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Scaffolding Conditions of Contract.
Elevation Scaffolding & Construction Ltd
Oare
Faversham is a town in the English county of Kent.
ME13 0QA
Contact us through email at [email protected].
www.elevationscaffoldservices.co.uk/ is the company’s website.
Contact number: 01795 533633
Unless the context indicates otherwise, the following phrases should have the following meanings in these circumstances and in the Quotations: –
‘Hirers’ must mean the person, entity or company for whom the scaffolding and/or other structure as detailed in the Quotation is/are to the built.
As used in this clause, the term “Owners” shall refer to the person, entity or company from whom scaffolding or other equipment is/are to be hired in accordance with the terms of the Quotation, as well as their servants or agents and any sub-contractors and their servants or agents where the context permits.
Quote shall imply the Owners’ invitation to hire, install, and dismantle the scaffold and/or other structure and shall include the cost of the scaffold and/or other structure.
‘Contract’ shall mean the Quotation, the Conditions of the Contract, the Hirers’ written order and the Owners’ acknowledgement thereof.
‘Rules‘ shall mean any relevant UK or European Community, governmental, local, and other competent bodies’ laws, regulations, and directives that are in effect at the time of the occurrence of the event.
The term “Scaffold Structure” shall refer to the scaffolding and/or other structure to be erected, as well as any equipment provided for use in connection therewith, in accordance with the terms of the Quotation, or as the same may be modified from time to time in accordance with the Conditions. “Scaffold Structure” shall mean the scaffolding and/or other structure to be erected, as well as any equipment provided for use in connection therewith, in accordance with the terms of the
According to the Quotation, “the Work” shall refer to all of the work involved in the installation, alteration, and takedown of the Scaffold Structure on behalf of the Owners, as specified in the Quotation.
The term “Period of Hire” refers to the time period beginning with the delivery of the initial materials and continuing for the whole period for which Hire costs are due and payable. Rent will be due until the Owners have received full payment for all work and have received written orders to dismantle and remove the Scaffold Structure or a portion of it, and a reasonable length of time has elapsed for the Owners to carry out these directions. It shall be regarded that there is a distinct term of Hire for each separate portion of the Scaffold Structure in the event that the Owners receive such orders to dismantle and remove various parts of the Scaffold Structure at different periods.
When the Scaffold Structure is being created, the Owners shall make reasonable efforts to ensure that it is solidly and appropriately constructed for the purpose for which it has been requested by the Hirers, and that it is constructed in accordance with any relevant Regulations. Accordingly, the Owners agree to correct at their expense any flaws in the Scaffold Structure that are brought to their knowledge in writing and that are the result of faulty design (if the Owners created the Scaffold Structure), erection, or use of defective equipment on their part.
The Owners agree to remedy any defects that arise as a result of the use or misuse of the Scaffold Structure by the Hirers, their servants, agents, sub-contractors, or other persons for whom the Hirers are responsible, or as a result of any act of a third party, within a reasonable time after receiving written notice from the Hirers specifying the defect. Those expenditures, expenses, or losses of profit suffered by the Owners as a result of the same shall be compensated by the Hirers in line with the requirements of this Agreement’s Section 17 (Payment).
It is expressly agreed that the Owners shall not be liable for any defects in the Scaffold Structure resulting from or arising out of or in linkage with insufficient or incorrect information provided to them by or on behalf of the Hirers or other third parties, nor shall they be liable for any defects in the Scaffold Structure resulting from the Owners’ failure to maintain or repair any building or structure in connection with which the Work has been carried out.
It is expressly understood and agreed that the Owners will not be responsible for any incompatibility between the Scaffold Structure and any requirements of the building or structure for and in connection with which the Owners have been hired to perform Work. In addition, any contractual conditions that may be inferred by law as to the quality or suitability for a particular use in relation to the whole or any part of the Scaffold Structure and/or any materials supplied by the Owners to the Hirers are explicitly disclaimed.
a) In addition to complying with any safety conditions set out in the Quotation, the Hirers shall require their employees and other subcontractors and their employees to comply with any other safety provisions which are required to be observed by the Hirers or other subcontractors under any applicable Regulations, and without limiting the generality of the foregoing, the Hirers shall ensure that all working platforms comply with all applicable Regulations at all times, and
b) Prior to the beginning of The Work, the Hirers shall ensure that all overhead power lines are rendered harmless. The Hirers are prohibited from altering or otherwise interfering with the Scaffolding Structure, in whole or in part, without the express approval of the Property Owner.
