TERMS & CONDITIONS
The following conditions of contract for hire, erection and dismantling of scaffolding by Advanced Scaffolding (SW) Ltd
In these T&Cs the following expressions shall, unless the contract otherwise admits, have the meanings:
‘Hirers’ the person, firm or company for whom the scaffold and/or other equipment as described in the quotation/contract is to be erected for.
Advanced Scaffolding (SW) Ltd abbreviated to ‘ADV’ the company from whom the scaffolding and/or other equipment, is to be hired in accordance with the terms of the quotation/contract.
‘Quotation’ and ‘Contract’ ADV’s offer to the Hirers in respect of the hire, erection and dismantling of the scaffold and/or other equipment.
‘Regulations’ any regulations from time to time in force under any Act of Parliament or local authority which affects the erection, use or dismantling of scaffolding and/or other equipment included in the quotation/contract.
‘Scaffold Structure’ the scaffolding to be erected and any equipment provided for use in connection therewith in accordance with the quotation/contract.
‘The Work’ the work involved in the erection, alteration and dismantling of the scaffold structure by ADV as described in the quotation/contract.
1. ADV will ensure that the Scaffold Structure is soundly and competently constructed for the purpose requested by the Hirers and that when constructed it will fully comply with all applicable regulations. ADV undertake to remedy at their own expense any defects drawn to their attention, which have arisen from faulty design or erection by ADV.
2. The Hirers shall comply with and shall ensure all their employees and other subcontractors using ADV scaffolding/equipment, comply with the conditions regarding safety and proper use of the scaffolding as set out in the quotation/contract.
3. Subject to the provisions of Condition 6. ADV shall indemnify the Hirers against all sums for which the Hirer shall become liable for damage or compensation for bodily injury to, or death of any person or for damage to any property real or personal provided the same be caused by the negligence of ADV in carrying out the work provided nevertheless that ADV shall be entitled to conduct in the name of the Hirers and to control all claims or proceedings relating to such injury or death or damage in the event of any such occurrence immediate notice must be given to ADV in writing. No admission, offer, promise of payment or indemnity shall be made by the Hirer’s without ADV’s written consent may prejudice the Hirer’s right to indemnity under this condition.
(ii) ADV have effected and undertake to keep in force at all material times policies of insurance in respect of their liabilities and hereby undertake on request to produce (or cause their insurers to produce) evidence of the extent of cover.
(iii) The Hirers shall indemnify ADV against any loss, damage, claims or proceedings, and against any costs or expenses arising out of or in connection therewith, in respect of any injury to or death of any person or damage to any property real or personal caused by or arising out of or in the course of the use or misuse of the scaffold structure by any person (other than ADV employees) or arising out of this Contract. The Hirers shall effect and keep in force at all material times, policies of insurance in respect of their liabilities under this sub paragraph.
4. Hand Over Certificate. Upon completion of the erection of the Scaffold Structure, ADV shall upon request issue to the Hirers a Hand Over Certificate stating that the Scaffold Structure has been supplied and erected in accordance with the Contract and complies with all Regulations including design requirements governing the design, erection, adequacy, stability and safety of Scaffold Structures. Where the Contract provides for the handing over of sections of Scaffold Structure such certificate shall be issued with reference to such sections upon their dates of completion.
5. Any repairs, additions, alterations, adaptations or variations required to the Scaffold Structure will be carried out by ADV only upon receipt of written instructions from the Hirers and at the Hirers’ expense. Separate Quotations will be submitted for any such work by ADV. Quotations in cases where the work has already been carried out will be deemed to be accepted by the Hirer unless queried in writing within 7 days from the date of such Quotation. The Hirers undertake not to carry out or cause or permit to be carried out any repair, addition, alteration, adaptation or variation to the Scaffold Structure or to interfere with it in any way other than as specifically provided in these conditions or in the Quotation/Contract.
