Eyre Scaffolding (Yorkshire) Ltd (from now on known as ‘we’ or ‘our’ or ‘us’) & The Hirer(s) – (from now on known as ‘you’ or ‘your’)
1. This quotation stands for 60 days from the date of its submission to a client. It is subject to our having the materials and labour available to carry out works, and our receiving reasonable notice to start work within 60 days after receipt of your order. We reserve the right to amend our prices should the quantity and/or particulars of the work change. Quotations are produced on the basis of nil discount, nil retention.
2. You will comply with and, to the best of your ability, will ensure the compliance of all your employees and subcontractors in respect of all relevant statutory Health and Safety regulations and our specific Safety Clauses listed below. You will indemnify us against all claims/proceedings and/or costs/expenses relating to any injury or death of any person
and/or damage/loss to property caused by or arising out of the misuse of equipment by any persons other than us and/or our employees or arising out of this contract. You acknowledge that adequate information about the use and safety of equipment is available upon request and you will acquaint, or have already acquainted yourselves, with this information.
3. We will exercise all reasonable care to make sure that the structure is soundly and satisfactorily constructed for your required purpose and will ensure that when the structure is constructed it will comply with all statutory regulations that apply. We will make good at our own expense any defects drawn to our attention in writing within 24hours which have arisen from faulty erection by us or our use of defective equipment. Any other defects drawn to our attention in writing will be remedied by us at your expense.
4. On receipt of written instructions from you, at your expense we will carry out any additions, alterations, adaptations and variations that are required to the structure. All such work will generate a new quotation from us which we will deem to be acceptable to you. You agree not to carry out or permit to be carried out any amendments to the structure in any way aside from as provided in the new quotation.
5. An appropriate day work rate (plus expenses) will only be used for minor alterations to the structure. When such work is carried out using this rate, the total number of hours worked including travel and expenses will be charged at the agreed day work rate, as shown in the quotation.
6. We have incepted and will keep in force liability insurance.
7. We will indemnify you against all sums for which you become liable as/for compensation for bodily injury or death or damage to property due to our negligence in the erection and/or dismantling of the structure or due to our use of defective equipment, unless otherwise provided for in these conditions. This is on the proviso that we will be entitled to conduct and control all claims and/or proceedings relating to such injury, death or damage on your behalf. You must notify us as soon as reasonably possible of any incident, but in any event not later than 24 hours after such incident.
8. We will not be liable to you for damage to glass, roofing or external cladding caused by and/or arising out of our work and you will undertake to indemnify us against all claims and/or proceedings and costs/expenses arising out of such damage unless (and to the degree) that the damage is due to our negligence or that of our agents or employees.
9. Whilst on site you will be responsible for loss or damage to our structure and will make good any such loss or damage, except to the degree that such loss or damage is caused by our or our employees’ negligence, default or willful act. In respect of any such loss or damage for which you are responsible, you will indemnify us either at the rate of the current sale value or the costs of repair when agreed by us.
10. Any rights which your employer may possess due to a contract between you and said employer in respect of plant, tools, structure, goods and material and temporary buildings on site will not extend to affect the ownership of any items provided by us necessary for carrying out our work. These items will remain the sole property of our firm at all times. In the event of a default in payment by you, you will assist us as far as you lawfully can to take back possession of our property.
11. Our quotation allows for the work to be carried out during our normal working hours. It is based upon our current rate of wages and any other additional expenses payable by us to or in respect of work and/or people engaged in connection with our work combined with the current prices of materials and/or transport in force at the time. Increases or reductions in these charges or rates and any changes in government taxes and/or contributions will be in addition to or will be deducted from our quotation using whatever index we reasonably consider appropriate.
12. You will provide, fix and uphold the maintenance of any necessary warning lamps and notices that are required under the provisions of any Statute or Byelaw or by force of regulations, or otherwise, during the period of hire.
13. You will obtain and, for the duration of the works, maintain all relevant consents, permits and licenses required under Statute or Byelaw or by force of regulations for the proper carrying out of the work and will furnish us with the particulars of all such consents, permits and licenses prior to work commencing. We reserve the right to amend our quotation if any consents, permits or licenses applicable cause additional expense to us.
14. In the event that progress and/or the completion of the work as detailed in our quotation is delayed for reasons beyond our control, you will grant to us a reasonable time extension in order that we may complete our work and will grant to us any appropriate payments in respect of additional manpower and expenses incurred by us because of the delay.
15. In order for us to consider any claim made by you in respect of delay due to our alleged actions, it is a condition precedent that written details of this delay are sent to us within seven days of the start of said delay.
16. Payment shall be made within 30 days of receipt of invoice if we have previously done work for you before otherwise payment terms will be stated on your quotation or invoice. We reserve the right in the event of a breach of this Condition by you to halt work on site and to remove our equipment without any notice without prejudice to any other rights we may have.
17. Unless stated to the contrary all prices and rates supplied by us to you in any of our documentation are net of Value Added Tax. Value Added Tax will be paid in addition to us over and above the net rates and prices at the prevailing rate as set by H.M Customs and Excise. We reserve the right to adjust the rate and the amount of Value Added Tax retroactively or otherwise in order to comply with any rulings made by H. M. Customs and Excise that affect any goods or services sold, hired or provided by us.
18. In respect of the Construction (Health, Safety & Welfare) Regulations 1996 (as amended by any statutory modification), you will provide us and our employees at no additional charge with all necessary facilities required by this Regulation.
19. There shall be no connection between any of our sales literature and our quotation (unless expressly referred to in the quotation). Such sales literature shall not form part of the quotation, nor any part of the resulting contract between us and you (unless expressly referred to in the quotation/contract).
20. The contract between us and you commences on first delivery and ends on last collection. Our chargeable hire period commences from erection and runs until we are notified in writing by you that the structure is to be dismantled. Any additional hire rate will be charged pro rata to the amount erected on expiry of the minimum period stipulated in our quotation.
21. Prices detailed in our quotation are for the period stated and are payable notwithstanding the fact that work may be completed in a shorter period of time.
21. In respect of substances hazardous to health (COSHH regulations) you must supply full details of any products or substances that are to be used/supplied on site which could affect the health of our workforce whilst they are on site. You will supply such information in adequate time for us to implement any procedures for the safe use of the product or substance, in order that our contractual obligations are not delayed in any way.
Safety Clauses (Your responsibilities as hirer)
In respect of: –
- Foundations/ground – You will make certain that the ground and/or base you provide us with to erect our scaffold has adequate load-bearing properties to support the structure that we erect without settlement. You will provide spreaders where necessary (unless we agree to do so at an additional cost).
- Inspection – Please note that it is your responsibility to ensure that the duties of (i) statutory inspections of the structure/scaffold and (ii) signing the register are carried out. We will not carry out these duties as the applicable regulations confirm that these duties are the responsibility of the employers of persons/labour that are using the structure/scaffold (unless we agree to do so at an additional cost).
- Access/Egress – You must maintain good access and egress for all our operatives, vehicles, equipment and materials at all times without fail.
- Ties and Bracing – You must make available and maintain suitable facilities for tying. You must at no time remove a tie or brace without the prior consent of one of our supervisors.
- Boards – Following our putting boards in position, they are often displaced and moved on site by persons other than ourselves. You will guarantee that all working platforms conform to the relevant regulations and legislation at all times.