The quotation is based upon the Conditions of Quotation, set out below, and Terms of Sales and Terms of Hire at the end of this document. Unless specifically agreed otherwise, where there is a conflict between your conditions and our Terms and Conditions, our Terms and Conditions shall take precedence.
1. Price & Payment Terms
1.1. All prices and rates exclude GST. Any applicable goods and services tax will be added in accordance with, and subject to the applicable GST law as defined in A New Tax System (Goods and Services Tax) Act 1999.
1.2. This offer remains valid for 30 days from the date of submission.
1.3. This offer is subject to our standard Terms of Sales and/or Terms of Hire.
1.4. This offer is based on the current requirements of the applicable authorities.
1.5. Prices are subject to work method statement approval and a final site inspection.
1.6. This offer is subject to approval being granted under the RB Scaffolding credit policy.
1.7. Full payment of the price must be made before delivery of goods or commence of works unless the credit has been approved to the Client, in which case payment is made pursuant to those Credit terms.
2. Labor
2.1. Any changes to rates may incur additional labor charges.
2.2. Additional Day labor if required will be charged at a minimum of 8 hour. Travel time will be chargeable at day labor rates where travel is required to complete the day labor work.
3. Materials
3.1. This offer is subject to the availability of labor and material at the time we receive your written acceptance.
3.2. The repair or replacement of any damaged equipment (as determined solely by RB Scaffolding) shall be charged to the client at our current list price. To be agreed prior to gear leaving site.
3.3. Additional materials ordered will be charged at the current list price with a minimum of four (4) weeks charge.
3.4. No rebate will be allowed for material returned prior to the expiry of the contract period.
4. Delivery and Return
4.1. A request to supply material or labor to site is deemed to constitute acceptance of our quotation and general terms of sale or hire.
4.2. Transport included in our quotation allows for a period of 45 minutes on site. Time more than 45 minutes will be charged as a variation to the contract.
4.3. All transport charges are based on full loads of materials.
4.4. Delivery and return dockets for equipment must be checked and signed for at the time of delivery and collection by the client’s authorized representative.
4.5. No foreign equipment will be accepted back to our yard in lieu of company owned material.
4.6. The client shall be responsible for any cleaning of scaffold deemed required by RB Scaffolding, including but not limited to the removal of any toxic substance’s residues.
4.7. Transport to site is by standard semi-trailer (Moffat truck) vehicle only unless otherwise stated. Further movement either vertical or horizontal due to site inaccessibility or other, is the responsibility of the client. All charges attributable to the same are the responsibility of the client.
5. The Site
5.1. The Client shall ensure that:
5.2. The site is cleared and ready for erection of the equipment before RB Scaffolding is asked to commence erection.
5.3. The foundations and structure on/or to which the scaffold is erected/connected has adequate bearing and strength capacity to withstand and support all forces imposed on them from the scaffolding or formwork structures.
5.4. Access is provided into buildings for the purpose of fixing and removing scaffold ties. The Client is responsible for the approval and positioning of ties and for the making good of all tie holes upon dismantling of scaffolding. The client shall be responsible for any weathering resulting from open windows etc.
5.5. The Client shall be responsible for obtaining the approval of all local and statutory authorities and paying all applicable fees.
5.6. The Client shall be responsible for providing all necessary electrical power, lighting, waterproofing and public protection.
5.7. At least 48 hours’ notice is required prior to the commencement of erection, dismantling or any other alterations to the scaffold. There must be sufficient work for two (2) men for a minimum of four (8) hours.
5.8. No responsibility will be accepted by RB Scaffolding for any damage to property during erection and dismantling Unless it is proved to be a direct result of action by RB Scaffolding.
5.9. The offer is based upon work being carried out during normal working hours, being Monday to Sat 6.30 am to 5 pm.
5.10. The working day may start at 6.00 am or at any other time between that hour and 8.00 am and the working time will then begin to run from the time so fixed, with a consequential adjustment to the meal cessation period. Request to start work outside these hours are subject to additional charges.
