General Conditions of Hiring of Equipment
(a) Definitions in Law
This contract is an agreement for the hire of equipment (the "Equipment") and the details of which are given overleaf and is governed by English Law. The Parties to the Contract are:
(i) The hirer stated overleaf (the "Hirer")
(ii) Taylor Construction Plant Limited (Registered No. 2373851) with registered offices at Quayside Industrial Park, Bates Road, Maldon, Essex CM9 5FA (the "Supplier")
(iii) Where the Hirer is not an individual acting in person, the person whose signature appears overleaf (the "Signatory")
No variation or addition to this contract shall be effective unless agreed by the Supplier in writing. If any condition is held to be invalid, the others will not be affected. A decision by the Supplier not to enforce any condition will not constitute a waiver of the Supplier" rights.
(b) Extent of Contract and Non-Assignability
The contract will be effective when the Hirer places a detailed order, whether orally or in writing, and the Supplier has accepted it. The Contract is not assignable.
(c) Termination of Contract
If the Hirer is in breach of any term or condition of the Contract, is involved in insolvency or in a liquidation proceedings, the supplier may terminate the Contract and repossesses the equipment without affecting any of its rights to recover monies due, including damages for breach of Contract or any other remedies.
(d) Ownership of Equipment and Goods
Equipment remains at all times the property of the Supplier and the Hirer must ensure that at all times the equipment is clearly marked as belonging to the Supplier. The Hirer shall not sell, mortgage, charge, pledge or part with procession of the equipment to anyone except the Supplier.
2. Hire Charges
(a) Bases of Charging
Minimum hire charges, daily hire charge rates and commencement dates are stated overleaf.
Delivery or collection charges are stated overleaf. The equipment shall not be moved from the site to which it was delivered or consigned without verbal or written permission of the Supplier, and change of site may affected the collection charge stated overleaf.
(c) Time for Payment and VAT
The Hirer will pay all monies due including VAT by end of month following supply. Interest on amounts overdue is payable at the rate of 5% per calendar month on the amount outstanding. The Hirer will be liable for any reasonable legal charges incurred by the Supplier in the recovery of amounts due and/or the Equipment.
(d) Failure to allow inspection and maintenance of Equipment
If after a reasonable period, the Hirer fails to make the equipment available and give access to the Supplier for inspection and/or any maintenance which may be required, the Supplier may treat the Equipment as having been lost and levy a penalty charge against the Hirer equal to the full replacement cost of the Equipment.
3. Hirers responsibilities
(a) Damage or loss costs
The hirer will pay for repairing, rectification, and loss to, the Equipment. Any damage to the Equipment or loss of the Equipment will result in the Hirer being responsible for paying the full replacement cost. Hire charges will accrue until the full settlement is made.
(b) Delivery inspection and receipt of the equipment and goods
The Hirer will examine the Equipment at physical handover to ensure satisfaction and must sign in confirmation. For delivered items, any shortage or damage must be noted on the delivery note/hire agreement
(c) Return of Equipment
The Supplier will issue a collection note for any equipment returned without which the Hirer will remain liable for all ongoing hire charges.
(d) The Security of Equipment
The Hirer assumes responsibility for the Equipment against all risks on a "new for old" basis with any claim settlement receipts from any insurance company being held in trust for payment on demand. This liability is without prejudice to any other rights available to the Supplier under the Contract.
(e) Maintenance of Equipment and breakdown procedures
The Hirer is responsible for the safety, safe use, serviceability and cleanliness of the Equipment throughout the hire period and must immediately notify the Supplier of any breakdown or shortcoming and must not attempt to repair the Equipment
(f) Signatories warranty
The signatory warrants that he is authorised by the Hirer to enter into the Contract and indemnifies the Suppliers against all losses and costs incurred if such authority is misrepresented.
4. Safety Procedures
(a) Acknowledgement of safety instructions and safe use
The Hirer/Signatory of knowledge is receipt of appropriate instruction in the safe and proper operation of the Equipment and undertakes that it will only be used by persons instructed in its use in accordance with that instruction. If Hirer/Signatory is not in receipt of appropriate instruction, the Hirer/Signatory is obliged to request such information of the Supplier. The Hirer indemnifies the Supplier against any expense, liability, loss, claim or proceedings including, but not limited to any for any personal injury and damage to, or loss of, any property arising from and in connection with the contract. Subject to the above, the Supplier will be liable for negligence in the performance of its obligations under the Contract If the equipment is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to the Supplier by telephone and confirmed in writing.
5. Supplier's responsibilities
(a) Supply of Equipment and goods and limitation of liability
Liability of claims made by the hirer will not exceed the period hire charges or the price of goods whichever is less and does not extend to any consequential or financial loss liability caused by the late or non delivery of the equipment and/or goods, the unsuitability, break down, stoppage, or lawful repossession. The Supplier may substitute items of similar quality, specification or performance when necessary and at its own discretion.
(b) Delivery and collection
The Supplier will endeavour to deliver or collect during the business day following that on which the request was received and the Hirer or its representative must be present when delivery or collection occurs.