Terms and Conditions

LOLER Inspection Services Ltd (LIS) (registered in England and Wales with company number 15171165);

The Customer/Client

The person or company having provided LIS with a purchase order for the intention of entering into an agreement to purchase services from the Company;

Plant/Equipment

Is a singular or collective term for any machinery, goods or services, or combination thereof.

1. Presentation and Renewal

It is your duty to ensure that all items for inspection are available at the time of inspection. Any additional items for inspection not quoted for are at additional cost to customer.

2. Fee collection

LIS will send an invoice upon completion of LOLER/PUWER inspection and subsequent reports will be released upon payment.

3. Plant not available

LIS reserves the right to charge £50 call out fee should the plant not be available for inspection. If the customer notifies us that plant not available through no fault of their own prior to visit and in good time then no charge will be made.

4. Confidentiality

LIS shall treat any information relating to the customer/client and its business and clients as confidential. LIS shall not disclose such information to any third party, nor use it for any purpose except as is necessary for the performance of this agreement or for the enforcement of that party’s right in law or contract.

However, enforcing authorities have a legal statutory right to certain information that LIS will hold. LIS will have a legal obligation to release such information to them. The client will always be informed prior to such information being released.

5. Data Protection

All parties will comply at all times with the Data Protection Act 1998 and with the guidance notes issued from time to time by the United Kingdom Information Commissioner. Both parties warrant that they will comply with provisions of the applicable UK, EU and any other data protection laws including the General Data Protection Regulation (Regulation EU 2016/679), and any other applicable data protection laws.

6. Governing Law

This agreement is governed and construed in accordance with the laws of England. All parties submit to the exclusive jurisdiction of the English courts.

7. Clients Responsibilities

You are responsible for the care, custody and control of the Plant at all times and all items of work equipment are to comply with the Work Directive and is to be marked with either the CE or UKCA stamp conforming to minimum standards set out by enforcing authorities.

Before each Examination you will inform us of any matter, including any misuse or incident involving or affecting the plant, or modification to the plant, which is relevant for the purposes of our Examination.

To enable completion of the inspection you must:

Agree with us the date for the Examination of each piece of Plant;
At your expense, clean, prepare or open out all of the Plant to the condition agreed with us before the examination is due.

Where an inspection requires the services of a third party contractor it is your responsibility to book those services in liaison with LIS. You are liable for payment of third party services.

8. Cancellation of appointments

Where it is necessary for LIS to cancel or move an appointment beyond their control, every effort will be made to reschedule an appointment within an acceptable time period.

Once confirmed, a scheduled appointment may be cancelled free of charge up to 48 hours beforehand. Cancelled appointments with less than 48 hours notice will incur additional charge of 50%.

Should any third-party engineers (i.e NDT engineers, Lift Engineers) fail to make their prearranged appointment for any reason with the client (other than circumstances beyond their control) LIS reserve the right to make a charge to recover their costs and expenses incurred for that day.

9. Lone Working

LIS Engineer Surveyors may work in remote locations e.g machine rooms, lift shafts etc. If they were to suffer an accident or incident leading to loss of mobility and/or consciousness it could be some time fore they are discovered.

Customers must have procedures in place to monitor the safety of our Engineer Surveyors. These will depend on the risk to the Engineer Surveyor, the site layout and specific hazards. Examples could include: A method for booking in and out of site so that Engineer Surveyor can be accounted for in the event of an emergency. If this is not available, then the engineer surveyor will inform you of a time limit that they will be in such area. You may be asked to monitor the Engineer Surveyor at regular intervals.

10. Access

Unless otherwise agreed in writing, the customer shall provide any access equipment as is considered reasonable in order that LIS can safely complete the inspection requirement.

11. Maintenance or Repair

LIS shall not be responsible for the maintenance or repair of the plant and equipment.

LIS shall not be responsible for any cost in returning to service plant and equipment after normal inspection activity.

The customer at their own expense shall be responsible for the maintenance and/or repair of the plant and equipment.

12. Customer’s legal responsibility

The existence of this contract does not relieve the customer of a legal responsibility to ensure that all inspections are carried out as required under relevant statutory and other relevant provisions.

13. Lift examinations

Standard industry procedures are employed to verify the safety protocols of a lift for the purpose of Thorough Examination by carrying out functional checks and tests. There may be occasions when the lift does not return to normal service on completion of these functional checks and tests.

Should the lift not return to normal service after completion of the Thorough Examination or the completion of the Thorough Examination is inhibited because of component failure, “lock-out” or poor maintenance, then the attendance of a service engineer may be required.

LIS will not be liable for any costs associated with returning the lift to normal service. In the event of Thorough Examination being inhibited due to component failure, “lock-out” or poor maintenance, LIS reserve the right to charge a re-visit fee to complete the Thorough Examination.

14. Limit of liability

Public liability £5,000,000.

15. Indemnity

You shall indemnify and keep us indemnified in respect of any proceeding, action or claim of any nature whatsoever made or brought against us and all loss, penalties, damages, costs and expenses suffered or incurred by us as a result of any third party claim including but not limited to, a claim by our employee or your employees(s) arising out of your negligence or that of your employees, agents or sub-contracts, your failure to comply with your obligations under the contract of your failure to ensure that items of plant are examined within any prescribed inspection interval.