Kad Scaffolding Ltd – Terms and Conditions of Hire and Services
1. Definitions
1.1 For the purposes of these terms and conditions, “the customer” shall mean the individual, company, contractor, builder, developer, homeowner or any person or organisation instructing Kad Scaffolding Ltd to carry out works.
1.2 Where Kad Scaffolding Ltd is instructed by a builder, contractor, project manager or any third party on behalf of a homeowner or property owner, both parties shall be jointly and severally liable for all charges, losses and obligations arising under these terms and conditions.
1.3 By permitting scaffolding to be erected at the property, the homeowner confirms acceptance of these terms and conditions and accepts joint liability for all charges and obligations.
2. Scope of Works
2.1 Kad Scaffolding Ltd shall provide scaffolding services as detailed within the quotation, contract or project agreement.
2.2 Any additional works, alterations, adaptations, call-outs or services outside the agreed scope shall be charged separately.
2.3 Unless otherwise agreed in writing, quotations include one erection and one dismantle only.
2.4 Additional visits, modifications or alterations requested after completion shall be chargeable.
3. Quotations and Payments
3.1 All quotations are valid for thirty days unless otherwise stated.
3.2 Kad Scaffolding Ltd reserves the right to request deposits, stage payments or payment in full before commencing works.
3.3 Invoices are payable in accordance with the agreed payment schedule.
3.4 Interest and compensation may be charged on overdue accounts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
3.5 Any legal, debt recovery or administration costs incurred in recovering outstanding sums shall be payable by the customer.
3.6 Kad Scaffolding Ltd reserves the right to suspend works or refuse dismantling until all outstanding invoices have been paid in full.
3.7 Where Kad Scaffolding Ltd has been instructed by a builder, contractor or third party to carry out works at a domestic property, the homeowner and the instructing party shall be jointly and severally liable for all outstanding invoices, hire charges and associated costs.
4. Cancellation and Rescheduling
4.1 A minimum of seven days’ written notice is required for cancellation or rescheduling.
4.2 Cancellation charges may apply where labour, transport or materials have already been allocated.
4.3 Failed visits due to lack of access may incur additional charges.
5. Site Access and Customer Responsibilities
5.1 The customer is responsible for ensuring safe and unrestricted access to the site.
5.2 The customer is responsible for obtaining all licences, permissions, parking suspensions and neighbour consents required.
5.3 The customer must notify Kad Scaffolding Ltd of any underground services, drains, septic tanks, fragile surfaces or concealed hazards before work commences.
5.4 Delays caused by inaccessible sites, parked vehicles, incomplete works or restricted access may result in additional charges.
6. Safety and Compliance
6.1 All scaffolding shall be erected in accordance with current industry guidance and regulations.
6.2 No person other than Kad Scaffolding Ltd employees or authorised subcontractors may alter, move, dismantle or tamper with the scaffold.
6.3 Any unauthorised alteration immediately voids any liability accepted by Kad Scaffolding Ltd to the extent permitted by law.
6.4 The scaffold must only be used for its intended purpose.
6.5 Scaffold inspections required following adverse weather, alterations or incidents remain the responsibility of the customer unless otherwise agreed in writing.
7. Insurance and Liability
7.1 Kad Scaffolding Ltd maintains public liability and employer’s liability insurance.
7.2 To the extent permitted by law, Kad Scaffolding Ltd accepts no liability for consequential losses, delays, loss of earnings or third-party claims arising from the use of the scaffold, except where such liability cannot lawfully be excluded or limited.
7.3 The customer shall be responsible for any loss or damage caused by vandalism, theft or misuse, subject to applicable law.
8. Indemnity
8.1 To the extent permitted by law, the customer agrees to indemnify and hold harmless Kad Scaffolding Ltd against claims, losses, damages and liabilities arising from misuse of the scaffold or unauthorised alterations.
9. Completion and Acceptance
9.1 The contract shall be deemed complete once the scaffold has been dismantled and removed from site and all sums due under the contract have been paid.
10. Intellectual Property
10.1 All drawings, calculations, designs and documentation remain the property of Kad Scaffolding Ltd unless otherwise agreed in writing.
11. Dispute Resolution
11.1 Both parties agree to attempt to resolve disputes amicably before commencing legal proceedings.
12. Hire Period and Additional Hire Charges
12.1 All quotations provided by Kad Scaffolding Ltd are calculated based upon the information supplied by the customer at the time of enquiry and quotation. This includes, but is not limited to, the scope of works, anticipated programme and the length of time the scaffold is expected to be required.
