TERMS AND CONDITIONS

 1. Definitions

 RJB shall mean R.J.B. Safety Services. Buyer shall mean the company or person requesting training or services.

 Training means the training carried out by RJB as described overleaf. Contract shall mean the contract between buyer and RJB.

 Contract price shall mean the total price stated overleaf. Site shall mean the locations where the training is to take place.

 

 2. Duties of RJB

RJB will exercise all reasonable skill, care and diligence in the performance of the training in accordance with recognised and appropriate professional standards. Services will normally, unless otherwise agreed be carried out between 0900 hrs and 1700 hrs, Monday to Friday.

RJB will perform the training safely and without risk to persons or property and will comply with all relevant statutes, regulations and by-laws relevant at the time of training. RJB will conform to all buyers reasonable safety regulations in force at site to the extent that buyer makes such regulations known to RJB prior to the commencement of the training.

3. Copyright

The property and copyright in all documents provided by RJB under the contract shall belong to RJB.

4. Indemnity

Buyer shall indemnify and hold harmless RJB against all claims for damaged, expenses and costs including

Those from third parties directly or indirectly related to the service.

5. Duties of buyer

Buyer shall issue all instructions and requests for training to RJB including any variations thereof by letter or e - mail transmission. Buyer shall make the trainees available without interruption for the agreed period of training. For all training to be performed on site buyer shall, unless otherwise agreed between the parties and at no expense to RJB make available for the period of training. One forklift truck per instructor/three trainees. Sufficient stackable loads and empty pallets a training area not less than 12m ´ 6m set aside from the main working area and, where practicable, under cover, large trucks with a rated capacity over two tonnes will require an area proportionally larger. A suitable room, with power supply, in which classroom type lessons can be conducted.

6. Payment

Unless 30 day account facilities have been granted to buyer by RJB, an invoice for the contract price will be submitted to buyer by RJB which must be paid in full within 14 days of invoice. If account facilities have been granted to buyer by RJB, invoices will be submitted to buyer by RJB on completion of service. All such invoices shall be paid by the 31st day of the month following completion of the services. All sums quoted overleaf are exclusive of V.A.T. should V.A.T. be applicable it will be charged on all invoices at the rate ruling on the tax point of the transaction. Certification and any other documentation will only be forwarded on receipt of payment from each course or service provided. RJB reserves the right to levy a 2% charge per day on amounts overdue of the 14-day or 30-day period where relevant.

7. Force majeure

If RJB is prevented or hindered from carrying out its obligations under the contract by circumstances beyond its reasonable control, then the performance of such obligations shall be suspended for such time as the aforesaid circumstances shall continue and RJB shall not be liable for any delay occasioned thereby. If such delay shall extend for a period exceeding 28 days, the buyer may terminate the Contract.

9. Termination

If either party is in breach of any term of the contract, and the breach has not been remedied within a reasonable time after being notified thereof, the other the other party may terminate the contract. If the contract is terminated under any term of the contract, buyer shall pay RJB for training performed and other expenses legitimately incurred or committed prior to termination.

10. Cancellation

Once a  request for training has been accepted by RJB it may not be cancelled by buyer except as hereinafter provided for written cancellations received. Not more than 7 days prior to the date on which training is due to commence, then the full contract price will be charged. 

11. Limitation of liability

Nothing in the contract shall be construed as a warranty or representation by RJB that any person receiving training shall be able to absorb and apply such training. Under no circumstances whatsoever shall RJB or its representatives have any liability howsoever arising under this contract for any loss of production, profits or contracts or any consequential loss of whatsoever nature.

12. Sub contracts

RJB may sub-contract the whole or any part of the contract to a sub-contractor approved by RJB.

13. Construction

The laws of England shall govern the construction, validity and performance of the contract.

 14. Employers responsibilities and selection of delegates for mechanical handing equipment.The trainees should be chosen carefully, those selected for training need to have the ability to do the job in a responsible manner and    the potential to become competent operators. Lift truck operators should be over the minimum school leaving age. All trainees must meet the relevant standard as defined by the employment medical advisory service. Operators under the age of 18 years should receive continuous supervision on completion of training. On completion of basic training the new operator should receive specific job and familiarisation training within their work environment by an experienced and competent person. Operators should receive refresher training following an accident / incident. It is recommended that all operators receive periodic refresher training on a 3 yearly duration basis, so as to document continuous, on going assessment.