c) The Hirers shall notify the Owners in writing as soon as they become aware or should have become aware of any substances that are hazardous to health within the meaning of Regulation 2 of any substances that they become aware of or should have become aware of. This notice shall include details of any assessment or monitoring performed out by the Hirers, their employees, contractors, sub-contractors or agents, as well as any material relating to information or training.
in accordance with Regulation I of the Control of Substances Hazardous to Health Regulations 1988, which have been made available by and/or utilised by the Hirers, their employees, contractors, subcontractors, or agents in the execution of their responsibilities under the Contract.
d) Owners should be given as much time as is reasonably reasonable to conduct an assessment of the dangers and to develop any procedures that they feel necessary to deal with the hazards.
e) Any costs and expenses incurred by the Owners as a result of the foregoing (d) will be charged as an addition to the original contract.
In accordance with the provisions of Clause 8 (Injury or Damage to Premises), the Owners shall indemnify the Hirers against all sums for which the Hirer shall become responsible for damages or compensation for bodily injury to or death of any person or for damage to any property real or personal, if the same is caused by the negligence of the Owners while carrying out the Work; provided, however, that the Owners shall be entitled to conduct in the name of the Hirers and to consign A written confirmation from the Owners’ office to the Owners’ office must be sent immediately if such an incidence should occur. Neither the Hirers nor their agents shall enter into any agreement or enter into any agreement unless and until the Owners have agreed in writing to such terms and conditions. Any admission, promise or indemnity made without the Owners’ written consent may jeopardise the Hirers’ right to indemnity under this Condition.
Owners agree to maintain in effect at all times insurance policies covering their responsibilities under subparagraph (a) of this Clause 4 (Insurance), and to provide evidence of the level of coverage upon written request.
As a result of this Contract, except as provided in Clause 4 (a) above, the Hirers shall indemnify and hold the Owners harmless from and against any loss, damage, claims or proceedings, whether or not the Owners are strictly liable, and against any costs or expenses incurred in connection therewith, in the event that any person is injured or dies, or any property, real or personal, is damaged or destroyed as a result of this Contract. In respect of their obligations under this sub-paragraph, the Hirers shall execute and maintain in force at all relevant times policies of insurance covering such liabilities (c).
When a Hirers’ order has been properly acknowledged in writing by the Owners, the Hirers’ request to cancel the order will only be accepted at the sole discretion of the Owners and subject to the Owners being indemnified by the Hirers against all charges for work completed and all expenses paid in connection with the cancelled order prior to the acceptance of the cancellation, as well as against any loss, including loss of profit, which may be occasioned by such cancellation.
Unless otherwise agreed in writing by the Owners and following receipt of written instructions from the Hirers, any repair, addition, alteration, adaption, or change necessary to the Scaffold Structure will only be carried out by them and at the Hirers’ expense. Separate prices will be submitted by the Owners for any such work, and in cases where the work has already been completed, the prices will be deemed to have been accepted by the Hirers unless they submit a written objection within fourteen (14) days of the date on which the prices were originally submitted to them. Except as expressly provided in these Conditions or in the Quotation, the Hirers agree not to carry out or cause or permit to be carried out any repair, addition, modification, adaptation, or variation to the Scaffold Structure or to interfere with it in any way other than as expressly provided in these Conditions or in the Quotation. If the Hirers fail to comply with this undertaking, the Owners shall have the right to terminate the Contract in writing immediately and, without prejudice to any other rights or remedies that the Owners may have under this Contract or at law, the Hirers shall be liable for any additional costs or expenses incurred by the Owners as a result of or in connection with such breach.
Work on the Scaffold Structure will be done on a Daywork basis only if it involves only minor adjustments to the existing structure that are required by the Hirers from time to time. The entire number of hours hired for any Work shall be indicated on the Owners’ daily time records and countersigned by the Hirers’ representative in the event that any Work is carried out on this basis. Those hours will be billed at the Daywork Rate that was specified in the quote.
