Delegates selected for training by you must complete the required hours of training, approved by the HSE which in turn is determined by the course type being undertaken, the truck type, and the level of experience of the operator. (Example 40 hours training for 3 Novice operators with 30 or 60 minutes being allowed for lunch and all other breaks kept to a minimum.)
We will confirm at the date of your booking course duration, course types, required training hours, daily start and finish times, total training costs, number of delegates, contact names. etc. once you, and us have verbally agreed & approved the booking then these terms and conditions of training are a contract and apply in full.
Delegates who fail to complete the required training hours within the accepted time agreed at the booking of the training course for whatever reason i.e illness, accident, during or away from training. Bereavement, or absence from work etc., would mean that delegate, would require additional training at additional cost to you, to enable the delegate to complete the course successfully with Lift and Shift Training. We do not waver our fees for any reason.
Seven clear days notice prior to the commencement start date of the course must be given if you wish to cancel training for any reason. If seven days notice is not given by your company prior to cancellation the full agreed training fee will be payable by you. Training is booked by you on this full understanding and undertaking. Unfortunately we do have to enforce this cancellation requirement because as a training provider we would still be required to pay our instructors in full, and we would not be able to re-schedule or re-allocate work for the instructor at such short notice. Training is sometimes planned months in advance, instructors are booked and allocated the courses. Short notice cancellation as you can appreciate creates lots of problems and lost revenue. Please be certain when booking courses.
Additional training re-booked following short notice cancellation, would incur additional training fees to the customer.
In the event of an instructor arriving on site and having no one available to train shall leave site after 1 hour 30mins or 60mins, full fee will be payable by your company, however training could be undertaken but will be down to a time factor i.e amount of delegates would need to be reduced.
Terms for payment is strictly 30 days from date of invoice, unless otherwise agreed prior to training commencing. Accredited Certificates are issued on settlement of invoice.
It is a legal requirement for an employer to provide safe plant. It is a requirement that the machine used for training is serviceable and remains serviceable throughout the duration of the training in accordance with the Health & Safety at Work Act 1974. If the truck does not meet the legal requirements prior to training commencing we would not be able to conduct training, until it was made serviceable. The training fee would be payable in full as a direct result of the training course being cancelled because of an unserviceable truck. Additional training fees would incur for additional time required to complete the course. Lift and Shift Training accepts no responsibility for an unserviceable machine. Please ensure your truck is serviceable. One alternative is to hire a truck in for training.
Lift and Shift Training accepts no responsibility for truck breakdowns, or truck damage which maybe caused whilst used for training. Down time during the course is logged and you will always be made aware of down time well before it gets to a point for concern. We accept no responsibility for any down time, to much down time could result in additional training time being required to complete course requirements. This additional time would be at an additional cost to you.
Delegates must be free from normal employment duties during training at all times.
Delegates must wear suitable safety foot wear and be prepared for adverse weather conditions if training is to be conducted outside. Training must still carry on regardless of weather conditions to fulfil requirements. Please take PPE measures and ensure your delegates are well prepared.
You must advise us of any PPE requirements our Instructor will need prior to training commencing on your premises. Although we take every precaution to equip our instructors it is not always possible with the specific nature of your business. Therefore we would expect you to supply PPE for us on site.
Fork lift trucks under 10,000kg with a forward facing seat must be fitted with a lap strap or seat belt by law, and must be worn during training. If no seat belt is present and working on the truck for training it could result in a delay in training, or a cancellation of training, such delays or cancellations would result in our training fee being payable by your company to us in full. Please check the seat restraint prior to training commencing.
Lift and Shift Training accepts no responsibility for a person who operates dangerously, or who is involved in a violent collision or accident, during testing.
People selected for training must have a good understanding of the English language to enable them to complete full theory training and testing. When it comes to the written theory test our instructors can complete the written exam on behalf of the delegate using there given answers. However if you choose to select people for training who do not meet these requirements we can only issue in house none accredited certification. you cannot mix in house & accredited courses.
