Terms and Conditions of Business
1. In these Terms and Conditions: we, us and similar pronouns means Elite Scaffolding (Yorkshire) Ltd; you means the customer to which we supply scaffolding; Hire Period means the period from the date of installation of the scaffolding to the date you notify us that the scaffolding is ready for removal.
2. We will advise you if you may need a pavement licence for the scaffold. Our charges for obtaining a pavement licence will be included in your quotation. You are responsible for any planning or other consents.
3. You must ensure that the Site is clear of obstructions and accessible to our vehicles and personnel and that you obtain any access passes and complete any paperwork required for our personnel to attend and work at the Site. We will charge you if we are delayed because of your failure to fulfil these responsibilities.
4. We will ensure that the scaffold is designed and installed safely and will be suitable for normal use. You must tell us in advance if you have any special or unusual requirements.
5. We will do our best to meet any dates we advised to you but we may be delayed by circumstance we can't control (for example poor weather conditions that would make it unsafe for our personnel to carry out installation work, vehicle breakdowns or sickness). You should always allow a suitable amount of contingency in your project plans to account for the possibility of such delays and we are not liable to you for any losses you may incur arising from any delays.
6. You will pay our invoices within 14 days of the date of invoice. We are entitled to charge extra if the Hire Period exceeds the period in our original quotation at our standard rates. We have the right to charge compensation and interest on late payments at the rate prescribed from time to time under the Late Payment of Commercial Debts (Interest) Act 1996 and in addition shall be entitled to all reasonable costs incurred in recovering any unpaid sums.
7. Scaffolding remains our property throughout the Hire Period. If you fail to make any payment when due then we (or our agents) may enter onto the site to remove the scaffold and you will not prevent our personnel or agents from entering onto the site in order to exercise this right.
8. You are responsible for taking care of the scaffold throughout the Hire Period and we will charge you for any loss, theft, damage or neglect other than fair wear and tear.
9. Our maximum liability for any loss arising from our breach of our obligations to provide the Installation in accordance with these Terms and Conditions, in tort (including negligence) or otherwise is limited to a maximum of the total of our charges actually received by us from you in the period of three months prior to the date of any claim by you. A series of connected claims related to a single event or occurrence shall be deemed to be a single claim for the purposes of this clause.
10. We are not liable for any injury resulting from use of scaffolding by any person other than your suitably trained and qualified personnel.
11. Nothing in these Terms and Conditions excludes any liability we may have for death or personal injury resulting from our negligence.
12. These Terms and Conditions and any document expressly referred to in it represents the entire agreement between the parties and supersedes any prior agreement or arrangement whether oral or in writing.
13. Neither party has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations prior to entering into these Terms and Conditions except as expressly stated in these Terms and Conditions.
14. Neither party has any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the Installation Start Date (unless such untrue statement was made fraudulently) and a party's only remedy shall be for breach of contract as provided in these terms and conditions.
15. No term of these Terms and Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to these Terms and Conditions, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
16. These Terms and Conditions is subject to the law and jurisdiction of the Courts of England and Wales.