Terms of service.
Effective April 2026
PART A — GENERAL TERMS
1. Parties
These Terms and Conditions apply to all hire and service agreements between Nolan Scaffolding Ltd, trading as Metroscaff and/or Skyreach Ltd ("the Supplier"), and the person, company, or entity entering into the agreement ("the Hirer"). By accepting a quote or allowing the Supplier to commence work, the Hirer acknowledges they have read, understood, and agree to be bound by these Terms.
2. Liability for Delay or Non-Delivery
The Supplier shall not be liable for any loss of business, profit, revenue, or out-of-pocket expenses arising from a delay or failure to deliver or provide the Equipment. The Hirer's sole remedy in the event of delay or non-delivery shall be rescission of the contract solely in respect of the Equipment so delayed or undelivered. This exclusion does not limit any rights the Hirer may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, to the extent those Acts apply.
3. Delivery and Acceptance
Equipment will be deemed delivered in good working order unless the Hirer notifies the Supplier in writing within twenty-four (24) hours of delivery of any defect, damage, or discrepancy. Notification may be made by email or text message to the Supplier's designated contact. Failure to notify within this period constitutes acceptance of the Equipment in the condition delivered.
4. Return of Equipment — Cleanliness and Hazardous Materials
All Equipment must be returned to the Supplier in a clean and serviceable condition. Where demolition or alteration works have been carried out and asbestos or other hazardous materials are identified on site, all scaffold components must be professionally decontaminated by a licensed hazardous materials removal company (in compliance with WorkSafe New Zealand standards and the Health and Safety at Work Act 2015) at the Hirer's sole expense, before the Supplier will attend site to dismantle any scaffold. The Hirer must notify the Supplier immediately upon discovery of any asbestos or hazardous material on site. The Supplier reserves the right to suspend services without liability until a clearance certificate has been provided.
5. Damage, Loss, and Negligence
The Hirer is responsible for replacing or reimbursing the cost of any lost, stolen, or damaged components where such loss or damage arises from the Hirer's negligence, misuse, or abuse of the Equipment. The Hirer shall also be liable for any loss of hire income suffered by the Supplier during any period in which Equipment cannot be re-hired due to required repair or replacement.
6. Retained Planks
Any scaffold planks remaining on site following the dismantling of scaffold will be placed on hire automatically at a rate of $3.00 (plus GST) per plank per week until returned. The Hirer will be notified of any retained planks.
7. Sub-Hire and Removal
The Hirer must not sub-hire, lend, lease, or otherwise transfer possession of any Equipment, or remove Equipment from the site to which it was originally delivered, without prior written consent from the Supplier. Unauthorised sub-hire or transfer will constitute a material breach of this Agreement.
8. Plank Interference
Scaffold planks must not be moved, repositioned, or removed from scaffold structures without the Supplier's prior written permission. Planks must not be used as saw benches or for any purpose other than their intended scaffolding function. WorkSafe New Zealand strictly enforces the Scaffolding and Construction Codes of Practice — heavy financial penalties may result from interference with or alteration to scaffolds by unqualified persons.
9. Hirer's Responsibility for Equipment
The Hirer accepts full responsibility for all Equipment from the time of delivery until it is returned to the Supplier's yard. This includes responsibility for theft, vandalism, and third-party damage occurring while Equipment is on the Hirer's site. The Hirer is strongly advised to ensure appropriate site insurance is in place.
10. Roofing and Water Damage
While the Supplier will take all reasonable care during work on the Hirer's site, the Supplier cannot accept liability for damage to roofing tiles, iron roofing, or any other roofing material where scaffold has been erected adjacent to or over same, unless such damage is caused by the Supplier's proven negligence. The Supplier also cannot accept responsibility for consequential water ingress or damage arising from any such roofing damage.
PART B — PAYMENT TERMS
11. Payment Due Dates and Interest
Payment is due by the 20th of the month following the date of invoice, unless the Hirer's account is established on a 7-day payment basis as specified in the main quote terms. Invoices unpaid after the 25th of the following month will accrue interest at a rate of 4% per month, compounding monthly, on the outstanding balance. The Hirer will also be responsible for all debt collection fees, legal costs, and disbursements reasonably incurred by the Supplier in recovering overdue amounts.
