If our quotation has been requested by way of tender, we have not at this stage perused or agreed to the contract terms and conditions as submitted with your tender. Should our quotation prove of interest to
you, we shall be only too happy to peruse and respond to them accordingly. In the interim, our quotation is based on our following terms and conditions.

The acceptance of this quotation includes the acceptance of these terms and conditions which shall apply between us, Re-Ropes Ltd (the “Supplier”) and the Purchaser or Contractor who shall be the
party entering into contract with us.

All prices quoted are in Pounds Sterling (£) and subject to Value Added Tax at the current rate.

These terms and conditions shall be exhaustive of the rights, obligations and liabilities of each party, whether such rights obligations and liabilities arise in respect of or in consequence of a breach of contract or statutory duty or a tortuous or negligent act or omission which gives rise to a remedy at common law.

  1. Errors or Discrepancies: Our quotation is based on the information provided to us at the time of preparing such quotation. Should any errors or discrepancies become evident which affect our order value we reserve the right to make any adjustments thereto.
  2. Validity: Unless previously withdrawn the tender is open for acceptance within the period stated therein or, when no period is stated, within 30 days only after its date.
  3. Lead in Times: These, if applicable, are as stated within our quotation. These can only commence as detailed below:
  4. Site Surveys: We can only attend site surveys upon receipt of an official order, unless it is agreed as necessary to attend site in order to complete our quotation. We reserve the right to charge an additional fee for any site surveys carried out prior to an order being received.
  5. Supply and Install: Delivery to site and installation cannot commence until we have received your official order and any requested deposit payments or any overdue and outstanding payments have been received and the Purchaser or Contractor has confirmed in writing that the site is ready to receive the goods and installation can commence.
  6. Delivery of Goods
    6.1. Unless stated to the contrary the tender includes delivery to site.
    6.2. No claim for damage in transit, shortage of delivery or loss of goods will be entertained unless, in the case of damage in transit or shortage of delivery a separate notice in writing is given to the carrier concerned within three days and ourselves within seven days of the receipt of goods, followed by a complete claim in writing within fourteen days of receipt of goods, and in the case of loss of goods, notice in writing is given to the carrier concerned and ourselves and a complete claim in writing made within twenty-one days of the date of consignment. Where goods are accepted from the carrier concerned without being checked, the delivery book of the carrier concerned must be signed ‘not examined’.
  7. Installation and working hours:
    7.1. Unless specifically stated to the contrary in writing, this quotation is based on the assumption that all work will be carried out during ordinary working hours. If it shall be agreed that premium time or out of hours working is to be worked, extra costs incurred, including overhead charges and profit, shall be added to our quotation unless it has been agreed beforehand and is shown as included within our quotation.
    7.2. The pit and shaft shall be handed over in a suitably clean condition to our installers.
    7.3. Any extra cost incurred, owing to suspension of work, by the Purchaser’s or Contractor’s instructions, lack of instructions, interruptions, delays, overtime, unusual working hours, or additional
    work or variations or work for which we are not responsible or mistakes or any other causes outside our control, shall be added by way of variation to the contract sum. Any such charges shall be
    based upon our quoted or current rates.
    7.4. The works shall be considered complete on our written notification or, where applicable, on the issue of the necessary certification to the Purchaser or Contractor indicating all works has been successfully completed.
  8. Programme: All such times are to be treated as estimates only and unless otherwise agreed in writing we shall have no obligation to complete the works by a specified date.
  9. Wastage and its removal: If included within our quotation, we shall remove any wastage from site and dispose of this correctly. If removal and disposal becomes necessary and is not included within
    quotation the costs of such removal and disposal shall be added as additional works on our invoice.
  10. Notice Period: Unless otherwise stated within our quotation, we require a minimum of 4 weeks formal notice to deliver the materials to site and commence the installation. If, subsequent to the giving of such notice the site is not ready for our works to commence, we shall require a further written notice from the Purchaser or Contractor.
