Terms and Conditions of Plant Hire in Ipswich, Woodbridge, Suffolk
All equipment will be hired under the following Terms and Conditions, should you wish to query this please call our team today on 01473 487333.
Terms and Conditions (v1)
HIRED GOODS (SECTION 1)
1.1 The Terms and Conditions of this Section (Hired Goods) shall apply in respect of Hired Goods only.
1.2 This Section 1 (Hired Goods) is in addition to, and does not replace, the other Sections of the Terms and Conditions.
1.3 As an exception, those clauses and sub clauses marked with (*) do not apply to consumers.
2 Dealing in Hired Goods prohibited
2.1 Ownership in the Hired Goods remains at all times with the Supplier. The Customer has no right, title or interest in the Hired Goods.
2.2 The Customer must not deal with the ownership, or any interest in the Hired Goods. This includes selling, assigning, mortgaging, pledging, charging, securing, withholding, exerting any right to withhold, disposing of and/or lending. However the Customer may re‐hire the Hired Goods to a third party with the prior written consent of the Supplier only.
3 Customer’s obligations in respect of Hired Goods
3.1 The Supplier may require the Customer to insure the Hired Goods on such reasonable terms and for such reasonable risks as the Supplier may specify. The proceeds of any such insurance that relate directly to the Hired Goods shall be held by the Customer in trust for the Supplier and be paid to the Supplier on demand. The Customer must not compromise any claim in respect of the Hired Goods and/or any associated insurance without the Supplier’s written consent.
3.2 Risk in the Hired Goods will not pass back to the Supplier from the Customer until the Hired Goods are back in the physical possession of the Supplier. This shall apply even if the Supplier has agreed to cease charging the Hire Charges, the Hire Period has ceased, or if the Contract has expired or terminated.
4 Delivery, collection and services
4.1 It is the responsibility of the Customer to collect the Hired Goods from the Supplier and return them to the Supplier at the end of the Hire Period. If the Supplier agrees to deliver or collect the Hired Goods to and/or from the Customer it will do so at its standard delivery cost from time to time and such delivery and/or collection will form part of the Services.
4.1.1 Delivery to within 10 miles of Ipswich will be charged at £15.00 per journey for plant and £10.00 per journey for smaller items, the customer will require somebody on site to receive the goods and to sign terms and conditions, if the customer fails to turn up to sign for goods they will be invoiced for both delivery and lost time, total £80.00.
4.2 Where the Supplier provides Services the persons performing the Services are servants of the Customer and once the Customer instructs such person they are under the direction and control of the Customer. The Customer shall be solely responsible for any instruction, guidance and/or advice given by the Customer to any such person and for any damage which occurs as a result of such persons following the Customer’s instructions, guidance and/or advice except to the extent that the persons performing the Services are negligent.
4.3 The Customer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to utilities for the Supplier’s employees, sub‐contractors and/or agents to allow them to carry out the Services. The Customer will ensure that the site where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence.
4.4 If any Services are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay the Supplier’s additional standard charges from time to time for such delay, postponement and/or cancellation except where the Customer is acting as a consumer and the delay is due to a Force Majeure event.
4.5 Upon termination of the Contract, or the expiry of the Hire Period, the Customer shall immediately:
4.5.1 return the Hired Goods to the Supplier or if requested by the Supplier make the Hired Goods available for collection by the Supplier as instructed by the Supplier; and
4.5.2 pay to the Supplier all arrears for, Charges, monies for any Goods and/or any other sums payable under the Contract.
5 Care of Hired Goods
5.1 The Customer shall:
5.1.1 not remove any labels from and/or interfere with the Hired Goods, their working mechanisms or any other parts of them and shall take reasonable care of the Hired Goods and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Customer;
5.1.2 notify the Supplier immediately after any breakdown, loss and/or damage to the Hired Goods;
5.1.3 take adequate and proper measures to protect the Hired Goods from theft, damage and/or other risks; this means hired in goods are to be locked in a building, compound or behind a barrier when stored.
5.1.4 notify the Supplier of any change of its address and upon the Supplier’s request provide details of the location of the Hired Goods;
5.1.5 permit the Supplier at all reasonable times and upon reasonable notice to inspect the Hired Goods including procuring access to any property where the Hired Goods are situated;
5.1.6 subject to clause 2.2, keep the Hired Goods at all times in its possession and control and not to remove the Hired Goods from the country where the Customer is located and/or the country where the Supplier is located without the prior written consent of the Supplier;
5.1.7 be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Hired Goods required by any legislation, best practice and/or operating instructions except to the extent that the Supplier has agreed to provide them as part of any Services;
5.1.8 not do or omit to do anything which the Customer has been notified will or may be deemed to invalidate any policy of insurance related to the Hired Goods;
5.1.9 not continue to use Hired Goods where they have been damaged and will notify the Supplier immediately if the Hired Goods are involved in an accident resulting in damage to the Hired Goods, other property and/or injury to any person; and
5.1.10 where the Hired Goods require fuel, oil and/or electricity ensure that the proper type and/or voltage is used and that, where appropriate, the Hired Goods are properly installed by a qualified and competent person.
5.2 The Hired Goods must be returned by the Customer in good working order and condition and in the same condition that they were in prior to the hire, (fair wear and tear excepted) and in a clean condition together with all insurance policies, licences, registration and other documents relating to the Hired Goods.
6 (*) Recovery of Hired Goods
6.1 The Supplier may, if a Trigger Event has occurred, enter without prior notice, any premises of the Customer (or premises of third parties) where Hired Goods are located in order to recover the Hired Goods. The Customer warrants that the Supplier shall have all rights, licences and permissions required to enter the Customer’s premises, and the premises of third parties, for the recovery of Hired Goods.
