About Snap-on Equipment
Snap-on Equipment is a fully-owned subsidiary of Snap-on Corporation, the largest tools and equipment manufacturer in the world. The company was formed in 2006 following the merger of HOFMANN and John Bean (formally Balco), both leading names in the garage equipment industry.
Snap-on Equipment designs, manufactures and markets an extensive range of equipment for car and commercial vehicle services. Products under the HOFMANN, John Bean and Cartec brands include brake and suspension testers, chassis dynamometers, tyre changers, wheel balancers and wheel aligners, emission analysers, MOT bays and headlight adjustment equipment. Customers are supported through comprehensive in-house service, training and finance operations.
We have one of the largest in-house teams in the UK with a nationwide team of service engineers covering the entire UK market.
All of our engineers receive factory training on a regular basis and operate in accordance with the Garage Equipment Association Code of Practice. Through constant communication with our UK headquarters they are able to react immediately to a customer’s request. Our Service Call Centre, based at our King’s Lynn headquarters, handles all customer enquiries. We offer a full range of services including breakdown service, calibration contracts and maintenance contracts tailored to the individual customer’s needs.
Our Training Centre in King’s Lynn has the latest product technologies including alignment. We regularly hold a product training service and computerised alignment course in King’s Lynn.
Courses are available for basic and advanced users and can be run for groups of four or more people. We can also tailor our training programme to meet your specific needs.
Unit 17 Denney Road
The most valued productivity solutions in the world.
We deeply believe in:
- Non-negotiable product and workplace safety
- Uncompromising quality
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Our behaviours define our success:
- We demonstrate integrity
- We tell the truth
- We respect the individual
- We promote teamwork
- We listen
To be acknowledged as the:
- Brands of choice
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- Franchisor of choice
- Business partner of choice
- Investment of choice
SNAP-ON EQUIPMENT LTD TERMS & CONDITIONS OF SALE AND INSTALLATION OF EQUIPMENT
SECTION A: GENERAL
1.1 In these Conditions:
“Authorised Representative” means in respect of the Buyer a duly appointed director (if a company) partner (if a firm) or principal (if a sole trader) and in respect of the Seller a duly appointed director;
“Buyer” means the person, firm or company named in the Order or the person, firm or company who or which issues an Order to the Seller for the supply and/or installation of Equipment;
“Conditions” means these terms and conditions of sale and installation set out in this document;
“Consumable Parts” means any part of the Equipment, including but not limited to cables, sensors, batteries, filters, test harnesses, exhaust probes and hoses and software, that may have a limited life or require to be changed or updated from time to time during the working life of the Equipment;
“Contract” means the contract for the sale and purchase of the Equipment and/or its installation which incorporates the terms of the Sales Order Form, these Conditions and any Special Conditions;
“Equipment” means the goods or items of equipment (including any instalment or any parts for them) the subject matter of the Order;
“Installation” means the installation of the Equipment at the site by the Seller or the Seller’s agent;
“Order” means the Seller’s Written quotation (if accepted by the Buyer) or the Buyer’s Written order (if accepted by the Seller) or the Seller’s completed Sales Order Form, subject in each case to these Conditions detailing the Equipment to be purchased, the Price, the Site, installation details and such other information as the Seller requires to conclude the Contract;
“Price” means the price of the Equipment and the charge for its installation;
“Seller” means Snap-on Equipment Ltd (registered in England under number 04312415);
“Site” means the Buyer’s premises identified in the Contract at which the Equipment is to be installed;
“DVSA” means the Driver and Vehicle Standards Agency;
“Writing” and any similar expression, includes facsimile transmission but not electronic mail or other forms of electronic communication.
1.2 A reference in these Conditions to a provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.<
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2: BASIS OF SALE OF THE EQUIPMENT
2.1 The Seller shall sell and the Buyer shall purchase the Equipment in accordance with the Order, which shall govern the Contract to the exclusion of any other terms subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
2.2 No variation to these Conditions shall be binding unless agreed in Writing between the Authorised Representatives of the Buyer and the Seller.
2.3 The Seller’s employees or agents are not authorised to make any representations concerning the Equipment or its installation unless confirmed by the Seller in Writing. The Buyer acknowledges that it does not rely on any representations that have not been confirmed in Writing, but nothing in these Conditions affects the liability of either party for fraudulent misrepresentation.
2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application, use, servicing or maintenance of the Equipment which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
3: ORDERS AND SPECIFICATIONS
3.1 No Order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in Writing by the Seller’s Authorised Representative.
3.2 The Buyer shall be responsible to the Seller for ensuring the suitability of the Equipment for its purpose and for the accuracy of the terms of any Order (including any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Equipment within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
3.3 The quantity, quality and description of the Equipment and any specification for them shall be as set out in the Order.