  11. Storage of Goods and Materials off Site
    11.1. If the installation date is delayed through no fault of our own before the goods and materials are shipped, the goods and materials will be placed into storage by the manufacturer, pending a revised shipping date once we are notified by the Purchaser or Contractor in writing that the site is now ready for our installation to commence. We shall be charged for such storage of the goods and materials. Any such storage charges we incur shall be passed on to the Purchaser or Contractor.
    11.2. Where the installation date is delayed through no fault of our own and the goods and materials have already been shipped by the manufacturer and the Purchaser or Contractor decides not to store them on site, we shall place the same into storage and any costs associated with such storage shall be passed on to the Purchaser or Contractor.
  12. Storage, Protection and Insurance of Materials on Site: If the goods and materials are delivered to site and the site has not progressed sufficiently so as to commence our installation and the Purchaser or Contractor requests that the goods and materials are placed into storage on site, the responsibility for protection and insurance of the goods and materials passes to the Purchaser or
    Contractor, whilst title of the goods and materials will remain with us until we are paid in full.
  13. Delay and Abortive Visits: Our price is based on being able to commence our works on the delivery date agreed and to complete our works in one continuous visit. If the site is not available or ready
    for our installation to commence or we are prevented from continuous working through to completion, we reserve the right to recover any costs incurred by way of delay or abortive visits.
  14. Variations, Overtime, Premium Time Working and Dayworks: These must be agreed and evidenced by a signed written instruction before we proceed with the works.
  15. Price Variations
    15.1. Any price variation shall become due for payment to us in accordance with the terms for payment herein.
    15.2. Any adjustment required by the price adjustment provision and any variation of charge referred to above may be invoiced immediately the amount thereof has been ascertained and be payable forthwith. Interest payable on overdue accounts shall apply to any payments due under this clause should they become overdue.
    15.3. The prices quoted are based on materials and wage rates ruling at the date of our quotation.
    15.4. If the quotation so states, 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 we reserve the right to adjust the contract sum.
    15.5. All prices will 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.
  16. Payment
    16.1. Our usual terms of payment are, unless otherwise agreed, 30 days from our invoice date.
    16.2. Interest shall be paid on all overdue accounts from the date payment was due (as set out above) until actually made pursuant to the Late Payment of the Commercial Debts (Interest) Act 1998, as amended, during the period in which interest is payable.
    16.3. All goods supplied by us shall remain our property until full payment of our contract value is received. Until title passes:
    16.3.1. We shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the goods;
    16.3.2. We, our agents and employees shall be entitled at any time and without the need to give notice, to enter upon any property upon which the goods or any part are stored, or upon which we reasonably believe them to be kept;
    16.3.3. The Purchaser or Contractor shall store and mark the goods in a manner reasonably satisfactory to us indicating that title to the goods remains vested in us;
    16.3.4. The Purchaser or Contractor shall insure the goods to their full replacement value; and
    16.3.5. Irrespective that title to the goods remains with us, risk in the goods shall pass to the Purchaser or Contractor upon delivery.
    16.4. We are unable to accept any of our monies being ‘set-off’, or withheld as retentions.
    16.5. We do not provide a Parent Company Guarantee or any type of Performance Bond.
    16.6. Our quotation, where appropriate, allows for the cost of importing materials based upon the rates of exchange, tax or duty and labour rates prevailing at the date of our quotation. In the event of any adjustment in such rates, after the date of our quotation we reserve the right to make an adjustment to our contract value.
    16.7. In the case of a contract for more than one lift, this entire payment clause shall apply on a per lift basis.
  17. Suspension
    17.1. If payment is not made in accordance with these terms, we shall be entitled to exercise our right under Section 111 of the Housing Grants, Construction and Regeneration Act 1996 to suspend
    performance of our obligations under this Contract. The Purchaser or Contractor shall reimburse us in respect of any loss and/or expense incurred by us during the period of the suspension including the cost of re-mobilisation on the lifting of the suspension and for any period that the payments are in arrears there shall be added a corresponding term to the contract period.
