2 Basis of Charging

The Hirer will pay the hire charges stated in the Contract. Hire charges will commence from the time stated in the Contract and will continue during the period of hire until a collection or off-hire number has been given by the Supplier to the Hirer or until the Equipment is restored to the Supplier in a clean and serviceable condition against the Supplier’s receipt. All time is chargeable, including Saturday, Sunday, Bank Holidays etc. All charges are payable on demand. If payment is not made on due date the Supplier will be entitled to interest on the amount that is overdue at the contemporary base rate of the national Westminster Bank PLC plus 4% calculated on a daily basis. This shall be without prejudice to any other rights or remedies of the Supplier. Any charges reasonably incurred in the recovery of money or Equipment will be paid by the Hirer.

 

2.1 Method of Charging

As of 2020 our contract hires payment terms have changed. We are now using the payment gateway ‘GoCardless’. Once you have paid the deposit amount for your hire agreement, you will receive an email from GoCardless to agree to be set up on our system. Please ensure the deposit amount is payed immediately upon signing this document and that the GoCardless gateway is set up promptly once received.

 

3 Delivery and carriage charges

All times quoted or stated for delivery are approximate only. Hirer charges do not include carriage. Any expenses incurred by the Supplier in delivering or collecting Equipment or attempting the same, will be paid by the Hirer. Where carriage charges are quoted by the Supplier such charges will include only for the time required to load or unload alongside the Supplier’s vehicle at the address specified by the Hirer. Further time or attendance will be paid for by the Hirer.

 

4 Maximum Period of Agreement (If hirer is not a Limited Company)

If the Hirer is an individual or partnership (including an unincorporated body of persons) and not a Limited Company the Contract will terminate not later than three months from the commencing date of the period of hire. In such circumstances the Hirer will, not later than close of business on the penultimate day of the said three months, restore the Equipment to the Supplier. Equipment not restored to the Supplier will be subject to a charge equating to the financial loss to the Supplier.

 

5 When the contract comes into being

The Contract shall come into being between the Hirer and the Supplier when the Hirer has placed and order, detailing his requirements and agreeing to be bound by these Conditions and the Supplier has accepted the order.

 

6 Responsibility of the hirer and person making the contract

The person making the Contract warrants that he has authority of the Hirer to make this Contract on the Hirer’s behalf and hereby agrees to indemnify the Supplier against all losses and costs that that may be incurred by the Supplier if this is not so. The said person and Hirer jointly and severally hereby undertake to ensure that no-one uses the Equipment who is not properly instructed in its safe and proper operation and to ensure that every user is in possession of instructional material(if any) supplied by the Supplier and will not allow the Equipment to be misused.

 

7 When signature for receipt of equipment becomes effective

Where, for administrative convenience, the Hirer or his agent is requested by the Supplier to sign for the receipt of the Equipment before the Equipment is handed over, the Hirer or his agent will examine the Equipment at the time of the physical hand-over and the effect of such signature shall not become effective until immediately after the physical hand-over.

 

8 Responsibility of Hire

• The Hirer will be responsible for the loading and unloading of Equipment at the address specified by the Hirer and likewise at the Supplier’s premises when transported by the Hirer, or his agent, and any person supplied by the Supplier shall be deemed to be an employee of the Hirer or his agent at such times.

• The Hirer’s responsibility for the Equipment commences on the receipt of the Equipment by the Hirer or his agent or on delivery as requested and ends only when the Hirer is in possession of the Supplier’s unqualified receipt for all the Equipment. The Hirer will not sell or otherwise part with the Equipment.

• The Hirer will at all times and in all respects indemnify the Supplier against and from, any and every expense, liability, financial loss, claim or proceedings whatsoever and in respect of personal injury whatsoever or damage to or loss of any property whatsoever (other than the Equipment itself which shall be covered by Conditions 13 &14) arising out of or in connection with or consequent upon the delivery, use non-use, repossession, collection, return or non-return of the Equipment or any part thereof.

