TERMS & CONDITIONS
QM SCAFFOLDING | CONDITIONS OF CONTRACT - 2017
- This quotation is open for acceptance within three months of the date thereof and is subject to QM SCAFFOLDING having labour and materials available and receiving reasonable notice to commence the work within six months after receipt of the Hirers' order.
- QM SCAFFOLDING will exercise all the reasonable care to ensure the structure is soundly and adequately constructed for the purpose requested by the Hirers and that when constructed it will comply with all current statutory Regulations applicable. QM SCAFFOLDING undertake to remedy at their own expense any defects drawn to their attention in willing which have arisen from faulty erection by QM SCAFFOLDING or the use of defective equipment by QM SCAFFOLDING. Any other defects drawn to the attention of QM SCAFFOLDING in writing will be remedied by QM SCAFFOLDING at the Hirers' expense. The Hirers shall comply with and use their best endeavours to cause their employees and other subcontractors and their employees to comply with the safety clauses set out overleaf and all other provisions which are to be observed by the Hirers or other subcontractors in any statutory safely Regulations. The Hirers will indemnity QM SCAFFOLDING against claims and proceedings and costs and expenses in connection therewith in respect of any injury or death of any person or damage to any property or any loss or damage caused by or arising out of the use or misuse of the equipment by any person other than QM SCAFFOLDING or their employees or arising out of this contract. The Hirers acknowledge that adequate information about the use and safety of the equipment is available.
- Any additions, alterations, adaptations or variations required, to the structure will be carried out by QM SCAFFOLDING on receipt of written instructions from the Hirers and at the Hirers' expense. Separate quotations will be submitted for all such work, and such quotations will be deemed to be accepted by the Hirers unless queried in writing within 38 days from the date of quotation. The Hirers undertake not to carry out or cause or permit to be carried out any alteration, adaptation, variation or addition to the structure or to interfere with it in any way except as provided for in this quotation.
- Only minor alterations to existing structures required by the Hirers will be carried out at the minor alteration rate shown overleaf plus expenses. Where any work is carried out at such rate, the total number of hours booked, as shown on QM SCAFFOLDING's daily time sheets will be chargeable at the rate shown in this quotation.
- Unless otherwise provided in these Conditions QM SCAFFOLDING will indemnify the Hirers against all sums for which the Hirers shall become liable as and for compensation for bodily injury or death of any person or damage to any property caused by the negligence of QM SCAFFOLDING in erecting or dismantling the equipment or by the use of defective equipment by QM SCAFFOLDING. Provided that QM SCAFFOLDING shall be entitled to conduct in the name of the Hirers and control all claims or proceedings relating such injury, death or damage and the Hirers shall notify QM SCAFFOLDING in writing within seven days of the same happening. QM SCAFFOLDING has affected and undertakes to keep in force at all material times policies of insurance in respect of their liabilities under this clause.
- QM SCAFFOLDING will not be liable to the Hirers for damage to roofs, glass or external cladding caused by or arising out of their work and the Hirers shall indemnify QM SCAFFOLDING against all claims and proceedings and costs and expenses in connection therewith in respect of such damage unless such damage is proved to be due to negligence on the part of QM SCAFFOLDING, their servants or agents.
- Any rights which the Hirers' Employer might otherwise possess under the terms of any contract between the Hirers and such Employer over temporary buildings, plant, tools, equipment, goods and materials on site shall not extend to affect the ownership of any items provided by QM SCAFFOLDING in carrying out the work, which items shall remain the unencumbered property of QM SCAFFOLDING at all times. In the event of default in payment by the Hirers they shall, so far as they lawfully can, assist QM SCAFFOLDING to resume possession of QM SCAFFOLDING's property.
- Receipts for all equipment delivered to and taken from the site shall be issued in the usual manner. In the absence of the Hirers' representative QM SCAFFOLDING’s: records shall be forwarded to and deemed to be accepted by the Hirers. The Hirers shall be responsible for and make good to QM SCAFFOLDING any loss of or damage to QM SCAFFOLDING’s equipment whilst on the site unless caused by the negligence or wilful act or default of QM SCAFFOLDING or their employees. The Hirers shall pay in respect of any loss for which they are so responsible the current sale value and in respect of any damage for which they are so responsible the cost of repair.
- Unless otherwise stated overleaf, this quotation allows for the work to be executed during the normal working hours of QM SCAFFOLDING from time to time and is based upon the current rates of wages and other emoluments and expenses payable by QM SCAFFOLDING to or in respect of workpeople engaged upon or in connection with the work together with the current prices of materials and transport charges ruling at the date of the quotation. Increases or decreases in these rates, prices or charges for executing the work which are consequent upon any change in any rates. Prices or charges or upon any change in or imposition of any new Governmental taxes, levies or contributions in connection with the work shall be an addition to or deduction from the price quoted.
- The Hirers shall be responsible for obtaining and thereafter during the currency of the work maintaining all consents, licences or permits required in connection with the work under any Statute. Bylaw or Regulation from time to lime in force affecting the carrying out of the work, or from any third party, and shall produce to QM SCAFFOLDING particulars of all such consents, licences or permits before the commencement of the work. QM SCAFFOLDING reserves the right to revise their quotation if such consents, licences or permits impose conditions which involve additional expense to QM SCAFFOLDING. The Hirers shall be responsible for supplying, fixing and maintaining any warning lamps and warning notices that may be required under the provisions of any Statute, Bylaw or Regulation, or otherwise, during the period of the hire.
- If progress on or completion of the work speciﬁed in this quotation is delayed for any reason beyond the control of QM SCAFFOLDING a fair and reasonable extension of time for executing or completing the work shall be granted to QM SCAFFOLDING. It shall be a condition precedent to the consideration of any claim by the Hirers for delay and to the liability of QM SCAFFOLDING for delay that written details of any delay are sent to QM SCAFFOLDING within seven days of the delay commencing.
- Payments shall be made in accordance with the terms of payment shown overleaf. QM SCAFFOLDING reserve the right in the event of a breach of this Condition by the Hirers to stop work on the site and to remove their equipment alter seven days’ notice without prejudice to any other legal rights they may have.
- The Hirers will provide without charge to QM SCAFFOLDING all facilities required for their own and QM SCAFFOLDING's employees under the Construction (Health and Warfare) Regulation 1966 as amended or any statutory modification or replacement thereof for the time being in force.
- Unless stated otherwise; prices and rates shown in QM SCAFFOLDING's literature, correspondence, quotations, contracts, invoices and certificates are exclusive of Value Added Tax which will be payable to QM SCAFFOLDING as an addition to such tax exclusive prices and rates at the rate or rates prevailing from time to time and QM SCAFFOLDING shall be entitled to adjust the rate and amount of Value Added Tax retrospectively or otherwise to comply with any rulings made by H.M. Customs and Excise affecting any goods or services sold, hired or provided by QM SCAFFOLDING.
We are committed to delivering a quality service and guarantee that you will not be disappointed with our professional scaffolding services and solutions.