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14 Petty Char Court. Coneyhurst Road

Billingshurst

West Sussex. RH14 9FG

United Kingdom

email: enquiries@upanddownscaffolding.ltd.uk

Office: ‭01403 733055

Terms and conditions

Right of Inspection

UP & DOWN SCAFFOLDING is entitled without being under any

obligation so to do to observe test and adjust any of the equipment and

the hirer shall allow or procure reasonable access and facilities for the

purpose.

Insurance

The hirer shall effect and keep in force at all material times policies of

insurance adequate to cover the liabilities of UP & DOWN SCAFFOLDING

under conditions of Liability and Indemnity of these terms and

conditions.

Ownership of Plant and Equipment

Any rights which the hirer’s employers might otherwise posses under the

terms of any contract between the hirer and such employers over

temporary buildings, plant, tools, equipment, goods and materials on site

shall not extend to any items provided by UP & DOWN SCAFFOLDING

in carrying out the work, which items shall remain the unencumbered

property of UP & DOWN SCAFFOLDING at all times. In the event of

termination of the contract including default in payment by the hirer the

latter shall, so far as he lawfully can, assist UP & DOWN SCAFFOLDING

to resume possessing of such property.

Liability and Indemnity

a Neither UP & DOWN SCAFFOLDING , its servants or agents shall

be under any liability for or in respect of any loss, damage or injury to

persons of property howsoever caused and whether arising directly or

indirectly from the erection, use or dismantling of the equipment other

than loss damage or injury proved to have been due to the negligence of

UP & DOWN SCAFFOLDING , its servants or agents

b UP & DOWN SCAFFOLDING shall not in any circumstances be

liable for claims in respect of loss or profit, special damage or

consequential loss howsoever.

c UP & DOWN SCAFFOLDING shall not be responsible for any loss

or damage or injury to persons or property howsoever caused arising

from the misuse, improper operation or use of the equipment for purposes

other than those specified in the Quotation.

d The hirer shall indemnify UP & DOWN SCAFFOLDING against

claims (a) (b) and (c) above and all costs and expenses of and incidental

to such claims.

Notices of Plant movement

On notification by the hirer that shifting or collection of the equipment

is required the hirer undertakes to have such equipment readily available

and the termination of the hire period shall be dependent on such

notification and availability. If the dates of the shifts or other movements

of the equipment are not specified at the time of placing the order 48

hours notice to effect such movements is required. Confirmation of this

notice is required in writing.

Loss or Damage to the Equipment

The hirer shall be responsible for the safe keeping and proper use of the

equipment and shall bear the cost of replacing or repairing any part thereof

which may be lost, stolen or damaged by any cause or wilful default fair

wear and tear and the proved negligence of UP & DOWN SCAFFOLDING

, its servants or agents alone excepted). All equipment supplied on

hire shall remain the property of UP & DOWN SCAFFOLDING and

the hirer shall in request promptly inform UP & DOWN SCAFFOLDING

of the whereabouts of the equipment and any change in the hirer’s address.

Any charge by UP & DOWN SCAFFOLDING in respect of failure to

return equipment shall not operate to pass any title in the equipment and

in the event of the whereabouts of the said equipment being ascertained

all steps necessary to affect the return of the equipment to UP & DOWN

SCAFFOLDING shall be undertaken without delay.

Damage to Surfaces

Notwithstanding the provisions of conditions Liability and Indemnity (a)

where the erection or dismantling of the scaffolding equipment involves

work on or adjacent to roofs or other fragile surfaces of any premises in

respect of which the equipment is required . UP & DOWN

SCAFFOLDING shall not be liable for any damage caused to such roofs

or surfaces where such damage is inevitable if the work is to be carried

out in accordance with the specifications, provided nevertheless that UP

& DOWN SCAFFOLDING shall use their best endeavours to minimise

the extent of any such damage. Subject as aforesaid UP & DOWN

SCAFFOLDING shall be responsible for injury or damage to the said

premises only where such injury or damage can be shown to have been

caused by any negligence or wilful act or default on the part on UP &

DOWN SCAFFOLDING , their servants or subcontractors or other

persons for whom UP & DOWN SCAFFOLDING are responsible, and

the liability of UP & DOWN SCAFFOLDING in any such case shall

be limited to the cost re replacement of any item so injured or damaged,

provided always that in any such case UP & DOWN SCAFFOLDING

shall be notified within seven days of the occurrence of the injury or

damage and shall be allowed to inspect the same and if thought fir

themselves to arrange for its repair or making good.

Hirer’s Orders and Instructions

Any order or instructions required to be given to UP & DOWN

SCAFFOLDING or our duly authorised agents shall be given in writing

or given orally shall be confirmed in writing to UP & DOWN

SCAFFOLDING within 7 days. UP & DOWN SCAFFOLDING shall

not be liable for the consequences of any inaccuracies or misunderstandings

which might result from any order or instruction by the hirer not

having been given in writing.