6.2 Any recovery of Hired Goods shall not affect the Supplier’s right to recover from the Customer any monies due under the Contract and/or any damages in respect of any breach which occurred prior to the recovery of Hired Goods.
6.3 The Customer hereby grants the Supplier a licence to enter the premises of the Customer (or any third party premises where Hired Goods are held) to enable the Supplier to recover the Hired Goods in accordance with clause 6.1.
6.4 The Supplier may recover the costs, including but not limited to the costs of replacement, in respect of lost or damaged Goods, and nothing in clauses 6.1, 6.2, and/or 6.3 shall limit the Supplier’s right to recover such costs.
6.5 The Supplier may recover the costs, including but not limited to the costs of replacement, in respect of Goods which the Supplier has been unable to collect because they have not been made available for collection by the Customer in breach of this agreement, and nothing in clauses 6.1, 6.2, and/or 6.3 shall limit the Supplier’s right to recover such costs.
6.6 Upon recovery of goods, the supplier will check fuel usage. Should fuel need to be topped up it will be charged at the following rates and included on the invoice:
Diesel: £2.00 per litre
Petrol: £2.00 per litre.
7 Damage waiver
7.1 The Supplier may offer, at its sole discretion, a damage waiver facility (“Damage Waiver”) for certain Hired Goods upon payment of an additional charge (the “Damage Waiver Charge”). Where Damage Waiver is available as an option and the Customer has paid the appropriate Damage Waiver Charge the Supplier will waive any further charge for rectifying accidental damage to returned Hired Goods subject to the conditions below.
7.1.1 The Customer must notify the Supplier of the damage within 24 hours of the damage occurring.
7.1.2 The Damage Waiver does not apply and the Customer will continue in all respects to be fully responsible if the damage to Hired Goods was directly or indirectly the result of: (a) misuse or use contrary to instructions; or (b) malice or any deliberate act; or (c) negligence or want of care; or (d) an act or omission by any person who is not the Customer or in the Customer’s direct employ.
7.2 The waiver option will not apply and the Customer will continue in all respects to be fully responsible if the damage is the result of a breach by the Customer of any conditions of the Contract.
7.3 The Damage Waiver is not an insurance for Hired Goods and does not cover loss or theft of the Hired Goods.
7.4 Damage Waiver will not be effective unless and until any credit account with the Supplier has been paid in full at the time the Customer claims Damage Waiver.
8.1 Allowance will be made in relation to the Hire Charges to the Customer for any non use of the Hired Goods due to breakdown caused by the development of an inherent fault and/or fair wear and tear on condition that the Customer informs the Supplier as soon as practicable of the breakdown.
8.2 The Customer shall be responsible for all expenses, loss (including loss of Hire Charges) and/or damage suffered by the Supplier arising from any breakdown of the Hired Goods due to the Customer’s negligence, breach of Contract, misdirection and/or misuse of the Hired Goods.
8.3 The Supplier shall at its own cost carry out all routine maintenance and repairs to the Hired Goods during the Hire Period and all repairs which are required due to fair wear and tear and/or an inherent fault in the Hired Goods. The Customer will be responsible for the cost of all repairs necessary to Hired Goods during the Hire Period which arise otherwise than as a result of fair wear and tear, an inherent fault and/or the negligence of the Supplier while carrying out routine maintenance and/or repairs.
8.4 The Customer must not repair or attempt to repair the Hired Goods unless authorised to do so in writing by the Supplier.
9 Delays, loss or damage
9.1 If the Hired Goods are returned in a damaged, unclean and/or defective state except where due to fair wear and tear and/or an inherent fault in the Hired Goods the Customer shall be liable to pay the Supplier for the cost of any repair and/or cleaning required to return the Hired Goods to a condition fit for re-hire and to pay the Hire Charges, in accordance with the provisions of clause 9.3, until such repairs and/or cleaning have been completed.
9.2 The Customer will pay to the Supplier the replacement cost of any Hired Goods which are lost, stolen and/or damaged beyond economic repair during the Hire Period less the amount paid to the Supplier under any policy of insurance taken out in accordance with the Contract.
9.3 The Customer shall pay the Hire Charges for the Hired Goods up to and including the date it notifies the Supplier that the Hired Goods have been lost, stolen and/or damaged beyond economic repair. From that date until the Supplier has replaced such Hired Goods the Customer shall pay, as a genuine pre‐estimate of lost rental profit, a sum as liquidated damages being equal to two thirds of the Hire Charges that would have applied for such Hired Goods for that period. The Supplier shall use its reasonable commercial endeavours to purchase replacements for such Hired Goods as quickly as possible using the monies paid under clause 9.2 above.
9.4 If, in breach of the Contract, the Customer delays returning the Hired Goods to the Supplier after the expiry of the Hire Period, then the Hire Charge shall continue to apply until the Hired Goods are returned to the Supplier. 10 Termination 10.1 If the Hire Period has a fixed duration, subject to the provisions of clause 6 of Section 1 (General), neither the Customer nor the Supplier shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed in writing with the other party. 10.2 If the Hire Period does not have a fixed duration either the Customer or the Supplier is entitled to terminate the Contract upon giving to the other party any period of notice as may be agreed in writing, save that either party may terminate the hire by giving the other party 7 days notice. 10.3 If no period of notice has been agreed or specified the Customer may terminate the Hire Period by the physical return of the Hired Goods to the Supplier.