GENERAL CONDITIONS FOR THE HIRING OF EQUIPMENT
1. DEFINITIONS AND LAW
The complete contract or documents that set out these terms and conditions and all other details relevant to a particular agreement is hereafter 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 Supplier’s Equipment on hire. “ The Supplier “ is Swift Hire (South & South East ) Ltd., or it’s agent. 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 profit whatsoever. This Contract shall be governed by and construed in accordance with the Law of England.
2. BASIS OF CHARGING
The Hirer will pay the hire charges stated in the Contract, if stated, or at the rate shown in any of the Supplier’s printed price lists, catalogues, brochures or other such trade literature current at the commencement of the hiring. In addition, any taxes that may also be due. 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 Supplier’s 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 rate of 1.5% per month calculated on a day to day basis. In addition, a late payment fee may be applied in accordance with the Late Payment of Commercial Debts 1988 Act. 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.
3. CANCELLATION PRIOR TO DELIVERY OF EQUIPMENT
Any cancellations must be received at the Supplier’s office in writing and will be deemed to have been received on the day the cancellation notice arrives. The wide availability of facsimile equipment means that the Supplier will not accept claims to have previously sent notification by the Royal Mail. If a cancellation is made up to 21 days before the agreed commencement of the hire, there will be an administration charge of £ 50.00 plus VAT. No other charges will be incurred unless the Supplier has already committed to special purchase(s) for the contract. In such case the Supplier reserves the right to pass on those costs to the Hirer. For contracts cancelled between 8 and 21 days prior to the agreed commencement date a hire charge of 66% of the original Hire will be levied. Any contract cancelled within 7 days of the agreed commencement date will be subject to a charge at 100% of the total contract value.
4 PAYMENTS
a) Payment is due in advance or in accordance with the agreed Credit Terms. Failure to make timely payment may result in delayed or non-delivery of the equipment but the Supplier will still require the contract price to be paid. Unless otherwise agreed in writing by the Supplier payment must be made in full before delivery commences. Termination Invoices, unless credit terms have been specified by the Supplier, must be paid ‘upon presentation’.
b) The extension of credit is a privilege and the Supplier reserves the right to withdraw credit facilities at any time, without notice and without explanation. The supplier will specify the period of credit to be extended on the contract and the Hirer accepts that should he fail to pay any sums due within the credit period stated he might lose this concession. In default of any specified or unspecified period of credit the Hirer will pay all invoices within 60 days of the invoice date regardless of the date he receives the invoice.
c) If the Hirer does not pay any sums due upon presentation, or within the agreed credit terms, then the Hirer will be held in breach of contract. In any such event the Supplier reserves the right to remove any remaining equipment, without notice, and to render an account for all monies due plus any costs incurred in recovering the equipment and monies including, but not only the provisions of S5A and 6 of the Late Payment of Commercial Debts Act 1998 and any third party fees incurred that are not otherwise defined within the said Act or the 1984 County Courts Act.
5. DELIVERY AND COLLECTION
All times quoted or stated for delivery and/or collection are approximate only. Hire charges, unless agreed in writing, 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 only for the time required to load or unload from the nearest practical point of access to the delivery address. The drivers are not instructed to deliver or collect the equipment more than 5 metres from the delivery vehicle or above ground level, unless previously agreed in writing within the terms of the contract. Access to the Hirer’s designated delivery address should be adequate to accommodate a vehicle, up to 7.5 tons with a rigid Box body. The access route must be suitable to allow passage of such a vehicle without any height or width restriction and the surface sufficient to support same. Whilst every effort will be made to minimise damage to the access route provided, we accept no liability for the cost of reinstatement, should damage occur. Hirers must notify the Supplier of any perceived difficulty in vehicular access and identify any Health & Safety issues. The Hirer must also undertake a risk assessment, prior to the delivery and collection. The Hirer must notify the Supplier of any risks identified, prior to delivery and collection, and must make every effort to eliminate those risks or supply assistance with the delivery and/or collection.
5. DELIVERY AND COLLECTION (continued)
The Hirer is responsible for providing free; safe; adequate; legal access and parking for delivery/collection vehicles throughout the duration of time needed to safely complete delivery or collection of the goods. Failure to ensure safe; adequate and legal parking may result in refusal of delivery or collection. It is the Hirer’s Professional Driver decision whether or not the delivery can be safely made. Where onsite parking is not provided, the Hirer will re-imburse the Supplier with any associated costs and parking/enforcement charges.
No refunds will be given to a refused delivery. Re-delivery and recollection costs maybe applicable if the service is still required thereafter. Further time or attendance will be paid for by the Hirer. We reserve the right to levy additional charges for deliveries and collections requested outside of normal working hours – our normal working hours are Mon-Fri 8.30 a.m. – 5.30 p.m.
Please note that whilst every effort will be made by the Supplier to keep to the agreed delivery times, time is not the essence in this contract and the Supplier accepts no liability for any costs or loss incurred through any failure on its part to keep to agreed times.
