Terms & Conditions

THE FINE PRINT

  1. Interpretation

In these terms and conditions and in any contract to which these conditions apply, unless inconsistent with the context:

    1. us, we, means the Company being Valley Scaffolding Services Pty Limited (ABN: 98 104 134 572 ) (VSS) or such other company related to Valley Scaffolding Services Pty Limited which accepts the Purchaser or Hirer's order;
    2. Purchaser or Hirer means the person or corporation who buys or hires or has agreed to buy or hire the equipment, goods or service from VSS;
    3. unless otherwise specified the Act means the Competition & Consumer Act 2010;
    4. claim means any claim, demand, action or proceeding;
    5. Contract means the contract between VSS and the Purchaser or Hirer in relation to the sale, purchase or hire of equipment;
    6. equipment means any item, goods or service of whatsoever nature which is supplied by VSS to the Purchaser or Hirer;
    7. Prescribed Terms means any terms, conditions, guarantees and warranties which an Act and any other law expressly provides may not in respect of the Contract be excluded, restricted or modified, or may be excluded, restricted or modified only to a limited extent;
    8. Standard Specifications means the VSS Standard Specification for the equipment current at the time the equipment is delivered to the Purchaser or Hirer. Copies of the Standard Specifications are available on request from VSS; and
    9. the headings in these terms and conditions are provided for convenience only and do not affect the interpretation thereof.
  1. General
    1. Subject to any Prescribed Terms, this document together with the relevant sales or hire confirmation document, communication or file embodies the sole terms and conditions of the Contract between VSS and the Purchaser or Hirer and supersedes all other conditions and agreements between the parties, unless expressly amended in writing by VSS.
    2. These terms and conditions shall without further notice apply to all future transactions between VSS and the Purchaser or Hirer in relation to the sale and purchase or hire of equipment, whether or not this document is delivered or executed in the course of the transaction.
    3. For the avoidance of doubt, none of the terms and conditions contained in any document or other instrument supplied by or on behalf of the Purchaser or Hirer (including without limiting the foregoing those included in any purchase order or like document from the Purchaser or Hirer) shall apply to or form part of the Contract, except and to the extent otherwise agreed in writing by VSS.
    4. All purchase orders supplied by the Purchaser or Hirer are subject to acceptance by VSS and no Contract between VSS and the Purchaser or Hirer comes into existence until VSS deliver in relation to the order.
    5. No variation or abrogation of these terms and conditions shall be effective unless it is evidenced in writing signed on behalf of VSS.

 

  1. Payment
    1. Unless otherwise agreed by the parties in writing payment shall be made within 28 days from which the invoice is dated.
    2. Time for payment of the price of the equipment shall be of the essence of the Contract and if the Purchaser or Hirer fails to pay the price when due VSS may treat the Contract as repudiated by the Purchaser or Hirer or may, unless payment in full is made, suspend delivery of the equipment the subject of the Contract and any equipment the subject of any other Contract with the Purchaser or Hirer without incurring any liability whatsoever to the Purchaser or Hirer in respect thereof.
    3. If the Purchaser or Hirer does not pay the amounts due by the due date a late payment fee of 10% per month may be imposed. In addition the Purchaser or Hirer will be liable to indemnify VSS for all expenses and legal costs incurred by VSS as a result of the Purchaser or Hirer failure to pay an amount due to VSS under these terms and conditions by the due date. 
    4. Notwithstanding any rights of lien to which VSS may otherwise be entitled, VSS shall have a specific lien (including a right of sale) over the equipment the subject of the Contract and any equipment the subject of any other contract with the Purchaser or Hirer until the price of the equipment has been paid in full. The Purchaser or Hirer shall not be entitled to make any deduction or retention from the price of the equipment in respect of any off-set or counter claims.
    5. The only discounts available to the Purchaser or Hirer shall be those agreed in writing by VSS. If the Purchaser or Hirer breaches any of these conditions then any discount on any unpaid invoice is automatically revoked and the full price is payable for all hire charges from that time onwards. 
  1. Delivery
    1. Any time or date named and accepted by VSS for completion, delivery, despatch, shipment or arrival of the equipment or for tender of any documents is an estimate only and does not constitute a condition of the Contract or part of the description of the equipment and is not of the essence of the Contract.
    2. Unless otherwise stated in writing VSS may make partial deliveries or deliveries by instalments in any amount it may determine and each such partial delivery or delivery by instalments shall be deemed to be a separate Contract and these conditions shall apply to each partial delivery or delivery by instalments.
    3. The Purchaser or Hirer shall notify VSS within 7 days of delivery of any short fall in or loss or damage to equipment delivered. Failure to so notify shall, subject to the requirements of any Prescribed Terms, disentitle the Purchaser or Hirer to any remedy in respect to the shortage, loss or damage.