No liability shall be accepted by the Owners for any damage caused to roofs or other fragile surfaces of any premises for which the Scaffold Structure is required, regardless of whether physical ties can be maintained or whether anchors are drilled into the fabric of the building or whether the materials are transported in a manner that causes damage to the roofs or other fragile surfaces of any premises for which the Scaffold Structure is required. So far as it is possible to establish, the Owners will be liable for any injury or damage to the said premises (but only in cases in which the Hirers have provided and maintained, as appropriate, adequate protection against such damage or injury) and only in cases in which such injury or damage could be said to have been caused by the negligence or willful act or default on the part of the Owners. if the injury or damage is caused by their servants, subcontractors, or other third parties for whom the Owners are responsible; provided, however, that in any such case, the Owners shall be given written notice within seven (7) days of the occurrence of the injury or damage and shall be permitted to inspect the same and to arrange for its repair or making good if the Owners deem it necessary.
If the Hirers’ employers otherwise have a right to temporary buildings, plant, tools, equipment, goods, and materials on site under the terms of a contract between the Hirers and such employers, that right shall not extend to affect the ownership of any items provided by them in the course of carrying out the Work, and those items shall remain the unencumbered property of the Owners at all times, notwithstanding any provision of this Agreement to the contrary.
Except in the case of loss or damage to the Scaffold Structure or any part thereof caused by the negligence or willful act or default of the Owners, their servants, agents, subcontractors, or other persons for whom the Owners are liable, the Hirers shall be liable for and shall make good to the Owners any loss of or damage to the Scaffold Structure or any part thereof while on the premises of the Owners. They are liable for paying the full replacement value of the Scaffold Structure or any component thereof that is not returned to them and for the cost of repairing any damage that they cause to the Scaffold Structure. The making of any payment as aforesaid shall not be construed as transferring to the Hirers any ownership interest in the Scaffold Structure or any part thereof that has been lost, and in the event that such equipment is discovered, the Hirers shall take all reasonable steps to ensure that it is returned to the Owners as soon as reasonably possible.
a) The cost of employing labour is included in the Quotation to the extent that it is based on the rates of wages and other emoluments claimable by the Owners to work people engaged in the erection of scaffolding in compliance with the rules or decisions of the National Joint Council for the Building Industry, or such other rules and conditions as are applicable and current at the time of the Quotation. If a Quotation includes the cost of operating any transportation, the costs are calculated in accordance with the current rates published by the Road Haulage Association at the time the Quotation is issued. If a Quotation includes the price of materials or equipment, the price is based on the market price of any materials or equipment currently payable at the time of the Quotation, and if the Quotation includes the cost of operating any transportation, the price is based on the market price of any materials or equipment currently payable
b) Where the Quotation specifies that the price is subject to fluctuation, the following applies:
c) In the absence of specific instructions, the Quotation is predicated on the premise that:
d) Unless specifically specified differently, the Quotation does not include any costs or reimbursements for any technical drawings that may be necessary.
e) Notwithstanding the above subparagraphs (a) through (e), The Owners reserve the right to amend the Quotation at any time and for any reason without prior notice, and unless otherwise agreed in writing, the applicable prices shall be those in effect on the date on which the Scaffolding Structure and/or other materials are delivered to the Hirers, or on the date on which any labour and transportation is provided to the Hirers.
a) If the Work is not expressly included in the quotation, the Hirers shall be responsible for obtaining and maintaining all consents, licences, and permits required in connection with the Work from a third party or under any Regulations in force from time to time affecting the carrying out of the Work, and shall provide the Owners with particulars of all such consents, licences, and permits prior to the commencement of the Work unless expressly included in the quotation.
b) During the Period of Hire, the Hirers shall be responsible for supplying, installing, and maintaining any warning lamps and warning signage that may be needed pursuant to the terms of any Regulations or otherwise during the Period of Rental.
c) As a condition of this Condition, and without limiting the Owners’ rights under any other Condition of this Agreement, the Hirers agree to indemnify the Owners in the event of any loss, claim, or expense suffered by the Owners as a result of the Hirers’ failure to comply with their obligations under sub-paragraphs (a) and (b) of this Condition.
d) Amounts payable by the Hirers shall be increased by the appropriate amount in the event that compliance with the terms of any consent, licence, or permit referred to in subparagraph (a) of this Clause 12 (Permits) results in the Owners incurring additional expenses that could not have been reasonably anticipated at the time of quotation.
a) The Owners will use reasonable efforts to meet any delivery or performance date or period they specify either before or after the Contract, and they will not be liable for any failure or delay in meeting such delivery or performance date or period or for any loss or damage arising in connection with such failure or delay.
