All actions and services provided by any company of the BIGLIFT group, individually designated hereafter as “BIGLIFT” are governed by the following General Conditions of service.
Accordingly, all contracts, agreements or other arrangements entered into by BIGLIFT, for the performance or supply of services, shall in all respects be governed by these conditions, except where such conditions are at variance with legal provisions governing services performed on behalf of governments or government bodies.
BIGLIFT, in the capacity of an independent third party, supplies information in the form of ascertainment, advice, assessment or recommendations, for the principal purpose of contributing to the prevention of the risks to which the beneficiaries of its services are exposed, and of helping them assure the quality of their products or services. To this end, BIGLIFT performs actions including surveys, inspections, verifications, assessments, audits, training or appraisals. In the course of such performance, it has recourse to techniques and processes such as examination, sampling, testing, analysis and measurement, thereby enabling it to exercise complete independence, impartiality and objectivity in collecting the information it has been requested to supply. Such information is communicated to the beneficiary in the form of an inspection sheet, report, certificate, attestation or mark, or by any other suitable means.
All such activities are hereafter referred to collectively as “BIGLIFT Services”.
BIGLIFT undertakes to supply services on the basis of its Quality Assurance, in accordance with proper professional practice, and in compliance with:
- The clients special instructions as confirmed by BIGLIFT, and, in the absence of such instructions:
- Terms of BIGLIFT standard order form and/or specifications of standard contracts, if used,
any relevant professional standard, trade custom, usage or practice,
such methods as BIGLIFT shall deem suitable on technical and/or financial grounds.
- BIGLIFT shall exercise due care and skill, and acts in a professional and workmanlike mannerin the selection and assignment of its personnel, in performance of its services, considering the state of the art and technology at the time the services are being performed.
The client agrees:
- To ensure that adequate instructions are given in due time to BIGLIFT, in order to facilitate proper performance of the requested services ;
- Except for generally available documents such as codes and standards, to provide BIGLIFT, either directly or through his suppliers and subcontractors, with all documents necessary for performance of the requested service ;
- To provide BIGLIFT with all information and particulars concerning the use or purpose of the items in relation to which BIGLIFT services are to be provided ;
- To advise BIGLIFT of the date on which services are to commence, or be resumed in case of suspension, and also of essential dates affecting the item(s) for which its services have been requested ;
- To provide BIGLIFT agents and representatives with all necessary transportation facilities and access to premises where the services are to be carried out, as well as all material means needed for performance of its services ;
- To ensure that all necessary measures are taken to ensure safety and security of working conditions on site during performance of the requested services ;
- To provide all manipulations or handling needed for performance of BIGLIFT services ;
- To take all necessary steps to eliminate or remedy any obstructions to or interruptions in performance of the requested services ;
BIGLIFT undertakes to use its best efforts and to exercise due care and skill in the performance of its services, and accepts liability only in case of negligence proven by the client.
BIGLIFT advice is given only in relation to documents and information provided by the client. BIGLIFT cannot be held liable if it has been given erroneous or incomplete information.
In the event of BIGLIFT being prevented for any reason beyond its control from performing or completing the requested services, as well as in case of early termination of services for any reason not attributable to BIGLIFT, the client agrees:
a) To reimburse any expenditures actually made or incurred;
b) To pay the full amount due for services which have been actually carried out and to release BIGLIFT from all responsibility for partial or total non-performance of the services.
Unless otherwise provided, these conditions and contracts, agreements or arrangements subject to these conditions are governed by UK law.