When Quality Counts

PRECISION SCAFFOLDING PTY LTD

15 Thornton Cres,

Mitcham, VIC 3132

(03) 9872 5066

Terms & Conditions

​​​​1. Appointment

The Customer appoints Precision Scaffolding Pty Ltd (ACN 106 194 183) (“Precision Scaffolding”) to provide the services contained in "Precision Scaffolding Pty Ltd Responsibility" of the Schedule and Precision Scaffolding shall provide such services for the Fee contained in "Costs" of the Schedule. The Customer’s acceptance of services shall consist of acceptance of the Terms and Conditions contained herein and cannot be amended unless in writing and signed by Precision Scaffolding.
 

2. Access and site requirements

2.1 The Customer must provide Precision Scaffolding and its employees, agents and sub-contractors with reasonable, uninterrupted, exclusive access to the site for the purposes of enabling Precision Scaffolding to meet its obligations in providing the Service.
2.2 Precision Scaffolding must be provided with sufficient area for delivery of the scaffold materials within ten (10) metres of where the scaffold is to be installed.
2.3 The Customer must ensure that there is a two (2) metre clearance surrounding the perimeter of the building where the scaffold is to be erected.

 

3. Period of hire and changes

3.1 The period of hire shall commence from the commencement date agreed to in writing by Precision Scaffolding or from the date the Equipment is delivered to the Customer, whichever is the later and will cease when the Equipment is returned to Precision Scaffolding or, if the Customer notifies Precision Scaffolding in writing that the Equipment is available for return at a particular place, when it is picked up by Precision Scaffolding from such place provided the Customer shall cause the Equipment to be picked up within seven (7) days after such notification is received.
3.2 The Customer agrees to notify Precision Scaffolding of any changes or cancellations to the Services, including confirmed and/or proposed installation and dismantle dares, ensuring a minimum of five (5) clear working days’ notice is given.
3.3 The Customer acknowledges that failure to provide notice as outlined above will incur an additional cost of $400.00 plus GST.

 

4. Use of Equipment

4.1 The Customer shall at all times use the equipment in a skilful and proper manner and shall at his own expense maintain the equipment in good and substantial repair and condition, reasonable wear and tear excepted.
4.2 The whole or any part of the cost incurred by Precision Scaffolding arising out of any failure by the Customer to property maintain the Equipment will be borne by the Customer.
4.3 Before use, the Customer shall examine the Equipment and satisfy themselves as to the quality of fitness for the purpose of the Equipment. If in any way the Equipment is defective or unsuitable for the purpose of the
Customer, the Customer must notify Precision Scaffolding who shall examine and replace the equipment accordingly, without liability.
4.4 The Customer acknowledges that they are not relying on any representations made by or on behalf of Precision Scaffolding in respect of the Equipment or its performance.

​​​​​​

5. Damage to Equipment

5.1 During the period of hire, the Customer shall be responsible for any loss or damage to the Equipment, whether such loss is cause by the negligence of the Customer or any person under its control or for any other reason whatsoever.
5.2 Where the Customer is responsible for damage or loss to the Equipment, the whole or any part of the cost of replacement or repair to the Equipment will be borne by the Customer.
5.3 The Customer indemnifies Precision Scaffolding in respect of all action, claims, suites, demands or expenses of the Customer or any person in relation to or arising out of the use or possession of the Equipment by the Customer or any person under its control during the Period of Hire.

 

6. Ownership

6.1 Ownership or property in the Equipment remains with Precision Scaffolding at all times and does not pass to the Customer.
6.2 The Equipment or any part must not be lent, rehired or sub-let to any person by the Customer.

 

7. Obligations

The Customer is responsible to:
i. Supply a full set of final working drawings and all scaffolding details of the works to Precision Scaffolding.
ii. Ensure that the site complies with Worksafe and Department of Health Regulations.
iii. Ensure that all required permits are obtained and the Services are safe to work near prior to Precision Scaffolding commencing the Services.
iv. Cover any additional costs for engineering certificates, if required;
v. Notify Precision Scaffolding, in writing, at least seven (7) working days from when the equipment is no longer needed in order to arrange pickup.
 

