GENERAL CONDITIONS OF HIRING GOODS AND CONDITIONS OF SALE
1. Definitions
Contract - the document or documents that set out these conditions and all other details about your agreement with us.
We, us, our -the company providing the hired goods
You -the person, firm company or other organisation hiring or buying the goods/service from us
These conditions override any terms and conditions you may have put forward, unless we have agreed to any other conditions in writing.
These conditions do not affect your rights as a person dealing as a consumer, not for business purposes.
The contract will be governed by English Law.
2. Our Charges
a Charges for hiring goods/service
You must pay the hire charges shown in the contact.
Hire charges will start at the time shown in the hire contract and will continue until:
We have collected the hired goods.
• You have returned the goods to us in a clean and usable condition and we have given you a receipt for them;
whichever is earlier.
Hire charges are due all the time you have the goods including Saturdays, Sundays and public holidays. You must pay all charges you owe when we ask for them.
b Payment terms for buying goods
If we have agreed to invoice, you must pay all our invoices net 30 days of invoice date. If you are not invoiced, you must pay us when you place your order; or when the goods are delivered if we have agreed this with you.
c Interest and other charges
If you do not pay any amount when it is due, we will add interest to the amount that is overdue. We will add interest each day at a daily rate equal to 4% above L10yds TSB Bank pic PLC's base rate at the time. Charging interest will not affect any other rights we may have. You must also pay any of our reasonable expenses in recovering money or goods form you.
3. Delivery and collection charges
You must pay us any agreed charges for delivering or collecting goods. If we quote carriage charges, these only cover the time needed to load or unload our vehicle at the address you have specified and set up of the equipment where applicable. You must pay extra for any further time you cause us to spend, including if we try to follow your instructions for delivering or collecting the goods but cannot do so because of your acts or failure to do something.
4. Condition of hired goods
You shall be deemed to have inspected the hired goods (accessories and trailer(s) if supplied) and to have agreed that it is supplied in good condition. You must advise us of any faults or damage when coming in to possession of the hired goods before signing these terms and conditions.
5. When the contract starts
The contract comes into effect when you have placed an order, agreed to keep these conditions and we have accepted your order.
6. Safety instructions for hired goods
You must make sure that everyone who uses the goods is properly instructed on how to use them safely and correctly, and that they have all the instructions we have supplied. You must make sure the goods are not misused.
7. Your responsibility when hiring goods
a You will, during the period of the hiring, be responsible for the supervision of the hired goods, its care, safety from damage however slight of any sort, and the behavior of all persons of all ages using the hired goods whatever their capacity, including proper supervision of children to ensure children under school age use the hired goods separately to older children or adults.
b You become responsible for the goods when you, or your agent, receive them. If the goods are delivered to you, this will be when your responsibility starts. Your responsibilities Include protecting the hired goods and keeping them safe from the weather, theft, vandalism or improper use. Your responsibility ends once the hired goods have been inspected and collected. You must not sell or in any way give up control of the hired goods.
c You shall not use the hired goods for any purpose other than that described in the hiring agreement, and shall not sub-hire or use the hired goods or allow the hired goods to be used for any unlawful purpose or in any unlawful way,
d You will be responsible for any death, injury, loss or damage caused by the hired goods being misused during your hire period.
8. Electrical goods
If any part of the goods is electrical, it should be used with the original plugs or sockets fitted to it. You must make sure you have a suitable supply of electricity for the goods, Never use electrical goods that are not earthed correctly unless the goods are double insulated, You must keep to all regulations which apply, including the Electricity at Work Regulations 1989, while you are responsible for the goods.
9. Maintaining hired goods, breakdown procedures and reporting accidents
You must make sure the goods remain safe, clean and in working order, If the goods break down or are not working properly you must report this to us immediately. You must not repair the goods unless you are authorized by us. You must tell us immediately if the goods are involved in any accident resulting in damage to the goods or to other property, or injury to any person, You must take all necessary steps to make the goods safe and to protect them against theft or damage.
