Terms and Conditions

General 

o Contract 

• Classic Lifts’ standard terms & conditions 

o Early Settlement Discount 

• All prices are quoted Net. 

o Retention 

• Excluded where a LEIA bond will be provided in lieu 

o Liquidated and ascertained damages (LADs) 

• Where a delay has been caused by Classic Lifts Limited and following an assessment of responsibility  and extent of such delay, LADs shall be limited to 1% of sub-contract value of the lift affected by the  delay, per week, up to a maximum of 10 weeks. This shall constitute Classic Lifts’ sole and exclusive financial liability for such delay. The Purchaser shall not be entitled to recover any general damages  or other financial compensation arising from delay, whether under contract, tort, statute or otherwise. 

o Dayworks 

• Rates and percentages are the LEIA rates current at the time the work is carried out. 

o Payment terms 

• 30% on order,30% mid-way through manufacture, 30% on notification of availability to deliver and  10% immediately following test and prior to handover. See also Clause 10, Payment Terms. 

Programme

NB: lead times are indicative, subject to agreement on a per lift basis, approvals, payments and site conditions. Any Building Safety Act 2022 (BSA) delays are the complete responsibility of the client and may incur charges  and changes to programme. 

o Drawing issue 

• Typically, 4 working weeks from receipt of order and full building drawings for a single lift. Multiple lifts  projects subject to agreement based on programme requirements. 

o Manufacture 

• Minimum 16 weeks for (excluding shutdown periods and any required bespoke finishes) 

o Notice to commence on site. 

• Opportunities are available up to 14-16 working weeks (excluding Summer and Winter shutdown periods from scheduled commencement to delay delivery. 

• Thereafter delivery is scheduled for the required commencement. Should site conditions delay  

delivery, then off-site material valuation is required with storage costs being borne by our employer.  

o Mobilisation 

• All start dates to be confirmed on projects with multiple lifts on an individual lift basis. 

• Drawing and delivery time frames given in terms of typical weeks does not mean that sites with  multiple lifts will be installed concurrently. 

• All mobilisation dates to be confirmed on launch of lifts to manufacture by the Classic Lifts project  team. Time to remobilise if disrupted will be a minimum of 12 weeks from leaving site. 

o Typical on-site period 

• Illustrative only, actual installation programmes and periods to be agreed on a per lift basis, subject to  size and floor travel, labour and delivery dates 

• As an example only, a typical installation period per lift (consecutively) for a five floor lift would be 8  working weeks plus a further week for test and commission  

• Sequencing subject to Classic Lifts agreement to exact programme requirements. 

• Lift orders with multiple lifts will be installed consecutively unless agreed otherwise in writing

Other 

o Working hours 

• Our tender is based on available working hours of 8.00 am – 5.00 pm Monday to Friday excluding  public holidays and weekends. 

o Site continuity 

• Our priced specification assumes that continuity will be always maintained on site. Delays will be  subject to our normal day work rates and provision of all our Attendances listed. If we are prevented  from working due to the non-availability of power supplies, scaffolding or other trades working within  the lift areas or if the site is found not found to be ready or the lift shaft is not built to our specifications,  or any other items from our not provided as per Attendances identified by our Project Managers  

identified at pre-commencement checks, a charge of £650.00 Ex Vat will be made for each return visit. 

o Descriptions 

• Descriptions and illustrations in catalogues, price lists and other advertisement material are intended  merely to present a general concept of the goods described therein and none of these shall form part  of this offer. 

o Guarantee 

• Our priced specification includes for a 24 month guarantee from the date of commissioning, provided  during that period a separate servicing contract is implemented and routine inspections are carried out  at frequent intervals by our own skilled lift engineers. If a service contract is not entered into within 3  months of commissioning, we reserve the right to absolve ourselves from any deterioration in quality  of the equipment or its overall performance. The defects liability provision shall be invalidated in the  event any person modifies, adjusts, or interferes with the equipment without our prior written approval. 

o Exclusions and notes 

• Caretaker maintenance between lift completion and main contract practical completion is subject to  separate negotiation. Every attempt is made to comply fully with all tender specifications, however,  

only those items detailed within our specification should be deemed to be included. 

