INDUSTRIAL AIR POWER LIMITED
Terms & Conditions of Energy Survey Report
1. In these terms & conditions the following definitions apply:-
“Client” – the person, firm or company to whom the Survey Report is addressed.
“IAP” – Industrial Air Power Limited (registered in England and Wales with company number 01978604).
“Survey Report” – the energy survey report prepared by IAP to which these terms and conditions are annexed or incorporated.
2. The Survey Report is made subject to these terms and conditions which shall apply to the Survey Report to the exclusion of any other terms that the Client seeks to impose or incorporate.
3. The purpose of the Survey Report is to analyse certain aspects of the Client’s usage of compressed air and all or part of the Client’s compressed air system. The purpose of this Survey Report is not to identify any errors, omissions, defects, code violations, manufacture instruction violations or any potential or actual hazardous or dangerous conditions, and IAP shall not be liable for the failure to discover such conditions or include such conditions in the Survey Report. The Survey Report should not be construed as professional engineering advice in any of the following disciplines – electrical, mechanical or structural. IAP shall not be under any duty to test or to arrange for the testing of electrical, heating, mechanical or other equipment.
4. The Survey Report will be provided for the stated purposes and for the sole use of the Client. The Survey Report will be confidential to the Client and the Client’s advisors/representatives. IAP accepts responsibility to the Client alone that the Survey Report will be prepared with reasonable skill, care and diligence but IAP accepts no responsibility whatsoever to any parties other than the Client. Any such parties rely on the Survey Report at their own risk. Neither the whole or any part of the Survey Report nor any reference to it may be included in any published document, circular or statement nor published in any way without IAP’s written approval of the form and context in which it may appear.
5. The Survey Report will have been prepared using data collected within a given time period and that data may not be reflective of normal usage if production cycles have been impacted by unusual or non-recurring events occurring during those production cycles. Flow data is free air delivered based on manufacturers published data.
6. The advice provided in the Survey Report is intended to be for information and discussion purposes only. The Client is advised to seek further detailed advice before reaching any decision on its requirements (including any future requirements as a result of expansion, increased demand or changes in its manufacturing processes) for compressed air usage and/or compressed air systems.
7. Nothing in the Survey Report or these terms and conditions shall limit or exclude IAP’s liability for:-
(a) death or personal injury caused by negligence, or the negligence of its employees, agents or sub-contractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for IAP to exclude or restrict liability.
8. Subject to paragraph 7 above:-
(a) IAP shall not be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or indirect or consequential loss arising under or in connection with the Survey Report; and
(b) IAP’s total liability to the Client in respect of all other losses arising under or in connection with the Survey Report whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall not exceed £10,000.
9. Except as set out in these terms and conditions, warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
10. In preparing the Survey Report, IAP will be relying on the accuracy of all the information supplied by the Client and/or the Client’s advisors, agents or contractors.