12.2 Unless otherwise expressly stated within the quotation or agreed in writing, Kad Scaffolding Ltd includes a maximum of 4 weeks’ hire within the quoted price.
12.3 Where the customer advises Kad Scaffolding Ltd that the scaffold will be required for a period of 4 weeks or less, additional hire charges may not be separately shown on the quotation because the anticipated hire period falls within the standard included 4-week hire allowance.
12.4 The absence of an additional hire rate or additional hire charge from an individual quotation shall not mean that unlimited or indefinite hire is included within the quoted price.
12.5 Where the scaffold remains erected beyond the included 4-week hire period, whether due to delays, changes to the programme, incomplete works or the customer requiring the scaffold for longer than originally advised, additional hire shall become payable in accordance with these terms and conditions.
12.6 Unless otherwise expressly agreed in writing, additional hire shall be charged at the following rates:
12.7 For the avoidance of doubt, the percentages stated above are charged for each additional week and are calculated against the original total quotation/contract value. They are not one-off charges covering the entire additional hire period.
12.8 Any estimated or anticipated hire period supplied by the customer and relied upon by Kad Scaffolding Ltd when calculating the quotation does not entitle the customer to extend the hire period without charge.
12.9 Where the customer originally states that the scaffold will be required for a period falling within the included 4-week hire period but subsequently requires it for longer, the additional hire rates set out within this section shall apply automatically once the included period expires, regardless of whether those rates were separately repeated on the individual quotation.
12.10 Additional hire shall continue to accrue until the scaffold and associated equipment are dismantled and removed from site. Where the customer gives notice that the scaffold is no longer required, additional hire will cease on the agreed off-hire/dismantling date, provided Kad Scaffolding Ltd is given reasonable notice and has safe and unrestricted access to dismantle.
12.11 Where dismantling is prevented or delayed due to circumstances outside the control of Kad Scaffolding Ltd, including lack of access, incomplete works, customer-requested delays, continued use of the scaffold, parked vehicles, other trades or unsafe site conditions, additional hire shall continue to accrue until dismantling can reasonably take place.
12.12 Additional hire charges must be paid in accordance with Kad Scaffolding Ltd’s payment terms and, where requested, in advance.
12.13 Kad Scaffolding Ltd reserves the right to suspend further works and/or take reasonable steps to recover its equipment where hire charges or other sums remain outstanding, subject to lawful access to the site.
13. Scaffold Inspections
13.1 Kad Scaffolding Ltd will inspect the scaffold upon completion and issue a handover certificate valid for seven days.
13.2 Ongoing inspections remain the responsibility of the customer unless otherwise agreed in writing.
13.3 Weekly inspections can be arranged at an additional cost.
13.4 Additional inspections requested by the customer shall be chargeable.
14. Temporary Roofs / Designed Scaffolds
14.1 Temporary roofs are not guaranteed to be completely watertight.
14.2 Monoflex sheeting and coverings are installed once only unless otherwise agreed.
14.3 To the extent permitted by law, Kad Scaffolding Ltd accepts no liability for leaks, condensation, water ingress or weather-related damage except where caused by negligence or where liability cannot lawfully be excluded.
14.4 Additional adaptations requested after installation shall be charged separately.
14.5 Temporary roofs and designed scaffolds must not be altered, modified or loaded without written consent from Kad Scaffolding Ltd.
15. Temporary Roofs / Designed Scaffolds – IBC Tanks (Kentledge)
15.1 Where required by a scaffold design, IBC tanks may be used as kentledge to provide ballast and stability.
15.2 IBC tanks are industrial containers and may previously have contained non-hazardous liquids.
15.3 The customer is responsible for providing a suitable water supply and hose.
15.4 The customer is responsible for ensuring that all IBC tanks remain filled to the required level throughout the hire period unless otherwise instructed by Kad Scaffolding Ltd.
15.5 The customer must not move, empty or tamper with any kentledge arrangement without written consent from Kad Scaffolding Ltd.
15.6 Once Kad Scaffolding Ltd has confirmed that it is safe to do so, the customer shall be responsible for emptying and draining all IBC tanks before dismantling.
15.7 Kad Scaffolding Ltd reserves the right to postpone dismantling works and recover additional labour, hire and call-out costs where tanks have not been emptied.
15.8 To the extent permitted by law, Kad Scaffolding Ltd accepts no liability for residue, staining or discolouration associated with previous tank contents.
16. Ground Conditions and Surface Damage
16.1 The customer is responsible for notifying Kad Scaffolding Ltd of any known concerns regarding the ability of the ground, structure or supporting surfaces to bear imposed loads.