6. 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 12 months from the commencing date of the period of hire. In such circumstances the Hirer will, not later than close of business on the penultimate day of the said 12 months, restore the Equipment to the Supplier. Equipment not restored to the supplier will be subject to a charge equating to the financial loss to the Supplier.
7. 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 the Supplier has confirmed the order.
8. RESPONSIBILITIES OF THE HIRER AND PERSON MAKING THE CONTRACT
The person making the Contract warrants that he is duly authorised to do so on behalf 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 may be incurred by the Supplier arising from the Contract, howsoever caused, If the Hirer defaults on payment or is otherwise held in breach of contract by the Supplier. 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 use and will not allow the Equipment to be misused.
9. WHEN SIGNATURE FOR RECEIPT OF EQUIPMENT BECOMES OPERATIVE
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 not become operative until immediately after the physical handover.
10. RESPONSIBILITY OF HIRER
a) The Hirer will be responsible for the loading and unloading of the Equipment at the address specified by the Hirer, and likewise at the Supplier’s premises when transport by the Hirer, or his agent, and any person supplied by the Supplier shall be deemed to be an employee of the Hirer or his agent at such times.
b) 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 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.
c) The Hirer will ensure that when ordering Equipment from the Supplier that such goods will be fit for the purpose of that hire. 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 14 and 15) 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.
d) 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 Contract Terms Act 1977.
e) The Hirer will ensure that everyone who uses the Equipment is properly instructed in the safe and correct use.
f) The Hirer will not carry out any modification to electrical goods without the express permission of the Supplier and all work will be conducted by a competent qualified electrician and will be in accordance with the Electricians at Work Regulations 1999.
11. MAINTENANCE OF EQUIPMENT, BREAKAGE 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 breakage 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 authorized by the Supplier. The Equipment must be returned to the Supplier’s premises for examination or when rectification elsewhere is requested and the Hirer agrees to pay carriage if required by the Supplier if the equipment is involved in any accident resulting in damage to the Equipment or other property or injury to any persons, the Hirer will notify the Supplier immediately.
12. REMOVAL OF EQUIPMENT
Equipment must not be removed from any site originally specified by the Hirer or from any subsequently authorized site without the authority of the Supplier.
13. CONSEQUENTIAL 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 breakage 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 Contract terms Act 1977.
14. INSURANCE AND RESPONSIBILITY FOR LOST, STOLEN OR DAMAGED EQUIPMENT
The Hirer agrees to pay the Supplier the full replacement cost of replacing any equipment which is lost or stolen or damaged beyond economic repair and without any deduction for usage, wear and tear or age 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 any 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 the express consent of the supplier.
15. NON-RETURNED, LOST, STOLEN, DAMAGED OR UNCLEAN EQUIPMENT
a) The Hirer accepts full responsibility for the care and safekeeping and return in good order of the Equipment. All crockery, Cutlery, Glassware etc. must be thoroughly scraped clean, by the Hirer and may be returned unwashed.
b) The Hirer will ensure that damp linen is left to dry before being packed back into bags. Damp linen is very susceptible to mildew, which can ruin a cloth within a few hours. A full replacement charge will be made for any cloth that is damaged beyond repair by mildew. There will be no Refund/Credit for any linen that is returned unused
c) 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.
d) On termination any breakages, shortages or damage to equipment will be charged at a replacement cost at the time of termination. Replacement will be like-for-like or the nearest compatible equivalent.
e). In the case of equipment which is lost or stolen or damaged beyond economic repair the Hirer will in all cases meet the Hirer’s obligations under Condition 14. Additionally, in any case where the loss, theft or damage aforesaid results from any breach of contract or negligence on the part of the Hirer, the Hirer accepts liability to pay for all financial loss to the Supplier until the liability referred to in Condition 14 is discharged. The Hirer’s liability under this Condition shall be without prejudice to any other rights of the Supplier.
16. DETERMINATION OF HIRE
The Contract will run for the prescribed period and will terminate with the collection of the equipment and its examination upon return to the Suppliers Depot, unless the Hirer should be in breach of these Terms and fail to remedy that breach within 7 days of written notification of the breach; or commit any act of bankruptcy or insolvency or otherwise indicate he is unable to meet the contractual payments as they fall due. And the Supplier will be entitled 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 damages for breach thereof. Should the Hirer wish to terminate the Contract prematurely the Supplier will require compensation for loss of revenue for the duration of the Contract.
17. RIGHTS OF ACCESS
The Hirer authorizes 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.
18. RIGHTS RESERVED
Any failure by the supplier to enforce any or all of these conditions shall not be construed as a waiver of any of the Supplier’s rights hereunder.
19. SEPARATE TERM VALIDITY
Should any terms of the Contract be held invalid such invalidation shall not affect the validity of the remaining terms. Headings in these conditions are for reference only and shall not affect the interpretation of these conditions.
20. TERMS OF CONTRACT
These conditions have effect in substitution for, and to the exclusion of, any conditions put forward by the Hirer.
E. & O. E. (January 2020)