  18. General Liability
    18.1. Due to circumstances outside of our control we shall not be liable for any delay or for any consequence of any delay in the production or delivery of any of the goods or the completion of the work if such delay shall be 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, 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), delay in the provision of a permanent electrical supply to enable continuous working, or any other cause whatsoever beyond our reasonable control.
    18.2. If any such delay occurs then (unless the cause thereof shall frustrate or render impossible or illegal the performance of this contract or shall otherwise discharge the same) our period for performing our obligations shall be extended by such period (not limited to the length of the delay) as we may reasonably require to complete the performance of our obligations.
    18.3. We shall not be liable whether by way of indemnity, breach of contract or statutory duty or in tort (including negligence) for any liquidated and ascertained damages, loss of profit, loss of use, loss of contract or contracts, or for any financial or economic loss or for any indirect or consequential loss or damage whatsoever.
    18.4. We shall not be liable for and the Purchaser or Contractor shall indemnify and hold him harmless against any claim for, charges, costs, expenses loss or damage to any property directly or indirectly occasioned by or arising from the use or operation (other than by ourselves) or possession of any of the equipment and from negligence (including the use of any part of the equipment otherwise than in accordance with our operating instructions and manuals) or default (including any non-compliance with any obligation of this agreement, any delay any wrong information and any lack of required information), ordinary wear and tear, improper use or misuse by or on the part of the Purchaser or Contractor or any persons other than ourselves.
    18.5. Where we are requested to return to site and any of the above items as identified in clause 18.4 are evident, we reserve the right to charge for the cost of returning to site.
    18.6. This indemnity shall extend to any costs and expenses incurred by us and shall continue in force notwithstanding the termination of this agreement.
    18.7. The Purchaser or Contractor shall not use or permit to be used the whole or any part of the equipment the subject of our quotation before it has been completed, certified (where necessary) and handed over by us and in the event of any such unauthorised use we shall not be liable for any loss or damage arising there from.
  19. Documentation: This quotation includes for our documentation to be submitted in our normal standard format only. If additional copies or contract specific requirements are needed, we reserve the right to apply additional charges.
  20. Insurance: We include for Public and Products Liability with an indemnity limit of £5 million.
  21. Literature and Representations
    21.1. Our marketing literature is presented in good faith as a guide to represent the product quoted and does not form a part of our contract.
    21.2. Our employees and agents are not authorised to make any representation concerning the goods unless confirmed by us in writing. In entering into the contract the Purchaser or Contractor acknowledges that it does not rely on and waives any claim for breach of any such representations, which are not confirmed.
  22. Scope of Works: Our quotation and specification detailed therein shall constitute our entire scope of works.
  23. No employment: Nothing in this Contract shall render or be deemed to render us an employee or agent of the Purchaser or Contractor or the Purchaser or Contractor an employee or agent of ours.
  24. Determination
    24.1. We shall be entitled to determine our employment under the Contract in circumstances where:
    24.1.1. we give the Purchaser or Contractor 7 days written notice of termination.
    24.1.2. the Purchaser or Contractor is in material or continuing breach of any obligations under the Contract and fails to remedy such breach within 10 days of the receipt of our written notification of such breach;
    24.1.3. there is persistent and wilful neglect by the Purchaser or Contractor; or
    24.1.4. the Purchaser or Contractor becomes incapable of performing its obligations under this Contract.
    24.2. The Purchaser’s or Contractor’s payment obligations under this Contract shall survive termination of this Contract where the termination is brought about by the actions of the Purchaser or Contractor.
  25. Cancellation
    25.1. Should the Purchaser or Contractor cancel the order with us we reserve the right to levy reasonable cancellation charges, including but not limited to, any administration costs, procurement costs and loss of profit, against the Purchaser or Contractor and these shall fall due for payment immediately.
    25.2. Should cancellation take place after commencement of manufacture of the equipment, payment of the full order value will be required to be paid to us by the Purchaser or Contractor.