8. Payment

​​​​​8.1 Precision Scaffolding shall provide progress tax invoices to the Customer detailing monies owing pursuant to the Appointment;
8.2 The Customer must pay to Precision Scaffolding the total Invoice amount within seven (7) days from the date it receives the invoice unless otherwise agrees between the parties in writing;
8.3 In the event that the Customer fails to make payment in accordance with this clause 8, Precision Scaffolding may at its absolute discretion withdraw all workers and charge interest on overdue accounts at the rate fixed from time to time under section 2 of the Penalty
Interest Rate Act 1983 plus four (4) percent per annum, calculated from the due date for payment to and including the day on which the unpaid money is paid in full;
8.4 The Customer will be liable for all additional costs and expenses incurred by Precision Scaffolding in recovery of any debts owed on a full indemnity basis.

9. Termination

9.1 Precision Scaffolding may terminate this Agreement and repossess the Equipment if:
9.1.1 The Customer fails to pay any charges due within seven (7) days of the due date; or
9.1.2 The Customer does or permits any act or thing to be done to the Equipment by way of which Precision Scaffolding’s right in the Equipment may be prejudiced; or
9.1.3 If the Customer should become or is made insolvent or bankrupt or makes any arrangement or composition with its creditor or should any order be made or resolution passed for its winding up.
9.1.4 If the Customer commits a breach of these Terms and Conditions of hire.
9.2 For the purposes of repossessing the Equipment, Precision Scaffolding may enter into or upon any premises whee the Equipment may be, to recover the Equipment from the Customer, without prejudice to the rights of Precision Scaffolding and recover from the Customer in respect of any claims, damages prior expenses arising out of any action taken under this clause.
9.3 On Precision Scaffolding repossessing the Equipment the determination of the Period of hire shall be without prejudice to any claim or demand Precision Scaffolding may have against the Customer in respect of any matter or thing arising out of the Hire of the Equipment and the Customer shall pay to Precision Scaffolding hiring charges at the rate determined by Precision Scaffolding for the period of hire up to the time of repossession.
 

10. Guarantee

10.1 If the Customer is a company, the director(s) of the company may be required to provide personal guarantees at the absolute discretion of Precision Scaffolding.
10.2 In consideration for Precision Scaffolding agreeing at the Guarantor’s request to supply Services to the Customer, the Guarantor agrees with Precision Scaffolding as follows:
10.2.1 To guarantee and to be answerable and responsible to Precision Scaffolding for the due and proper payment of all moneys that are or may at any time after this date become due and payable by the Customer;
10.2.2 To keep Precision Scaffolding indemnified from and against all losses, costs, charges and expenses which Precision Scaffolding may suffer or incur because of any breach of this Agreement by the Customer;
10.2.3 This is a continuing guarantee to Precision Scaffolding for all debts contracted by the Customer with Precision Scaffolding and will not be affected or discharged by the receivership, official management, liquidation, bankruptcy or death of the Customer or any disclaimer by a liquidator or trustee of the Customer or the death of a Guarantor and the Guarantor must not compete with Precision Scaffolding for any dividend or distribution in any winding up, bankruptcy, scheme of arrangement or similar of the Customer.
10.3 Precision Scaffolding may treat the Guarantor as though the Guarantor was jointly and severally liable with the Customer to Precision Scaffolding instead of being merely a surety.

 

11. Notices

Any notice necessary or required to be given in accordance with this Agreement shall be delivered by hand or sent by pre-paid post to the person to whom it is necessary or required to be given at the address appearing in the premises to this Agreement or where written notice of a new address has been provided, to that new address.
 

12. No Waiver

At any time or other indulgence granted by Precision Scaffolding to the Customer or any variation of the Terms or any judgement or order obtain by Precision Scaffolding against the Customer will not in any way amount to a waiver of any of the rights or remedies of Precision Scaffolding in relation to this Agreement.
 

13. Severability

If a court, arbitrator, tribunal or other competent authority determines that a word, phrase, sentence, paragraph or clause of this Agreement is unenforceable, illegal or void then it must be severed and the other provisions of this Agreement will remain operative.
 

14. Further Assurance

Each party must promptly at its own cost do all things (including executing all documents) necessary or desirable to give effect to the Agreement.
 