3.4 The Seller reserves the right to make any changes in the specification of the Equipment which is required to conform to any applicable statutory or E.U. requirements or, which do not materially affect their quality or performance.
3.5 No Order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.
4.1 Delivery of the Equipment shall be made by the Seller delivering the Equipment to the Site. It is the Buyer’s responsibility to provide the means of offloading the Equipment from the carrier’s vehicle at the place of delivery and to issue the Equipment from that time.
4.2 Any dates quoted for delivery of the Equipment are approximate only and the Seller shall not be liable for any delay in delivery of the Equipment however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Authorised Representative of the Seller in Writing. The Equipment may be delivered by the Seller in advance of the quoted delivery date on giving reasonable notice to the Buyer.
4.3 The Seller may deliver the Equipment in instalments, in which case each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
4.4 If the Seller fails to deliver the Equipment (or any instalment) for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar Equipment to replace those not delivered over the price of the Equipment.
4.5 If the Buyer fails to take delivery of the Equipment or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without limiting any other right or remedy available to the Seller, the Seller may:
4.5.1 store the Equipment until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage and re-delivery; or
4.5.2 sell the Equipment at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
5: PRICE OF THE EQUIPMENT
5.1 The Price of the Equipment shall be the Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the Seller’s published price list current at the date of acceptance of the Order. All prices quoted are valid for 30 days only or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.
5.2 The Seller reserves the right, by giving Written notice to the Buyer at any time before delivery, to increase the price of the Equipment where there is any change in delivery dates, quantities or specifications for the Equipment which is requested by the Buyer, or any delay is caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions. Terms and Conditions of Sale and Installation of Equipment
5.3 Except as otherwise stated in the Seller’s Written quotation or in any price list of the Seller, and unless otherwise agreed in Writing between the Buyer and the Seller, all prices include the cost of transport, packaging and insurance for delivery of the Equipment to the Site provided it is on mainland Britain. The Seller may charge extra for special delivery arrangements and for any delivery arrangements outside mainland Britain.
5.4 The price is exclusive of any applicable Value Added Tax, which the Buyer shall be additionally liable to pay to the Seller.
6: TERMS OF PAYMENT
6.1 Subject to any special terms agreed in Writing between the Buyer and the Seller, the Seller may invoice the Buyer for the price of the Equipment on or at any time after delivery of the Equipment, or the Buyer wrongfully fails to take delivery of the Equipment or the delivery is delayed because the Buyer has failed to comply with the requirements of Sections B and/or C in which event the Seller shall be entitled to invoice the Buyer for the Price at any time after the Seller has notified the Buyer that the Equipment is ready for collection or (as the case may be) the Seller has tendered delivery of the Equipment.
6.2 The Buyer shall pay the price of the Equipment in accordance with the payment terms in the Order accepted by the Seller. The Seller shall be entitled to recover the Price, notwithstanding that delivery may not have taken place and the property in the Equipment has not passed to the Buyer. The time of payment of the Price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
6.3 If the Buyer fails to make any payment on the due date then, without limiting any other right or remedy available to the Seller, the Seller may:
6.3.1 Cancel the Contract or suspend any further deliveries to the Buyer;
6.3.2 Appropriate any payment made by the Buyer to such of the Equipment (or any equipment or services supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and
6.3.3 Charge the Buyer interest (both before and after any judgment) on the amount unpaid and statutory compensation in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
7: RISK AND PROPERTY
7.1 Risk of damage to or loss of the Equipment shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Equipment, the time when the Seller has tendered delivery of the Equipment.
7.2 Notwithstanding delivery and the passing of risk in the Equipment, or any other provision of these Conditions, the property in the Equipment shall not, where the law allows, pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the Price of the Equipment and all other equipment and/or services agreed to be sold and/or supplied by the Seller to the Buyer for which payment is then due.
7.3 Until such time as the property in the Equipment passes to the Buyer, the Buyer shall hold the Equipment as the Seller’s fiduciary agent and bailee, and shall keep the Equipment separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property.
7.4 Until such time as the property in the Equipment passes to the Buyer, the Seller may at any time require the Buyer to deliver up the Equipment to the Seller and, if the Buyer fails to do so immediately, enter on any premises of the Buyer or any third party where the Equipment is stored and repossess it.
7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Equipment which remains the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without limiting any other right or remedy of the Seller) immediately become due and payable.
7.6 Notwithstanding that the property in the Equipment has not passed to the Buyer the Seller may still sue the Buyer for the Price.
