In these Conditions the following shall have the meaning set out:

(a) “the Owner” shall mean New Millennium Scaffold Ltd and “the Client” shall mean any Individual firm, company or other party with whom the Owner contracts,

(b) “Scaffolding” shall mean any scaffolding, structure, tube, boards, fittings, ladders, gin wheels, hoists, sheets and any other materials whatsoever supplied by the Owner to the Client under the Contract

(c) “Services” shall mean any work and labour supplied by the Owner pursuant to the Contract up to the issue of the Handing-Over Certificate together with any other work and labour supplied thereafter.

(d) “Handing-Over Certificate” shall mean the certificate issued by the Owner to the Client upon completion or erection of the Scaffolding by the Owner


(a) This quotation constitutes an offer capable of acceptance and will remain open or acceptance for a period of 3 calendar months from the date hereof, and is subject to the Owner having labour and materials available, and receiving reasonable notice in writing to commence work upon receipt of the Client’s order. Any oral acceptance by the Client shall be or shall be deemed to 6e upon these Conditions. Should the scope and/or details of the work change the Owner reserves the right to re-negotiate their prices.

(b) Any contract whatsoever made between the Owner and the Client shall incorporate and be subject to these Conditions to the exclusion of all terms, conditions or warranties express or implied (insofar as those imported by law may lawfully be excluded) and whether or not contained in or referred to in or by any document of the Client.

Any document of the Client containing or referring to terms, conditions or warranties shall constitute a counter-offer and will only be capable of acceptance by a director of the Owner signifying his acceptance in writing.

(c) Where the Client does not accept the Quotation within 3 calendar months as aforesaid the otter shall lapse. The Owner may in its absolute discretion decide whether to renew the offer upon the same or any other terms

(d) The period of cost shall be as set out in the quotation

(e) All Scaffolding supplied under the contract shall be supply & erect and shall remain the property of the Owner.

  1. PRICE

(a) The contract price is set out in the quotation and is exclusive of VAT (which will be added at the relevant rate at the appropriate tax point).

(b) Any variation or alteration will be the subject of a separate quotation and these Conditions shall apply mutatis mutandis to any contract based on such separate quotation


(a) Payment terms are thirty days net from the date of invoice. Invoices may be rendered by the Owner as follows:

(i) For 2/3 of the contract price upon the issue of the Handing-Over Certificate; and (ii) For 1/3 of the contract price after dismantling of the scaffolding is complete

These Provisions relating to the issue of invoices may be varied by the written agreement of the parties. Any error in any invoice rendered may be corrected in any subsequent invoice or invoices

(b) Where the Services performed under the Contract include the supply of labour on site at the specific request of the Client the Client shall be charged, at the hourly rates set out on the quotation, for the man hours worked as shown on the Owner’s time sheets, which shall be conclusive proof of the time worked Invoices may be rendered weekly In respect of such Services and shall be accompanied by supporting Time Sheets Any error in any invoice rendered may be corrected in any subsequent invoice or invoices.

(c) Where men employed by the Owner remain on site at the request of the Client the Owner shall be entitled to charge for a full day’s work or each of the said men irrespective of whether the men or any of them are actually engaged in working throughout the entire day that they so remain.

(d) Time for payment shall be of the essence and failure to pay within the time specified shall entitle the Owner upon notice to the Client to suspend further performance of the Contract pending payment, to repossess any Scaffolding In the possession or control of the Client and to cancel the Contract or any other contract between parties without prejudice to any other remedy of the Owner For the purposes of exercising the right to repossession herein the Owner may enter on any premises where Scaffolding is situated with such men, vehicles, machinery or plant as it deems necessary and the Client shall render all lawful assistance to the Owner.

(e) The Client may not setup against any monies due to the Owner under the Contract any amount claimed by or due to the Client from the Owner whether under this contract to on any other account whatsoever

(f) The Owner shall be entitled to interest both before and after judgement on any pad of the contract price not paid by its due date from that date until actual payment at the rate of 5% per annum above the base lending rate of Lloyds Bank Pic prevailing at the date of the relevant invoice or invoices.

(g) The Client shall have no right to deduct any monies for either Discount or Retention from any payment due to the Owner unless otherwise agreed in writing by a director of the Owner.


(a) Delivery of the scaffolding shall be made to the Client at the place specified in the quotation or as subsequently agreed between the parties and the risk in respect of all Scaffolding shall pass to the Client at the date of the Handing-Over Certificate and shall remain with the Client until either the Owner enters upon the site for the purpose of dismantling the Scaffolding or until two normal working days alter the Owner receives an instruction from the Client to dismantle the Scaffolding, whichever shall be earlier.