5.11. RB Scaffolding undertakes variation work only on the basis that the variation work is paid for by the Head Contractor as it is performed and that such payment is not dependent on prior payment by the \principal to the Head Contractor for that work. Order numbers are required for all variations prior to commencement.
5.12. Any down time incurred during day labour is to be charged to the client.
5.13. All Works deemed to be variation works outside of contracted scope shall include charges for all for materials, equipment, plant, labor, supervision, procurement, transportation, handling (on and off site), delivery, Strapping, wrapping, payment of fees, set out, storage, wastage, environmental controls, safety, cleaning, protection (including removal), complying with the specification and testing as necessary, commissioning, and certification.
5.14. Should any alterations or adjustments (including ties) be made to the scaffold after completion of erection by person(s) other than an employee of RB Scaffolding or our nominee, then RB Scaffolding shall not be held responsible or liable as to the structural integrity of the scaffold or the safety of the workers on the scaffold. Any remedial work resulting from same shall be charged at hourly rates.
5.15. Site amenities are to be provided by the Client at no cost to RB Scaffolding and are to comply with Work Cover requirements.
5.16. The Client shall be responsible for the vertical movement of materials to erection levels prior to commencement of erection, and the lowering of materials to the nominated pick up point on completion of dismantling. The Client shall be responsible for the associated unloading and loading of trucks at the site.
5.17. The Client has overall responsibility to ensure that no work commences until the presence, location, type and operating voltage of all overhead cables near the worksite have been positively determined by a competent person and that a ‘no go zone’ relating to scaffolding is assessed and a ‘Job Safety Analysis’ is developed and communicated and that written permission from the relevant electrical supply company is obtained before any work commences.
5.18. Any delays or disruptions not caused as a direct result of RB Scaffolding acts or omissions will be charged at day labor rates.
5.19. Regular inspections by a RB Scaffolding nominate competent person on site must be made to verify that the scaffolds remain fit for purpose. A record of all inspections will be kept and made available to all employees on site. Should the Client require RB Scaffolding to undertake such inspections (and any required rectifications), this shall be done as a variation to the contract.
5.20. Any repair works resulting from damage by rain, wind, cyclone etc. shall constitute a variation to the contract.
5.21. In accepting this quotation, the Client agrees to comply with AS4576 and sign and accept a Handover Certificate prior to using or occupying the scaffold.
5.22. The Client or its assigned representative will notify RB Scaffolding within 48 hours of any intent to back-charge for damages or lost time. Such notification is to be in writing, stating the site address, supervisor, date of incident and specific details. An RB Scaffolding representative will investigate or inspect the site to ascertain if RB Scaffolding or one of its employees is at fault and will then respond to the claim. Claims submitted by the Client after 48 hours from the time of the incident will not be accepted.
5.23. A Laydown area sufficient to hold is to be provided for the storage of scaffolding equipment while no in use onsite. Once a laydown area has been established, any cost incurred to demobilize and move equipment to a new laydown area will be at the expense of the client if required.
6. Labour Allowance:
6.1. Erection procedure to full height as per the construction works programme
6.2. Installation of deck levels as per the construction works programme.
6.3. Dismantle procedure to ground (all elevations) as per the construction works programme
6.4. Removal of materials from site has been allowed.
6.5. No provision for crib facilities has been allowed.
6.6. No site allowance has been allowed unless indicated
6.7. Permits, advice to Local Authorities, bunting & barricades are the client’s responsibility.
6.8. All induction Times are billed at hourly rate
7. Cyclonic Conditions
7.1. In the event of an impending Cyclone, RB Scaffolding will take the responsibility of carrying out recommendations of procedure TCA-006 at no cost to the Principle Contractor on any incomplete lift of scaffold.
7.2. Should the scaffold lift be completed or occupied by site personnel (excluding scaffolders) and/or the Handover Certificate has been issued to the Principle Contractor) than any cost of carrying out the recommendations to secure the scaffold against the impending Cyclone will be born by the Principle Contractor. The recommendations of TCA-006 are based on the scaffold being securely tied at the design points to the structure. Under the conditions of a scaffold collapse caused by damage to the structure it was tied to, any damage or injury to persons resulting from scaffold collapse is not the responsibility of RB Scaffolding.