10. Where hire goods are placed
The hired goods must not be moved from any site agreed by us unless you have our written permission.
11. Limits of our liability
a All the times we quote for delivering or collecting the goods are approximate.
b We will not be liable for any delays caused by circumstances beyond our reasonable control.
c If you hire or buy goods for use in a business, we will not be liable for any indirect loss or any loss of business profits, savings you expected to make, wages, fees or expenses, caused by the goods or any part of them breaking down or stopping working properly.
12. Insurance; payment for hired goods that are lost, stolen or damaged
You must pay to us the cost of replacing any hired goods which are lost or stolen or damaged beyond economic repair (that is if the repair would cost more than the equipment is worth). You should insure the goods for the replacement cost. If you receive any money as settlement of any claim relating to the damage to or loss or theft of the goods, you must hold that money separately in trust for us and pay it to us when we ask you to. You must not negotiate any claim without our permission.
13. Lost, stolen, damaged or unclean hired goods
a You are responsible for the hired goods whilst in your possession.
b No food or drink is to be taken onto or consumed on the hired goods
c No smoking on or near the hired goods.
d No Party Poppers, Coloured streamers or Silly String should be taken, thrown or sprayed onto the hired goods as these can stain the hired goods and you may be liable for cleaning or in extreme cases, replacement costs.
e You must not allow anyone onto the hired goods wearing shoes, spectacles, carrying sharp objects, key-rings, metal studded clothing or any other similar items which could cause damage to others or the hired goods.
f You must pay us our reasonable costs of repairing or cleaning the goods ifthey are damaged or unclean whilst in your possession.
14. Ending the contract if you hire in the course of a business
We may end this contract if:
• You break this contract; or
• You become bankrupt; or
• As a company, you start to be wound up or a receiver or administrator is appointed over all or part of your assets; or
• You enter into an agreement with your creditors or a voluntary agreement is made which affects you; or
• You enter into a voluntary agreement.
If we end the contract in these circumstances, it will end immediately and we may repossess any or all of the goods. If we end the contract, it will not affect our right to recover any money you owe us under this contract or damages we claim as a result of you breaking this contract.
15. Ending the contract if you hire as a private individual and not in the course of a business
If you are hiring the goods as a private individual and not in the course of a business, we may end the contract if;
• You break this contract; or
• You become bankrupt; or
• You enter into a formal agreement with your creditors (those you owe money to).
If we end the contract in these circumstances we will work out the hire charges for the actual period you have had the goods.
16. Our rights of access
We may enter any land or premises where we reasonable believe the goods are. We may do this at reasonable times and after giving reasonable notice. We can only have this access if we need to inspect, test, repair, service, replace or repossess the goods.
17. Ownership of and responsibility for the goods you buy
a If you buy any equipment for us, you will become responsible for loss or damage as soon as the goods are delivered to you.
b We own the goods until you have paid in full for all the goods we have supplied. Until we have received full payment for the goods you will hold the goods on our behalf and you must return them to us if we ask you to. We may enter any land or premises of yours, other than your own home, to recover our goods.
18. Public Liability Insurance
a Provided that the hired goods are used in accordance with the above guidelines and conditions of hire, those using the hired goods should do so safely, However, accidents can happen. We can accept no liability for injuries sustained or any other loss, howsoever caused, in the absence of ours, or any of our employee's negligence. As the hired goods will be in your possession and control whilst in use rather than ours, any liability for injuries or other losses caused other than in the circumstances described above rests with you. Accordingly, it is strongly recommended that you have adequate public liability insurance covering your liability arising from the use of the hired goods.
b Public liability Insurance is excluded in its entirety following any claim or injury to any third party or employee whether directly or indirectly related to the use of drugs and/or alcohol. We exclude any liability for injury loss or damage caused to any person using the hired goods contrary to the terms and conditions of this contract
19. Separate terms
If any term in this contract cannot be enforced, this will not effect the remaining terms.