(b) The Owner shall be entitled to make delivery of the scaffolding by instalments and to invoice the Client for each instalment despatched.


(a) The Owner will use its reasonable endeavours to comply with any date or dates from despatch or delivery of the Scaffolding and for the supply or completion of the Services but such date or dates shall not be binding and only constitute statements of expectation. Failure to comply with such dates shall not constitute a breach of contract nor shall the Owner be liable in respect of any claims, actions, proceedings loss, damage, costs or expenses whether direct indirect economic or consequential.

(b) If the Owner is prevented or hindered from performing the Contract or any part thereof by any circumstances beyond its reasonable control including (but without limiting the generality to the foregoing) strikes, lock-outs or other industrial action, inability to obtain materials or labour, power or machinery breakdown or failure, fire, flood, civil commotion, or any other cause of whatever kind and whenever occurring further performance of the Contract shall be suspended for so long as the Owner is so prevented or hindered provided that if the performance of the Contract is suspended for more than 3 consecutive calendar months the Client shall be entitled by notice in writing to the Owner forthwith to terminate the Contract or to cancel any outstanding pad thereof and in such

Circumstances the Client shall pay at the contract rate for all Scaffolding and Services supplied to the actual date of termination. The Owner shall not have any liability to the Client for any direct indirect economic or consequential loss or damage suffered by the Client as a result of the Owner’s inability to perform its obligations hereunder.

(c) Where Scaffolding Is delivered or Services are supplied by instalments each such instalment shall be deemed to be supplied under a separate contract to which these Conditions shall apply mutatis mutandis and save as provided in Clause 4(d) no default in respect of any one instalment shall affect or prejudice due performance of the Contract as regards any other instalments.

(d) If performance of the Contract is suspended at the request of or delayed through default of the Client including (without prejudice to the generality hereof) lack of incomplete or incorrect instructions or refusal to accept delivery of the Scaffolding or the Services for a period of 7 days, the Owner shall be entitled to payment at the contract rate for Services already performed, Scaffolding ordered and any other additional costs thereby incurred.

(e) The Owner shall be entitled without the prior approval of the Client to assign, subcontract or sublet the Contract or any pan thereof, but the Client shall not be so entitled without the prior approval of the Company



(a) The Owner will exercise all proper care to ensure that the Scaffolding is soundly and adequately constructed for the purpose for which and the loads the Client has notified to the Owner and that when constructed it complies with the requirements of the Construction (Health, Safety and Welfare) Regulations 1996 or any legislation replacing or from time to time in force relating to the safety of Scaffolding

(b) The Owner will inspect the Scaffolding and will then give to the Client a Handing-Over Certificate which shall be prima facie proof that at the date of the certificate the Scaffolding was properly erected and structurally sound.

(c) Under legislation in force it is the responsibility of the Client to comply with statutory requirements relating to the Scaffolding and its employees and to inspect the Scaffolding and record the said inspections at least once a week ensure the Scaffolding’s “continuing compliance within the law. The Owner will undertake the statutory inspections and keeping of records referring thereto only at the specific request and at the expense of the Client

(d) While the Owner will exercise all proper care in constructing and erecting the Scaffolding, safety requires that scaffolding must be tied in properly and it may be necessary to pierce the fabric or break windows in or remove roof tiles from or otherwise cause damage to the building on or around which the Scaffolding is placed No responsibility whatsoever is accepted by the Owner in relation to damage so caused nor in respect of any claims actions proceedings costs or expenses arising there from whether directly, indirectly consequentially or as a result of economic loss whether arising in contract or ton (which shall without prejudice to the generality thereof include negligence) or breach of statutory duty. All such damage loss and claims actions proceedings and expenses arising there from shall be the sole liability of the Client


(a) The Owner shall only be obliged to carry out Services during normal working hours. Any overtime worked by agreement shall be paid for by the Client in addition to the contract price at the Owner’s overtime rates

(b) The Client undertakes to provide or procure the provision free of charge of:

(i) Proper and safe storage and protection of all scaffolding, tools, plant and equipment and materials on site:

(ii) Free and safe access to the site and to the point at which the Services are to be performed and the procurement of all necessary passes to ensure the same

(iii) All facilities, services and preparatory work necessary to enable such Services to be performed safely and expeditiously

(iv) All statutory and local authority consents and permissions necessary to permit the erection of the Scaffolding and its remaining in place throughout the contract period which shall include without prejudice to the generality hereof permission for Scaffolding to encroach on the highway

(v) Prior to commencement the Client will supply full details of products or substances discovered used or supplied on site, from whatever source, which are known to be hazardous to health and could affect the Owner’s workforce.

