Amounts Payable means the fees and charges set out in the Order Form, and any amount otherwise payable by Subscriber to SFG20 pursuant to this Agreement.
API Documentation means the technical documentation promulgated by SFG20 from time to time for the implementation, use and maintenance of any API for accessing SFG20 Schedule content or Facilities-iQ functionality.
API means any software or process for the purpose of exchanging data between software systems and platforms.
Confidential Information means for SFG20 the SFG20 Schedules and Security Measures, and for Subscriber any data created or stored within Facilities-iQ.
Current Version means the then current version of Facilities-iQ.
Customer API Access means access to SFG20 Schedule content or Facilities-iQ functionality via an API.
Digital Partner API Access means access to content from Facilities-iQ via an API implemented within a Third Party Platform.
Effective Date means the date the Order Form is signed by the Subscriber.
External Links means any link or reference by Facilities-iQ, SFG20 Schedule, or Related Information to third party hosted content.
Facilities-iQ means the digital publication platform made available by SFG20 for Users to access and/or interact with the SFG20 Schedules and Related Content; including any internet browser accessible website, any mobile application, any other software or system for accessing the SFG20 Schedules that is made available by SFG20 from time to time.
Feedback means comments, observations, and suggestions communicated by the Subscriber to SFG20 about the content of SFG20 Schedules; the user interface and experience of Facilities-iQ; the functionality of Facilities-iQ and any API for API Access; and insights gained from aggregate and/or anonymised data generated by or stored within Facilities-iQ.
Group means a Party’s subsidiaries, ultimate holding company and its subsidiaries, as defined in Section 1159 of the Companies Act 2006.
IPR means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information, know-how, trade secrets, and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Legacy Version means a previous version of Facilities-iQ.
Licence Type means a license type as particularised in Part A to Schedule 1.
Order Form means an SFG20 issued order form or click-through website form for a subscription to access Facilities-iQ and view SFG20 Schedules.
Related Information means any information or content provided or created via Facilities-iQ other than SFG20 Schedules.
Schedule Bundle means a collection of SFG20 Schedules as particularised in Part C to Schedule 1.
Security Measures means the security measures implemented by SFG20 for the Subscriber to access and use Facilities-iQ at various account levels including Smart Words, login credentials, email addresses registered to user accounts, two factor authentication, encryption keys for API Access, and/or any protocols or processes for API Access.
SFG20 Marks means logos, business names, trademarks and other proprietary marks displayed on Facilities-iQ or SFG20 Schedules.
SFG20 Schedule means the proprietary standard maintenance specifications for building engineering services, together with technical updates and current legislative references, produced and maintained by SFG20.
Smart Words means the content sharing and access system identified as “Smart Words” or “SFG20 Smart Words” used within Facilities-iQ.
Subscription Level means each subscription level as particularised in Part B to Schedule 1.
T&C Page means https://www.sfg20.co.uk/t-c-s-for-general-subscribers.
Third Party Platform means a named third party platform licensed by SFG20 to integrate API Access within the platform, including computer aided facilities management platforms.
User means a natural person in the capacity of employee or sub-contractor of the Subscriber and engaged in performing the internal business functions of the Subscriber.
User Type means each type of User as set out in Part A to Schedule 1.
Working Day means any day other than a Saturday or Sunday on which banks are open for trading in England.
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Subscription Access. SFG20 grants to Subscriber a non-exclusive, non-transferable right for the number Users of each User Type specified in the Order Form; at the Subscription Level to access and use Facilities-iQ and SFG20 Schedules as specified in the Order Form and/or made available via Facilities-iQ for the applicable Subscription Level; for the internal physical asset management of the Subscriber only; and for the term of this Agreement only. The Subscriber shall not have any right or license to share, print, export store or access SFG20 Schedules or Related Information other than within Facilities-iQ, or as expressly permitted by SFG20. Each User shall have the corresponding permissions for the User Type as set out in Part A to Schedule 1.
