Scaffold Sales & Services

General Conditions for Hiring goods and Conditions of Sale

This list is not definitive and should not be used as a copy of our contract with you. These conditions are merely placed here for your reference. New or different conditions may be imposed depending on our relationship with you the customer. The conditions displayed below are correct at the present time (12-Aug-2001).

1. Definitions

Contract - the document or documents that set out these conditions and all other details about your agreement with us.
We,us - Scaffold Sales and Services.
You - the person, firm, company or other organisation hiring or buying the goods from us.
These conditions override any terms and conditions you may have put forward, unless we have agreed to any other condition in writing.
These conditions do not affect your rights as a person dealing as a consumer.
The contract will be governed by and interpreted in accordance with Northern Ireland law.

2. Our Charges

a. Hire Charges

You must pay for the hire charges shown in the contract. Hire Charges will commence when the goods are delivered to you or your agent, and will continue until they have been returned in a clean and usable condition to us.
Hire Charges are due all the time you have the goods, including weekends and holidays. You must pay all the charges you owe when we ask for them.

b. Payment terms for buying goods

If we have agreed to let you have a monthly account, you must pay all our invoices by the last day of the month following the month the goods were delivered. If you do not have a monthly account with us, you must pay us when you place the order, or when the goods are delivered if we have agreed this with you.

c. Delivery and Collection Charges

You must pay us any agreed charges for delivering and/or collecting the goods. If we quote carriage charges, these only cover the time needed to load and unload our vehicle at the address you have specified. You must pay extra for any further time you cause us to spend.

d. Interest and Other Charges.

If you do not pay any amount when it is due, we will add interest to the amount that is overdue, on a daily basis, at a rate equal to 4% above the Ulster Bank Ltd's base rate at the time. Charging interest will not affect any other rights we might have. You must pay any reasonable expense incurred by us in recovering money or goods from you

3. Commencement of Contract

The contract comes into effect when you have placed an order and agreed to keep these conditions, and we have accepted your order.

4. Safety Instructions for Hired Goods

You must ensure that everyone who uses the goods is properly instructed on how to use them safely and correctly. You must ensure that the goods are not misused.

5. Your Responsibility when Hiring Goods

• a. You must unload and load the goods at the address specified by you. You must also load and unload the goods at our premises when you, or your agent, collect or return the goods. If we supply any person to help you, you must give him or her clear instruction when necessary.
• b. You become responsible for the goods when you, or your agent, receive them. Your responsibilities include protecting the goods and keeping them safe from the weather, theft, vandalism or improper use. At the end of the hire period you must return the goods unless you have made arrangements for us to collect them. Your responsibility does not end until the goods have been returned or collected and we are able to give you a receipt for them. you must not sell or in any way give up control of the goods.
• c. You will be responsible for any death, injury, loss or damage caused by the goods being misused while they are hired to you.

6. Maintaining Hired Goods and Reporting Accidents.

You must ensure the goods remain safe, clean and in working order. If there are any breakages, you must report this to us immediately. You must return the goods to us for inspection unless we have agreed otherwise. You must tell us immediately if the goods are involved in any accident resulting in damage to the goods or to other property, or injury to any person. You must take all necessary steps to make the goods safe and protect them against theft or damage.

7. Where Hired Goods are Placed

The hired goods must not be moved from any site agreed by us unless you have our written permission.

8. Limits of our Liability

• a. All times quoted for delivery or collection of goods are approximate.
• b. We will not be liable for any delays caused by circumstances beyond our control.
• c. If there is any breakage or damage to goods, we will try to replace or repair the fault as soon as reasonably possible after you have reported it to us.
• d. If you hire or buy the goods for use in a business, we will not be liable for any indirect loss or any loss of business or profits, caused by the goods or any part of them breaking down.

9. Insurance - Payment for Lost, Stolen or Damaged Goods

You must pay to us the cost of replacing any hired goods which are lost, stolen or damaged beyond economic repair. You should insure the goods for the replacement cost.

10. Lost, Stolen, Damaged or Unclean Hired Goods

You are responsible for looking after the goods and returning them to us in good working order. You must pay us reasonable costs of repairing or cleaning the goods if you return them damaged or unclean.

11. Ending the Hire Contract

If you hire the goods from us in the course of a business, we may end the contract if:

• you break this contract; or
• you become bankrupt; or
• as a company, you start to be wound up or a receiver or administrator is appointed over all or part of your assets; or
• you enter into any agreement with your creditors or a voluntary agreement is made which affects you; or
• you enter into a voluntary agreement.

If we end the contract in these circumstances, it will end immediately and we may repossess any or all of the goods. If we end the contract, it will not affect our right to recover any money you owe us under this contract or damages we claim as a result of you breaking this contract.

If you are hiring the goods as a private individual and not in the course of business, we may end this contract if:

• you break this contract; or
• you become bankrupt; or
• you enter into a formal agreement with your creditors.

If we end the contract in these circumstances we will work out the hire charges for the actual period you have had the goods.

12. Our Rights of Access

We may enter any land or premises where we reasonably believe the goods are. We may do this at reasonable times and after giving reasonable notice. We can only have this access if we need to inspect, test, repair, replace or repossess the goods.

13. Ownership of and Responsibility For Goods Purchased

a. If you buy any equipment from us, you will become responsible for loss or damage as soon as the goods are delivered to you.

b. We own the goods until you have paid in full for all the goods we have supplied. Until we have received the full payment for the goods you will hold the goods on our behalf and you must return them to us if we ask you to. We may enter any land or premises of yours, other than your home, to recover our goods.

14. Separate Terms

If any terms in this contract cannot be enforced, this will not affect the remaining terms.