PROJECTOR LIFTING SERVICE LTD

STANDARD CONDITIONS FOR
ERECTION, INSTALLATION AND DISMANTLING CONTRACT

1.1 “The Company” shall mean Projector Lifting Service Ltd and or its agents or Sub-Contractors.

1.2 “The customer” shall mean the Person or Firm who contracts for the services of the Company.

1.3 “The Equipment” shall mean all plant, machinery, materials and articles and all buildings and properties on which the work is to be carried out and which is specified in the Contract.

1.4 “The Work” shall mean the erection, installation or dismantling or supervision of erection, installation or dismantling or commissioning of the Equipment in accordance with the Contract.

1.5 “The Site” shall mean the location where the Work is to be performed.

1.6 “The Contract” shall mean the agreement between the Company and the Customer for the execution of the Work howsoever made including therein all documents to which reference may properly be made to ascertain the rights and obligation of the parties under the said agreement.

2.1 Unless otherwise stated payment of an invoice will be due within 30 days of its date without any deduction by reason of any alleged counter-claim or otherwise howsoever. Time of payment shall be of the essence of the Contract and where payments are to be made by stages or agreed intervals, the Customer’s neglect or refusal to make one or more stage payments shall entitle the Company, at its option and without prejudice to any other rights and remedies it may have to treat the whole of the Contracts as repudiated and to recover damages for such breach.

2.2 Unless otherwise stated interest on all sums due shall run at the rate of five per cent above the base rate of National Westminster Bank limited for the date due until payment is received after as well as before any judgement therefore.

3. The Customer warrants that it is either the owner or the authorised agent of the owner of the Equipment and is accordingly authorised to accept and does so accept these Conditions on its own behalf and on behalf of all other interested parties.

4. All quotations given by the Company are subject to these Conditions and are subject to revision. Quotations are deemed withdrawn unless accepted in writing within 30 days of their date or unless expressly agreed otherwise in writing. Quoted prices for the Work which for any reason (other than the Company’s default) is executed more than 30 days after the date of quotation may without notice to the Customer be increased so as to take into account the increased costs of the company (including overheads).

5. If the Company incurs extra costs owing to variation or suspension of the Work resulting from the Customer’s instructions or lack of instructions, or to interruptions, delays, overtime, unusual hours, mistakes or work for which the Company is not responsible, or to any specifies Site conditions not being maintained by the Customer, or to compliance with the requirements of any statute or regulation, the Contract price will be adjusted in accordance with the Company’s rates ruling at the times when such extra costs are incurred.

6. The right is reserved by the Company to sub-contract all or any part of the Work without notice to the Customer.

7. The Contract shall be governed by these Conditions. These Conditions shall override and exclude any other terms and conditions stipulated or incorporated or referred to by the Customer and any course of dealing establish between the Company and the Customer. Any addition or variation to these Conditions must be made in writing and signed on behalf of the Company by a Director.

8. The Customer warrants and undertakes to the Company that the exclusions and limitations of liability conferred by the Contract for the benefit of the Company and shall be binding upon all other interested parties and the Customer hereby agrees to save harmless and indemnify the Company against all claims or demands whatsoever made in excess of the liability of the Company under these Conditions in respect of any loss, damage, or injury however caused, whether or not by the negligence of the Company, its servants, agents or sub-contractors.

9.1 Under no circumstances will the Company be responsible for any claims (except as provided in sub-clause 9.4 below).

9.1.1. Unless the Customer gives the Company within 14 working days of the event in writing all available particulars of any claim and subsequently full written details as and when known.

9.1.2. (In the case of erection or installation contracts) for any loss arising from the non-availability of the Equipment or any part thereof due to any circumstances beyond the reasonable control of the company.

9.1.3. In respect of or resulting from any faulty or insufficiently strong premises or roadways on which the Company reasonably goes (with or without vehicles) in the course of its duties.

9.1.4. In respect of or resulting from any dangerous inflammable radio-active toxic or explosive substance of the Customer involved in the Work.

9.2 In no case whatsoever (except as provided in sub-clause 9.4 below) shall any liability of the Company, however arising, and notwithstanding that the cause of loss or damage be unexplained, exceed:

9.2.1. the value of the Equipment, or

9.2.2. a sum at the rate of £1300 per metric tonne on the gross weight of the Equipment, or

9.2.3. £500,000 in respect of any one claim or series of connected claims whichever shall be the least.

9.3 Under no circumstances (except as provided in sub-clause 9.4 below) will the Company be liable to the Customer for consequential loss or loss of market.

9.4 The Company does not exclude or limit liability for death or personal injury to the extent that the same arises from the negligence of the company, its servants or sub-contractors.

9.5 The Customer shall indemnify the company and keep the Company fully and effectively indemnified on demand against any claim, liability, loss or damage suffered or incurred in connection with the performance of the Work except to the extend that the same results from any negligent act or omission or wilful misconduct of the Company, its servants or sub-contractors.

10.1 The Company shall be released from its obligations hereunder to the extend that performance thereof is delayed, hindered or prevented by force majeure.

10.2 Where by reason of force majeure performance by the Company of its obligations to the Customer would delay, hinder or prevent performance by the Company of its obligations to other persons, the Company shall be entitled to limit, delay or refrain from performance of all or any of such obligations to the Customer and/or one or more of such other persons to such extent as it may in its discretion determine to be just and equitable as between the Customer and such other persons.

