Churston Scaffolding Terms and Conditions of trading.
These terms and conditions shall be read as a whole and shall contain the entire agreement between you and Churston Scaffolding. If there is any discrepancy between the terms and conditions and your quotation, these terms and conditions shall apply.
1. Churston Scaffolding’s Obligations
1.1 Churston Scaffolding shall carry out and complete the works and any variations to the works agreed to be provided in accordance with Clause 4 of these terms and conditions.
1.2 This agreement shall be deemed to have commenced with effect from the date upon which Churston Scaffolding commence erection of the scaffolding (the “Commencement Date”).
1.3 In carrying out the works, Churston Scaffolding shall exercise and will continue to exercise reasonable skill and care and shall comply with all current relevant laws applicable to the works in England and Wales.
1.4 Unless specific programme requirements are set out in the attached quotation or are agreed in relation to the variations in accordance with Clause 4, Churston Scaffolding shall carry out the works and any additional works in a reasonable time.
2. Hire Period
The period of hire commences on the date set out in Churston Scaffolding’s handover certificate and terminates on your written instructions to dismantle. Prices in the quotation include for the Minimum Period of Hire. If you instruct Churston Scaffolding to dismantle scaffold prior to or on the expiration of the Minimum Period of Hire, you will be charged the full rate for the Minimum Period of Hire. If you do not instruct Churston Scaffolding to dismantle scaffold until after the expiration of the Minimum Period of Hire, additional hire will be charged at the weekly extra hire rates for each week or part thereof.
3. Your Obligations
3.1 Unless otherwise agreed with Churston Scaffolding, you shall provide Churston Scaffolding with a minimum of two weeks’ written notice to commence prior to the Commencement Date.
3.2 You shall appoint an individual, whose name and contact details shall be notified in writing to Churston Scaffolding prior to the erection of the scaffolding, to act on your behalf for the purposes of this agreement, provided such individual has such authority to act on your behalf. You may appoint a replacement representative who also has authority to act on your behalf by notice in writing to Churston Scaffolding.
3.3 Prior to the Commencement Date you shall obtain all relevant licences and/or permits and/or permissions (“Licences”) (including from any adjoining property) to enable Churston Scaffolding to carry out the works. Churston Scaffolding reserves the right to revise its quotation if any such Licences impose conditions which involve additional expense to Churston Scaffolding. If any such Licences are not obtained Churston Scaffolding reserves the right to reject the Works. In the event that there are any Licences that are only obtainable by Churston Scaffolding you shall be responsible for the cost incurred by Churston Scaffolding in obtaining the same and shall allow Churston Scaffolding a reasonable extension of time for any delay in Churston Scaffolding obtaining these for reasons outside its control.
3.4 Churston Scaffolding shall have no liability for any interference whatsoever caused by the works to neighbouring properties. You shall indemnify Churston Scaffolding against any claims which may be made by third parties against Churston Scaffolding in this regard and any costs and expenses incurred by Churston Scaffolding in dealing with such claims.
3.5 You shall supply to Churston Scaffolding all information and documentation which is relevant to the Works sufficiently in advance of when Churston Scaffolding reasonably requires such information and documentation to enable Churston Scaffolding to fulfil its obligations under this agreement.
3.6 You shall provide Churston Scaffolding with adequate access to carry out any survey and/or inspection necessary to understand the information provided under Clause 3.3. Any such survey and/or inspection carried out by Churston Scaffolding shall be for information purposes only and shall not reduce your liability for the accuracy of information provided to Churston Scaffolding in any way. If there is any inaccuracy in such information, Churston Scaffolding shall be entitled (at its option) to amend its quotation to take account of it.
3.7 Churston Scaffolding shall be entitled to rely upon and shall carry out the works using only the information provided by you pursuant to Clauses 3.5 and 3.6. Churston Scaffolding shall have no obligation to check the accuracy of that information and shall have no liability for any losses suffered by you due to errors and/or omissions in any information provided by you.
3.8 You shall be responsible for the maintenance of the works but ownership of all temporary works, equipment, plant, tools, goods and materials used in the Works and brought on to the site by Churston Scaffolding (the “Equipment”) shall remain with Churston Scaffolding. You shall not alter, dismantle or remove the Works or any part of them at any time without Churston Scaffolding’s written consent and you shall be liable for any loss or damage caused to the Equipment in so doing.
