A. General provisions
A1. Definitions and interpretations
In these conditions.
‘’client’’ means the company employing MRI or the person or persons for the time being, or from time to time, duty appointed by the company employing MRI.
‘’Contract’’ means the contract between the client and MRI consisting of these conditions, the specification, instructions to tenderers, MRI’s tender response and any other documents (or parts thereof) specified by the client.
‘’Contract manager’’ means the person for the time being appointed by the client as being authorised the contract on behalf of the client or such person may be nominated by the ‘contract manager to act on his behalf.
‘’Contract period’’ means the period stated in the contract documents starting on the commencement date.
‘’Contract price’’ means the price exclusive of value added tax, payable to MRI by the client under the contract for the full and proper performance by MRI of his part of the contract as determined under the conditions of the contract but before taking into account the effect of any variation of price condition. In respect of goods. Contract price also includes delivery:
‘’Contractor’’ means the person, firm or company with whom the contract is made.
‘’Goods’’ means many such goods as to be supplied by MRI (or by MRI’s subcontractors) under the contract:
‘’Premises’’ means the location where the goods are to be delivered and/or the services are to be performed, as specified in the contract:
‘’Services’’ means the services to be provided as specified in the contract and shall, where the context so admits, include any materials, articles or goods to be supplied thereunder:
‘’Specification’’ means the formal description in objective and measurable terms of the characteristics of the goods or services required.
The interpretation and construction of this contract shall be subject to the following provisions.
Words importing the singular meaning include where the context so admits the plural meaning and vice versa.
Reference to a condition is a reference to the whole of that condition unless stated otherwise.
Reference to a clause is a reference to a paragraph within a condition unless stated otherwise.
References to any enactment order regulation or other similar instrument shall be construed as a reference to the enactment, order, regulation or instrument as amended by any subsequent enactment, modification, order, regulation or instrument.
The headings to conditions shall not affect their interpretation.
A2. Entire agreement
The contract constitutes the entire the agreement between all parties relating to the subject matter of the contract. The contract supersedes all prior negotiations, representations and undertakings, whether written or oral, except that this condition shall not exclude liability in respect of any fraudulent misinterpretation.
Any notices or other communication which is to be given by the either party to the other, shall be given by letter, ( sent by hand or post or by registered post or by the recorded delivery services) or transmitted by telex, tele message, facsimile transmission or any other means of telecommunication, confirmed by a written letter if required. Such notices or communications shall be deemed effectively given on the day when in the ordinary course of the means of transmission it would be first received by the addressee in normal business hours.
A4. Inspection of premises and nature services
A4.1. Save as the client may otherwise direct, MRI is deemed to have inspected the client’s premises before tendering so as to have understood the nature and extent of the contract to be carried out and be satisfied in relation to all matters connected with the installation of goods and / or supply of services and the premises.
A4.2. the client shall at the request MRI grant such access as may be reasonable for this purpose.
A5. Free-issue materials and other equipment
A5.1 where the client for the purpose of the contract issues equipment or materials free of charge to MRI such equipment or materials free of charge to MRI shall be and remain the property of the client MRI shall maintain all such equipment or materials in good order and condition and shall use such equipment or materials solely in connection with the contract.
A5.2 MRI shall ensure the security of all client property, equipment, plant, materials etc; whilst in MRI possession, either on its premises or elsewhere during the provision of the service and / or delivery of goods, in accordance with the clients approved security systems set out in the contract.
A5.3 MRI shall not be liable for any loss of or damage to any client’s property, unless the client is able to demonstrate that such loss or damage was caused or contributed to by the negligence or default of MRI. MRI shall forthwith inform the contract manager of any defects appearing in or losses or damage occurring to the client equipment or materials made available for the purposes of in.
A6. Mistakes in Information
Where appropriate MRI shall be responsible for the accuracy of drawings, documentations and information supplied to the client.
B. Statutory obligations and regulations
MRI shall not unlawfully discrimination within the meaning and scope of the provisions of the race relations Act 1976. The sex discrimination Act 1975. Or the disability discrimination act 1997 or the fair employment and treatment (Northern Ireland) order 1998, relating to discrimination in employment. MRI shall take all reasonable steps to secure the observance of these provisions by all servants, employees or agents of MRI and all suppliers and sub-contractors employed in the execution of the contract.
