TERMS AND CONDITIONS


TUBES SCAFFOLDING LIMITED
General Terms and Conditions for Erection, Hire & Dismantling of Scaffolding


1. Definitions
“The Customer”
The person or company for whom the scaffold and/or other structure as described in the estimate is to be erected.

“The Company”
Tubes Scaffolding Ltd.

“Personnel” Any of the Company’s employees, agents or subcontractors that are provided to the Customer for the purposes of setting up, assembling, adapting, dismantling or removing the Equipment

“The Works”
The work involved in the erection, alteration and dismantling of the scaffold structure the Company has described in the estimate.

“The Estimate”
The calculation of the value, or extent of scaffolding and /or other structure based on the information provided by the Customer.

“The Contract”
Mutual agreement between the Customer and the Company based on acceptance of an estimate or revised estimate.

“The Equipment”
All equipment and material employed or let on hire by the Company for the Contract.

“Handing Over Certificate”
Document issued by the Company to the Customer on site, signed by authorised representatives of both parties at the time of handover of the completed scaffold/structure confirming supply and erection in accordance with the Estimate and incompliance with relevant Health & Safety Regulations.

2. Acceptance & Confirmation
a) An estimate is valid for two months from the date of issue and is open for acceptance by placing an order during this period.
b) The estimate cost is based on work being carried out during normal working hours (7.00 am – 4.00pm Monday to Friday) or hours agreed in writing with the Customer.
c) Additional costs will be incurred if the Company is unable to carry out works due to unforeseen circumstances at the time the estimate was written, if waiting time is incurred on arrival to carry out works, the work scope is changed/increased, or if any scaffold equipment cannot be removed from the Customer site due to contamination.
d) If required, engineers’ drawings/calculations will incur an extra cost and may take at least 15 days to prepare.
e) The Customer will provide the Company with at least 5 working days’ notice to carry out works unless otherwise agreed between the parties.
f) The Customer is required to provide an order before any work can commence on site.
g) The Customer will ensure good clear access to the site and to the point of scaffold erection at all times and that such access is suitable for the Company’s vehicles The Customer is responsible for ensuring a safe working area, also to prevent unauthorised access within the working area e.g., erections of barriers, fencing.
h) The Customer, their employees and/or subcontractors (and their employees) engaged by the Customer will comply with the conditions regarding safety as set out in the Estimate and all other safety provisions/ regulations including the Construction (Design and Management) Regulations, Construction (Health Safety & Welfare) Regulations 2015 and Work at Height Regulations 2005 (list not exhaustive).

3. Licences, Electrical Earthing & Notices
a) The Customer is responsible for obtaining and maintaining all consents, licenses or permits required in connection with the scaffold or from any person in possession or ownership of property adjoining the site where the scaffolding has been erected, and will produce copies of consents, licenses or permits to the Company before the commencement of the work. If compliance with the terms of any consent, licence or permit involves the Company in additional expense this will be added to the price payable by the Customer.
b) The Customer is responsible for supplying, fixing, maintaining any warning lights and warning notices that may be required under the provision of any Statue Law, Bylaw or Regulation, or otherwise, until the scaffolding is removed from site.
c) The Customer is responsible for ensuring that any electricity cables in the scope of the scaffold structure have been isolated or insulated to the satisfaction of National Power Networks before commencement of erection of scaffold.
d) If required, the Customer is responsible for any electrical earthing of scaffold structures, if the Company is required to provide electrical earthing of scaffold structures this expense will be added to the price payable by the Customer.

4. Health & Safety, Equipment
a) It is the responsibility of the Customer to ensure the safety of scaffold equipment and prevent unauthorised/public access.
b) The Customer will be responsible for any loss or damage caused to the Company’s equipment/vehicles through the Customers negligence whilst on site.
c) The Customer will not attach sheeting or other fixings to the scaffold nor cut remove amend of interfere in any way with such scaffold once erected.
d) Prior to commencement of scaffolding works on site, the Customer is to provide the Company with Risk Assessments / Method statements for equipment to be used by the Customer that may a pose risk to the safety of the Company’s personnel including cranes working overhead. The Company reserves the right to withdraw personnel from site if safety issues are identified, this will incur additional costs to the Customer.
e) The Customer will ensure all scaffold equipment is kept clean and free from contamination/debris whilst on site. The Company reserves the right to refuse to alter/dismantle or collect contaminated scaffold equipment. Please also refer to 2. Acceptance and Confirmation.
f) Where restraint anchors are installed, and the Customer requires evidence of pull testing this will incur additional cost to the Customer. Please also refer to 2. Acceptance and Confirmation.
g) The Company will not provide gin wheels, rope or inertia blocks as a hire item. These are offered only as a sale item, a test certificate will be supplied by the Company at the point of sale, ongoing inspection will be the responsibility of the Customer.

