Specialist Lifting Solutions
Terms & Conditions
Please read the following terms and conditions carefully. These terms apply to all specialist lifting solutions services and contracts.
1. Definitions: In this document the following terms have the meanings :-
Company - Refers to Specialist Lifting Solutions, 1 st Floor, 2 Woodberry Grove, Finchley, London N12 0DR
The Customer - Refers to the person, firm or Company with whom the Company contracts our service(s).
Service(s) – Refers to the work undertaken which is subject to the terms of the individual Contract.
2. These Conditions of Business shall apply to all agreed service transactions between the Company and the Customer. No terms and conditions put forward by the customer in conflict with these terms and conditions shall be incorporated into the Contract unless separately agreed in writing and signed by the director of the company.
3. All times quoted for delivery and/or relocation on agreed dates are estimates only and while the Company will use all reasonable means to ensure it complies with any estimates given, the Company will not be liable for any failure to comply with any such estimate or for any direct or consequential loss resulting there from.
4. The Service(s) supplied to the customer: (a) Other than by reason of company negligence, we will not be liable for delays in transit. (b) If through no fault of our own we are unable to complete our service, the customer may liable for part or full payment. At the discretion of the company. (c) This includes incorrect survey data gathered by the customer or parties acting on behalf of the customer. All weights and dimensions must be accurate at the time the service(s) are carried out. (d) If for any reason we (Specialist Lifting Solutions) cannot complete the work proposed we cannot be held liable for any costs incurred as a result of non-completion.
5. Subject to any other provisions of these conditions, the contract may not be cancelled without any prior written consent of the Company, which will only be given on terms that the Company is to be indemnified against all costs incurred up to the date of such cancellation. In the event that the Customer cancels the contract, the customer shall, with regards to any services that are the subject of the Contract, reimburse the Company the amount or amounts of any work undertaken, time expanded and costs incurred in connection with the Customers contract together with a reasonable profit margin. Cancellation must be made in writing within 2 working days prior to the commencement of contracted works, the company reserve the right to retain all or part of any sums received for the contracted works.
6. All prices quoted are the Company's price ruling at the date the relevant quotation is given and based on current costs incurred. Contracts are accepted only on the basis that the actual price payable under the Contract shall be the Company's price ruling at the date of the relevant undertaking. If any extra cost is incurred by reason of any additional instructions, or any error or omissions in instructions submitted by the Customer, or if the Customer requests any extra services not outlined in the contract, then the Customer shall bear any relevant extra costs.
7. Payment must be made at the time of contract commencement or times specified in the Company's quotation. If no such time is specified then the payment for all service(s) must be made in full within 30 days of the invoice date. Interest will be charged at 2.5% per day of any and all outstanding balances.
8. Any liability upon the Company is subject to the terms of payment and all other obligations of the Customer being strictly observed. The customer shall not be entitled to withhold payment of any amount payable to the Company under any Contract or otherwise because of any disputed claim against the Company.
9. The Company shall be entitled without prejudice to terminate wholly or in part any Contract between the Company and the Customer or to suspend any further services under any Contract(s) in any of the following events: 9.1 If any sum owing from the Customer to the Company for any reason what so ever is unpaid after the due date for payment. 9.2 If the Customer refuses to accept services or to accept (as the case may be) any delivered items. 9.3 If the Company has any reason to doubt the credit worthiness of the Customer, where the payment is to be made after services are completed. 9.4 Or if the Customer commits any breech of any Contract between the Company and the Customer. 9.5 Any additional waiting time which is not stated as part of the initial contract will be charged at an additional rate of £50 per hour.
10. The Company accepts no liability for delay or non fulfilment of any term of the Contract caused wholly or in part by “force”, which expression shall be deemed to include war, strikes, accidents, fire or any other cause or causes not within the Company’s direct control.
11. The Contract shall be construed in accordance with English law which shall be the proper law of the Contract and the English Court shall have sole jurisdiction in relation to the provisions contained in these Conditions.
12. The clause headings in these Conditions are for convenience only and shall not affect their interpretation in any way.
13. The Company assumes that the Customer has complied with every applicable statute, by-law and other requirements of the Government or any local authority. The obtaining by the Customer of all necessary licenses, permits and consents, which may be required, is a condition precedent to the performance by the Company or any of its obligations under the Contract.
14. These Conditions are stipulated by the Company on its own behalf and on behalf of all its employees and apply for the protection of all employees of the Company. The Customer undertakes not to sue or make any claim against any employee of the Company in respect of any alleged negligence or other default of that employee in relation to the carrying out, failure to carry out or breech of any Contract.
15. The Customer acknowledges and agrees by placing orders with the Company that: 15.1 This is a transaction into which both parties are freely entering. 15.2 There are clauses contained in these Conditions which exclude, limit or modify the liability of the Company its employees.
16 Specialist Lifting Solutions will not be liable in the following circumstance when loading, unloading or during transit: ·Loss or damage to food and drink, furs, jewellery, watches, precious metals and stones, deeds, bonds, bills of exchange, promissory notes, monies, or security for monies, stamps of all kinds, manuscripts and other documents. ·Los or damage caused by, or arising from wear, tear, gradual deterioration, mildew, moths, vermin, or any process of cleaning, repairing or restoring. ·Mechanical and or electrical derangement unless caused by external means ·Breakage of owner packed goods unless caused by a major accident to the means of conveyance ·Loss or damage occurring in premises where the goods are stored, warehoused or temporarily housed in the course of transit.
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