1 DEFINITION AND INTERPRETATION

Advance Payment
means any advance payment required by the Supplier in relation to the Hire Goods which is to be held as security by the Supplier and which is non- returnable subject to clauses 4 and 5;

Collection Date:

1.2 In this Agreement:

1.2.1  a reference to this Agreement includes the Order and terms and conditions;

1.2.2  our contact details are:

(a)  telephone: 01948 662520

(b)  email: info@chairmanhire.co.uk

2 BASIS OF CONTRACT

2.1  Hire Goods are hired subject to them being available for hire to the Customer at the time required by the Customer. The Supplier will not be liable for any loss suffered by the Customer as a result of the Hire Goods being unavailable for hire where the Hire Goods are unavailable due to circumstances beyond the Supplier’s control.

2.2  Where the hirer of the Hire Goods is to a Customer who is an individual and the hire would be covered by the Consumer Credit Act 1974 the duration of the Hire Period shall not exceed 3 months, after which time the Contract shall be deemed to have automatically terminated. Accordingly the hire of any Hire Goods is not covered by the Consumer Credit Act 1974.

2.3  Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a consumer.

2.4  Orders are typically prepared and loaded up to 14 days prior to the date agreed for delivery. Orders can be varied at any time up to the date 14 days, subject to availability of alternative Hire Goods, prior to the delivery for the customer’s event. During any period less than 14 days prior to the delivery date the supplier reserves the right to charge an administration fee of £30 to cover administration prepping, unloading and loading.

3.1 Our Privacy Policy is available at our offices upon request or on our website at

www.chairmanhire.co.uk. Please see our contact details and contact us to request a copy.

3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

4 RIGHT TO CANCEL THIS CONTRACT

4.1  Subject to clause 4.2 you have the right to cancel this contract within 14 days without giving any reason.

4.2  The cancellation period will expire after 14 days from the day your order was placed or on the day the Services commence, whichever time of expiry is earlier.

4.3  To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email).

4.4  To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

5 EFFECTS OF CANCELLATION

5.1  If you cancel this contract, in accordance with these terms, we will reimburse to you payments received from you.

5.2  We may make a deduction from the reimbursement for the cost of services supplied.

5.3  If the Customer cancels the contract more than 30 days before the beginning of the Hire Period then the Supplier will retain 100% of the Advance Payment. If the Customer cancels the contract less than 30 days prior to the start of the Hire Period the Customer will pay 100% of the total order value. This is because the exclusive nature of the reservation takes the Hire Goods offthe market for use in the Supplier’s business.

6 QUIET ENJOYMENT

6.1 So long as the Customer is neither in default in the payment of any sum of money payable nor is in breach of any of the covenants on its part to perform in this Agreement it may peaceably hold and enjoy quiet possession of the Hire Goods for the Hire Period.

7 PAYMENT

7.1  The amount of any Advance Payment, Rental and/or charges for any Services shall be as quoted to the Customer or otherwise as shown in the Supplier’s current price list from time to time. Where an Advance Payment is required for the Hire Goods it must be paid in advance of the Customer hiring the Hire Goods.

7.2  The Customer shall pay, punctually and without previous demand, deduction, counterclaim or set-off, the Rental, charges for any Services, monies for any Products and/or any other sums payable under the contract to the Supplier at the time and in the manner agreed. The Supplier’s prices are, unless otherwise stated, exclusive of any applicable VAT for which the Customer shall additionally be liable.

7.3  Payment by the Customer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the full amount outstanding. Failure to pay any sums due within 21 days after the due date shall be a repudiation of this Agreement.

7.4 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 4 and 5. For more detailed information about your rights under Consumer Rights Act 2015 please contact us at the contact details given earlier in these terms and conditions.

8 RISK OWNERSHIP AND INSURANCE

8.1  Risk in the Hire Goods and any Products will pass immediately to the Customer when they leave the physical possession or control of the Supplier.

8.2  Risk in the Hire Goods will not pass back to the Supplier from the Customer until the Hire Goods are back in the physical possession of the Supplier. This shall apply even if the Supplier has agreed to cease charging the Rental.

8.3  Ownership of the Hire Goods remains at all times with the Supplier. The Customer has no right, title or interest in the Hire Goods except that they are hired to the Customer. Ownership of any Products remains with the Supplier until all monies payable to the Supplier by the Customer for the Products have been paid in full.

8.4  The Customer must not deal with the ownership or any interest in the Hire Goods. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending. However the Customer may re-hire the Hire Goods to a third party with the prior written consent of the Supplier.

8.5  The Supplier may provide reasonably priced insurance in respect of the Hire Goods at an additional cost to the Rental in accordance with Financial Services Authority Requirements. Alternatively the Supplier may require the Customer to insure the Hire Goods for such reasonable risks as the Supplier may specify and any proceeds of any such insurance shall be paid to the Supplier on demand. The Customer must not compromise any claim in respect of the Hire Goods and/or any associated insurance without the Supplier’s written consent.

