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Terms and Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS, IN ITS ENTIRETY, BEFORE USING THIS WEBSITE!
All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. By successfully completing an order via the Internet, electronic mail, telephone, in person, mail, or facsimile, it is understood that the consumer agrees with the Terms and Conditions of this website!
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of ScaffoldStore.com. The collective work includes works that are licensed to ScaffoldStore.com. Copyright 2007, ScaffoldStore.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with ScaffoldStore.com or purchasing ScaffoldStore.com products. You may display and, subject to an expressly stated restrictions or limitations related to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with ScaffoldStore.com or to purchase ScaffoldStore.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by ScaffoldStore.com. You further agree not to change or delete any proprietary notices from materials downloaded from this site.
Trademarks
All trademarks, service marks and trade names of ScaffoldStore.com used in this site are trademarks or registered trademarks of ScaffoldStore.com.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, ScaffoldStore.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. ScaffoldStore.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. ScaffoldStore.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
ScaffoldStore.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if ScaffoldStore.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a ScaffoldStore.com product is mistakenly listed at an incorrect price, ScaffoldStore.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. ScaffoldStore.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, ScaffoldStore.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by ScaffoldStore.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
ScaffoldStore.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to ScaffoldStore.com.
Invoice(s) and Order Confirmation(s)
Customers will receive an Order Confirmation and Invoice via email. Customer shall review their order and contact ScaffoldStore.com if any errors are detected. Attention shall paid to the Shipping Address, Telephone Number; Product(s); Pricing; Tax; Method of Payment; Billing Address; Company Name, etc.
If the customer does not receive their Order Confirmation, or Invoice, it shall be the customer's responsibility to immediately notify ScaffoldStore.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of ScaffoldStore.com products) shall be in the state or federal courts located in Harris County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of ScaffoldStore.com products) must be commenced within one (1) year after the claim or cause of action arises. ScaffoldStore.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. ScaffoldStore.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a ScaffoldStore.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
ScaffoldStore.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, ScaffoldStore.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, ScaffoldStore.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to ScaffoldStore.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless ScaffoldStore.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Refusal of Service
We reserve the right to refuse, or cancel any order, at our sole discretion. If we exercise our right to cancel an order before it has been shipped, the customer will receive a full refund.
Third-Party Links
In an attempt to provide increased value to our visitors, ScaffoldStore.com may link to sites operated by third parties. However, even if the third party is affiliated with ScaffoldStore.com, ScaffoldStore.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ScaffoldStore.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ScaffoldStore.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Erection and Dismantlement of Scaffolding
PRIOR TO ERECTING SCAFFOLDING
(All Scaffolding)
• Job sites should be inspected to determine ground conditions or strength of supporting structure, and for proximity of electric power lines, overhead obstructions, wind conditions, the need for overhead protection or weather protection coverings. These conditions must be evaluated and adequately provided for.
• Frame spacing and mud sill size can only be determined after the total loads to be imposed on the scaffold and the strength of the supporting soil or structure are calculated and considered. This analysis must be done by a qualified person. Load carrying information on components are available from the manufacturer.
• Stationary scaffolds over 125 feet in height and rolling scaffolds over 60 feet in height must be designed by a professional engineer.
• All equipment must be inspected to see that it is in good condition and is serviceable. Damaged or deteriorated equipment should not be used.
• Wood plank should be inspected to see that it is graded for scaffold use, is sound and in good condition, straight grained, free from saw cuts, splits and holes. (Not all species and grades of lumber can be used as scaffold plank. Wood planks used for scaffolding must be specifically graded for scaffold use by an approved grading agency).
• The scaffold assembly must be designed to comply with local, State and Federal safety requirements.
Erection of Fixed Scaffold
• Scaffold must be erected, moved, or disassembled only under the supervision of qualified persons. Hard hats must be worn by all persons erecting, moving, dismantling or using scaffolding.
• Mud sills must be adequate size to distribute the loads on the scaffolding to the soil or supporting structure. Special care is needed when scaffolding is to be erected on fill or other soft ground or on frozen ground. Sills should be level and in full contact with the supporting surface.
• Base plates or screw jacks with base plates must be in firm contact with both the sills and the legs of the scaffolding. Compensate for uneven ground with screw jacks with base plates. DO NOT USE unstable objects such as blocks, loose bricks, etc.
• Plumb and level scaffold until connections can be made with ease. Do not force members to fit. Be sure scaffold stays level and plumb as erection progresses.
• Ties, guys, bracing and/or outriggers may be needed to assure a safe stable scaffold assembly. The height of the scaffold in relation to the minimum base width, wind loads, the use of brackets or cantilevered platforms and imposed scaffold loads determines the need for stability bracing. The following general guides are minimum requirements.
• Federal OSHA requires that scaffolding must always be secure when the height of the scaffold exceeds for (4) times the minimum base width.