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Contractor License. Where the Order Form is a click-through web-form for a “Contractor License” then (a) the Subscriber shall have the right to access and view only those SFG20 Schedules shared with Subscriber by another Subscriber, as a User with the “Collaborate” User Type, and for the duration set out in the Order Form; (b) if by the Order Form the Subscriber includes automatic renewal then this Agreement shall automatically renew on a monthly or annual basis (as specified in the Order Form); (c) the Initial Term shall be the period specified on the Order Form (eg three days, one month, or one year), and the Renewal Period shall only apply if automatic renewals were selected by the Subscriber on the Order Form in which case each Renewal Period shall be the period selected by the Subscriber on the Order Form (eg one month or one year); (d) the Subscriber may terminate this Agreement with effect as of the end of the then current term by giving notice to SFG20 by email to info@sfg20.co.uk(e) SFG20 may terminate this Agreement with effect as of the end of the then current term by giving the Subscriber notice to the email address registered for the Subscriber's account on Facilities-iQ; and (f) the Subscriber shall pay the Amounts Payable set out in the Order Form in advance and on the recurring basis specified in the Order Form, and SFG20 shall have the right to charge the Amounts Payable to the payment method provided by the Subscriber.
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Customer API Access. Where the Order Form provides for Customer API Access then SFG20 shall provide and maintain an API for the Subscriber to access content from Facilities-iQ as set out in corresponding API Documentation. Subscriber warrants that it shall: (a) use Customer API Access only within its own internal systems and not for the benefit of any third party; (b) comply with the Security Measures and not allow any third or unauthorised party to view, use or copy the Security Measures; and (c) comply with any applicable API Documentation.
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Digital Partner API Access. Where the Order Form provides for Digital Partner API Access then SFG20 shall make available and maintain an API for the operator of the Third Party Platform to implement therein. SFG20 shall have no liability to Subscriber arising out of or in connection with the Third Party Platform or Digital Partner API Access save as expressly set out in this Agreement. Subscriber consents to and shall promptly take all actions necessary to authorise the operator of the Third Party Platform to transmit to SFG20 any data specified in applicable API Documentation.
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Restrictions. Subscriber shall not, and shall not permit others to: (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, software, products or services obtained from Facilities-iQ, SFG20 Schedules, Related Information or SFG20 Marks other than as expressly licensed in this Agreement; (b) reverse engineer, decompile, disassemble or otherwise attempt to derive source code from Facilities-iQ; (c) use Facilities-iQ, SFG20 Schedules, Related Information or SFG20 Marks in any manner that infringes the IPR of SFG20 or violates any applicable law or regulation; (d) remove any proprietary notices or labels on Facilities-iQ, SFG20 Schedules or Related Information; or (e) access any SFG20 Schedule or Related Information by automated means (or any means other than by manually conducted search and retrieval activity by a User who is a natural person) without explicit authorisation for API Access.
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Functional Dependencies. The code "0U" used in variable fields on an SFG20 schedule means the field requires completion by the Subscriber, and does not indicate a Nil value for the field. Subscriber acknowledges that some Facilities-iQ functionality requires prior completion of 0U coded variable fields.
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IPR Ownership. Facilities-iQ, SFG20 Schedules and SFG20 Marks and all IPR therein are and shall remain the property of SFG20. If the Subscriber makes use of SFG20 Schedules and/or Related Information in excess of the express licenses set out in this Agreement then Subscriber shall pay to SFG20 immediately upon demand liquidated damages equal to the default twelve month rate for the minimum standard pricing packing that would have permitted such use. The Subscriber hereby assigns all intellectual property rights in the Feedback to SFG20.
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Payments. The Subscriber shall pay the Amounts Payable to SFG20: (a) in pounds sterling (£); (b) by direct debit, recurrent charge, or electronic funds transfer to the payment account specified by SFG20; and (c) monthly or annually in advance (as specified on the Order Form) within 30 days of the invoice date.
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Subscriber Register. SFG20 shall have the right to include the Subscriber in a public list or register of current subscribers during the term of this Agreement.
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Legacy Version Access. The Parties may agree that an Order Form relates to a Legacy Version which may not have the same functionality and/or support as the Current Version. The Subscriber acknowledges that the Legacy Version may not have the same licensing structure, term or pricing as the Current Version; and that moving from the Legacy Version to the Current Version may require additional support including for configurations and data transfers. The Parties agree to renegotiate the Order Form in good faith if the Subscriber later requests to change from the Legacy Version to the Current Version.
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Minimum System Requirements. Subscriber must ensure that its devices, including computers, smartphones, or tablets, meet the minimum system requirements specified by SFG20 from time to time for accessing the then current version of Facilities-iQ, any documents exported by Facilities-iQ or otherwise provided by SFG20 to Subscriber. Subscriber acknowledges that non-compliance with this clause may hinder or prevent the use of Facilities-iQ and/or the SFG20 Schedules.
