DEFINITIONS AND LAW.
- The complete contract is the document or documents that set out the terms and conditions and all other details relevant to a particular transaction and is hereinafter referred to as the ‘contract’.
- The goods sold by the seller to the buyer, shall hereinafter be referred to as the ‘goods’.
- The person, firm, company, corporation or public authority shown on the on site work report sheet, sales delivery note or hire contract, as the invoicee is ‘the buyer’.
- The parties to the contract are the seller of the goods and the buyer.
- The person, firm, company, corporation or public authority responsible for delivery of the goods to the delivery address, including the seller when the seller delivers, shall hereinafter be referred to as ‘the carrier’.
- The person, firm, company, corporation or public authority to whom the goods are delivered when it is not the buyer is hereinafter referred to as the ‘recipient’.
- This contract shall be governed by and construed in accordance with the law of England.
- RISK AND TITLES TO GOODS.
- The risk in the goods shall pass to the buyer immediately on delivery to the buyer or the recipient.
- The property in the goods shall remain vested in the seller, and the seller reserves the right to dispose of the goods, until such time as the price thereof shall have been paid in full. If such payment is overdue in whole or in part, or if the buyer is in breach of any terms of this agreement, or if any act or proceedings in which the buyers solvency is involved is commenced, the seller may (without prejudice to any of the sellers rights) recover or resell the goods of any of them and may enter upon the buyer’s land and premises by the sellers servants or agents for that purpose.
- RECEIPT.
The buyer, or recipient on behalf of the buyer, shall receive and unload the goods and shall check the same for quantity and condition in the presence of the carrier, if there is a shortage or if the goods are in an unsatisfactory condition, the buyer or recipient must so endorse the carrier’s delivery document and must give separate written notice thereof to the seller within three days of delivery. If this condition is not observed, no claim in respect of shortage or of unsatisfactory condition of the goods will be entertained and the seller’s liability is therefore limited accordingly.
- PRICE.
The price charged will be the price ruling at the time of the delivery. Where this is at variance with the price quoted when the goods were ordered the buyer will be advised prior to delivery.
- PAYMENT.
Where monthly account facilities have been granted to the buyer in writing, all invoices must be paid by the last day of the month following month of delivery, where no such facilities have been granted payment will be with order or where previously agreed on delivery. Where these facilities are exceeded the seller shall be entitled to interest on the amount that is overdue at the National Westminster Bank Plc base rate plus 4% calculated on a day-to-day basis. This shall be without prejudice to any other rights or remedies of the seller. Any legal charges incurred in the recovery of money or equipment will be paid by the buyer.
- ACCEPTANCE OF TERMS.
Taking delivery of the goods or part thereof shall imply acceptance by the buyer of these conditions if he has not otherwise accepted the same.
- WHEN SIGNATURE FOR RECIEPT OF GOODS BECOMES OPERATIVE.
Where, for administrative convenience, the buyer or his agent is requested by the seller to sign a contract and/or delivery note before the goods are handed over by the buyer or his agent agrees to examine the goods at the time of the physical hand-over and the effect of such signature in respect of receipt of the goods will not become operative until immediately after the physical hand-over.
- RIGHTS RESERVED.
Any failure by the seller to enforce any or all of these conditions shall not be construed as a waiver of any of the seller’s rights hereunder.
- TERMS OF CONTRACT.
These conditions have effect in substitution for, and to the exclusion of any condition put forward by the buyer.
General conditions for the hiring of equipment
- DEFINITIONS AND LAW.
The complete contract is the document or documents that set out these terms and conditions and all other details relevant to a particular agreement and is hereinafter referred to as the ‘contract’.
The Hired item(s) are those stated in the relevant contract and are hereinafter referred to as the ‘equipment’. The ‘Hirer’ is the person, firm, company, corporation or public authority taking the suppliers equipment on hire. The parties to the contract are the supplier of the equipment and the hirer named in the contract.
This contract shall be governed by and construed in accordance with the law of England.
- BASIS OF CHARGING.
The Hirer will pay the hire charge stated in the contract. Hire charges will commence from the time stated in the contract and will continue during the period of hire until the equipment is restored to the supplier in a clean and serviceable condition against the suppliers receipt. All time is chargeable, including Saturday, Sunday, Bank Holidays etc. All charges payable on demand. If payment is not made on due date the supplier shall 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 day to day basis. This shall be without prejudice to any other rights or remedies of the supplier. Any legal charges incurred in the recovery of money or equipment will be paid by the hirer.
- CARRIAGE CHARGES.
Hire charges do not include carriage. Any expenses incurred by the supplier in delivering or recovering equipment or attempting the same, will be paid by the Hirer. Where carriage charges are quoted by the supplier such charges will include a charge for a maximum 30 minutes attendance by the suppliers vehicle at the address specified by the Hirer. Further time will be paid for by the Hirer.
- 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 3 months from the commencing date of the period of hire. In such circumstances the Hirer shall by not later than close of business on the penultimate day of the said 3 months restore the equipment to the supplier. Equipment not restored to the supplier will be subject to a charge equating to the financial loss of the supplier.