Terms of Payment

Net 21 Days maximum. (Cash with order or three references: Two trade

and Bank)

Conditions

The above conditions shall apply to the exclusion of any conditions of

the hirer to all business transacted by UP & DOWN SCAFFOLDING .

The above terms and conditions are intended to apply to

business transactions and shall not in any way prejudice the

statutory rights of a consumer who shall be bound by these

terms and conditions only in so far as they are consistent with

such statutory rights

Price variation

Unless otherwise stated the Contract Price shall both before and after

acceptance of any order be subject to variation as follows:

1 If after the date of the quotation there shall be any increase or decrease

in the costs ruling at that date for any materials or transport including

in the quotation the amount of any resultant increase or decrease of cost

in carrying out the work shall be added to or deducted from the Contract

Price as the case may be.

2 If after the date of the quotation there shall be any increase or decrease

in:

a) the rates of wages and other emoluments and expenses (including

holiday credits) which are payable at the date to work-people engaged

in any type of work covered by the quotation in accordance with any

rules, decisions or agreements of any appropriate wage fixing body or

b) the rates of employers contributions which are payable at that date

under the National Insurance Acts then, whether such costs are included

in the cost accounts of UP & DOWN SCAFFOLDING or its

subcontractors as direct costs or on-costs, the amount of any resultant

increase or decrease in the cost to UP & DOWN SCAFFOLDING of

carrying out or procuring the relevant work or services (including any

consequential increase or decrease in the cost of Employers or Public

Liability Insurance) shall be added to or educated from the Contract

Price as the case may be.

3 If UP & DOWN SCAFFOLDING incurs any increase in cost as a

result of being in any way hindered, prevented or delayed in carrying

out our obligations hereunder by reason of strikes or picketing (other

than strikes or picketing by our own employees or those of our

subcontractors) then the amount of such increase in cost shall be added

to the Contract price.

Default

a If any amount payable by the hirer is in arrears for 48 hours after

demand or the hirer shall fail to perform or observe any other term or

condition of the Contract UP & DOWN SCAFFOLDING may determine

the Contract by serving notice on the hirer and on receipt thereof the

hirer shall no longer be in possession of the equipment with UP &

DOWN SCAFFOLDING consent.

b If the hirer shall commit an Act of Bankruptcy or have a Receiving

Order made against it or shall make any arrangements with its creditors

or being a company go into Compulsory or Voluntary Liquidation

(except for the purpose of amalgamation or reconstruction) or if any

distress or execution shall be levied or threatened upon any or the hirer’s

property or if any judgment against the hirer shall be unsatisfied for

more that 14 days abandon the goods then the Contract shall

automatically and with notice end and the hirer shall cease to be in

possession of the equipment with the consent of UP & DOWN

SCAFFOLDING .

Termination

Where the hirer has a Contract with a Third Party for work on which

UP & DOWN SCAFFOLDING ’s equipment is employed and such

contract is terminated. UP & DOWN SCAFFOLDING may upon

request in writing being made by such third party with seven days after

the date of such termination and upon the said Third Party undertaking

to pay all hire charges in respect of the equipment as from the last

mentioned date, hire the equipment to the Third Party for the remainder

of the period during which the same was to be hired to the hirer upon

the same terms and in all respects as are contained in this Contract and

the Employer shall in such cased be entitled to permit the use of the

equipment for the specified in the quotation by any other contractor

employed by him.

Basis of Charging

The hirer will pay the charge stated in the Contract. Hire Charges will

commence from the time stated in the Contract and will continue during

the period of hire until the equipment is restored to UP & DOWN

SCAFFOLDING in a clean and serviceable condition against UP &

DOWN SCAFFOLDING receipt. All time is chargeable, including

Saturday, Sunday, Bank holidays, etc. All charges are payable on

demand. If payment is not made on due date UP & DOWN

SCAFFOLDING shall be entitled to interest on the amount that is

overdue at the contemporary base rate of the National Westminster Bank

plc plus 4% calculated on a day to day basis. This shall be without

prejudice to any other rights or demands of UP & DOWN SCAFFOLDING

. Any legal charges incurred in the recovery of money or equipment

will be paid by the hirer.

Delays

If the carrying out of any work by UP & DOWN SCAFFOLDING be

delayed:

1 by reason of inclement weather or

2 by reason of loss or damage by fire or

3 by reason of civil commotion local combination of workmen strike

lock-out picketing or

4 by delay on the part of other contractors or tradesmen engaged by

the hirer in executing work not forming part of the contract or

5 by shortage of labour and materials required for the carrying out of

the works or

6 by any other cause (whether or not similar to the foregoing) beyond

the reasonable control of UP & DOWN SCAFFOLDING then UP &

DOWN SCAFFOLDING shall be given fair and reasonable extension

of time for executing and completing the work. It shall be a condition

precedent to the consideration of any claim by the hirers against UP &

DOWN SCAFFOLDING in respect of delay and to the liability of UP

& DOWN SCAFFOLDING for such delay that written details of the

alleged delay be sent to UP & DOWN SCAFFOLDING within seven

days of the occurrence thereof. If the delivery at the hirer’s request or

owing to circumstances at the site which are beyond UP & DOWN

SCAFFOLDING ’s control. UP & DOWN SCAFFOLDING shall be

entitled to deliver invoices and receive payments in respect of the hire

of the equipment so delayed.

