Terms Of Business

1. Definitions

In these terms and conditions, unless the context otherwise requires:

• “Hirers” refers to the person, firm, or company engaging the services of Apex Scaffolding Services Ltd for the provision of scaffolding and/or other structures.
• “Owners” refers to Apex Scaffolding Services Ltd, including its representatives, agents, and subcontractors.
• “Quotation” means the formal offer provided by Apex Scaffolding Services Ltd to the Hirers for the hire, erection, and dismantling of scaffolding and/or other structures.
• “Contract” encompasses the Quotation, the written order from the Hirers, and the acknowledgment thereof by Apex Scaffolding Services Ltd.
• “Regulations” denotes any relevant laws, regulations, and directives imposed by European Community, governmental, local, and other competent authorities.
• “Scaffold Structure” encompasses the scaffolding and/or other structures provided by Apex Scaffolding Services Ltd as described in the Quotation.
• “The Work” refers to the activities related to the erection, alteration, and dismantling of the Scaffold Structure by Apex Scaffolding Services Ltd.
• “Period of Hire” signifies the duration from the initial delivery of materials until the Scaffold Structure is dismantled and removed by Apex Scaffolding Services Ltd.

2. Defects

a) Apex Scaffolding Services Ltd undertakes to construct the Scaffold Structure in compliance with relevant Regulations and to remedy any defects due to faulty design, erection, or equipment usage at their own expense. b) In case of defects arising from the Hirers’ misuse or external acts, Apex Scaffolding Services Ltd will rectify them upon receiving written notice from the Hirers, with associated costs reimbursed by the Hirers. c) Apex Scaffolding Services Ltd shall not be liable for defects due to inaccurate information provided by the Hirers or deficiencies in the associated building or structure.

3. Safety

a) The Hirers must adhere to safety conditions outlined in the Quotation and all relevant Regulations, ensuring compliance with safety standards at all times. b) Upon identifying hazardous substances, the Hirers must promptly inform Apex Scaffolding Services Ltd in writing, allowing for necessary assessments and procedures. c) Costs incurred by Apex Scaffolding Services Ltd due to safety assessments shall be charged additionally.

4. Insurance

a) Apex Scaffolding Services Ltd indemnifies the Hirers against liabilities resulting from their negligence during the Work, subject to control of claims by Apex Scaffolding Services Ltd. b) Apex Scaffolding Services Ltd maintains relevant insurance policies and provides evidence upon request. c) The Hirers indemnify Apex Scaffolding Services Ltd against losses or claims, except for liabilities covered under (a), and must maintain their own insurance policies accordingly.

5. Cancellation

Cancellation of an order by the Hirers is subject to the discretion of Apex Scaffolding Services Ltd. Such cancellations require indemnification for all work completed and expenses incurred prior to acceptance of the cancellation, including any resulting loss of profit.

6. Additional Works

Any additional works, repairs, or alterations required on the Scaffold Structure must be instructed in writing by the Hirers and will be carried out by Apex Scaffolding Services Ltd at the Hirers’ expense.

7. Daywork

Minor alterations or additional works to the Scaffold Structure will be conducted on a Daywork basis, with hours recorded and chargeable as per the agreed rate. Apex Scaffolding Services Ltd will have full access to any necessary equipment at no additional cost.

8. Injury or Damage to Premises

Apex Scaffolding Services Ltd shall indemnify the Hirers against any liability for bodily injury, death, or property damage caused by negligence during the Work. Immediate written notice must be given to Apex Scaffolding Services Ltd of any such occurrence. The Hirers shall not make any admissions, offers, or promises of payment without written consent from Apex Scaffolding Services Ltd.

9. Ownership of Materials

Ownership of materials provided by Apex Scaffolding Services Ltd remains with Apex Scaffolding Services Ltd at all times, regardless of any contractual agreements between the Hirers and their employers.

10. Damaged Materials

The Hirers are responsible for any loss of or damage to the Scaffold Structure while on-site, unless caused by negligence from Apex Scaffolding Services Ltd. The Hirers shall pay the full replacement value or repair costs for any damaged materials.

11. Increased Costs

Price adjustments may occur due to changes in labor rates, material prices, or transport costs, with such variations communicated by Apex Scaffolding Services Ltd. The Hirers shall indemnify Apex Scaffolding Services Ltd against any loss, damage, claims, or proceedings arising from this Contract.

12. Permits

The Hirers are responsible for obtaining and maintaining all necessary permits, licenses, or consents required for the Work. Any additional expenses incurred by Apex Scaffolding Services Ltd due to permit requirements shall be borne by the Hirers.

13. Delays

Apex Scaffolding Services Ltd shall not be liable for delays beyond their control, with extensions of time and additional costs incurred due to delays recoverable from the Hirers. Written notice of any delays must be provided to Apex Scaffolding Services Ltd within seven days.

14. Determination of Contract

Apex Scaffolding Services Ltd may terminate the Contract due to non-payment or the Hirers’ inability to fulfill obligations. In certain circumstances, Apex Scaffolding Services Ltd may hire out the Scaffold Structure to the Hirers’ employer.

15. Welfare

The Hirers are responsible for providing welfare facilities as per regulations, without charge to Apex Scaffolding Services Ltd. The Hirers shall furnish relevant certificates to Apex Scaffolding Services Ltd confirming compliance with welfare requirements.

16. Instructions

All instructions to Apex Scaffolding Services Ltd must be provided in writing or confirmed in writing within seven days to avoid inaccuracies or misunderstandings.

17. Payment

Payment for services rendered must be made within fourteen days of invoice receipt. Late payments are subject to interest and may result in suspension of work or removal of equipment. Apex Scaffolding Services Ltd reserves the right to demand security prior to service delivery. No retention or discount shall be deducted from payments made by the Hirers to Apex Scaffolding Services Ltd.