 

  1. Risk and Title (excluding Hire)
    1. Except as otherwise provided herein, the equipment supplied by VSS to the Purchaser shall be at the Purchaser sole risk immediately on their delivery to the Purchaser.
    2. Property and title in the equipment supplied by VSS to the Purchaser will not pass to the Purchaser until such time as the equipment the subject of the Contract and all other equipment supplied by VSS to the Purchaser have been paid for in full. Until that time, the Purchaser shall store the equipment, including equipment into which the supplied equipment have been mixed, in such a manner as to show clearly that they are the property of VSS and shall upon VSS's demand deliver up such equipment to VSS. In default of such delivery VSS may by its servants and agents enter the Purchaser premises at any time without notice to repossess the equipment.
    3. The Purchaser and VSS agree that the provisions of this clause apply notwithstanding any agreement between the parties under which VSS grants the Purchaser credit.
    4. The Purchaser acknowledges and agrees that by accepting these terms and conditions which form part of the Contract and constitute a Security Agreement that covers the Collateral for the purposes of the equipment. Refer to clause 25 PSSA, for further information on a Security Agreement.
  1. Warranties and Exclusions of Liability
    1. VSS warrants that the equipment, goods or services when delivered to the Purchaser or Hirer will comply with any description for the equipment contained in the relevant Sales Confirmation documentation or file (if any) and with the Standard Specification for the equipment. VSS is not required to supply equipment with any specification or characteristics that are outside any such description for the equipment (if any) or the Standard Specifications.
    2. The Purchaser or Hirer acknowledges, agrees, represents and warrants that:
      1. as the use of the equipment is outside the control of VSS, the Purchaser or Hirer is satisfied that the equipment when supplied in accordance with clause 6a) will have the condition, characteristics, quality and attributes that will make them suitable or fit for any ordinary or special purpose required for those equipment, even if that purpose is made known to VSS at any time;
      2. VSS has or will in a timely manner conduct all mandatory or prudent tests and apply all mandatory or prudent quality control checks and procedures to ensure the equipment and any product that is produced from us will be without defect and suitable or fit for any purpose required for them; and
      3. the Purchaser or Hirer has not relied upon any statement, representation, warranty, guarantee, condition, advice, recommendation, information, assistance or service provided or given by VSS or anyone on its behalf in respect of the equipment, other than those that are expressly contained in the Contract.
    3.  The Purchaser or Hirer releases and indemnifies VSS and its officers, employees, consultants and agents from and against all actions, claims, proceedings and demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with the Purchaser or Hirer and whether at common law, under tort (including negligence), in equity, pursuant to statute or otherwise, in respect of any loss, death, injury, illness, cost or damage arising out of any breach by the Purchaser or Hirer of any warranty provided by it under paragraph b) of this clause.
    4. Except as expressly set out in the Contract and except for liability under any Prescribed Terms, to the full extent permitted by law:
      1. all conditions, warranties, guarantees, terms and obligations expressed or implied by law or otherwise relating to the Contract or the performance of VSS's obligations under the Contract or to any equipment or services supplied or to be supplied by VSS under the Contract are excluded, except for those conditions and warranties as to title in the equipment; and
      2. without limiting the generality of the foregoing, VSS gives no condition, warranty or guarantee whatsoever as to the suitability, performance or fitness of the equipment for their ordinary or any special use or purpose, and the description of the equipment in any Contract or any other document shall not import any such condition, warranty or guarantee on the part of VSS.
    5. Notwithstanding anything to the contrary herein contained but subject to the provisions of any Prescribed Terms, VSS's liability in respect of any claim arising in any way out of the Contract or its performance or from any failure to perform the Contract including (without limiting the generality of the foregoing) for breach of any condition, warranty or guarantee contained in the Contract or in any Prescribed Term implied into or applying to the Contract and whether that liability arises under contract, tort (including negligence), breach of statutory duty or otherwise, is limited as follows:
      1. if any guarantee under the Act is applicable to any good or service supplied by VSS and VSS's

liability is due to a failure to comply with the guarantee and such failure cannot be remedied or is a major failure as defined in the Act (each such failure hereafter referred to as a Relevant Failure), VSS's liability is as stated in the Act in respect of that Relevant Failure; and