o Responsibilities  

• • For the avoidance of doubt, the Contractor is not appointed as Principal Contractor or Principal  Designer under the CDM Regulations 2015 and shall not be responsible for duties assigned to those  roles unless expressly stated elsewhere in this Contract

STANDARD TERMS & CONDITIONS OF CONTRACT 

1. GENERAL 

1.1 The acceptance of the Classic Lifts Limited’s tender (“The Tender”) includes the acceptance of the following terms and conditions. No terms or  conditions stipulated or referred to by the Purchaser in any form whatever shall in any respect vary or add to these terms and conditions unless  Classic Lifts Limited agrees in writing to any such variation or addition. 

2. VALIDITY 

2.1 Unless previously withdrawn by Classic Lifts Limited the Tender is open for acceptance within the period stated therein or, when no such period  is stated, within 30 days after the date of the Tender. 

3. DRAWINGS 

3.1 Any and all specifications, drawings and particulars submitted with the Tender are approximate only. Any and all descriptions, illustrations and  other material of whatsoever nature contained in any catalogues, price lists and other advertisement matter produced by Classic Lifts Limited are  intended merely to present a general description of the goods specified in such material none of which shall form part of the contract between the  Purchaser and Classic Lifts Limited. 

3.2 Classic Lifts Limited shall supply to the Purchaser two copies of general arrangement drawings giving details of builders work required to be  undertaken in preparation for the works to be undertaken by this contract (“the Works”). If Classic Lifts Limited produces drawings upon instructions  on the instruction of the Purchaser but no contract is formed, Classic Lifts Limited shall be entitled under separate contract to payment of £5,000 or  10% of the contract value, whichever is greater. If Classic Lifts Limited is required by the Purchaser to supply further drawings or revisions then  Classic Lifts Limited reserves the right to apply an extra charge in respect of the provision of such drawings or revisions. 4. OVERTIME/DAYWORK 

4.1 Unless specifically stated to the contrary in writing by Classic Lifts Limited, the Tender is based on the assumption that the Works will be carried  out during Classic Lifts Limited normal hours. Classic Lifts Limited shall be entitled to receive additional remuneration for any work which it has  been agreed between the parties will be undertaken outside such periods, in an amount equal to the additional costs and overhead charges incurred  by Classic Lifts Limited in undertaking such work plus an amount of profit. 

4.2 Any work carried out on a daywork basis shall unless otherwise stated in this Contract in writing or agreed between the parties be charged by  Classic Lifts Limited in accordance with those rates published by the Lift and Escalator Industry Association which are applicable at the time at  which such work is undertaken. 

5. DELIVERY AND COMPLETION 

5.1 Any times stated by Classic Lifts Limited for completion by the Classic Lifts Limited of the Works shall run from the date or receipt of a written  order approval of drawings and finishes from the Purchaser or, if later, from the receipt of all information, drawings, licenses, permits and approvals  necessary to enable Classic Lifts Limited to proceed with the Works. All such times are to be treated as estimates only and unless otherwise agreed in writing by Classic Lifts Limited shall not involve any obligation for Classic Lifts Limited to complete the Works by a specified date. The Purchaser shall at its own expense before the estimated date of commencement of any part of the  works ensure that the site is ready in all respects.  

for the Works to commence and, that all the facilities and items listed in the Schedule to this Contract have been or will be provided by the  Purchaser as and when required by Classic Lifts Limited in order to enable the Works to proceed.  

6. DELAY IN DELIVERY OR COMPLETION  

6.1 If, due to circumstances outside the control of Classic Lifts Limited, the Purchaser cannot accept delivery of goods comprised in the Works upon  the agreed delivery date for such goods or is otherwise unable to grant access to Classic Lifts Limited to the site for the purpose of commencement  of the Works Classic Lifts Limited reserves the right to recover any costs incurred by the delay and/or to continue to manufacture the goods and  deliver them to storage in accordance with clause 8. Classic Lifts Limited shall not be liable for any delay or for any consequences of any delay in  the production or delivery of any of the goods comprised in the Works or in the completion of the Works in circumstances where an estimated time  for completion of the Works has been given by Classic Lifts Limited. 