9 DELIVERY, COLLECTION AND SERVICES

9.1  The Supplier will usually deliver and collect the Hire Goods to and from the Customer. It will do so at its standard delivery cost and such delivery and/or collection will form part of the Services.

9.2  The Customer shall remain responsible and liable for any loss, damage or theft to the Hire Goods until the Hire Goods are collected by the Supplier.

9.3  Where the Supplier provides Services the persons performing the Services are servants of the Customer and once the Customer instructs such person they are under the direction and control of the Customer. The Customer shall be solely responsible for any instruction, guidance and/or advice given by the Customer to any such person and for any damage which occurs as a result of such persons following the Customer’s instructions, guidance and/or advice except to the extent that the persons performing the Services are negligent.

9.4  The Customer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to utilities for the Supplier’s employees, sub-contractors and/or agents to allow them to carry out the Services. The Customer will ensure that the site where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence.

9.5  If any Services are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay the Supplier’s additional standard charges from time to time for such delay, postponement and/or cancellation except where the Customer is acting as a consumer and the delay is due to a Force Majeure event.

9.6  If the Hire Goods are to be delivered by the Supplier or an appointed carrier then the Customer must inform the Supplier of all relevant access information including the following:

9.6.1  The Customer must inform the Supplier in advance of delivery if it cannot accommodate on its site a delivery truck with a height of 12 foot 6 inches, width of 9 foot and weight of 7,500 kg.

9.6.2  If there are any long walks required by delivery staff

9.6.3  If there are lifts elevators with maximum weight capacity that the supplier’s staff will be expected to use.

9.6.4  If there are any stairs that the supplier’s staff will be expected to use.

9.7  If delivery and unloading of a truck is likely to take in excess of 1 hour owing to delayed or difficult access at the point of delivery the supplier reserves the right to charge £20 per hour of waiting or additional time. If the Hirer receives a parking ticket in circumstances where the Customer has failed to provide access information in accordance with clause 9.8 the Hirer will be entitled to charge the Customer for the value of such parking or related fines.

9.8  The Customer should supply contact names and contact telephone numbers for the Customer’s members of staff who will be available to contact by the Customer all day on anticipated delivery dates. The Customer should inform the Hirer in advance of all information relevant to facilitate ease of access and delivery of the Hire Goods.

9.9  The Customer shall not be entitled to reject any delivery of Hire Goods on the basis that an incorrect volume of Hire Goods has been supplied provided the volumes are within the tolerances (if any) set out in the Order.

9.10  Time of delivery is not of the essence. The Supplier shall use its reasonable endeavours to meet delivery dates and times indicated on an Order, but such dates and times are approximate only.

9.11  The Supplier shall not be liable for any delay in or failure of delivery cause by:

9.11.1  the Customer’s failure to: (i) make the Delivery Location available, (ii) prepare the delivery location in advance with the Supplier’s instructions OR as required for delivery or (iii) provide the Supplier with adequate instructions for delivery or otherwise relating to the Hire Goods.

9.11.2  the Customer’s failure to collect the Hire Goods from the Supplier’s premises; or

9.11.3  an event of Force Majeure.

9.12 The Customer, upon notification from the Hirer, shall allow the Hirer or its agents or representatives access to any premises where the Hire Goods may be for the purpose of inspecting and removing them.

10 CARE OF HIRE GOODS

10.1 The Customer shall:-

10.1.1  inspect the Hire Goods upon delivery and notify the Hirer immediately in writing of any defect in the Hire Goods. If no such notification is given it shall be conclusively presumed that the Hire Goods are complete and in good order and condition and fit for the purpose for which they are required and, in every way, satisfactory to the Customer;

10.1.2  keep the Hire Goods in its own possession at the Specified Location (or at such other locations(s) as the Hirer may agree) and allow the Hirer or its agent upon reasonable notice at any time access to inspect the Hire Goods;

10.1.3  not remove any labels from and/or interfere with the Hire Goods, their working mechanisms or any other parts of them and shall take reasonable care of the Hire Goods and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Customer;

10.1.4  notify the Supplier immediately after any breakdown, loss and/or damage to the Hire Goods;

10.1.5  notify the Supplier if the Hire Goods have not been returned or physically repossessed by the Hirer by the Collection Date. Such notification to be provided within 12 hours of the Collection Date;

10.1.6  take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks;

10.1.7  ensure that if the Hire Goods are or become affixed to any land or building, they shall be capable of being removed without material injury to such land or building and to take all necessary steps to prevent title to the Hire Goods from passing to the landlord of such land or building;

10.1.8  repair and make good any damage caused by the affixation of the Hire Goods to or their removal from any land or building (whether such affixation or removal is effected by the Hirer or the Customer) and to indemnify the Hirer against all loss, damage or liability it may incur or sustain as a result of such affixation or removal;

10.1.9  notify the Supplier of any change of its address and upon the Supplier’s request provide details of the location of the Hire Goods;