16.2 Whilst every reasonable care will be taken, Kad Scaffolding Ltd accepts no liability, to the extent permitted by law, for unavoidable damage caused by the weight of scaffolding, sole boards, base plates, kentledge, delivery vehicles or foot traffic.
16.3 This includes, but is not limited to, lawns, driveways, paving, patios, flower beds, tarmac, block paving, underground services and drainage systems.
16.4 Minor cosmetic damage, marking, settlement and indentations may occur during erection, use and dismantling.
17. Remedial Works and Making Good
17.1 Where scaffold ties, anchor points or support fixings are required, Kad Scaffolding Ltd may need to drill into brickwork, masonry, render, concrete or other suitable surfaces.
17.2 Unless specifically included within the quotation, making good, redecorating, repainting or carrying out remedial works following the removal of scaffold ties, anchors or fixings is excluded from Kad Scaffolding Ltd’s scope.
17.3 Any making good, including filling holes, colour matching, repointing, rendering or redecorating, shall be the responsibility of the customer unless otherwise agreed in writing.
17.4 To the extent permitted by law, Kad Scaffolding Ltd accepts no liability for cracking, chipping, blown render or damage resulting from pre-existing defects, weak substrates or deterioration of the building fabric.
17.5 Any scaffold ties or anchors removed by third parties without written approval from Kad Scaffolding Ltd may affect the safety and integrity of the scaffold and may void liability to the extent permitted by law.
18. Damage During Erection and Dismantling
18.1 Kad Scaffolding Ltd shall take reasonable care during all operations.
18.2 To the extent permitted by law, Kad Scaffolding Ltd accepts no liability for damage caused by pre-existing defects, deterioration or unavoidable access requirements.
18.3 Any concerns or claims should be raised in writing as soon as reasonably practicable and, where possible, within forty-eight hours of discovery.
19. Retention of Ownership, Loss and Theft
19.1 All scaffolding, boards, fittings, netting, sheeting, ladders, kentledge and associated equipment remain the sole property of Kad Scaffolding Ltd at all times.
19.2 The customer shall take reasonable care of and be responsible for the safekeeping and security of all equipment from the date of erection until dismantling and removal.
19.3 Subject to applicable law, the customer shall be liable for the reasonable replacement cost of scaffolding, materials or equipment lost, stolen, damaged, destroyed or removed whilst on hire where the loss or damage is attributable to the customer, persons for whom the customer is responsible, misuse, vandalism or failure to take reasonable precautions.
19.4 Kad Scaffolding Ltd reserves the right to invoice the customer for the reasonable replacement cost of missing or damaged equipment where the customer is responsible for that loss or damage.
19.5 Kad Scaffolding Ltd reserves the right to take lawful steps to recover its equipment in the event of non-payment or termination of hire. Nothing within these terms grants Kad Scaffolding Ltd a right to enter private property unlawfully or without any consent or authority required by law.
20. TV, Satellite and Internet Interference
20.1 To the extent permitted by law, Kad Scaffolding Ltd accepts no liability for unavoidable disruption to television, satellite, radio, broadband or internet services caused by the presence of scaffolding.
21. Gin Wheels, Pulleys and Ropes
21.1 Customers using gin wheels, pulleys and ropes are responsible for ensuring that all equipment is suitable and appropriately inspected before use.
21.2 Kad Scaffolding Ltd accepts no liability, to the extent permitted by law, for damage or injury arising from misuse or unauthorised use.
22. Weather Delays
22.1 Kad Scaffolding Ltd reserves the right to postpone works due to high winds, heavy rain, snow, ice or any other unsafe weather conditions.
22.2 Delays caused by adverse weather shall not constitute a breach of contract where Kad Scaffolding Ltd reasonably determines that proceeding would be unsafe.
23. Photographs and Existing Defects
23.1 Kad Scaffolding Ltd reserves the right to photograph the site before, during and after works for legitimate business purposes, including recording site conditions, works completed, existing defects and health and safety matters.
23.2 Photographs may be retained and used as evidence in the event of disputes, insurance claims or allegations of damage, subject to applicable data protection law.
23.3 Existing defects or damage present before the commencement of works remain the responsibility of the customer.
24. Acceptance of Terms
24.1 By accepting a quotation, instructing Kad Scaffolding Ltd to proceed, making payment, permitting erection to commence or otherwise engaging Kad Scaffolding Ltd to provide the services, the customer confirms acceptance of these terms and conditions where they have been provided or made reasonably available to the customer before the contract is entered into.
24.2 These terms and conditions shall apply alongside the relevant quotation or contract. Where a quotation expressly varies a provision of these terms, the expressly agreed written provision within the quotation shall take precedence for that particular project.