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Cookie Policy. Subscriber acknowledges that SFG20 uses cookies to facilitate the functioning of Facilities-iQ, as set out in the Cookie Policy available at https://www.sfg20.co.uk/privacy-policy
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Privacy Notice. Subscriber acknowledges that SFG20 processes Subscriber's personal data in connection with the use of Facilities-iQ, as set out in the Privacy Notice available at https://www.sfg20.co.uk/privacy-policy
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Third Party Communications. Certain functions of Facilities-iQ enable the Subscriber to send communications to third party recipients including by email. Subscriber is responsible for ensuring there is a lawful basis for any such communications. Subscriber indemnifies, holds harmless and shall defend SFG20 in respect of any third party claim for breach of applicable electronic communication and data protection legislation and regulations, including the General Data Protection Regulation 2016/679 (EU), Privacy and Electronic Communications Directive 2002/58 (EU), Data Protection Act 2018 (UK), and Privacy and Electronic Communications (EC Directive) Regulations 2003 (UK), arising out of or in connection with the use of any Facilities-iQ function by which the Subscriber sends a communication to a third party recipient.
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External Links. External Links may be provided for convenience only, and on an “as is” and “as available” basis. SFG20 makes no representation or warranty as to the availability or correctness of External Links, and shall have no liability for any claim arising out of or in connection with an External Link.
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Subscriber Data Inputs. Subscriber may input data to Facilities-iQ to generate custom content. Subscriber is solely responsible for the accuracy and completeness of any data input by Subscriber to Facilities-iQ. By inputting data to Facilities-iQ the Subscriber grants to SFG20: (a) an unrestricted license to use such data to perform the functions of Facilities-iQ and generate Related Material for the Subscriber; and (b) a perpetual, worldwide, unrestricted and irrevocable license to use derivatives of such data to improve the SFG20 Schedules and/or Facilities-iQ.
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Security Measures. SFG20 may issue, and Subscriber agrees to use, Security Measures for access and use of Facilities-iQ. Subscriber shall be responsible for keeping any Security Measures secure and confidential to prevent access to Facilities-iQ by unauthorised persons. The Subscriber shall notify SFG20 promptly in the event that the security and confidentiality of Security Measures is or is suspected to be compromised. SFG20 may reissue or reset Security Measures at its discretion. The Subscriber shall cooperate with SFG20 in any investigation or response to a beach of security and comply with reasonable or instructions deemed necessary by SFG20 to maintain the security of Facilities-iQ.
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Smart Words. Facilities-iQ uses Smart Words to enable Subscribers to share SFG20 Schedules and Related Information in accordance with the express licenses set out in this Agreement. Subscriber warrants that it shall not share or publish Smart Words in breach of this Agreement.
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Assignment and Succession. SFG20 shall have the right to assign, transfer, or delegate any or all of its rights and obligations under this agreement to any entity within its Group without notice to or requiring the prior consent of the Subscriber. Any purported assignment by either Party in breach of this clause shall be deemed null and void. This Agreement shall be binding upon the Parties and their respective successors and assigns.
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Confidentiality. Each Party warrants that it shall keep all Confidential Information of the other Party strictly confidential including: by taking all reasonable organisational and technical precautions necessary to protect confidentiality of Confidential information; not disclose any Confidential Information to any third party except as expressly permitted by this Agreement; and upon termination or expiration of this Agreement cease using the Confidential Information and certify the destruction and/or deletion of any copies of the Confidential Information in the Subscriber’s possession or control.
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Continuous Improvement. SFG20 is committed to the continuous improvement of its content and services. From time to time SFG20 may add, modify, remove or recombine: (a) the functionality, features or user interface of Facilities-iQ; (b) the structure and content of SFG20 Schedules and Related Information; and (c) these Terms and Conditions (including the Subscription Levels and Schedule Bundles) in the event of which the new version of these Terms and Conditions shall be effective as a variation to the Agreement on the date it is posted to the T&C Page. SFG20 may, but is not required to, notify the Subscriber of any significant changes to Facilities-iQ, SFG20 Schedules, and these Terms and Conditions including by email notification or announcements within Facilities-iQ itself. It is the responsibility of the Subscriber to stay informed about changes to Facilities-iQ, SFG20 Schedules, and these Terms and Conditions.
