Terms & Conditions

A: Service Contracts Terms and Conditions

Services provided in our contracts vary according to the individual lift as to the level and term of service provided. You should consult your actual contract document for these or request a further copy.

The following terms and conditions apply to all service contracts and are executable in Scottish Law.

B: Customers obligations - Payment Terms and Conditions

1) The customer will pay to Gem the agreed sum (subject to the variations as described in section D) together with the value added tax at the current rate. No later than 30 days from issue of Gem’s invoice. Otherwise as agreed and noted elsewhere in the contract document. All other works to be paid for within 30 days of invoice issue date.

2) All additional chargeable work must be paid within 30 days of invoice issue date.

3) The customer undertakes with Gem to comply fully with the terms and the spirit of the Health and Safety at Work act.1974 and all of its revisions. As well as any other statute that may apply including European directives.

4) The customer will report promptly any irregular performance of the lift.

5) The customer will ensure that the lift motor room and shaft are used solely for lift equipment.

6) The customer will provide scaffolding and lifting points whenever necessary.

C: Terms of the Agreement, Renewal and Cancelation

1) This agreement will remain in force for a minimum period of one year or for the term stated overleaf. At least 30 days prior notice of expiry will be given by us by mail. The customer must inform Gem Lift Services Ltd. in writing at least one week prior to the renewal date that they do not wish to renew this contract. Otherwise, this contract will continue for a further year. Prices advised in the renewal document will then take effect for the continuing period or otherwise as negotiated. (notwithstanding the other terms of this agreement).

2) Where either party is in any breach of any term of this agreement then the other party may terminate the agreement, if and only if the breaches are substantial, and providing such party has given to the other not less than ninety days written notice specifying the breech, and the breech has not been remedied before the expiry of such notice. On cancellation by either party all outstanding monies must be paid in full before the expiry of the notification of any breech.

3) Gem may suspend or terminate this agreement on any of the following circumstances giving not less than 7 days written days written notice to the customer, where upon any outstanding monies become due immediately

(i) If the customer fails to pay any monies due within the due period.

(ii) If Gem is prevented from continuing its obligations due to circumstances beyond its control.

(iii) If the lift is repaired, adjusted, modified or interfered with in any way without Gems prior written consent.

(iv) If Gem informs the customer that work outside the agreement is required for the safe and efficient operation and/or servicing of the lift and the customer fails to have this carried out.

(v) If there is a change in the use of the lift.

4) All items in their entirety remain the sole property of Gem until any monies due are paid in full.

5) Gem have exclusive right without restriction or hinder to enter the premises and recover any unpaid items or materials.

6) In the event of a lack of funds due to the customer being in receivership, insolvency or liquidation of any type, the signatory overleaf becomes liable for any outstanding monies due.

7) This agreement may only be assigned with Gems prior written consent.

8) Any notice sent by recorded delivery post will be deemed to have been properly served two days after posting.

9) This agreement will be bound by the terms and jurisdiction of Scottish law.

10) The agreement sum will be subject to further variation in respect of any taxes or addition expenditure arising out of legislative or other statutory requirements.

D: Exclusions

1) Gem will not be liable to the customer for:

(a) Economic loss.

(b) Special, indirect consequential loss.

(c) Any claim made against the company by any other party.

(d) Non-fulfilment of any obligation or any loss occasioned as a consequence of any legislative or any other statutory requirements.

(e) Any loss or damage arising from the consequence of strike; lock out, shortage of labour materials, fire, theft, malicious damage, act of god, or any other cause beyond Gems control.