Terms & Conditions of Business
1) This quotation is open for acceptance within three months of the quotation by the Hirer and is subject to the Owners having available materials and labour at the time of receipt of the Hirers order and the Owners receiving reasonable notice to commence work after receipt of the Hire order, provided that the said notice to commence work shall not be given more than twelve months after the date of acceptance unless it is otherwise agreed in writing by the parties concerned.
2) The Hire period begins and ends as stated in the quotation.
3) The owners will exercise all proper care to ensure that the scaffold is soundly and adequately constructed to meet the purpose requested by the hirer and then when constructed it complies with the requirements of the Construction Health Safety and Welfare Regulations 1996.
4) The Hirers shall use the scaffolding at their own risk and in all respects shall be responsible for and indemnify the Owners against all claims, damages and costs. Where due to the negligence of the Owners the latter shall be responsible for and indemnify Hirers against such claims, damages, costs, provided that it shall be a condition precedent to the Owners bearing responsibility therefore that the Hirers give within seven days to the Owners written notice specifying the said damage and afford the Owners inspection facilities before any claim can be considered.
5) When erecting and dismantling cradle equipment or any type of scaffolding on roofs, every care will be taken to prevent any damage, but this quotation is submitted on the express condition that the owner will not be held responsible for broken slates or tiles or any other part of the roof or structure provided by the Hirer as ‘a base’ or foundation on which it is intended to erect the scaffolding.
6) The Hirers and Owners respectively shall effect and keep in force during all material times policies of insurance for adequate amounts against their respective liabilities under or in force for the time being in respect of injuries to persons or property and at common law in respect of injuries to persons arising out of and in the course of the execution of the work and or arising out of and in the course of the employment of any workman employed by them respectively.
7) All material let out on hire remains the property of the Owners, in the event of default or payment by the Hirers, the latter shall so far as they lawfully can assist the Owners to resume possession of the goods.
8) Unless otherwise agreed to , alterations required of the Hirers over and above the original agreed design plus at a cost calculated by the owner any expenses agreed or otherwise. Where any work is carried out at day work rates, the number of hours booked, and as shown on the Owners daily time cards or time sheets, will be chargeable at the rates shown on the quotation as provided by request from the owner.
9) Advice for all materials delivered to and taken from the site shall be issued on request, in the absence of this request, the Owners records shall be deemed to be acceptable by the Hirers.
10) The Hirers shall pay in respect of any material lost, the full current catalogue price, and in respect of materials damaged the cost of repair (loss or damaged by fire excepted).
11) The Owners will not be responsible for consequential loss caused by the negligence, acts or defaults of themselves or any of their employees, the owners are insured in respect of workmen’s compensation and public liability.
12) The Hirers will be responsible for obtaining the necessary permission for scaffolding to encroach upon pavements or other land, also the fixing and maintenance of any lights needed during darkness and the provision and siting of any necessary baulking, barriers, signage and any other item of plant or equipment necessary for the safe control of vehicular or pedestrian traffic.
14) If completion of the works specified in the quotation herein be delayed
- a) By force majeure, or
- b) By reason of any inclement weather, or
- c) By reason of loss or damage by fire, or
- d) By reason of civil commotion, local combination of work men, strike or lockout, effecting ay of the trades employed upon the works, or
- f) By delay on the part of the Hirers or any contractors or tradesmen engaged by them in executing work not forming part of the contract, or by inability beyond the control of the owners to secure such labour and materials as may be essential to the proper carrying out of the works
There shall be upon the happening of any such event a fair and reasonable time for completion of the works granted to the owners. If after such extension the Owners are still unable to complete the said works by reason of the matters referred to the Owners shall be at liberty to terminate this contract and they shall be paid by the Hirers on a quantum merit basis.
15) If the Hirers acceptance of this quotation is expressed to be subject to conditions, it is understood that such conditions are binding only so far as
(a) they are not at variance with these conditions and
(b) they are confirmed by the Owner in writing.
16) The Hirer is to ensure that the ground and/ or base provided for the owners scaffolding is adequate to support without settlement the loads to be applied.
17) The Hirer is to ensure that adequate facilities for tying the scaffold to the building façade or structure are made available and maintained. The Owners cannot be held responsible for any accident or damage of any sort whatsoever if their materials are shifted, tie systems or any other part of the scaffold structure are altered by the Hirers or others.
18) ‘Handing –Over’ Certificates countersigned by the Hirer or their agent are deemed to be a completed Certificate of Conformity. Alterations requested after the date of signing
19) Terms of payment – These are set out in the invoice document, which is 30days from date of invoice unless other arrangements have been discussed.
As at 1st January 2019