(California requires stability bracing when the scaffold height exceeds three (3) times the minimum base width).
• The bottom tie must be placed no higher than four (4) times the minimum base width and every 26 feet vertically thereafter. Ties should be placed as close to the top of the scaffold as possible and, in no case, less than four (4) times (three (3) times in California) the minimum base width of the scaffold from the top.
• Vertical ties should be placed at the ends of scaffold runs and at no more than 30 feet horizontal intervals in between.
• Ties should be installed as the erection progresses and not removed until the scaffold is dismantled to that height.
• Side brackets, cantilevered platforms, pulleys or hoist arms and wind conditions introduce overturning and uplift forces that must be considered and compensated for. These assemblies may require additional bracing, tying or guying.
• Circular scaffolds erected completely around or within a structure may be restrained from tipping by the use of "stand off" bracing members.
• Each leg of a free standing tower must be guyed at the intervals outlined above or otherwise restrained to prevent tipping or overturning.
• Work platforms must be fully planked either with scaffold graded solid sawn or laminated plank, in good sound condition, or with fabricated platforms in good condition.
• Each plank must overlap the support by a minimum of 6 inches or be cleated, i.e. 8 foot planks on 7 foot spans must be cleated.
• Plank should not extend beyond the support by more than 18 inches. Such overhangs should be separated from the work platform by guard- railing so that they cannot be walked on.
• Plank on continuous runs must extend over the supports and overlap each other by at least 12 inches.
• Spans of full thickness, 2 inch by 10 inch scaffold grade planks, should never exceed 10 feet. Loads on plank should be evenly distributed and not exceed the allowable loads for the type of plank being used. No more than one person should stand on an individual plank at one time.
• Planks and/or platforms should be secured to scaffolding when necessary to prevent uplift of displacement because of high winds or other job conditions.
• Guardrails must be used on all open sides and ends of scaffold platforms. Both top and midrails are required. Local codes specify the minimum heights where guardrails are required, however, use at lower heights if falls can cause injury.
• Toe boards are required whenever people are required to work or pass under or around the scaffold platform.
• Access must be provided to all work platforms. If it is not available from the structure, access ladders, frames with built-in ladders, or stairways must be provided. When frames with built-in ladders are used, cleated plank or fabricated plank must be used at platform levels to minimize or eliminate platform overhang. Access ladders must extend at least three (3) feet above platforms.
• Side and end brackets are designed to support people only. Materials should never be placed on cantilevered platforms unless the assembly has been designed to support material loads by a qualified person. (These types of platforms cause overturning and uplift forces which must be compensated for. All frames should be fastened together to prevent uplift an overturning moment compensated for with counterweights or adequate ties).
• Putlogs must never be used for the storage of materials. They are designed for personnel use only. Special care should be taken when putlogs are used.
• Putlogs should overhang the support points by at least 6 inches. Use putlogs hangers with bolts fastened to support putlogs on frames.
• Putlog spans of greater than 12 feet require knee bracing and lateral support.
• Putlogs used as side or end brackets need special bracing.
• Bridging between towers should not be done with plank or stages unless the assembly is designed by a qualified person and overturning moments have been compensated for.
• Scaffold should not be used as material hoist towers or for mounting derricks unless the assembly is designed by a qualified person.
• Check the erected assembly before use. A qualified person should thoroughly inspect the completed assembly to see that is complies with all safety codes, that nuts and bolts are tightened, that it is level and plumb, that work platforms are fully planked, that guardrails are in place and safe access is provided.
Erection of Rolling Scaffolds
• Height of the tower must not exceed four (4) times the minimum base dimension (three (3) times in California). Outrigger frames or outrigger units on both sides of the tower may be used to increase base width dimension when necessary.
• All casters must be secured to frame legs or screw jacks with a nut and bolt or other secure means. Total weight of tower should not exceed the capacity of the casters.
• Screw jacks must not be extended more than 12 inches above caster base. Tower must be kept level and plumb at all times.
• Horizontal/diagonal bracing must be used at the bottom and top of tower and at intermediate levels of 20 feet. Fabricated planks with hooks may replace the top diagonal brace.
• All frames must be fully cross-braced.
• Only prefabricated plank or cleated plank should be used.
• Casters must be locked at all times the scaffold is not being moved.
RECOMMENDED TOOLS
• OSHA/ANSI approved Hard Hat
• ANSI approved leather work gloves
• ANSI approved safety glasses
• Hammer
• Tape Measure
• 7/8" Deep Socket w/Ratchet
• Torpedo Level
• OSHA Scaffold Tags
• OSHA Competent Person Training
*Please note, it may be necessary to bang, twist, torque, and manipulate scaffold components for fit. If this is necessary, extreme care shall be taken not to damage any component in such a way that it may jeopardize the scaffolds integrity or user safety! This is especially true of Coupling Pins, Locks, and Guard Rails. In such cases, the plumb and level of the scaffold should be confirmed.