 

15. Force Majeure

15.1 Precision Scaffolding is not liable for delay or failure to perform any of its obligations under this Agreement to the extent that the performance of such obligation is prevented by a force majeure event.
15.2 Precision Scaffolding shall notify the other party of the occurrence of such a force majeure event and shall use all reasonable endeavours to continue to perform its obligations hereunder for the duration of such force majeure event. However, if any such force majeure event prevents it from performing all of its obligations hereunder for two (2) weeks, the other party may terminate the Agreement by notice in writing.
15.3 For the purpose of the Agreement, a force majeure event means any event which is beyond the reasonable control of the party and prevents performance, provided that lack of funds shall not constitute a force majeure event, and shall include but not be limited to riots, acts of war, acts of Government, acts of terrorism, industrial disputes (not being an industrial dispute only affecting workforce of the party claiming force majeure, epidemics, fire, power failure, acts of God, weather conditions. Mechanical problems with trucks or natural disasters.

 

16. Indemnity

16.1 The Customer must continually indemnify Precision Scaffolding from and against all or any losses, damages, claims, actions, suits, proceedings, demands, costs and expenses incurred by Precision Scaffolding whether direct or indirect arising out of a claim by a third party in relation to the Services and against any loss (including legal costs and expenses on an indemnity basis) caused by:
16.1.1 A breach by the Customer of its obligations under this Agreement; or
16.1.2 Any wilful, unlawful or negligent act or omission by the Customer.
16.2 Where the Customer requests scaffolding to be erected on surfaces other than the ground, including but not limited to roofs, balconies etc, the Customer shall further indemnify Precision Scaffolding and it’s servants and agents in respect of all claims, damages and expenses in relation thereto.
 

17. Entire Understanding

The Agreement comprising these Terms and Conditions and the Schedule is the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement and supersedes any prior agreement or understanding on anything connected with that subject matter.
 

18. Variation

The Agreement may only be amended or supplemented in writing signed by the parties.
 

19. Additional Provisions

Any additional provisions set out in "Additional Provisions" of the Schedule:
i. Bind the parties; and
ii. If inconsistent with any other provisions of this Agreement, override them.

 

20. Mediation and Disputes

20.1 The parties must attempt to resolve any dispute by the mediation procedure. The procedure is:
20.1.1 Either party may start mediation by serving a mediation notice on the other.
20.1.2 The notice must state that a dispute has arisen and identify what is in dispute.
20.1.3 The parties must jointly appoint a mediator. If the parties fail to agree on the appointment within 14 days of
service of the notice, a mediator will be appointed by the president of the Law Institute of Victoria upon application by either party.
20.1.4 The parties must observe the instructions of the mediation about the conduct of the mediation.
20.1.5 If the dispute is not resolved in 20 days after the mediator is appointed, or any other time that the parties agree to in writing, the mediation ceases.
20.2 Each party must pay an equal share of the costs of the mediation to the mediator.
20.3 If the dispute is resolved, each party must sign the terms of the agreement and the term are binding on the parties and override the terms of this contract if there is any conflict.
20.4 The mediation procedure is confidential and:
20.4.1 Written statements prepared for the mediator or for a party, and
20.4.2 Any discussion between the parties and between the parties and the mediator before or during the mediation procedure cannot be used in any legal proceedings.

 

21. Authority to bind

The person singing this Agreement warrants to Precision Scaffolding that he or she is duly authorized to do so on behalf of the Customer and:
i. In the case of a corporation, is a director with authority to bind the Customer; and
ii. In the case of a trustee of a trust he or she has the authority to bind the trust and warrants that there is a right of indemnity by the Customer out of the assets of the trust under the trust.

 

22. Governing Law and Jurisdiction

The Agreement is governed by Victorian law and the parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria in relation to this Agreement.
 

23. Installation Time Frame Guarantee

23.1 Upon receipt of a full set of final working drawings and all scaffolding details of the works from the Customer, Precision Scaffolding will provide the Customer with a time frame for the installation of the scaffolding.
23.2 The time frame for the installation of the scaffolding does not include transport of the scaffolding to the premises.
23.3 Should Precision Scaffolding not complete the installation of the scaffolding in the time frame stipulated in writing to the Customer prior to the commencement of the works, the installation fee component of the Services will be borne by Precision Scaffolding, without any further claim by the Customer.
23.4 The Customer acknowledges that the time frame for installation stipulated by Precision Scaffolding does not take into account the following:
23.4.1 inclement weather;
23.4.2 a breach of the Terms and Conditions by the Customer; or
23.4.3 Any event reasonably outside the control of Precision Scaffolding that may affect the advised time frame.
23.5 The Customer acknowledges that Precision Scaffolding may revise the time frame provided to the Customer as soon as practicable upon becoming aware of any event outlined in clause 22.4.

