TERMS & CONDITIONS OF HIRING WITH ACCESS TOWERS SERVICES LTD
- When equipment is delivered to a site the Hirer or his representative shall sign the Hire Delivery Ticket presented by the Owner’s representative and, if the Carrier’s ticket is not endorsed and if written notification is not given in accordance with Condition 2, this shall be conclusive proof of the delivery of equipment listed on the ticket in good condition. In the absence of the Hirer or his representative the Hire Delivery Ticket will be forwarded to the Hirer’s and, if the Carrier’s ticket is not endorsed and if notification is not given in accordance with Condition 2. the Hirer will be deemed to have received and accepted the equipment listed on the Ticket in good condition. When equipment is returned to the Owner by the Hirer’s transport, the equipment returned will be checked in the Owner’s yard and a Hire Return Ticket issued to the Hirer or his representative, which will be conclusive proof of the return of the equipment listed thereon, but not of its condition at the time of return. If equipment is collected by the Owner, it will be checked on arrival at the Owner’s yard and the Hire Return Ticket forwarded to the Hirer and deemed to be accepted by the Hirer as conclusive proof as to the quantity of the equipment returned and not as to its condition.
- The Hirer shall be responsible for receiving and unloading the equipment and is requested to check the consignment in the presence of the Carrier and in the event of shortage and/or damage the Carriers ticket must be endorsed accordingly. Separate written notification must be given to the Carrier as well as the Owner within 48 hours of delivery. Claims for shortage or damage cannot be recognised unless this action has been taken and the Owners liability in this respect is limited accordingly.
- The hire period shall be deemed to commence when the hired equipment leaves the Owner’s yard and to continue until the hired equipment is received back by the Owner at his yard and, in any event, shall include all time spent by the hired equipment in travelling to and from the point of delivery or collection. The day of hiring and the day of return will both be charged as whole days. No allowance will be made for holiday periods or inclement weather or for any other reason.
- The Hirer shall be responsible for all loading of equipment when being collected by the Owner or his agent. Equipment will not be received by the owner after 11 a.m. on Saturdays or after 4 p.m. on other weekdays. No returns will be accepted on Sundays.
5.(a) If the Hirer wished to terminate the hiring, he must give the Owner previous notice in writing to that effect. Valid notice to terminate the hiring by the Hirer shall not be given orally but, in order to minimise the charges which will in any case continue until the equipment is received back by the owner in accordance with Condition 3. The Owner will arrange to collect the hired equipment on receipt of oral instructions.
(b) On termination of the hire the Owner may issue a shortage notice to the Hirer in respect of any hired equipment not returned. Failing the recovery of the said equipment within seven days the Owner will terminate hire charges and raise an invoice sum equal to the standard List Price of such equipment which shall forthwith become payable by the Hirer.
- All equipment let out on hire remains at all times the property of the Owner notwithstanding that it may have been treated as “Lost Equipment” under Condition 5(b) hereof. The Hirer shall at all times use his best endeavours to assist the Owner to resume possession thereof. The Owner reserves the rights to accept from the Hirer equipment considered as “Lost Equipment” under Condition 5(b) hereof. Where however such equipment is returned to the Owner or is recovered and taken back into use by the Hirer, the Owner will credit the Hirer with a sum equal to that charged under Condition 5(b) hereof, and the Owner shall be entitled to debit the Hirer with Hire Charges in respect thereof as if such equipment had never been “Lost Equipment” but had throughout and continuously been in the possession of the Hirer.
- Minimum transactions, hire rates, minimum hire periods and charges shall be in accordance with the Owner’s current standard Price List or Quotation.
- If equipment is returned in condition other than when received by the Hirer, the Hirer will be liable to pay to the Owner such cleaning or repair charges as may be necessary or, if the equipment is damaged beyond economical repair, the value of such equipment in accordance with the Owner’s current standard Price List.
- Prices stated are those ruling at the date of offer but the Owner reserves the right to invoice at price ruling at the date of despatch. If the period of hire extends beyond the minimum hire period, the Owner reserves the right to vary his charges in accordance with his current standard Price List from time to time.