8: WARRANTIES AND LIABILITY
8.1 Subject to the following provisions the Seller warrants that the Equipment will correspond with its specification at the time of delivery and will be free from defects in materials and workmanship for a period of 12 months from the date of delivery. If the Equipment sold is or includes refurbished product or spare parts then the applicable warranty period shall be six months. Where defective parts are replaced during the warranty period their replacement shall not extend the duration of the warranty applicable to the Equipment as a whole.
8.2 The above warranty is given by the Seller subject to the following conditions:
8.2.1 The Buyer having complied in full with the requirements of the current edition of the Garage Equipment Association Code of Practice for the sale, installation, inspection and servicing of garage and workshop equipment (as at the date of the Contract), as regards preparation of the Site;
8.2.2 The Seller shall be under no liability in respect of any defect arising from fair wear and tear; wilful damage; negligence; abnormal working conditions or loads; failure to follow the Seller’s or the Equipment manufacturer’s instructions (whether oral or in Writing); misuse or alteration or repair of the Equipment without the Seller’s approval;
8.2.3 The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total Price for the Equipment has not been paid by the due date for payment;
8.3 The Buyer acknowledges as follows:
(i) The Equipment is designed for use in connection with most normal, unadapted, production motor cars or, where applicable, commercial vehicles.
(ii) The Seller has given no warranty and has made and makes no representation as to the suitability of the Equipment for use in connection with any other vehicle or type of vehicle and in particular, any vehicle that has been adapted, altered or customised.
(iv) The Buyer relies exclusively upon their own skill and judgement as to the fitness of the equipment for their own particular purposes.
(v) The terms of this Clause 8 are in all circumstances reasonable.
8.4 A claim by the Buyer which is based on damage in transit or on any defect in the quality or condition of the Equipment or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 10 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Equipment and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the Price as if the Equipment had been delivered in accordance with the Contract.
8.5 Save for delivery claims pursuant to Clause 4, the Seller’s liability to rectify any defect in any Equipment shall only arise provided that:
(i) The Buyer has notified the Seller in writing of the alleged defect at the time of installation or commissioning. In the event of any Equipment being subject to a defect not discoverable upon reasonable inspection or testing at the time of delivery, installation or commissioning, then in writing within 10 days of the actual discovery of alleged defect and in any event in writing within 12 months of delivery of the Equipment to the Buyer.
(ii) The Buyer shall have complied with all of its obligations under the Contract.
(iii) The Buyer has afforded to the Seller on request reasonable facilities to inspect the Equipment at the Site.
8.6 Where a valid claim in respect of any of the Equipment which is based on a defect in the quality or condition of the Equipment or its failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller may replace the Equipment (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the Price (or a proportionate part of the Price, if part only of the Equipment is defective), in which case the Seller shall have no further liability to the Buyer.
8.7 Except in respect of death or personal injury caused by the Seller’s negligence, or liability for defective products under the Consumer Protection Act 1987, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit; loss of contracts; loss of revenue; loss of goodwill, loss of business, or of anticipated savings or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Equipment (including any delay in supplying or any failure to supply the Equipment in accordance with the Contract or at all) or its use by the Buyer in its business, and the entire liability of the Seller under or in connection with the Contract shall not exceed the Price, except as expressly provided in these Conditions.
8.8 The Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Equipment, if the delay or failure was due to any cause beyond the Seller’s reasonable control, including but not limited to Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
8.9 If at the point of delivery any consumable part of any Equipment is subject to any defect arising solely from faulty manufacture or workmanship and that defect is such as to prevent the normal use of the Equipment the Seller will at its sole option repair or replace that consumable part at its own cost, which shall be the Buyer’s sole remedy.
8.10 The Seller shall not in any event be liable in respect of the following:
(i) Any recalibration of the Equipment;
(ii) Any defect in the Equipment arising wholly or partly from misuse, unreasonable or improper use, accidental damage, neglect, lack of maintenance, adaption or alteration of or to the Equipment;
(iii) Any defect arising from normal fair wear and tear or continued use of the Equipment after any part has become significantly worn;
(iv) Any defect in the Equipment arising from installation or maintenance not undertaken by the Seller’s employees or agents;
(iv) Any defect in the Equipment arising from installation or maintenance not undertaken by the Seller’s employees or agents;
(v) Any defect in the Equipment arising from improper installation of software otherwise than by the Seller’s employees or agents;
(vi) Any defect in the Equipment arising from fire, water, wind, lightening or other natural causes;
(vii) Any defect in the Equipment caused by adverse environmental conditions including without limitation, extreme temperatures, moisture, corrosive elements, dust or other air contaminants, radio frequency interference, electric power failure, power line voltages beyond those specified for the Equipment, unusual physical, electrical or electromagnetic stress and/or any other condition outside the Seller’s environmental specifications;
(viii) Any defect in the Equipment arising from use of the Equipment in combination or connection with any other product, attachment, supplies or consumables not manufactured or distributed by the Seller;
(ix) Any defect in the Equipment arising from any failure on the part of the Buyer, its employees or agents to comply with any legislation or DVSA requirement;
(x) Normal works of maintenance and servicing, and the replacement of parts subject to normal wear and tear.