10.1.10  permit the Supplier or its duly authorised agent at all reasonable times and upon reasonable notice to inspect the Hire Goods including procuring access to any property where the Hire Goods are situated;

10.1.11  keep the Hire Goods at all times in its possession and control and not to remove the Hire Goods from the country where the Customer is located and/or the country where the Supplier is located without the prior written consent of the Supplier and make the

Hire Goods visible and available for collection on the Collection Date and for up to 3 days after the end of the Hire Period;

10.1.12  be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Hire Goods required by any legislation, best practice and/or operating instructions except to the extent that the Supplier has agreed to provide them as part of any Services;

10.1.13  not do or omit to do anything which the Customer has been notified will or may be deemed to invalidate any policy of insurance related to the Hire Goods;

10.1.14  not continue to use Hire Goods where they have been damaged and will notify the Supplier immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, other property and/or injury to any person; and

10.1.15  use the Hire Goods in a skilful and proper manner and in accordance with any operating instructions issued for them and ensure that any employees, agents or contractors that operate the Hire Goods are, if applicable, adequately and sufficiently qualified and trained to use the Hire Goods in accordance with all current and applicable legislation.

10.1.16  carry out or procure that there shall be carried out all the Hirer’s obligations relating to the preparation of the Specified Location as defined in this Agreement and the installation and acceptance of the Hire Goods contained in the contract under which the Hirer acquires the Hire Goods;

10.1.17  comply with all statutory and other obligations of all kinds in relation to the Hire Goods and the use of them and at its own expense to add to or install with the Hire Goods any safety or other equipment required by any applicable law or regulation to be so added or installed for the use or operation of the Hire Goods and to protect the Hire Goods against any procedure for the taking of control by another and to indemnify the Hirer against all losses, charges and damages however incurred by the Hirer by reason of failure by the Customer to comply with any of the above terms of this clause 10;

10.1.18  pay and compensate the Hirer for the cost of replacing any Hire Goods that are missing or inaccessible at the end of the Hire Period.

10.2 The Hire Goods must be returned by the Customer in good working order and condition (fair wear and tear excepted) and in a clean condition together with all insurance policies, licences, registration and other documents relating to the Hire Goods.

11 LOSS OR DAMAGE TO THE HIRE GOODS

11.1  If the Hire Goods are returned in damaged, unclean and/or defective state except where due to fair wear and tear and/or an inherent fault in the Hire Goods the Customer shall be liable to pay the Supplier for the cost of any repair and/or cleaning required to return the Hire Goods to a condition fit for rehire and to pay the Rental, in accordance with the provisions of clause 11.3, until such repairs and/or cleaning have been completed.

11.2  The Customer will pay to the Supplier the new replacement cost for any Hire Goods less than twelve (12) months old from first registration and/or shall pay the Supplier for any loss or costs for any Hire Goods more than twelve (12) months old from first registration, which are lost, stolen or damaged beyond economic repair during the Hire Period less the amount paid to the Supplier under any policy of insurance in respect of the Hire Goods.

11.3  The Customer shall pay the Rental for the Hire Goods up to and including the date it notifies the Supplier that the Hire Goods have been lost, stolen and/or damaged beyond economic repair. From that date until the Supplier has replaced such Hire Goods the Customer shall pay, as a genuine pre-estimate of lost rental profit, a sum as liquidated damages being equal to two thirds of the Rental that would have applied for such Hire Goods for that period. The Supplier shall use its reasonable commercial endeavours to purchase replacements for such Hire Goods as quickly as possible using the monies paid under clause 11.2 above.

11.4  The Customer shall pay to the Hirer upon the expiry of 30 days after a Total Loss (or on such later date as the Hirer may agree) an amount equal to the sum of:

11.4.1  All arrears of Rental, including apportioned Rental for any broken period; and

11.4.2  such sum as is required to compensate the Hirer for the loss or destruction of or damage to the Hire Goods.

11.5  The Customer shall be solely responsible for and indemnify the Hirer in respect of all loss of or damage to the Hire Goods (in so far as the Hirer is not reimbursed by the proceeds of insurance in respect thereof), however caused.

12 TERMINATION BY NOTICE

12.1  If the Hire Period has a fixed duration, subject to the provisions of Section 13 neither the Customer nor the Supplier shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party.

12.2  If the Hire Period does not have a fixed duration either of the Customer or the Supplier is entitled to terminate the Contract upon giving to the other party any agreed period of notice.

12.2.1  If no period of notice has been agreed or specified the Customer may terminate the Hire Period by the physical return of the Hire Goods to the Supplier.

12.2.2  If no period of notice has been agreed or specified either party shall be entitled to terminate the hire of the Hire Goods by giving not less than 14 days’ notice to the other.

14 LIMITATIONS OF LIABILITY

14.1  Any defective Hire Goods must be returned to the Supplier for inspection if requested by the Supplier before the Supplier will have any Liability for defective Hire Goods.

14.2  The Supplier shall have no Liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Customer’s continued use of defective Hire Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.

