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© Copyright 2016. Sky’s The Limit Limited Registered In England No.
09700044.
All Rights Reserved
Terms & Conditions
STANDARD TERMS AND CONDITIONS FOR A CONTRACT FOR THE LIFTING AND
MOVEMENT OF GOODS INVOLVING CRANE OPERATION
1 ) SCOPE AND DEFINITIONS
1.1. The terms and conditions set out in this document describe the trading policy and
practise of the Company for it’s ‘lifting contract’ services, as distinct from it’s crane-hire
services, and they form the contract terms and conditions for lifting contracts entered into
by the company.
1.2. ‘Lifting contract’ means a contract for the supply and operation of a crane or cranes
together with the planning, supervision and execution of the lifting operation, which is
the type of contract which these terms and conditions are intended to regulate. They are
not intended or designed to regulate contracts involving other specialist skills such as
mechanical erection contracts.
1.3. These terms and conditions shall not be varied except with the company’s express
written agreement, signed by a person authorised thereto by the company.
1.4. No other terms and conditions shall apply to any lifting contract entered into by the
company unless expressly agreed in writing by means of a quotation or otherwise by the
company and the client. In particular, any terms and conditions specified by the client on
an order form or otherwise, shall not be binding on the company and shall not apply to
any lifting contract entered into by the company unless previously agreed in writing by
the company.
1.5. Unless otherwise agreed by the company and the client, these terms and conditions
also apply to any additional work that the company may agree to carry out for the client
and which arises from or is connected with a lifting contract.
1.6. The following words and phrases used in this document have the meanings indicated:
“Person Appointed” means the person given the authority to assess, plan and organise the
work; to select suitable or appropriate plant and equipment, ensuring it has been
adequately inspected and maintained; to provide instruction and supervision for the work
to be undertaken safely; and to stop the work whenever he considers danger is likely to
arise if it were to be continued.
“Client” means the person or organisation requiring the lift to be carried out, and includes
the Client’s employees and agents and the Client’s assignees, successors and personal
representatives.
“Code of Practice” means the British Standard Code of Practice for the Safe Use of Cranes (
BS 7121, part 1: 1989 ), as amended from time to time, or any other official Code of
Practice which may supersede it.
“Company” means the company or firm agreeing to carry out the contract lift, and includes
the Company’s assignees, successors and personal representatives.
“Contract Equipment” means any crane and other equipment and accessories used or
intended to be used by the Company in performing, or in connection with, the contract lift.
“Contract Price” means the price agreed by the Company and the Client as payment for the
performance by the Company of the lifting contract, which may be a lump-sum price or a
time-related schedule of rates.
“Lift” should be interpreted as meaning either ‘lift’ or ‘move’.
2 ) QUOTATIONS AND CONTRACT PRICE
2.1. Unless otherwise specified by the Company in writing, every quotation by the
Company is open for acceptance for a period of thirty days, after which the quotation will
be subject to re-confirmation by the Company.
2.2. Unless otherwise specifically noted by the Company in writing, every quotation by the
Company is based on the assumption that the following circumstances apply:
2.2.1. That the work will be carried out under the Company’s direction without
interruption and on a clear site with adequate approaches suitable for the necessary
movement of the contract equipment.
2.2.2. The ground or floor where the contract equipment is to operate will be firm, level
and in good condition, and will provide proper support for the contract equipment.
2.2.3. The work will be carried out in daylight during normal working hours.
2.2.4. All information provided by the Client is complete, true and accurate.
2.2.5. The quotation must state precisely what information has been supplied by the
client.
2.3. Where all or any of the above circumstances do not apply, the Company may, at it’s
election, issue a fresh or revised quotation for the work described in the Lifting Contract,
or elect to be discharged from the Lifting Contract without further liability to the Client.
2.4. Any additional work which the company is required to perform will involve an extra
charge, additional to the contract price.
2.5. The contract price may be increased by the amount of any costs incurred by the
Company as a result of delays in commencing or completing the contract work due to
circumstances beyond the Company’s control.
3 ) FORMATION AND TERMINATION OF LIFTING CONTRACT
3.1. The submission of a quotation by the Company to a prospective customer does not
constitute an offer, the acceptance of which will create a binding contract.
3.2. No lifting contract is created before the Company accepts an order for the carrying
out of the lifting contract work.
3.3. If, before completion of the lifting contract, the Client purports to cancel the contract
without the writted agreement of the Company, the Client shall be liable for the full
contract price. If the Company has agreed in writing to the cancellation, the Client shall
be liable for such reasonable proportion of the contract price as may be assessed by the
Company at that time, together with all costs and charges incurred by the Company or to
which the Company is committed.
3.4. A lifting contract involving an unspecified number of lifts over a period of
indeterminate duration may be terminated by either party giving the other party not less
than seven days’ notice in writing, or such other notice as may be mutually agreed by the
parties.