3.9 If by reason of your breach of any of these terms and conditions Churston Scaffolding is unable to dismantle or remove the Equipment you shall continue to be liable for hire and extra charges at the agreed rate during the period of the delay so caused without prejudice to any other claim which Churston Scaffolding may have against you.
3.10 Churston Scaffolding accept no liability for damage to any structures, floors, hidden telephone wires, plants etc., on Site sustained when erecting or dismantling the Works or arising as a result of fixing or use of hilti ties or other anchorages unless caused by the negligence of Churston Scaffolding. You will be responsible for making good any such damage.
3.11 You shall provide Churston Scaffolding with a minimum of 48 hours written notice to dismantle the scaffold.
3.12 You shall give your decisions on all matters referred to you by Churston Scaffolding in a timely manner and in any event within 7 days.
4. Variations, Omissions and Additional Charges
4.1 You may issue reasonable instructions to Churston Scaffolding to vary or modify the Works by addition, omission or substitution or any other matter which may affect the carrying out of the Works.
4.2 Instructions issued in accordance with clause 4.1 shall be issued in writing and shall only be effective if agreed by us. If in an emergency, Churston Scaffolding proceed to carry out your verbal instruction, it shall be deemed to have been properly instructed and agreed.
4.3 Within 7 days of receipt of your instruction Churston Scaffolding may at their discretion (and whether or not the instruction has been carried out) send to you a quotation comprising: the cost of complying with the instruction; and details of any costs, losses or expenses likely to be incurred by Churston Scaffolding in complying with the instruction.
4.4 You shall confirm acceptance of such quotation in writing within seven days of receipt and the Price shall be adjusted accordingly. If you fail to reply to such quotation, it will be deemed to have been accepted by you. If you respond to the quotation but the parties cannot agree the adjustment to the Price, or Churston Scaffolding have not submitted a quotation, the Price shall be adjusted by fair and reasonable amounts including preliminaries, profit and overheads provided that the Price shall never be less than the full rate for the Minimum Period of Hire as set out in the Quotation.
4.5 When a variation is instructed and Churston Scaffolding’s operatives are not on Site, you will be charged for a full day’s work for Churston Scaffolding’s operatives (i.e. the hours of at least 8am to 4.30pm) whether or not that operative has been engaged for a full day in carrying out the work. Where such work is not available, you will be charged the shortfall by way of daywork at the rate stated in the Quotation.
4.6 If at any time after the expiry of the minimum period of hire the scaffold structure is partially dismantled the weekly hire charge may be reduced at Churston Scaffolding’s discretion pro rata according to the amount of tubular materials, scaffold boards, and other equipment which shall remain standing from time to time. There will be no reduction in the event of partial or full dismantling during the minimum period of hire.
4.7 Where an omission is instructed by you, you will be refunded for the omitted labour by Churston Scaffolding’s operatives but not for the Equipment provided.
4.8 Normal working hours are 8am to 4.30pm Monday to Thursday and 8am to 3.30pm on Friday. Where you require the Works to be carried out outside of these hours Churston Scaffolding will charge non-productive overtime at the rate stated in the Quotation.
4.9 Where you require Works to be carried out by Churston Scaffolding over a time period greater than 12 months Churston Scaffolding may increase the Price.
Churston Scaffolding shall maintain public liability insurance with a limit of indemnity of not less than five million pounds (£5,000,000) in the aggregate and employers liability insurance with a limit of indemnity of not less than ten million pounds (£10,000,000) in the aggregate for any one policy year from the Commencement Date until the date of completion of the Works provided always that such insurance is generally available in the market at commercially reasonable rates.
6. Assignment and Novation
Neither you nor Churston Scaffolding may without the prior written approval of the other assign or otherwise transfer this agreement or all or any of either your or Churston Scaffolding’s rights or obligations arising under or out of this agreement. Such consent not to be unreasonably withheld or delayed.
7.1 You shall pay to Churston Scaffolding in consideration for the Works the Price which includes any adjustments that may be agreed in accordance with Clause 4.
7.2 If you are a new customer Churston Scaffolding shall submit an application or invoice addressed to you before commencement of the Works for the full Price and payment shall become due on the date of such application or invoice. The final date for payment of the application or invoice shall be 24 hours /one day prior to the Commencement Date.