USE OF SCAFFOLDS
(All Scaffolds)
• Inspect the scaffold assembly before each use to see that it is assembled correctly, that it is level and plumb, base plates are in firm contact with sills, bracing is in place and connected, platforms are fully planked, guardrails in place, safe access is provided, that it is properly tied and/or guyed and that there are no overhead obstructions or electric lines within 12 feet of the scaffold assembly.
• Use only the safe means of access that is provided. Do not climb bracing or frames not specifically designed for climbing. If such access is not provided, insist that it be provided.
• Climb Safely
• Face the rungs as you climb up or down.
• Use both hands.
• Do not try to carry materials while you climb.
• Be sure of your footing and balance before you let go with your hands. Keep one hand firmly on frame or ladder at all times.
• Do not work on slippery rungs to avoid slipping.
• Do not overload platforms with materials.
• Working heights should not be extended by planking guardrails or by use of boxes or ladders on scaffold platforms.
• Do not remove any component of a completed scaffold assembly except under the supervision of a qualified person. Any component that has been removed should be immediately replaced.
ROLLING TOWER SCAFFOLDS
All of the above precautions plus:
• Do not ride manually propelled rolling scaffold. No personnel should be on the tower while it is being moved.
• Lock all casters before getting on the tower.
• Work only within the platform area: do not try to extend overhead work area by reaching out over guard railing.
• Do not bridge between two rolling towers with plank or stages.
• Secure all materials before moving scaffolds.
• Be sure floor surface is clear of obstructions or holes before moving scaffold.
• Be sure there are no overhead obstructions or electric power lines in the path of rolling scaffold.
• Rolling towers must only be used on level surfaces.
• Move rolling towers by pushing at the base level only. Do not pull from the top.
Return Policy
If a customer is not satisfied with a ScaffoldStore.com product within fifteen (15) days of receiving their order, the customer may, at their own expense, return the new, unused product, in the original packaging, for a refund. All refunds will be issued to the original credit card used for the purchase and all returns are subject to a twenty five percent (25%) restocking fee. All refunded orders purchased
by credit card are automatically subject to a 5% processing.
There are no returns, or refunds offered after fifteenth (15) days, from the date the order is received.
Customers receive an Order Confirmation and Invoice, via email, when the
order is processed; the customer(s) shall review both emails to confirm
the product(s) ordered match their Order Confirmation and Invoice.
If ScaffoldStore.com ships a customer the wrong product(s), ScaffoldStore.com will ship the replacement product(s) at no cost to the customer. This means the product(s) that the customer received is not the product(s) that is reflected on the ScaffoldStore.com Invoice. ScaffoldStore.com will also make arrangement to have the wrong product(s) returned to ScaffoldStore.com.
Cancellation Policy
Once an order has been processed for shipping, customer pick-up, or has shipped; if a customer cancels, or refuses an order with a ScaffoldStore.com, the
customer will receive a refund to the original credit card used for
the purchase. All cancellations shall be subject to a twenty five percent (25%)
restocking fee. All custom orders, which include, but are not limited to: scaffold tags and wooden scaffold plank in which custom markings, printing, branding, and embossing have occurred shall be a final sale; cancellations and returns of these items are prohibited. All cancelled orders, purchased
by credit card, are automatically subject to a 5.0% processing fee by our
credit card processing company. If the order has shipped the customer is responsible for the initial shipping charge(s), return shipping charge(s), and all related expenses related to returning this order.
Damage/Shortage Policy
Customers must inspect all ScaffoldStore.com products for damage (hidden or visible) and shortages before accepting the product(s). Please note that damage may occur during transit and the following policy will apply. ScaffoldStore.com will not be responsible for damaged (hidden or visible), lost, stolen or missing products that are not reported within the allowable time frame.
Damaged items
The customer is responsible for inspecting all ScaffoldStore.com items immediately upon delivery, and prior to signing that all items were "Received in Good Condition". Any/all damage must be noted on the original Delivery Receipt (DR), or Bill of Lading (BOL) in the presence of the driver. The customer must notify ScaffoldStore.com no later than the end of the next business day. If Scaffold Store determines that the damage was caused during transit and the customer reported the damage using the above policy, ScaffoldStore.com will ship the replacement product(s) at no cost to the customer. ScaffoldStore.com will also make arrangement to have the damaged products returned to ScaffoldStore.com. Failure to document such damage on the DR or BOL, or notify ScaffoldStore.com within the time period will absolve ScaffoldStore.com, the carrier, all agents, partners and associates from any and all responsibility.
