ADVANCED SCAFFOLD PRODUCTS LIMITED
General Terms and Conditions of Supply

• General
  • The Customer and the Company enter into all agreements for the hire or sale of Equipment or services solely on these conditions. Any variation to these conditions will only be binding on the Company if the variation refers specifically to these conditions and has been signed by a Director of the Company. The taking of Equipment from the Company involves acceptance by the Customer of these terms and conditions.
  • Where relevant any reference to the singular shall include the plural and vice versa.
• Definitions
  • 1.1 "The Company" shall mean Advanced Scaffold Products Limited trading from Unit 2 Bydand Lane, Little Paxton, Cambs , PE19 6EG
  • 1.2 "The Customer" means the person dealing with the Company whether an individual a limited liability company or a partnership.
  • 1.3 "Equipment" means any and all articles hired out or sold by the Company in the course of its business.
• Risk & Title
  • 2.1 Risk in the Equipment shall pass to the Customer when the Customer or its agent takes delivery of the Equipment or collects them.
  • 2.2 Even though risk has passed in accordance with clause 2.1 the Customer will not own the Equipment until the Company is paid in full for them and no other amounts are outstanding from the Customer to the Company.
  • 2.3 Before title has passed to the Customer under clause 2.2 and without prejudice to any of its other rights, the Company shall have the right to recover and re sell the Equipment or any of them and may enter upon the Customer's premises by its servants or agents for that purpose.
  • 2.4 Until payment due under all contracts between the Customer and the Company has been made in full:
  • 2.4.1 The Customer shall hold the Equipment upon trust for the Company.
  • 2.4.2 In the event of the sale of the Equipment by the Customer he shall hold the proceeds of such sale on trust for the Company in a separate bank account opened by the Customer for this purpose.
  • 2.4.3 The Company may trace all such proceeds of sale received by the Customer through any bank or other account maintained by the Customer.
  • 2.4.4 In the event of sale of the Equipment by the Customer in the ordinary course of its business the Customer shall assign its rights to recover the selling price from the third party's concern to the Company if the Company so requires in writing.
  • 2.4.5 The Customer shall not assign to any other person any rights arising from a sale of the Equipment without the express consent in writing of the Company.
  • 2.4.6 As the insurable risk in the Equipment shall pass to the Customer as soon as the Equipment are delivered to him or to his order, the Customer shall keep the Equipment insured in the amount of the contract price at which the Equipment are sold to the Customer against all insurable risks and if they are destroyed by an insured risk prior to payment being made for them by the Customer in full the Customer shall receive the proceeds of such insurance as trustee for the Company.
  • 2.4.7 The Customer grants to the Company an irrevocable licence to enter upon the land occupied or used by the Customer in connection with the tasks for which the Equipment is bought or hired as the case may be. The Customer warrants that he is able to grant such a licence and that any party whose consent is also required has agreed to be bound by such a licence.

• Payment & Transport
  • 3.1 Prices set out in the Company's quotation are valid for 14 days and will be adjusted in accordance with the Company's price list in force from time to time. The prices will be valid for three calendar months from the date of the Contract to delivery. All prices quoted are ex - works unless otherwise agreed in writing and exclude the cost of packaging and are subject to VAT at the prevailing rate.
  • 3.2 The Company reserves the right to make deliveries/and or services by instalments and to render a separate invoice in respect of each such instalment. If the Company exercises its right to make deliveries/and or services in instalments, then any delay in the provision of such deliveries/and or services, or failure to deliver any further instalment or instalments, shall not entitle the Customer to reject the Equipment or the delivery/service of any other instalment or to withhold payment in respect of any instalment previously delivered/serviced.
  • 3.3 Payment in all cases for approved accounts is due within thirty days from the date of the Company's invoice. In all other cases, payment in full is required before the Equipment will be despatched or collected. All sums paid late are liable to interest at the rate of the higher of 1.75% above the base rate of HSBC Plc or the rate allowed from time to time by the Late Payment of Commercial Debts (interest) Act 1998 or any replacement or modification thereof.
  • 3.4 All transport of Equipment is at the Customer's risk. Delivery times are always approximate and the Customer is not entitled to cancel the contract unless delivery is more than 2 weeks late. Any loss occurring in transit which exceeds the haulier's insurance cover is at the Customer's risk and the Customer must ensure that he has sufficient insurance cover for any such excess. Where the Company arranges delivery on behalf of the Customer the Customer is solely responsible for any transportation charge. The Company accepts no responsibility or liability in respect of such transport arrangements which will be made purely to assist the Customer.
  • 3.6 The Customer must unload and inspect all Equipment promptly on receipt in the presence of the haulier. In the event of any shortage and/or damage, the carrier's ticket must be endorsed accordingly and the Customer must report this in writing both to the haulier and to the Company within 7 days of receiving the Equipment. The Company may replace or repair any Equipment found to be faulty or damaged at its discretion subject to compliance with the Customer's obligations.