- The Hirer may not sublet any equipment without the prior written consent of the Owner.
11. The Owner accepts no liability nor responsibility for any loss or damage consequential or otherwise arising during the hire period as defined in Condition 3 howsoever the same may be caused.
12. The Hirer shall fully and completely indemnify the Owner in respect of all claims by any person whatsoever for injury to persons and or loss of or damage to property caused by or in connection with or arising out of the use of hire or the equipment whether such injury loss or damage is caused by negligence or breach of statutory duty on the part of the Owner its servant or agents or by any defect in the equipment hired or in any other way whatsoever.
13. The submission of any drawings, designs or specifications does not constitute any warranty guarantee or representation of opinion as to the practicability of construction or the efficiency, safety or otherwise of equipment to be supplied by the Owner in accordance therewith and no warranty express or implied is given with regard to the quality or fitness for any purpose of the equipment hired The Owner shall not be liable for any loss or damage direct or consequential caused or contributed to by any error, omission or defect or otherwise howsoever.
14.(a) The hirer shall not rehire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the equipment and shall protect same against distress execution or seizure and shall indemnify the Owner against all losses, damage, costs, charges and expenses that may be occasioned by any failure to observe and perform this condition, except in the event of Government requisition.
(b) If the Hirer make default in punctual payment of all sums due to the Owner for Hire of equipment or other charges or shall fail to observe and perform the terms and conditions of this contract, or if the Hirer shall suffer any distress or execution to be levied against him or make or propose to make any arrangement with his creditors or being a Company, shall go into liquidation (other then a Member’s voluntary liquidation) or shall do or shall cause to be done or permit or suffer any act or thing whereby to be done or permit or suffer any act or thing whereby the Owner’s rights in the equipment may be prejudiced or put into jeopardy, this hire shall forthwith be terminated (without any notice or other act on the part of the Owner and notwithstanding that the Owner may have waived some previous default or matter of the same like nature) and it shall thereupon be lawful for the Owner to retake possession of the said equipment and for that purpose enter into or upon any premises where the same may be and the determination of the hiring under this Condition shall not affect the right of the Owner to recover from the Hirer any monies due to the Owner under the Hire or damages for breach thereof.
15.(a) Unless otherwise agreed in writing by the Owner, settlement of all accounts will take place no later than the last day of the month following the month of invoice.
(b) Where accounts remain unpaid at the due date of settlement in accordance with our terms of trading, interest at 21/2% per annum, in excess of the prevailing National Westminster Bank Limited base rate will be charged.
(c) The Hirer shall not be entitled to deduct from or set off against any sum so invoiced in respect of hiring charges any contra claim of any kind.
16. Where the Owner provides transport for the delivery and or collection of the equipment the Owner shall make an hourly transport charge based on the Owner’s standard hourly transport rate.
17. The Hirer shall be responsible for compliance with all Regulations issued by H.M. Government or Local Authorities including Regulations issued under the Factories Act.
18. The Hirer shall not move the equipment from the site to which it was delivered or consigned unless prior consent has been obtained from the Owner. Such consent is to be confirmed in writing
19. If any time the Hirer requires or requests the Owner or its agents or any employee of the Owner or agents to load, unload, erect, dis- mantle or repair any equipment hired or if any employee of the Owner or its agents assists in the loading, unloading, erection, dismantling or repair of any equipment hired, any such employee shall be for these purposes under the direction and control of the Hirer. Any such employee shall for all purposes in connection with his employment in loading, erecting, dismantling or repairing the equipment be regarded as or be deemed to be the servant or agent or employee of the Hirer who alone shall be responsible for all claims arising in connection with the loading, unloading, erection, dismantling or repair of the equipment hired by such employee howsoever arising or caused and the Hirer shall indemnify the Owner accordingly.
20. These conditions of Hire shall take precedence over any other relevant Conditions of Terms appearing in any letter or other document issued by the Hirer, unless otherwise expressly agreed by the Owner in writing.