5. Handing Over / Inspections
a) The Company will ensure at the time of construction that the scaffold structure is safely and adequately constructed for the purposes requested by the Customer.
b) On completion of the erection of scaffolding the Company shall issue the Customer a Handing Over certificate. If the Customer is not on site at the time the scaffold is completed, it will be the responsibility of the Customer to ensure the scaffold has been checked as safe for use.
c) Following handover of scaffold, the Company will carry out chargeable statutory weekly (7 day) inspections of scaffold structures.
.......• During the weekly inspection if any scaffolding or equipment is deemed as unsafe due unauthorised changes/alternations by the Customer or any third parties, this will incur an over/ above cost to the Customer to make the scaffolding safe again.
.......• If the Company cannot gain access to site to carry out an inspection the Customer will hold total responsibility for the safety of the scaffold and the inspection charge will still apply. If an inspection is required prior to the next scheduled weekly inspection an additional charge will also apply.
d) if the Customer has confirmed in writing they do not require the Company to carry out weekly inspections: The Customer has responsibility to maintain a safe working scaffold and to ensure the scaffolding has been inspected in line with HSE guidelines as follows:
.......• following installation / before first use
.......• at an interval of no more than every 7 days thereafter
.......• following any circumstances liable to jeopardise the safety of the installation e.g. high winds.
All scaffolding inspection should be carried out by a competent person whose combination of knowledge, training and experience is appropriate for the type and complexity of the scaffold.

6. Payment Terms & Conditions
a) Payment must be made within 30 days of the date of the Company’s invoice or in accordance with any written credit terms agreed between the Customer and the Company prior to the commencement of works.
b) VAT is applicable at the standard UK rate. (The Customer is required to provide a HMRC VAT Notice 708 Section 17 for any zero rated or reduced-rated building works prior to commencement of works).
c) The Customer must pay the Company for any additional services provided which are not specified in the estimate either for variations requested by the Customer or for any additional work which was not anticipated at the time the estimate was issued. See also Section 2 Acceptance & Confirmation.
d) If the Customer does not pay within the period set out above, the Company reserves the right to suspend any further provision of the services, cancel any future services which have been ordered by or otherwise arranged by the Customer and remove any scaffold from site.
e) Interest will be payable at such rate as is currently applicable under the Late Payment of Commercial Debts (Interest) Act 1998, in respect of all or any invoices rendered by the Owner which remain unpaid 30 days after the date of invoice or in accordance with written credit terms agreed between the Customer and the Company prior to the commencement of works , together with the fixed sums allowed under The Late Payment of Commercial Debts Regulations 2002 whether the Customer is a business or not and the said interest will be payable both after as well as before any Judgement.

7. Liability & Indemnity
a) Neither the Company or its Personnel will be under any liability in respect of any loss, damage or injury to any persons or property however caused and whether arising directly or indirectly from the erection, use or dismantling of the scaffolding equipment other than loss, damage or injury proved to have been due to negligence by the Company’s Personnel.
b) The Company will not be responsible for any loss, damage, or injury to persons or property arising from the misuse, improper operation or use of any scaffolding equipment for purposes other than those specified in the Estimate.
c) The Customer is to provide a firm and level base for scaffold that will not settle or deflect under the imposed load of the scaffold or any loads applied thereon and to extend at least 1.5m past the building/structure.
d) The Customer will take steps to ensure the health, safety and welfare of the Company’s personnel whilst on property owned or managed by the Customer.
e) Unless prior written agreement is in place, it is the Customer’s responsibility to remove satellite dishes or any such like object before commencement of erection of scaffolding works and replace once all works completed, should the Customer choose not to carry out the appropriate procedure the Company cannot accept any claim arising for damage to such items.
f) The Customer is to ensure that any roof where applicable where scaffolding is to be erected will safely support the load imposed by the Company’s scaffold. Although the Company will take every possible care in such scaffolding erection, the Company cannot accept responsibility for damage caused by or arising out of working off any such roof.
g) Although every possible care will be taken in carrying out the work, the Company cannot accept responsibility for any damage occurring to brickwork on removal of (supporting transoms).

The Customer shall indemnify the Company against claims under a), b), c), d),e),f), and g) above and all costs and expenses of and incidental to such claims.

This agreement does not confer any rights to any persons who are not parties these General Terms and Conditions.

Dated 26/09/2019