6.2 In circumstances where Classic Lifts Limited has agreed in writing a time for completion of the Works in accordance with clause 5, it shall not be  liable for any delay or any consequences of delay as referred to in clause 6.2 if such delay is due to fire, strike, lockout, dispute with workmen, flood,  accident, delay in transport, shortage of fuel, default of any subcontractor, inability to obtain material and/or labour, embargo, pandemic, act or  demand or requirement of any government or any government department or local authority, or as a consequence of war or of hostilities (whether  war be declared or not) or any other cause whatsoever beyond the reasonable control of Classic Lifts Limited. If any such delay occurs then (unless  the cause thereof shall frustrate or render impossible or illegal the performance of the contract or shall otherwise discharge the parties from their  obligations under the Contract) the period within which Classic Lifts Limited had stated that its obligations under the Contract shall be completed  shall be extended by a period (not limited to the length of such delay) as Classic Lifts Limited may reasonably require to complete the performance  of it’s obligations.  

6.3 In circumstances where Classic Lifts Limited has agreed in writing a time for completion of the Works in accordance with clause 5 and the Works  are not so completed for reasons other than those outlined in 6.2 above other than those attributed to the Purchaser Classic Lifts Limited shall pay  to the Purchaser liquidated damages in an amount equal to 1% of the contract value of the lift in delay per week of delay up to an aggregate  maximum amount of 10% of the contract value. Classic Lifts Limited shall have no other or further liability of whatsoever nature to the Purchaser  whether in contract or in tort in respect of a failure to complete the Works in the circumstances outlined in this clause.  7. DELIVERY OF GOODS  

7.1 Unless stated to the contrary in the Tender Classic Lifts Limited shall deliver goods comprised in the Works to the site. 7.2 Classic Lifts Limited shall have no liability to the Purchaser in respect of any loss or damage to any goods comprised in the

Works whilst in transit nor in respect of any shortage in the quantity of such goods delivered unless, in the case of damage in transit or shortage in quantities, a notice in writing is given by the Purchaser to the carrier of such goods within three days and to Classic Lifts Limited within seven days of the receipt of the goods, followed by a complete written claim to the carrier and Classic Lifts Limited within fourteen days of such receipt. In the case of loss of goods, Classic Lifts Limited shall have no such liability unless a written notice and a complete written claim is provided to the carrier of such goods and to Classic Lifts Limited within twenty-one days of the date of consignment. Where goods are accepted from a carrier without being checked, the delivery book of the carrier concerned must be signed “not examined”. 

8. STORAGE  

8.1 Where the Purchaser is unable to accept delivery of all or any of the goods comprised in the Works within seven days after notification that they  are ready for dispatch it shall arrange and pay for suitable storage, maintenance and insurance of such goods. If Classic Lifts Limited has sufficient  and appropriate facilities for those purposes it will store such goods at the Purchaser’s risk and expense or deliver to site for storage in site  containers provided at the Purchaser’s cost. In such circumstances valuation of materials off site shall apply.  

9. PASSING OF RISK 

9.1 All goods comprised in the Works or any part shall be at the sole risk of the Purchaser from the time that they are delivered on site whether-or not accepted by the Purchaser. In the event that the Purchaser notifies Classic Lifts Limited that it is unable to accept delivery of all or part of the  goods within seven days after notification from Classic Lifts Limited that they are ready for dispatch risk in such goods shall pass to the Purchaser at  the expiry of such seven-day period.  

9.2 In the event that risk in the goods has passed to the Purchaser in accordance with the terms of the contract then notwithstanding any other of its  provisions such risk shall not in any circumstances be passed back to Classic Lifts Limited.  

10. TERMS OF PAYMENT 

10.1 All quotations made by Classic Lifts Limited are strictly net cash unless otherwise stated and are exclusive of Value Added Tax or any similar  or other taxes, levies, or duties.  

10.2 Unless agreed otherwise in writing, payments shall become due to Classic Lifts Limited as follows:  

(a) Payment of 30% of the contract value shall become due on the date when an order is received by Classic Lifts Limited from the Purchaser.  Progress of the order and commencement of any applicable time scales will commence from the receipt of this payment.  (b) A further payment of 30% will be due midway through manufacture of the lift.  