B2. Intellectual property rights
All intellectual property rights (including ownership and copyright) in any specifications, instructions, plans, drawings, patents, patterns, models, design or other material.
a) Furnished to or made available to MRI by the client shall remain the property of the client
b) Prepared by or for MRI for use, or intended use, in relation to the performance of this contract shall belong to the MRI and the client shall not and shall procure that the clients employees., servants, agents, suppliers and sub-contractors shall not (except when necessary for the implementation of the contract) without prior written consent of MRI use of disclose any such intellectual property and intellectual property rights, or any other information (whether or not relevant to tis contract) which MRI may obtain in performing the contract except information which is in the public domain.
B3. Health and safety
B3.1 MRI shall promptly notify the client of any health which may arise in connection with the performance of the contract.
B3.2 The client shall promptly notify MRI of any health and safety hazards which may exist or arise at the client premises which may affect MRI in the performance of the contract.
B3.3 while on the client’s premises of the contract shall comply with any health and safety measures implemented by the client in respect of personnel and other persons working on those premises.
B3.4 MRI shall notify the client immediately in the event of any incident occurring in the performance of the contract on the client’s premises where that incident causes any personal injury or damage to property which could give rise to personal injury.
B3.5 MRI shall take all necessary measures to comply with the requirements of the health and safety at work etc act 1974 and any other acts, orders, regulations and codes practice relating to health and safety, which may apply to staff in the performance of the contract.
B3.6 MRI shall ensure that his health and safety policy statement (as required by the health and safety at work act 1974) is made available to the client on request.
B4. Audit and the national audit office
MRI shall keep and maintain until two years after the contract has been competed, or as long a period as may be agreed between the parties. Full and accurate records of the contract, all expenditure reimbursed by the client, and all payments made by the client. MRI shall on request afford the client or the client’s representatives such access to those records as may be required by the client in connection with the contract.
C. Control of contract
C1. Assignment and sub-contracting
C1.1 MRI shall not assign or sub-contract any portion of the contract without the prior written consent of the client. Sub-contracting any part of the contract shall not relieve MRI under the contract or these conditions.
C1.2 Where the client has consented to the placing of sub-contractors, copies of each subcontractor shall be sent by MRI to the client immediately it is issued.
C1.3 the client is entitled to assign any or all of its rights under the contract to any contracting authority, provided that such assignment shall not materially increase the burden of MRI’s obligations under the contract.
C1.4 MRI shall be responsible for the acts and omissions of his sub-contractors as though they were on his own.
C2.1 the failure of either party to exercise any right or remedy shall not constitute a waiver of that right or remedy.
C2.2 no waiver shall be effective unless it is communicated to the other party in writing.
C2.3 a waiver of any right or remedy arising from a breach of contract shall not constitute a waiver of any right or remedy arising from any other breach of the contract.
If any provision of the contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provisions of the contract shall continue in full force and effect as if the contract has been executed with the invalid, illegal or unenforceable provisions eliminated. In the event of a holding of invalidity so fundamental as to prevent the accomplishment of the purpose of the contract, the parties shall immediately commence negotiations in good faith to remedy the invalidity.
C4. Time of performance
MRI shall begin performing the services or delivering the goods on the date stated in the contract and shall complete the work by the date stated in the contract or continue to perform the work for the period stated in the contract (whichever is applicable.) time is of the essence of the contract. The client may by written notice require MRI to execute the services or deliver the goods in such order as the client may decide. In the absence of such notice MRI shall submit such detailed programmes of work and progress reports as the client may from time to time require.
D. Payment and price
D1. Contract Price
D1.1 the contract prices and rates shall remain firm for the initial contract period, but not including any extension of the period.
D1.2 in the event that the contract price is increased or decreased as a result of any new legislation or regulation being made after the commencement of the contract. The amount of any such increase or decrease shall be treated as a variation to the contract and will be assessed on an individual basis. Such variations will not be allowed where new legislation or regulations are enacted after the commencement of the (a) contract. Any such variations to price which can be foreseen by MRI prior to commencement the contract will be deemed to have been included the contract price.
D2.1 Payment will be made within 30 days of receipt and agreement of invoices, submitted monthly in arrears, for work completed to the satisfaction of the client. The date of posting a cheque shall be the date of payment.
