Page 376 - Full GAP Catalogue 2022

374 / Terms & Conditions

properly supervised in situations where the young, elderly or mentally (iii) We may recommend Edge protection in our CAD Design which includes
or physically disabled (whether temporarily through drink or drugs or toe boards, trench sheets or box sides even with this equipment in place
otherwise) are or are likely to use the Equipment. You will be responsible you should still ensure that appropriate head protection is worn and that
for making good any damage or loss caused to the Equipment or to any edges of excavations are protected with substantial barriers.
third party property which occurs as a result of this failure. (iv) You are responsible for ensuring inspection of the evacuation site is
carried out by a competent person who fully understands the dangers
(ii) We will ordinarily service the Equipment once a week (or as otherwise and necessary precautions each day and that plant and machinery is not
agreed in writing). We will not be required to service the Equipment if it parked near to the evacuation site.
has been moved without our consent. It is your responsibility to contact us
if weather conditions have affected your site, which are likely to prevent us (v) Any faults that are found with the Equipment provided should be
carrying out the service. You should ensure that the Equipment is fixed to corrected immediately and reported to us. We provide a temporary works
the ground so that it cannot be removed or fall over. Where the Equipment design only service and take no responsibility for the failure of that design
provided is a portable toilet it is offered in accordance with BS6465 and in use. You are responsible for the safety of and the implementation of
any relevant subsequent standards. We recommend a ratio of 1 toilet to 7 the design on site. The design we have provided should not be used if site
persons where weekly servicing is provided and accept no liability where conditions have changed, or if we have not been provided with all relevant
this recommendation is not followed. Any recommendation we informally information or if on inspection it has not produced a stable and safe
make about the amount of Equipment you may require does not form working space.
part of the contract between us. It is your responsibility to ensure that
all persons using the Equipment are fully aware that the water provided (vi) For the avoidance of doubt if you do not instruct our CAD Design service
as part of the Equipment (if any) is not potable. It is your responsibility to then all trenching shoring equipment is provided on a hire only basis and
ensure that any water used in connection with the operation of the facility we cannot advise on the type or quantity required.
provided is free of contamination including water borne diseases. It is
your responsibility to ensure that all other contamination (including but 17. LOCATION OF EQUIPMENT
without limitation), needles, sharps, and other waste products or foreign
objects are removed from the Equipment before it is returned to us. (We Equipment must not be removed without our authority from any site
will charge you any costs we incur in restoring the Equipment to a clean originally specified by you or from any site we subsequently authorise.
state if this clause is not complied with). It is your responsibility to ensure Where we give authority for you to re-hire the Equipment to a third party,
that the Equipment is not used after the termination of the hire period. you are deemed to retain control of the Equipment from us whether or not
it might remain in your possession. You shall be solely responsible for the
16. PROVISIONS RELATING TO TRENCHING AND SHORING EQUIPMENT payment of all hire charges and liability incurred.

(i) If we provide a CAD Design service for your Trenching and Shoring 18. LIMITS OF OUR LIABILITY- YOUR ATTENTION IS PARTICULARLY
project you will be responsible for providing us with all information DRAWN TO THIS CLAUSE
which could be relevant to the design. This includes but is not limited to
details of the ground conditions on the site, the soil type and angle of any (i) We will not be liable for any delays caused by any circumstances beyond
slope, a geotechnical report including, but not limited to soil pressures, our reasonable control.
the locations of any underground structures, water courses or existing
services in the area, location of scaffold footings, buried services or the (ii) We will not be liable for any indirect consequential or special loss, loss
foundations of nearby buildings or walls adjacent to the site, operational of business, profits, goodwill, contracts, revenues, savings you expected to
activities and vehicular movement. You are responsible for ensuring the make, wasted money, wages, fees or expenses, due to late delivery, non-
accuracy of all information about the site and of any measurements you delivery, unsuitability, breakdown or stoppage of the Equipment or any
provide. Surveys of the foundations and the advice of a structural engineer part of it, even if you have advised us of the possibility of such loss or
may be required in addition to any CAD Design we provide and you should damage.
instruct this separately.
(iii) Nothing in these terms and conditions shall exclude us from liability
(ii) You are responsible for insuring that when implementing any CAD for death or personal injury caused by our negligence, fraudulent
Design we provide that before digging any trench pit, tunnel, or other misrepresentation or any other type of liability which cannot be excluded
excavations, you have the necessary temporary support and all Equipment or limited by operation of law.
including (trench sheets, props, baulks etc.) are available on site before
work starts. (iv) Our total Liability to you whether in Contract, tort, statutory breach
of duty or otherwise, arising under or in connection with the contract