8. Occupational Health & Safety
8.1. In accordance with the Australian Standards for Scaffolding AS 1576-1991 and the Australian Guidelines for Scaffolding AS/NZS 4576:1995, the following information is supplied.
8.2. Available on request are instructions for the erection and dismantling of the scaffold if the same is dry hired.
8.3. Only scaffolding couplers are supplied by RB Scaffolding should be used when connecting ties and other accessories.
8.4. Unless specifically designed otherwise by RB Scaffolding, modular or cuplock heavy-duty scaffold systems supplied by RB Scaffolding are covered by the following load, height, and maximum number of working platforms parameters.
∙ For a maximum bay size of 1.27m x 2.44m the maximum uniformly distributed load per bay is 6.6KN (673kg) inclusive of the said uniformly distributed load, a maximum concentrated load if 2KN (204kg) per bay is allowed. A maximum of two platforms per bay may each be loaded with the above loads. A bay is the space enclosed by four adjacent standards.
∙ The transom member supporting the scaffold planks must span the shorter side of any rectangular bay equal to or smaller than 1.27m x 2.44m.
∙ If more than two platforms in a bay are to be decked out, RB Scaffolding Technical Department must be consulted.
∙ The above scaffold systems with a maximum bay size of 1.27m x 2.44m may be erected to a maximum top working deck level of 45m.
9. Warning
Please note that under the Scaffolding Guidelines, it is not permissible to mix parts from different prefabricated scaffolding systems unless the supplier approves of the mix and gives certain guarantees.
You do not have our approval for mixing our scaffolding systems with any other system not supplied to you by us. If you have your own stock of Modular scaffolding, or you are hiring such systems from other scaffolding companies, then you do not have our approval to mix the scaffolding hired from us with such other scaffolding. If you mix our scaffolding with other scaffolding not supplied by us, we are unable to guarantee that:
∙ the components mixed are compatible size and strength
∙ the components mixed have compatible deflection characteristics
∙ the fixing devices are compatible
∙ the mixing does not lessen the strength, stability, rigidity, or suitability of the scaffold.
The only mixing of scaffolding systems allowable is where the equipment is either supplied by us or has been maintained by us through our quality assurance programme. No responsibility whatsoever for any equipment failure will be taken by RB Scaffolding should you have mixed our scaffolding with that of others.
Under AS / NZS 4576: 1995, scaffolds and their supporting structures will generally require inspection:
∙ Before the first use.
∙ At intervals not exceeding 30 days.
∙ As soon as practicable and prior to further use following an occurrence that may have affected the stability or adequacy of the scaffold.
∙ Prior to its use following repairs or alterations.
Written confirmation should be provided to the office of the principal contractor for the construction workplace by the erector stating that the scaffold, or its relevant portion, is complete upon the conduct of the inspection. RB will provide this documentation to the principal contractor and / or hirer should RB is responsible for the erection activity. This should be in the form of a Handover Certificate.
With respect to additional inspections of the scaffold following the initial erection, this is the obligation of the principal contractor to arrange a competent person as defined by the legislative requirements to undertake the conduct of the inspection and preparation of the inspection report.
The person who carries out the compliance inspections and provides the written confirmation must be a competent person who has acquired, through training, qualifications or experience the knowledge and skills to undertake the inspection.
RB offer the services of conducting the inspections of the scaffold so as to ensure that the scaffold is compliant with the relevant legislation and Australian Standards, it should be noted that this is an additional service to the erection and dismantling component and is to be activated by the principal contractor and / or hirer.
The principal contractor may engage the services of RB to undertake the conduct of the inspections of the scaffold at the specified time frames. In the event that RB undertakes the inspection and preparation of the inspection report, the principal contractor or hirer may incur a fee for this service.
Upon the cessation of the scaffold hire, RB Scaffolding shall undertake an inspection of the scaffold to ensure its structural adequacy and stability for the purpose of dismantling.
