CORPORATE SCAFFOLDING LIMITED CONDITIONS OF QUOTATION, CONTRACT AND HIRE
1: These conditions form part of and should be read in conjunction with all Quotations, Contracts and Hire Agreements with Bell Scaffolding Limited and or any associated companies.
2: Please note that GST has not been included in the prices.
3: ln these Conditions "Owner" means Corporate Scaffolding Limited and "Hirer" means any person, company, or Corporation (including any Representative) who shall hire equipment from the Owner.
4: When equipment is delivered to the Hirer or his representative the Hirer or his representative shall sign the Hire Agreement presented by the Owner's representative and it shall be conclusive proof of the delivery in good condition of the equipment listed on the docket.
5: The Hirer shall be responsible for receiving and checking equipment listed on the Hire Agreement. In the event of any shortage and/or damage the Owner's delivery docket must be endorsed accordingly. Separate written notification must be given to the Owner within three days of the delivery. Claims can not be recognised unless this action has been taken and the Owner's liability in this respect is limited accordingly.
6: No liability will be accepted by the Owner for failure on the Owner's part to deliver on a specific date or within a specified time from receipt of order.
7: The Hirer may not sublet any equipment or transfer any equipment to a separate location without prior written consent from the Owner.
8: The Hirer shall fully and completely indemnify the Owner in respect of all claims by any person whatsoever for the injury to persons and/or damage to property caused by, or in connection with, or arising out of the use of the equipment and in respect of all costs and charges in connection with or Arising under Statute or Common Law.
9: The Hirer shall be solely responsible for and insure against loss or damage caused to the equipment.
10: When equipment is returned to the Owner by the Hirer's transport, the equipment returned shall be counted in the Owner's yard and Hire Agreement Return Docket issued to the Hirer which shall be conclusive proof of the return of the quantities of equipment listed thereon, but not of it's condition at the time of return. If the Owner collects equipment, it will be checked on arrival in the Owner's yard for quantity and condition. In both cases the check in the Owner's yard for quantity and condition will be the only legal proof of the quantity and condition of equipment returned.
11: In all cases the Hirer shall be responsible for returning all equipment to the Owner.
12: Instructions to the Owner to collect the equipment must be given at least 24 hours before collection is required.
13: The hiring of the equipment shall be deemed to continue until the Owner receives the equipment. The day of hiring and the day of return will both be charged as whole days. No allowance will be made for holiday periods or inclement weather or for any other reason whatsoever beyond the Owner's control including strikes, lock outs, cessation of labour, transport delays, Government interference or control or any other cause or contingency.
14: Where equipment is not returned to the Owner or where the Owner receives notice that the equipment has been lost or where after reasonable notice from the Owner the Hirer shall be unable to produce any equipment such equipment shall be treated as "lost equipment" . The Owner shall thereupon be entitled to invoice the Hirer and the Hirer shall pay the sum equal to the standard sale price at the date when such sum is invoiced. Until such sum is invoiced hire charges shall continue to accrue.
15: Where "lost equipment" is returned to the Owner or recovered and taken back into use by the Owner the Hirer shall be entitled to a credit equal to the sum debited in respect thereof under condition 14 hereof and the Owner shall be entitled to debit the Hirer with hire charges in respect thereof as if such equipment had never been lost.
16: Permits and Licences. It is the Hirers responsibility to provide all engineering calculations and certificates, local body permits at their cost.
17: Site measurements. All Quotations and Contracts may be subject to amendments both in physical details and price, should the dimensions at the point of installation be different to those upon which the original Quotation or Contract was based.
18: Terms of Quotation or Contract. This Quotation or Contract is based on rates for materials and labour as known to the Owner at today's rates and will remain valid for 30 days from this date. Any fluctuations in these rates after 30 days will require this Quotation or Contract to be revised.
19: Labour. Where the Owner is required to supply labour for erection and dismantling of equipment specified in this Quotation or Contract the following conditions apply, a: Ground is assumed to be level and true and free of obstructions unless stated. All additional labour or material required to compensate this will be charged as an extra to the Quotation or Contract. b: Erection and dismantling will be carried out during normal working hours 7.30 am to 5.00 pm on weekdays, excluding Statutory holidays unless by prior arrangement. All work required outside these hours will require a variation order. Extras to the Quotation or Contract will be charged at $50.00 per man per hour during normal working hours and will require a variation order to cover the additional work. c: Site delays when delivering or removing equipment from site beyond the companies control will be charged at $70.00 per hour. In the event of an agreed lay down area not being available at the agreed time of delivery or removal all additional costs of labour and transport incurred by the Owner will be at the Hirer's cost. d: Site Agreements. This Quotation or Contract is based on using the Owner's own labour force or nominated sub contractor, no allowance have been made for any site agreements or special conditions which may apply on site.
20: This Quotation or Contract is subject to a site inspection and the availability of equipment.
21: The Hirer is to ensure that the scaffold is not altered, planks moved or removed without prior written consent of the Owner.
22: Gantries, fans, screening, kickboards, encapsulation materials and fittings unless specified will require a variation order. These items are excluded as the hirer may allow for alternative arrangements.
23: Hire rates include for fair wear and tear only and when equipment is returned in a condition other than when received by the Hirer, a charge for cleaning, reconditioning renewing or replacing will be made where necessary by the Owner.
24: Terms of payment. Approved accounts strictly net, due for settlement on the 20th of the month following the date invoiced. Where payment is not received on due date the Owner will charge interest at the rate of 2% per month on the total outstanding balance. Where the account remains unpaid for a period exceeding 60 days the Owner shall at their discretion remove all scaffold register cards (see condition 28 below) together with any equipment necessary rendering any scaffold that is the property of the Owner, unsafe and unusable by the Hirer. The costs of this, and reinstating the scaffold will be charged as an extra and will be payable by the Hirer.
25: The Owner retains the right of access to any site, building or location where the Owner's equipment may be for the purpose of re-possessing any of the Owner's equipment should the Hirer contravene any of these conditions.
26: This Quotation or Contract is accepted on the basis that unless specifically agreed the Hirer will hold no retentions on monies due to the Owner.
27: Written Company orders stating the period of hire will not be automatically terminated.
28: Scaffolds where a fall of 5.0m or more may occur, or a scaffold classified as a special scaffold, will be maintained under a Scaffold Register System which will require weekly inspections by the owner while the scaffold is in use and monthly while not in use. The cost for this is extra to the contract price and will be charged at $50.00 per man per hour plus $50.00 transport per inspection.
THE HIRER ACCEPTS THE ABOVE CONDITIONS WHEN ENTERING INTO A CONTRACT WITH CORPORATE SCAFFOLDING LIMITED