Terms and Conditions of Inspection Services.
Effective Date: 01/04/2026
Definitions
In these Terms and Conditions the following words shall have the following meanings:
• “Contract” – the agreement between us and you for the provision of the Inspection Service, including the Schedule.
• “Inspection Service” – the thorough examination / inspection of Plant carried out by a Competent Person.
• “Plant” – the lifting equipment, work equipment or other items listed in the Schedule.
• “Report” – the written report (or on-site report) produced following an Inspection.
• “Schedule” – the list of Plant, Inspection Intervals and Contract Price details.
• “Site” – the location(s) where the Plant is situated for inspection.
• “Competent Person” – a person possessing the necessary practical and theoretical knowledge, skill, experience and qualifications required under relevant statutory regulations (including LOLER and PUWER).
• “Contract Price” – the price payable for the Inspection Services as agreed in writing.
• “Normal Working Hours” – 08:00 to 17:00 Monday to Friday, excluding public holidays.
• “we / us / our / ProTec” – ProTec Statutory Safety Inspections Ltd (Company Number [Insert]).
• “you / your” – the customer entering into this Contract.
1. Scope of the Inspection Service
1.1 We will provide the Inspection Service for the Plant at the Site in accordance with this Contract. In consideration, you will pay us the Contract Price.
1.2 Where you require the Inspection Service to be carried out in accordance with specific statutory regulations (including LOLER and PUWER), the scope will (so far as possible) comply with those regulations, relevant guidance and approved codes of practice. The Report will identify the applicable regulations and guidance.
1.3 Where no specific statutory regulations apply, the scope will be as agreed in writing or, in the absence of agreement, as reasonably determined by us.
1.4 The scope of the Inspection Service is limited to the extent that you have prepared the Plant for inspection. If any Plant or part of the Plant cannot be located or made available, the Report will record this and the reason.
1.5 The Report may draw your attention to other obvious defects outside the scope of the Inspection, but we have no obligation to do so. Any such defects remain your sole responsibility.
1.6 The Inspection Service does not include preparation, operation, repair or maintenance of the Plant.
1.7 We may, at our absolute discretion, agree to provide Additional Services. Unless expressly agreed, Additional Services are outside the scope of the standard Inspection Service and will include (without limitation):
1.7.1 Compilation and/or certification of written schemes of examination;
1.7.2 Witnessing or provision of NDT, proof load tests or other non-routine tests;
1.7.3 Assessment of design, construction or suitability of Plant;
1.7.4 Assessment of proposed repairs or modifications;
1.7.5 Additional inspections during or after repair/modification;
1.7.6 Inspection of Plant in non-standard operating conditions;
1.7.7 Postponement of inspections where permitted by regulation.
2. Duration
2.1 This Contract shall remain in force until the end of the Term unless terminated in accordance with Clause 9.
2.2 At the end of the Term the parties may mutually agree to renew the Contract. We reserve the right to adjust the Contract Price upon any renewal.
3. Our Obligations
3.1 We will provide the Inspection Service within Normal Working Hours using reasonable endeavours.
3.2 We will use reasonable endeavours (including contact by telephone or in writing) to carry out Inspections at the agreed Inspection Intervals.
3.3 We will produce the Report within 14 days of completing an Inspection, unless an item presents immediate danger, in which case an on-site report will be issued prior to leaving the Site.
3.4 We will notify you in writing within 14 days of any abortive attempt to arrange an Inspection.
3.5 We will comply with your reasonable safe systems of work as notified to us. We reserve the right not to carry out an Inspection if, in our absolute discretion, it would pose an unacceptable risk to the health, safety or welfare of any person.
4. Contract Price and Payment
4.1 You shall pay the Contract Price at the start of the Term or as otherwise agreed in writing.
4.2 We may adjust the Contract Price at the end of the Term or mid-term to reflect additions or deletions of Plant, changes to Inspection Intervals, or other variations.
4.3 All invoices are payable within 30 days of the invoice date. We reserve the right to charge interest on late payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
4.4 Prices are exclusive of VAT and any other applicable taxes or duties, which shall be payable by you in addition.
4.5 We reserve the right to suspend the provision of Inspection Services if any invoice remains unpaid after the due date.
5. Your Obligations
5.1 You will ensure that all Plant requiring inspection are accurately included in the Schedule and notify us immediately in writing of any errors or omissions.
5.2 You will, at your own expense, have the Plant properly cleaned, prepared, and made safe for inspection and provide all necessary ancillary testing equipment.