9: INSOLVENCY OF BUYER
9.1 This Clause 9 applies if:
9.1.1 the Buyer makes a composition or voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) enters administration or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction), or a moratorium comes into force in respect of the Buyer (within the meaning of the Insolvency Act 1986) (as amended); or
9.1.2 An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
9.1.3 The Buyer ceases, or threatens to cease, to carry on business; or
9.1.4 The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
9.2 If this clause applies then, without limiting any other right or remedy available to the Seller, the Seller may cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Equipment has been delivered but not paid for the Price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
10.1 The Seller is not obliged to accept Equipment returned by the Buyer that is not defective. If the Seller agrees to the return of the Equipment it shall be on terms:
10.1.1 The Buyer first obtains a returns authorisation number (RNA) from the Seller;
10.1.2 The Equipment is returned in suitable packaging, has not been used and is returned undamaged and re-useable except for packaging;
10.1.3 The Buyer pays the cost of carriage for return and insurance;
10.1.4 The Seller may charge a handling fee of 25% of the invoice value of the Equipment.
11.1 A notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
11.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
11.3 If any provision of the Contract or these Conditions is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract or these Conditions and the remainder of the provision in question shall not be affected.
11.4 The Contract shall be governed by the laws of England. The Buyer agrees to submit to the exclusive jurisdiction of the English courts. Where the Buyer’s place of business is outside England and Wales the Seller in its sole discretion may elect to commence proceedings in the Buyer’s local courts. The Buyer agrees to submit to such a claim brought in such courts.
SECTION B: SPECIFIC TERMS RELATING TO INSTALLATION OF EQUIPMENT
12: PREPARATION OF THE SITE, INSTALLATION & COMMISSIONING
12.1 Following a site visit by the Seller, unless it is agreed – in order that the installation to be to the Buyer’s specification the Seller shall supply the Buyer with drawings, plans and detailed specifications for the proposed installation of the Equipment at the Site, detailing the steps to be taken by the Buyer to prepare the Site in readiness for the installation of the Equipment.
12.2 The Buyer acknowledges that the margins for error in following lay outs and plans are extremely small and may cause considerable extra and time-consuming work to rectify. The Seller shall be under no obligation to supply or install the Equipment until the Buyer has correctly prepared the Site in accordance with the Seller’s specification and or the conditions set out in the Schedule.
12.3 Any building contractor, electrical contractor, architect, surveyor or other contractor or person engaged by the Buyer for the purposes of or in connection with the preparation of the Site shall be deemed to be the agent or independent contractor of the Buyer. In no circumstances shall the Seller be responsible for any act or omission of any such person or for any delay, loss or expense arising from any such act or omission.
12.4 On completion of the preparation of the Site in accordance with the Seller’s specification and the Buyer’s full compliance with its obligations in the Schedule, the Buyer shall certify in Writing that the site is ready for the installation of the Equipment. The Seller may inspect the Site following such certification and may elect without prejudice to its rights and remedies not to deliver or install the Equipment until the Seller is satisfied that the Site is ready. If it transpires that the preparation is incomplete or incorrect then the Buyer shall take immediate steps to rectify the problem at its own expense and shall indemnify the Seller and reimburse all additional costs and expenses incurred by the Seller as a result of the Site not being adequately prepared and without prejudice the Seller may elect not to deliver or install the Equipment until the Seller is satisfied that the Site is ready.
12.5 Once the Seller is satisfied that the preparation of the Site is complete it will arrange a date for delivery and installation. Any such date and time given will be subject to Clause 4.
12.6 The Seller shall not in any circumstances be liable for any direct or indirect loss, expense or claim arising from the postponement of installation as a result of the Buyer’s failure to comply with the Seller’s specifications and/or any of the obligations as set out in the Schedule.
