The benefit of our Kiln Alignment Survey & Inspection Service is that the Subject equipment doesn’t normally need to be ‘off-line.’ Because the Client’s production can proceed as normal, we and our Client can enjoy the advantage of flexibility as to when the Service is carried out. The presumption is, that unless otherwise stated and understood, the Service will be carried out outside of the Client’s shut-down.
1. Interpretation
1.1 These terms and conditions must be read in conjunction with the Quotation and the Checklist.
1.2 These terms and conditions supplement the General Terms & Conditions. Unless the context otherwise requires, the words and phrases appearing in capitalised form shall have the meanings as stated in the General Terms & Conditions.
2. Customer Undertakings
2.1 The Customer shall:
2.1.1 identify the Authorized Person that shall be contactable on Site during the Service;
2.1.2 co-operate with us in all matters relating to the Service;
2.1.3 provide the Supplier, its employees, agents, consultants and subcontractors, with access at reasonable times to the Customer’s premises, office accommodation and other facilities as reasonably required by the Supplier to provide the Service;
2.1.4 provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Services and/or the Goods, and ensure that such information is complete and accurate in all material respects;
2.1.5 obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
2.1.6 comply with all applicable laws, including health and safety laws;
2.1.7 notify us in advance of the Service Commencement Date of anything which concerns working at height or working in the vicinity of substances hazardous to health;
2.1.8 comply with any additional obligations as set out in the Quotation;
2.1.9 warrants the correctness and suitability of the Customer Materials;
2.1.10 inform us if there are any particular concerns about the Subject together with pertinent details such as any recent breakdowns, maintenance, or repairs.
3. Professional Indemnity Insurance and Risk Management
3.1 Our limit of indemnity is £1,000,000 in any one claim. This indemnity and the scope of our cover will apply as a limit to all liabilities arising from this agreement.
3.2 We always aim to keep our policies in line with our risk and we do this as economically as we can to reduce costs to you, the Client.
3.3 We shall remain responsible for all costs resulting from personal injury to the Specialist, and will indemnify the Client in respect of such costs, except when such injury is due to fault or negligence on the part of the Client, the Client’s servants or agents. Our insurance reserves subrogation rights to recover any indemnity from the Client in the event of claims made due to Client fault.
3.4 We shall not be held responsible for any losses (including all types of consequential damages and/or losses) incurred by the Client consequent to acts performed in accordance with advice given by a Specialist. The Client shall indemnity us and is liable to us on a full indemnity basis against any claims, costs, losses, charges, or proceedings whatsoever and howsoever arising out of the services rendered. It is the obligation of the Client to cover such risks by suitable insurance, recognising the duty of care that the Client has in allowing the Specialist access to Site.
4. Inspections Generally
4.1 Based on an inspection the Specialist will advise the Client by means of a written report as to the Specialist’s opinion of the visible condition and state of repair of the Subject. The opinion of the Specialist is the opinion of us. The Specialist does not carry personal liability.
4.2 The report will set out our opinion as to the defects which exist, or which may occur in the immediate future. The defects will be those found at the time of inspection or those that may occur (ordinarily within the next three years unless stated otherwise) if no action is taken. Our opinion will be based on the information that we are able to obtain following our inspection of all parts of the Subject that can be measured and observed without causing any damage to the Subject, its component parts, surrounds or local finishes and/or features.
4.3 The report will be based on our inspection of the Subject and any information provided to us, either written or oral, which information we rely upon and assume to be correct.
4.4 Surveys and inspections are undertaken using Specialist equipment in accordance with the equipment manufacturers instructions, guidance, and recommendations, by fully trained Specialist(s).
5. Accessibility and Voids
5.1 The Specialist will inspect as much of the surface area of the Subject and Site as is reasonably practicable but will not inspect those areas which are covered, unexposed or not reasonably accessible unless the Client, Owner or Occupier gives express permission to open up and be responsible for the reinstatement and making good costs. Frameworks, supports, guards, access railing or flooring will not be removed unless otherwise stated.
5.2 In the former case, we are therefore unable to confirm that such areas are free from defect.
5.3 On the Commencement Date, all means of access and/or locked or secure areas at, on or to the Subject equipment must be made available. Any return to Site or re-inspection (s) caused by inaccessibility will be charged at an agreed rate, plus disbursements and any out-of-pocket expenses.
