TERMS & CONDITIONS OF BUSINESS 2007
ESTIMATES
Our quotations are not contractual offers but we will hold quoted prices
firm for a period of 60 days from the date of estimate.
CONTRACTS
All contracts relating to the supply, erection, hire and dismantling of
scaffolding shall be valid and binding only if made in writing and shall be
subject to the special and general conditions of business set out in this
document.
No conditions other than herein specially set forth shall be implied or
deemed to be incorporated in or to form part of any contract between us and
the customer.
ERECTION & HIRING
Commencement of erection at the time required by the customer is
conditional upon our having adequate materials and labour available when
requested to commence work and to be given reasonable notice to do so.
Unless this notice to commence work is received within 60 days of the date
of our acceptance of your order this estimate and any contract arising there
from shall be void.
The hire period shall commence on and include the first day of erection
and shall continue until the date of our receipt of your instructions to
dismantle. Where we agree to the continuing hire of part of a scaffold
beyond the end of the period stated in our estimate pro rata hire will be
payable in respect of such continuance.
When scaffold is complete it will be checked again by erecter and a
Handover certificate will be sign to say it is complete. This must also be
signed by site foreman, if no one is available to sign please let us know so
arrangements can be made.
No reasonability will be taken if a certificate has not been signed.
CITB registered cardholders only must erect / remove or alter
scaffolding..
SCAFFOLD ALTERATIONS AND DAY WORK
At your written request we will alter existing scaffolds to suit your
requirements, such alterations being carried out current day work rates plus
such other expenses we may reasonably incur.
All alterations must be carried out by CITB registered card holders only,
We will not accept any responsibility for any accidents that have happened
if the scaffold has been removed or altered by yourselves or employees / sub
contractors working on your site.
PRICE VARIATIONS AND PAY RISES
We reserve the right to vary the price of any contract to take account of
any fluctuations in wage rises or variations in our costs of and in relation
to the employment of staff and work people
During the subsistence of any contract made pursuant to our estimate the
wages and conditions of employment of both our workmen on site and those of
the customer shall be such as may from time to time be laid down by the
National Joint Council for the building industry, and the customer shall
indemnify us against loss or damage which we shall suffer whether on site or
elsewhere in respect of any failure by the customer to pay or maintain such
wages or conditions Shall include any nationally agreed increase in wage
rates, working conditions and costs in relation to this business.
OBLIGATIONS
Provided that the same shall not have been altered or tampered with by
the customer we undertake to exercise proper care consistent with prevailing
standards in the building trade to ensure that all scaffolding is soundly
and adequately constructed to the customers requirements and in conformity
with the requirements of the construction (General Provisions) Regulations
of 1961 and the construction (Working Places) Regulations 1966.
We will provide adequate cover against all liability on our part to our
own workmen and to third parties arising out of erection, alterations and
dismantling scaffolding on site.
CUSTOMERS OBLIGATIONS
Our invoices are strictly net unless otherwise stated and are for payment
as set out in the invoice document.
The customer shall ensure that the ground and or base for our scaffolding
is adequate to support the loads to be applied and shall provide any
necessary spreaders.
The customer shall ensure that adequate facilities for tying made
available and are maintained, no ties or braces to be removed without the
consent of our site supervisor.
No ties or braces to be removed without the consent of our site
supervisor.
During the period of hire the customer shall make good to us all damage
to our plant from whatsoever cause the same may arise, fair wear and tear
expected., and except as provided in condition herein shall also fully and
completely indemnify us in respect of all claims from any source whatsoever
for injury to person or property caused by or in connection with or arising
out of the use of the scaffold and in respect of all costs and charges in
connection there with whether arising under statue or common law.
SUB LETTING
The customer shall not sub let or lend the plant or any part thereof to
any third party without permission in writing and shall not remove the plant
from the site to which it was delivered without prior consent to be
confirmed in writing.
CONTRA CLAIMS
No contra claims shall be set off against our invoices without our
approval in writing
We shall not meet any claims for loss or damage to the persons or
property or third parties unless such loss or damage is notified to us in
writing within 14 days of such loss or damage occurring and that such loss
or damage is due to negligence on our behalf.
DELAY
If the completion of any operations comprised within our estimate and to
be performed by us is delayed by:
I) Inclement or weather.
ii) Force Majeure.
iii) Loss or damage by fire.
iv) Civil commotion, strike or lock out.
v) Delay on the part of contractors or tradesmen not employed by us.
vi) The unavailability for reasons beyond our control of such labour and
or materials as are necessary for the proper performance of our obligations
under the contract .
vii) Any other cause beyond our control, then immediately upon the
occurrence of such circumstances we will give notice the customer thereof
and a fair and reasonable extension of time for completion of such
operations shall be agreed.
PROTECTION OF RIGHTS
The customer shall not rehire , sell, mortgage part with possession of or
otherwise deal with our plant except as provided in General conditions
herein and shall protect the same against distress, execution or seizure and
shall indemnify us against loss, damage, costs, charges and expenses that
may be occasioned by any failure to observe and perform this condition.
If the customer shall make default in punctual payment of such sums due
to us under any contract or shall fail to perform and observe any conditions
to which a contract with us is made subject or if the customer shall suffer
any distress or execution to be levied against him or make or propose to
make any arrangement with his creditors or being a company shall go into
liquidation (except by way of an amalgamation or reconstruction) or shall do
or cause to be done or shall permit or suffer any act or thing whereby our
rights in our plant may be prejudice or put into jeopardy any agreement
between us and the customer shall forthwith terminate (without notice from
us and not withstanding that we may have
Waived some previous default or matter of the same or like nature) and it
shall be lawful for us to retake possession of our plant and for that
purpose to enter into or upon any premises where the same may be and the
determination of the contract under this condition shall not effect our
right to recover from the customer any monies due to us under the contract
or damage for breach thereof.
ARBITRATION
The terms and conditions of any contract between us the customer shall be
construed according to the laws of England and all disputes arising between
us and the customer shall be submitted to arbitration with the Arbitration
Act 1950 or any statutory modification thereof provide that nothing
contained in this condition shall preclude an application to the High court
of justice of any county court for equitable relief.
TERMS OF PAYMENT
Terms of payment are set out in the invoice document. Should this
exceeded, we reserve the right to charge interest on all monies outstanding
over and above this period at a given percentage 11% of net figure per day
until the account is settled in full.