Terms of Trade
Conditions of Hire
In these Conditions of Hire “Scaffold Marlborough” means Scaffold Marlborough Limited. And “Client” means any person or entity who hires the equipment, or uses the services of Layer.
Agreement to Conditions of Hire
The Client will sign the Hire Agreement upon delivery of the equipment and this will be conclusive proof of the delivery in good condition of the equipment and the Client’s agreement to be bound by these Conditions of Hire. If the Client does not sign this Hire Agreement but the Client has had the existence of the Conditions of Hire brought to their attention, by the quote or other means, or they have previously signed a Scaffold Marlborough Agreement, then the act of hiring equipment again from Scaffold Marlborough will be conclusive proof that the Client agrees to be bound by these Conditions of Hire.
Duration of Hire
The hire of equipment will be deemed to start on the date of delivery of the equipment to the Client and continue until the Client returns the equipment to Scaffold Marlborough. 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, inclement weather or for any other reason beyond Scaffold Marlborough’s control including (without limitations) strikes, lockouts, cessation of labour, transport delays and Government interference or control.
Payment and Credit Arrangements
Minimum Client charges will be those contained in Scaffold Marlborough’s standard Price List. Charges are calculated daily, with a week being charged as seven days.
If Scaffold Marlborough delivers or collects the equipment, then the Client will pay a delivery or collection charge at Scaffold Marlborough’s standard transport rates applicable at the date of delivery or collection as the case may be. This charge will include any transport costs incurred by Scaffold Marlborough in attempting reasonably to comply with the express or implied requirements of the Client and arising through no fault on the part of Scaffold Marlborough.
If engineering or other inspections or reports are required in the course of the contract then these costs will be paid by the Client.
The Client must pay an invoice immediately after it is issued by Scaffold Marlborough, unless Scaffold Marlborough has approved a “Credit Account” for the Client, in which case payment is due by the 20th day of the month following the date of the invoice.
If Scaffold Marlborough holds an open cheque or a credit card voucher as security for payment and equipment, immediately on invoicing the Client Scaffold Marlborough may complete and bank the cheque or credit card voucher.
The Client may not withhold “retentions” withheld by other parties from the Client from payment from Scaffold Marlborough without the prior written consent of Scaffold Marlborough.
If payment is in arrears, Scaffold Marlborough may terminate the Hire Agreement forthwith without giving the Client notice in writing and without prejudice to any monies which may become due to Scaffold Marlborough. Upon termination, the Client will assist Scaffold Marlborough to return the equipment to Scaffold Marlborough.
In the event of non-payment or other breach of these conditions, the Client will pay all of the actual costs of any debt collection incurred by Scaffold Marlborough 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 judgement until full payment has been received by Scaffold Marlborough. All payments shall be applied first in payment of default interest (if any). Scaffold Marlborough reserves the right to not extend further credit on overdue accounts.
Return of Equipment
The Client will be responsible for returning all equipment to Scaffold Marlborough. Returns of equipment must be made during Scaffold Marlborough’s normal business hours.
Upon return of the equipment, whether by collection by Scaffold Marlborough or delivery of the equipment by the Client to the premises of Scaffold Marlborough, Scaffold Marlborough will check the quantity and condition of the equipment at its premises. If Scaffold Marlborough is satisfied with the quantity and condition of the equipment, it will receipt the Hire Agreement to the client. Receipt of the Hire Agreement to the Client will be conclusive proof of the return of the quantities of the equipment listed in the Hire Agreement and its condition at the time of return.
If the Client requests that Scaffold Marlborough collect the equipment, then it must contact Scaffold Marlborough premises from where the equipment was hired and obtain an “Off-Hire” number. The Off-Hire number is generated by Scaffold Marlborough’s computer system which records the date and time that the Off-Hire number was generated. The date and time of the Off-Hire number, as recorded by Scaffold Marlborough’s computer system and provided to the Client, will be conclusive proof of the date and time of Off-Hire. The Client will be invoiced up to the date and time of the Off-Hire date as recorded in Scaffold Marlborough’s computer system. The Client’s responsibility for the security of the equipment continues from the Off-Hire date to when it is collected.
