GENERAL CONDITIONS FOR THE LONG TERM HIRING OF EQUIPMENT AND CONDITIONS OF SALE
1. DEFINITIONS AND LAW
The complete contract is the document or documents that set out these 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, public authority or body taking the suppliers equipment on hire. The parties to the Contract are the supplier of the Equipment and the Hirer named in the Contract and where applicable any person purporting to act on behalf of the Hirer in these conditions consequential loss shall include any loss of contracts or loss of profits whatsoever. These conditions have effect in substitution for and to the exclusion of any conditions put forward by the Hirer. This Contract shall be governed by and construed in accordance with the law of England.
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 suppliers 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 Lloyds Bank Plc. plus 8% calculated on a daily basis. This shall be without prejudice to any other rights or remedies of the Supplier. The Hirer will pay any charges reasonably incurred in the recovery of money or Equipment.
3. DELIVERY AND CARRIAGE CHARGES
All times quoted or stated for delivery are approximate only. Hire 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 be subject to surcharges on fuel and transport costs. Carriage charges will only include the time required up to a maximum of 1 hour to either load or unload alongside the Supplier’s vehicle at the address specified by the Hirer where the Hirer will agree to pay for further time and/or attendance. Waiting time will be charged after 45 minutes @ a standard £20.00 + VAT per hour or part hour thereafter where the Hirer will need to consult with the Supplier for additional rates associated with all non-waiting activities.
4. WHEN THE CONTRACT COMES INTO BEING
The contract shall 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.
5. RESPONSIBILITIES 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 maybe 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.
6. 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 handover and the effect of such signature shall become effective until immediately after the physical handover.
7. RESPONSIBILITY OF HIRER
The Hirer’s responsibility for the Equipment commences on 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 of the Equipment. The Hirer will not sell or otherwise part with control of 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 any personal injury whatsoever or damage to or loss of any property whatsoever (other than the Equipment itself which shall be governed by conditions 12 and 13) 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 Contracts Terms Act 1977 or any statutory modification thereof.
8. ELECTRICAL EQUIPMENT
Where the Equipment is electrical 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 re-instate it to its original condition. It will be the Hirer’s responsibility at all times to arrange 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 a 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 Part II Regulation 8- ‘Earthing or other suitable precautions’ of the aforementioned Conditions.
9. 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 unsatisfactory working of 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. 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.
10. REMOVAL OF EQUIPMENT
Equipment must not be removed from any site originally specified by the Hirer or from any subsequently authorised site without the authority of the Supplier.
11. CONSEQUENTIAL LOSSES
The Supplier shall not be liable for any consequential losses 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 the Equipment. Nothing in this clause shall effect the statutory rights of a person dealing as a consumer as defined by the Unfair Contract Terms Act 1977 or any statutory modification thereof.
12. INSURANCE AND RESPONSIBILITY FOR LOSS, STOLEN OR DAMAGED EQUIPMENT
The Hirer agrees to pay the Supplier the full replacement cost of any Equipment, which is lost, 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 the 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 express consent of the Supplier.
13. 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 12 is discharged. The Hirer’s liability under this condition shall be without prejudice to any other rights of the Supplier.
14. TERMINATION OF HIRE
The Supplier shall be entitled at any time if the Hirer is in breach of this Contract or if any act or proceeding in which the Hirers’ solvency is involved is commenced, to terminate this Contract (such termination to be effected 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 damaged for breach thereof.
15. 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.
16. RIGHTS RESERVED
Any failure by the Supplier to enforce any or all of these Conditions shall not be constituted as a waiver of any of the Supplier’s rights hereunder.
17. SEPARATE TERM VALIDITY AND CONTRACT VARIATIONS
Should any term of this Contract be held invalid such invalidity 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. No variations to this contract shall be binding unless agreed in writing between the authorised representatives of the Supplier and the Hirer.
18. BASIS OF CHARGING – LONG TERM
Andy Loos reserve the right to obtain a booking deposit equal to 4 weeks hire plus delivery and collection prior to delivery. Continuing hire charges may be billed in advance. All hires are subject to a 2 week minimum hire period.
19. BASIS OF CHARGING – EVENT HIRE
Andy Loos reserve the right to obtain a booking deposit of 35% of the total order value within seven days of invoice and ask for full payment 30 days prior to the event
20. CANCELLATION FEES – LONG TERM
Andy Loos reserve the right to charge the following cancellation fees:
2 weeks hire plus delivery if the order has been dispatched from our depot.
21. CANCELLATION FEES – EVENTS
Andy Loos reserve the right to charge the following cancellation fees:
Up to 3 months before delivery 35% of the total amount
Up to 1 month before delivery 60% of the total amount
Between 1 month and delivery 80% of the total amount
Any cross-hire charges incurred will be passed on, in total, to the Hirer in the event of a cancellation.
22. PERSONAL INJURY/LIABILITY COVER
It is the Hirer’s responsibility to have cover for personal liability for personal injury/liability.
23. DAMAGE TO SITE
Andy Loos are not responsible for any damage caused by or as a result of bad weather conditions. The Hirer will be responsible for the supply of boarding or tracking to assist with siting and de-rigging. The Hirer must take reasonable steps to ensure a clear level to site for the equipment to be sited.
24. QUOTE VALIDITY
Unless stated otherwise, all quotes are only valid for 30 days from quotation date.