1) DEFINITIONS AND LAW
The Contract is the document or documents that set out these Conditions and all other details about your agreement with us. “We” and “Us” mean the supplier of hired equipment or seller of the Goods. “You” means the person, company, firm, corporation, public authority or body who buys the Goods or to whom we supply Equipment on hire. “Equipment” means the hired items referred to in the Contract. “Goods” mean all goods to be sold by us to you. “Recipient” means the person, company, firm, corporation, public authority to whom the Goods are delivered, when it is not you. “Rental” means the charging rate for the hire of Equipment. “Force Majeure” means event outside a party’s reasonable control including but not limited acts of God, war, flood, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events. “Liability” means liability for all damages, claims, proceedings, expenses, costs, awards and any other losses and/or liabilities.
These Conditions exclude any terms and conditions you may have put forward except where we have agreed to any amendments or other conditions in writing. These Conditions do not affect the statutory rights of a person dealing as a consumer as defined in the Unfair Contract Terms Act 1977 or any statutory modification of that Act. The Contract will be governed by and interpreted in accordance with English Law.
2) BASIS OF CONTRACT
The Hire of Equipment is subject to its availability when required by you. We will not be liable for any losses incurred by you due to Hire Equipment or Goods being unavailable through circumstances beyond our control. The Contract comes into being when you have placed an order giving details of your requirements and have agreed to be bound by these Conditions and we have accepted your order.
3) BASIS OF CHARGING AND PAYMENT
You will pay the hire charges stated in the Contract. Hire charges will begin at the time stated in the Contract and will continue during the period of hire until we have given you a collection or off-hire number, or until you have restored the Equipment to us in a clean and serviceable condition and we have given you a receipt for it. All time is chargeable including Saturdays, Sundays and Bank Holidays. All charges are payable on demand. If payment is not made when due, we will be entitled to interest on the amount which is overdue at the rate of 0.25% charged daily or as set out by law under the Late Payment of Commercial Debts (Interest) Act 1998 (where applicable). This will be without prejudice to any other rights or remedies we may have. You will also pay to us any charges we reasonably incur in the recovery from you of the money or Equipment. We reserve the right to set a credit limit for you. We reserve the right to terminate or suspend the Contract for the Equipment or Goods if allowing it to continue would cause you to exceed its credit limit or if the credit limit is already exceeded.
4) DELIVERY AND CARRIAGE
Standard charges do not include carriage. You will pay to us any agreed charges for delivering or collecting Equipment or Goods. Where we quote carriage charges, these include only the time required to load or unload alongside our vehicle at the address you have specified. You will pay extra for any further time or attendance including any attempt by us to carry out your pre-arranged instructions for delivery or collection which is unsuccessful due to your acts or omissions. All times which we state or quote for delivery or collection are approximate. Where we provide services the persons carrying out the services are servants to you once you instruct such persons they are under your direction and control. You shall be solely responsible for any instruction guidance and/or advice given by you to any such person and for any damage which occurs as a result of such persons following your instructions, guidance and/or advice excepting negligence by the persons performing the services. You will provide sufficient access to the site, sufficient unloading/loading space, necessary aids, equipment and access to utilities for your employees, sub-contractors and/or agents to enable them to carry out the services. It is your responsibility to ensure that the site is necessarily cleared and prepared prior to the commencement of services.
5) SAFETY AND INSTRUCTIONS
It is your responsibility to make sure that all people who use the Equipment are properly instructed in its safe and correct use and that they are in possession of all instructions supplied by us. You must ensure that the Equipment is not misused.
6) WHEN YOUR SIGNATURE FOR RECEIPT OF HIRE EQUIPMENT BECOMES EFFECTIVE
Where for administrative convenience you or your agent are requested by us to sign a receipt for the Equipment before it is handed over, you or your agent will be given the opportunity to examine the Equipment when it is physically handed over to you or your agent. The receipt will not be effective until immediately after the physical handover.