12. Default and Termination
In the event of a payment default or any other material breach of these Terms, the Supplier reserves the right to immediately terminate the hire period and take all steps necessary to recover possession of the Equipment, without prejudice to any other rights available under these Terms or at law.
13. Site Access for Recovery
The Hirer grants the Supplier, its employees, and agents, the right to enter any site, building, or location where hired Equipment is in use or stored, at all reasonable times, for any purpose connected with this Agreement or for the recovery of Equipment in the event of payment default.
14. Ownership of Equipment — Supplier's Interest
All Equipment hired under this Agreement remains the property of the Supplier at all times. The Hirer acquires no title or ownership interest in any Equipment. The Supplier's interest in the Equipment is registrable under the Personal Property Securities Act 1999 (NZ) and the Supplier may register a financing statement on the Personal Property Securities Register (PPSR) without notice to the Hirer.
14A. Head Ownership — Nolan Hire Limited
The Hirer acknowledges and agrees that all Equipment made available under this Agreement is owned by Nolan Hire Limited("the Head Owner") and is supplied to the Supplier (Nolan Scaffolding Ltd, trading as Metroscaff/Skyreach Ltd) under a separate lease or hire arrangement between the Head Owner and the Supplier. The Supplier acts as sub-lessor only. Title to and ownership of all Equipment vests exclusively in the Head Owner at all times and does not pass to the Supplier or the Hirer at any point. In the event that the Hirer becomes insolvent, is placed into receivership, liquidation, voluntary administration, or ceases to carry on business, the Hirer's liquidator, receiver, administrator, or any other insolvency officeholder shall have no claim over the Equipment. The Equipment must be made available for immediate collection by the Supplier or the Head Owner upon demand, free of any lien, charge, or encumbrance asserted by the Hirer or any third party claiming through the Hirer. The Head Owner may register its ownership interest on the Personal Property Securities Register (PPSR) as a secured party, and the Hirer consents to such registration. Nothing in this clause limits the Supplier's right to recover possession of Equipment under Clause 12 or Clause 13 of this Agreement.
15. Pricing and GST
All prices quoted are exclusive of Goods and Services Tax (GST) unless otherwise stated. GST will be added at the prevailing rate at the time of invoicing. All costs of hire are based on current market rates and are subject to change without notice. The Supplier will endeavour to provide reasonable advance notice of price changes to ongoing Hirer accounts.
PART C — HIRE CONDITIONS
16. Special Conditions
Any special conditions appearing on the Hirer's purchase orders or other documents will not form part of this Agreement unless expressly accepted in writing by the Supplier.
17. Maximum Hire Period
Unless agreed otherwise in writing, the maximum term of any single hire agreement is ten (10) months. Hire periods extending beyond ten months will require a new written agreement.
18. Insolvency
If the Hirer becomes insolvent, is placed into receivership, liquidation, voluntary administration, or ceases to carry on business, the Supplier may immediately terminate this Agreement, repossess the Equipment from the Hirer's premises, and recover all outstanding hire costs and related expenses.
19. Alterations and Off-Hire Notice
A minimum of three (3) business days' written notice is required to alter, amend, partially dismantle, or off-hire any scaffold. Any alterations or partial removals made after the initial erection will incur additional charges at $70.00 per person per hour (including travel from yard to yard). These charges apply regardless of the reason for the alteration.
20. Minimum Hire Period
The minimum hire period is one (1) week unless otherwise specified in the quote or Agreement.
21. Scaffold Inspections
All scaffold over 5 metres in height requires regular inspections in accordance with the Health and Safety at Work Act 2015 and the relevant New Zealand Standards. The Supplier will conduct weekly inspections while scaffold is in active use, and monthly inspections while scaffold is not in use. Inspection charges are in addition to hire costs and will be invoiced at $65.00 per inspection. The Supplier reserves the right to take scaffold out of service if it is found to be unsafe or has been interfered with.
22. Permits, Licences, and Engineering
It is the Hirer's responsibility to obtain and fund all engineering calculations, design certificates, local authority permits, road occupancy licences, resource consents, and any other statutory approvals required for the installation and use of scaffold on the relevant site. The Supplier is not liable for any delays or costs arising from the Hirer's failure to obtain required consents or permits in a timely manner.