      1. if the liability is due to a failure to comply with any condition, warranty or guarantee in respect of any good or service supplied by VSS under the Contract and such failure is not a Relevant Failure, VSS's liability is limited as follows in respect of such failure:
        1. If the failure is in respect of equipment, VSS's liability is limited to replacement of the equipment or the supply of equivalent equipment, the repair of the equipment, payment of the cost of replacing the equipment or of acquiring equivalent equipment, or payment of the cost of having the equipment repaired, as determined by VSS in its sole discretion; and
        2. if the failure is in respect of services, VSS's liability is limited to the supply of the services again or payment of the cost of having the services supplied again, as determined by VSS's in its sole discretion;
      2. in respect of all other liability (if any), VSS's liability is limited in the aggregate to the amount of $1000.
    1.                    To the extent permitted by law, VSS will have no liability to the Purchaser or Hirer, however arising and under any cause of action or theory of liability, in respect of special, indirect or consequential damages, loss of profit (whether direct or indirect) or loss of business opportunity arising out of or in connection with the Contract or its performance.
  1. Damage Waiver 
    1. Upon payment of a damage waiver fee by the Hirer, VSS will be responsible for the cost of repairs and/or replacement of the equipment due to loss or damage occurring during the hire period (and until the equipment is collected by us after the issue of an off-hire number) in excess of 10% of the current full replacement value of the equipment. 
    2. This clause in no way entitles the Hirer, or implies the availability of compensation from VSS for any liability incurred by the Hirer in relation to the equipment;
    3. This clause will not continue to operate after the termination of this agreement unless an extension is granted in writing by VSS and an additional fee is paid by the Hirer. 
    4. This clause will not apply to loss or damage arising from: 
      1. a breach of any laws or regulations relating to the use of the equipment;
      2. misuse, abuse, wilful or malicious use, negligent, careless or reckless use, overloading, exceeding rated capacity, or improper servicing of equipment; 
      3. the disregard of instructions given to the Hirer by VSS or the manufacturer in respect of the proper use of the equipment or a breach of this agreement; 
      4. theft of the equipment; 
      5. failure to reasonably secure the equipment against theft; 
      6. damage to the equipment during transit (including while on any wharf, bridge or over water); 
      7. any glass or surface breakage or exposure to corrosive substances or erosion or earth movement; 
      8. loss or damage due to mysterious disappearance;
      9. loss or damage caused by misappropriation or wrongful conversion; or
      10. the use of the equipment on an off-shore oil rig or underground. 
    5.                    The Hirer is not required to pay a damage waiver fee if the Hirer produces to us a Certificate of Currency for an appropriate policy of insurance for damage to or arising from the hire of the equipment in an amount not less to the full new replacement cost of the equipment. 
  1. Return of Equipment (Purchase/sale only)
    1. Equipment supplied to the Purchaser is not returnable except as provided in Part 6 above.
    2. If the equipment is in accordance with clause 6a) and all Prescribed Terms and is otherwise in compliance with the provisions of the Contract, VSS may from time to time under exceptional circumstances choose to accept the return of the equipment from the Purchaser.
    3. A cancellation fee will apply and the Purchaser will also reimburse VSS for all costs associated with the delivery and return of the equipment.

 

