Chain Rigging & Scaffolding Limited
Terms and Conditions
The following terms of trade shall be incorporated into every Quotation or Contract between the Client and Chain
Rigging and Scaffolding for the supply, by the company, of Equipment and/or supply Services.
1.
DEFINITIONS
In these conditions unless the context otherwise requires:
•
‘Company’ means Chain Rigging and Scaffolding Limited, a Company duly incorporated in New Zealand.
•
‘Client’ means any person or persons, firm, Company who hires Equipment from and/or is supplied Services
by the Company and where applicable includes the employees, contractors, agents and subcontractors
engaged by the Client to hire Equipment from the Company.
•
‘Company Premises’ means the address from which the Company ordinarily carries out business.
•
‘Contract’ means the Contract between the Company and the Client for the hire of the Equipment and
Services.
•
‘Price’ means the Price of Equipment and/or supply Services as agreed between the Client and the
Company.
•
‘Dry-hire’ means the hire of Equipment without labour Services (may include or exclude transport).
•
‘Equipment’ means the scaffolding, propping, staging, roofing, flooring, planks, decking and/or any other
Equipment the Company supplies to the Client.
•
‘Off-hired’ means the point at which the Equipment on hire is no longer on hire with respect to the Client
being charged for it. It does not bring to an end any conditions of hire.
•
‘Quotation’ means Price and quantity on offer for a fixed term as stated on the Quotation. If the Quotation is
acceptable to the Client, the Client may agree to the Contract within the specified timeframe.
•
‘Services’ means the Hire Services provided by the Company including equipment erection and/or
dismantling labour and transportation of personnel and/or Equipment.
•
‘ACULOG’ means an accurate record of progress and performance.
2.
ACCEPTANCE
2.1 If any instruction is received by the Company from the Client for the hire of Equipment and/or supply of
Services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of
these terms and conditions by the Client, the terms and conditions are definitive and binding.
3.
TERMS AND CONDITIONS
3.1 These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to
all Quotations for the hire of Equipment and/or supply of Services made by the Client after the date and time
at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the
notice of, any employee, staff member or representative of the Client. It shall be the Client’s responsibility to
ensure that these conditions are promptly brought to the attention of the appropriate staff of the Client, and
accordingly any Quotation made by the Client after the date and time described above in this clause shall be
deemed to be an acceptance of these conditions.
3.2 No variation or waiver to these terms and conditions shall be recognised or binding on the Company unless
that variation or waiver is in writing and signed by the Company.
3.3 These terms and conditions may change from time to time and it is the Clients responsibility to review them
every time Equipment is hired and/or Services are supplied from the Company, or an extension or renewal
for hired Equipment with the Company.
4.
THE PRICE
4.1 The Price to be paid shall be according to any Quotation submitted by the Company to the Client. If no
Quotation has been submitted, the Price shall be as indicated on an invoice provided by the Company upon
completion of the Contract.
4.2 The Price shall be the Price of the Company’s current Price at the date of delivery of hire Equipment and/or
supply Services.
4.3 Time for payment for the Equipment and/or supply Services will be stated on the invoice, Quotation, tender
documents, or any other work commencement forms. If no time is stated then payment shall be due seven
(7) days from delivery of Equipment.
4.4 The Company reserves the right to charge for variations to specifications of hire Equipment and/or supply
Services after the Contract has been accepted.
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5.
TERMS OF PAYMENT
5.1 Payment is to be made as per the terms stated on the Company invoice.
5.2 The method of payment will be made by cheque, or by bank cheque, or by direct credit, or by any other
methods as agreed to between the Client and the Company.
5.3 In consideration of the Company entering into this Contract, the Client signing this agreement will be
personally guaranteeing all debt incurred and any costs incurred by the Company in recovering any
outstanding debt.
6.
LATE PAYMENTS / ARREARS
6.1 Late payment shall incur a 1.5% per month compounded interest rate. This shall be payable on any monies
outstanding under the Contract from the date payment was due until the date payment is received by the
Company, but without prejudice to the Company’s other rights or remedies in respect of the Client’s default
in failing to make payment on the due date. Should the Client fail to make payments within three (3) months
it shall be considered a Non-Payment and section 7 will apply.
6.2 If payment is in arrears, or if at any time the Client is in breach of any obligation (including those relating to
payment), the Company may suspend or terminate Equipment hire and/or the Contract forthwith without
giving the Client notice in writing and without prejudice to any monies, which may become due to the
Company. Upon termination, the Client will assist the Company to return the Equipment to the Company.
The Company will not be liable to the Client for any loss of damage the Client suffers because the Company
exercised its rights under this clause.