14.3  If the Customer does not notify the Hirer on delivery of any defect in the Hire Goods it shall be conclusively presumed that the Hire Goods are complete and in good order and condition and fit for the purpose for which they are required and in every way satisfactory to the Customer.

14.4  The Supplier shall have no liability for any statement, term, condition, warranty or representation made by any supplier, dealer, agent, broker or other person through whom this transaction may have been introduced, negotiated or conducted and persons other than those in the employ of the Hirer have no authority, express or implied, to act as agent for the Hirer;

14.5  The Customer shall give the Supplier a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Supplier shall have no Liability to the Customer.

14.6  The Hirer shall have no Liability to the Customer for any loss or damage incurred or sustained by the Customer in consequence of the Hirer terminating the hiring under clauses 12 or 13 above or in retaking possession of the Hire Goods.

14.7  The Supplier shall have no Liability to the Customer for any of the following losses (whether direct or indirect):-

14.7.1  economic and/or other similar losses;

14.7.2  special damages and indirect losses; and/or

14.7.3  business interruption, loss of business, contracts and/or opportunity.

14.8  Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:

14.8.1 Liability for breach of contract;

14.9 Nothing in this Contract shall exclude or limit the Liability of the Supplier for fraud, death or personal injury due to the Supplier’s negligence, nor exclude or limit any other type of Liability which it is not permitted to exclude or limit as a matter of law.

CHAIRMAN HIRE TERMS & CONDITIONS FOR HIRE OF GOODS TO BUSINESSES 1 DEFINITION AND INTERPRETATION

1.1 In these terms and conditions the following words have the following meanings:

Advance Payment – means any advance payment required by the Supplier in relation to the Hire Goods which is to be held as security by the Supplier and which is non- returnable subject to clauses 3 and 4.

Collection Date Contract – he date that the parties intend the Hire Period to end as stated in the Order;

Contract – means a contract which incorporates these terms and conditions set out in an Order and made between the Customer and the Supplier for the hire of Hire Goods;

Consumer – means the person, firm, company or other organisation hiring Hire Goods;

Force Majeure – means any event outside a party’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, sub- contractors, lock- outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events;

Hire Goods – means any goods, furniture and any accessories specified in a Contract which are hired to the Customer;

Hire Period – means the period commencing when the Customer holds the Hire Goods on hire (including Saturdays Sundays and Bank Holidays) and ending upon the happening of any of the following: (i) the physical return of the Hire Goods by the Customer into the Supplier’s possession; or (ii) the physical repossession or collection of Hire Goods by the Supplier;

Liability – means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;

Products – means the products sold to the Customer by the Supplier;

2.1  Hire Goods are hired subject to them being available for hire to the Customer at the time required by the Customer. The Supplier will not be liable for any loss suffered by the Customer as a result of the Hire Goods being unavailable for hire where the Hire Goods are unavailable due to circumstances beyond the Supplier’s control.

2.2  Where hire of the Hire Goods is to a Customer who is an individual and the hire would be covered by the Consumer Credit Act 1974 the duration of the Hire Period shall not exceed 3 months, after which time the Contract shall be deemed to have automatically terminated. Accordingly the hire of any Hire Goods is not covered by the Consumer Credit Act 1974.

2.3  Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a consumer.

2.4  Orders are typically prepared and loaded up to 14 days prior to the date agreed for delivery. Orders can be varied at any time up to the date 14 days, subject to availability of alternative Hire Goods, prior to the delivery for the customer’s event. During any period less than 14 days prior to the delivery date the supplier reserves the right to charge an administration fee of £30 to cover administration prepping, unloading and loading.

3 RIGHT TO CANCEL THIS CONTRACT

3.1  Subject to clause 3.2 you have the right to cancel this contract within 14 days without giving any reason.

3.2  The cancellation period will expire after 14 days from the day your order was placed or on the day the services commence, whichever time of expiry is earlier.

3.3  To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email).

3.4  To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

4 EFFECTS OF CANCELLATION

4.1  If you cancel this contract, in accordance with these terms, we will, subject to clause 4.3, reimburse to you payments received from you.

4.2  We may make a deduction from the reimbursement for the cost of services supplied.

4.3  If the Customer cancels the contract more than 30 days before the beginning of the Hire Period then the Supplier will retain 100% of the Advance Payment. If the Customer cancels the contract less than 30 days prior to the start of the Hire Period the Customer will pay 100% of the total order value. This is because the exclusive nature of the reservation takes the Hire Goods off the market for use in the Supplier’s business.

5 QUIET ENJOYMENT

5.1 So long as the Customer is neither in default in the payment of any sum of money payable nor is in breach of any of the covenants on its part to perform in this Agreement it may peaceably hold and enjoy quiet possession of the Goods for the Hire Period.

6 PAYMENT

6.1  The amount of any Advance Payment, Rental and/or charges for any Services shall be as quoted to the Customer or otherwise as shown in the Supplier’s current price list from time to time. Where an Advance Payment is required for the Hire Goods it must be paid in advance of the Customer hiring the Hire Goods.