  1. Hire
    1. The hiring of the equipment will commence from the commencement date specified in the Contract or Agreement or from the date of receipt or delivery to the Hirers site or premises and continue for the term specified in the Contract or Agreement or until the hire is cancelled in writing or accepted and acknowledged by VSS in any other format. The Hirer is entitled to use the equipment for the hire period and for any agreed extension of the period. The Hirer agrees to pay hire for the equipment until the return of the equipment to the address of VSS on or before the end of the hire period as outlined in the Contract or Agreement.
    2. VSS will not refund any hire charge monies if the hirer elects to return the equipment prior to the end of the hire period, regardless of reason.
    3. Unless otherwise stated, herein or in a related Contract, the minimum hire is 1 week. For periods of hire greater than a 1 week, the rate of charge is at 1/5th of the weekly rate per day thereafter up to a maximum of 4 consecutive days beyond the 1st or preceding week. The 5th, 6th or 7th day in the next hire period are calculated as a full week. The new week or next week starts after the 7th day of any week. Hire is based on time out, not time used.
    4. The hirer will be responsible for any loss or damage to the equipment irrespective of how the loss or damage occurred (fair wear and tear excepted) during the hire period (subject to clause 7 and clause 10).
    5. The Hirer agrees not to offer or purport to sell, assign, sub-let, lend, pledge, mortgage let or hire or otherwise part with or attempt to part with personal possession or otherwise not to deal with the equipment and not to conceal or alter the equipment or make any addition or alteration to, or repair of, the equipment.
  2. Loss of and damage to hired equipment
    1.                    Subject to clause 7, if the equipment is lost stolen or damaged during the hire period, and until the equipment is collected by VSS the Hirer will be liable: 
      1.                    for any costs incurred by us in repairing or replacing the equipment; and
      2.  for any other costs whatsoever incurred by us as a result of the loss, theft or damage to the equipment.
    2.                    If the equipment the hirer has received is lost, breaks down or is damaged the Hirer must notify VSS immediately of the details of the loss, breakdown or damage. 
    3.                    If the equipment breaks down or becomes unsafe, The Hirer must stop using it immediately and must take all necessary steps to prevent injury to any person and all property as a result of the condition of the Equipment. The Hirer must not repair or attempt to repair the equipment without VSS consent. 
    4.                    VSS undertake to make all reasonable steps to promptly repair damaged or faulty hired Equipment or substitute and replace it if available but will not be liable if we elect not to repair, replace or substitute equipment.
    5.                    If the faulty condition or loss of the equipment is caused other than by our negligence, or breach of any of the terms of an agreement, the Hirer will pay VSS for the cost of all repairs and pay all hire charges until the hired equipment is repaired or if the damage is irreparable or if the equipment is lost, the Hirer is to pay VSS the cost of replacement. 
    6. If VSS are required by any relevant authority, or are requested by the Hirer or we decide to salvage the equipment then the Hirer must pay VSS the salvage costs. 
  1. Indemnity

The Purchaser or Hirer shall keep VSS indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature, including, without prejudice to the generality of the foregoing, claims of death, personal injury, damage to property and consequential loss (including loss of profit) which may be made against the Purchaser or Hirer or which the Purchaser or Hirer may sustain, pay or incur as a result of or in connection with the manufacture, sale, export, import or use of the equipment unless such costs, claim, demand, expense or liability shall be directly and solely attributable to any breach of contract or guarantee by, or negligence of, VSS or its duly authorised employee or agent.

  1. Licenses, Duties, etc.

The payment of any taxes and the obtaining and maintenance in full force and effect of any necessary export or import licenses, authorisations or consent in respect of the equipment is the sole responsibility of the Purchaser or Hirer and VSS shall be under no liability whatsoever in respect of equipment exported or imported without any necessary licenses, authorisations or consent.

  1. Health and Safety

It is the Purchaser or Hirer's responsibility to ensure that all applicable health and safety regulations are observed and other appropriate steps taken in relation to the storage, handling and the use of the equipment and, where information is supplied to the Purchaser or Hirer on potential hazards relating to the equipment, to bring such information to the attention of its employees, agents, sub-contractors, visitors and customers. Without prejudice to the foregoing, it is also the Purchaser or Hirer's responsibility to provide safe facilities for the reception of equipment into storage.

  1. Equipment, Goods and Services Tax (GST)

Equipment Goods and Services Tax (GST) will be charged on all products that attract GST at the applicable rate.

  1. Industrial Property Rights

The Purchaser or Hirer shall not alter, remove or in any way tamper with any of trade, identification or other marks or numbers as made by VSS or authorised by VSS attached to or placed upon the equipment.

  1. Insurance

The Purchaser or Hirer must at its own expense maintain all appropriate policies and insurance in respect of the Hired Equipment including but not limited to insurance;

    1.                    for damage to or arising out of the hire of Equipment in an amount not less than the full new replacement of the Equipment except if you have taken the benefit of the theft and damage waiver option pursuant to clause 7, (those policies need not cover the loss or damage specified in clause 7); and 
    2. for third party and public liability risks in respect of the hire or use of the Equipment by the Purchaser or hirer in an amount not less than $10 million. 
  1. Force Majeure (Vicarious Liability)

VSS shall not be under any liability whatsoever for the consequences of any failure on its part to perform or delay in performing any obligation under the Contract when due, whilst and to the extent that such failure or delay is due directly or indirectly to any event of force majeure.
Without limiting the generality of the foregoing, this includes any liability whatsoever for any delay in completion, delivery, despatch, shipment or arrival of the equipment or in the tender of any documents or the like.  A "event of force majeure" includes any acts of God, war, riots, strikes, lock outs, trade disputes, fires, break downs, mechanical failures, interruptions of transport, Government action or any other cause whatsoever, whether or not of a like nature to those specified above, outside the reasonable control of VSS. If there is an event of force majeure, VSS will notify the Purchaser or Hirer of the event and the likely impact on its performance under the Contract. If the event affects the capacity of VSS to complete its material obligations under the Contract in a timely manner, VSS may by notice to the Purchaser or Hirer terminate the Contract without any liability whatsoever on its part arising from such termination.