In the event that the scaffold has been altered by the principal contractor, hirer and/or user/s in that ties, braces, edge protection, working platforms, access systems, etc. have been removed by persons who are not deemed competent and in doing so has affected the scaffolds’ integrity RB shall reserve the right to carry out the necessary alterations and modifications so as to ensure the safety of the persons dismantling the scaffold. In doing so RB reserves the right to charge the principal contractor and / or hirer for the labor component required to rectify the scaffold for the purpose of dismantling.
RB – TERMS OF SALE
1. General These Terms of Sale constitute the entire agreement between RB Scaffolding Pty Ltd (‘RB’) and Buyer concerning the supply of the goods and services (‘Goods’) by RB to Buyer, and shall prevail over all conditions appearing on any document of Buyer.
2. Quotations A quotation given by RB shall not constitute an obligation to sell and no contractual relationship shall arise until Buyer’s order has been accepted in writing by RB by Order Confirmation.
3. Price Unless advised otherwise in writing by RB, the Buyer shall in addition to prices quoted or charged, be responsible for all applicable taxes and statutory charges including but not limited to GST.
4. Terms Invoices shall be paid prior to delivery or if RB has provided the Buyer with Credit Terms in accordance with those Credit Terms. Equipment requiring special design and manufacture shall be paid for on the following basis: 10% on acceptance of order, 20% on completion of drawings, 60% on completion of manufacture, 10% on delivery.
5. Suspension RB may suspend performance in the event that any part of Buyer’s account is overdue and may at its discretion charge interest at the then ANZ Prime Bank Overdraft Rate on so much of the monies due but unpaid. RB shall be entitled to pro rata progress charges for part deliveries.
6. Delivery and Risk Signed delivery dockets will be conclusive proof of receipt of delivery of the Goods in good condition. Risk in the Goods shall pass to Buyer on delivery.
7. Title Title in the Goods shall not pass to Buyer until the full price has been paid to RB. If prior to transfer of title, Buyer sells the Goods or uses the Goods in some process, then Buyer will hold the proceeds of such sale or process in trust for RB.
8. Default If Buyer breaches these terms of sale, fails to make payments to RB when due, goes into insolvency or bankruptcy or enters into a deed of arrangement or composition with its creditors, RB may without prejudice to its other rights, retake possession of the Goods from Buyer’s site and/or suspend further deliveries. Buyer shall indemnify and keep RB indemnified against all costs and liabilities incurred by RB arising from its entry on Buyer’s site and/or suspend in exercise of RB ’s rights.
9. Returns RB will accept return of Goods within 14 days of delivery, subject to payment of a service charge or restocking fee by RB and provided the Goods are in the condition as delivered to Buyer. No return of specially designed or manufactured goods will be accepted.
10. Brochures Illustrations of the Goods in RB ’s brochures and catalogues are not to be taken as exact representations of the Goods.
11. Cancelled or Varied Orders RB reserves the right to charge for the cost of materials used or purchased and the cost of labour incurred and all other costs associated with any order cancelled or altered by Buyer.
12. Licences and Approvals Buyer shall be responsible for obtaining all licences, consents, permits and approvals in connection with the use of the Goods.
13. Limited Warranty RB warrants that the Goods will be free from defects and of merchantable quality. All other warranties, express or implied, are hereby excluded.
14. Limitation of Liability Notwithstanding anything else contained in these Terms of Sale, RB shall under no circumstances be liable to Buyer in connection with the Goods for any loss of use, loss of profit or consequential loss, whether arising in negligence or otherwise. To the extent permitted by law, RB ’s liability to Buyer is limited to the repair or replacement of the Goods.
15. Delays RB shall not be liable to Buyer for any costs, losses or damages caused by any delays in delivery, which are beyond the reasonable control of RB.
16. GST If RB has any liability to pay the Goods and Services Tax (“GST”) on any goods or services supplied to Buyer, Buyer shall pay to RB the amount of such GST or any other duty or statutory charge in connection with the sale of the equipment at the same time as payment is made for those goods or services.