23. Site Measurement and Quote Variations
All quotations and contracts are subject to amendment in physical detail and/or price if the actual site dimensions or conditions at the point of installation differ materially from those on which the original quote was based. The Supplier will advise the Hirer of any variation in writing as soon as practicable.
24. Standard Scaffold Specification
Unless otherwise specified in writing in the quote or Agreement, all scaffold erected by the Supplier will be constructed to the following standard specification: the first working platform set at 2 metres above ground level, with an outside kickboard and full handrails on all open faces, built to comply with WorkSafe New Zealand standards and the relevant New Zealand Standards for scaffolding. Any configuration that departs from this standard — including but not limited to: additional lift levels, internal handrails, stairway access, loading bays, roof edge protection, cantilever sections, debris netting attachment points, or increased platform widths — will be treated as a variation and may be subject to additional charges. The Hirer is responsible for communicating all access, safety, and configuration requirements to the Supplier prior to erection. The Supplier will not be liable for scaffold that does not meet the Hirer's operational needs where those needs were not communicated at the time of quoting.
PART D — FORCE MAJEURE AND SUPPLY CHAIN
25. Force Majeure
Neither party shall be liable to the other for any failure or delay in performing obligations under this Agreement where such failure or delay results from circumstances beyond that party's reasonable control. This includes but is not limited to: acts of God, fire, flood, earthquake, epidemic, pandemic, government-imposed restrictions or lockdowns, war, civil unrest, labour disputes, port congestion, supply chain disruptions, or shortages of materials, fuel, or skilled labour. The affected party must notify the other party promptly and in writing of the force majeure event and its expected duration. Hire charges will not accrue during any period in which the Supplier is unable to erect, maintain, or dismantle scaffold solely due to a force majeure event beyond its control.
26. Material and Labour Cost Escalation
Where a project extends beyond ninety (90) days from the date of quote, the Supplier reserves the right to review and adjust pricing to reflect significant changes in the cost of materials, steel, fuel, or labour. Any such adjustment will be notified to the Hirer in writing with at least fourteen (14) days' notice. The Hirer may terminate the affected portion of the contract if the adjustment exceeds 10% of the original quoted price, without penalty.
27. Fuel Adjustment Factor
All quotes and contracts include a fuel and transport cost component based on diesel prices current at the time of quoting. Where the average pump price of diesel in the Auckland/Northland region increases by more than 15% above the price prevailing at the date of the original quote, the Supplier reserves the right to apply a Fuel Adjustment Factor (FAF) to any outstanding or ongoing invoices. The FAF will be calculated as a percentage surcharge on the transport and mobilisation component of the contract only, proportional to the increase in fuel costs above the 15% threshold. The Supplier will notify the Hirer in writing before applying any FAF, with reference to the applicable fuel price evidence used in the calculation. The FAF will be removed or reduced if fuel prices subsequently decrease to within 15% of the original benchmark. This clause operates in addition to, and independently of, the general price variation provisions in Clause 26.
PART E — HEALTH, SAFETY AND ENVIRONMENTAL
28. Health and Safety Obligations
All work performed by the Supplier is conducted in accordance with the Health and Safety at Work Act 2015 (NZ) and applicable regulations, including the Health and Safety at Work (Scaffolding) Regulations. The Hirer acknowledges its own duties as a Person Conducting a Business or Undertaking (PCBU) and agrees to cooperate with the Supplier to maintain a safe working environment. The Hirer must not interfere with, alter, or allow others to alter any scaffold structure erected by the Supplier.
29. Environmental Compliance
The Supplier is committed to minimising its environmental footprint. The Hirer must not use or store hazardous substances near scaffold equipment in a manner that could cause contamination. Any contamination of the Supplier's Equipment resulting from the Hirer's activities will be remediated at the Hirer's cost.
PART F — PRIVACY AND COMMUNICATIONS
30. Privacy
The Supplier collects, stores, and uses personal information in accordance with the Privacy Act 2020 (NZ). Personal information collected in connection with this Agreement will be used for the purposes of account management, invoicing, credit assessment, debt recovery, and improving services. The Hirer may request access to or correction of their personal information by contacting the Supplier in writing.
