Terms&conditions2016

Page 1

CLASS ONE HOUSE, SEABEGS ROAD, BONNYBRIDGE, STIRLINGSHIRE FK4 2AQ

Telephone: 01324 810222 Fax: 01324 810444

and Plant and Equipment Terms and Plant Conditions

email: mail@classone.org website: www.classone.org

Equipment Terms and Conditions 10. Public Holidays

1. Traffic Management Hires 1. Traffic Management The customer Hires hiring plant or equipment shall be responsible for The customer hiringthat plant or equipment shall be responsible ensuring plant or equipment hired from Class for Oneensuring Traffic that plant or equipment hired from Class One Traffic Management be Management shall be returned in the same condition asshall it was Failure to return the same condition may returned inhired. the same condition as itequipment was hired.inFailure to return equipment result in costs the hirer. These be costs sufficient in the same condition maytoresult in costs to thecosts hirer.will These will to be restore thethe equipment to itstocondition at theatpoint hire.of Costs sufficient to restore equipment its condition the of point hire. depending on extent of work required carriedout. out. Costs maymay varyvary depending on extent of work required totobebecarried 2. Road Marking 2. Insurances a) Site/ work area must be available on our arrival, any standing The hirer must ensure they have sufficient insurance in place to cover time will be charged. potential loss or allowance damage to our equipment. The hirer is responsible b) No is made for forced drying or surface cleaning for of carriageway and any markings laid afterfrom forced cannot be theft of plant or equipment, including fire damage thedrying time equipment guaranteed andOne is entirely at the risk and responsibility of One our has been placed by Class personnel, until it is collected by Class personnel,client. or returned to our depot, as well as any legal costs attributed to c) process. If the condition offor thelost carriageway or the weather will is judged by the recovery Charge or damaged equipment be based us to be unsuitable, we shall not be obliged to proceed on on replacement value plus administration fee. The hirer must except indemnify receipt of an express instruction from our client, who shall be Class One for any claim arising whatsoever as a result of the hire. entirely responsible for all work carried out under such 3. Repair Costs instruction. All prices arefor based onfor application to bitumen bound surfaces. The hirer isd)responsible costs attributable breakdowns. The hirer Any laid on concrete/ block/ cobble checks surfaceson willequipment incur a 20% is responsible for carrying out maintenance i.e. uplift. ensuring sufficient level of oil, fuel, water etc. The hirer is responsible for Contract will be subject equipment,e)and any damaged cables.to re-measurement on completion of works. 4. Third Party Costs f) In cases where only small quantities of work are made We cannotavailable, be held liable for any costs associated minimum visit charge applies. with 3rd party responses to our sites. costs will be passed onto the hirer. We cannot be held 3.These Insurances must ensure they sufficient We insurance in place to responsibleThe forhirer any consequential losshave whatsoever. will endeavour to potential loss or damage topractically our equipment. Thehowever, hirer is work in linecover with your requirements as far as possible, responsible for theft of plant or equipment, including in the event of any financial loss, consequential or not, we willfire notdamage accept from the equipment been by Class costs associated withtime said loss. Pleasehas ensure youplaced insure against thisOne risk. personnel, until it is collected by Class One personnel, or 5. Off Hires returned to our depot, as well as any legal costs attributed to the Anyone