TERMS OF HIRE
1.1 In these Terms:
You means the individual, firm, body corporate or other body
who hires the Equipment or whose order for the Equipment is accepted
We and us means individual, firm, body, corporate or other body
who supplies the Equipment to you under these Terms.
Equipment means the equipment which we hire in accordance with
Terms means the terms of hire set out in this document and includes
any special terms agreed in writing between you and us.
Contract means the contract for the hire of the Equipment by
you from us.
Writing includes facsimile transmission and comparable means
1.2 The headings in these Terms are for convenience only and
shall not affect their interpretation.
2 Basis of the hire
2.1 We shall hire to you the Equipment in accordance with these
Terms which shall govern the Contract. These Terms are binding
and the Contract comes into existence once we accept your order.
2.2 No variation to these Terms shall be binding unless agreed
2.3 Our employees or agents are not authorised to make any representations
concerning the Equipment unless confirmed in Writing and any
advice or recommendation given by us to you as to the storage,
application or use of the Equipment which is not confirmed in
Writing is followed or acted upon entirely at your own risk
3 Ownership and period of use
3.1 The Equipment shall at all times remain ours. Unless otherwise
agreed in Writing. you must not sell, sub-hire or otherwise dispose
of or abandon the Equipment.
3.2 If you are not a limited liability company or local or similar
authority then the maximum period of hire is three months and
the Equipment must be returned to us before this period expires.
4 Hire charges
4.1 The hire charges are as stated in the Contract and shall
commence on the date of the Contract and continue until an offhire
receipt is issued by us (which includes any Saturday, Sunday
or Bank Holiday). We will issue an off-hire receipt when the
Equipment is returned to us during normal working hours or when
it is collected by us. If the Equipment is collected by us you
will pay us the costs of collection.
4.2 You will have to pay for the Equipment when we request payment.
4.3 If payment is not made when due we may charge you interest
on the amount unpaid, at the rate of 4 per cent per annum above
Barclays Bank base rate until payment in full is made. We may
also collect any Equipment the subject of this Contract or any
other Contract between you and us for the hire of Equipment.
5 Delivery and location
5.1 The hire charges are based on the Equipment being collected
by you from our premises. If we agreed to load. deliver and /
or unload the Equipment you will have to pay the cost on the
same Terms as to payment as the hire charges and the loading,
delivery and unloading will be at your risk.
5.2 The Equipment must remain at the location stated in the
Contract unless otherwise agreed by us in Writing.
6 Use, maintenance and repair
6.1 The Equipment must be properly maintained and kept in good
order and condition at all times by you and you must ensure that
it is used in accordance with any relevant instructions, procedures
or statutory regulations. If you fail to abide by this term you
will be responsible for making good any damage or loss to the
Equipment which may occur.
6.2 If the Equipment fails to work satisfactorily you must notify
us immediately and must not attempt to repair it unless we agree
to this in Writing. Unless otherwise agreed by us in Writing
the Equipment must be returned to us for inspection.
6.3 The Equipment must be returned to us in the same condition
as it was when it was delivered to you. You are responsible for
any costs incurred (including consequential losses) in cleaning
or repairing the Equipment.
7 Your responsibility for the Equipment and its Insurance
7.1 You are at all times during the duration of this Contract
responsible for the safety and safe keeping of the Equipment.
7.2 Unless otherwise agreed in Writing, the Equipment shall
be insured against all risks at a full replacement value (new
for old) by you and our interest shall be noted on the policy.
If there is a payment as a result of a claim under such policy
then the payment is to be made to us. In addition to being responsible
for the replacement value you are also responsible for any consequential
losses suffered as a result of the Equipment not being available
for us to hire.
7.3 You must indemnify us against any liability which we incur
which arises during a period when the Equipment is your responsibility
save to the extent that it is caused by an proven negligence
on our part. Details must be given to us of any incidents which
could give rise to a claim relating to the Equipment.
8 Warranties and our Liability
8.1 We warrant that the Equipment is in good working order.
8.2 Should any defect occur in the Equipment, other than one
for which you are responsible, we will replace the Equipment
(at no charge to you) as soon as is practical upon the return
of the Equipment to us. We shall not replace any Equipment until
any outstanding hire charges have been paid
8.3 We shall not be liable to you for any delays in availability
or delivery (in circumstances where we have accepted responsibility
for delivery) of Equipment or for any indirect or consequential
losses (including loss of profit) caused by the use, failure
or unsuitability of the Equipment.
8.4 Any liability to you for death or injury resulting from
our own or
that of our employees negligence shall not be limited.
9 Our right to terminate
9.1 We may terminate this Contract if you are in breach of any
Terms of this Contract or we have reason to believe that you
may be insolvent.
9.2 If we decide to terminate this Contract we will collect
the Equipment and you authorize us to enter any property for
9.3 Termination does not affect any other rights which we may
have under this Contract.
10.1 No waiver by us of any breach of the Contract by you shall
be considered as a waiver of any subsequent breach of the same
or any other provision.
10.2 If any provision of these Terms is held by any competent
authority to be invalid or unenforceable in whole or in part
the validity of the other provisions of these Terms and the remainder
of the provision in question shall not be affected thereby.
10.3 Any dispute arising under or in connection with these Terms
or the hire of the Equipment shall be subject to the Jurisdiction
of the English Courts.
10.4 The Contract shall be governed by the laws of England.
10.5 These Terms do not affect any consumer rights contained
in the Unfair Contract Terms Act 1977 or any statutory modification
Copyright: Hire Trade Alliance November 2002 Hire Trade Alliance
PO Box 5847
Sutton Coldfield B73 5EF Telephone: 0121 694 8811