Standard Terms and Conditions of Sale Agreement
1. Governing Terms. This statement contains the standard terms for our agreement. Unless modifies in writing by mutual agreement, these terms will be an integral part of any agreement we may have with you. Please review this statement carefully and contact us promptly if you have questions. We suggest you retain this statement in your file.
2. Our Quotation Agreement. The quotation is subject to Mercer Scaffolding and Plant Hire Ltd (hereinafter referred to as the "Owners") having adequate materials and labour available at the time of acceptance by the customer (hereinafter referred to as the "Buyers”) and the Owners receiving reasonable notice to commence work.
3. Unless otherwise agreed the quotation is for work carried out in normal working hours.
4. The Buyers shall be responsible for obtaining, at their own expense, all necessary pavement and/or hoarding licences, and permissions for the equipment to encroach on or cross adjoining property where necessary. The Buyers shall also be responsible for fixing and maintaining adequate lighting during hours of darkness and for giving notice to the district surveyor or the appropriate authority.
5. Unless otherwise stated all precautions for the protection of all the property, including, but not limited to, items of special value, shall be the responsibility of the Hirers, who shall provide and erect any materials required for the purpose.
6. The Owners accept no responsibility for the safety of or damage to any equipment erected, installed, altered, adapted, dismantled or re-erected other than at the fault of their workforce. Once we have issued our hand-over certificates/scafftag to the Buyers, the Buyer is fully responsible for the safety of the materials and the persons using the scaffold.
7. The Buyers shall satisfy themselves that the structure from/on which the equipment will be suspended or based is sufficient strength to withstand the load imposed thereon, and the Owners shall not be responsible for any loss or damage occasioned by oversight by the Buyers in this respect.
8. The Buyers shall indemnify the Owners against all claims, damages and costs arising out of the use of the equipment, the installation of the equipment and/or as a result of any other actions other than for the use expressly permitted in writing in the agreement.
9. When erecting and/or dismantling on or from roofs (whilst we take all due care attention to prevent damage) it is an express condition of the contract that the Owners will not be held responsible for broken slates, tiles or other covering however arising nor for consequential loss in any circumstances.
10. All equipment and materials let out on hire remain the property of the Owners and the Buyers shall not sub- contract/lend the equipment nor use it for any purpose that is not expressly specified in the agreement.
11. Buyers are required to provide written instruction to request the dismantling of scaffold and/or to off hire equipment and materials provided to them by the Owners.
12. The Buyers shall be responsible for the safe keeping and proper use of the Owners' equipment from the time of delivery and shall be liable to pay the cost of repairs/replacements of any parts of any equipment that has been lost/stolen or seen to be misused/mistreated.
13. The Owners, or an agent of our choice, reserve the right to periodically inspect, test and/or adjust the equipment on hire. The Buyers shall allow access and reasonable facilities for this purpose.
14. The Buyers shall make provision for the owners to fit ties as per current regulations. Buyers are responsible for making good to any damage caused when fitting or removing ties.
15. Scaffolds are based on normal access loadings unless otherwise stated in our agreement, Buyers are responsible for ensuring scaffolds are not over loaded.
16. Unless otherwise stated our quotation does not include design drawings. If design drawings are required before/during or after our works these will be charged in full before supplied to Buyers.
17. Any other works/equipment beyond any quoted works will be chargeable on the rates supplied.
18. HOC (hand-over certificates) and compliance certificates are supplied as standard with all completed works. Please note that any additional/alterations, unless otherwise agreed by the Owners, require a separate examination at the cost of the Buyers'. This includes scafftag system and, will be charged as per the agreed rates or the minimal charge of £50.00 per scafftag/examination.
19. Our credit account terms are essential to any contract arising from this quotation and are as follows: net payment within 14 days of invoice date, unless otherwise agreed and/or specified. Any queries received after this period will not be accepted.
20. In the event of non-payment by the end of the month following date of invoice, we reserve the right to charge interest on the whole amount outstanding/overdue at a rate of 5% above base rate at the time ruling. We also reserve the right to remove from site any equipment still on hire regardless of the completion of Hirer’s works, and the stop of further suppliers or equipment without prejudice to the sums already due.
21. Scaffold to rear – we must have access at all times arranged by the contractor. If no access is available, an abortive charge will be raised of £350.00.
22. Prices are subject to VAT, which will be added at the appropriate rate.
23. All prices are held for 12 weeks from date of quotation and subject to order date we reserve the right to increase costs.
24. The Owners' equipment may cause interference, all protection/damage/re-alignment is the responsibility of the Buyer and the owner cannot accept any claims resulting from this.
25. We require a minimum of 48 hours’ notice for any site visits (two clear working days).
26. In line with the House of Commons Trade and Industry Committee report on the use of Retention within the Construction Industry, the Owners do not accept any Retention.
27. Any additions, alterations, adaptions or variations required to the structure above and beyond the quoted works by Owners to the Buyers require separate quotations to be agreed by the Owners and the Buyer. No additional works are to be completed without express agreement. The Owners reserves the right to refuse additional works if the costs do not meet the minimal charge of £350.00.