24. Privacy

24.1 The Customer is agreeable to Precision Scaffolding obtaining from a credit-reporting agency, a credit report containing personal credit information about the Customer in relation to credit information about the Customer regarding credit provided by Precision Scaffolding.
24.2 The Customer agrees that Precision Scaffolding may exchange information about the Customer with credit reporting agencies for the following purposes:
24.2.1 to assess an application by the Hirer;
24.2.2 to notify other credit providers of a default by the Customer;
24.2.3 to exchange information with other credit providers as to the status of the credit account, where the Customer is in default with other credit providers;
24.2.4 to assess the credit worthiness of Customer and/or Guarantor/s;
24.2.5 and the Customer being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
24.3 The Customer agrees that personal data provided may be used and retained by Precision Scaffolding for the following purposes and for other purposes as shall be agreed between the Customer and Precision Scaffolding or required by law from time to time:
24.3.1 for the provision of goods; analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of goods;
24.3.2 processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer;
24.3.3 enabling the daily operation of the Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the goods.
24.4 The Customer acknowledges that Precision Scaffolding may give information about the Customer to a credit reporting agency for the following purposes:
24.4.1 to obtain a consumer credit report about the Customer; and/or
24.4.2 to allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.

 

25. Personal Property Securities Act

25.1 For the purposes of this clause the terms used in this clause have the same meaning as contained in the PPSA.
25.2 If Precision Scaffolding determines that any Agreement is or contains a security interest for the purposes of the PPSA, the Customer must, at its own cost and immediately upon Precision Scaffolding’s request do all things reasonably required (including execution of documents) to ensure Precision Scaffolding has a continuously perfected security interest (as defined in the PPSA) created in the Equipment pursuant to any Agreement. This includes, but is not limited to:
25.2.1 providing details of any item of collateral sufficient to complete registration of the security interest in accordance with the requirements of the PPS legislation;
25.2.2 enabling Precision Scaffolding to apply for registration of or give any notification in relation to the security interest;
25.2.3 enabling Precision Scaffolding to exercise rights in relation to the security interest;
25.2.4 procure from any person considered by Precision Scaffolding to be relevant to its security position, such agreements and waivers as Precision Scaffolding may at any time require to ensure Precision Scaffolding attains the highest ranking security possible in respect of the security interest.
25.3 In circumstances where Agreement constitutes a PPS Lease, Precision Scaffolding acknowledges that it is the grantor and Precision Scaffolding is the secured party holder of a Purchase Money Security Interest ("PMSI") by virtue of the Hire Agreement and the PPSA.
25.4 The Customer must not, except with Precision Scaffolding’s express written consent, allow to be, or be liable to become, perfected or attached in favour of any person, a security interest in any of the Equipment, and whether to a provider of new value or otherwise.
25.5 Where permitted by the PPSA, the Customer waives any right to receive the notifications, verifications, disclosures or other documentation specified under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 135 and 157 of the PPSA.
25.6 Precision Scaffolding and the Customer agree to contract out of and nothing in the provisions of sections 96, 125, 129, 142 and 143 of the PPSA shall apply to the Agreement.
25.7 To the extent permitted by the PPSA: the provision of Chapter 4 of the PPSA which are for the benefit of the Customer or which place obligations on Precision Scaffolding will apply only to the extent that they are mandatory or Precision Scaffolding agrees to their application in writing; where Precision Scaffolding has rights in addition to those in Chapter 4 of the PPSA, those rights will continue to apply.
25.8 For the purposes of section 275(6) of the PPSA, the parties agree and undertake that the Agreement and any information pertaining to the rental of the Equipment and details of the Equipment shall be kept confidential at all times.
25.9 Neither party may disclosure any information pertaining to the Agreement or the rental of the Equipment, except as otherwise required by
law or that is already in the public domain. The Customer hereby consents and appoints Precision Scaffolding to be an interested person and the Customer’s authorised representative for the purposes of section 275(9) of the PPSA.

PRECISION SCAFFOLDING PTY LTD

15 Thornton Cres,

Mitcham, VIC 3132

France

(03) 9872 5066