6.2  The Customer shall pay, punctually and without previous demand, deduction, counterclaim or set-off, the Rental, charges for any Services, monies for any Products and/or any other sums payable under the contract to the Supplier at the time and in the manner agreed. The Supplier’s prices are, unless otherwise stated, exclusive of any applicable VAT for which the Customer shall additionally be liable.

6.3  Payment by the Customer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to be made until the Supplier has received either cash or cleared funds in respect of the full amount outstanding. Failure to pay any sums due within 21 days after the due date shall be a repudiation of this Agreement.

6.4  If the Customer fails to make any payment in full on the due date the Supplier may charge the Customer interest (both before and after judgment/decree) on the amount unpaid at the rate implied by law under the Late Payment of Commercial Debts (Interest) Act 1998 (where applicable) or at the rate of 4% above the base rate from time to time of the Supplier’s bank whichever is higher.

6.5  The Customer shall pay all sums due to the Supplier under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
6.6 The Supplier may set a reasonable credit limit for the Customer. The Supplier reserves the right to terminate or suspend the Contract for hire of the Hire Goods and/or the provision of Services if allowing it to continue would result in the Customer exceeding its credit limit or the credit limit is already exceeded.

7 RISK OWNERSHIP AND INSURANCE

7.1  Risk in the Hire Goods and any Products will pass immediately to the Customer when they leave the physical possession or control of the Supplier.

7.2  Risk in the Hire Goods will not pass back to the Supplier from the Customer until the Hire Goods are back in the physical possession of the Supplier. This shall apply even if the Supplier has agreed to cease charging the Rental.

7.3  Ownership of the Hire Goods remains at all times with the Supplier. The Customer has no right, title or interest in the Hire Goods except that they are hired to the Customer. Ownership of any Products remains with the Supplier until all monies payable to the Supplier by the Customer for the Products have been paid in full.

7.4  The Customer must not deal with the ownership or any interest in the Hire Goods. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending. However the Customer may re-hire the Hire Goods to a third party with the prior written consent of the Supplier.

7.5  The Supplier may provide reasonably priced insurance in respect of the Hire Goods at an additional cost to the Rental in accordance with Financial Services Authority Requirements. Alternatively the Supplier may require the Customer to insure the Hire Goods for such reasonable risks as the Supplier may specify and any proceeds of any such insurance shall be paid to the Supplier on demand. The Customer must not compromise any claim in respect of the Hire Goods and/or any associated insurance without the Supplier’s written consent.

8 DELIVERY, COLLECTION AND SERVICES

8.1  The Supplier will usually deliver and collect the Hire Goods to and from the Customer. It will do so at its standard delivery cost and such delivery and/or collection will form part of the Services.

8.2  The Customer shall remain responsible and liable for any loss, damage or theft to the Hire Goods until the Hire Goods are collected by the Supplier.

8.3  Where the Supplier provides Services the persons performing the Services are servants of the Customer and once the Customer instructs such person they are under the direction and control of the Customer. The Customer shall be solely responsible for any instruction, guidance and/or advice given by the Customer to any such person and for any damage which occurs as a result of such persons following the Customer’s instructions, guidance and/or advice except to the extent that the persons performing the Services are negligent.

8.4  The Customer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to utilities for the Supplier’s employees, sub-contractors and/or agents to allow them to carry out the Services. The Customer will ensure that the site where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence.

8.5  If any Services are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay the Supplier’s additional standard charges from time to time for such delay, postponement and/or cancellation except where the

8.6  If the Hire Goods are to be delivered by the Supplier or an appointed carrier then the Customer must inform the Supplier of all relevant access information including the following:

8.6.1  The Customer must inform the Supplier in advance of delivery if it cannot accommodate on its site a delivery truck with a height of 12 foot 6 inches, width of 9 foot and weight of 7,500 kg.

8.6.2  If there are any long walks required by delivery staff

8.6.3  If there are lifts elevators with maximum weight capacity that the supplier’s staff will be expected to use.

8.6.4  If there are any stairs that the supplier’s staff will be expected to use.

8.7  If delivery and unloading of a truck is likely to take in excess of 1 hour owing to delayed or difficult access at the point of delivery the supplier reserves the right to charge £20 per hour of waiting or additional time. If the Hirer receives a parking ticket in circumstances where the Customer has failed to provide access information in accordance with clause 8.8 the Hirer will be entitled to charge the Customer for the value of such parking or related fines.

8.8  The Customer should supply contact names and contact telephone numbers for the Customer’s members of staff who will be available to contact by the Customer all day on anticipated delivery dates. The Customer should inform the Hirer in advance of all information relevant to facilitate ease of access and delivery of the Hire Goods.

8.9  The Customer shall not be entitled to reject any delivery of Goods on the basis that an incorrect volume of Goods has been supplied provided the volumes are within the tolerances (if any) set out in the Order.

