PROTECTION OF RIGHTS
The customer shall not re hire , 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.
Our quotations are not contractual offers but we will hold quoted prices firm for a period of 60 days from the date of estimate.
Any quotes over £ 5000.00 may be asked for a non-refundable deposit .
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 8 weeks after the customer has had the scaffolding up. 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. Scaffolding is only to be worked on if it has been handed over to sub contractor or has appropriate signage on to inform builders etc it is safe to use.
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.
ARBITRATIONThe 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.
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. Any quotes over a certain amount may require a deposit.
Provided that the scaffolding has 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.
Our invoices are strictly net unless otherwise stated.
The customer and customer only ordering the scaffolding is liable for payment.
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.
TERMS OF PAYMENT
Terms of payment are set out in the invoice document. Which is 14 days after date of invoice unless other arrangements have been discussed with accounts department. Should this exceed, we reserve the right to charge interest on all monies outstanding over and above this period at a given percentage 2.5% of net figure per week until the account is settled in full.
The Person ordering the scaffolding will be liable for payment.
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.
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 within14 days of such loss or damage occurring and that such loss or damage is due to negligence on our behalf.
If the completion of any operations comprised within our estimate and to be performed by us is delayed by:
- Inclement or weather.
- Force Majeure.
- Loss or damage by fire.
- Civil commotion, strike or lock out.
- Delay on the part of contractors or tradesmen not employed by us.
- 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 .
- 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.