28. Third Parties. Our agreement for you does not create any rights in or liabilities to any third party.
29. Governing Law. The construction, validity and performance of this agreement shall be governed by the laws of England and Wales.
2. Our Quotation Agreement. The quotation is subject to Mercer Scaffolding and Plant Hire Ltd (hereinafter referred to as the "Owners") having adequate materials and labour available at the time of acceptance by the customer (hereinafter referred to as the "Buyers”) and the Owners receiving reasonable notice to commence work.
3. Unless otherwise agreed the quotation is for work carried out in normal working hours.
4. The Buyers shall be responsible for obtaining, at their own expense, all necessary pavement and/or hoarding licences, and permissions for the equipment to encroach on or cross adjoining property where necessary. The Buyers shall also be responsible for fixing and maintaining adequate lighting during hours of darkness and for giving notice to the district surveyor or the appropriate authority.
5. Unless otherwise stated all precautions for the protection of all the property, including, but not limited to, items of special value, shall be the responsibility of the Hirers, who shall provide and erect any materials required for the purpose.
6. The Owners accept no responsibility for the safety of or damage to any equipment erected, installed, altered, adapted, dismantled or re-erected other than at the fault of their workforce. Once we have issued our hand-over certificates/scafftag to the Buyers, the Buyer is fully responsible for the safety of the materials and the persons using the scaffold.
7. The Buyers shall satisfy themselves that the structure from/on which the equipment will be suspended or based is sufficient strength to withstand the load imposed thereon, and the Owners shall not be responsible for any loss or damage occasioned by oversight by the Buyers in this respect.
8. The Buyers shall indemnify the Owners against all claims, damages and costs arising out of the use of the equipment, the installation of the equipment and/or as a result of any other actions other than for the use expressly permitted in writing in the agreement.
9. When erecting and/or dismantling on or from roofs (whilst we take all due care attention to prevent damage) it is an express condition of the contract that the Owners will not be held responsible for broken slates, tiles or other covering however arising nor for consequential loss in any circumstances.
10. All equipment and materials let out on hire remain the property of the Owners and the Buyers shall not sub- contract/lend the equipment nor use it for any purpose that is not expressly specified in the agreement.
11. Buyers are required to provide written instruction to request the dismantling of scaffold and/or to off hire equipment and materials provided to them by the Owners.
12. The Buyers shall be responsible for the safe keeping and proper use of the Owners' equipment from the time of delivery and shall be liable to pay the cost of repairs/replacements of any parts of any equipment that has been lost/stolen or seen to be misused/mistreated.
13. The Owners, or an agent of our choice, reserve the right to periodically inspect, test and/or adjust the equipment on hire. The Buyers shall allow access and reasonable facilities for this purpose.
14. The Buyers shall make provision for the owners to fit ties as per current regulations. Buyers are responsible for making good to any damage caused when fitting or removing ties.
15. Scaffolds are based on normal access loadings unless otherwise stated in our agreement, Buyers are responsible for ensuring scaffolds are not over loaded.
16. Unless otherwise stated our quotation does not include design drawings. If design drawings are required before/during or after our works these will be charged in full before supplied to Buyers.
17. Any other works/equipment beyond any quoted works will be chargeable on the rates supplied.
18. HOC (hand-over certificates) and compliance certificates are supplied as standard with all completed works. Please note that any additional/alterations, unless otherwise agreed by the Owners, require a separate examination at the cost of the Buyers'. This includes scafftag system and, will be charged as per the agreed rates or the minimal charge of £50.00 per scafftag/examination.
19. Our credit account terms are essential to any contract arising from this quotation and are as follows: net payment within 14 days of invoice date, unless otherwise agreed and/or specified. Any queries received after this period will not be accepted.
20. In the event of non-payment by the end of the month following date of invoice, we reserve the right to charge interest on the whole amount outstanding/overdue at a rate of 5% above base rate at the time ruling. We also reserve the right to remove from site any equipment still on hire regardless of the completion of Hirer’s works, and the stop of further suppliers or equipment without prejudice to the sums already due.
21. Scaffold to rear – we must have access at all times arranged by the contractor. If no access is available, an abortive charge will be raised of £350.00.
22. Prices are subject to VAT, which will be added at the appropriate rate.
23. All prices are held for 12 weeks from date of quotation and subject to order date we reserve the right to increase costs.
24. The Owners' equipment may cause interference, all protection/damage/re-alignment is the responsibility of the Buyer and the owner cannot accept any claims resulting from this.
25. We require a minimum of 48 hours’ notice for any site visits (two clear working days).
26. In line with the House of Commons Trade and Industry Committee report on the use of Retention within the Construction Industry, the Owners do not accept any Retention.
27. Any additions, alterations, adaptions or variations required to the structure above and beyond the quoted works by Owners to the Buyers require separate quotations to be agreed by the Owners and the Buyer. No additional works are to be completed without express agreement. The Owners reserves the right to refuse additional works if the costs do not meet the minimal charge of £350.00.
28. Third Parties. Our agreement for you does not create any rights in or liabilities to any third party.
29. Governing Law. The construction, validity and performance of this agreement shall be governed by the laws of England and Wales.
