• 1. What is the basis of this contract?

    1.1 This contract sets out the terms and conditions that apply when Orange Scaffold Limited (“we”, “us” and “our”) supply you (“you” and “your”) with scaffolding services.

    1.2 After our terms and conditions have been forwarded to you, any instruction by you to provide you with scaffolding services will be deemed by you to be an acceptance of our terms and conditions.
  • 2. What information about you can we collect?

    2.1 You agree that we may obtain information about you to assess your credit worthiness, enforce any rights under this contract and market any of our scaffolding services to any other entity.

    2.2 You agree that we may give that information to any person for the above purposes, but you may withdraw your consent at any time.

    2.3 You may access any information that we hold about you and request us to correct any mistakes in it.
  • 3. What are our scaffolding services?

    3.1 In these terms and conditions “scaffolding services” means and includes the following:
    • the hire, supply and installation of scaffolding equipment; and
    • the hire, supply and installation of access ways, birdcages, roof systems, custom encapsulation, stairs and stairway towers, rubbish shutes, shrink-wrapping, tube and clip, propping and fencing; and
    • all scaffolding services identified in any order form, supply request, email, quotation, “progress claim” or invoice issued by us to you, which documents are deemed to be incorporated into and form part of our contract.
  • 4. What is the price?

    4.1 The price of the scaffolding services is the cost, as agreed between you and us.

    4.2 If no price is stated in writing or agreed to orally, the scaffolding services will be treated as supplied at the current amount that we supply those scaffolding services at the time of the contract.

    4.3 Following the expiry of a contract period, our hireage rates may increase.

    4.4 Any extra’s or alterations to the contract will be charged at our normal hourly rate applicable at the time of the alteration or request for the extra.

    4.5 You are responsible for the additional cost if cranage or lifting services are required.
  • 5. What happens when we give you a quotation?

    5.1 When we give a quotation for scaffolding services:
    • unless otherwise agreed the quotation shall be valid for ninety (90) days from the date of issue; and
    • the quotation shall be exclusive of Goods and Services tax unless specifically stated to the contrary; and
    • our quotation does not include any screening unless specifically itemised; and
    • clear and unimpeded access to scaffold face must be provided or additional charges will apply; and
    • you are responsible for the additional cost if craning or lifting services are required; and
    • our quotation is subject to the terms and conditions outlined herein and is based on working hours between 7am and 5pm; and
    • where scaffolding services are required in addition to the quotation, you agree to pay for the additional cost of such scaffolding services.
  • 6. What and when must you pay us?

    6.1 Payment for scaffolding services shall be made:
    • with respect to residential scaffolding services on or before the 7th day day following the date of our invoice (“the due date”);
    • with respect to commercial scaffolding services in full on or before the 20th day of the month following the date of our invoice (“the due date”); and
    • a deposit may be required;
    • please note 100% of our erection and dismantle costs will be charged on completion of erection; and
    • we may on occasions invoice you by way of “payment claims” made pursuant to the Construction Contracts Act 2002 (“the Act”);
    • the due date for the payment of any “payment claim” will be noted on the “payment claim” (“thedue date”) and if not noted on the “payment claim”, payment will be required as provided for in the Act (“the due date”); and
    • any payments made by credit card will incur an extra charge of 4% of the invoice or “progress claim” value; and
    • interest may be charged on any amount you owe us after the due date at the rate of 2.5% per month or part month; and
    • any costs, including debt collection and legal costs, which we may incur as a consequence of having to enforce any of our rights contained in this contract, shall be payable by you; and
    • you agree that invoices and “payment claims” may be served on you by email.
  • 7. What do you agree to when you hire scaffolding equipment from us?

    7.1 You agree that when you hire scaffolding equipment from us:
    • you accept that you are responsible for insuring the scaffolding equipment; because
    • you are liable for any damage to or loss of the scaffolding equipment hired, however caused; and
    • in the event of any scaffolding equipment being damaged, lost or stolen you will pay to us the cost of making good the repair to the scaffolding equipment or the cost of replacing the scaffolding equipment, whichever is the lesser; and
    • all scaffolding equipment must be returned clean and you will be responsible for any cost incurred by us in removing excessive paint or plaster;
    • you will not part with possession of the scaffolding equipment and shall not sublet, or sell, or attempt to alienate the scaffolding equipment in any way, or deal with the scaffolding equipment in any way that may be prejudicial to us;
    • you will on request inform us of the whereabouts of any scaffolding equipment and give us an irrevocable licence and authority (including as your agent) to enter any premises for the purpose of inspecting, repairing, testing or removing any scaffolding equipment; and
    • if you fail to pay any monies owing after the due date you agree we may exercise such licence or authority to enter any premises and take possession and remove the scaffolding equipment.
  • 8. What security rights do we have?