12.7 The Seller will carry out the installation of the Equipment as specified in the Order. The Seller will be entitled to charge the Buyer an amount in addition to the Price, calculated on a time and materials basis, where at the time of or fixed for the installation of the Equipment:
12.7.1 Any additional work is required by the Buyer;
12.7.2 Additional work is required as a consequence of the Buyer failing to adhere to the Seller’s specifications and/or any of the obligations as set out in the Schedule;
12.7.3 Additional work and/or materials are required due to the Buyer exceeding the distance between the installed Equipment and the Buyer’s specified console position as particularised in the Seller’s specifications;
12.7.4 The Seller incurs wasted costs or expense as a result of any postponement of the delivery and or installation;
12.7.5 The Seller incurs additional labour costs as a result of the Buyer’s failure to ensure adequate labour on site to assist in the installation as required.
13: TESTING, USE AND MAINTENANCE OF FIXED EQUIPMENT
13.1 Following installation of the Equipment, the Seller’s engineer will test and commission the Equipment, provide basic training in the correct operation of the Equipment and provide maintenance instructions.
13.2 Following installation of the Equipment the Seller’s engineer will make a temporary electrical connection for test purposes only. The final electrical connection of the Fixed Equipment is the exclusive responsibility of the Buyer and must be undertaken by a suitably qualified electrician in accordance with the current IEE standards applicable at the date of connection. The Seller will not be responsible for the costs of effecting a final electrical connection.
13.3 In addition to Clause 13.2 it shall be the Buyer’s responsibility to cover any open channels following installation.
13.4 All Equipment is to be stored, applied and maintained and used by the Buyer entirely in accordance with the written recommendations of the manufacturer of the Equipment. Any storage, application or use of the Equipment by the Buyer otherwise than in accordance with the manufacturer’s written recommendations is entirely at the Buyer’s own risk and vitiates any warranty or claim against the Seller that the Equipment is defective.
13.5 Subject to clause 13.4 the Seller will, except where the work is repair work carried out under Clause 8, on request and within a reasonable time of such request and in return for the Buyer paying for such services at the Seller’s prevailing labour and materials rates, undertake routine maintenance of the Equipment during the period of warranty applicable to the particular Equipment.
SECTION C: BUYER’S OBLIGATIONS IN RELATION TO INSTALLATION AND EQUIPMENT
1 To obtain written approval from DVSA in respect of the Site where the Equipment is to be used for authorised MOT testing.
2 To correctly prepare the Site in accordance with the requirements of the Seller’s specification.
3 The concrete base at the Site upon which the Equipment is to be installed must comply with the Seller’s specifications.
4 All floor levels at the Site must comply with the Seller’s specification, and DVSA specifications in the case of Equipment used for MOT testing, including and not limited to the available floor area for the installation.
5 Any recess provided for in the specification must be constructed and finished in accordance with the Seller’s specification.
6 No underground cables, pipes, or drains should run under that part of the Site where the Equipment is to be installed, except insofar as such cables, pipes or drains are required for the purposes of the installation of the Equipment as particularised in the Seller’s specification.
7 A suitable single-phase or three-phase, neutral and earth supply has been provided to a suitable isolator switch at the Site adjacent to the proposed installation in accordance with the ratings particularised in the specification.
8 Where the Equipment comprises or includes a vehicle lift, upon installation there must be a minimum working clearance around the lift of 600mm or as specified in current Health and Safety legislation. If the lift is to be used for authorised MOT testing, the position of the lift and the minimum working clearances around the lift must comply with all DVSA and Department of Transport requirements current at the date of Installation. In addition, the Buyer is to provide a suitably loaded vehicle with weighbridge certificate at the time of Installation to facilitate the testing and certification of the safe working load of the lift. The vehicle provided must not exceed the design load of the lift.
9 Where the Equipment comprises an operational console the Buyer will provide to the Seller prior to any proposed Installation date details of the position of Installation of the operational console. Any console position details provided by the Buyer must comply with the following:
• Console fixing must be of a suitable structure in compliance with the Seller’s specification;
• All DVSA and Department of Transport requirements current at the date of installation;
• Once installed, the distance between the console and the Equipment does not exceed the distance particularised in the Seller’s specification;
• Adequate ducting has been provided and installed between the proposed site of Installation of the Equipment and the proposed console position;
• Adequate ducting means ducting which complies in all respects with the Seller’s specifications;
• A forklift, suitable crane or other lifting device is available at the Site at the time of Installation for the purposes of but not limited to the removal of the Equipment from the delivery lorry and/or the positioning of the Equipment during Installation.
10 Where required a suitable clean compressed air supply is available within one metre of the connection to the Equipment.
11 The Buyer will provide a safe working environment for the Seller’s employees or agents carrying out the Installation in accordance with all requirements of Health and Safety legislation.
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