10.3 Subject to sub-clause 10.4 below, force majeure means any circumstances beyond the reasonable control of the Company.

10.4 Without prejudice to the generality of sub-clause 10.3 above and without being thereby limited force majeure includes any one or more of the following: acts or restrains of governments or public acts or restrains of governments or public authorities, war, revolution, riot or civil commotion; strikes, lockouts or other industrial action, whether of the Company’s employees or others; blockade or embargo; failure or breakdown of power, fuel, transport, equipment or other goods or services whether of the Company or others; damage to any goods, equipment, machinery or premises by explosion, fire, corrosion, ironising radiation, radio-active contamination, flood, natural disaster, accident or malicious or negligent act.

11. Where there are water sprinklers or other fire-fighting equipment at the Site the Customer must provide personnel who are able to operate or disconnect and/or isolate such equipment if the need arises and the company will accept no responsibility for the escape of water or other substances there from howsoever caused.

12. At all times and at all places where the Company carries out the Work the Customer shall ensure the there are competent personnel and equipment for fire-fighting as the Work may involve cutting, burning or welding or other fire risk.

13. Estimates of the duration of the Work are necessarily given on the basis that unforeseen circumstances will not arise and the Company thereafter (unless it agrees to the contrary in writing signed by a Director) will not be responsible for any delays in starting or completing the Work.

14. The Company will not be responsible for damage, rust or deterioration caused to any part of the Equipment by adverse weather or atmospheric conditions and the Customer is therefore advised to render all items weatherproof.  Rust proofing or similar process is only carried out by the Company on the acceptance by the Company of express written instructions.

15. The Customer shall during the continuance of the Contract and for nine months thereafter, without the prior written consent of a Director of the Company, canvass or solicit for direct or indirect employment any employee or contractor of the Company or proceed with any application by or on behalf of any such person for direct or indirect employment.

16. In respect of unpaid accounts the Company shall have a general lien on any part of the Equipment belonging to the Customer and on all other goods or property of the Customer in possession or under the control of the Company or its agents or sub-contractors and the Company may make a warehousing charge in respect of goods retained under its lien. If any invoice remains unpaid for 60 days after its date the Company shall have the power without giving any notice to the Customer to sell any goods, subject to the lien by public auction or otherwise and to apply the proceeds towards the monies and charges due to the Company including the expenses and costs legal or otherwise of enforcing the lien.

17. All communications to the Customer shall unless actually delivered to the Customer be deemed to have been received by the Customer 48 hours after the same shall be posted to the Customer’s address stated on the Contract.

18. The Contract including these conditions shall comprise the whole of the Company’s obligations and no oral statement on the part of any of the Company’s personnel shall be incorporated therein or increase or vary any written terms thereof or form a warranty or representation affecting the terms thereof.

19. If the Customer considers during the course of, or resulting from, the Work there is any act or omission, which should be corrected, it shall immediately give the Company a reasonable opportunity to make such correction.

20. The Customer warrants that the conditions of the Site shall be as inspected by or described to the authorised representative of the Company.

21. The Customer shall be responsible for the proper fencing, guarding, lighting (and watching) of the Work on Site and for the proper provision of guards and fences and of fully made-up and load bearing access road, roadways and foot ways as far as the same may be rendered reasonable necessary by the scope of the Work and for the accommodation and protection of the owners and occupiers of adjacent property, the public and others.

22. The Customer shall make available free of charge to the Company for use for the purposes of the Work such supplies of electricity, water and gas as may be reasonable necessary and any apparatus necessary for such use.

23. The Customer shall provide the Company with any necessary specialist lifting or handling gear which shall be reasonable necessary in connection with the Work. Such gear shall be operated by the Company free of charge and the Customer shall during such operation be responsible for the safe working of such gear.

24. The Customer shall provide the Company with unrestricted access to all areas of operation and will ensure that all parts of the Equipment and (in the case of erection or installation contracts) all other items to be used by the Company are free standing and ready for moving prior to the arrival of the Company on the Site. The Company will also ensure that a responsible person is present to check that all items to be moved have been loaded/off loaded, and that (in the case of erection or installation contracts) all items are correctly positioned before the departure of the Company from the Site.

25. The Customer shall be responsible for the disconnection of all electrical circuits and inter circuits and the provision of suitable lighting at all times during the execution of the Work unless otherwise agreed by the Company in writing.

26. The Customer shall make available to the Company the free and unrestricted use of load-bearing goods lifts/passenger lifts suitable for the Work at the loading and off-loading areas and, if necessary, will arrange for lift engineers to be in attendance/standby throughout the period prior to the departure of the Company from the site.

27. The Customer shall provide the Company with details of all available lifting or jacking points and also the location of the centre of gravity in relation to these lifting or jacking points. Such information should be given by drawing or in written form.

28. The Customer shall make available to the Company any on site toilet, washing or first aid facilities, and allow access to canteen facilities if available.

29. The Customer shall ensure that any sliding, rolling, or moving items of machinery are secured against movement. The Company accepts no responsibility for damage arising from the free movement of unsecured items of machinery howsoever caused.

30. All crane hire shall be undertaken subject to C.P.A. conditions of hire. Copies of which are available on request.

31. The Contract is governed in all respects by and shall be interpreted in accordance with English Law and the Customer hereby agrees to submit exclusively to the jurisdiction of the High Court of Justice in England but the Company may enforce the Contract in any Court of competent jurisdiction.