D2.2 value added tax, where applicable, shall be shown separately on all invoices as a strictly net extra charge.
D3. Recovery of sums due
D3.1 wherever under the contract any sum of money is recoverable from or payable by MRI, that sum may be deducted from any sum then due, or which at any later time may become due, to MRI under the contract or under any other agreement or contract with the client.
D3.2 monies owing not paid within 30 days incur a charge of 8.75%/month (or part thereof) until payment is made, unless agreed in writing with MRI accounts department.
E1. Indemnity and insurance
E1.1 MRI shall indemnify the client fully against all claims, proceedings, actions, damages, legal cost expenses and any other liabilities in respect of any death or personal injury, or loss of or damage to property, which is caused directly or indirectly by any act or omission of MRI is able to demonstrate that such death or personal injury, or loss or damage, was not caused or contributed to by his negligence or default, or the negligence or default of his staff or sub-contractors, Or by any circumstances within his or their contract.
E1.2 MRI shall effect and maintain with a reputable insurance company a policy or policies of insurance providing an adequate level of cover in respect of all risks which may be incurred by MRI, arising out of MRI’s performance of the contract, in respect of death or personal injury, Or loss of or damage to property.
E1.3 MRI shall hold employers liability insurance in respect of staff in accordance with any legal requirement for the time being in force.
E1.4 RI (London) shall produce to the client’s representative, on request, copies of all insurance policies referred to in this condition or other evidence confirming the existence and extent of the cover given by those policies, together with receipts or other evidence of payment of the latest premiums due under those policies.
E1.5 the terms of any insurance or the amount of cover shall not relieve MRI any liabilities under the contract. It shall be responsibility of MRI to determine the amount of insurance cover that will be adequate to enable MRI to satisfy any liability referred to in clause E1.2.
E2. Warranties and representations
MRI warrants and represents that:
a) At the acceptance date, the goods or the service shall meet the acceptance criteria.
b) At the acceptance date the goods shall operate in accordance with the relevant technical specifications:
c) The goods or services shall be fully compatible with the client’s equipment.
d) The service shall be supplied and rendered by appropriately experienced, qualified and trained personnel with all due skill, care and diligence.
e) MRI shall discharge his obligations hereunder with all due skill, care and diligence including but not limited to good industry practice and (without limiting the generality of this condition) in accordance with its own established internal procedures.
F. Default, disruption and termination
F1 termination on change of control and insolvency
MRI shall notify the client in writing immediately upon the occurrence of any of the following events:
a) MRI undergoes the change of control, within the meaning of section 416 of the income and cooperation taxes act 1988, which impacts adversely and materially on the performance of the contract: or
b) If MRI passes a resolution for winding up or dissolution (otherwise than for the purposes of and followed by an amalgamation or reconstruction) or the court makes an administration order or a winding –up order, or the company makes a composition or arrangement with its creditors, or an administrative receiver, receiver, manager or supervisor is appointed by a creditor or by the court, or possession I taken of any of its property under the terms of a fixed or floating charge.
c) Where MRI is unable to pay its debts within the meaning of section 123 of the insolvency act 1986: or any similar events occur under the law of any other jurisdiction within the United Kingdom.
d) The client may only exercise its right under clause F.1 (a) within 6 months after a charge of control occurs and shall not be permitted to do so where it has agreed in advance to the particular change of control that occurs. MRI shall notify the client immediately when any charge of control occurs.
F2. Termination on default
The client may terminate the contract, or terminate the provision of any part of the contract by written notice to MRI with immediate effect if MRI is in default of any obligations under the contract and:
a) MRI has not remedied the default to the satisfaction of the client within 30 days, or such other period as may be specified by the client, after issue of a written notice specifying the default a requesting It to be remedied: or
b) The default is not capable of remedy: or
c) The default is a fundamental breach of the contract
The client shall have the right to terminate the contract, or to terminate the provision of any part of the contract at any time by giving one week’s written notice to MRI. The client may extend the period of notice at any time before it expires subject to agreement to be provided by MRI during the period of extension.
F4. Consequences of termination
F4.1 where the client terminates the contract under condition F3, the client shall indemnify MRI against any commitments, liabilities or expenditure which would otherwise represent an unavoidable loss by MRI by reason of the determination of the contract. MRI shall submit fully itemised and costed list of such loss, with supporting evidence, of losses incurred by MRI as a result of termination under F3.