6. Limitation of Scope / Areas Not Inspected
6.1 The Specialist will identify any areas that could not be readily inspected over and above those that are specifically excluded and advise on the consequences of such lack of inspection. The Specialist will advise on possible or probable defects that may be present based on evidence from what the Specialist has been able to see.
6.2 The Specialist does not report on the integrity of any structure providing support or access to the Subject equipment. The Specialist may cite observations on these component parts without obligation.
6.3 Unless expressly agreed, the survey will specifically exclude all covered, concealed, unexposed or buried features, equipment, or components such as electrical equipment, foundations, plinths, sub-structure elements, service channels, supporting steels and the like.
6.4 Unless otherwise stated in the Quotation Particulars the Contract does not include any calculations to verify conformity of the Client’s equipment with any applicable codes or regulatory requirements. To do so is considered a design work.
6.5 The Specialist will not comment upon the existence of contamination since this can only be established by appropriately qualified authorities. However, where the Specialist observes and considers that contamination might be a problem, whether in the immediate environment of the Subject equipment or in or on the Subject equipment, then the Specialist will advise as to the importance of obtaining a report from an appropriate Specialist.
7. Access Floors, Guards and Walkways
7.1 Cutting or removal of any supports or roller guards and the like to gain access must be carried out before the Commencement Date by the Client unless otherwise stated in the Quotation.
7.2 Flooring and walkway panels will be lifted, if necessary, but only where they are loose laid and where there is no risk of damage being caused.
7.3 The Specialist will not attempt to raise any access flooring or traps without prior permission from the Client, Owner, or Occupier. The Authorized Person will be contactable on Site in respect of any requests for access or facilitating access. No liability is accepted if flooring or traps are defective and do not simply return into position.
8. High-level Inspections
8.1 The Specialist will inspect upper reaches if there are suitable steps / access risers with available hatches or openings of sufficient physical dimension to pass through.
8.2 Where other areas of the Subject at height cannot be examined safely using all reasonable precaution available to the Specialist at the Specialists’ discretion, then such areas will be inspected by the use of binoculars or camera zoom lens at ground level and at safe vantage points, if available.
8.3 Where high level inspections are required, above and beyond those heights safely accessible by ladder, we may recommend employment of a mechanical hoist, cherry picker, boom, scissor lift or aerial drone/quadcopter to reach such areas.
8.4 In such instances, we will advise you of the appropriate costs prior to the inspection (where possible). The Client is responsible for ordering and remittance of such systems directly with the third party.
9. Controls and Energy / Supplies (Mechanical Drives and Gears)
9.1 The Specialist will not carry out detailed examinations of the various supply services or controls, i.e., electrics, hydraulics, gases, cooling water, etc or mechanical drives and gears. Any comments made in this regard will be based on a brief visual inspection only and of necessity will be descriptive only.
9.2 We will not arrange any Specialist tests and inspections of the auxiliary installations unless requested to do so in writing by the Client. We may however recommend that these are carried out if we feel the need for further investigation. It is for the Client to then arrange.
9.3 A visual inspection will be made of the access points / covers / panel doors where the cover is intact, accessible, and able to be physically lifted/opened and closed/reinstated.
10. Equipment and Materials
10.1 Unless otherwise stated we will not carry out any investigation into structural design or the presence of materials considered to be deleterious or hazardous (such as anything falling within the scope of The Control of Asbestos Regulations 2012, for example) except insofar as such matters come to light in the normal course of inspections that there are materials and coverings in an unsatisfactory state of repair.
11. Budget Costs
11.1 Any budget costs, given written or verbally for repair of anything mentioned within the survey report, are unsupported by estimates and are given without obligation as general guidance only. Firming up budgets thereafter may be Subject to further investigation and the production of a detailed specification and competitive tender, if required by the Customer. This service will be at an additional fee to be agreed. Budget costs will be exclusive of Contractor’s preliminaries, contingencies, and builder’s works in connection with services, professional fees, and VAT at the prevailing rate.
11.2 Any budget costs provided are on a “Day One” basis no allowance has been made for inflation or interest.
12. Fees and Expenses
12.1 Where the Subject or Site/local surrounds and locality to be inspected is found to be different to that initially quoted, or further investigations by Specialists beyond the initial cause for the survey are evident, then we reserve the right to charge an additional fee on a pro-rata basis.