calling our office willCharge be given unique referenceequipment number. This will recovery process. fora lost or damaged will be pertain to based an instruction. Without value. this reference there will Class be no on replacement The hirernumber must indemnify One for any claimthis arising a result of advising the hire. us of record of your instruction, is towhatsoever eliminate aascontractor Repair an off hire 4. which weCosts have no knowledge of, in these circumstances your The hirerwill is prove responsible for costs for reference number your instruction wasattributable given and breakdowns. accepted by The hirer is responsible for carrying out maintenance checks on us. equipment i.e. ensuring sufficient level of oil, fuel, water etc. The 6. Instructions hirer is responsible for equipment, and any damaged cables. Any instruction requiring Class One to carry out work on behalf of a client 5. Third Party Costs must be made in writing or email. verbal orassociated telephonewith instruction We cannot be held liable forAany costs 3rd partyis to our sites. These costs will be hirer. insufficient.responses We require an actual auditable record topassed give us onto boththe a degree cannot responsible for any must consequential of evidenceWe in the eventbe of aheld dispute. All instructions be made toloss the Wetowill endeavour to work in lineprocessed. with your dedicated whatsoever. Project Manager ensure the request is properly requirements as far as practically possible, however, in the event 7. Cancellation of any financial loss, consequential or not, we will not accept Any cancellation within 24 hours theloss. start ofPlease the work will incur full costs associated with of said ensure you the insure charge foragainst the works. Any cancellation between 24 and 48 hours of the this risk. start of the6.work will incur a charge of 50% of the total value of the works. Off Hires Anyone calling our office will be given a unique reference 8. Inclement Weather number. This will pertain to an instruction. Without this reference Where work is cancelled due to inclement/adverse weather conditions, we number there will be no record of your instruction, this is to will expecteliminate payment aincontractor full for resources advisingallocated us of an to offthe hireproject which affected. we have 9. Minimum no Period knowledge of, in these circumstances your reference number will proveisyour instruction was given andhire. accepted by us. Hire of equipment based on a minimum 3-day Instructions 10. Public 7. Holidays Any instruction requiring Class One to carry out work on behalf of A 70% Public Holiday will apply to costs on the A following dates: New a client mustuplift be made in writing or email. verbal or telephone Years Day, instruction 2nd January, Good Friday, Mondayrecord in May, is insufficient. WeEaster requireMonday, an actual1st auditable to Last Monday May, Monday in September, Boxing giveinus bothLast a degree of evidence in the Christmas event of a Day, dispute. All Day. instructions must be made to the dedicated Project Manager to ensure the request is properly processed. 11. Payment Terms Cancellation a) Payment8. Terms 30 days from date of application/invoice and will be Any cancellation within 24 hours of the start of the work will agreed prior to contract starting. incur the full charge for the works. Any cancellation between 24 b) All payments tohours be made bystart the hirer shall bewill made without withholding and 48 of the of the work incur a charge of 50% or set off on account of disputes, counterclaims or for any other reason of the total value of the works. whatever. 9. Inclement Weather Where work is cancelled due to inclement/adverse weather conditions, we will expect payment in full for resources allocated to the project affected.