6. Minor alterations only to the Scaffold Structure as arising from time to time as required by the Hirer will be carried out on a daywork rate basis. Such hours will be chargeable at the daywork rate stated in the Quotation/Contract.
7. Any erection, alteration or dismantling of the Scaffold Structure which involves work on or adjacent to roofs or other fragile surfaces of any premises in respect of which the Scaffold Structure is required, ADV shall not be liable for any damage caused to such roofs or surfaces where such damage is inevitable if the work is to be carried out in accordance with the specifications provided nevertheless that ADV shall use their best endeavours to minimise the extent of any such damage. Subject as aforesaid ADV shall be responsible for injury or damage to the said premises only where such injury or damage can be shown to be caused by any negligence or wilful act or default on the part of ADV, provided always that in any such case ADV shall be notified within seven days of the occurrence, in writing of the injury or damage and shall be allowed to inspect the same and if thought fit themselves to arrange for its repair or making good.
8. Any right which the Hirers’ employers might otherwise possess under the terms of any contract between the Hirer and any such employers over temporary buildings, plant, tools, equipment, goods and materials on site shall not extend to affect the ownership of any items provided by ADV in carrying out the work, which items remain the unencumbered property of ADV at all times.
9. The Hirers shall be responsible for and shall make good to ADV any proven loss or damage to ADV’s equipment whilst on the site unless such loss or damage be caused by the negligence or wilful act or default of ADV or other persons for whom ADV are so responsible. The Hirers shall pay a fair and reasonable charge in respect of any damage to equipment for which they are responsible for the cost of repair/replacement.
10. Unless otherwise stated the Quotation/Contract is based upon the assumption that the work will be carried out during normal working hours and that any overtime outside of normal working hours shall constitute a net addition to the price quoted.
11. If progress on or the completion of the work is delayed for any reason outside the control of ADV a fair and reasonable extension of time for executing and completing the work shall be granted to ADV. It shall be a condition precedent to the consideration of any claim by the Hirers against ADV in respect of delay, and to the liability of ADV for such delay, that written details of the alleged delay be sent to ADV within 7 days of the occurrence thereof.
12. (i) If the Hirers fail to pay any sum due in accordance with the terms of this Quotation/Contract and of these Conditions ADV may, but without prejudice to any rights and other remedies, forthwith terminate the Contract and remove all their equipment from the site. (ii) If the Hirers become bankrupt or commit an act of bankruptcy or make or enter into any deed of arrangement, assignment or composition with their creditors or being a company enter into liquidation whether compulsory or voluntary (Except liquidation for purposes of reconstruction or amalgamation) or suffer to allow the appointment of a receiver or professional liquidator, or any execution whether legal or equitable to be levied on their property or obtained against them, then ADV may but without prejudice to any other rights or remedies forthwith terminate the contract and remove all their equipment from the site, PROVIDED always that if the removal of ADV’s equipment might (having regard to the methods of construction employed by the Hirers) cause danger to the safety or stability of or result in serious disturbance to any part of the works being carried out by the Hirers (herein called the ‘Dangers’) then ADV’s right of removal under this paragraph shall be suspended until such time as none of the Dangers subsist and subject in any event to the next succeeding paragraph
13. The Hirers will provide all welfare facilities required by the Construction (Health, Safety and Welfare) Regulations 1996 for their own and ADV’s employees without charge to ADV. The Hirers will issue to ADV the relevant certificate from the approved Register F-2202.
14. Any order or instructions required to be given to ADV by the Hirers or their duly authorised agents shall be given in writing, or if given verbally, shall be confirmed in writing by the Hirers within seven days. ADV shall not be liable for the consequences of any inaccuracies or misunderstandings that might result from any order or instruction not having been given in writing or so confirmed.
15. The Quotation is open for acceptance by an Order placed within three months from the date of the Quotation.
16. Our payment terms are strictly ten days from the date of invoice and we reserve the right to charge interest of 5% thereafter on unpaid invoices.
17. Rental charges are calculated at 5% per week after eight weeks, unless otherwise stated in contract.
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