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Disclaimer. Facilities-iQ and SFG20 Schedules are provided on an "as is" and "as available" basis. SFG20 disclaims all warranties, whether express, implied or statutory, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement. SFG20 Schedules and Related Information are for general informational purposes only and do not constitute professional advice. SFG20 shall not be responsible for the accuracy or reliability of any SFG20 Schedule or Related Information. Subscriber is responsible to independently verify SFG20 Schedule or Related Information and make its own decisions based on their own judgment, research and professional advice as deemed necessary and as applicable to the Subscribers circumstances.
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Entire Agreement. This Agreement constitutes the entire agreement between Subscriber and SFG20 with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties.
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Execution. The Agreement is formed by the Subscriber signing the Order Form and returning the signed copy to SFG20. The Parties consent to the requirement for signature being met by electronic signatures including by application of digitised signature, digital pen, typed signature, DocuSign, or similar methods, and such electronic signatures shall be sufficient to bind the Parties to this Agreement.
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Governing Law and Jurisdiction. The Agreement shall be governed by and construed in accordance with the laws applicable in England. Any dispute arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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Interpretation. In this Agreement: (a) words denoting the singular shall include the plural and words denoting the plural shall include the singular; (b) headings are for convenience only and do not affect the interpretation of this Agreement; (c) the word “including” and similar expressions will not be construed as words of limitation and shall be read as “including, but not limited to”; (d) reference to any statute or statutory provision is a reference to it as amended, extended, or re-enacted from time to time, and any subsidiary legislation and/or subordinate instrument made under it; (e) reference to any person includes natural persons, companies, partnerships, associations, governments, organisations, states, government or state agencies, foundations, charities and trusts; (f) reference to any company shall include any company, corporation or other body corporate, wherever and however incorporated or established; and (g) reference to any Party includes a reference to that Party’s successors in title, permitted assignees and transferees (if any).
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Limitation of Liability. Nothing in this Agreement shall limit or exclude SFG20's liability for death or personal injury caused by its negligence, or for fraud or fraudulent misrepresentation. Subject to the foregoing, SFG20 shall not be liable to Subscriber for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with this Agreement or the use of Facilities-iQ and/or SFG20 Schedules even if SFG20 has been advised of the possibility of such damages. In all other cases SFG20's total liability to Subscriber for any and all claims arising out of or in connection with this Agreement or the use of Facilities-iQ and/or SFG20 Schedules shall not exceed the amount of monthly recurring fees paid to SFG20 by Subscriber in the billing month in which the cause of action arose.
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Notices. Any notice given in connection with this Agreement shall be in writing (a) for SFG20 to legal@sfg20.co.uk , and (b) for the Subscriber to the email address of the primary user specified on the Order Form, unless emails to such address are undeliverable in which case notice shall be to the recipients registered office. Notices shall be deemed to have been delivered: (a) immediately if delivered in person before 5.00pm on a Working Day, otherwise on the next Working Day; (b) the Working Day after dispatch if sent by overnight courier; (c) two Working Days after posting if sent by prepaid registered post; or (d) immediately upon transmission if sent by email before 5.00pm on a Working Day otherwise on the next Working Day, provided the sender does not receive an automated message to the effect that the email could not be delivered.
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Order of Precedence. In the event of any conflict between these Terms and Conditions and the Order Form, the Order Form shall take priority.
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Rules of Construction. No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of, or seeks to rely on, this Agreement or any part of it.
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Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be severed from this Agreement and the remainder of the Agreement shall continue in full force and effect to the maximum extent permitted by law.
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Suspension. If any Amount Payable remains unpaid more than 30 days beyond the date it is payable then SFG20 shall have the right to suspend all or part of the Subscriber’s access to Facilities-iQ, API Access, and/or any license to use the SFG20 Schedules and/or Related Information, by giving written notice to the Subscriber. Suspension pursuant to this clause shall not affect the Subscriber’s liability to pay Amount Payable in respect of the period of Suspension.
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Term and Renewals. The Agreement shall take effect as of the Effective Date and shall continue for the term specified on the Order Form, or if no term is so specified then a term of one year (“Initial Term”). This Agreement shall automatically renew at the end of the then current term (a) for additional periods of one year; and (b) with Amounts Payable automatically revised and determined by the then current standard fees and charges applied by SFG20 to subscribers of the same category as the Subscriber; until terminated by either Party (“Renewal Period”). Fees and charges set out in the Order Form apply during the Initial Term only. The fees and charges payable by the Subscriber during each Renewal Period shall be at the default twelve month (or one year) rate set by SFG20 for each service specified on the Order Form (or if the services have changed since the Order Form was signed then substantially the same service as specified on the Order Form).