  26. Prevention or Frustration: If the Contract becomes impossible to perform or is otherwise frustrated the Purchaser or Contactor shall be liable to pay to us all costs, expenses, overheads and any loss of
    profit which we, our suppliers or Sub Contractors incur as a result of such frustration or impossibility of performance. Any pre-payments which may have been made to us under this contract shall be applied towards satisfaction of such sum as may become due to us under the foregoing provisions.
  27. Purchasers or Contractors Patents: The Purchaser or Contractor warrants that any design or instruction furnished or given by them shall not be such as will cause us to infringe any letter patent,
    registered design or trade mark in the execution of their order.
  28. Our Patent: The Purchaser or Contractor has no right, title or interest in any Patents that are registered to us and the Purchaser or Contractor shall indemnify us for any infringement of any such Patent so registered to us.
  29. Assignment: The Purchaser or Contractor shall not be entitled to assign the benefits under this Contract without our prior written consent, which shall not be unreasonably withheld.
  30. Waiver: Failure of any party to insist upon strict performance of any provisions of this Contract or the failure of any party to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this Contract. No waiver of any of the provisions of this Contract shall be effective unless it is expressly stated to be such and signed by all the parties to this Contract.
  31. Confidentiality
    31.1. In the course of the works, it may be necessary for the parties to have access to information that is confidential to the other (“Confidential Information”). Confidential Information shall not include that:
    31.1.1. which is, at the time of disclosure, in the public knowledge, or which after disclosure, becomes part of the public knowledge, except by breach of this Contract;
    31.1.2. which was in the receiving party’s possession (as reflected in written records) at the time of disclosure by the disclosing party; and which was not acquired, directly or indirectly, from
    the disclosing party;
    31.1.3. which the receiving party can demonstrate; by written documents, resulted from its own research and development, independent of disclosure from the disclosing party;
    31.1.4. which the party receiving the information already possesses or which it obtains or originates independently in circumstances in which that party is free to disclose it; or which either party is obliged to disclose to comply with any requirement of the law.
    31.2. The parties agree both during this Contract and for a period of one year after termination of this Contract, to hold each other’s Confidential Information in confidence. The parties agree not to
    make each other’s Confidential Information available in any form to any third party or to use each other’s Confidential Information for any other purpose related to this Contract.
    31.3. Each party agrees to use its reasonable endeavours to ensure that Confidential Information is not disclosed or distributed by its employees or agents in breach of the provisions of this Contract.
    31.4. The Purchaser or Contractor agrees that any information received pursuant to this Contract shall be deemed subject to the nondisclosure obligations set forth herein.
  32. Data Protection: Both parties agree to comply with all applicable data protection legislation, including but not limited to the Data Protection Act 1998 and any subsequent amendments thereto.
  33. Insolvency of the Purchaser or Contractor
    33.1. This clause applies if:
    33.1.1. The Purchaser or Contractor makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction; or
    33.1.2. an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Purchaser or Contractor; or
    33.1.3. the Purchaser or Contractor ceases or threatens to cease to carry on business; or
    33.1.4. we reasonably apprehend that any of the events mentioned above is about to occur in relation to the Purchaser or Contractor and we notify the Purchaser or Contractor accordingly.
    33.2. If this clause applies then without prejudice to any other right or remedy available to us we shall be entitled to cancel the contract.
  34. Force Majeure: Except for the Purchaser’s or Contractor’s obligations to pay us, neither party shall be liable for any delay or failure to perform its obligations if such failure or delay is due to causes beyond its reasonable control (including any delay caused by an act or default of the other party).
  35. Unenforceable or illegal terms: If any provision of these terms and conditions is held to be unenforceable or illegal, in whole or in part, such provision or part thereof shall to that extent be deemed not to form part of these terms and conditions and the remainder shall not be affected.
  36. Law Applicable:
    36.1. This contract shall in all respects be subject to and construed in accordance with English law.
    36.2. 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 (Rights of Third Parties) Act 1999 are hereby excluded.