  1. Notices

Any notice to be given to the Purchaser or Hirer shall be deemed to be given upon its being posted or sent by email to the address  of the Purchaser or Hirer set out in the Contract or to the Purchaser or Hirer's registered office or to the Purchaser or Hirer's last known address.

  1. Assignment

The Purchaser or Hirer may not assign or transfer or purport to assign or transfer any of its rights or obligations under or in connection with the Contract to any other person or corporation whatsoever.

  1. Sub-contract

VSS reserves the right to sub-contract the performance of any Contract or part thereof to any other party or person or corporation it may determine.

  1. Proper Law and Jurisdiction

All Contracts made between VSS and the Purchaser or Hirer shall be governed by and construed in accordance with the laws of New South Wales, Australia. The Purchaser or Hirer agrees to submit to the non-exclusive jurisdiction of the New South Wales Courts and courts of appeal therefrom for all purposes of or in connection with such Contracts.

  1. Cost Recovery

Any expenses, costs or disbursements incurred by VSS in recovering any outstanding monies owing by the Purchaser or Hirer including debt collection fees and solicitors costs shall be paid by the Purchaser or Hirer, providing that those fees do not exceed the scale charges as charged by that debt collection agency or solicitor plus any out of pocket expenses.

  1. Repossession

VSS may retake possession of the equipment if the Purchaser or Hirer breaches any provision of this agreement, notwithstanding anything else herein contained.

  1. Conditions Precedent

a) These conditions apply to all sales and hire of the Company's Equipment and services despite any contrary terms in any of the Buyer's/Hirer's documents and constitutes the entire agreement between the parties to the exclusion of all other conditions. Acceptance of delivery of the Equipment indicates Buyer's/Hirer's acceptance of these conditions unamended. No representations, inducements, promises or agreements between the parties will be of any force or effect in varying these conditions unless in writing and signed by both parties.
b) Hirer warrants that the Equipment will be used for the purposes of a business or trade.


  1. Personal Property Securities ACT (PSSA)
    1.                    The Purchaser or Hirer consents to VSS effecting and maintaining a registration on the register (in any manner VSS considers appropriate) in relation to any security interest contemplated or constituted by this Purchase or Hire Agreement or Contract in the goods or equipment or services and the proceeds arising in respect of any dealing in the same and the Purchaser or Hirer agrees to sign any documents and provide all assistance and information to VSS as may be necessary or required to facilitate the registration and maintenance of any security interest.
    2.                    VSS may at any time register a financing statement or financing change statement in respect of a security interest (including any purchase money security interest).
    3.                    The Purchaser or Hirer waives the right to receive notice of a verification statement in relation to any registration on the register of a security interest in respect of the Equipment or service (Section 157(3)(b) of the PPSA).
    4.                    The Purchaser or Hirer undertakes to:

25.4.1      do anything (in each case, including executing any new document or providing any                  information) that is required by VSS.

          1. so that VSS acquires and maintains one or more perfected security interests under the PPSA in respect of the Equipment, Goods or Services and its proceeds;
          2. to register a financing statement or financing change statement; and
          3. to ensure that VSS security position and rights and obligations are not adversely affected by the PPSA.

25.4.2      not register a financing change statement in respect of a security interest contemplated or constituted by this Purchase or Hire Agreement or Contract without VSS prior written consent; and
25.4.3      not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without VSS prior written consent.