12.2 Further or additional work arising may be Subject to new terms, conditions and negotiated rates.
12.3 Additional visits at your request, abortive visits, or uncommonly high levels of correspondence (letter, email, telephone) will be considered further consulting not included in the Service and will be charged at an agreed rate plus disbursements and any out-of-pocket expenses. For Expert Witness Work in anticipation of dispute, and for court attendance separate fees will be charged.
12.4 You agree to remit our fees and any other charges, disbursements and out of pocket expenses as agreed in writing before the report is released.
12.5 If information is inaccurate or insufficient to render the quote inaccurate or the work required radically different, we may at our absolute discretion cancel the Contract with no further obligation and fair remuneration for actions already taken will be due.
13. Commencement, Delay, Postponement or Cancellation of the Whole or Part
13.1 Force Majeure Event means any circumstance not within a party’s reasonable control including, without limitation, acts of God, fire, flood, drought, earthquake or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion or riots, war, nuclear, chemical or biological contamination; any law or any action taken by a government or public authority; any labour or trade dispute, strikes, industrial action; non-performance or delays by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this clause); and interruption or failure of utility service.
13.2 The specialist equipment can be highly sensitive to unfavourable conditions. Impediments can occur from unfavourable conditions which are likely to affect the accuracy of the survey readings. Examples of impediment may be adverse weather, percussive operations in the vicinity, heavy plant operations, or vibration from nearby traffic which we were not made aware of. In the event of impediment, the Specialist may elect to cease the Service.
13.3 Neither party shall be in breach of the Contract or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from a Force Majeure Event or Impediment. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 2 months, the party not affected may terminate the Contract by giving 30 days’ written notice to the affected party.
13.4 We shall be exempted from fulfilling obligations pursuant to the present conditions if the failure to fulfil the obligations is due to pandemic, travel restrictions, riots, strikes, lockouts, civil commotion, civil war, war, insufficient security measures or other events beyond our control.
13.5 If, owing to illness within 2 weeks of the planned assignment, the Specialist is absent from work, we reserve the right to cancel and reschedule the commencement of the Service. As soon as possible upon recovery we shall make new arrangements with the Client. In the event of such absence exceeding three weeks, leaving us unable to rearrange within the three weeks of the date of commencement of the cancelled assignment we will, if requested by the Client, replace the Specialist concerned in order to expedite the Service.
13.6 We shall at all times have the right at liberty to replace a named Specialist by another Specialist equally suited for the job. Replacement costs shall be borne by us.
13.7 You are entitled to cancel or postpone the inspection on one occasion by giving us 14 working days’ notice of cancellation or postponement to before the pre-arranged inspection Commencement Date. This notice must be given during normal working hours and in writing.
13.8 A cancellation fee of £1,500.00 plus any disbursements incurred will be applied to cover administration and abortive time incurred if you cancel the contract within 14 days of the day of inspection or cancel after postponement.
13.9 If we cancel this contract with you, we will explain the reasons for doing so. Such reasons may be in respect to the level of expertise required or if on arrival of the survey or inspection it is considered that insufficient information was given to accurately represent the required the work.
14. Documents and Restriction on Disclosure
14.1 The report issued on the Subject and/or Site will be addressed to the Client(s) or the individual who commissioned the Service.
14.2 Therefore, any report arising from the contract is for the benefit to whom it is addressed, and no responsibility is accepted to any other party for neither the whole nor parts of its contents. Neither the whole nor any part of any report or any reference thereto may be included in any document, statement or presentation or reproduced in any way without our prior approval in writing as to the form and context in which it will appear.
14.3 We will retain all files and documents for a reasonable period, which may in any event be no less than 6 years after completion or termination of the service. These will be securely stored and available for future inspection, if required, for up to a maximum of 7 years.
14.4 We may process data about you for the purpose of performing the contract. All information collected and stored conforms to current data protection legislation and regulations (e.g., General; Data Protection Regulation ((EU) 2016/679) “GDPR”; Data Protection Act 1998). Any specific or special requirements for data, IP, confidentiality, and/or secure data storage and disposal must be identified in writing to us by you.
15. Complaints Handling Procedure
15.1 We use at all times, our best possible endeavours to ensure that problems and expressions of dissatisfaction do not arise.
15.2 Any dispute or disagreement arising in connection with the present conditions shall be first elevated by being referred to us in writing. If unresolved after elevation any dispute or disputes will be finally settled under the rules of arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said rules. The arbitration shall be held in London.
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