Terms & Conditions

RAPID RESPONSE SOLUTIONS LIMITED TERMS AND CONDITIONS OF TRADE

MACHINERY RELOCATIONS

The “Company” means Rapid Response Solutions Limited with company number 04006100, whose registered address is at Unit 2 Dundas Lane, Portsmouth, Hampshire, PO3 5SDincludeing its successors and assigns;

The “Conditions” means the terms and conditions set out in this document;

The “Contract” means the agreement between the Company and the Customer for the supply of Services incorporating these Conditions;

The “Customer” means the named party in the Contract which has agreed to purchase the Services from the Company;

The “Quotation” means the Company’s written quotation for the Services;

The “Services” means the Services set out in the Contract or Quotation and to be performed by the Company for the Customer in accordance with the Contract;

1. OVERRIDING PROVISIONS 

1. 1. All estimates, Quotations and orders are given and accepted and all sales are made subject to these Conditions and any special conditions expressly agreed in writing by the Company. 

1. 2. In the event of any inconsistency between these Conditions and any terms contained in the Customer’s enquiry, order or acceptance, these Conditions shall prevail unless the Company agrees otherwise in writing.

1. 3. No amendment to these Conditions shall be of any effect unless in writing and signed on behalf of the Company. 

1. 4. Where the Services include the carriage of goods by road, the current Road Haulage Association Conditions of Carriage shall apply in addition to these Conditions. If there is any inconsistency between the Road Haulage Association Conditions of Carriage and these Conditions, these Conditions shall prevail unless expressly stated otherwise by the Company.

1. 5. All prices in the Quotation and the Contract on weekday working unless otherwise stated by the Company in writing.

2. STATUS OF CUSTOMER 

1. 1. The Customer warrants that it is either the owner of the goods the subject of the Contract (the “Contract Goods”) or has the full authority of the Customer to enter into the Contract and to instruct the Company in relation to the Contract Goods. 

2. 2. The Company supplies services of a nature not normally required by consumers and will not knowingly contract with the consumers on these terms. Customers not requiring the Company’s services in the course of a business must advise the Company in writing before placing their order. 

3. QUOTATIONS 

1. 1. Quotations shall remain open for acceptance for 30 days subject to Condition 4. 

3. 2. The Company reserves the right to charge a fee for the preparation of any Quotation. 

3. 3. Quotations are provided on the basis that all Services will be executed and supplied by the Company. The Company shall not be liable for any discrepancy between the estimated or quoted price in the Quotation and any prices charged by a third party. 

4. ADDITIONS TO QUOTED PRICE 

1. 1. Quotations are based on the cost of labour, freight and carriage rates and overheads current on the date of the Quotation, and on the assumption that the Services will be carried out during normal working hours and confined strictly to work and materials described in the Quotation. Accordingly, and notwithstanding confirmation or acceptance of any Quotation, the Company reserves the right to increase the quoted price to take account of: 

1. 1. 1. Increases in any cost associated with, but not limited to costs of labour, freight, carriage, materials, fuel, equipment hire or other costs incurred by the Company after the date of the Quotation; 
      2. Any additional or other work, variations to the Services (including work carried out outside normal working hours) not included in the Quotation, requested by and authorised by the Customer; 
      3. Any delay, disruption, suspension, waiting time or additional expense arising from the acts or omissions of the Customer or any third party for whom the Customer is responsible;
      4. Any unforeseen circumstances, site conditions or urgent requirements which make additional work necessary to protect persons or property or comply with any applicable legislation, regulation, or health and safety requirement, provided that such circumstances are not caused by the Company’s negligence.

5. SUBCONTRACTING 

The Company may subcontract all or any of the Services. Its subcontractors and agents are entitled to the benefit of all rights, exclusions, limitations and provisions hereof protective of the Company as if incorporated into a separate contract between them and the Customer. 

6. PAYMENT 

1. 1. Unless otherwise agreed in writing by the Company, payment is due immediately upon presentation of the Company’s invoice. 

6. 2. The Company reserves the right to require payment in full or in part before commencing the Services or before releasing any Contract Goods.

6. 3. The Customer shall not withhold, deduct or set off any payment due to the Company by reason of any dispute, complaint or claim relating to the Services.

6. 4. Without prejudice to any other right or remedy of the Company, the Company reserves the right to suspend performance of the Services or to terminate the Contract if there is any outstanding liability owing to it by the Customer, or if in the Company’s opinion the Customer will not be able to meet any future or existing payment commitment to the Company. 

6. 5. The Company may charge interest on the overdue amount at a rate of 8% per annum above the Bank of England base rate, calculated on a daily basis from the due date until payment is received in full, together with any compensation and recovery costs to which the Company is entitled under the Late Payment of Commercial Debts (Interest) Act 1998.

6. 6. Where the Company has agreed in writing to provide a credit account, all invoices shall be paid in full within 30 days of the invoice date.