If the Client advises Scaffold Marlborough that equipment has been Off-Hired, but on arrival to collect the equipment the Client advises Scaffold Marlborough that the equipment is still required and Scaffold Marlborough is required to return subsequently to collect the equipment, then Scaffold Marlborough will continue to charge of the equipment. Scaffold Marlborough may charge for any trip to collect any Off-Hired equipment which the Client still requires.
Loss or Damage of Equipment
The Client will be responsible for, and insure against, any loss or damage caused to Scaffold Marlborough’s equipment.
When equipment is returned in a worse condition than can be accounted for by fair wear and tear, Scaffold Marlborough may charge for cleaning, reconditioning, renewing or replacing the equipment as it considers necessary.
If the Client fails to return the equipment to Scaffold Marlborough in accordance with these Conditions of Hire, or Scaffold Marlborough receives notice that the equipment has been lost, or the Client is unable to produce any item after reasonable notice from Scaffold Marlborough, the equipment will be treated as “Lost Equipment”. Scaffold Marlborough may invoice the Client for any item of Lost Equipment for a sum equal to the standard sale 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 an item of “Lost Equipment” to Scaffold Marlborough, or the Client recovers, and continues to use, that item of Lost Equipment, then the Client will be entitled to a credit equal to the sum invoiced by Scaffold Marlborough under Conditions 18 Scaffold Marlborough will be entitled to debit the Client with hire charges as if that item of equipment had not been Lost Equipment.
Limitation of Scaffold Marlborough's Liability
The Client will indemnify Scaffold Marlborough 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.
Any drawings, designs of specifications which Scaffold Marlborough supplies to the Client in connect with the hire of equipment do not constitute a warranty or guarantee on the practicability, efficacy or safety of that equipment. Scaffold Marlborough will not be responsible for the cost of any additional work caused by defects in such drawings, designs or specifications.
Scaffold Marlborough will not be liable for failure to deliver the equipment on a specific date or within a specified time from receipt of the order.
Scaffold Marlborough 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 Scaffold Marlborough supplies with the equipment.
Owing to the inherently hazardous nature of scaffolding, Scaffold Marlborough cannot be held liable for any damage to roofs, guttering, windows, cladding, paving, tiling, plants or any other property whether caused by vehicles, equipment or tolls or by any other means.
Steel scaffold and all other scaffolding higher than 5 metres may only be erected, dismantled or altered by Scaffold Marlborough staff. Scaffold Marlborough will charge for the erection, dismantling or alteration of scaffold, even when carried out by the Client, unless there has been prior agreement to the contrary.
Scaffold over 5 metres in height may only be erected, dismantled or altered by a suitably qualified scaffolder. All scaffolds higher than 5 metres should be inspected by a suitably 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 scaffold. It is the Client’s responsibility to organise inspections, other than the initial inspection carried out by Scaffold Marlborough, when the scaffold in erected or altered. Where the Client arranges with Scaffold Marlborough to carry out an inspection, other than the initial inspection, Scaffold Marlborough may charge of this service.
Contravention of Conditions
If the Client contravenes any of these Conditions of Hire Scaffold Marlborough may enter into the site, building or other premises where the equipment is located and repossess that equipment.
Scaffold Marlborough and the Client agree that any dispute arising out of, or in connection with, this Hire Agreement of these Conditions of Hire will be resolved in accordance with the following dispute resolution procedure.
If direct discussion and negotiation between the parties fails to resolve the dispute then the parties will, where the dispute is within its jurisdiction, apply to the Disputes Tribunal at the Wellington District Court for resolution of the dispute. The parties hereby agree that the jurisdiction of the Disputes Tribunal to determine the dispute is extended to the maximum extent permitted by law.
If the dispute is outside the jurisdiction of the Disputes Tribunal, then the dispute will be resolved by arbitration under the Arbitration Act 1996 by a single arbitrator agreed by the parties. If the parties cannot agree on an arbitrator then the arbitrator will be nominated by the President of the Institute of Professional Engineers New Zealand at the request of either party. The arbitrator will make every effort to minimise the costs and the formalities of the arbitration. Arbitration hearings will be held at the premises of Scaffold Marlborough unless an alternative venue if agreed by the parties. Irrespective of the outcome of the dispute, the parties will pay their own costs incurred in preparing for and attending the arbitration, including the costs of witnesses and representation, and will equally share the other arbitration cost including the costs of the arbitrator.