4 ) STATUS AND AUTHORITY OF CLIENT AND COMPANY
4.1. The Client warrants that the Client is the owner or the authorised agent of the owner
of the contract goods and is authorised to accept and does accept these contract terms
and conditions.
4.2. The Client requires and authorises the Company to assume overall control of the
work, to provide the person appointed and to plan, supervise, carry out and complete the
work in accordance with the Code of Practice including, where considered by the Company
to be appropriate, to control and instruct the Client’s personnel involved in the work.
4.3. The Client authorises the Company to have free access to, and free movement on, the
contract site and to clear the site of all vehicles and persons not directly involved in the
contract lift and, for that purpose, to set up barricades, tapes or cones, to the extent that
the Company may at it’s discretion require for the performance of the contract.
4.4. With the permission of the Client, which shall not be unreasonably witheld, the
Company may arrange for the work, or any part of the work, to be carried out by agents,
sub-contractors or independent contractors. For the purposes of the contract, any such
third parties shall be regarded as de facto representatives or employees of the Company.
As such, they shall have the same rights against and duties and liabilities to the Client as
the Company itself under these Contract Terms and Conditions.
5 ) CODE OF PRACTICE
5.1. The Company will perform the lifting contract in accordance with the Code of
Practice.
5.2. At the Client’s request, the Company will provide the Client with any available
information relevant to the qualifications and competence of the person appointed by the
Company in accordance with the Code of Practice to have overall control of any lifting
operation under the lifting contract.
5.3. In the absence of written notice by the Client to the contrary, received by the
Company prior to the commencement of the lifting operation, the person appointed shall
be deemed to be to the satisfaction of the Client.
5.4. The Client shall supply, or confirm in writing, all information available to the Client
which is requested by the Company or which the Client is aware may be necessary or
useful to facilitiate compliance with the Code of Practice.
5.5. The Client is responsible for ensuring that the Company is informed of the existence
and location of anything on or near the site which is likely, however remotely, either ( a )
to damage or be damaged by the contract equipment, ( b ) to affect the stability of any
such equipment, or ( c ) to affect the health or safety of any person involved in the work.
6 ) LIABILITY OF COMPANY
6.1. The Company shall be liable for injury to persons or for loss or damage to property
when caused solely and demonstrably by the Company’s negligence in the performance of
the lifting contract. The Company shall not be liable for any such loss, damage or injury
due in whole or in part to any negligence on the part of the Client.
6.2. The Company’s liability, if any, arising from or in connection with the lifting contract,
shall be:
( a ) limited to a total sum of £10,000 ( ten thousand pounds sterling ) for loss or
destruction of, or damage to, the contract goods.
( b ) limited to a total sum of £2,000,000 ( two million pounds sterling ) for any other loss,
damage or injury.
These limitations shall be deemed to apply unless in either case a different amount is
mutually agreed by the Company and the Client prior to the commencement of the
contract.
6.3. Full details of any loss, damage or injury which is or may be the subject of a claim by
the Client against the Company shall be notified by the Client to the Company within
seven days of the date of discovery thereof. Any suit to enforce any such claim by the
Client against the Company must be commenced not later than twelve months after the
date of occurrence of the event giving rise to the alleged loss, damage or injury.
7 ) EXCLUSION OF COMPANY’S LIABILITY
7.1. The Company shall not be liable for any loss, damage or injury caused by, or arising
from as a result of, any of the following:
7.1.1. Any defect in the contract goods including any design defect and any defect relating
to lifting points on the contract goods.
7.1.2. Inaccurate or incomplete information provided by the Client.
7.1.3. The written instruction given by the Client to the Company’s employees.
7.1.4. Any defect in equipment provided by the Client.
7.1.5. Any act or omission of any personnel supplied by the Client, or by any body or
person under contract to the Client in connection with the contract goods, except when
correctly following the Company’s instructions for the purpose of performing the
Company’s work under the contract.
7.1.6. Delay in commencing or completing the contract work due to circumstances beyond
the Company’s control, including ( but not limited to ) any strike or other industrial action.
7.1.7. Unexpected and unforeseen subsidence or unstable ground conditions.
7.2. The Company shall not be liable for any of the following, however arising:
7.2.1. Loss of use of the contract goods or any other property or loss of contract or profit
or for indirect or consequential loss of any kind, including but not limited to any liability
of the Client to pay liquidated damages under any other contract to which the Client may
be a party.
7.2.2. Loss or damage to the contract goods whilst in storage outside the control of the
Company.
7.2.3. Any loss or damage occurring after the completion of the contract by the Company.
8 ) INSURANCE AND INDEMNITY
8.1. The Company will carry insurance to cover it’s potential liability under the lifting
contract having regard to the maximum amounts referred to in Clause 6 ( ‘Liability of
Company’ ).
