TERMS AND CONDITIONS
1. PARTIES
This contract is made between LOKKE Solutions limited also referred to as “OWNER” and the company, person, corporation or public authority taking the OWNER’s scaffolding and or ancillary equipment referred to as “HIRER”
2. EXCLUSION OF OTHER TERMS
All terms of the contract between the OWNER and the HIRER are incorporated in this document and no other condition or warranty shall be implied or deemed to be incorporated. The HIRER acknowledges that the HIRER has not entered into this contract in reliance upon any representation made by the OWNER save insofar as the same is set out herein.
3. AGREEMENT FOR HIRE
The OWNER will let, and the HIRER will take on hire the scaffolding referred to overleaf.
4. PERIOD OF HIRE
a) Hire period for all scaffolding supplied and erected is stipulated in the quotation above from date of scaffold completion. Once the agreed hire period has expired, a charge for additional hire of the scaffolding will be applied. At the same rate as stipulated.
b) Hire will be charged per week, until we have received 5 clear days confirmation from the HIRER that the scaffolding is no longer required and is ready to be dismantled.
c) The HIRER may give the OWNER no less than five (5) clear days notice requiring the OWNER to remove the scaffolding before the expiry of the minimum period of hire or extended hire period but in the event of such removal there shall be no reduction in the contract price or additional price.
5. PRICE
a) The contract price set out in the quotation overleaf is available for acceptance within 2 weeks of the date of such quotation.
b) The contract price does not include labour or lights unless expressly included.
c) Unless expressly agreed in writing any alteration to the scaffolding carried out during the hire shall be charged by the OWNER at the OWNER’s day work rate from time to time prevailing together with expenses and shall be paid by the HIRER in advance.
6. TERMS OF PAYMENT
a) Prior to mobilizing to the site location, the HIRER will pay OWNER a down payment equivalent to 50% of the agreed price and HIRER will leave behind a postdated cheque equivalent to 15,000,000 UGX addressed to OWNER. This will be returned upon safe return of the scaffolding materials in the same condition as were taken.
b) Invoice payable in full within seven day of receipt of invoice. Note: No retentions or main contactors discounts are acceptable.
c) Interest of 10% per week shall be charged on all overdue accounts
7. DELIVERY ERECTION DISMANTLING LIABILITY FOR LOSS & DAMAGE TO SCAFFOLDING
a) Unless explicitly stated, the OWNER will be solely responsible for the delivery, erection and dismantling of the scaffolding.
b) The HIRER shall not alter, remove or in any way interfere with nor cause or permit any alteration, removal or interference with the scaffolding erected by the OWNER.
c) The HIRER shall pay to the OWNER the full replacement cost of all scaffolding lost, stolen destroyed or otherwise missing during the hire or damaged during the period of hire (fair wear and tear expected).
8. EXCLUSION OF LIABILITY OF OWNER
a) The OWNER shall not be liable for loss, damage, injury or delay due to any cause beyond his control including {without prejudice to the generality of the foregoing} acts of government, strikes, lockouts, fire, lightening, storm, tempest, aircraft, explosion, flooding, riots, civil commotion’s, acts of war, malicious mischief or theft. b) Whilst the OWNER will take all reasonable care to avoid damage he shall not be liable for any damage caused during the erection; alteration or dismantling or scaffolding where such damage is caused to flat roofs, slates, tiles asbestos sheets and other roofing materials nor to down pipes and guttering nor to any part of any building in tying in such scaffolding to provide lateral support.
c) The OWNER shall not be liable for any loss or damage howsoever caused if the scaffolding has been altered, moved or otherwise interfered with other than by the OWNER not if the HIRER has failed to comply with the HIRER’s obligations under this contract.
d) No liability shall attach to the OWNER either in contract or in tort for loss injury or damage sustained by reason of any defect in the scaffolding or in the erection or alteration thereof whether such defect be latent or apparent on examination.
e) All satellite dishes and aerials should be removed prior to erection of scaffolding. In the event of such being left in place LOKKE Scaffolding accepts no liability for any damage or interference.
9. OBLIGATION OF HIRER
The HIRER shall:
a) Obtain and renew all licences, permits and easements that may be required for the erection of the scaffolding referred to overleaf.
b) Ensure that all areas to be scaffolded are of sound construction and provide a sound base for such scaffolding.
c) Ensure that all overhead wires and cables are covered, insulated and made safe before the erection of scaffolding arid in default shall indemnify the OWNER in the respect of all expenses incutred and losses suffered by the OWNER in making safe such overhead wires and cables.
d) HIRER should check the material and agree with the Material count. Failure to do so means acceptance of the documentation and count provided;
e) Collection and returns of material are made by the HIRER. HIRER must off load and check the material at the delivery point. Shortages and damages will be acknowledged and dealt with according to article 7 of these Terms and Conditions;
10. OWNERSHIP OF SCAFFOLDING AND RIGHTS OF OWNER TO REMOVE SCAFFOLDING
a) The scaffolding shall remain the property of the OWNER and nothing in this contract shall confer or be deemed to confer any interest in the scaffolding to the HIRER. b) Upon the termination of this contract whether by effusion of time or otherwise the OWNER may without notice retake possession of the scaffolding and may for that purpose by himself, his servants or agents without previous notice upon any land or premises on which the scaffolding is or is believed by the OWNER to be situated. LOKKE Scaffolding reserves the right to advertise on all scaffolding.