8.10  Time of delivery is not of the essence. The Supplier shall use its reasonable endeavours to meet delivery dates and times, but such dates and times are approximate only.

8.11  The Supplier shall not be liable for any delay in or failure of delivery cause by:

8.11.1  the Customer’s failure to: (i) make the Delivery Location available, (ii) prepare the delivery location in advance with the Supplier’s instructions OR as required for delivery or (iii) provide the Supplier with adequate instructions for delivery or otherwise relating to the Goods.

8.11.2  the Customer’s failure to collect the Goods from the Supplier’s premises; or

8.11.3  an event of Force Majeure.

8.12  The Customer, upon notification from the Hirer, shall allow the Hirer or its agents or representatives access to any premises where the Goods may be for the purpose of inspecting and removing them.

9 CARE OF HIRE GOODS

9.1 The Customer shall:-

9.1.1 inspect the Goods upon delivery and notify the Hirer immediately in writing of any defect in the Goods. If no such notification is given it shall be conclusively presumed that the Goods are complete and in good order and condition and fit for the purpose for which they are required and, in every way, satisfactory to the Customer;

9.1.2  keep the Goods in its own possession at the Specified Location (or at such other locations(s) as the Hirer may agree) and allow the Hirer or its agent upon reasonable notice at any time access to inspect the Goods;

9.1.3  not remove any labels from and/or interfere with the Hire Goods, their working mechanisms or any other parts of them and shall take reasonable care of the Hire Goods and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Customer;

9.1.4  notify the Supplier immediately after any breakdown, loss and/or damage to the Hire Goods;

9.1.5  notify the Supplier if the Hire Goods have not been returned or physically repossessed by the Hirer by the Collection Date. Such notification to be provided within 12 hours of the Collection Date;

9.1.6  take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks;

9.1.7  ensure that if the Goods are or become affixed to any land or building, they shall be capable of being removed without material injury to such land or building and to take all necessary steps to prevent title to the Goods from passing to the landlord of such land or building;

9.1.8  repair and make good any damage caused by the affixation of the Goods to or their removal from any land or building (whether such affixation or removal is effected by the Hirer or the Customer) and to indemnify the Hirer against all loss, damage or liability it may incur or sustain as a result of such affixation or removal;

9.1.9  notify the Supplier of any change of its address and upon the Supplier’s request provide details of the location of the Hire Goods;

9.1.10  permit the Supplier or its duly authorised agent at all reasonable times and upon reasonable notice to inspect the Hire Goods including procuring access to any property where the Hire Goods are situated;

9.1.11  keep the Hire Goods at all times in its possession and control and not to remove the Hire Goods from the country where the Customer is located and/or the country where the Supplier is located without the prior written consent of the Supplier and make the Hire Goods visible and available for collection on the Collection Date and for up to 3 days after the end of the Hire Period;

9.1.12  be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Hire Goods required by any legislation, best practice and/or operating instructions except to the extent that the Supplier has agreed to provide them as part of any Services;

9.1.13  not do or omit to do anything which the Customer has been notified will or may be deemed to invalidate any policy of insurance related to the Hire Goods;

9.1.14  not continue to use Hire Goods where they have been damaged and will notify the Supplier immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, other property and/or injury to any person; and

9.1.15  use the Goods in a skilful and proper manner and in accordance with any operating instructions issued for them and ensure that any employees, agents or contractors that operate the Hire Goods are, if applicable, adequately and sufficiently qualified and trained to use the Hire Goods in accordance with all current and applicable legislation.

9.1.16  carry out or procure that there shall be carried out all the Hirer’s obligations relating to the preparation of the Specified Location as defined in this Agreement and the installation and acceptance of the Goods contained in the contract under which the Hirer acquires the Goods;

9.1.17  comply with all statutory and other obligations of all kinds in relation to the Goods and the use of them and at its own expense to add to or install with the Goods any safety or other equipment required by any applicable law or regulation to be so added or installed for the use or operation of the Goods and to protect the Goods against any procedure for the taking of control by another and to indemnify the Hirer against all losses, charges and damages however incurred by the Hirer by reason of failure by the Customer to comply with any of the above terms of this clause 9;

9.1.18  pay and compensate the Hirer for the cost of replacing any Hire Goods that are missing or inaccessible at the end of the Hire Period.

9.2 The Hire Goods must be returned by the Customer in good working order and condition (fair wear and tear excepted) and in a clean condition together with all insurance policies, licences, registration and other documents relating to the Hire Goods.

10 LOSS OR DAMAGE TO THE HIRE GOODS

10.1  If the Hire Goods are returned in damaged, unclean and/or defective state except where due to fair wear and tear and/or an inherent fault in the Hire Goods the Customer shall be liable to pay the Supplier for the cost of any repair and/or cleaning required to return the Hire Goods to a condition fit for rehire and to pay the Rental, in accordance with the provisions of clause 10.3, until such repairs and/or cleaning have been completed.