5.3 You will be responsible for the reassembly of the Plant after inspection.
5.4 You will make available suitable staff, access equipment, and (where required) a skilled and qualified operator.
5.5 You will provide safe access to the Site and a safe working environment.
5.6 You will promptly provide us with all information and documents reasonably requested, including details of any modifications made to the Plant since the last inspection.
5.7 You will notify us if any Plant is being operated in Non-Standard Operating Conditions.
5.8 You will use reasonable endeavours to comply with arrangements we propose for carrying out Inspections.
5.9 It is your legal duty under relevant statutory regulations to ensure Plant is inspected at the prescribed intervals. You should maintain a system to monitor these intervals.
5.10 You may be required to pay additional charges where:
• Inspections are carried out outside Normal Working Hours at your request;
• Our staff are required to undertake your specific Health & Safety training;
• We are unable to carry out a scheduled inspection through no fault of our own;
• Re-examination of Plant is required;
• You request postponement of an inspection;
• You request duplicate copies of Reports.
6. Liability and Insurance
6.1 We accept no responsibility for damage to the Plant caused by the Plant failing to withstand a test applied during the Inspection Service.
6.2 Subject to 6.1, we will indemnify you against any loss, damage, injury or death caused by our negligent act or omission, up to the limit in 6.4.
6.3 You will indemnify us against any loss, damage, injury or death caused by your (or your employees’, agents’ or subcontractors’) negligent act or omission or breach of this Contract.
6.4 Our total aggregate liability to you under or in connection with this Contract shall not exceed £1,000,000 (one million pounds sterling) for any claim or series of connected claims. This limit does not apply to liability for death or personal injury caused by our negligence.
6.5 Neither party shall be liable to the other for any indirect, consequential or special loss including loss of profit, loss of contracts, loss of goodwill or pure economic loss.
6.6 We maintain appropriate Professional Indemnity Insurance and Public Liability Insurance. Certificates are available on request.
7. Confidentiality
7.1 Neither party shall disclose Confidential Information obtained from the other party to any third party without prior written consent.
7.2 This obligation does not apply to information that is in the public domain, was already lawfully known, or is required to be disclosed by law.
7.3 Confidentiality obligations survive termination of the Contract.
8. Subcontracting
8.1 We may subcontract any of our obligations under this Contract but will retain overall responsibility. Subcontractors will be appropriately qualified and audited by us.
9. Termination
9.1 We may terminate this Contract by giving 30 days’ written notice at any time, subject to payment for services already provided.
9.2 Either party may terminate immediately by notice if the other party: a) commits a material breach that is incapable of remedy;
b) commits a material breach capable of remedy and fails to remedy it within 30 days;
c) becomes insolvent or unable to pay its debts;
d) suffers any insolvency-related event; or
e) an event of Force Majeure delays a scheduled Inspection for more than 30 days.
10. Right of Set Off
10.1 We may set off any sums owed to you against any sums you owe us.
11. Force Majeure
11.1 We shall not be liable for any delay caused by events beyond our reasonable control and shall be entitled to a reasonable extension of time.
12. Notices
12.1 All notices must be in writing and shall be deemed served 48 hours after posting (first class) or 12 hours after dispatch (facsimile/email where receipt is acknowledged).
13. General
13.1 Failure to enforce any right shall not constitute a waiver.
13.2 If any provision is held invalid, the remainder shall remain in effect.
13.3 This Contract constitutes the entire agreement between the parties and supersedes all prior agreements.
13.4 No variation to this Contract shall be effective unless in writing and signed by both parties.
14. Anti-Bribery and Corruption
14.1 Both parties shall comply with all applicable anti-bribery and anti-corruption laws (including the Bribery Act 2010). Neither party shall offer, give, request or accept any bribe or improper advantage.
15. Modern Slavery
15.1 We confirm that we take reasonable steps to ensure there is no modern slavery or human trafficking in our business or supply chain.
16. Data Protection
16.1 Both parties shall comply with the UK GDPR and Data Protection Act 2018 in relation to any personal data processed under this Contract.
17. Sanctions
17.1 We shall not be required to provide any service where doing so would breach applicable trade or economic sanctions laws.
18. Governing Law and Jurisdiction
18.1 This Contract is governed by the laws of England and Wales. Both parties submit to the exclusive jurisdiction of the English courts.
Protec Statutory Safety Inspections Ltd
124 City Road,
London,
EC1V 2NX
UK
Email - info@protecinspections.co.uk