LPD Scaffolding Terms and Conditions 02/02/2022

 

 

1. PARTIES

This contract, made between LPD Scaffolding and the company / person/s, corporation or public authority, takes the owner's scaffolding and ancillary equipment.

 

2. EXCLUSION OF OTHER TERMS

All contract terms between the owner and the hirer are incorporated in this document. No other condition or warranty shall be implied or deemed 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 the hirer hire the scaffolding referred to as per contract.

 

4. PERIOD OF HIRE

(a) Hire period for all scaffolding supplied and erected is six weeks from the date of scaffold completion. (unless an alternative hire period has been expressly stated and agreed in your quotation). Once the six weeks hire period has expired, additional scaffolding hire charges will be applied.

(b) Additional hire costs will be charged at 5 % of the total price per week. Until we have received five clear days confirmation from the hirer that the scaffolding is no longer required and is ready to be dismantled.

(c) 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. However, there shall be no reduction in the contract price or additional price in the event of such removal.

 

5. PRICE

(a) The contract price set out in the quotation is available for acceptance within _ weeks of the date of such reference.

(b) The contract price does not include ladders or lights unless expressly included.

(c) Unless expressly agreed in writing, the contract price includes boarding to one lift only. Boarding to additional lifts is charged as an alteration.

(d) Unless agreed in writing, the owner shall charge any alteration to the scaffolding carried out during the hire at the owner's day work rate. From time to time, prevailing together with expenses shall be paid by the hirer in advance.

 

6. TERMS OF PAYMENT

Invoice payable in full within seven days of receipt of invoice. Note: No retentions or main contactors discounts are acceptable.

 

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

(a) The owner will be solely responsible for the scaffolding's delivery, erection, and dismantling.

(b) 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.

(c) Should the scaffolding be lost, stolen, destroyed or otherwise missing during the hire or damaged during the period of hire (fair wear and tear expected). The hirer shall pay the owner the total replacement cost of all scaffolding.

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8. EXCLUSION OF LIABILITY OF OWNER

(a) 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 previous} acts of government, strikes, lockouts, fire, lightning, storm, tempest, aircraft, explosion, flooding, riots, civil commotion's, acts of war, malicious mischief or theft.

(b) Whilst the owner will take all reasonable care to avoid damage, the owner shall not be liable for any damage caused during the erection, alteration, or dismantling. Including damage caused to flat roofs, slates, tiles, asbestos sheets and other roofing materials, downpipes and guttering, or any part of any building in tying in such scaffolding to provide lateral support.

(c) The owner shall not be liable for any loss/ damage 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.

(d) No liability shall attach to the owner in contract or tort for loss, injury, or damage sustained because of any defect in the scaffolding. Or the erection or alteration thereof whether such defect is latent or apparent on examination.

(e) It is the client's responsibility to remove all satellite dishes and aerials before the erection of scaffolding. LPD Scaffolding Limited accepts no liability for any damage or interference if such is left in place.

 

9. OBLIGATION OF HIRER

The hirer shall:

(a) Obtain and renew all licences, permits and easements that may be required for the erection of the scaffolding referred.

(b) Ensure that all areas to be scaffolded are of sound construction and provide a sturdy base for such scaffolding.

(c) 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 regarding all expenses incurred and losses suffered by the owner in securing such overhead wires and cables.

(d) Ensure that all scaffold boards, tarpaulins and any other loose scaffolding items are tied down and made secure in high winds.

(e) Ensure that in all areas to be scaffolded, the owner can obtain adequate provision to tie in and prevent lateral movement of scaffolding.

(f) Ensure that lighting equipment for scaffolding and 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 hirer's expense.

 

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

(a) 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.

(b) 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 framing is or is believed by the owner to be situated. LPD Scaffolding reserves the right to advertise on all structures.