Hire TERMS & Conditions
- GENERAL
Any hire services provided by us are subject to our General Terms and Conditions (available on request) insofar as they are applicable and not inconsistent with the terms set out in this Schedule. In accordance with the terms set out in our quotation, you hereby request that we supply and hire to you the specified goods, to be kept and used at the delivery address(es) set out in our quotation (or as otherwise agreed in writing). The hired goods may make use of used materials and are not guaranteed to be new unless specified in the quotation.
- LENGTH OF HIRE TERM
Subject to any earlier right to terminate set out in the General Terms and Conditions, the hire term is for three years (or such other period set out in our quotation) (“Minimum Term”) to commence on the date of Delivery of the goods and to continue until terminated by two weeks prior written notice after the Minimum Term, served by either party to the other by first class recorded delivery post to the registered office address (if a limited company) or notified invoice address (in all other circumstances) of the other party.
- HIRE RENT
The rental amount is as specified in our quotation (which rental shall increase by not more than 7½% per annum from and after the expiration of the Minimum Term) plus VAT at the current rate and we may invoice you for such the minimum term and delivery in advance (or at such other frequency as we agree in writing), thereafter an invoice each month and you must pay each invoice within 30 days after the date of invoice. You shall pay interest and costs arising from late payment as set out in the General Terms and Conditions.
- YOUR RESPONSIBILITIES
4.1. During the period of hire and until their return to (or collection by) us, you must keep the goods safe and ensure they are used in a proper manner, in accordance with any guidelines issued by us from time to time. You will be liable for any loss of or damage to the goods from whatsoever cause arising (fair wear and normal usage excepted) and shall keep them insured against all risks. You must ensure your staff are instructed not to modify, relocate or tamper with the goods.
4.2.On the termination (for any reason) of the hire you must promptly return the goods to us or arrange for us to collect them at your expense and (fair wear and normal usage excepted) the goods must be in a condition similar to their condition at the commencement of the hire and (if we are collecting) on pallets ready for collection. If you fail to return the goods promptly, we may enter the premises where they are stored or where they are reasonably thought to be stored and repossess the same.
4.3. You must not move the goods from the position (location or vicinity) at which you have agreed they will be kept and used without our prior written consent (which will always be subject to reimbursement of any expenses we incur in connection with such relocation).
4.4. You must not lend the goods to any other person for any reason whatever or sub-hire them or otherwise surrender your control or possession of them in any way without our prior written consent. The goods remain our property and cannot in any circumstances be sold or used as security.
- MAINTENANCE
The goods must at all times be maintained in accordance with manufacturer
guidelines including, but not limited to, wheel nut tightness, pressure checking and prompt notification/repair of any damage to paint or tyres, however caused
- EARLY TERMINATION CHARGES
If the hire Contract is terminated by us prior to the expiry of the Minimum Term in accordance with our rights set out in the General Terms and Conditions, or if we (at our sole discretion) agree to you terminating the hire Contract prior to the expiry of the Minimum Term, you shall pay to us on demand a sum equivalent to the greater of (a) 20% of the minimum term payment; and (b) the outstanding balance of the hire charges payable for the remainder of the Minimum Term. You agree that this is a genuine pre-estimate of our losses arising from such early termination.
- REMOVAL OF OUR GOODS
If it is not possible for us to remove our goods, you shall reimburse us in full for the replacement value of the goods that cannot be recovered.
“Declaration for exemption relating to businesses
(articles 60C and 60O of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001)
I am/We are* entering this agreement wholly or predominantly for the purposes of a business carried on by me/us or intended to be carried on by me/us.
I/We* understand that I/We* will not have the benefit of the protection and remedies that would be available to me/us* under the Financial Services and Markets Act 2000 or under the Consumer Credit Act 1974 if this agreement were a regulated agreement under those Acts.
I/We* understand that this declaration does not affect the powers of the court to make an order under section 140B of the Consumer Credit Act 1974 in relation to a credit agreement where it determines that the relationship between the lender and the borrower is unfair to the borrower.
I am/We are aware that, if I am/we are in any doubts as to the consequences of the agreement not being regulated by the Financial Services and Markets Act 2000 or the Consumer Credit Act 1974, then I/we* should seek independent legal advice.”.
*Delete as appropriate.
