Terms of Hire
Hire Terms and Conditions
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 the hired Equipment. “You” means the person, firm, company, corporation or public authority or body to whom we supply Equipment on hire. “Equipment” means the hired items referred to in the Contract. 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 by 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 Charging
You will pay the hire charges stated in the Contract. Payment will be made at the time of placing your order, or where previously agreed, on delivery of the Equipment along with an additional deposit to cover the value of the assets on hire the amount of which will be set out in the contract. The minimum hire charge for Equipment (excluding accommodation and bridging) is one month at agreed rates. All charges are payable on demand. If any payment is not made when due, we will be entitled to interest on the amount that is overdue at four per cent above the prevailing base rate of National Westminster Bank PLC calculated on a daily basis. 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 money or Equipment. We reserve the right to vary the hire charges by giving you not less than thirty (30) days prior written (including electronic mail) notice.
3. When the Contract Comes into Being
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 in writing (including electronic mail). No variation to the contract terms can be made without our written (including electronic mail) consent. Should you seek to vary the contract terms then we reserve the right to charge up to the full contract value and recover all reasonable costs.
4. Safety and Instructions
It is your responsibility to make sure that all people who use the Equipment are competent, properly instructed in its safe and correct use and they are in possession of all appropriate instructions. You are responsible for ensuring that any checks, testing, examinations of the Equipment required by Employment and Health and Safety Legislation, and/or any operating instructions we provide are carried out after delivery and for so long as the Equipment remains under your control. You specifically acknowledge and agree that where an examination is to be carried out in accordance with any statutory regulations it is your responsibility to ensure that any examination is carried out within the prescribed inspection interval. You must ensure that the Equipment is not misused. Should we consider the site where the Equipment is to be delivered is in an unsafe condition or position, we reserve the right to request that you render every possible assistance to make the site and the Equipment safe to work on and in accordance with all applicable health and safety legislation and guidance. Failure to render the said assistance will entitle us to terminate the Contract or suspend provision of the Services without any liability to us. Should we carry out an inspection and our inspection reveal defects affecting the safety of the Equipment you will need to take appropriate action in relation to such item.
5. Responsibility of Hirer (Your Responsibility)
(i) Your responsibility for the Equipment begins when you or your agent receive the Equipment after it has been setup. Your responsibilities include safekeeping of the Equipment, and 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 and the seven working day period allowed for us to inspect the equipment has elapsed. You must not sell or otherwise part with control of the Equipment.
(ii) For the purposes of smoke free legislation, you control and manage the Equipment under these terms and conditions, you must comply with the smoke free legislation. You will indemnify us for any loss or damage caused by you failing to comply with the smoke free legislation.
(iii) 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 arising out of the delivery, use, non-use, repossession, collection or return of the Equipment or any part of it.
(iv) If the Equipment is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to us by telephone and confirmed in writing to our registered office.
(v) You should not remove, deface or cover up the name plates or marks which we have placed on Equipment, which indicates that it is property that belongs to us. Nor will you deface, alter or cover up any notices giving warnings, information or instructions about the use of the Equipment. You must take all reasonable, adequate and proper measures to protect the Equipment from vandalism and any other damage including, but not limited to, damage caused by adverse weather conditions such as frost.
(vi) You shall not part with the possession, sub-let or lend the Equipment or any part thereof to any third party without first receiving our written (including electronic mail) permission.
(vii) No rights under the Contract may be assigned by you nor held upon trust for any third party.
6. Environmental
You are responsible for all environmental consequences and environmental impact caused as a result of your use of the Equipment, however so occurring and including but not being limited to any leaks or emissions stemming from the Equipment. You will keep us indemnified from any claims made against us by third parties relating to environmental contamination or emissions or any other environmental issue caused by the Equipment during your period of hire.
7. 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 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 requirements of the Electricity at Work Regulations 1989 and any relevant subsequent regulations during the period of your responsibility for the Equipment.
8. Maintenance, Service and Inspection of Equipment, Breakdown Procedures and Stoppages
You must throughout the period of the Contract take good care of the Equipment and under no circumstances must you make or endeavour to make any repairs, alterations or additions to the Equipment or any part thereof nor permit any other person to do so without our prior written (including electronic mail) consent. Any breakdown or any unsatisfactory working of Equipment must be immediately notified to us. Each item of Equipment specified within the Contract is hired as a separate item and the failure of one or more items, through any cause whatsoever, shall not entitle you to compensation or allowance for the loss of use of any other items (whether our property or otherwise) used in conjunction therewith. The Equipment must be returned to our premises for examination except where examination elsewhere has been mutually agreed upon. You shall at all reasonable times allow us, or our agent or insurers, to have access to the Equipment to inspect, test, adjust, repair or replace the same. You shall be responsible for all loss and damage incurred by us including but not limited to that caused by your negligent misdirection or misuse of the Equipment whether by you or your employees or agents.
9. Location of Equipment
Equipment must not be removed or repositioned without our authority from any site originally specified by you or from any site we subsequently authorise.
10. Limits of Our Liability
(i) We will not be liable for any delays caused by any circumstances beyond our reasonable control.
(ii) We will not be liable for any indirect consequential or special loss, loss of business, profits, goodwill, contracts, revenues, savings you expected 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, even if you have advised us of the possibility of such loss or damage.
(iii) Nothing in these terms and conditions shall exclude us from liability for death or personal injury caused by our negligence, fraudulent misrepresentation or any other type of liability which cannot be excluded or limited by operation of law.
(iv) Our total Liability to you under and/or arising in relation to any Contract shall not exceed 5 times the amount of the Charges or the sum of £1,000, whichever is the higher, under that Contract. To the extent that any of our Liability to you would be met by our insurance then our Liability shall be extended to the extent that such Liability is met by such insurance.
(v) This clause will survive termination or expiry of these terms and conditions.
11. Insurance and Your Responsibility for Lost, Stolen or Damaged Equipment
You will pay to us the replacement cost of any Equipment which is lost or stolen or damaged beyond economic repair. You must insure the Equipment on this basis for the duration of the hire and for a period of seven additional working days post hire while the equipment is assessed for damage. 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.
12. Non-Returned, Lost, Stolen, or Damaged Equipment
(i) You have full responsibility for the care, safekeeping and return in good order of the Equipment.
(ii) You will pay to us all costs we incur in rectifying any Equipment returned damaged or not as delivered.
(iii) 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.
13. Force Majeure
We shall not be liable for any failure to perform any of our obligations as a result of Force Majeure. For the purposes of this Clause, “Force Majeure” means fire, explosion, flood, adverse weather conditions, lightning, act of God, act of terrorism, war, rebellion, riot, sabotage, strike or similar labour dispute, traffic delays or other events or circumstances outside our reasonable control.
14. Termination of Hire
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.
15. Our Rights if 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.
16. 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.
17. Separate Terms Validity and Headings
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.
Version 2.0 – Jun 2023