6.3 In the event that:
a. Any monies payable to the Company becomes overdue, or in the Company’s opinion the Client will
be unable to meet its payments as they fall due; or
b. The Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an
agreement with creditors, or makes an assignment for the benefit of its creditors; or
c. A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of
the Client or any asset of the Client; then without prejudice to the Company’s other remedies at law
Then the Company shall be entitled to cancel all or any part of any the Clients Contract that remains
unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the
Company shall, whether or not due for payment, immediately become payable.
7.
NON-PAYMENTS
7.1 In the event of non-payment (after three (3) months) or other breach of these conditions, the Client will pay
all of the actual costs of any debt collection incurred by the Company and interest at the rate of 2.5% per
month on all overdue amounts including all costs and in the event of legal action will pay continuing interest
at that rate after judgment until full payment has been received by the Company. All payments shall be
applied first in payment of default interest (if any).
8.
SUPPLY & ERECTION
8.1 The Company will make every effort to carry out the quoted work on the date requested, but due to the
nature of the job and often, circumstances beyond the Company’s control, the Company cannot guarantee
the exact start date. The greater the lead-time given by the Client, the more likely it is that the work will
proceed as requested.
8.2 The Company retains the right to decline any Quotation at no cost to the Company.
9.
DURATION OF HIRE
9.1 The hire of Equipment will be deemed to start on the date of delivery of the Equipment to the Client and
continue until the Equipment is returned to the Company. The day of hiring and the day of return will both be
charged as whole days. There will be no reduction to the charge for weekends, holidays, and inclement
weather or for any other reason beyond the Company control including (without limitations) strikes, lockouts,
and termination of labour, transport delays and Government interference or control.
9.2 If the scaffolding is used prior to total completion full rental will commence from that date.
10. DRY-HIRE
10.1 A Client representative must be on site to collect and sign for the Dry-Hire delivery.
10.2 Dry-Hire Scaffolding legally cannot go higher than four point five (4.5) metres to the top lift. Otherwise it must
be erected by a qualified Scaffolder.
10.3 The Company may charge for any travel time accumulated to collect any Equipment the Client wishes to no
longer hire from the Company.
10.4 All transport of Company Equipment by the Client is at the Clients own risk. Any loss occurring in transit is at
the Clients risk and the Client must have sufficient insurance cover for any such excess.
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10.5 The Client shall be responsible for determining that the Equipment is suitable for its requirements; ensure
that the Equipment is used in a proper manner and only for the purposes for which it was desired; complying
at all times with the WorkSafe approved Best Practice Guidelines, a copy of which is available from
WorkSafe New Zealand. All warnings and industry standard electrical insulation methods are to be followed
and/or observed.
11. NOTIFIABLE WORKS
11.1 When Power Lines need to be insulated / sleeved / permits issued to be made safe, this is an extra cost and
is not included in this quote. If you require the Company to arrange this then there will be an additional
charge to the quote.
11.2 Equipment over five (5) metres in height may only be erected, dismantled or altered by a suitably qualified
Scaffolder. All Equipment higher than four point five (4.5) metres should be inspected by a qualified
Scaffolder when erected or altered and should be inspected weekly when in use and after any storm or
occurrence that could adversely affect the safety of the Equipment.
12. ALTERATIONS & ADDITIONAL EQUIPMENT
12.1 On completion of the initial build of Equipment the person working on the Equipment will fit an ACULOG
when satisfied of the safe condition of the Equipment.
12.2 The Company must be contacted when any alterations and/or additional Equipment to the original quote is
required. The work will not be carried out until the Company is in receipt of written authorisation for the
variation. The extras will be invoiced accordingly. The team building the job has no authorisation to do extras
until the Company office has been contacted.
12.3 Should the Client alter, or tamper with the Equipment as erected or with any Equipment component in any
way shape or form, the Company will have relinquished all responsibility from that point for the safety of the
structure and furthermore the Client will be liable for the cost (whatever that cost maybe) of the Company
again making the structure safe and repairing or replacing any effected components.
12.4 If an "Act of God" such as sudden natural disaster interferes with the Equipment and as a result the
Equipment is unsafe, the Client will be charged accordingly to rectify and make safe.
12.5 A handover certificate is issued once the Equipment is deemed to be safe to use. Once the certificate has
been signed off by both Company and Client, the Client is not to alter or change the Equipment without the
permission of a Company representative.
13. INSPECTIONS
13.1 The Client is responsible to organise inspections, other than the initial inspection carried out by the
Company, when the Equipment is erected or altered. Where the Client arranges with the Company to carry
out an inspection, other than the initial inspection, the Company may charge for this service.
14. DISMANTLE
14.1 All dismantle requests must go through a Company representative via phone, facsimile or email. Failure to
do so will result in continuing hire charges. A minimum of twenty four (24) hours notice prior to the Company
dismantling Equipment is required.
14.2 If the Equipment is Off-hired but still being used when the Company comes on site to dismantle, costs
incurred will be on charged per hour and hire charges will apply from the Off-hired date.