RB – TERMS OF HIRE
1. General These Terms of Hire constitute the entire agreement between RB Scaffolding (RB) and Hirer concerning the hire of equipment (‘Equipment’) and the supply of services by RB to the Hirer, and shall prevail over all conditions appearing on any document of Hirer.
2. Quotations A quotation given by RB shall not constitute an obligation to hire and no contractual relationship shall arise until Hirer’s order has been accepted in writing by RB by way of an Order Confirmation or Contract between the parties, which is subject to these Terms and Conditions.
3. Price Unless advised otherwise in writing by RB all prices quoted by RB are exclusive of GST. In addition to prices quoted or charged by RB, Hirer shall be responsible for all applicable taxes and statutory charges.
4. Invoicing Invoices shall be paid prior to delivery of hire services or if RB has provided the Buyer with Credit Terms in accordance with those Credit Terms.
5. Delivery A representative may be appointed by Hirer for the sole purpose of checking the quantity of material delivered and the time of delivery. If no representative is provided, Hirer agrees that RB shall be able to affect delivery and/or pick up of Equipment at its absolute discretion without the necessity for a representative of Hirer to be present. Conclusive proof of receipt of the quantity, date and description of Equipment delivered, and delivery of the Equipment in good condition will be evidenced by the delivery docket.
6. Risk Risk in the Equipment shall pass to Hirer at the time Hirer takes delivery of the Equipment.
7. Authority A signature of any officer, employee or agent of Hirer may be taken by RB and shall be sufficient evidence to RB of the authority to sign on behalf of Hirer.
8. Return of Equipment by Hirer Unless RB agrees otherwise in writing, Hirer shall be responsible for the return of the Equipment to RB. Return of the Equipment upon expiry of the hire period will only be accepted by RB at the depot from which it was obtained, during normal business hours. At the same time as returning the Equipment, Hirer may provide a representative to check the quantity and description of Equipment and time of return is as stated on the return docket. If no representative of Hirer is provided, the return docket shall be conclusive evidence as to the quantity, description, date, condition, state of repair, and time of return. In all cases of returns whether by Hirer or RB, the Equipment should be stacked, cleaned and sorted in the same manner as received when delivered. Any restacking and sorting will be at the cost of Hirer. Hirer agrees that it will return all Equipment hired by it without any chemical, concrete, paint, hazardous or dangerous substances or any other material affecting the Equipment. No damaged Equipment will be accepted by RB, and RB retains absolute discretion to continue to charge hire costs until the Equipment is returned in a clean and safe condition into RB stock.
9. Loss and Damage Hirer shall be responsible for all theft, loss and damage to the Equipment while in the Hirers possession care or control, and the cost of replacement or repair will be charged to Hirer at RB ’s latest current list price.
10. Use on Site Hirer may use the Equipment only on the site specified in Hirer’s Order and may not transfer the Equipment to any other site without RB ’s written approval. Hirer shall not erect any of the Equipment in such a manner as to make it a fixture to land.
11. Site Preparation If RB is to be responsible for erection of the Equipment, Hirer shall ensure that the site is cleared and ready for erection of the Equipment and that the foundations, footings or the structures upon which the Equipment is erected/connected must have adequate bearing and strength capacity to withstand and support all forces imposed on them from the Equipment.
12. Dry Hire Period Hire of the Equipment shall commence from the day Hirer takes delivery of Equipment until the day of return of the Equipment, with both of these days charged as whole days. No allowance on hire will be made for holiday periods, weekends, inclement weather, industrial action, transport delays or Government interference. A minimum of four (4) weeks hire applies unless otherwise expressly written in the Quote.
13. Hirer’s Obligations The Hirer shall: (a) prior to use of the Equipment, satisfy itself as to its condition and suitability for the purpose required; (b) use the Equipment in a skillful, proper and safe manner and only for the purpose and within the capacity for which it was designed and in accordance with the relevant Australian Standards; (c) ensure the Equipment is erected and dismantled by competently trained or certified persons as per Australian Standards in a manner that is specified by RB in its General Assembly Recommendations. (d) maintain and check the Equipment regularly to confirm it is in good condition, fair wear and tear excepted; (e) indemnify RB against all claims and liabilities arising out of the use or servicing of the Equipment; (f) not sell, mortgage, sub-hire, pledge, lease or otherwise deal with any of the Equipment unless the owner’s written consent is obtained. (g) not alter the Equipment from the state in which it was hired; and (h) ensure that all safety and operating instructions relating to the Equipment are observed. (i) ensure that hazard identification, risk assessment and risk control measures are carried out on site for the installation of Equipment and that all users are trained in the safe use of the Equipment.
