TERMS OF HIRE

1 Interpretation

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 by us.

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 these Terms.

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 of communication.

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 in Writing.

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 this purpose.

9.3 Termination does not affect any other rights which we may have under this Contract.

10 General

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 of them.

Copyright: Hire Trade Alliance November 2002 Hire Trade Alliance PO Box 5847
Sutton Coldfield B73 5EF Telephone: 0121 694 8811