- EXTENT OF CONTRACT.
The contract will come into being between the Hirer and the supplier when the Hirer has placed an order, detailing his requirements and agreeing to be bound by these conditions, and the supplier has accepted the order.
- RESPONSIBILITIES OF THE HIRER AND PERSON SIGNING.
The person signing the contract warrants that he has the authority of the Hirer to make this contract on the Hirers behalf and hereby agrees to indemnify the supplier against all losses and costs that may be incurred by the supplier if this is not so. The said person hereby acknowledges that he has been instructed in the safe and proper operation of the equipment. The said person and Hirer jointly and severally hereby undertake to ensure that no one uses the equipment who is not properly instructed and to ensure that every user is in profession of instructional (if any) material supplied by the supplier and shall not allow the equipment to be misused.
- WHEN SIGNATURE FOR RECEIPT OF EQUIPMENT BECOMES OPERATIVE.
Where, for administrative convenience, the Hirer or his agent is requested by the supplier to sign a contract before the goods are handed over the Hirer or his agent agrees to examine the goods at the time of the physical hand-over and the effect of such signature will not become operative until immediately after the physical hand-over.
- RESPONSIBILITY OF HIRER OR HIS AGENT.
- The Hirer or his agent shall be responsible for the loading and unloading of the equipment at the address specified by the Hirer, and likewise at the suppliers premises when transported by the Hirer, or his agent, and any person supplied by the supplier shall be deemed to an employee of the Hirer or his agent at such times.
- The Hirers responsibility for the equipment commences on the receipt of the equipment by the Hirer or his agent or on delivery as requested and ends 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 control of the equipment.
- The Hirer shall at all times and in all respects indemnify the supplier against and from, any and every expense, liability, financial loss, claim or proceedings whatsoever in respect of any personal injury whatsoever (including but without prejudice to the generality of the foregoing, injury to the Hirer and injury to any servant, employee or agent of the Hirer) and in respect of damage to or loss of any property whatsoever (including the equipment indemnity as determined by Condition 13) arising out of or in connection with or consequent upon the hire, delivery, use, misuse, non-use, repossession, collection, return or non-return of the equipment or any part thereof. This sub clause shall not apply in the case of a person dealing as a consumer as defined by the Unfair Contracts Terms Act 1977 where all the expense, liability, financial loss or claim or proceeding or damage or loss of any property aforesaid results from the breach of contract or the negligence of the supplier.
- ELECTRICAL EQUIPMENT.
Where the equipment is electrical in part or in whole the same should normally be used with plugs and/ or sockets as fitted but if temporarily replaced with other suitable plugs or sockets, this must be carried out by a competent person who must also reinstate to original condition. It will be the Hirer’s 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.
- MAINTANENCE OF EQUIPMENT AND BREAKDOWN PROCEDURES.
The Hirer shall 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 equipment must be immediately notified to the supplier. Under no circumstances shall the Hirer repair or attempt to repair the equipment unless authorised by the supplier. Such equipment must be returned to the supplier’s premises for examination or when rectification elsewhere is requested, the Hirer agrees to pay carriage if required by the supplier.
- REMOVAL OF EQUIPMENT.
Equipment must not be removed from the site specified by the Hirer when the equipment was collected, without the authority of the supplier or from any subsequently authorised site, or from the address to which the supplier delivered the equipment.
- CONSEQUENTAL LOSS.
The supplier shall not be liable for any consequential loss to the Hirer including any expense, 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 breakdown or stoppage of same. Nothing in this clause shall affect the statutory rights of a person dealing as a consumer as defined by the Unfair Contracts Terms Act 1977.
- INDEMNITY FOR LOST, STOLEN OR DAMAGED EQUIPMENT.
The Hirer agrees either to insure the equipment against loss, theft or damage beyond economic repair on a ‘new for old basis’ or alternatively indemnify the supplier in a similar amount. All monies received by the Hirer from an insurance company or from any other source in settlement of such claims shall 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.
- 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.
- In the case of equipment which is lost or stolen or damaged beyond economic repair the Hirer shall in all cases meet the Hirer’s obligation under condition 13 is paid. The Hirer’s liability under this condition shall be without prejudice to any other rights of the supplier.
- DETERMINATION OF HIRE.
The supplier shall be entitled at any time if the Hirer is in breach of this contract to terminate this contract (such termination to be effective immediately) and to repossess the equipment or any part thereof.
- RIGHTS OF ACCESS.
The Hirer hereby authorises the supplier (upon production of this document) to enter upon any premises wherein the supplier responsibly believes any equipment, or any part thereof to be, and if, and in so far as, the supplier in his absolute discretion deems necessary, to inspect, test, repair, replace or repossess the same.
- RIGHTS RESERVED.
Any failure by the supplier to enforce any or all these conditions shall not be constructed as a waiver of any of the supplier’s rights hereunder.
- SEPARATE TERM VALIDITY.
Should any term in this contract be held to be invalid such invalidation will not affect the validity of the remaining terms.
- TERMS OF CONTRACT.
These conditions have effect in substitution for, and to the exclusion of, any conditions put forward by the Hirer.