31. Electronic Communications and E-Signatures
The parties agree that notices, quotes, variations, acceptances, and other communications may be made electronically via email or other agreed digital platforms. Electronic acceptance of a quote (including reply by email, text message, or digital signature) constitutes a binding agreement. Time runs from the date and time of electronic transmission. The parties agree that electronic signatures are valid and binding under the Contract and Commercial Law Act 2017 (NZ).
32. Notice
Written notice may be served by either party by email, facsimile, courier, or post. In the case of email or facsimile, time runs from the date of transmission. In the case of post, time runs from the second business day after the date of posting to a New Zealand address.
PART G — SPECIALISED SERVICES
33. Shrinkwrap
33.1 Ownership and Risk
Title to all shrinkwrap materials supplied by the Supplier shall not pass to the Hirer until all invoices for the project have been paid in full. Upon acceptance of these Terms, the Supplier has authority to enter the property and remove materials in the event of non-payment. The Supplier will not be responsible for any incidental damage arising from such removal under this clause.
33.2 Weather
Shrinkwrap installation will only be carried out in weather conditions the Supplier deems safe and suitable. Rain, hail, and strong winds or gusts are examples of conditions in which work may be suspended. The Supplier will not be held liable for project delays caused by weather.
33.3 Scaffolding Requirement
Unless supplied by the Supplier, the Hirer is responsible for the erection of all scaffolding required for shrinkwrap installation at the Hirer's sole cost. Work will not commence until scaffolding has been declared safe and meets the Supplier's requirements. The Hirer is also responsible for filling any water drums used to weight down shrinkwrap.
33.4 Variations
Any variations to price, scale, scope, or timing must be agreed in writing before work proceeds. The Supplier will re-measure actual installed face area upon project completion. Additional square metres above the originally quoted area will be charged at a per square metre rate (plus GST).
33.5 Warranties
The Supplier warrants that all personnel have the requisite skills and experience for the project. The Supplier further warrants that the installation will remain defect-free and leak-free for ninety (90) days from completion, subject to the installation not being exposed to third-party damage or winds in excess of 60 km/h. Repairs required outside these conditions will be charged on a time and materials basis.
33.6 Insurance
The Hirer is deemed to hold sufficient insurance to cover events where the shrinkwrap is required to perform in conditions outside the scope of the Supplier's warranty.
34. Netting
34.1 Scope of Rate
The quoted square metre rate includes installation, hire, and removal of nets.
34.2 Extra Site Visits
Any additional site visits beyond installation and removal will incur a surcharge of $125.00 plus GST to cover travel costs.
34.3 Damaged or Stolen Nets
The Hirer will be charged for the replacement of nets that are damaged or stolen from site at a rate of $10.00 per square metre.
34.4 Access Requirements
Areas that cannot be safely reached with ladders must be planked or scaffolded to the Supplier's satisfaction before work can proceed.
34.5 Building Construction Type
This quote applies to buildings with adequate timber for fixings. Masonry or other non-timber construction types may incur an additional surcharge.
34.6 Minimum Charge
A minimum charge of $540.00 plus GST applies to netting jobs under 100 m2.
PART H — DISPUTE RESOLUTION AND GOVERNING LAW
35. Dispute Resolution
In the event of a dispute arising from or in connection with this Agreement, the parties agree to first attempt to resolve the matter by good faith negotiation within ten (10) business days of written notice. If the matter remains unresolved, it will be referred to mediation. Should mediation fail, the dispute will be submitted to arbitration in accordance with the Arbitration Act 1996 (NZ), or any subsequent amending legislation.
36. Governing Law
This Agreement is governed by and construed in accordance with the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts.
37. Severability
If any provision of these Terms is found to be invalid, unenforceable, or contrary to any applicable law, that provision shall be severed from the Agreement and the remaining provisions shall continue in full force and effect.
38. Entire Agreement
These Terms, together with the relevant quote, Equipment Quote Summary (EQS), and any written variations agreed between the parties, constitute the entire agreement between the Supplier and the Hirer. No prior representations, warranties, or understandings not reflected in this Agreement shall be binding on either party.
By proceeding with any quote, placing an order, or allowing the Supplier to commence work, the Hirer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions of Hire.