7. DELAY 

Any date agreed between the parties for commencement or completion of any Services shall be an estimated date only and the Company shall not be liable for any loss, cost, expense or damage occurring through any failure or inability to meet any such date. The Customer shall be entitled when any Services are not commenced within seven days of any estimated date for the same to terminate the Contract by written notice, provided that the Customer shall remain liable for payment for any Services performed and costs incurred by the Company up to the date of termination.

8. STORAGE AND DELIVERY 

1. 1. Without prejudice to any other right or remedy of the Company (and in particular its right under Condition 9) the Company may charge for the storage of any Contract Goods which (except where the Company is at fault) remain undelivered or uncollected after the anticipated delivery or collection date. 

8. 2. Unless otherwise agreed in writing, all Contract Goods stored by the Company shall be stored at the Customer’s risk.

8. 3. Unless instructed to the contrary in writing the Company may deliver any Contract Goods to any employee, agent, manager or other person with the apparent authority of the Customer. 

9. LIEN 

1. 1. Without  prejudice to any other right or remedy of the Company, the Company shall have a lien over all Contract Goods and any other goods of the Customer in the Company’s possession in respect of all monies due and owing to the Company by the Customer. 

9. 2.  If any such sums remain unpaid for a period of 60 days after the Company has given written notice requiring payment, the Company may sell the relevant goods and apply the proceeds of sale towards payment of the outstanding sums together with all storage, sale and associated costs incurred by the Company, accounting to the Customer for any balance remaining.

2. INSURANCE 

1. 1.  Standard Cover: Standard Road Haulage Association insurance cover, subject to the limits and exclusions of the current Road Haulage Association Conditions of Carriage, is included at no separate charge with all contracts involving the carriage of Contract Goods by road.. Such standard cover applies only to the carriage-by-road element of the Services and does not extend to any other part of the Services or to the full replacement value of the Contract Goods. Any insurance beyond this standard cover shall be arranged in accordance with clause 10.2.

2. 2.  Additional and specific insurance: Where the Customer requires insurance beyond the standard cover described in clause 10.1 (including cover for the full value of the Contract Goods, other property of the Customer likely to be affected, or public liability), the Customer must either a) request such insurance in writing and pay the Company to arrange it or (b) effect such insurance itself on terms satisfactory to the Company. The Company shall be under no obligation to arrange any such additional or specific insurance unless it is requested and paid for in accordance with clause 10.2(a). 

2. 3. If the Customer arranges the required insurance itself it shall be entirely responsible to satisfy itself as to the adequacy of the cover. 

11. LIMITATIONS AND EXCLUSIONS 

1. 1.  Nothing in these Conditions shall limit or exclude the Company’s liability for (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot lawfully be limited or excluded.

11. 2.  Subject to clause 11.1, the Company shall have no liability in respect of: 

1. 1. 1. Damage or loss not notified to it in writing within 7 days of the Customer becoming aware, or ought reasonably to have become aware, of it

11. 2. 2. Damage or loss of or to contents of items moved or items of special value or fragility which are not (or the special value or fragility of which) are not immediately apparent upon visual inspection of the Contract Goods unless notified in writing to the Company prior to commencement of the services. 

11. 2. 3. Damage or loss caused in respect of or resulting from faulty or insufficiently strong premises, grounds or roadways on which the Company reasonably goes (with or without vehicles or cranes) in the course of the Services. 

11. 3. . Subject to clause 11.1, the Company’s total aggregate liability arising out of or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the greater of (a) the Contract price; and (b) the amount of insurance proceeds actually recovered by the Company under any insurance effected pursuant to clause 10 in respect of the relevant liability, less any indemnity received by the Company in respect of the same liability.

11. 4.  Subject to clause 11.1, the Company shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any of the following, whether direct or indirect: (a) loss of profit; (b) loss of business; (c) loss of revenue; (d) loss of anticipated savings; (e) loss of or damage to goodwill; or (f) any special, indirect or consequential loss, in each case even if such loss was reasonably foreseeable or the Company had been advised of the possibility of the Customer incurring it.

11. 5.  Clause 11 shall survive termination or expiry of the Contract. The parties agree that the limitations and exclusions in this clause are reasonable having regard to the Contract price and the Customer’s ability to arrange additional insurance cover under clause 10

11. 6.  Unless a special term of the Contract states otherwise the Company shall not be responsible for weatherproofing Contract Goods for transit or for any failure to do so.

11. 7.  No warranty or representation purported to be made on behalf of the Company shall be of any effect unless in writing and given by an authorised representative of the Company.

12. CANCELLATION 

1. 1.  The cancellation notice period and any cancellation charges applicable to the Services shall be as specified by the Company in the Quotation or as may be referred to in the Contract or other documentation relating to the Services and shall form part of the Contract.

12. 2.  If the Customer cancels the Contract, the Customer shall pay the cancellation charges specified in the applicable Quotation or other documentation forming part of the Contract.