F4.2 termination within one week of due starting date incurs a charge for the full quoted price, unless agreed in writing from the managing director of MRI on headed company paper.
F5.1 MRI must take reasonable care to ensure that in the execution of the contract it does not disrupt the operations of the client, their employees or any other contractor employed by the client.
F5.2 MRI shall immediately inform the client of any actual or potential industrial action, whether such action is by their own employees or others, which affects or might affect their ability at any time to deliver goods or execute the services in accordance with the requirements of the contract.
F5.3 in the vent of industrial action by MRI’s/staff, suppliers or sub-contractors, MRI shall seek the clients written approval to their proposals to deliver the goods or maintain the service.
F5.4 if MRI‘s proposals referred to in clause.
F5.5 if MRI is temporarily unable to fulfil the requirements of the contract owing to disruption of normal business by direction of the client, an appropriate allowance by way of extension of time will be approved by the client. In addition, the client will reimburse any additional expense incurred by MRI in fulfilling the provisions of the contract as a result of such disruption.
F6. Recovery upon termination
F6.1 termination or expiry of the contract shall be without prejudice to any rights and remedies of MRI and the client accrued before such termination or expiration and nothing in the contract shall prejudice the right of either party to recover any amount outstanding at such termination or expiry.
F6.2 at the end of the contract period (and howsoever arising) MRI shall forthwith deliver to the client upon request all the clients equipment, materials, documents, information, access keys and other materials relating to the contract in its possession or under its control or in the possession or under the control of any permitted suppliers or sub-contractors and in default of compliance with this provision the client may recover possession thereof and MRI grants license to the client or its appointed agents to enter for the purposes of such recovering any premises of MRI or its permitted suppliers or sub-contractors where any such items will be held.
F7. Force majeure
F7.1 neither party shall be liable to the other party for any delay in or failure to perform in obligations under the contract (other than a payment of money) if such delay or failure results from circumstances beyond the party’s reasonable control known as force majeure.
F7.2 for the purpose of this condition ‘force majeure’ means any event or occurrence which is outside the reasonable control of the party concerned, and which is not attributable to any act or failure to take preventive action by the party concerned. It does not include and industrial action occurring within MRI’s organisation or within any sub-contractor’s organisation.
G. Disputes and law
G1. Governing law
The contract shall be governed by and interpreted in accordance with English law and shall be subject to the exclusive jurisdiction of the courts of England and wales.
G2. Dispute resolution
G2.1 the parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the contract.
G2.2 if the dispute cannot be resolved by the parties pursuant to clause G2.1, the dispute may, by agreement between the parties, be referred to mediation.
G2.3 the performance of the service shall not be suspended, cease or be delayed by the reference of a dispute to mediation and MRI (or employee, agent, supplier or sub-contractor) shall comply fully with the requirements of the contract at all times.
G2.4 the procedure for mediation and consequential provisions relating to mediation are as follows:
a) A neutral adviser or mediator (‘’the mediator’’) shall be chosen by agreement between parties or, if they are unable to agree upon a mediator within 14 days after a request by one party to the other, or if the mediator greed upon is unable or unwilling to act, either party shall within 14 days from the date of the proposal to appoint a mediator or within 14 days of notice to either party that they are unable or unwilling to act, apply to the centre for dispute resolution (‘’CEDR’’) to appoint a mediator.
b) The parties shall within 14 days of the appointment of the mediator meet them in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the parties may at any stage seek assistance from CEDR to provide guidance on a suitable procedure.
c) Unless otherwise agreed, all negotiations connected it the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the parties in any future proceedings.
d) If the parties reach agreement on the resolution of the dispute, the agreement shall be reduced to writing and shall be binding on the parties once it is signed by their duty authorised representatives.
e) Failing agreement, either of the parties may invite the mediator to provide a non-binding but informative opinion in writing. Such opinion shall be provided on a without prejudice
basis and shall not be used in evidence in any proceedings relating to the contract without the prior written consent of both parties. f) If the parties fail to reach agreement in the structured negotiations within 60 days of the mediator being appointed, or such longer period as may be agreed by the parties, then any dispute or difference between them may be referred to the courts.