• Limitation of Liability
  • 4.1 The Company accepts no liability for
  • 4.1.1 any damage caused by combining the Equipment supplied with scaffolding or other Equipment supplied by any other manufacturer nor where such damage or loss is caused by unskilled erection, usage or treatment of such Equipment. If any negligence on the part of the Company is established, then the maximum liability on the part of the Company will be determined by the maximum indemnity afforded by the Company's insurers.
  • 4.1.2 any damage or loss caused to or suffered by the Customer or any other person, firm or company on whose behalf the Customer may have been contracting with the Company or with any other person, firm or company in respect of any claim howsoever arising for consequential loss or damage or economic loss other than any liability of the Company for death or personal injury arising out of negligence for which the Company is liable.
  • 4.1.3 any loss suffered by the Customer as a result of trade disputes, difficulties in obtaining Equipment or components from suppliers or manufacturers or anything outside the Company's control which prevents use by the Customer of the Equipment hired or agreed to be hired.
  • 4.1.4 any loss suffered by the Customer as a result of the Company's withdrawal of the Equipment from hire because of a breach by the Customer of these terms and conditions or non-availability of Equipment required by the Customer either at commencement of hire or by way of a Customer's request to extend a period of hire.
  • 4.1.5 any drawings design or specification and submission of such papers does not involve the Company in giving any warranty guarantee or representation that the Equipment to be supplied by the Company in accordance therewith (whether sold or hired) is practicable safe or cost effective and the Company is not responsible for the cost of any additional work caused by any deficiency in such drawings design or specification
  • 4.2 If the Company's quotation proves to be inadequate for the Customer's needs then all additional Equipment will be supplied by the Company on request and invoiced. The Company accepts no liability for any inaccuracy in its quotation.

• Rental Provisions
  • 5.1 All rental prices given are valid for four weeks (subject to any increase in line with the Company's price list in force from time to time). The Company will be entitled to increase these charges even though Equipment is on rental to a Customer for a longer period. All quotations for rentals are subject to availability of Equipment.
  • 5.2 The Customer will at all times during the period of hire:
  • (i) keep the Equipment in its custody and control
  • (ii) ensure that the Equipment is erected and dismantled in a proper manner and only by those persons having the appropriate qualifications and experience to erect and dismantle the Equipment and in accordance with any instructions given out by the Company.
  • (iii) ensure that the Equipment is used ONLY within its designed load limits and other requirements. The Customer warrants that he is aware of all such limits and requirements.
  • (iv) take proper care of the Equipment and ensure that it is safely and properly stored
  • (v) retain possession and control of the Equipment at all times and not sell, loan, charge or part with possession of it.
  • (vi) return the Equipment in good order to the place of hire and to ensure that the Equipment is clean, fully usable and loaded in such a manner that unloading may be carried out by forklift. The Customer will be responsible for the cost of repair and cleaning and any missing or damaged Equipment will be charged at the list price subject to any applicable Customer discount. The Company may in its absolute discretion decline to sell any damaged item to the Customer.
  • 5.3 If by agreement a Customer is to purchase ex-rental Equipment at the end of the rental period and the sale invoice is not paid within fourteen days then after this period the period of rental will be deemed to continue.
  • 5.4 The period of hire will begin on the day of delivery of the Equipment and will end on (and include) the day of return of the Equipment in accordance with clause 5.2. The minimum period of hire is 30 calendar days and ALL calendar days will count as hire days.

• Termination of Hire and Repossession
  • 6 If the Customer shall default in making punctual payment of any sum due to the Company under the Contract or these Conditions or shall fail to observe and perform any of the terms of the Contract or these Conditions or shall go into liquidation or bankruptcy or do or cause to be done or allow any act or thing to be done whereby the Company's rights in the Equipment may be prejudiced then the Company may treat this Contract and the Conditions as being repudiated by the Customer and the Company may without any notice or other requirement on its part re-take possession of the Equipment and for that purpose the Company may enter into and upon any premises or sites at which the Equipment may be and remove it from any land and buildings (the Customer being responsible for any damage caused thereby) but without prejudice to any pre-existing right of the Company against the Customer for recovery of monies due or any other breach of the Contract or these Conditions.

• Jurisdiction
  • 7 These Conditions and the Contract to which they relate will be governed in all respects by the Law of England and shall be subject to the exclusive jurisdiction of the English Courts. rev 12.04