Terms of service
These terms are for business customers only. By placing an order you confirm you are buying for the purposes of your trade or business, not as a consumer.
1. Who we are
Hook & Hazard is a trading name of Civaxis Solutions Ltd (“we”, “us”). “You” means the business placing the order. Contact: enquiries@hookandhazard.co.uk, 07467 845270.
2. The contract
A contract is formed when your payment is taken at checkout. Each order is for the product described on our website at the time you order (the “Scope”). Anything not in the Scope is not included.
3. What you must give us
You must give us complete and accurate information about the job, including the site, the activities, the method you intend to use, the plant and equipment, loads, drawings, the principal contractor’s requirements and any changes. We rely on what you give us and are not responsible for errors that come from information that is missing, incomplete or wrong.
Turnaround times run from the working day we receive everything we need, not from payment. If we have not received the information we need within 30 days of your order, we may close the order and refund you less any work already done.
4. What we do
We will prepare the documents in the Scope with reasonable skill and care, using appropriately competent people. Lift plans are prepared and signed by a qualified Appointed Person. Documents are issued under revision control as PDF and, where suitable, editable Word.
Each document is valid only for the job, conditions and information described in the revision we issued. Any material change, such as different plant, loads, ground conditions, set-up position, sequence or site layout, needs the document to be reviewed and reissued before the work goes ahead. Issuing a document is not a guarantee that the work will be carried out safely, and acceptance by a reviewer does not change who is responsible for the work.
Our documents are technical health and safety documents, not legal advice.
We may decline an order for any reason before we start work, in which case we refund you in full.
5. Your responsibilities on site
The documents we provide are planning documents. You, as the employer or contractor carrying out the work, remain the duty holder under the Health and Safety at Work etc. Act 1974, CDM 2015, LOLER and other applicable law. You are responsible for:
- checking the documents match the work you will actually carry out before you use them;
- briefing them to your workforce and making sure they are followed;
- supervising and managing the work on site;
- making sure plant, equipment and lifting accessories are suitable, inspected and examined as required;
- telling us before the work starts if anything changes.
Unless you book a site visit, we do not attend site, supervise the work or inspect equipment. Temporary works services are coordination and documentation only: we do not design or check temporary works.
6. Comments and revisions
If a document we prepared is returned by a reviewer with comments or a request for more information, the first review and update is included, provided you send us the comments within 30 days of our issue date. Further reviews or updates are charged separately at a price we agree with you before we start. Changes caused by a change to the method, plant, site, sequence or scope after issue are new work. If a comment shows we made a mistake, we will correct it free of charge.
7. Wrong category
If the product you bought does not match your job (for example a basic lift plan for what is a complex lift), we will tell you before we start. You can pay the difference for the right product or have a refund.
8. Price and payment
Prices are shown excluding VAT. VAT is added at the current rate at checkout. Payment is taken in full when you order. There are no cancellation fees before work starts.
8a. Turnaround
We confirm an issue date once we have all the information we need. If we miss a confirmed issue date for a priority (next working day) order for reasons within our control, we will refund the priority charge. Apart from that, our liability for delay is limited as set out in section 10.
9. Ownership and use of documents
Once paid, you may use, copy and adapt the documents for the named project they were prepared for, and share them with your principal contractor, client, designers, insurers and regulators for that project. We keep the copyright and the right to reuse our own know-how, wording and templates. You must not resell the documents, or use or present them for a different project, without our agreement.
The documents are prepared for you only. No one else may rely on them, and the Contracts (Rights of Third Parties) Act 1999 does not apply to these terms.
10. Our liability
We hold professional indemnity insurance of £10 million.
Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.
Subject to that, we are not liable for any loss of profit, revenue, contract, business or goodwill, delay costs, or any indirect or consequential loss; or for any loss caused by information you gave us, by changes on site, or by work not being carried out in line with the documents.
Subject to that, our total liability to you arising from or in connection with any order, whether in contract, tort (including negligence) or otherwise, is limited to five times the price you paid for that order. We are not liable for any fines or penalties imposed on you by a regulator.
Any claim must be notified to us in writing within 12 months of the date we issued the document.
11. Cancellation
See our refunds and cancellations policy, which forms part of these terms.
12. Confidentiality and data
We keep your project information confidential and only use it to deliver your order. We handle personal data in line with our privacy notice.
13. Events outside our control
We are not responsible for delays caused by events outside our reasonable control. We will tell you as soon as we can and agree a new date with you.
14. General
These terms are the whole agreement between us for each order and override any terms you send us, including terms on a purchase order. If any part is found to be unenforceable, the rest still applies. These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.