Safety

a Compliance with regulations

On handing over three equipment to the hire after initial erection by UP

& DOWN SCAFFOLDING or after shifting by UP & DOWN

SCAFFOLDING will ensure that it is in a serviceable condition and

complies with the appropriate regulations.

The hirer shall comply with and shall require his employees and other

sub-contractors and their employees to comply with the conditions

regarding safety as set out in the Quotation and all other provisions as to

safety which are to be observed by the hirer or other user under any

applicable regulations.

In cases where shifting of the equipment is carried out by the hirer. he

shall assume full responsibility for the inspection and safety of the

equipment thereafter.

b Good and Clear Access

The hirer shall ensure that good and clear access to the site and to the point

of erection will be made available to UP & DOWN SCAFFOLDING at

all times and such access will be suitable for vehicles of a type appropriate

to any loads which are to be delivered to the site.

c Securing of Equipment

It is the responsibility of the hirer to secure the scaffolding equipment

when it is not in use. The hirer will be responsible for gale or other damage

both to the equipment and to the structure to which it is attached or

otherwise arising.

d Inspection

UP & DOWN SCAFFOLDING cannot undertake to carry out the statutory

inspection of the equipment or to sign the Register of Scaffold Inspection

(Form F.91 part 1 Section A) Under the regulations these matters are the

responsibility of the employers of the labour using the equipment. UP &

DOWN SCAFFOLDING is prepared on request to carry out weekly

inspection and provide a written report on the safety of the equipment at

the time of inspection.

Asbestos

Where any material supplied is used in hazardous operations including the

removal of asbestos insulation or coating the materials must be properly

decontaminated. Unless proof of decontamination is provided UP &

DOWN SCAFFOLDING reserves the right to refuse to accept material

on return.

Unless UP & DOWN SCAFFOLDING is notified of the presence of

asbestos or other hazardous materials the following conditions may apply:

a Main Contractor/Asbestos removal contractor to be responsible for

providing free of charge all necessary protective clothing, masks and

facilities, etc, plus any medical expenses required for our operatives.

b Our price does not include for work in protective clothing unless stated.

c Main Contractor/Asbestos removal contractor to be responsible for

ensuring that the UP & DOWN SCAFFOLDING materials are

decontaminated at all times before handling by our operatives.

d Main Contractor/Asbestos removal contractor to issue before final

clearance of all material a certificate stating that these materials are clear

of contamination.

e All scaffolding boards which are contaminated by Asbestos will be a

sale item for disposal by Main Contractor on completion of works.

Compliance with Regulations

a The hirer shall be responsible for obtaining and thereafter during the

currency of the work maintaining all consents, licenses or permits required

in connection with the work under Statute-Bye-Law or Regulation from

time to time in force affecting the carrying out of the work or from any

third party and shall on request produce particulars of all such consents,

licenses or permits to UP & DOWN SCAFFOLDING before commencement

of the work by UP & DOWN SCAFFOLDING .

b The hirer shall be responsible for giving notice to the District Surveyor

and other appropriate Authority.

c The hirer shall be responsible for supplying, fixing and maintaining any

warning lamps and warning notices that may be required for reasons of

safety or under the provision of any Statue-Bye-Law or Regulation or

otherwise during the period of the hire.

d Without prejudice to the rights of UP & DOWN SCAFFOLDING under

any other condition herein stated the hirer shall indemnify UP & DOWN

SCAFFOLDING respect of any loss, claim or expense incurred by UP &

DOWN SCAFFOLDING due to any failure on the part of the hirer to

fulfil his obligations under this condition.

e If compliance by the hirer with the terms of any consent, licence or

permit referred to in sub-paragraph (a) of this condition involves UP &

DOWN SCAFFOLDING in additional expenses beyond that which could

reasonably have been foreseen at the at of the quotation the amount of any

such additional expense shall be added to the Contract Price.

Forbearance

No relaxation forbearance delay or indulgence by UP & DOWN

SCAFFOLDING in enforcing any of the terms and conditions of contract

or the granting time by UP & DOWN SCAFFOLDING to the hirer shall

prejudice affect or restrict UP & DOWN SCAFFOLDING rights and

powers thereunto nor shall any waiver of a breach operate as a waiver of

any subsequent or continuing breach thereof.

General Conditions of Contract for Erection

Hire and Dismantle of Scaffolding equipment.

UP & DOWN

SCAFFOLDING LTD