Atom Scaffolding Limited

ATOM Scaffolding Terms & Conditions

TERMS & CONDITIONS

ATOM SCAFFOLDING LTD – TERMS & CONDITIONS

1. PARTIES

This contract is made between ATOM Scaffolding and the company, person, corporation or public authority taking the owner’s scaffolding and or ancillary equipment.

2. EXCLUSION OF OTHER TERMS

All terms of the contract between the owner and the hirer are incorporated in this document and no other condition or warranty shall be implied or deemed to be incorporated. The hirer acknowledges that the hirer has not entered into this contract in reliance upon any representation made by the owner save insofar as the same is set out herein.

3. AGREEMENT FOR HIRE

The owner will let, and the hirer will take on hire the scaffolding referred to overleaf.

4. PERIOD OF HIRE

Hire period for all scaffolding supplied and erected is 7 weeks from date of scaffold completion (unless an alternative hire period has been specifically stated and agreed in your quotation). Once the 7 week hire period has expired, a charge for additional hire of the scaffolding will be applied.
Hire will be charged at 5% of the total price, per week, until we have received 5 clear days confirmation from the hirer that the scaffolding is no longer required and is ready to be dismantled.
The hirer may give the owner no less than five clear days notice requiring the owner to remove the scaffolding before the expiry of the minimum period of hire or extended hire period but in the event of such removal there shall be no reduction in the contract price or additional price.

5. PRICE

The contract price set out in the quotation is available for acceptance within 8 weeks of the date of such quotation.
Should the work require a professional design, this will be completed by our designer and paid for in advance, and prior to any quotation being carried out. Failure to make payment for the design process will result in any further work being cancelled, until such payment is made. On completion of the design, we will then be in a position to quote the work required.

The quotation is based on the measurements taken at survey by ATOM Scaffolding Ltd, any changes to the original quote will therefore be subject to a further inspection and measurement.
The quotation is based upon the assumption that work will be within normal working hours. Any work required outside of these hours will be additionally invoiced to the Hirer.
The contract price does not include ladders or lights unless expressly included. These will be at extra cost.
Unless expressly agreed in writing the contract price includes boarding to one lift only. Boarding to additional lifts will be charged as an alteration.
Unless expressly agreed in writing any alteration to the scaffolding carried out during the hire shall be charged by the owner at the owner’s day work rate from time to time prevailing together with expenses and shall be paid by the hirer.
The hire period stated in the quotation denotes the minimum length of the contract. There will be no refund for any remaining hire period.

6. TERMS OF PAYMENT

Invoice payable in full within 14 days of receipt of invoice. Note: No retentions or main contractors discounts are offered.

If credit is agreed, payment is to be received within 30 days of the invoice date for companies we have previously traded with and have account terms set up with. All scaffolds from new companies are payable before removal of scaffolding.

Payment terms from existing clients, subject to credit clearances, are strictly by the end of the following month of the date of which the invoice is issued, and we reserve the right to charge interest at the current rate on all overdue accounts. These terms are none negotiable and should any company acquire interest fee’s on any current job, all further requirements will only be carried out following a 50% down payment payable within 2 days of the job taking place.

Cancellation of jobs may be made by phoning our Office on 07931643313. We regret that non- notification of cancellation will incur a cancellation fee, for wasted man hours, travelling and time on site. Each fee will vary according to distance travelled and size of job / preparation.

7. DELIVERY ERECTION DISMANTLING LIABILITY FOR LOSS & DAMAGE TO SCAFFOLDING

The owner will be solely responsible for the delivery, erection and dismantling of the scaffolding.
The owner will obtain and renew all licences, permits and easements that may be required for the erection of the scaffolding.
We will ensure all necessary permissions have been obtained from the Local Authority that any necessary Notices have been submitted in accordance with regulations and that we have been informed of this in writing before commencement of any works. This includes any necessary road closure. These will be included in the quotation price.

We regretfully cannot accept responsibility for damage that may occur to cultivated areas, although every possible care will be taken.
The hirer shall not alter, remove or in any way interfere with nor cause or permit any alteration, removal or interference with the scaffolding erected by the owner. It is a criminal offence for an unqualified person to make any such changes, and / or for a person not insured under ATOM Scaffolding Limited to adapt the scaffolding in any way.
The hirer shall pay to the owner the full replacement cost of all scaffolding lost, stolen destroyed or otherwise missing during the hire or damaged during the period of hire (fair wear and tear expected).
Suitable access for our delivery transportation is required, enabling the material to be offloaded and reloaded within 10 meters of the scaffold site. If a greater distance is involved an additional charge may be made.
All scaffolds are erected and maintained to current Health and Safety legislation standards (e.g. from June 2013 it is to be TG21 compliant). We are committed to ensuring we remain up to date with current legislation and will provide scaffolds built to the highest quality standards.
Should it be a requirement, and at an additional cost to the hirer, all scaffolds will be Scaff Tagged and signed off by a qualified and competent member of staff. This will be maintained as appropriate during the period of hire, and at the cost agreed.
Please remove satellite dishes from buildings before we commence erection of the scaffold. It is your responsibility to replace it afterwards. If you do not remove it, we cannot accept responsibility for any damage.
Single scaffold boards used as sole boards/plates have been provided for. If this is not sufficient for the ground conditions you will be additionally invoiced.