Hidden Damage
If hidden damage (i.e., boxed items) is discovered after the customer has accepted the product, the customer must notify ScaffoldStore.com within thirty six (36) hours of delivery. If it is determined that the damage was caused during transit and the customer reported the damage using the above policy, ScaffoldStore.com will ship the replacement product(s) at no cost to the customer. ScaffoldStore.com will also make arrangement to have the damaged products returned to ScaffoldStore.com.
Condition of Scaffolding Products
All of the products listed on ScaffoldStore.com are new, unless otherwise noted. While ScaffoldStore.com takes preventative precautions to minimize cosmetic and superficial scratches, such scratches and chafing is inherently part of storing, shipping and using scaffolding. The customer should use an enamel-based paint to cover such scratches (if rust is an issue). Due to the product(s) moving through multiple shipping terminals, the presence of dust, dirt, or a grease-like film may also be common. The above circumstances are not considered damage and no action shall be taken by ScaffoldStore.com, its suppliers, vendors, or shipping carriers.
Missing items
The customer is responsible for inspecting all ScaffoldStore.com items immediately upon delivery, and prior to signing that all items were "Received in Good Condition". All missing items must be noted on the original Delivery Receipt (DR), or the Bill of Lading (BOL) in the presence of the driver. The customer must notify ScaffoldStore.com no later than the end of the next business day. If it is determined that the customer is missing items paid for, and the customer reported the missing items using the above policy, ScaffoldStore.com will ship the replacement product(s) at no cost to the customer. Failure to document missing items on the DR or BOL, or notify ScaffoldStore.com within the time period will absolve ScaffoldStore.com, the carrier, all agents, partners and associates from any and all responsibility. Broken pallets, loose items, open boxes/bags, and visible damage are all indicators that the customer must inventory all items using the attached Packing Slip. Any/all discrepancies between the Packing Slip and the items received must be noted on the DR, or BOL and ScaffoldStore.com must be notified, no later than the end of the next business day.
Product Images
Some product pictures displayed on ScaffoldStore.com may be generic to depict the actual product. The product(s) shipped may vary from the image on the website, in color, or design, but , the product will match the product description, specifications and details. If you have any questions, or concerns, please CONTACT US BEFORE PLACING YOUR ORDER.
Shipping
Scaffold Store provides a
personalized shipping quote on each and every order, based on the
weight, dimensions and location of your shipment. Scaffold Store will determine the
best shipping method that will be the least costly and most efficient
for your specific order. Scaffold Store will contact you
regarding the shipping charges. Scaffold Store Will Not process your order, until we receive the customer's approval of the shipping charges!
After the customer has accepted the shipping cost, that amount will be
added to the order total and will be charged to the credit card
provided.
Customers who place their order "ONLINE" and
enter an incorrect, incomplete, or the wrong "Ship To" address may incur
additional shipping fees (i.e., re-consignment fees, re-labeling fees,
additional freight, etc.). In this event, the customer is responsible
for these fees. For this reason, it is important to review your
information when placing your order online. In certain cases, some
orders may be able to be picked-up at the assigned Shipping Terminal at
no additional charge. Customers that refuse to pay additional fees, as a
result of their error, and customers that can not or will not pick-up
their order at the assigned Shipping Terminal may cancel their order.
The "Cancellation Policy" will apply to these orders!
Scaffold
Store reserves the right to cancel any order, at any time, for any
reason. In such cases, Scaffold Store will refund, to the customer, the
full amount of the order.
General Delivery Information
In an attempt to protect our customers, our products, and our company, ALL deliveries must be signed for by the customer, or a responsible adult as chosen by the customer (i.e. family, friend, employee, neighbor, etc.). The responsible adult will be considered to be acting as an authorized agent of the customer. Please note that some carriers require the responsible adult to be 21 years of age, with a valid state issued picture identification.
If all attempts by a carrier to deliver the customer's order(s) have failed for any of the reasons listed below, the customer shall be responsible for any and all fees associated with rescheduling delivery, or returning the product to the Scaffold Store warehouse. All of our carriers will make several attempts to make contact with the customer, however, the number of attempts to contact the customer and the length of time the carrier will hold the product varies. It is always in the customer's best interest to expeditiously set an appointment and accept delivery of their respective order!
1) The customer fails to return the carriers phone call/email request for a delivery appointment.
2) The customer fails to contact the carrier to schedule a delivery appointment.
3) An appointment has been scheduled and the customer fails to keep the appointment.
International Orders (Orders outside the United States)
International orders may be subject to customs fees, import taxes, duties, or other fees imposed by your government. Scaffold Store does not charge these fees, and we have no control over the amount of the fees. All such fees are your responsibility, and are not included in the shipping charges quoted to you. Please contact your customs office for information about additional fees.
Contact Us:
Scaffold Store
11827 Eastex Freeway
Houston, TX 77039
1-888-777-4133
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