All disputes, differences or questions between the parties to the contract with respect to any matter or thing arising out of or relating to the contract, other than a matter of thing as to which the decision of the client is final and conclusive, which cannot be resolved in accordance with condition G2, shall be referred to the arbitration of two persons, one appointed by the client and one by MRI, in accordance with the provisions of the arbitration act 1996 or any statutory modification or enactment thereof.
H. Manner of carrying out the services
H1 MRI shall make no delivery of materials, plant, equipment etc nor commence any work on the client’s prior consent.
H2 all equipment bought onto the client’s premises shall be at MRI’s own risk. MRI shall provide for the haulage or carriage thereof to premises and the removal of equipment when no longer required.
H3 access to the client’s premises shall not be exclusive to MRI but only such as shall enable the performance of the services concurrently with the execution of work by others. MRI shall cooperate with such others as the client may reasonably require.
The client shall have the power at any time during the progress of the services to order in writing:
a) The removal from the client’s premises of any materials, plants, equipment etc, which in the opinion of the client are either hazardous, noxious or not in accordance with the contract.
b) The substitution of proper and suitable materials, plant, equipment etc and/or.
c) The removal and proper re-execution notwithstanding and previous test thereof or interim payment thereof of any work which, in respect of material and workmanship, is not in the opinion of the client in accordance with the contract.
H4 on completion of the services MRI shall remove MRI’s plant, equipment and unused materials and shall clear away from the clients premises all rubbish arising out of the services and leave the clients premises in a neat and tidy condition.
I. Standard at work
I1. To the extent that the standard pf work has not been specified in the contract MRI shall use the best applicable techniques and standards and execute the contract with all the reasonable care, skill and diligence.
I2. MRI warrants and represents that all staff assigned to the performance of the service shall possess and exercise such skill and experience as being necessary for the proper performance of the service.
J. Variation of the services
The client has the right on giving reasonable written notice from time to time to require changes to the services (whether by way of omission of services. The addition of new services or the locations where they are provided or otherwise) for any reasons. Such a change is hereinafter called ‘’variation’’.
In the event of a variation the price to be paid under the contract may also be varied. Such variation in the price contract may also be varied. Such variation in the price shall be calculated by MRI and agreed with the client and shall be such amount as property and fairly reflects the nature and extent of the variation in all the prevailing circumstances. Failing agreement, the matter shall be determined by negotiation or mediation in accordance with the provision of condition G2. The client shall provide such information as may be reasonably required to enable such varied price to be calculated.
K. MRI personnel
If the client gives MRI notice that any person is not to become involved in or is to be removed from involvement in the performance of the contract, MRI shall take all reasonable steps to comply with such notice and if required by the client MRI shall replace any person removed under this condition with another suitably qualified person and procure that may pass issued to the person who is removed is surrendered. If and when instructed by the client. MRI shall give to the client a list of names and addresses of all persons who are or who may be at any time concerned with the services or any part of them. Specifying the capacities in which they are so concerned and giving such other particulars and evidence of identity and other supporting evidence as the client may reasonably require. The client shall bear the cost of any notice, instruction or decision of the client under this condition.
L. Purchasing on behalf of the client
In the event that MRI procures goods or services including equipment from third parties on behalf of the client then they shall at all times do so in accordance with the provisions of the public supply contracts regulations 1995 S.D 201 and the public services contracts regulations 1993 S.D 3228 as though MRI were a contracting authority within the meaning of the said regulations.
M. Access to client’s premises
MRI shall take the steps reasonably required by the client to prevent unauthorized persons from being admitted to the client’s premises. The contract manager shall afford to the authorised personnel of MRI at all reasonable times and with prior agreement such access to the clients premises as may be necessary for the performance of the contract provided always that the contract manager shall have the right to refuse admittance to or order the removal from the premises any person employed by or acting on behalf of MRI or any sub- MRI who in the opinion of the contract manager (which shall be final) is not a fit and proper person to be on the client’s premises. Action taken under this condition shall be confirmed in writing to MRI by the contract manager and shall not relieve MRI of their obligations under the contract. At all times personnel of MRI shall obey the contracts manager’s directions relating to safety.
Where staff are required to have a pass for admission to the client’s premises, the client’s representative shall subject to satisfactory completion of approval procedures, arrange for passes to be issued.