    8.1 You agree and accept that:
    • at all times we retain ownership of all scaffolding equipment supplied; and
    • until you have paid us in full for all amounts due with respect to the hire and/or leasing of scaffolding equipment for more than 12 months or for such period that may effectively be an accumulated period of more than 12 months, we retain, pursuant to the Personal Property Securities Act 1999, a security interest in all scaffolding equipment supplied by us to you; and
    • if you fail to pay us in full for any scaffolding services supplied, we shall be entitled to repossess from you all or any of our scaffolding equipment; and
    • for the purpose of repossessing scaffolding equipment you give us an irrevocable licence and authority (including as your agent) to enter at any time any premises or place where the scaffolding equipment is located and to remove any or all of the scaffolding equipment supplied by us to you; and
    • you agree to indemnify us for any claims or losses caused or arising from our repossession of scaffolding equipment.
  • 9. What is the limitation on our liability?

    9.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Building Act 2004 and other statutes, regulations or codes may imply warranties or conditions or impose obligations upon us which cannot by law be excluded.

    9.2 Subject to clause 9.1, if we are deemed to be liable to you for any loss or damage of any kind whatsoever, arising from the supply of scaffolding services by us to you, including consequential loss, whether suffered or incurred by you or another person or entity and whether in contract or tort (including our negligence) or otherwise, then it is agreed by you, that our liability is limited to $1,000.00.

    9.3 All care will be taken with respect to scaffolding equipment over roofs, but subject to clause 9.1, we accept no responsibility for and are not liable for damage to roofs.
  • 10. Can we contract out?

    10.1 To complete the scaffolding services we may contract out the scaffolding services contracted for by you, to another supplier (“the sub- contracting”). The sub-contracting costs will form part of our price for the scaffolding services.
  • 11. What rights do we have to cancel or suspend our contract with you?

    11.1 In addition to any other cancellation or suspension rights, we have the right by notice to suspend or cancel any part of any contract for the supply of scaffolding services to you if you fail to pay any money owing after the due date.

    11.2 Any cancellation or suspension will not affect our claim for money due at the time of cancellation or suspension, damages for any breach of your obligations to us under this contract or any other legal rights we have, including our entitlement to 11.2 repossess scaffolding equipment as provided for in clauses 7.1 and 8.1.
  • 12. Does a personal guarantee apply?

    12.1 If you are a company or a trust:
    • the director of the company or the trustee of the trust signing this contract, in consideration for us agreeing to supply scaffolding services and grant credit to the company or the trust, also sign the contract in their personal capacity, and jointly and severally personally undertake as principal debtors, to pay everything that the company or trust owes us, and to indemnify us against non-payment;
    • any personal liability of a company director or trustee will not exclude you from the liabilities and obligations contained in this contract.
  • 13. What also are you agreeing to?

    13.1 We are not liable for delay or failure to perform our obligations if the cause of the delay or failure is beyond our control.

    13.2 The time stated for delivery of scaffolding equipment is an estimate only and we are not responsible for any delay in the delivery of scaffolding equipment.

    13.3 If we fail to enforce any of the terms and conditions contained in this contract it shall not be deemed to be a waiver of any of the rights or obligations we have under this contract.

    13.4 If any of these terms and conditions shall be invalid, void or illegal or unenforceable, the validity existence, legality and enforceability of the remaining terms and conditions shall not be affected, prejudiced or impaired.

    13.5 If you default in payment for scaffolding services then you agree that such default gives rise to a legal or equitable estate or interest (“the interest”) in your land on which the scaffolding equipment is located and that the interest entitles us to enter a caveat against your land pursuant to the Land Transfer Act 1952 and its amendments or any legislation in substitution thereof. A caveat is a notice that is registered against the title of your land, which informs anyone who searches that title, that we have a right or interest in that land.