Scaffxpert General Terms and Conditions
Definitions
In these general terms and conditions, the following terms have the meanings set out below:
- Scaffxpert: Scaffxpert and/or any subsidiary;
- Purchaser: the party with whom Scaffxpert enters into an agreement;
- Goods: all goods delivered or to be delivered by Scaffxpert under the agreement, or services or work performed;
- Offer: the offer submitted by Scaffxpert;
- Agreement: any agreement relating to the sale, rental, assembly/disassembly and delivery of goods, as well as any addition or amendment thereto.
Scope
These general terms and conditions apply to all offers or commitments that Scaffxpert makes to the customer.
Unless Scaffxpert expressly accepts them, Scaffxpert hereby rejects the applicability of the customer’s general terms and conditions.
Formation of the agreement
All offers and quotations provided by Scaffxpert are non-binding and may be revoked or withdrawn by Scaffxpert at any time. The agreement becomes binding for Scaffxpert from the date it has been expressly accepted by Scaffxpert.
If an order is placed without a quotation having been requested, Scaffxpert will carry out the order at list price according to the current price list.
Delivery
The delivery time or delivery date stated or accepted by Scaffxpert is indicative and does not entitle the purchaser to any claims whatsoever.
The goods are deemed to have been delivered in good condition and in accordance with Scaffxpert’s standard product specifications unless the customer has notified Scaffxpert in writing of any defects in the delivery without delay, but in any event within 5 days. Delivery is always ex Scaffxpert’s premises, unless otherwise agreed in writing.
Prices and payment
Prices exclude VAT, fees/surcharges, packaging and transport costs.
Payment must be made within 30 days from the invoice date, unless otherwise agreed.
Title, risk and retention of title
Ownership of the goods does not pass to the customer until all Scaffxpert’s rights and claims under the agreement have been fulfilled. Until ownership has passed to the customer, the customer shall secure and label the goods so that they can always be identified as Scaffxpert’s property.
Scaffxpert is entitled to retention or a lien in the goods sold and delivered (or to be delivered), despite any transfer of ownership to the purchaser, until Scaffxpert has received full payment. Scaffxpert is entitled to register this right of ownership, retention or lien.
The purchaser may not dispose of, pledge or retain the goods in any way as long as they are the property of Scaffxpert or as long as a right of distraint or non-possessory pledge exists.
If the customer fails to fulfil their obligations under the agreement, or if there is reasonable doubt that they will not do so, Scaffxpert is entitled to remove or have the goods removed from the customer’s or a third party’s premises. The customer is obliged to provide all necessary assistance for this at their own expense.
Risk for the goods passes to the purchaser upon delivery. The purchaser undertakes to insure and keep the delivered goods insured against loss or damage, such as fire, explosion damage, water damage and theft, and, at Scaffxpert’s request, to allow the insurance policy to be reviewed.
Assembly/dismantling
All agreed assembly work is carried out by Scaffxpert in accordance with these general terms and conditions, unless otherwise stated in this article, and based on the data, drawings, specifications and information provided by the customer, for which the customer is responsible as to accuracy, completeness and adequacy.
The customer shall provide access to the construction site in time and without obstacles, have applicable and valid permits and licenses, sufficient storage space and crane and forklift facilities, and ensure that the assembly/dismantling work can be carried out without interruption and continuously. Assembly work includes transport to the customer’s premises and loading.
Scaffxpert is deemed to have performed the work satisfactorily when the scaffold has been erected in accordance with the drawings, data, specifications and information provided. Dismantling work includes loading and transport of the goods from the customer’s premises.
Scaffxpert is not liable for damage to or loss of the customer’s existing property. The customer shall indemnify Scaffxpert against all claims.
Warranty
Provided that the goods are used in a professional manner by the customer, Scaffxpert guarantees that the goods will conform to Scaffxpert’s standard product specifications. No implied warranty, such as fitness for a particular purpose, merchantability or hidden defects, applies. This warranty is limited to 2 years from the date of delivery, with a one-time extension of one year for repaired or replaced goods in the event of defects.
The purchaser must immediately and without delay notify Scaffxpert in writing of any defects, which only refers to Scaffxpert’s failure to fulfil the warranty in accordance with item 1 above, and give Scaffxpert the right to remedy the defect within a reasonable time.
The purchaser must fully and within the specified time follow all instructions and/or directions given by Scaffxpert regarding the defective goods. The purchaser shall use the goods in a professional manner and regularly check and inspect the goods and may not use the delivered goods for any purpose other than that for which they are intended, otherwise the purchaser shall be deemed to have waived all its rights and remedies against Scaffxpert.
Goods may only be returned after written approval from Scaffxpert. Return shipments are at the customer’s expense and risk.
Responsibility
Scaffxpert is not liable for damage, personal injury or death caused by defects in goods delivered by Scaffxpert to the customer or third parties, unless the defect is due to gross negligence or intent on the part of Scaffxpert. The customer shall indemnify Scaffxpert against all claims.
Scaffxpert’s liability under the agreement, in tort and under law, is limited to the relative contract amount.
Scaffxpert is not liable for indirect damage or loss, including but not limited to indirect or consequential damage, such as loss of profit, loss of production, loss of revenue or damage or loss caused by business interruption.
Termination
If either party fails to fulfil its obligations, the other party shall notify this and allow a reasonable time to remedy the breach. If the defaulting party does not remedy the breach, the other party is entitled to suspend or terminate the agreement.
If the purchaser does not pay on time, outstanding and overdue payments will automatically be subject to interest at 10% per year from the due date.
If Scaffxpert is forced to take debt collection measures, the purchaser shall reimburse all costs arising therefrom.
Scaffxpert is entitled at any time to demand security from the customer for the payments to be made.
Force Majeure
In the event of Force Majeure, meaning any unforeseen or unforeseeable circumstances beyond a party’s reasonable control, that party is released from its obligations without the other party being entitled to claim costs or damages during the Force Majeure period. The parties agree that the purchaser’s payment obligation cannot be waived due to Force Majeure.
Remedies
The parties agree that their rights and remedies shall be as set out in these general terms and conditions and that no statutory remedies shall apply.
Disputes and applicable law
The laws of England and Wales shall apply. The Vienna Convention on the International Sale of Goods is expressly excluded.
Any disputes shall be settled by the competent commercial court in London.
Entry into force
These general terms and conditions entered into force on 22 April 2025 and replace the previously applicable terms and conditions of Scaffxpert.