N. Licence to occupy premises
Any land premises (including buildings) made available to MRI by the client in connection with the contract shall be made available to MRI free of charge and shall be used by MRI solely for the purpose of performing the contract. MRI shall have the use of such land or premises as licensee and shall vacate the same on completion, termination or abonnement of the contract.
O. Conflicts of interest
MRI shall take appropriate steps to ensure the neither MRI nor any employee, servant, agent, supplier or sub-MRI is placed in a position where there is or may be an actual conflict, or a potential conflict between the pecuniary or personal interests of such persons and the duties owed to the client under the provisions of the contract. MRI will disclose to the client full particulars of any such conflict of interest which may arise. The provisions of this condition shall apply during the continuance of this contract and indefinitely after termination.
P. Contracts lifts
P1. Quotes on contract lifts are based on working up to 10 hours site work per day. Excess hours will be chargeable at £450.00 per hour (or part thereof)
P2. Provision of standard lifting tackle (as detailed in the method statement) is included in the prices. Extra costs for specialists lifting tackle requirements will be discussed and put into writing at least 3 days prior to the lift.
P3. The quote price includes
a) Transportation of crane
b) Rigging/derigging of crane
c) Method statements/ risk assessments
d) Standard lifting tackle
e) Any road closures
f) Traffic management
g) Resident letter drops
h) Meter suspensions
i) Transport for removal of redundant plant
j) Fencing and task lighting
k) Pedestrian management
l) All required certified labour
P4. MRI’s liability arising from or in connection with the lifting operation will be limited to:4.1 For the loss of destruction of, or damage to the contract goods, our liability will be limited to a total of the limitations as set out on our certificates of insurance at the time.
4.2 for other loss, damage or injury liability, our liability will be limited to a total of limitations as set out of our certificates of insurance at the time.
4.3 MRI can on request prior to the commencement of the lifting contract, provide quotations to increase the amounts. This must be agreed in writing prior to the commencement of the lifting contract.
P5. Postponement/cancellation policy
5.1. a minimum postponement/cancellation period of 5 working days prior to the commencement of the hire is required for machines of 250 tonnes capacity and above.
5.1.1 Postponement within this period will be subject to 2/3rds of the contract value being charged.
5.1.2 Cancellation within this period will be subject to the full contract value being charged.
5.2 postponement/ cancellations charges are only variable subject to approval in writing from the managing director of MRI.
6.1.1 Free and unrestricted access is required to all areas of operation.
6.1.2 Any road closure/ traffic management requirements should be in place in good time.
6.1.3 in the client’s responsibility to ensure all necessary authorisations/permits are obtained unless agreed that responsibility lies within MRI with the managing director of MRI.
6.1.4 Failure to comply with the above will leave the client liable for the full contract charges, should the job be aborted.
6.1.5 in the event that MRI is responsible for organising road closure permits, meter suspensions, bus stop suspensions and other items governed by local authorities MRI accepts no responsibility for consequential; loss incurred by our client should the local authority revoke the permissions at any stage of the project or lead up to it.
7. General conditions
7.1 Any quotation for contract lifts is based upon C.P.A. standard terms and conditions for a contract for the lifting and movement of goods involving crane operation.
7.2 These terms and conditions shall not be varied except with MRI‘s written agreement and signed by the managing director of MRI.
7.3 unless otherwise specified by MRI in writing, every quotation is open for acceptance for a period of thirty days, after which the quotation will be subject to confirmation by MRI.
7.4 V.A.T will be charged at the prevailing rate.
8.0 Specific conditions your attention is drawn to clause 7 of the C.P.A standard terms and conditions for a contract for the lifting and movement of goods involving crane operation. In particular the client should note the following.
8.1 Any deflect in the contract goods including any design deflect relating to lifting points on the contract goods, remains the client’s responsibility.
8.2 Any defect in equipment provided by the client, remains the client’s responsibility.
8.3 Unexpected and unforeseen subsidence or unstable ground conditions. We require you to provide a safe hard-standing area for our equipment to operate from.
8.4 Delay in commencing or completing the contract work due to circumstances beyond MRI’s control including, but not limited to, any strike or other industrial action. In particular costs arising from delays due to inclement weather i.e. wind speeds that are in excess of the design limitations for the crane configurations being used. Full charges apply in these circumstances.
9.0 acceptance of the plant on site implies acceptance of all terms and conditions stated in the ‘contractual lifts’ section of these terms and conditions.