Topscaff Ltd Terms and Conditions of Trade
Basis of this contract
1.1 This contract sets out the terms and conditions that apply when Topscaff Limited (“we”, “us” and “our”) supply you (“you” and “your”) with scaffolding services and equipment.
Using your information
2.1 You agree that we may obtain information about you to assess your credit worthiness, enforce any rights under this contract and market any of our scaffolding services to any other entity.
2.2 You agree that we may give that information to any person for the above purposes, but you may withdraw your consent at any time.
2.3 You may access any information that we hold about you and request us to correct any mistakes in it.
3.1 “scaffolding services” and “scaffolding equipment” means and includes the following: the hire, supply and installation of scaffolding equipment including shrink wrap; the hire, supply and installation of access ways, birdcages, custom encapsulation, stairs and stairway towers, shrink-wrapping, tube and clip and propping; all scaffolding services identified in any order form, supply request or in any invoice issued by us to you, which invoices are deemed to be incorporated into and form part of our contract; all inventory that is supplied by us to you.
4.1 The price of the scaffolding services is the cost, as agreed between you and us.
4.2 If no price is stated in writing or agreed to orally, the scaffolding services will be treated as supplied at the current market rate that we supply those scaffolding services at the time of the contract.
4.3 Please note scaffolding services are quoted for dismantle and erection in one continuous process. If alterations are required or variance from the quoted works occurs at a later stage, additional costs may be incurred. The alteration will be charged at an hourly rate per man/per hour if no additional materials are required; Or at our current scaffold supply & installation rate where additional components are required. Any additional transport costs will be payable by the customer.
4.4 Rental rates on the scaffold will be stated on the quotation, where no rental rate is quoted, the current market rate will apply. Where additional scaffold is installed or altered following the initial works, increased rental rates may apply to reflect the additional scaffold supplied.
4.4 The price may increase by the amount of any reasonable increase in the cost of supply of the scaffolding services that is beyond our control, between the date of the contract and the supply of the scaffolding services.
4.5 Contract price incudes only those items listed in the quotation or contract for a specific job, set out in the scope of works requests. Where additional items are required or variation occurs any associated costs are to be payable by the customer.
5.1 When we give a quotation for scaffolding services: unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue and the quotation shall be exclusive of Goods and Services tax unless specifically stated to the contrary; and we reserve the right to alter the quotation because of circumstances beyond our control.
5.2 Our scaffolding services are quoted for dismantle and erection in one continuous process. If staging occurs at a later date, additional costs may be incurred.
5.3 Where scaffolding services are required in addition to the original quotation, or variation occurs you agree to pay for the additional cost of such scaffolding services.
6.1 Payment for scaffolding services for cash sales customers shall be made: in full and within 7 days of the invoice due date; and interest may be charged on any amount you owe us after the due date at the rate of 2.5% per month or part month; and any costs, including debt collection and legal costs, which we may incur as a consequence of having to enforce any of our rights contained in this contract, shall be payable by you.
6.2 Payment for scaffolding services for trade customers operating a credit account shall be made: in full on or before the 20th day of the month following the date of the invoice (“the due date”); and interest may be charged on any amount you owe us after the due date at the rate of 2.5% per month or part month; and any costs, including debt collection and legal costs, which we may incur as a consequence of having to enforce any of our rights contained in this contract, shall be payable by you.
Delivery, availability and risk
7.1 We are responsible for the scaffolding equipment until it is delivered to you.
7.2 Delivery to you is complete when we give the scaffolding equipment directly to you, unload it on your site or give it to a transporter to deliver to you.
7.4 The time stated for delivery is an estimate and we are not responsible for any delay in the delivery of the scaffolding equipment.
7.5 We will ensure equipment is available upon acceptance of a quotation by the customer and within a timeframe agreed between Topscaff and the customer.