7) RECEIPT OF GOODS OR EQUIPMENT
You, or the Recipient on your behalf, will receive and unload the Goods or Equipment and should check them for quantity and condition in the presence of the carrier. If there is a shortage, or if any of the Goods or Equipment are in an unsatisfactory condition, you or the Recipient must so endorse the carrier’s delivery document end must give a separate written notice of this to us within three days of delivery. If this Condition is not observed, no claim in respect of shortage or of unsatisfactory condition of the Goods or Equipment will be entertained.
8) RISK AND TITLE TO GOODS OR EQUIPMENT
The risk in the Goods or Equipment will pass to you immediately on delivery of the Goods or Equipment to you or to the Recipient. The ownership of the Goods or Equipment will remain with us and we reserve the right to dispose of the Goods or Equipment until you have paid in full for all Goods or Equipment which we have supplied at any time to you. Until such payment has been made in full you will hold the Goods or Equipment on our behalf and will be under an obligation to return them to us on demand. You will permit us to enter any land or premises of yours to inspect or recover our Goods or Equipment. You retain the risk in the hire Equipment until we are in physical possession of the hire Equipment even if we have agreed to terminate the chargeable hire period of the hire Equipment.
9) RESPONSIBILITY OF HIRER (YOUR RESPONSIBILITY)
You will be responsible for the loading and unloading of the Equipment at the address specified by you. You will also be responsible for the loading and unloading of the Equipment at our premises when the Equipment is transported by you or your agent. If we supply any person to assist you, such persons will be under your control at all times. Your responsibility for the Equipment begins when you or your agent receive the Equipment. If it is delivered to you your responsibility begins on delivery. Your responsibilities include the Equipment’s safekeeping, protection against the elements, theft, vandalism or improper use. You are responsible for the return of the Equipment or making clear arrangements with us for the collection of the Equipment at the end of hire. Your responsibility ends only when the Equipment has been returned or collected and you have our unqualified receipt for all of the Equipment. You must not sell or part with control of the Equipment. You will not remove any labels, tamper with or attempt to repair the Equipment and will only use it in accordance with issued safety instructions. You will not fail to carry out anything which we have advised may result in invalidating the insurance for any Equipment. Where Equipment requires electricity, fuel, water, oil, etc you will ensure that correct voltage/engine additives are used and that any installation or maintenance is carried out by a competent person. You will indemnify us against any and every expense liability, financial loss, claim or proceedings whatsoever, and in respect of any death or personal injury whatsoever or damage to or loss of property whatsoever (other than the Equipment itself, which is governed by Conditions 13 and 14) arising out of the delivery, use, non-use, repossession, collection or return of the Equipment or any part of it. This indemnity will be reduced in proportion to the extent that such expense, liability, financial loss, claim or proceedings or death or personal injury or damage to or loss of property is due to our proven negligence.
10) ELECTRICAL EQUIPMENT
Where any part of the equipment is electrical it should normally be used with plugs and/or sockets as fitted but if temporarily fitted with other suitable plugs or sockets this must be carried out by a competent person who must also return it to us in its original condition. It will be your responsibility at all times to arrange a suitable supply of electricity for use with the Equipment. Under no circumstances should electrical Equipment be used without it being correctly earthed unless it is of double insulated specification. You will be responsible for
complying with the Electricity at Work Regulations 1989 during the period of your responsibility for the Equipment as defined in condition 9 of these Conditions.
11) MAINTENANCE OF EQUIPMENT, BREAKDOWN PROCEDURES & ACCIDENT REPORTING
You must keep acquainted with the state and condition of the Equipment and ensure that it remains safe, serviceable and clean. Any breakdown or unsatisfactory working of the Equipment must be immediately notified to us. Under no circumstances must you repair or attempt to repair the Equipment unless authorised by us. The Equipment must be returned to our premises for examination except where examination elsewhere has been mutually agreed upon. You must notify us immediately if the Equipment is involved in any accident resulting in damage to the Equipment or to other property or injury to any person. Concession will be given on Rental to you for any period where the hire Equipment cannot be used due to breakdown caused by it having an inherent fault and/or fair wear and tear on condition that we are informed by you as soon as practically possible of the breakdown. You will be charged for the Rental of the hire Equipment up to and including the date you notify us that the hire Equipment has been lost, stolen and/or damaged.
