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General Terms and Conditions
HAVTEC (Hand-arm Vibration Test Centre) Terms and Conditions

GENERAL TERMS & CONDITIONS

These Terms and Conditions govern your use of the OPERC website (the "OPERC Site") and your relationship with The Off-Highway Plant and Equipment Research Centre ("OPERC", "we" or "us"). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the OPERC Site. If you have any questions on the Terms and Conditions, please contact enquries@operc.com.

1 Use of the OPERC Site
1.1 The OPERC Site is provided to you for your personal use subject to these Terms and Conditions. By using the OPERC Site you agree to be bound by these Terms and Conditions. References to these Terms and Conditions include our Privacy Policy, HAVTEC Terms and Terms of Supply.

1.2 Where goods or services are purchased on the OPERC site these are on the basis of our Terms of Supply. Where there is any conflict between our Terms of Supply and these Terms and Conditions our Terms of Supply shall prevail but only in respect of the subject matter to which they relate.

2 Amendments
2.1 We may update these Terms and Conditions from time to time. Any changes will be notified to you via the e-mail address provided by you on registration or by a suitable announcement on the OPERC Site. The changes will apply to the use of the OPERC Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the OPERC Site. If you continue to use the OPERC Site after the date on which the change comes into effect, your use of the OPERC Site indicates your agreement to be bound by the new Terms and Conditions.

3 Registration
3.1 To register on the OPERC Site you must be over eighteen years of age.

3.2 You must ensure that the details provided by you on registration or at any time are correct and complete.

3.3 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.

3.4 By submitting a registration form, you agree to be bound by our Terms and Conditions.

3.5 By registering on our site, you agree to pay our membership charges at the rate applicable from time to time and stipulated on the site.

3.6 If you fail at any time to pay any membership charges due in accordance with these Terms and Conditions we may, in our discretion and without prejudice to our other rights, deny you access to those areas of our site which are exclusively available to members. We need not provide you with advance notice in such circumstances.

4 Password and security
4.1 When you register to use the OPERC Site we will create you a password and username. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone; indeed, we recommend that you change your password as soon as you have it. If you know or suspect that someone else knows your password you should notify us by contacting enquries@operc.com immediately.

4.2 If OPERC has reason to believe that there is likely to be a breach of security or misuse of the OPERC Site, we may require you to change your password or we may suspend your account.

5 Intellectual property
5.1 The content of the OPERC Site is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of the OPERC Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the OPERC Site without written permission from the OPERC.

6 Your use of the OPERC Site
6.1 You may not use the OPERC Site for any of the following purposes:

    6.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;

    6.1.2 transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;

    6.1.3 interfering with any other person's use or enjoyment of the OPERC Site; or

    6.1.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

6.2 You will be responsible for our losses and costs resulting from your breach of this clause 6.

6.3 OPERC and our logos on the OPERC site are trade names of OPERC. You may not use our name or logo without our prior written consent.

7 Availability of the OPERC Site
7.1 Although we aim to offer you the best service possible, we make no promise that the services at the OPERC Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the OPERC Site you should report it to enquries@operc.com and we will attempt to correct the fault when we reasonably can.

7.2 Your access to the OPERC Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service when we reasonably can.

8 OPERC's right to suspend or cancel your registration
8.1 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

8.2 You can cancel your registration at any time by informing us in writing at enquiries@operc.com. If you do so, you must stop using the OPERC Site.

8.3 The suspension or cancellation of your registration and your right to use the OPERC Site shall not affect either party's statutory rights or liabilities.

9 OPERC's liability
9.1 The OPERC Site may provide content from other providers or resources and while OPERC tries to ensure that material included on the OPERC Site is correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. If we believe there are any inaccuracies in the material on the Site we will attempt to correct the inaccuracies when we reasonably can.

9.2 If you find any inaccurate information on the OPERC site please let us know by e-mail to enquries@operc.com. Where we agree, we will attempt to correct the inaccuracies when we reasonably can.

9.3 We do not represent or warrant to you that the OPERC site or any of its contents will be accurate, up to date, complete or reliable. The OPERC site contains a large amount of statistical data and there will inevitably be errors in it.

9.4 We do not represent or warrant that:-

    9.4.1 any services (whether or not provided by us) will be provided with due care and skill; or

    9.4.2 any goods (whether or not provided by us) will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).

9.5 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:-

    9.5.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to the OPERC site or any information on the OPERC site;

    9.5.2 the unavailability of the OPERC site (or any part of it), goods or services;

    9.5.3 any delay in providing, or failure to provide or make available, goods or services or any negligent provision of goods or services;

    9.5.4 any goods not being of merchantable quality or fit for their intended purpose; or

    9.5.5 any misrepresentation on or relating to our site, the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf).

9.6 Our maximum liability to you in respect of your use of our site or any services we provide or make available to you through or in relation to our site will be the amount of any subscription fees paid by you during the year in which the liability arose. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.

9.7 You agree that each of these limitations is reasonable having regard to the nature of the OPERC site and in particular given that when you purchase information, goods or services through the OPERC site you will enter into a separate contract with the supplier in each case.

9.8 None of the exclusions or limitations in this clause 9 shall exclude or restrict our liability for death or personal injury caused by our negligence.

9.9 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of the OPERC site goods or services to you.

9.10 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these Terms and Conditions.

9.11 You should verify any information on the OPERC site (before relying upon it). No person in our employment has any authority to make or give any representation or warranty whatsoever in relation to any matter.

9.12 Any options, advice, statements, services offers or other information or content expressed or made available by third parties, including information providers or users, are those of the authors and not of us. We do not necessarily enclose nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the OPERC site.