10.2  The Customer will pay to the Supplier the new replacement cost for any Hire Goods less than twelve (12) months old from first registration and/or shall pay the Supplier for any loss or costs for any Hire Goods more than twelve (12) months old from first registration, which are lost, stolen or damaged beyond economic repair during the Hire Period less the amount paid to the Supplier under any policy of insurance in respect of the Hire Goods.

10.3  The Customer shall pay the Rental for the Hire Goods up to and including the date it notifies the Supplier that the Hire Goods have been lost, stolen and/or damaged beyond economic repair. From that date until the Supplier has replaced such Hire Goods the Customer shall pay, as a genuine pre-estimate of lost rental profit, a sum as liquidated damages being equal to two thirds of the Rental that would have applied for such Hire Goods for that period. The Supplier shall use its reasonable commercial endeavours to purchase replacements for such Hire Goods as quickly as possible using the monies paid under clause 10.2 above.

10.4  The Customer shall pay to the Hirer upon the expiry of 30 days after a Total Loss (or on such later date as the Hirer may agree) an amount equal to the sum of:

10.4.1  All arrears of Rental, including apportioned Rental for any broken period; and

10.4.2  such sum as is required to compensate the Hirer for the loss or destruction of or damage to the Goods.

10.5  The Customer shall be solely responsible for and indemnify the Hirer in respect of all loss of ordamage to the Goods (in so far as the Hirer is not reimbursed by the proceeds of insurance in respect thereof), however caused.

11 TERMINATION BY NOTICE

11.1  If the Hire Period has a fixed duration, subject to the provisions of Section 12 neither the Customer nor the Supplier shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party.

11.2  If the Hire Period does not have a fixed duration either of the Customer or the Supplier is entitled to terminate the Contract upon giving to the other party any agreed period of notice.

11.2.1  If no period of notice has been agreed or specified the Customer may terminate the Hire Period by the physical return of the Hire Goods to the Supplier.

11.2.2  If no period of notice has been agreed or specified either party shall be entitled to terminate the hire of the Hire Goods by giving not less than 14 days’ notice to the other.

12 DEFAULT

12.1 Without prejudice to the Hirer’s right to arrears of Rentals or other sums due or for damages for breach of this Agreement, if the Customer:-

12.1.1  fails to make any payment to the Supplier when due without just cause;

12.1.2  breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;

12.1.3  persistently breaches the terms of the Contract;

12.1.4  provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;

12.1.5  does or allows to be done any act or thing that may prejudice or endanger the Hirer’s property or rights in the Goods;

12.1.6  pledges, charges or creates any form of security over any Hire Goods or proposes to compound with its creditors, creates a trust deed for its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress/diligence, execution or other legal process is levied on any property of the Customer, has a Bankruptcy Petition/Petition for Sequestration presented against it or the Customer takes or suffers any similar action in any jurisdiction;

12.1.7  being a company, ceases or threatens to cease to carry on business, enters into voluntary or compulsory liquidation, has a receiver, administrator or administrative receiver or in the Republic of Ireland an examiner appointed over all or any of its assets, any attachment order/arrestment is made against the Customer, any distress/diligence, execution or other legal process is levied on any property of the Customer or the Customer takes or suffers any similar action in any jurisdiction;

12.1.8  appears reasonably to the Supplier due to the Customer’s credit rating to be financially inadequate to meet its obligations under the Contract; and/or

12.1.9  appears reasonably to the Supplier to be about to suffer any of the above events; then the Supplier shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 12.2 below.

12.2  If any of the events set out in clause 12.1 above occurs in relation to the Customer then:-

12.2.1  except where the Customer is acting as a consumer the Supplier may enter, without prior notice, any premises of the Customer (or premises of third parties with their consent) where Hire Goods and/or Products owned by the Supplier may be and repossess any Hire Goods and/or Products;

12.2.2  the Supplier may withhold the performance of any Services and cease any Services in progress under this and/or any other Contract with the Customer;

12.2.3  the Supplier may immediately cancel, terminate and/or suspend without Liability to the Customer the Contract and/or any other contract with the Customer; and/or

12.2.4  all monies owed by the Customer to the Supplier shall immediately become due and payable.

12.2.5  the Customer shall pay to the Hirer damages for any breach of this Agreement and all expenses and costs incurred by the Hirer in retaking possession of and selling or re- hiring the Goods or attempting to sell or rehire the Goods and/or enforcing its rights under this Agreement.

12.3  Any repossession of the Hire Goods and/or Products shall not affect the Supplier’s right to recover from the Customer any monies due under the Contract and/or any damages in respect of any breach which occurred prior to repossession of the Hire Goods and/or Products.

12.4  Upon termination of the Contract the Customer shall immediately:

12.4.1  return the Hire Goods to the Supplier or make the Hire Goods available for collection by the Supplier as requested by the Supplier; and

12.4.2  pay to the Supplier all arrears for Rentals, Charges for any Services, monies for any Products and/or any other sums payable under the Contract.

