Page 127 - Binder3

5. Long Term Undertaking
In consideration of a discount being incorporated in the Contract Price you undertake to offer annually
the Inspection Service under this contract on the terms and conditions in force at the expiry of each
period of contract and to pay the Contract Price in advance it being understood that:
a) we will be under no obligation to accept an offer made in accordance with this undertaking
b) the Contract Price will be amended at each renewal date in line with the change in the Average
Earnings Index for Whole Economy Excluding Bonuses during the period of 12 months which
expires 3 months prior to the month of renewal.
Payment of the Contract Price or renewal Contract Price will be deemed acceptance by you of
this condition.

6. Obligations of the Parties
a) Ours

We will:
i) provide the Inspection Service within Normal Working Hours unless otherwise agreed
ii) use reasonable endeavours to make arrangements with you in order to carry out Inspections
of the Plant
iii) produce the Report within 14 days following completion of an Inspection of the Plant other than in
circumstances where an item is judged to give rise to immediate danger. In this event an on site
Report will be issued prior to leaving the Site

iv) notify you in writing within 14 days of an abortive attempt to arrange an Inspection
v) comply with your safe systems of work as notified by you. We reserve the right not to carry out
an Inspection if in our opinion to do so would pose an unacceptable risk to the health, safety or
welfare of any person.
b) Yours

You:
i) may be required to pay an additional charge to us where:

1) Inspections are carried outside Normal Working Hours at your request
2) you require that our representatives are required to undertake training specific to your own
health, safety and welfare procedures

3) we were unable to carry out an Inspection of the Plant at an agreed time through no fault of
our own and a further appointment is necessitated

4) we are required to re-examine any Plant
5) you request an agreement with us to postpone an Inspection
6) you request duplicate copies of Reports

ii) will ensure that all Plant that requires Inspection is included in the schedule. In the event of any
errors or omissions in the schedule you will notify us in writing without delay

iii) will notify us if any Plant is being operated outside the scope of usual operating conditions to
ensure that we provide the appropriate service

101