A 70% Public Holiday uplift will apply to costs on the following dates: New Years Day, 2nd January, Good Friday, Easter Monday, Invoice 1st 12. Monday in Queries May, Last Monday in May, Last Monday in Invoice Christmas queries will notBoxing be accepted unless notified in writing within September, Day, Day. 14 days of receipt of invoice. 11. Minimum Period Hire of equipment is based on a minimum 3-day hire. 13. Retention 12. Payment TermsPenalties We reserve thedays rightfrom to be excluded from retention monies Payment Terms 30 date of application/invoice and will beas all our agreed prior to contract starting. work is temporary, also as we do not benefit from bonuses we do not 13. Retention Penalties accept lane rental charges. We reserve the right to be excluded from retention monies as all 14. Liability our work is temporary, also as we do not benefit from bonuses we do not accept lane rental charges. Our customer accepts that when we install a traffic management 14. Liability system whether our client has a representative on site or not our Our personnel customer accepts when a trafficismanagement will not that leave site we untilinstall the system safe and compliant, system whether our client has a representative on site or not our with our design or chapter 8 recommendations. We cannot accept personnel will not leave site until the system is safe and compliant, forchapter site integrity once we have vacated the site as there are with any our liability design or 8 recommendations. We cannot accept factorsfor that may affectonce the site outwith any liability site integrity we that haveare vacated theour sitecontrol. as there are factors that may affect the site that are outwith our control. 15. Limitations 15. Limitations We cannot accept liability forclaims any claims arising alterations to our We cannot accept liability for any arising from from alterations to originalsystem systemlayout. layout. our original 16. Terms of Engagement 16.we Contracharges Where are engaged in 24-hour site maintenance, this means we The to total liability of Class Onea Traffic Management Ltdsite shall in no are paid maintain a site 24 hours day. We will ensure the a sum to 125% of the task trafficcircumstances management exceed equipment is equal maintained properly and rate. any emerging fault rectified. To this end, we will indemnify our clients Engagement from 17. anyTerms third of party claim relating to signs being disturbed by Where we are engagedOut in 24-hour maintenance, thisfor means we adverse weather conditions. with thissite concession, all risks equipment willtobe the responsibility of our customers. We operate are paid maintain a site 24 hours a day. We will ensure the site traffic an emergency call out service at additional properly cost. All customers management equipment is an maintained and any emerging should have in place liability andfrom any fault rectified. To adequate this end, all we risk, will employer’s indemnify our clients public liability insurance to ensure that they can meet anyby insurance third party claim relating to signs being disturbed adverse weather claims whatsoever arising from the traffic management system. conditions. Out with this concession, all risks for equipment will be 17. Exclusions the responsibility of our customers. We operate an emergency call Our quotation/estimate is based on the information provided at the at an additional All customers have in place time out andservice not any other contractcost. programme unless should specifically adequate all risk, employer’s liability and We public insurance to referred to. Quotations are valid for 90 days. do liability not include ensure that they can meet claimsWide whatsoever within our quotes provision for any TSO,insurance Deputy TSO, Load arising from traffic management system. Officer or the Banksmen, unless specifically requested and detailed on our quotations. It is assumed that the main contractor will supply 18. Exclusions suitable and safe compound (hard standing) with shared welfare facilities of charge. Our free quotation/estimate is based on the information provided at 18. Additional Costs the time and not any other contract programme unless specifically Costs incurredto.byQuotations us during are the planning TTRO Road referred valid for stage 90 days. Wes,do not include Closure Permits, Council Charges, associated advertising costs; etc within our quotes provision for TSO, Deputy TSO, Wide Load Officer will be passed on by us regardless of the cancellation period. or Banksmen, unless specifically requested and detailed on our 19. Title To Equipment quotations. Itremains is assumed the main will Traffic supply suitable All equipment the that property of contractor Class One and safe Ltd. compound (hard standing) with shared welfare facilities free Management of charge 20. Acceptance Any company or individual engaging our services will be deemed to Costs have19. fullyAdditional accepted our terms and conditions. 21. Subcontract Or by Cross Hire the planning stage TTRO s, Road Closure Costs incurred us during These terms Council and conditions also toadvertising any trafficcosts; management Permits, Charges,apply associated etc will be passed sub contractor engaged by us. cancellation period. on by us regardless of the 22. Alteration Waiver Terms conditions may be subject to change by us without prior 20.and Title to Equipment notice. All equipment remains the property of Class One Traffic Management Ltd.

21.HAVE Acceptance WE READ AND UNDERSTOOD THE TERMS AND Any company or individual engaging our services be deemed to have CONDITIONS ABOVE AND AGREE TO ADHERE TO will THEM THROUGHOUT CONTRACT BETWEEN OUR COMPANY fully accepted ANY our terms and conditions. AND CLASS ONE TRAFFIC MANAGEMENT LTD.

22. Subcontract or Cross Hire These terms and conditions apply also to any traffic management sub contractor engaged by us.

FOR AND ON BEHALF OF (YOUR COMPANY NAME):

SIGNED: 23. Alteration Waiver

DATE:

Terms and conditions may be subject to change by us without prior notice. PRINT: POSITION (MUST BE AUTHORISED SIGNATORY)

ISO 9001

V5.0

Registered

Quality Management

16/10/12

015 ISO 9001 Registered

V6.4

Quality Management

015

03/10/16


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