(c) A further 30% of the contract value shall become due on receipt by the Purchaser of notice that the goods comprised in the Works are ready for  delivery.  

(d) The final 10% of the contract value shall be payable as progress payments as installation is otherwise complete payment shall nevertheless  become due on the date of an application for payment being made by Classic Lifts Limited. If, through no fault of Classic Lifts Limited final  adjustments cannot be made when installation is otherwise complete, payment shall nevertheless become due as though such final adjustments  had been made. 

10.3 The Purchaser shall, not later than five days after the date on which any payment becomes due, give notice to Classic Lifts Limited specifying  the amount (if any) of the payment made, specifying to what the payment relates and the basis on which the amount was calculated.  10.4 The final date for all payments shall be fourteen days from the due date for payment.  

10.5 Any notice of intention to withhold payments under Section 111 of The Housing Grants, Construction and Regeneration  Act 1996 shall be given no later than the prescribed period which shall not be later than nine days before the final date for payment.  

10.6 The due dates and the final date for payment set out in this Terms of Payment clause shall remain in place notwithstanding that the Purchaser  does not accept delivery of any goods comprised in the Works or allow commencement or completion of the Works in circumstances where Classic  Lifts Limited is ready to deliver such goods and/or complete the Works.  

10.7 In circumstances where more than one lift is provided by Classic Lifts Limited, the terms of payment set out above shall apply in respect of the  provision of each lift.  

10.8 All goods supplied by Classic Lifts Limited shall remain its property until full payment of the contract price and Classic Lifts Limited shall be  entitled, in the event that the Purchaser fails to make payment to Classic Lifts Limited, and without prejudice to any other remedy which Classic Lifts  Limited may have at law otherwise to enter the premises where such goods are held and remove them. The Purchaser shall not use or in any way  dispose of the goods supplied by Classic Lifts Limited in respect of which payment has not been received in full by Classic Lifts Limited.  10.9 Interest shall be paid on all overdue amounts from the date when payment was due until actually made at the rate of eight percent above the  Bank of England base rate operating during the period of delay in payment by the Purchaser.  

10.10 Notwithstanding any other provision of this contract Classic Lifts Limited may in its discretion require full payment with order or against pro-forma invoices. 

11. PRICE VARIATION  

11.1 The prices quoted are based on materials and wage rates applicable at the date of the Tender and shall be subject to adjustment in accordance with the Formula and Indices for Contract Price Adjustment (current edition), compiled by the Lift and Escalator Industry Association (“the Formula”). Alternatively, if specified in the Tender, firm prices are quoted on the understanding that the installation will be completed within the period specified. Should completion be delayed for any reason beyond that period the Lift Contractor reserves the right to adjust the prices in accordance with the Formula. Separately if not included in the  formula: if the Euro exchange rate changes by more than 3% (up or down) from the rate published on the Contract Date, the Contract Price shall be  adjusted to reflect the difference, but only in relation to the cost of materials paid for in Euros. 

11.2 All prices shall be subject to further variation in respect of any additional costs arising by virtue of any statute, regulations or orders issued by any Government Department or other duly constituted authority. 

11.3 Any adjustment or variation made in accordance with clauses 11.1 and 11.2 respectively may be invoiced immediately the amount of such adjustment and/or variation has been ascertained and shall be payable by the Purchaser forthwith on receipt by it of a notice from the Lift Contractor outlining the amount of the adjustment or variation as the case may be. 12. GUARANTEE  

12.1 Classic Lifts Limited hereby warrants the material and workmanship supplied by it under the contract and will make good any defects arising  (within one year from the date of completion of installation of each lift) due to faulty design, workmanship or materials carried out or supplied by  Classic Lifts Limited which is not due to ordinary wear and tear or to improper use or care by any party other than Classic Lifts Limited. The lifts are  from Classic Lift Limited’s pre-engineered range as detailed in the accepted Tender, which shall prevail in the event of any discrepancy. Equipment  offered complies with statutory requirements, and any deviations from the Purchaser’s specification are identified and proposed as value-engineered  alternatives. 