7.3 If you are an existing customer Churston Scaffolding shall submit applications or invoices addressed to you at the intervals stated in the Quotation and payment shall become due on the date of such application or invoice. The final date for payment of any application or invoice shall be 30 days from the due payment date.
7.4 If you intend to withhold payment from any sum due under this agreement, you shall no later than 14 days before the final date for payment give to Churston Scaffolding a notice of intention to withhold payment specifying the amount of any payment to be withheld, the ground(s) for withholding such payment and the amounts attributable to each ground where there is more than one.
7.5 Upon receipt of a valid VAT invoice or authenticated receipt, you shall pay to Churston Scaffolding the total amount of VAT (if any) properly chargeable by Churston Scaffolding on the supply to you of any goods or services under this agreement.
7.6 In the event of late payment, you shall pay interest on the outstanding sum at the rate of 8% above the base rate of the Bank of England current at the due date for payment calculated from the date the sum became overdue to the date payment is actually received.
In the event of you being in default of payment of any amounts due and payable under this agreement, Churston Scaffolding may suspend performance of all or part of the Works provided that at least 7 days’ written notice has been given to you stating the grounds for so doing and the Works affected. Churston Scaffolding shall resume performance of the Works so suspended on receipt of the outstanding amounts. Upon resumption, Churston Scaffolding shall be entitled to extra hire for the period of suspension and any additional costs reasonably incurred as a result of the suspension.
9.1 If you (including anyone for whom you are responsible or any third party) shall without reasonable cause:-
9.1.1 Wholly or substantially order the suspension of the Works for a period in excess of 5 days; or fail to proceed with any other works or co-ordinate other works so that the progress of the Works is materially adversely affected; or
9.1.2 commit a material breach, omission or default of any other term of this agreement Churston Scaffolding may issue a notice to you specifying the default and its reasonable requirements for remedying the default. If you have not remedied such default within 7 days of receipt of such notice Churston Scaffolding may issue a further notice terminating this agreement, such termination to be effective upon receipt by you of the second notice.
9.2 If either party is being or has been wound-up or declared insolvent or makes any arrangement with its creditors or has anyone appointed over its assets or some other analogous event the other party may at any time thereafter by written notice terminate this agreement. Such termination is to be effective upon receipt of such notice.
9.3 Upon termination of Churston Scaffolding’s engagement under this agreement, Churston Scaffolding shall be entitled to enter the Site and remove all Equipment.
9.4 Within 14 days of termination of this agreement you shall pay to Churston Scaffolding any unpaid balance for the value of the Work calculated up to the date of termination and any further sums to which Churston Scaffolding is entitled under this agreement.
9.5 These rights and remedies shall be in addition to any other rights, remedies, actions, claims or demands which Churston Scaffolding may have against you and shall not affect Churston Scaffolding’s right to recover any further sums due to it under this agreement or generally.
10.1 Any notice required to be given by either party in accordance with these terms and conditions shall be delivered personally or by recorded delivery. Service shall be effected on delivery.
10.2 Day to day correspondence and submission of invoices shall be effected by first class pre-paid post, by e mail or by hand.
11.1 No action or proceedings for any breach of this agreement whether in contract, negligence or otherwise shall be commenced by either party against the other after the expiry of six years from the Commencement Date.
11.2 Churston Scaffolding’s liability shall be limited to that proportion of any loss or damage suffered by you as it would be just and equitable for Churston Scaffolding to pay having regard to the extent of Churston Scaffolding’s responsibility for the same and on the basis that all other persons liable for the same damage shall be deemed to have paid to you such proportion as it would be just and equitable for them to pay having regard to the extent of their responsibility.
11.3 Provided that nothing in this clause shall operate to exclude or limit the liability of Churston Scaffolding in respect of death or personal injury caused by the negligence of Churston Scaffolding, Churston Scaffolding’s liability arising under or in connection with this agreement shall be limited to the maximum sum of one million pounds (£1,000,000).
12 Proper Law and Jurisdiction
This agreement shall be governed by English law, and each Party irrevocably submits to the jurisdiction of the English Courts.
13 Third Party Rights
This agreement is not intended to confer any rights on any third party pursuant to the Contracts (Rights of Third Parties) Act 1999.