(c) The Client shall be responsible for fixing and maintaining all lights and other warnings, notices and guards whatsoever necessary to ensure the safety of all passers-by, workers and any other third parties whatsoever both during the hours of darkness and at all other times

(d) At no time and under no circumstances may the Client modify, alter cut or remove the Scaffolding or any part Thereof, where damage is or may have been caused to any Scaffolding by inclement weather or by the actions of third parties or by any other cause whatsoever the Client shall notify the Owner who will, at the expense of the Client, check the Scaffolding-and remedy all defects therein.

(e) Scaffolding and Services shall at all times be at the sole risk of the Client and if any part or parts thereof is lost, damaged or destroyed through any cause whatsoever other than negligence of the Owner its servants or agents, the Owner without prejudice to any other rights it may have shall be entitled to charge separately for the restoration of any Scaffolding or Services so lost damaged or destroyed, in the case of destruction at full current catalogue price less 10% and In the case of repair the full cost thereof SAVE THAT where the Scaffolding or any part thereof belongs to any third party then the Client shall pay to the Owner the full cost to the Owner of replacement or repair of the Scaffolding or the said part.

(f) The Client shall indemnify and keep indemnified the Owner against all claims, actions, proceedings, costs, damages or expenses whatsoever whether direct, indirect, consequential or economic arising from any breach of this Contract, breach of statutory duty, negligence or other tortious act of itself, its servants, agents or workmen whether acting inside or outside the scope of their employment or authority

(g) The Client shall effect and maintain with insurers of repute insurance in respect of all employer’s liability, third party, and all risks liability

(h) Without prejudice to the foregoing nothing in these Conditions shall operate so as to limit or exclude:

(i) the liability of the Owner in respect of death or personal injury resulting from the negligence of the Owner, its servants or agents:

(ii) the liability of the Owner in respect of direct loss or damage caused by the negligence of the Owner, its servants or agents PROVIDED THAT the Client forthwith give notice to the Owner of the said loss or damage and that the Client confirms the same in writing within a period of 7 days of the Incident causing the aforesaid loss or damage:

(iii) the liability of the Owner in respect of indirect or consequential loss arising from a breach of this Contract by the Owner, its servants or agents where the Client expressly notified the Owner in writing at the Stan of the Contract of:

(1) the existence of a penalty clause in any agreement between the Client and a third party or

(2) some other specific circumstance which could result in economic loss to the Client in the event of a breach of Contract on the part of the Owner and loss results attributable to 8(h) (iii) (1) and (2) above


If any of the following events occur, are threatened or in the opinion of the Owner are reasonably likely to occur

(a) The Client shall commit any breach of the Contract which fails to remedy (where capable of remedy) within a period of thirty days from receipt of notice in writing from the Owner requesting such breach to be remedied: or

(b) Any distress or execution is levied against any of the goods or property of the Client or

(c) The Client (or where the Client is a partnership, any partner thereof) offers to make any arrangement with or for the benefit of his or its creditors or commits any act of bankruptcy: or

(d) The Client (being a limited company) has a Receiver appointed to the whole or any part of its undertaking, property or assets or any order made or resolution passed for the winding up of the Client.

The Owner shall thereupon be entitled without prejudice to any other rights hereunder forthwith to suspend performance of the Contract and any other contract between the parties until the default has been made good or to determine the Contract or any other contract between the parties or any unfulfilled pad thereof. Not withstanding such termination the Client shall pay the Owner at the contract rate for all Scaffolding and Services provided up to and including the date of termination.


If at any time anyone or more of these Condition or any part thereof is held to be or becomes void or otherwise unenforceable for any reason the same shall be deemed omitted therefrom and the validity of the remainder of the Contract shall not in any way be affected


The tights and remedies of the parties hereunder shall not be diminished, waivered or extinguished by granting any indulgence, forbearance or extension of time nor by any failure of or delay in assessing or exercising any such rights or remedies.


The headings in these Conditions are for ease of reference only and shall in no way affect the interpretation of the Contract

  1. LAW

This Contract shall be governed by English law and the parties irrevocably submit themselves to the jurisdiction of the English Courts