Terms & Conditions

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This contract is made between Mr. R A CLARK/Mrs. P L CLARK/Lewes Scaffolding Ltd ("the Owners") and the company, firm person, corporation, property owners/resident and/or public authority taking the Owners scaffolding and/or equipment ("the scaffolding") on hire ("the Hirer").

All terms of the contract between the Owners and the Hirer are incorporated in these Terms & Conditions ("T&C's") and no other condition or warranty shall be implied or deemed to be incorporated. The Hirer acknowledges that the Hirer has not entered into this contract in reliance upon a representation made by the Owners save insofar as the same is set out herein.

The Owners will let and the Hirer will take on hire of the scaffolding referred to in headed documents supplied, a full schedule of which is available for inspection from the Owners on request.

(a)   The minimum period of hire is four [4] weeks from the date of completion of erection of scaffold unless otherwise agreed in writing between the Owners and the Hirer.

(b)   The Hirer may request the Owners within the minimum hire period (4a) to extend the specified hire period ("the extended hire period") at cost of 7% of agreed estimate total per week to the Hirer. The terms set out herein shall apply to any such extended hire.

(c)   The Hirer is to give the Owners no less than five clear working days notice of wanting the Owners to remove the scaffolding before the expiry of the minimum period of hire or extended hire period but in the event of such removal there shall be no reduction in the contract price or additional costings.

(a)   The contract price set out in the estimate supplied is available for acceptance within 12 weeks of the date of such estimate. The Owners reserve the right to review the contract price after such acceptance period has passed.

(b)   Unless the Owners had agreed otherwise in writing, the Hirer shall pay the stated Total Price upon receipt of invoice including any invoice for extended hire periods or extras not otherwise included in the original accepted estimate.

(c)   If the Hirer has an existing account with the Owners, it is agreed that the Hirer shall pay up to 14 days of receipt of invoice.

(d)   In default of payment in accordance with the provisions set out in these T&C's, the Hirer shall pay to the Owners interest on all monies owing at the rate of 6% for each calendar month or part thereof including any expenses incurred during recovery of overdue owed amounts.
(e)   The contract price does not include ladders or lights unless expressly included.

(f)    Unless specified in writing by the Owners, the contract price includes boarding to one (working) lift only. Boarding to additional lifts will be charged as an extra.

(g)   Unless specified in writing by the Owners, any alteration to the scaffolding not included in the agreed estimates shall be charged by the Owners at the Owners day work rate including time & time prevailed together with any expenses.

(h)   Terminated visits + partial erection/dismantles, unless specified in writing by the Owners, will be classed/chargeable as adaptations or extras.

(a)   The Owners will be solely responsible for the delivery, erection and dismantle of the scaffolding.

(b)   The Hirer shall not alter, remove or in any way interfere with nor cause or permit any alteration, removal or interference with the scaffolding erected by the Owners.

(c)   The Hirer shall pay the Owners the full replacement cost of all scaffolding lost, stolen, destroyed or otherwise missing during the hire or damaged during the period of hire, accident or not.

(a)   The Owners shall not be liable for any loss, damage, injury or delay due to any cause beyond his control including (without prejudice, to the generality of the foregoing but not limited to) acts of Government, strikes, lockouts, fire, lightning, storm, tempest, aircraft, explosion, flooding, riots, civil commotions, acts of war, malicious mischief or theft.

(b)   Whilst the Owners will take all reasonable care to avoid damage, the Owners shall not be liable for any damage caused during the erection, alteration or dismantling of scaffolding where such damage is caused to flat roofs, slates, tiles, asbestos and other roofing materials nor to downpipes and guttering nor to any part of any building in tying/drilling such scaffolding to provide lateral support.

(c)   The Owners shall not be liable for any loss or damage howsoever if the scaffolding has been altered, moved or otherwise interfered with by anyone other than the Owners.

(d)   No liability shall attach to the Owners either in contract or in tort for loss, injury or damage sustained by reason of any defect in the scaffolding or in the erection or alteration thereof whether such defect be latent or apparent on examination.
(e)   All satellite dishes and aerials should be removed prior to erection of scaffolding and for the entire period whilst erected. In the event of such being left in place, the Owners accept no liability for damage or interference.

The Hirer shall:

(a)   Obtain and renew all licences, permits and easements that may be required for the erection of the scaffolding referred to in all accepted estimates.

(b)   Ensure that all areas to be scaffolded are of sound construction and provide a sound base for such scaffolding and any debris, equipment, vegetation, animal excretion or similar is removed before the attendance of the Owners.

(c)   Ensure that all overhead wires and cables are covered, insulated and made safe or removed before the erection of scaffolding including the duration of hire and dismantle and in default shall indemnify the Owners in respect of all expenses incurred and losses suffered by the Hirer in making safe such overhead wires and cables.

(d)   Ensure that all scaffold boards, tarpaulins and any other loose items of scaffolding are tied down and made secure in extreme weathers such as high winds and heavy rain.

(e)   Ensure that in all areas to be scaffolded the Owners can obtain adequate provision to tie in and prevent lateral movement of scaffolding.

(f)   Ensure that lighting equipment for scaffolding on public highways remains in place and in good working order throughout the hire and shall replace any defective bulbs or other lost, stolen or defective lighting equipment at the Hirers expense with proof of purchase provided to the Owners.

(a)   The scaffolding and any other equipment supplied shall remain the property of the Owners and nothing in any contracts shall confer or be deemed to confer any interest in the scaffolding on the Hirer.

(b)   If the Hirer shall make default in payment of any sum payable hereunder or shall fail to observe or perform any of the other T&C's of the contract the Owners may, without prejudice to any pre-existing liability of the Hirer, terminate the agreement by notice in writing sent to the Hirer by prepaid post at the Hirers last known address or by supplied contact details including phone number and email address.

(c)   If the Hirer shall commit an act of bankruptcy or have a Receiving Order made against him or shall make any arrangement with his creditors or any assignment for the benefit of such creditors or if distress or execution shall be levied or threatened upon any of the Hirers property or any judgement against the Hirer shall remain unsatisfied for more than 14 days then the Hirer is to immediately notify the Owners and the contract shall automatically and without notice terminate without prejudice to any pre-existing liability of the Hirer + all due costings to be settled to the Owners.

(d)   Upon the termination of any contract whether by effluxion of time or otherwise, the Owners may without notice retake possession of the scaffolding and may for that purpose by himself, his servants or agents, without previous notice, enter upon any land or premises on which the scaffolding is or believed by the Owners to be situated.
(e)   The Owners reserve the right to advertise on all scaffolding and equipment supplied.

(f)   As per insurance regulations, any removal or tampering of the Owners signs will render the structure as uninsured and as such will be liable for immediate removal at the Owners discretion which will incur further costings to the Hirer.