14. Transport Unless RB agrees otherwise in writing, Hirer is responsible for the cost of delivery and pick-up of goods to and from the RB premises and where deemed necessary by RB, Hirer shall provide loading and unloading Equipment at its own cost. The loading and unloading of Equipment collected by RB is the responsibility of Hirer. Transport charges as specified are for loading or unloading at designated site during RB ’s normal business hours. Waiting time and delivery outside RB ’s normal business hours will incur additional charges. Where Hirer has requested delivery and adequate access is not provided such that delivery cannot be performed, Hirer will be liable for all transport charges and/or waiting time.
15. Collection by RB Where RB has agreed in writing to collect the Equipment, a request to RB to collect the Equipment must be received by RB at least two days before collection shall be required. RB will record evidence of the request for pick up on an REQUEST TO PICK UP docket. Hirer must request an identifying pick-up advice number to evidence its request. Delays during pick up or restacking for transport are to the Hirer’s account.
16. No Removal of Markings Hirer shall not remove deface or cover up any plates or marks on the Equipment indicating its ownership.
17. Right of Inspection RB shall at all times have the right to inspect any of the Equipment. The Hirer shall indemnify RB for any damages arising out of RB ’s entry of the site to inspect the Equipment.
18. Licences and Approvals Hirer shall be responsible for obtaining all licences, consents, permits and approvals in connection with the use of the Equipment.
19. Default RB reserves its rights to terminate this agreement at any time without notice to Hirer if Hirer breaches these Terms of Hire, fails to make payments to RB when due, goes into insolvency or bankruptcy or enters into a deed of arrangement or composition with its creditors, RB may without prejudice to its other rights, retake possession of the Equipment from Hirer’s premises and/or suspend further deliveries. Upon termination, RB may continue to charge hire at the current rate until the Equipment is returned to RB ’s depot and/or charge Hirer for repair of damages or cleaning of the Equipment that may be required. The loading of Equipment collected by RB is the responsibility of Hirer. The cost of repossession and transport of the Equipment shall be borne by Hirer. The cost of dismantling and stacking erected equipment or stacking dismantled equipment by RB will be to the Hirer’s account. Hirer will provide all necessary permission for RB to enter the site to repossess the Equipment and indemnify RB for any damages arising out of RB ’s entry of the site to remove the Equipment. RB ’s repossession of the Equipment shall not affect the right of RB to recover outstanding payments under the contract and RB reserves its right to pursue any addition remedies available to it.
20. Brochures Illustrations of the Equipment in RB ’s brochures and catalogues are not to be taken as exact representations of the Equipment.
21. Cancelled or Varied Orders RB reserves the right to charge for the cost of Equipment used or purchased and the cost of labour and transport incurred for any order cancelled or altered by Hirer.
22. Limited Warranty RB warrants that the Equipment will be of merchantable quality and free from defects. All other warranties, expressed or implied, are hereby excluded.
23. Limitation of Liability Notwithstanding anything else contained in these Terms of Hire, RB shall under no circumstances be liable to Hirer in connection with the supply of the Equipment and Services for any loss of use, loss of profit or consequential loss, whether arising in negligence or otherwise. To the extent permitted by law, RB ’s liability to Hirer is limited to the resupply of the Equipment or Services.
24. Delays RB shall not be liable to Hirer for any costs, losses or damages caused by any delays in delivery or erection, which are beyond the reasonable control of RB.
25. GST If RB has any liability to pay the Goods and Services Tax (“GST”) on any Equipment or services supplied to Hirer, Hirer shall pay to RB the amount of such GST at the same time as payment is made for those goods or services including any other applicable taxes.