12) LOCATION OF EQUIPMENT
Equipment must not be removed without our authority from any site originally specified by you or from any site we subsequently authorise.
13) LIMITS OF OUR LIABILITY
We will not be liable for any delays caused by any circumstances beyond our reasonable control. We will not be liable for any indirect loss, loss of business, profits, savings you expect to make, wasted money, wages, fees or expenses due to late delivery, non-delivery, unsuitability, breakdown or stoppage of the Equipment or any part of it. The extent of our Liability in terms of any loss of damage to your property will be limited to the replacement cost of the damaged property. Defective hire Equipment must be returned to us for inspection if requested by us prior to our acceptance of any Liability resulting therein. No Liability will be accepted by us if any monies are due to us by you in respect of hire Equipment or services which are withheld without just cause. No Liability will be accepted by us for additional damage, loss, liability, claims, costs or expenses caused or contributed to by your continued use of defective hire Equipment and/or services after a defect has become apparent, suspected or should reasonably have become apparent to you. We shall be given reasonable opportunity to resolve any matter for which we are liable prior to the incurring of any costs and/or expenses involved in you resolving anything yourself. If we are not given this opportunity we shall have no Liability to you.
14) INSURANCE AND YOUR RESPONSIBILITY FOR LOST, STOLEN, OR DAMAGED EQUIPMENT
You will pay us the replacement cost of any Equipment which is lost or stolen or damaged beyond economic repair. You are advised to insure the Equipment on this basis. You will hold in trust for us and pay to us on demand all money you receive from an insurance company or from any other source in settlement of any claim relating to the loss, theft or damage of any of the Equipment. You must not compromise any claim without our express consent.
15) NON-RETURNED, LOST, STOLEN, DAMAGED OR UNCLEAN EQUIPMENT
You have full responsibility for the care and safekeeping and return in good order of the Equipment. You will pay us all costs we incur in rectifying any Equipment returned damaged or unclean. Additionally you will pay for our financial loss until such a rectification is complete. Where Equipment is lost or stolen or damaged beyond economic repair, you will pay for all financial loss to us until you have paid to us the replacement cost. This is without prejudice to our other rights.
16) TERMINATION OF HIRE
In Contracts where the hire period has a fixed duration, neither you nor we may override that fixed duration unless mutually agreed with the other party. Where there is no fixed duration of hire period, either you or we may terminate the Contract by giving any prior agreed notice to the other party. You may terminate the Contract by physically returning the hire Equipment to us where no fixed duration of hire period has been agreed. We reserve the right to terminate the hire of Equipment by giving 14 days’ notice to you. We will be entitled at any time if you break this Contract or if any proceedings are commenced in which your solvency is called into question to terminate this Contract with immediate effect and to repossess any or all of the Equipment. Such termination will not affect our right to recover from you any money due to us under this Contract or damages for breach of contract.
17) RIGHTS OF ACCESS
You authorise us to enter any land or premises where we reasonably believe any Equipment to be in order to inspect, test, repair, replace or repossess it.
18) RIGHTS RESERVED
Any failure by us to enforce any or all of these Conditions shall not amount to, or be interpreted as, a waiver of any of our rights.
If any term in this Contract is held invalid this shall not affect the validity of the remaining terms. The headings in these Conditions are for reference purposes only and shall not affect the interpretation of these Conditions. Upon termination of the Contract the provisions of sections 4 and 16 shall apply in full effect. Individually hired items of Equipment shall form Contracts in their own right which are separate from all other Contracts. You accept Liability for actions and omissions of your employees, agents, servants and subcontractors as though incurred by you under this Contract. You agree to compensate us against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities inflicted upon us and arising from or due to breach of contract. We shall have no liability to you for any delay and/or non-performance of a Contract if the delay and/or non-performance is due to any Force Majeure events. If we are affected by such an event then the delay of Contract performance shall be extended relative to the period that such events necessitated delay. There shall be no third party rights included and neither shall any third party have any rights to enforce the Contract.