(b) In the event of a delay caused by any industrial dispute or any other cause beyond their reasonable control, including but not limited to acts of God, acts or restrictions of civil or other authorities, acts or restrictions of any third party, fire, inclement weather, non-availability or late delivery of materials, non-availability of necessary labour or transportation, explosion, or civil disturbance, the Owners shall not be responsible for and shall have no liability in respect of such delays. Any delay occurring as contemplated by this Condition shall entitle the Owners to a fair and reasonable extension of time for the execution and completion of the Works, as well as the right to recover any additional costs and expenditures incurred as a result of the delay and the extension of time.
(b) In the event that a delay described in paragraph above continues for an extended period of time, the Owners may, in their sole discretion, terminate the entire Contract or any part of it, as well as extend the time for delivery or performance of their obligations hereunder. (d) It shall be a condition precedent to the consideration of any claim by the Hirers against the Owners in respect of delay, and to any liability of the Owners for such delay, that written details of the delay be provided to the Owners.
c) Owners within seven (7) days of the occurrence of the occurrence of the occurrence e) Under no circumstances shall the Owners be liable in any way for any loss of revenue, loss of profit, loss of contracts, or other special, indirect, or consequential loss or damage suffered by the Hirers and/or any other person or party as a result of or arising out of or as a result of any delay in delivery or performance, or as a result of any extension of time, whether or not the delay is caused by the Owners’ negligence.
a) As a result of the Hirers’ failure to pay any sum due under this Contract in accordance with the terms of the Quotation and these Conditions, the Owners may, without prejudice to any other rights or remedies available to them, immediately terminate the Contract and remove all of their equipment from the site. In the case of non-payment by the Hirers, the latter should, to the extent that it is legally possible, help the Owners in regaining control of all of their equipment.
b) The Hirers will be in breach of this clause if they are unable to provide adequate security as provided in Clause 17 hereof, or if they become bankrupt or commit an act of bankruptcy, or if they make or enter into any deed of arrangement, assignment, or composition with their creditors; or if they are a company, an order is made or an effective resolution is passed for the winding-up of the company; or if an encumbrancer takes possession of,
c) When a Scaffold Structure is hired for use by the Hirers on or in connection with a contract for the construction, reconstruction, repair or maintenance of any works or buildings, and the occurrence of any such event as aforesaid results in the termination of the employment of the Hirers under that contract or if the Hirers are expelled from the site of the works under that contract for any reason whatsoever, the Owners may, upon request in writing, terminate the contract and return the Scaffold Structure
For the benefit of their own and the Owners’ employees, the Hirers will provide all welfare facilities required by the Regulations, including but not limited to the Construction (Health and Welfare) Regulations 1966 as amended or any statutory modification or replacement thereof for the time being in force, at no cost to the Owners. It is the Hirers’ responsibility to provide to the Owners with the relevant certificate in this regard from the approved Register F 2202.
Anything that the Hirers or their lawfully authorised representatives are obliged to deliver the Owners must be done so in writing; if done so verbally it must be verified in writing and received by the Owners within seven (7) days of the oral communication. The Owners will not be accountable for any mistakes or misunderstandings that may arise as a result of any order or instruction that has not been given in writing or that has not been verified in writing.
a) As specified in the quotation from the owners to the hirers, payment shall be made for the Scaffold Structure and/or any other materials and equipment delivered, any labour utilised, and any transportation provided, unless otherwise specified. b) Payment shall be made for the Scaffold Structure and/or other materials and equipment delivered, as well as any labour utilised and any transportation provided, unless otherwise specified.
b) Amounts owing after such period will be subject to interest at a rate equal to 8 percent per annum above the base lending rate in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, which will accrue from the date payment is due until the date payment is actually received by the Owners. The Hirers shall pay the Owners any amounts owing after such period if they fail to pay any such invoice within the specified period.
c) The Owners shall have the right, notwithstanding sub-paragraph (b), to suspend the execution of the Work and any work on any other contract then in effect between the Owners and the Hirers, or to withhold delivery of or remove any Scaffold Structure and/or any other materials and equipment, or to withhold the prior of any necessary labour or transportation, until the sum due (including any interest payable) is paid in full by the Hirers.
d) The Owners shall be entitled to demand security prior to delivery of any Scaffold Structure and/or other materials or equipment, or the provision of any necessary labour or transportation, either by prepayment or bank guarantee, notwithstanding any terms of payment previously agreed upon by the Parties.
e) There shall be no deduction from any payments paid by the Hirers to the Owners in the form of a retention or discount. In the event that CIS deductions are made, the Hirers will submit a payment and deductions statement with each payment.
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