8.1 You agree and accept that: we retain our legal entitlement to all the scaffolding equipment supplied. Until the you have paid us in full for all amounts due with respect to the hire and/or leasing of scaffolding equipment for more than 12 months or for such period that may effectively be an accumulated period of more than 12 months, we retain a security interest in all scaffolding equipment supplied by us to you; and if you fail to pay us in full for any scaffolding equipment or scaffolding services supplied, we shall be entitled to lawfully repossess such scaffolding equipment; and for the purpose of repossessing scaffolding equipment you give us an irrevocable licence and authority (including as your agent) to enter at any time any premises or place where the scaffolding equipment is located and to remove any or all of the scaffolding equipment supplied by us; and you agree to indemnify us for any claims or losses caused or arising from our repossession of scaffolding equipment.
Limitation of liability
9.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on us, our liability shall, where it is allowed, be excluded or if not able to be excluded, only apply to the minimum extent required by the relevant statute.
9.2 Roofs. All care will be taken when working on, or building scaffold on or around roofs. However it is agreed that we are not responsible or liable for any loss or damage to roofs resulting from scaffolding services and scaffolding equipment provided by us.
9.3 Sites and gardens. Sites are required to be free of all practicable obstructions, rubbish and other obstacles for us to install scaffolding. We may be required to enter gardens and remove branches and other vegetation to install scaffold.
Hire of scaffolding equipment
10.1 It is agreed that when scaffolding equipment is hired from us: you will not part with possession of the scaffolding equipment and shall not sublet, or sell, or attempt to alter the scaffolding equipment in any way, or deal with the scaffolding equipment in any way that may be prejudicial to us; you will be liable for any damage to or loss of the scaffolding equipment hired however caused and in the event of any scaffolding equipment being damaged, lost or stolen you will pay to us the cost of making good the repair to the scaffolding equipment or the cost of replacing the scaffolding equipment, whichever is the lesser; you will on request inform us of the whereabouts of any scaffolding equipment and give us irrevocable licence and authority (including as your agent) to enter any premises for the purpose of inspecting, repairing, testing or removing any scaffolding equipment and further if you fail to pay any monies owing after the due date you agree we may exercise such licence or authority to enter any premises and take possession and remove the scaffolding equipment.
11.1 Please note that shrink wrap services involve a temporary fragile structure and you will be liable for the cost of any reinstallation required as a consequence of the shrink wrap failing for any reason e.g. weather, and further it is agreed by you that we are not liable for any loss or damage caused as a consequence of the shrink wrap failing for any reason e.g. loss or damage due to exposure or water damage. The shrink wrap will be supplied by the wrap providers under their standard terms and conditions of trade.
Engineering and inspections
12.1 If engineering or other inspections or reports are required in the course of the contract then these costs will be paid by the Client.
12.2 Scaffold inspections are to be payed by the client to ensure scaffold is safe to use, if scaffold is deemed unsafe to use the Tag will be removed. Any remedial work carried out at customers expense to return scaffold to a safe state, where we can reinstate the tag.
Training, Inductions, and supervised work
13.1 Where training or induction is required for Topscaff staff that is beyond the standard site-specific induction, the Customer will pay for the training/induction and pay the Company for the time (hours) spent attending training or induction by Company staff.
13.2 Any downtime incurred on site due to insufficient training or inductions prior to beginning a project will be payable by the customer. Any specific training, vetting, or inductions outside the standard will need to be arranged with enough time to complete the process prior to start date.
Hours of Work
14.1 All quoted works are to be carried out within our normal working hours, unless arranged prior and allowed for. Normal hours are 7.30am to 5pm, Monday to Friday, and Saturdays by arrangement. Any work during public holidays, nights or other such conditions will need to be declared in the scope of works during quotation stage.
15.1 We have the right by notice to suspend or cancel any part of any contract for the supply of scaffolding services to you if you fail to pay any money owing after the due date, this not affect our claim for money due at the time of cancellation or suspension