10 Third Party Websites
10.1 As a convenience to users, the OPERC Site includes links to other web sites or material which is beyond its control. OPERC is not responsible for content on any website outside the OPERC Site.

11 Advertising and Sponsorship
11.1 Part of the OPERC Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the OPERC Site complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

12 Applicable Law
12.1 These Terms and Conditions will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.

13 International Use
13.1 We make no promise that materials on the OPERC Site are appropriate or available for use in locations outside the United Kingdom, and accessing the OPERC Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

14 Miscellaneous
14.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions.

14.2 If you breach these Terms and Conditions and OPERC chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

14.3 OPERC shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.

OPERC Site is owned and operated by Dr David Edwards, PO Box 5039, Dudley, West Midlands, DY1 9FQ.

14.4 If you have any queries please contact OPERC Administration, by e-mail to enquries@operc.com.

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HAVTEC (Hand-arm Vibration Test Centre) TERMS AND CONDITIONS

The following additional terms and conditions apply in respect of any use of the HAVTEC Register on the OPERC site.

1 Availability of the results
Without limitation to the generality of conditions 5 and 6 of the Terms and Conditions above, test results must not be sold nor distributed to a third party without the prior written permission of OPERC. Neither can information contained in the HAVTEC Register be used in commercial products, services, literature or any other medium that seeks to make a profit or charge, directly or indirectly from such information. Users of the HAVTEC Register are advised to regularly update themselves with 'current' register information since reputable manufacturers are constantly improving the performance of their tools and new tools are tested continually.

2 Interpretation of the results
Generic and specific issues need to be considered when interpreting these results. There are always constraints when performing vibration measurements and these apply here. That is:

  • The measurements taken in these trials only used one sample of the tool. It is possible that the tool used is not entirely representative of other tools of the same model, due for example, to manufacturing tolerances.
  • Differences between these measurements and repeat measurements could occur, due to environmental conditions such as ambient temperature and supply frequency or voltage.
  • Only three participants were used for these trials. Some inter-operator differences were observed. Further and more extreme variations could be likely among other operators. Such differences could be due to individual anthropometry, biomechanics or tool operation style.
  • The tool tested was new and had an inserted tool in good condition. The performances of any power tool degrades as the inserted tool becomes dull. The performance of the tool tested here is likely to change as the tool ages.
  • Trials were performed on materials as dictated by manufacturers' budgets; those with higher budgets have completed more testing. However, vibration magnitude is affected by the nature of the material work piece. Ideally more trials would be completed using different work pieces such that an indication of variation could be obtained.

3 Guidance on tool purchasing decisions
Vibration data should only be used as one criteria upon which any purchasing decision should be made. Other considerations include: durability and reliability of the tool; service support and guarantees given; ease of maintenance; performance; longevity; and cost. Users should consider that as a tool ages, rotating and reciprocating parts wear and thus vibration levels increase and some tools may 'initially' have a lower vibration reading when new but may experience higher values (than competitor tools) during the machine's life.

4 Use of data
The data presented in the HAVTEC Register is not provided as a solution to preventing operator over-exposure to excessive vibration levels. Rather it provides guidance information that will be useful to practitioners when used in conjunction with other control measures, for example: health surveillance; risk assessments; job rotations; maintenance of the tools; correct usage of personal protective equipment; and the correct selection of tools for the given task undertaken.

5 Legal obligations
The HAVTEC register does not replace any legal obligations upon employers (or employees) to provide (or undertake) basic health and safety training (or any other mandatory requirements, for example, under relevant health and safety legislation).

Every test undertaken and recorded on the HAVTEC Register provides a unique set of vibration hazards and similarly, every person is unique in terms of cognitive and physical ability, knowledge and so on. For reasons such as these, the HAVTEC Register must be accepted by the user solely as providing a basis for educational materials and nothing more.

Every effort has been made to ensure that the contents of the HAVTEC Register are correct, and representing best practice; but no guarantee is made express or implied that this is the case. It is also the user's responsibility to ensure that this version of HAVTEC is current. Accordingly the HAVTEC Register is offered without legal liability or responsibility on the part of the authors, the publishers, the distributor or anyone else involved in its production.

We provide information on the HAVTEC Register free of any access charge and on the basis of no liability for the information given.

In no event shall we be liable to you for any direct or indirect or consequential loss, loss of profit, revenue or goodwill arising from your use of the HAVTEC Register or information on HAVTEC Register. All implied terms are excluded to the fullest extent permitted by law.

We accept liability only for death or personal injury caused by our negligence or responsibility for fraudulent misrepresentation that cannot, under English law, be excluded.

6 Manufacturer's consent to publish
Information contained within the HAVTEC Register will only be reproduced with the manufacturer's consent and approval, made in writing, to OPERC to OPERC Administration, PO Box 5039, Dudley, West Midlands, DY1 9FQ.

7 Ownership
Data contained within the HAVTEC Register will not be reproduced nor disseminated by users, in any format, without the permission of OPERC. Any usage of the data must include a statement in the following form or such other form as we may require from time to time.

"This information on vibration readings for plant and equipment was supplied free of charge by OPERC (www.operc.com)."

Text size must be minimum 8pt. font and should be accompanied by the OPERC logo (no smaller than 20mm x 20mm); copies of the logo can be supplied free of charge upon request to enquiries@operc.com.

8 Test badge scheme
Manufacturers and hirers who supply tools and equipment to be tested at OPERC, or those who support this initiative, may be granted the right to use the official OPERC badge on their products to advertise to users that such have been independently tested at OPERC.

Last update [13th April 2007]

 
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