12.2 The liability of Classic Lifts Limited under this clause 12 shall constitute sole liability (save in respect of death or personal injury caused by the  negligence of Classic Lifts Limited) whether in contract, tort (including negligence) or otherwise in respect of any defects in the goods and services  supplied under the contract and any warranties or conditions implied by law are hereby expressed excluded.  

12.3 The guarantee contained in this clause 12 shall only apply if, at completion of the Works all lifts are serviced by Classic Lifts Limited or by a  competent person approved by it and (if the latter) in accordance with the terms of a servicing contract approved by Classic Lifts Limited. 12.4 It is a condition to the enforceability of this guarantee that the Purchaser shall ensure that all accessible parts of the lifts supplied are kept  clean, and that no person modifies, adjusts, or interferes with any equipment without Classic Lifts Limited’s prior approval.  12.5 The Purchaser shall not assign the benefit of this guarantee.  

13. GENERAL LIABIITY 

13.1 The Purchaser shall not use or permit to be used the whole or any part of the goods supplied under this Contract before they have been  completed, installed, tested and handed over by Classic Lifts Limited. If such goods or any part of them are so used, the Purchaser shall indemnify  Classic Lifts Limited against any liability that may be incurred by Classic Lifts Limited to any person whether arising directly or indirectly from such  use. 

13.2 Save in respect of death or personal injury caused by the negligence of Classic Lifts Limited it shall not, either before or after the handing over  to the Purchaser of the Works, be liable for any loss and/or damage caused by or arising from the use of any goods comprised in the Works  otherwise than in accordance with instructions given by Classic Lifts Limited from time to time as to its operation and maintenance, and shall not, in  any event, be liable for any loss arising out of any cause beyond its reasonable control.  

13.3 Except to the extent liability cannot be lawfully excluded, Classic Lifts Limited shall not be liable to the Purchaser, whether in contract, tort  (including negligence), breach of statutory duty, or otherwise, for any: (a) loss of profit or revenue; (b) loss of anticipated savings; (c) loss of  business or business opportunity; (d) loss of goodwill or reputation; (e) loss of data; (f) any indirect or consequential loss or damage (including but  not limited to the types of loss listed above), 

howsoever arising and whether or not foreseeable. 

14 INSTALLATION 

14.1 The well and motor room shall be handed over properly completed and weather tight to Classic Lifts Limited.  14.2 Any extra cost incurred, due to a suspension of the Works as a result of instructions received from the Purchaser, the lack of such instructions,  interruptions, delays, overtime, unusual working hours and additional work or variations or work for which Classic Lifts Limited is not responsible or  mistakes or any other causes outside Classic Lifts Limited’s control, shall be added to the contract price and paid by the Purchaser in accordance  with clause 10. Any such charges shall be based upon Classic Lifts Limited’s normal rates and shall include outworking and lodging allowances  where appropriate.  

14.3 Lift installation works will generate a level of noise that is unavoidable and should be anticipated as part of standard construction operations. 15 TESTING, ACCEPTANCE AND COMPLETION  

15.1 The Works shall be considered complete on notification by Classic Lifts Limited to the Purchaser that its tests have been successfully  completed.  

15.2 If any lift supplied under the Contract is not taken into normal service at this time it shall be shut down, and Classic Lifts Limited shall be  entitled to additional payment at current rates from the Purchaser for such servicing, cleaning, lubricating or other work as may be necessary to  ensure its satisfactory condition when taken into normal service by the Purchaser.  

16 PREVENTION OR FRUSTRATION  

16.1 If the contract becomes impossible to perform or is otherwise frustrated the Purchaser shall be liable to pay Classic Lifts Limited all costs,  expenses, overheads and any loss of profit which Classic Lifts Limited, his suppliers or subcontractors incur as a result of frustration or impossibility  of performance.  

16.2 Any pre-payments which may have been made to Classic Lifts Ltd under the contract shall be applied towards satisfaction of such sum as may  have been made under the foregoing provisions, and the excess (if any) of such pre-payments will be refunded to the Purchaser.  17 PATENTS 

17.1 The Purchaser warrants that any design or instruction furnished or given by him shall not cause Classic Lifts Ltd to infringe any letter patent  registered design or trademark in the execution of the Works.  