• Nothing in this clause shall affect the statutory rights of the Hirer or purport to exclude any liability which may not be excluded under the Unfair Contract Terms Act 1977 or any statutory modification thereof.

 

9 Electrical Equipment

Where the Equipment is electric in part or in whole 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 reinstate it to its original condition. It will be the Hirer’s responsibility at all time 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. The Hirer will be responsible for complying with the requirements of the Electricity at Work Regulations 1989 during the period of the Hirer’s responsibility for the equipment as defined in Clause 8(2) of these Conditions

 

10 maintenance of equipment, breakdown procedures and accident reporting

The Hirer will keep himself acquainted with the state and condition of the Equipment and ensure that it remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of the Equipment must be immediately notified to the Supplier. Under no circumstances will the Hirer repair or attempt to repair the Equipment unless authorised by the Supplier. The Equipment must be returned to the Supplier’s premises for examination except where examination elsewhere has been mutually agreed upon. If the Equipment is involved in any accident resulting in damage to the Equipment or other property or injury to any person, the Hirer will notify the Supplier immediately.

 

11 Removal of equipment

Equipment must not be removed from any site originally specified by the Hirer or from any subsequent authorised site without the authority of the Supplier.

 

12 Consequential Losses

The Supplier shall not be liable for any consequential loss to the Hirer including any expenses, liability, loss, claim or proceeding whatsoever caused by or arising out of the late delivery, non-delivery, unsuitability or lawful repossession of the Equipment or any part thereof or any rights of a person dealing as a consumer as defined by the Unfair Contract Terms Act 1977 or any statutory modification thereof. 

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13 insurance and responsibility for lost, stolen or damaged equipment

The Hirer agrees to pay the Supplier the full replacement cost of any Equipment which is lost or stolen or damaged beyond economic repair and should insure the goods on this basis. All monies received by the Hirer from an insurance company or from any other source in settlement of any claim relating to the loss, theft or damage of any Equipment shall, to the extent that any payment is due to the Supplier under this Condition, be held in trust by the Hirer and paid to the Supplier on demand. The Hirer shall not compromise any claim without the express consent of the Supplier. 

 

14 Non-returned, lost stolen damaged or unclean equipment

• The Hirer accepts full responsibility for the care and safekeeping and return in good order of the Equipment.

• The Hirer will pay to the Supplier all costs incurred by the Supplier in rectifying the condition of any Equipment returned damaged or unclean. Additionally, the Hirer will pay to the Supplier a charge equating to the financial loss to the Supplier until such rectification is complete.

• Where Equipment is lost or stolen or damaged beyond economic repair the Hirer accepts liability to pay for all financial loss to the Supplier until the liability referred to in Condition 13 is discharged. The Hirer’s liability under this Condition shall be without prejudice to any other right of the Supplier.

 

15 Determination of hire

The Supplier shall be entitled at any time if the Hirer is in breach of Contract, or if any act or proceeding in which the Hirer’s solvency is involved is commenced, top terminate this Contract (such termination to be effective immediately) and to repossess the Equipment or part thereof. Such termination shall not affect the right of the supplier to recover from the Hirer any monies due under this Contract or damages for breach thereof.

 

16 Rights of Access

The Hirer hereby authorises the Supplier (upon production of this document) to enter upon any land or premises wherein the Supplier reasonably believes any Equipment or any part thereof to be, and in so far as the Supplier in his absolute discretion deems necessary to inspect, test, repair, replace or repossess the same.

 

17 Rights reserved

Any failure by the Supplier to enforce any of these Conditions shall not be construed as a waiver of any of the Suppliers rights hereunder.

 

18 Separate term validity

Should any term in this Contract be held invalid such invalidation shall not affect the validity of the remaining terms. Headings in these Conditions are for reference purposes only and shall not affect the interpretation of these Conditions.