    1.                    If Chapter 4 of the PPS Act would otherwise apply to the enforcement of a security interest arising under or in connection with this Purchase or Hire Agreement or Contract. The following provisions of the PPS Act will not apply and the Purchaser or Hirer will have no rights under them: section 95 (to the extent that it requires the secured party to give notices to the grantor); section 96: section 118 (to the extent that it allows a secured party to give notices to the grantor); section 121(4); section 130; section 132(4); section 135 and section 143.
    2.                    Unless otherwise agreed and to the extent permitted by the PPSA the Purchaser or Hirer and VSS agree not to disclose information of the kind referred to in section 275(1) of the PPS Act to an interested person, or any other person requested by an interested person. The Purchaser or Hirer waives any right it may have, or but for this clause may have had, under section 275(7)(c) of the PPS Act to authorise the disclose of the above information.
    3.                    For the purposes of section 20(2) of the PPS Act, the collateral is any Goods which is described in any Purchaser or Hirer Agreement or Contract provided by VSS to the Purchaser or Hirer from time to time. This Purchaser or Hirer Agreement or Contract is a security agreement for the purposes of the PPS Act.
    4.                    The Company may apply amounts received in connection with this Purchaser or Hirer Agreement or Contract to satisfy obligations secured by a security interest contemplated or constituted by this Hire/Sale Agreement in any way it may in the Company's absolute discretion determine.
    5.                    The Purchaser or Hirer agree to notify the Company in writing of any change to its details set out in the Credit Application within 5 days from the date of such change.
  1. Miscellaneous
    1.                    These conditions shall replace and supersede all other terms and conditions of trading, if any, previously in force between the Purchaser or Hirer and VSS and no variation of these conditions shall bind either party unless confirmed by VSS in writing. 
    2.                    This agreement comprises the entire agreement between the Purchaser or Hirer and VSS. 
    3.                    No waiver by either party of a breach or non-performance of any term, condition or obligation under this agreement shall be a waiver of any subsequent breach of or failure to perform the same or any other term, condition or obligation. Any waiver must be in writing. Where a party consists of more than one person, their liabilities and the liabilities of their respective legal personal representatives shall be joint and several. 
    4.                    Any officer, employee or agent of the Purchaser or Hirer who signs this document or any receipt or other document in connection with the receipt, delivery or erection of the Equipment purportedly on the Purchaser or Hirer behalf may be taken by VSS as having the full authority to sign on the Purchaser or Hirer behalf and the Purchaser or Hirer shall not repudiate such authority. Where this agreement is signed on behalf of any corporation or alleged corporation, the person so signing warrants to us that he or she has full authority to do so and those persons shall be personally liable under the provisions hereof should the Purchaser or Hirer deny that person are the Purchaser or Hirer of the Equipment or if that corporation shall not in fact exist. 
    5.                    A statement in writing signed by any director, secretary or credit manager of ours of the amount due or owing by the Purchaser or Hirer as at the date mentioned in such statement shall be prima face evidence that such amount is due and owing without it being necessary to produce any books or vouchers to verify the same. 
    6.                    Any credit accommodation granted may be withdrawn at any time for any reason without notice. 
    7.                    The Purchaser or Hirer acknowledge that VSS have not (nor any person acting on our behalf) made any representations or other inducements to the Purchaser or Hirer to enter into this agreement and that the Purchaser or Hirer have not entered into this agreement in reliance on any representation or inducements (including in relation to the use of the Equipment) except for those representations or inducements contained in this agreement. 
    8.                    An administration charge may apply to all invoices. 
    9.                    Charges will apply for additional administration that is not part of the standard invoicing procedure. 
    10. You provide your consent for us to disclose personal information about you to other entities as permitted by law for VSS use.

27. Promotional material

    1. The descriptions and illustrations contained in the Company's catalogues, price lists and other advertising material are intended merely to present a general idea of the goods, equipment and services described therein and do not form part of this Purchaser or Hire Contract. VSS accepts no responsibility for the accuracy of any such design drawings, specifications, illustrations, samples, instructions and submissions and these do not constitute any warranty guarantee, representation or opinion of the practicability of construction or the efficacy, safety or otherwise of the goods, equipment and services and VSS will not be responsible for the cost of any additional work caused by defects in any such drawings, designs or specifications nor will VSS be liable for any consequential loss or damage caused by any defect or otherwise. All drawings, catalogues, printed matter etc., accompanying the contract or in the Purchaser or Hirer possession before or after the Purchaser or Hirer entry into this Purchaser or Hire Contract are informative only and weights, measurements, powers, capacities or other particulars of goods and equipment or services offered are stated in good faith and, subject to the terms hereof. Inaccuracies shall not void or violate this contract nor be made the basis of any claim against VSS or justify rejection of the Goods, equipment or services.
    2. All designs, drawings, specifications, illustrations, samples and instructions supplied by VSS shall remain the sole property of VSS and shall not be reproduced, copied or used in whole or in part without its prior written consent. 
  1. Cranage

The Purchaser or Hirer will at its cost supply all cranage and hoisting facilities as and when required for the erection, movement and dismantling of equipment.