Lift and Shift Training does not discriminate against male or female, size, weight or age. sexuality, disability Colour of a persons skin, religious beliefs, political beliefs or Nationality, etc. All trainees are treated equally fairly, and with respect.
During training, breaks are taken at the discretion of the instructor running the course, this is normally determined by the progression of the delegates, However to fulfil required training hours dinner will be 30 mins or 60mins only, tea/coffee breaks kept to a minimum, and these may not be at the normal company times. Our instructors do try to co-ordinate with canteen opening times for the benefit of all. It is sometimes necessary to miss breaks or lunch to make up for lost time. Delegates who are not prepared to make up lost time by this method would need to make up the lost time with extra tuition this would be at additional training cost to your company.
Provide a dry warm room or space with seating and electricity for the theory training. A safe area agreed with the instructor should be made available for the practical training with sufficient room for maneuvers, Sufficient pallets for the stacking & de-stacking exercise at heights, which is suitable for the grouping of machine being trained on.( for example we need a facility to stack at height, and at a reach needed for the machines intention. Ground conditions suitable for the machine type, ie level ground, rough terrain. Narrow aisle, etc are essential. Means for building a chicane course. The fork lift truck or machine must be available for the majority of the time during training, accept very occasional times were it may be required to enable you to conduct your business i.e lorry unloading etc. This must be kept to a minimum for the benefit of the trainees, you will be kept informed of down time if it starts to become a concern.
Experienced operator courses are run with considerable less training hours, therefore at a much reduced cost. Attempting to mix inexperienced operators with experienced operators as no benefit to the trainees or the company, trying to mix experienced with inexperienced operators holds back the experienced operators progressing to test day, it can also invalidate the course all training fees would be charged to you. We reserve the right to assess experience.
The definition of an experienced operator is an operator who can operate the machine being trained on in a competent manner, but as never received certification. Our instructors reserve the right to decide the level of experience that as been disclosed to us. Delegates who do not meet the expected level for an experienced operator course will be excluded from completing the course, however we would inform you of this when assessments have been made. Lift and Shift Training accepts no responsibility for delegates giving employers misleading facts with regards to their level of competency.
We do not just allow delegates to pass. They will be trained to the highest standard and tested to any accrediting body standards. Delegates who fail the test will need to be re-trained in there weak areas and re-tested until they meet the standard of basic operator level. This will be done at the expense your company.
Trainee certification (licence) applies only if the customer fulfils all the acceptance of training requirements. Training is booked on the understanding that your company representative (meaning person/s booking the training course as read, fully understood and accept the terms which are published on the Lift and Shift Training website).
Refresher and re-testing, test only following in house training, conversion training from one machine to another are all subject to these terms and conditions.
If the customer or delegates do not meet the acceptance of training requirements, certification cannot be issued and any additional training required to be successful and achieve certification, is at the cost to the customer.
There are no hidden clauses in these terms of training, or anything out of the ordinary. These terms of training are the standard requirements, required of all employers by the HSE and published in the ACOP Rider-operated lift trucks: operator training.
By accepting these terms and conditions you are giving us authorization to conduct training only.
Important Legal Notice
ATTENTION: This legal notice applies to the entire contents of the Website under the domain name liftandshifttraining (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by liftandshifttraining
1. Introduction
1.1 By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
1.2 The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2. Licence
2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way
(b) no graphics on the Website are used separately from the corresponding text
(c) the Companys copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Companys prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. Service Access
3.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Companys control.
4. Visitor Material And Conduct
4.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.
5. Links To And From Other Websites
5.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
5.2 If you would like to link to the Website, you may only do so subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the logo of Generator or any of its associated subsidiary or affiliated companies;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any trade marks either of Generator or any of its associated subsidiary or affiliated companies displayed on the Website without express written permission from the Company;
(f) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 The Company expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.2.
6. Registration
6.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you.
7. Disclaimer
7.1 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
7.2 The material on the Website is provided, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.
8. Liability
8.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Companys group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
8.2 Nothing in this legal notice shall exclude or limit the Companys liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.