Page 125 - Binder3
P. 125

Where the Inspection Service is carried out in accordance with any specific statutory regulation the
                                Competent Person will possess all necessary skills, experience and qualifications to the extent required
                                under the applicable statutory regulation.
                                Where you do not require that the Inspection Service is carried out in accordance with specific
                                statutory regulations or no such regulations apply the scope of the Inspection Service will in so far as is
                                possible under the terms of this contract be as instructed by you and agreed by us or in the absence of
                                such an instruction as specified by us.

                                The scope of the Inspection Service will be limited by the extent to which you have prepared the Plant
                                for Inspection. In this event the Report will fully describe the scope of the Inspection. In the event that
                                the Plant or part of the Plant cannot be located or is not made available by you for Inspection the
                                Report will indicate that the Plant or the relevant part of the Plant could not be inspected and will give
                                the reason for this.
                                The Report may bring to your attention other noticeable and obvious defects that fall outside the
                                scope of the Inspection although no obligation to do so exists. The impact of such other defects are to
                                be assessed by you and are your sole responsibility.

                                The Inspection Service will not cover the preparation, operation, repair or maintenance of Plant.

                                Section 3 – Additional Services

                                We may negotiate with you and agree to provide additional services. You acknowledge that unless
                                otherwise agreed in this manner additional services will not be included in the scope of the Inspection
                                Service. Additional services include:
                                a)  the compilation and/or certification of written schemes of examination which may be a
                                   statutory requirement
                                b)  the witnessing or provision of ultrasonic, radiographic or other non-destructive tests or other tests
                                   of a non-routine character or any proof of load stability, anchorage or similar test
                                c)  the assessment of Plant design and construction to verify compliance with applicable design or
                                   construction codes or European Directives
                                d)  the assessment of the suitability of Plant for its intended use in the particular environment within
                                   which it is operated
                                e)  the assessment of the suitability of proposed repair or modification to Plant and the carrying
                                   out of any additional Inspection of the Plant required during and/or on completion of such repair
                                   or modification
                                f)  the assessment of any Plant which is in a non-standard operating condition

                                g)  the postponement of Inspection of Plant according to specific regulations that allow this.

                                Section 4 – Special Conditions


                                1.  Cancellation
                                We may cancel this contract by giving 30 days written notice by special delivery mail to you at any
                                time throughout the duration of this contract without further obligation subject to any accrued rights
                                and the payment of the Contract Price for Inspection Services which have already been performed to
                                the effective date of termination.
                                We or you will have the right at any time by giving written notice by special delivery mail to the other
                                to immediately terminate this contract on or after the happening of any of the following events:
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