Terms and Conditions of Trade
1. Basis of this contract
1.1 This contract sets out the terms and conditions that apply when Technical Access Solutions (“we”, “us” and “our”) supply you (“you” and “your”) with scaffolding services including scaffolding equipment.
2. Using your information
2.1 You agree that we may obtain information about you to assess your credit worthiness and enforce any rights under this contract.
2.2 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, keder roof systems, custom encapsulation, stairs and stairway towers, shrink-wrapping, tube and clip, all round scaffolding systems and propping. All scaffolding built will be built in accordance to the current revision of the GPGS and within normal business hours. Night and weekend work will be at an extra cost.
• 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.
3.2 Tas will notify the authority if the scaffold is over 5m.
3.3 Weekly safety checks for scaffolding will be carried out under GPGS, a fee will be charged for this service, as per quotation, and if any changes were made by others, TAS will charge to put scaffolding back to GPGS at an hourly rate per man.
3.3 Scaffolding should be kept clean and there might be a cleaning charge if cleaning is needed on day of dismantling.
4.1 The price of the scaffolding services is the cost, as agreed between you and us.
4.2 Please note scaffolding services are quoted for erection in one continuous process and the same with dismantle. If staging occurs at a later stage, without notice thereof in the quotation, additional costs may be incurred.
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 additional costs may be incurred; and
•where scaffolding services are required in addition to the quotation, you agree to pay for the additional cost of such scaffolding services at an hourly rate per man.
•Sites must be ready for scaffolders to erect scaffold on day of work, as agreed upon, and suitable and adequate vehicle access should be present. Access to the site for vehicles and access ways should be cleared from all building debris or rubbish for scaffolders to be able to build. Extra labour/travelling charges may be charged if work is delayed or teams need to return at a later stage, due to access problems.
6.1 Payment for scaffolding services shall be made:
• in full on or before the 20th day of the month following the date of the invoice (“the due date”) except where different terms were agreed upon; 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.
7. Delivery 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.
7.3 Following delivery you are responsible for the scaffolding equipment and are responsible for any loss or damage to it.
8.1 You agree and accept that:
• we retain our legal entitlement to all the scaffolding equipment supplied. Until the time 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.
9. 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 on or around roofs. However it is agreed that we are not responsible or liable for any loss or damage to roofs or buildings resulting from scaffolding services and scaffolding equipment provided by us. The client is to provide protection for the roof if it is not included in the quotation. If relocation of the scaffold is required, the client is to protect the new roof prior to TAS starting on site.
9.3 Please also note conditions 11 and 12 below.
10. Intellectual property
10.1 You agree that we own all intellectual property rights, including copyright, in all systems, solutions, drawings, designs, specifications, installations, software and electronic data produced by us in connection with the supply of scaffolding services to you.
11. Hire of scaffolding equipment
11.1 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 alienate 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 an 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.
• you will not alter the scaffolding equipment in any way and if you do, or another contractor on site does, then you agree that we are not liable for any loss or damage that may occur as a result of any such alteration.
12. Shrink Wrap Services
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.
13.1 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.
13.2 Any cancellation or suspension will not affect our claim for money due at the time of cancellation or suspension, damages for any breach of your obligations to us under this contract or any other legal rights we have.
14.1 We are not liable for delay or failure to perform our obligations if the cause of the delay or failure is beyond our control. If we fail to enforce any of the terms and conditions contained in this contract it shall not be deemed to be a waiver of any of the rights or obligations we have under this contract.
14.2 If any of these terms and conditions shall be invalid, void or illegal or unenforceable, the validity existence, legality and enforceability of the remaining terms and conditions shall not be affected, prejudiced or impaired.
14.3 If you default in payment then you agree that such default gives rise to a legal or equitable estate or interest (“the interest”) in your land on which the scaffolding equipment is located and that the interest entitles us to enter a caveat against your land pursuant to the Land Transfer Act 1952 and its amendments or any legislation in substitution thereof.
14.4 This contract and any dispute arising from it, is governed exclusively by the laws of New Zealand.
Acceptance of a quotation indicates that the client acknowledges the above terms and conditions and understands them.
Abbreviations: TAS Technical Access Solutions
GPGS Good Practise Guidelines for Scaffolding