14.3 The Company retains the right to dismantle the equipment at any time.
15. RETURN OF EQUIPMENT
15.1 Upon return of the Equipment, whether by collection by the Company or delivery of the Equipment by the
Client to the Company Premises, the Company will check the quantity and condition of the Equipment at its
Company Premises. If the Company is satisfied with the quantity and condition of the Equipment, no further
charges will apply. If the condition of the Equipment is unsatisfactory section 15 shall apply.
16. LOSS OR DAMAGE TO COMPANY EQUIPMENT
Once Equipment is on site and any Equipment goes missing or is damaged the Client will be held responsible for
costs of replacement.
16.1 Damage
When Equipment is returned in a worse condition than can be accounted for by fair wear and tear, the
Company may charge for all Equipment hire and labour costs associated with cleaning, reconditioning,
renewing or replacing the Equipment as it considers necessary plus 10%.
16.2 Lost Equipment
If the Company receives notice that Equipment has been lost, or the Client is unable to produce any item
after reasonable notice from the Company, the Equipment will be treated as “Lost Equipment”. The
Company may invoice the Client for any item of Lost Equipment for a sum equal to the standard market
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Price of the time of Lost Equipment. The hire charge for that item of Lost Equipment will continue to accrue
until the Client pays the charge for the item of Lost Equipment. If the Client subsequently returns, or finds, an
item of Lost Equipment, the Company or the Client recovers, and continues to use that item of Lost
Equipment, the Client will be entitled to a credit equal to the sum invoiced by the Company.
17. LOSS OF OR DAMAGE TO CLIENT PROPERTY CLAIMS
17.1 If the Client would like to make a claim for loss or damage to property resulting from the negligent acts or
omissions of an employee of the Company, the Client may file a claim against the Company. In order for the
Company to investigate and verify the claim, the Company must be notified and an incident report is to be
raised no later than seventy-two (72) hours of the damage occurring. The incident report must have the
following details before a claim for loss or damage will be considered:
• Address of the site
• Description of the damage and likelihood of how the damage occurred
• Photograph(s) of the damage with date
• Time and date of damage
• Quotation for repair or replacement; or the invoice; or purchase receipt and any associated labour costs.
Any claims notified to the Company after seventy-two (72) hours of the damage occurring shall not be
awarded damage costs.
18. CONTRAVENTION OF CONDITIONS
18.1 If the Client contravenes any of these terms or conditions of the Contract the Company may enter into the
site, building or other premises where the Equipment is located and repossess that Equipment.
19. DISPUTES
19.1 The Company and the Client agree that any dispute arising out of, or in connection with these terms and
conditions shall be resolved in accordance with the following dispute resolution procedure.
19.2 If direct discussion and negotiation between the parties fails to resolve the dispute then the parties will apply
to the Ministry of Justice for resolution of the dispute. Largely commercial or contractual in nature and the
claim is for $15,000 or less ($20,000 if both parties agree) then it may be able to be heard by the Disputes
Tribunal. If the disputes value is larger than this the matter shall be dealt with in the District Court. It is
recommended that the Client only pursue such a claim following consultation with a lawyer.
20. LIMITATIONS OF COMPANY LIABILITY
20.1 The Client will indemnify the Company for all claims for injury to persons and/or damage to property caused
by, or in connection with, or arising out of, the use of the Equipment and for all costs and charges in
connection with such claims whether arising under statute or common law.
20.2 An Engineers certificate can be obtained if necessary at the Client's cost. Any drawings, designs of
specifications that the Company supplies to the Client in connection with the hire of Equipment and should
be regarded only as a guide and do not constitute a warranty or guarantee on the practicability, efficacy or
safety of that Equipment. The Company will not be responsible for the cost of any additional work caused by
defects in such drawings, designs or specifications. The Company will not be liable for any consequential
loss or damage caused directly or indirectly by the Equipment or any defects in any drawings, designs or
specifications, which the Company supplies with the Equipment.
20.3 The Company will take no responsibility if reception is lost to television; radio; computer; communication
Equipment while Equipment is in place.
21. GENERAL
21.1 As part of the Company Health and Safety Policy, a HSE meeting is conducted once a month for all
employees. The Company will endeavor to notify all Clients impacted by this meeting a week ahead.
21.2 The Company reserves the right to review these terms and conditions at any time. If, following any such
review, there is to be any change to these terms and conditions, then that change will take effect from the
date on which the Company notifies the Client of such change.
21.3 The Client agrees to allow the Company to erect signs or banners on any structure built by the Company or
by the Company Equipment for as long as the structure stands. The Client agrees for an indefinite period
that the Company is permitted, without specified restriction, to use images of any structure built using
Company Equipment and includes reference to site or project names, and its association, for the purpose of
the Companys marketing activities and/or associated publications.
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