18 DETERMINATION 

18.1 Classic Lifts Ltd shall be entitled to determine its employment under the Contract in circumstances where:  

(a) the Purchaser is in material or continuing breach of any of its obligations under the Contract and fails to remedy such breach within 10 days of  the receipt of written notification from Classic Lifts Ltd of such breach and/or  

(b) the Purchaser makes a voluntary arrangement with its creditors or becomes subject to an administration order or goes into liquidation or an  encumbrancer takes possession of, or a receiver or manager is appointed over, all or any property or assets of the Purchaser or the Purchaser  ceases to carry on business or the Purchaser generally becomes unable to pay its debts within the meaning of Section 123 of the Insolvency Act  1986.  

19 LAW APPLICABLE 

19.1 This contract shall be governed by and constructed in accordance with English Law. 

19.2 This contract does not confer or purport to confer any benefit on any third party. In particular, rights that would otherwise arise in favour of third  parties under the Contracts (Right of Third Parties) Act 1999 are hereby excluded.  

20 ADJUDICATION 

20.1 Both the Purchaser and Classic Lifts Ltd shall be entitled to refer any dispute or difference arising under this contract to adjudication at any  time. The adjudication shall be conducted in accordance with the provisions of Part 1 of the Schedule to The Scheme for Construction Contracts  (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011 and any subsequent amendments to the relevant same  Regulations for Wales, Scotland and Northern Ireland.  

Attendances 

Items to be provided free of charge to the lift contractor: 

1. Provision of scaffold, planks and ladders within and/or adjacent to the lift shaft(s) to the sub-contractor’s  requirements. 

2. Road transport access to a point adjacent to the buildings. 

3. Cranage and trucking and unskilled labour for off-loading and handling equipment to a point of storage and/or  final position, including the making of suitable access and reinforcement of pavements and floors. 4. Watertight storage for materials – located as close to the lift shaft as possible, with light, heat and protected  from damp, theft and damage. 

5. Suitable, permanent 3 phase power to the lift(s), made live prior to commencement and throughout the lift  installation(s). Provide suitable temporary power supplies for tools. All in accordance with the agreed  programme. Further details shown on Classic Lifts builders work drawings. 

6. Permanent ventilation or other arrangements to ensure an ambient machine room temperature / lift shaft  temperature between plus 5°c and 40°c for traction lifts and plus 15°c and 35°c for oil hydraulic lifts in  operation prior to testing.  

7. All builders work including forming the lift shaft, pit in accordance with Classic Lift Limited’s general  arrangement drawing(s) and in compliance with British standards, codes of practice, local byelaws, and any  legislative requirements. Finished Floor Level (FFL) Datum lines to be clearly marked inside the shaft at each  landing entrance.  

8. Cutting away and making good. 

9. Site painting, where required, of lift equipment after installation other than bright parts or factory finished  surfaces. Note all equipment will be delivered and installed factory finished. 

10. Machine room floor (where applicable) including any reinforcement necessary for load bearing. 11. Tested lifting beams and marking with safe working load and provision of any steelwork other than that  specified in the tender. 

12. Treatment of the lift shaft and machine room to inhibit the formation of dust is strongly recommended. 13. Any necessary drainage, tanking, lining or reinforcement of the pit. 

14. When required, dividing beams for multiple wells and inter-well screens where and if applicable. 15. Guarding of shaft openings. Classic Lifts Limited shall maintain the guarding whilst working on site.  16. Cleaning, renewal or replacement of lift equipment damaged by dust produced from such processes as dry  grinding or mosaic and other builder’s work. 

17. Provision of safe and adequate access to the machine room (where applicable) and lift well to the satisfaction  of the Health and Safety at Work Act. 

18. 200 lux level of illumination where the control panel is mounted 

19. The removal of all debris from a central point on site. 

20. Prior to testing and commissioning a fully operational dedicated telephone line to serve the lift. Full details as  per our builders work drawings. It is the lift owners’ responsibility to ensure that the dedicated telephone line  provided is kept operational whilst the lift is in service.