Terms of service.
1. Nolan Scaffolding Ltd Trading as Metroscaff Ltd (“Supplier”)
2. The Supplier is not responsible for any loss of business, profit or out of pocket expenses or disbursements whatsoever arising out of, and including delay or failure to provide or deliver the Equipment, and the Hirer will take no action against The Supplier for such delay or non delivery. The Hirer’s sole remedy is rescission of the contract only as regards equipment so delayed.
3. Equipment will be deemed to have been delivered in good order unless notified to the contrary within twenty-four (24) hours of delivery.
4. Equipment must be returned to The Supplier in a clean condition. In demolition or alterations of buildings where asbestos is found on any site, all scaffold must be cleaned by a professional asbestos removal company at the hirers expense, as per Worksafe standards, before the supplier will dismantle any scaffold, The supplier will need to be notified if Asbestos is found on the building site.
5. Hirer will be responsible for replacing lost or damaged components in the event of neglect or abuse and also for any loss of hire to the said The Supplier until such repairs as are necessary have been completed.
6. Any planks retained on your job following dismantling of scaffold will automatically be placed on hire at $3.00 each per week.
7. The Hirer must not sub-hire, let out, lease, or lend any plant or remove from the site to which the equipment is first delivered without prior written permission from The Supplier.
8. The Hirer must not allow scaffold planks to be moved or taken from scaffold without permission of The Supplier. DO NOT setup planks as a saw bench.
9. The Hirer shall be wholly responsible for the equipment from the time of delivery until it is returned to The Supplier. The Hirer shall be responsible for all losses suffered by The Supplier until return of the equipment.
10. While The Supplier will take all possible care in any work done on your site, we cannot accept responsibility for any damage or breakage to roofing tiles, or any other roofing including iron roofing where scaffold has been built over same. Nor can responsibility be accepted for any water damage which may arise from any such roofing or tile breakage or damage.
11. Payment for services is due the 20th of the month following the invoice unless your account is on a 7 day basis (see main quote terms). Payments not received before the 25th of the month following will incur 4% interest per month compounding and in addition the Hirer will pay any debt collection or related legal costs which The Supplier may incur in recovering any overdue amount from the Hirer.
12. If there is a default in payment or if there is any other breach of these Conditions of Hire then The Supplier reserves the right to terminate the hire period immediately, and to take any steps necessary to recover possession of the equipment without prejudice to its rights under the preceding paragraph.
13. The hirer grants The Supplier entry onto any site, building or location where the hired equipment is in use at all reasonable times for any purpose connected with the contract or this purpose of recovery of equipment when payments are in default.
14. All equipment hired is and remains the property of The Supplier
15. All costs of hire are based on current costs and are subject to alteration without notice.
16. Any special conditions on The Supplier order forms will not form part of the Agreements.
17. The maximum terms of hire will be 10 months and if longer than this a new contract will be required.
18. If the Hirer becomes bankrupt, insolvent or ceases business, then The Supplier will be entitled to terminate this Agreement and repossess the Equipment from the Hirer’s premises and recover any related outstanding costs, including costs of hire.
19. Notice in writing may be served by either The Supplier or the Hirer by facsimile or email or personally in which cases time runs from the date of faxing, emailing or personal delivery, or by post and if Notice is served by post, then time runs from the day of posting.
20. If during the period of hire or any time afterwards, there is a dispute or difference between The Supplier and the Hirer in regard to the hire or the interpretation of these Conditions, then unless it is resolved by mediation or other agreement, the dispute or difference will be submitted to arbitration in accordance with the Arbitration Act 1996 or any Act of Parliament amending or replacing it.
21. Scaffold Register System which will require weekly inspections on our part while the scaffold is in use and monthly while
22. Not in use. The charge for this is extra to the contract and will be charged at $65.00 per inspection.
23. Once the scaffolding has been erected any alterations or part removals will be charged additional time & travel at $70.00 per man per hour which includes transport from yard to yard.
24. Minimum hireage unless specified is one week.
25. Permits and Licences, it is the hirers responsibility to provide all engineering calculations and certificates, local body permits at their cost.
26. Site measurement: All quotation or Contract may be subject to amendments both in physical detail and price, should the
dimensions at the point of installation be different to those upon which the original Quotation or Contract was based.
27. At least three day’s notice is required to alter/amend or “offhire “scaffold”.
Work safe NZ inspectors are now strictly enforcing scaffolding and construction codes of practice and heavy financial penalties can now result from interference with or alteration to scaffolds by non-qualified persons. This includes removing planks
28. Shrinkwrap:
28.1. Ownership and Risk Ownership and Title to the products supplied by The Supplier shall not pass to the customer until the outstanding Invoice(s) for the project has been paid in full and received by The Supplier. Acceptance of these terms will provide The Supplier with explicit authority to enter onto the property and remove the material in the event that payment is not made in accordance with this agreement. The Supplier will not be responsible for any damage or losses resulting from the removal of the materials under this clause
28.2. Weather during Install The Supplier will only carry out work in weather conditions it deems to be suitable and safe. The Supplier will not be held liable for any losses caused by such delays. Rain, hail and strong winds/gusts are typical examples of unsuitable or unsafe weather.
28.3. Scaffolding Unless supplied by The Supplier, the customer, at its sole responsibility shall organise the erection and cost of the scaffolding. The customer acknowledges that the project will only commence once the scaffolding has been erected to The Suppliers satisfaction and has been declared safe by the scaffolding contractor.
It is the clients responsibility to fill the water drums used to weigh down shrink-wrap
28.4. Variations Any variations to any part of the agreement relating to price, scale, scope or time of supply shall be agreed to in writing. The Supplier shall determine the additional monies payable due to any such variations. Additional face square metres above the initial value quoted will be charged at $14.50 per square metre. Once the installation is completed, we will re-measure the actual face areas of coverage installed and charge for this amount.
28.5. Warranties The Supplier warrants that all employees and/or subcontractors have the requisite skill and experience required to complete the project as per this agreement. The Supplier further warrants that for a period of 90 days the project shall remain free from defects including leak free, subject to the project not being exposed to third party damage or winds in excess of 60km per hour The Supplier will not be held responsible for any repairs or associated losses. Any repairs requested in this instance will incur extra costs and will be charged on a time and material basis.
28.6. Insurance The customer shall be deemed to have sufficient Insurance to cover any event where the Shrinkwrap is required to perform during events outside these terms and damage occurs.
29. Netting:
29.1. The square metre rate covers the installation, hire-age and the removal of the nets.
29.2. Any extra visits to site (not including the installation and removal) will incur a surcharge of $125 +GST to cover extra travel costs.
29.3. You will be charged to replace any nets that are damaged or stolen from site at a rate of $10 per square meter.
29.4. Any areas that we feel cannot be safely reached with our ladders must be planked or scaffolded out to our satisfaction.
29.5. This quote is applicable to buildings that have adequate timber available for our fixings, other styles of construction, i.e. masonry, may incur a surcharge.
29.6. There is a minimum charge of $540 +GST for jobs that are less than 100 m2. 30.
The customer has read, understood and agrees to be bound by the entire agreement which includes both the EQS and the terms and / or scaffolding hire terms.