUIDATED AND ASCERTAINED DAMAGES
Liquidated and Ascertained Damages will be subject to a level not exceeding 1.0% of the contract sum per week of delay, up to a maximum liability of 5% of the sub contract sum in full satisfaction of any liability for delay whatsoever in the performance of our works.
Notwithstanding any other term of contract, we shall not be liable by way of indemnity, breach of contract or statutory duty or tort (including negligence) for any loss of profit, loss of use, loss of contract or for any financial or economic loss or for any indirect or consequential loss or damage.
INSTALLATION DEFECTS AND 12 MONTH WARRANTY
The works will be deemed practically complete once we have completed testing and handed over the lift to the purchaser. From this time the insurance and protection responsibility shall transfer to either the Purchaser or the end user.
The defects liability is for 12 months and will commence upon handover of the lift, unless otherwise agreed in writing. Where included within our quotation 12 months maintenance will commence from the date of handover, unless other wise stated and agreed in writing. Any guarantee / Service agreement excludes damage caused by misuse and accidental damage.
Shortly after handover of the lift an Operations Manual will be issued to the Purchaser.
LOCAL AUTHORITY / STATUTORY APPROVALS
We do not include for any costs associated with Surveyors, Local Authority approvals, insurance inspections or any other requirements of any other bodies. No approvals shall be given regarding the suitability of the lift shaft design / construction, machine room design / construction, electrical suitability or any other item outside of our control.