8.2. The Company may exclude the lifting contract from cover under it’s existing policies
and require a specific insurance policy to cover the lifting contract in the joint names of
the Company and the Client, to be provided at the expense of the Client.
8.3. If the value of the contract goods exceeds the limit referred to in Clause 6 ( ‘Liability
of Company’ ), it is the responsibility of the Client to give the Company sufficient written
notice of that fact with details of the full value of the contract goods so that full
insurance cover in the joint names of the Company and the Client may be arranged, at the
Client’s expense, before the commencement of the performance of the lifting contract.
8.4. The Client agrees to indemnify the Company against:
8.4.1. Any claim arising from or connected with the Company’s work on the lifting contract
site, in preparing the site or performing the contract, including claims of nuisance and
claims of trespass to persons, property, land or air space.
8.4.2. All other losses, damages or claims in respect of any matter arising from or in
connection with the lifting contract and for which, under these contract terms and
conditions, the Client is liable or for which under Clause 7 ( Exclusion of Company’s
Liability ) the Company is not liable.
8.4.3. Any liability arising from or in connection with the lifting contract to pay any
amount in excess of the relevant limits referred to in Clauses 6 & 7 above.
8.5. The Client shall insure against it’s liability to indemnify the Company and all other
liabilities of the Client under the lifting contract.
8.6. If requested by the Company, the Client shall produce to the Company a copy of any
insurance policy held by the Client and relevant to the lifting contract, together with the
evidence of the premium having been paid.
8.7. If the Company is of the opinion that the insurance cover held by the Client may be
insufficient to meet the Client’s liabilities under the lifting contract, the company may
require the Client to take out ( at the Client’s expense ) additional insurance cover in the
joint names of the Company and the Client.
9 ) TRANSPORTATION OF CONTRACT GOODS
9.1. The Company is not a common carrier.
9.2. If, under the lifting contract, the contract goods ( or any part of them ) require
transportation by air, sea, road or rail, the Company may either undertake the
transportation or arrange for transportation by some other person or organisation.
9.3. In the latter event, unless otherwise agreed in writing by the Company, the Company’s
liability for the contract goods so transported shall be no greater than that of the person
or organisation carrying out the transportation, i.e. the airline, shipping company, haulage
contractors or railway authority concerned. The amount of compensation, if any, payable
for loss or damage to the contract goods during transportation shall be limited to the
amount recoverable from the relevant person or organisation in respect of that loss or
damage.
10 ) PAYMENT OF CHARGES
10.1. All prices are exclusive of VAT which will be charged at the rate prevailing at the
date of invoice.
10.2. All charges are payable in full and the Client shall not withold payment as retention
or discount or for any reason whatsoever, regardless of any arrangement for payment to
the Client by another party under any other contract.
10.3. All charges by the Company are payable strictly within thirty days net from the date
of the Company’s invoice.
10.4. In the event of failure by the Client to pay any amounts due to the Company within
the stipulated time-limits either of these terms and conditions or of any other written
mutual agreement, the Company is entitled to charge interest on any outstanding
amounts from the date on which they become due at the rate of two percent above the
overnight rate, as at that date, of the London Inter-Banks Offered Rate ( LIBOR ).
10.5. The Company shall have a general lien over any goods and equipment which are the
property of the Client in the custody of the Company, for unpaid debts due and payable to
the Company by the Client. The Company shall notify the Client when exercising the right
of lien under this clause. In the event that the Client fails to settle all such debts within
one month of such notification, the Company may sell, as an agent of the Client, any or all
of the items subject to the lien. The proceeds of any such sale shall be applied towards
payment of the debt together with interest accrued to that date. Any and all expenses
relating to the sale of goods held under lien will also be deemed to be recoverable from
the proceeds of the sale of those goods.
11 ) LAW OF THE CONTRACT
11.1. This contract, and all matters arising therefrom, shall be subject to and construed in
accordance with British Law.
11.2. In the event of any dispute arising from this contract, the Client agrees to submit to
the jurisdiction of the Courts of England.
12 ) FOOTNOTES
12.1. Acceptance of the plant on site implies acceptance of all terms and conditions stated
in the Contract Lift Conditions.
12.2. The Standard Terms and Conditions for the lifting and movement of goods involving
crane operation are the copyright of the Construction Plant-Hire Association and must
NOT be reproduced, stored in any retrieval system, or transmitted in any form or by any
means, whether mechanical, photocopying, recording or otherwise.
12.3. Copies of these Contracts for Lifting Operations are only available from the
Construction Plant-Hire Association.
Please note that your signature on this document indicates that you have read and agreed
to the Terms and Conditions itemised herein.
FULL NAME PRINTED : ________________________________________
SIGNATURE : ________________________________________
DATE : ________________________________________
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