13 LIMITATIONS OF LIABILITY

13.1  All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.

13.2  If the Supplier is found to be liable in respect of any loss or damage to the Customer’s property, the extent of the Supplier’s Liability will be limited to the retail cost of replacement of the damaged property.

13.3  Any defective Hire Goods must be returned to the Supplier for inspection if requested by the Supplier before the Supplier will have any Liability for defective Hire Goods.

13.4  The Supplier shall have no Liability to the Customer if, without just cause, any monies due in respect of the Hire Goods and/or the Services have not been paid in full by the due date for payment.

13.5  The Supplier shall have no Liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Customer’s continued use of defective Hire Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.

13.6  If the Customer does not notify the Hirer on delivery of any defect in the Goods it shall be conclusively presumed that the Goods are complete and in good order and condition and fit for the purpose for which they are required and in every way satisfactory to the Customer.

13.7  The Supplier shall have no liability for any statement, term, condition, warranty or representation made by any supplier, dealer, agent, broker or other person through whom this transaction may have been introduced, negotiated or conducted and persons other than those in the employ of the Hirer have no authority, express or implied, to act as agent for the Hirer;

13.8  The Customer shall give the Supplier a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Supplier shall have no Liability to the Customer.

13.9  The Supplier shall have no Liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against the Supplier.

13.10  The Hirer shall have no Liability to the Customer for any loss or damage incurred or sustained by the Customer in consequence of the Hirer terminating the hiring under clauses 11 or 12 above or in retaking possession of the Goods.

13.11  The Supplier shall have no Liability to the Customer for any of the following losses (whether direct or indirect):-13.11.1 consequential losses (including loss of profits and/or damage to goodwill);

13.11.3 special damages and indirect losses; and/or

13.11.4 business interruption, loss of business, contracts and/or opportunity.

13.12  The Supplier’s total Liability to the Customer under and/or arising in relation to any Contract shall not exceed 5 times the amount of the Rental and charges for Services (if any) under that Contract or the sum of £1,000 (or Euro equivalent) whichever is the higher. To the extent that any Liability of the Supplier to the Customer would be met by any insurance of the Supplier then the Liability of the Supplier shall be extended to the extent that such Liability is met by such insurance.

13.13  Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:13.13.1 Liability for breach of contract;

13.13.2 Liability in tort/delict (including negligence); and

13.13.3 Liability for breach of statutory and/or common law duty; except clause 13.12 above which shall apply once only in respect of all the said types of Liability.

13.14  Nothing in this Contract shall exclude or limit the Liability of the Supplier for fraud, death or personal injury due to the Supplier’s negligence, nor exclude or limit any other type of Liability which it is not permitted to exclude or limit as a matter of law.

14 GENERAL

14.1  Upon termination of the Contract the provisions of clauses 6.2, 6.4, 6.5, 10.1, 10.2, 10.3 and Section 9 shall continue in full force and effect.

14.2  Each hire of an item of Hire Goods shall form a distinct Contract which shall be separate to any other Contract relating to other Hire Goods.

14.3  The Customer shall be liable for the acts and/or omissions of its employees, agents, servants and/or subcontractors as though they were its own acts and/or omissions under this Contract.

14.4  The Customer agrees to indemnify and keep indemnified the Supplier against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by the Supplier and arising from or due to any breach of contract, any tortious/delictual act and/or omission and/or any breach of statutory duty by the Customer.

14.5  No waiver by the Supplier of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision. If any provision is held by any competent authority to be unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

14.6  Any delay or failure of the Hirer to exercise any right or remedy shall not constitute a waiver of it or them and any of the Hirer’s rights or remedies may be enforced separately or concurrently with any other right or remedy now or in the future accruing to the Hirer, to the effect that such rights are cumulative and not exclusive of each other.

14.7  The Supplier shall have no Liability to the Customer for any delay and/or non performance of a Contract to the extent that such delay is due to any Force Majeure events. If the Supplier is affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.

14.8  All third party rights are excluded and no third parties shall have any rights to enforce the Contract by virtue of the Contracts (Rights of Third Parties) Act 1999. This shall not apply to any finance company with whom the Supplier has an outstanding finance agreement relating to the Hire Goods. Such finance company shall, subject to the Supplier’s consent, have the right to enforce this Contract as if they were the Supplier. This Contract is governed by and interpreted in accordance with the law of the country where the Supplier is located and that country will have exclusive jurisdiction in relation to this Contract.

14.9  In considering the Customer’s application the Hirer may search the Customer’s record at credit reference agencies. They will add to the Customer’s record details of the Hirer’s search and the Customer’s application and this will be seen by other organisations that make searches. The Hirer shall use information it obtains from the Customer under this Agreement or from any credit reference or fraud prevention agencies:

14.9.1  to assess the Customer’s application, manage the Customer’s account and provide the Hirer’s services and to carry out market research;

14.9.2  to recover debts, prevent fraud and to detect money laundering activity;

14.10  The Hirer may use a credit scoring or other automated decision making system when assessing the Customer’s application.