8. EXCLUSION OF LIABILITY OF OWNER

The Owner shall not be liable for loss, damage, injury or delay due to any cause beyond his control including (without prejudice to the generality of the foregoing) acts of government, strikes, lockouts, fire, lightening, storm, tempest, aircraft, explosion, flooding, riots, civil commotion’s, acts of war, malicious mischief or theft.
Whilst the owner will take all reasonable care to avoid damage he shall not be liable for any damage caused during the erection; alteration or dismantling or scaffolding where such damage is caused to flat roofs, slates, tiles, asbestos sheets and other roofing materials nor to down pipes and guttering nor to any part of any building in tying in such scaffolding to provide lateral support.
The owner shall not be liable for any loss or damage howsoever caused if the scaffolding has been altered, moved or otherwise interfered with other than by the owner not if the hirer has failed to comply with the hirer’s obligations under this contract.
No liability shall attach to the owner either in contract or in tort for loss injury or damage sustained by reason of any defect in the scaffolding or in the erection or alteration thereof whether such defect be latent or apparent on examination.
All satellite dishes and aerials should be removed prior to erection of scaffolding. In the event of such being left in place ATOM Scaffolding accepts no liability for any damage or interference.
None of our materials are fire retardant unless specifically stated in the quotation.
There is no allowance for holidays during the hire period.

9. OBLIGATION OF HIRER

The hirer shall:

Ensure that all areas to be scaffolded are of sound construction and provide a sound base for such scaffolding.
Ensure that all overhead wires and cables are covered, insulated and made safe before the erection of scaffolding arid in default shall indemnify the owner in the respect of all expenses incurred and losses suffered by the owner in making safe such overhead wires and cables.
Ensure that all scaffold boards, tarpaulins and any other loose items of scaffolding are tied down and made secure in high winds.
Ensure that in all areas to be scaffolded the owner can obtain adequate provision to tie in and prevent lateral movement of scaffolding.
Ensure that lighting equipment for scaffolding in public highways remains in place and in good working order throughout the hire and shall replace any defective bulbs or other lost, stolen or defective lighting equipment forthwith at the hirers expense.
The Hirer will ensure the security of the scaffold at all times, preventing unauthorised access.
The Hirer is to ensure that we are provided with a firm and level base for our scaffold that will not settle under the self-weight plus the design loads imposed. The base is to extend at least 300mm outside the scaffold. If timbers larger than 2” scaffold boards are required, these are to be provided by the Hirers.
The Hirer will ensure that the roof safely supports the weight of the scaffold structure plus the design-imposed load. We regretfully cannot accept responsibility for damage caused by or arising from working off fragile roofs, although every possible care will be taken.
The Hirer is fully responsible for the protection of the roof and therefore any damage.
Off hired scaffolds are removed as soon as possible within the scheduling of the day-to-day business, we do not accept any responsibility for delays incurred in works during this period. (We actively encourage liaison with us to ensure the dismantle period causes minimum disruption to the Hirer).
Should the hire period stated in the quotation be exceeded, the Hirer is liable for over hire charges @ 5% of total scaffold costs per week, until point of off hire.

10. OWNERSHIP OF SCAFFOLDING AND RIGHTS OF OWNER TO REMOVE SCAFFOLDING

The scaffolding shall remain the property of the owner and nothing in this contract shall confer or be deemed to confer any interest in the scaffolding to the hirer.
Upon the determination of this contract whether by effusion of time or otherwise the owner may without notice retake possession of the scaffolding and may for that purpose by himself, his servants or agents without previous notice upon any land or premises on which the scaffolding is or is believed by the owner to be situated. ATOM Scaffolding reserves the right to advertise on all scaffolding. We also reserve the right to use pictures taken of our jobs on our website and / or any of our social media platforms provided they only highlight the job undertaken.
This quotation is based upon current regulations and legislation. Should these or any working practices change any resulting extra work or provision will be invoiced as appropriate.
No additional items such as protective sheeting, debris, netting, etc.. may be fixed to our scaffolding without our written permission.

By accepting the quote and proceeding with scaffolding erection, the Hirer accepts all the terms listed above and agrees to abide by these terms.

Signed by __________________________________________ Date _____________

Tom Mosely, Managing Director

On behalf of ATOM Scaffolding Limited

Customer signature___________________________________ Date _____________

Customer name (printed) _________________________________________________

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