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Termination. This Agreement may be terminated by either party giving three months written notice prior to expiry of the Initial Term or then current Renewal Period.
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Variation and Waiver. No variation, modification or waiver of any provision in this Agreement nor consent to any departure by any Party from any such provision, shall be effective unless in writing. A failure or delay by any Party to enforce any right or remedy available under this Agreement shall not constitute a waiver of such right or remedy or a waiver of other right or remedy. If any Party waives any specific obligation or liability under this Agreement, such waiver will not extend to any other obligations or liabilities under this Agreement.
Last Updated: 31st January 2024
User Type |
Permissions |
Foundation |
Read access to SFG20 Schedules within applicable Schedule Bundles; create and share maintenance regimes; create custom and tailor schedules according to the applicable subscription level; share SFG20 Schedules, maintenance regimes, custom and tailor schedules with Collaborate and View type Users. This user type must be a single natural person. |
Advanced |
Read access to SFG20 Schedules, maintenance regimes, custom and tailor schedules shared by a Create type User (including from other Subscribers). This user type must be a single natural person. |
Professional |
Read only access to SFG20 Schedules, maintenance regimes, custom and tailor schedules shared by a Create type User for eight hours. |
B Subscription Level Inclusions
|
Subscription Levels |
|
|
Inclusions |
Foundation |
Advanced |
Professional |
Facilities-iQ website portal access |
Y |
Y |
Y |
Core maintenance schedules |
Y |
Y |
Y |
Schedule library |
Y |
Y |
Y |
Schedule change notifications |
Y |
Y |
Y |
Single site management |
Y |
Y |
Y |
Estates management |
|
Y |
Y |
Secure sharing links |
Y |
Y |
Y |
Tailor schedules |
Basic |
Advanced |
Y |
Companion mobile application |
Y |
Y |
Y |
Third party facilities management system integration |
Y |
Y |
Y |
Custom schedules |
|
|
Y |
Online training |
Y |
Y |
Y |
Asset mapping |
|
|
Y |
Conformity documents |
|
|
Y |
Tailor schedules are modifications to existing SFG20 Schedules. Basic tailoring includes completion of “0U” coded fields and modifying other basic variables for the SFG20 Schedule. Advanced tailoring includes basic tailoring and modifications to other variables for the SFG20 Schedule. Custom schedules are the creation of a new bespoke schedule within Facilities-iQ and may include using a pre-existing SFG20 Schedule as a template.
C Schedule Bundle Inclusions
Schedule Bundle |
Inclusions |
Access Equipment and Lifts |
Personal fall protection equipment; suspended access systems (an external lift, aka window cleaning platform); passenger, goods and stair lifts, including portable ramps for wheelchair access; firefighter and evacuation functionality of lifts; escalators and moving walks. |
Building Fabric |
Internal and external structural components of a building; including walls, floors, ceiling and their finishes; gates, barriers and fences; roofs, windows, roof lights, doors and associated mechanisms; drainage, guttering and balancing ponds; excluding mechanical systems, electrical systems, plant and equipment. |
Catering |
Commercial kitchens (ie large kitchens installed in restaurants, etc); limited domestic-sized kitchen equipment such as coffee machines and water coolers, which may be found in an office building. |
HTM Aligned |
Schedules aligned to the guidance set out in the NHS Technical Health Memoranda, recommended for healthcare settings. |
Laboratory Equipment |
Lab glass washers, drying ovens and gas systems. |
Management Tasks |
Audits and checks, such as energy performance certificates (EPCs), fire risk assessments and management audits. |
Mechanical Handling Equipment |
Plant and equipment used to move large loads in industrial buildings (ie warehouses and factories), including mobile platforms, vehicle lifts, conveyor belts and pickers. |
Operational |
Checks that aren’t considered maintenance but are part of the overall facilities management regime, such as meter readings, fire evacuation drills and water risk assessments. |
Security and Surveillance Systems |
Security and surveillance of the premises, including the controls and equipment that allow access to and from the building or perimeter, such as door access control, intruder alarms, infrared alarms, closed-circuit television systems (CCTV) and video surveillance systems (VSS). |
Mothballing and Reactivation |
Tasks to be carried out to allow for the safe shutdown and subsequent reactivation of most main systems, such as electrical, lighting, heating, ventilation systems and water services. |
Workshop Equipment |
Typical equipment found in commercial workshops and tooling stations, such as planers, welders and bench saws. |
Residential Set |
Property maintenance standards for residential structures. |