12. 3.  Where no cancellation charges have been specified, the Company shall be entitled to recover from the Customer all costs, expenses and liabilities reasonably incurred by the Company in connection with the Services up to the date of cancellation.

13. INDEMNITY 

1. 1.  The Customer shall indemnify the Company against any loss liability or cost incurred or arising out of or in connection with: 

1. 1. 1. Claims brought by third parties arising out of or in connection with the Services provided to the Customer insofar as such claims would have exceeded the liability of the Company to the Customer had the Customer been the claimant. 

13. 1. 2. Inherently dangerous Contract Goods or premises or other things of the Customer or circumstances relevant to the Services within the knowledge of the Customer unless such things have been notified to the Company in writing prior to the commencement of the Services. 

13. 1. 3. Enforcement by the Company of its rights under the Contract. 

13. 2.  The Customer shall not seek to exclude or limit its liability to the Company’s employees, agents or subcontractors whilst they are attending the Customer’s premises or any other premises at the Customer’s request. The Customer shall indemnify the Company against any claim brought by any such employee, agent or subcontractor in respect of death or personal injury suffered whilst attending such premises, except to the extent that the death or personal injury was caused by the negligence of the Company.

14. INTERNATIONAL REMOVALS 

1. 1. The Customer shall obtain and/or maintain all necessary permits, licenses, approvals and authorisations required to ensure that Contract Goods destined overseas may lawfully be delivered to their destination. 

14. 2.  Where the Contract involves international carriage of goods by road so that the Carriage of Goods by Road Act 1965 affects its terms the statutory terms shall only apply to that element of the Services consisting of carriage by road and shall not apply to any the Services provided by the Company. 

15. SITE ACCESS AND SITE CONDITIONS 

1. 1.  The Customer shall ensure that the Company has safe, suitable and unobstructed access to all locations at which the Services are to be performed.

15. 2.  The Customer warrants that all information provided to the Company regarding the site, the Contract Goods, access routes, dimensions, weights, ground conditions and any other matter relevant to the performance of the Services is complete and accurate. 

15. 3.  All machines must be disconnected from services by the Customer before the Company can commence the Services and it is the responsibility of the Customer to connected the machines after completion of the Services, unless otherwise stated by the Company in writing.

15. 4.  The Company shall be entitled to rely upon any information supplied by the Customer without independent verification.

15. 5.  It is the responsibility of the Customer to ensure that any machines containing oil or gas must be drained before they can be lifted or transported by road, unless in sealed and bonded road transportable tanks.

15. 6.  Where site conditions differ from those disclosed by the Customer, or where access is restricted, unavailable or otherwise unsuitable for the Services, the Company shall be entitled to suspend the Services and recover any additional costs, expenses, delays and losses incurred thereby.

15. 7.  Notification of hazardous materials must be given by the Customer to the Company in advance of the Services commencing.

15. 8.  All contract lifts will be All contract lifts will be planned and managed as set out in BS7121, part 1, “Safe use of cranes”, section 3 “Management of Lifting Operations”.

16. HEALTH AND SAFETY

1. 1.  The Customer shall provide and maintain a safe working environment and shall comply with all applicable health and safety laws, regulations and site requirements.

16. 2.  Before commencement of the Services, the Customer shall notify the Company of any known hazards, risks, dangerous substances, restricted areas or other circumstances that may affect the health and safety of any person involved in the performance of the Services.

16. 3.  The Company may suspend, postpone or cease the Services if, in its reasonable opinion, the continuation of the Services would give rise to a risk to the health or safety of any person or may result in damage to property or equipment.

17. ASSINGMENT 

1. 1.  The Company may assign, transfer, charge or subcontract its rights and obligations under the Contract.

17. 2.  The Customer may not assign the Contract without the Company’s written consent.

18. FORCE MAJEURE 

The Company will not be liable for any failure to perform or difference in performance attributable to accidents or circumstances beyond the reasonable control of the Company and in particular (but without limiting the generally thereof) industrial action, civil commotion, riot, invasion, war, threat or preparation for war, shortage of materials, fire, explosion, storm, flood, earthquake, subsidence or other natural physical disaster, epidemic, act or restraint of government. In any such event the Company may, upon notice to the Customer suspend performance of the Services, provide partial performance only or terminate the Contract, and in either case without prejudice to its rights accrued thereunder. 

19. WAIVER 

No failure or delay by the Company in exercising any right or remedy under the Contract shall constitute a waiver of that or any other right or remedy. Any waiver by the Company shall be effective only if given in writing and shall apply only to the particular circumstances for which it is given.

20. NOTICES 

Any notice given under the Contract shall be in writing and sent to the address or email address notified by the relevant party for that purpose. A notice sent by first-class post shall be deemed received 48 hours after posting. A notice sent by email shall be deemed received at the time of transmission, provided that no delivery failure notification is received. 

21. LAW 

The law applicable to the Contract shall be English Law and the parties submit to the exclusive jurisdiction of the English courts.