DD Hire
Camberley Depot  01276 31132

Shepperton Depot 01932 227 998


Terms & Conditions

CONDITIONS FOR HIRE AND SALE OF PRODUCTS TO CONSUMERS AND BUSINESSES

1

INTERPRETATION

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

“Contract” means a contract which incorporates these conditions and made

between the Customer and the Supplier for the hire of Hire Goods and/or the

sale of Products;

“Customer” means the person, firm, company or other organisation hiring

Hire Goods;

“Deposit” means any advance payment required by the Supplier in relation to

the Hire Goods which is to be held as security by the Supplier;

“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 machine, article, tool, and/or device together with

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 events: (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;

“Rental” means the Supplier’s charging rate for the hire of the Hire Goods

which is current from time to time during the Hire Period;

“Supplier” means [

NAME OF HAE MEMBER] and will include its employees,

servants, agents and/or duly authorised representatives;

“Services” means the services and/or work (if any) to be performed by the

Supplier for the Customer in conjunction with the hire of Hire Goods including

any delivery and/or collection service for the Hire Goods.

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 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. Where the Customer is acting as a consumer

any provision which is marked with an asterisk (*) may, subject to

determination by the Courts, have no force or effect. For further

information about your statutory rights contact your local authority

Trading Standards Department or Citizens Advice Bureau or if based in

the Republic of Ireland your local office of the Director of Consumer

Affairs or Citizens Information Centre.

3

PAYMENT

3.1 The amount of any Deposit, 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 a Deposit is

required for the Hire Goods it must be paid in advance of the Customer

hiring the Hire Goods. The Supplier may also require an initial payment

on account of the Rental in advance of the Customer hiring the Hire

Goods.

3.2 The Customer shall pay 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.

3.3 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.

3.4

*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.

3.5

*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.

3.6 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.

4

RISK OWNERSHIP AND INSURANCE

4.1 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.

4.2 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.

4.3 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.

4.4 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.

4.5 The Supplier may provide reasonably priced insurance in respect of the

Hire Goods at an additional cost to the Rental. Alternatively the

Supplier may require the Customer to insure the Hire Goods on such

reasonable terms and for such reasonable risks as the Supplier may

specify. The proceeds of any such insurance that relate directly to the

Hire Goods shall be held by the Customer in trust for the Supplier and

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.

5

DELIVERY, COLLECTION AND SERVICES

5.1 It is the responsibility of the Customer to collect the Hire Goods from

the Supplier and return them to the Supplier at the end of the Hire

Period. If the Supplier agrees to deliver or collect the Hire Goods to

and/or from the Customer it will do so at its standard delivery cost and

such delivery and/or collection will form part of the Services.

5.2 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.

5.3 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, subcontractors

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.

5.4 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.

6

CARE OF HIRE GOODS

6.1 The Customer shall:-

6.1.1 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;

6.1.2 notify the Supplier immediately after any breakdown, loss and/or

damage to the Hire Goods;

6.1.3 take adequate and proper measures to protect the Hire Goods from

theft, damage and/or other risks;

6.1.4 notify the Supplier of any change of its address and upon the

Supplier’s request provide details of the location of the Hire Goods;

6.1.5 permit the Supplier 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;

6.1.6 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;

6.1.7 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;

6.1.8 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;

6.1.9 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

6.1.10 where the Hire Goods require fuel, oil and/or electricity ensure that

the proper type and/or voltage is used and that, where appropriate,

the Hire Goods are properly installed by a qualified and competent

person.

6.2 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.

7

BREAKDOWN

7.1 Allowance will be made in relation to the Rental to the Customer for any

non-use of the Hire Goods due to breakdown caused by the

development of an inherent fault and/or fair wear and tear on condition

that the Customer informs the Supplier as soon as practicable of the

breakdown.

7.2 The Customer shall be responsible for all expenses, loss (including loss

of Rental) and/or damage suffered by the Supplier arising from any

breakdown of the Hire Goods due to the Customer’s negligence,

misdirection and/or misuse of the Hire Goods.

7.3 The Supplier will at its own cost carry out all routine maintenance and

repairs to the Hire Goods during the Hire Period and all repairs which

are required due to fair wear and tear and/or an inherent fault in the

Hire Goods. The Customer will be responsible for the cost of all repairs

necessary to Hire Goods during the Hire Period which arise otherwise

than as a result of fair wear and tear, an inherent fault and/or the

negligence of the Supplier while carrying out routine maintenance

and/or repairs.

7.4 The Customer must not repair or attempt to repair the Hire Goods

unless authorised to do so in writing by the Supplier.

8

LOSS OR DAMAGE TO THE HIRE GOODS

8.1 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 re-hire and to pay the Rental, in accordance with the

provisions of clause 8.3, until such repairs and/or cleaning have been

completed.

8.2 The Customer will pay to the Supplier the replacement cost of any Hire

Goods which are lost, stolen and/or damaged beyond economic repair

during the Hire Period less the amount paid to the Supplier under any

policy of insurance taken out in accordance with these conditions.

8.3 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

8.2 above.

9

TERMINATION BY NOTICE

9.1 If the Hire Period has a fixed duration, subject to the provisions of

Section 10 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.

9.2 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.

9.3 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.

9.4 The Supplier shall be entitled to terminate the hire of the Hire Goods by

giving not less than 14 days’ notice to the Customer.

10

DEFAULT

10.1 If the Customer:-

10.1.1 fails to make any payment to the Supplier when due without just

cause;

10.1.2 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;

10.1.3 persistently breaches the terms of the Contract;

10.1.4 provides incomplete, materially inaccurate or misleading facts and/or

information in connection with the Contract;

10.1.5 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;

10.1.6 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;

10.1.7 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

10.1.8 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 10.2

below.

10.2 If any of the events set out in clause 10.1 above occurs in relation to

the Customer then:-

10.2.1 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;

10.2.2 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;

10.2.3 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

10.2.4

*all monies owed by the Customer to the Supplier shall immediately

become due and payable.

10.3 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.

10.4 Upon termination of the Contract the Customer shall immediately:

10.4.1 return the Hire Goods to the Supplier or make the Hire Goods

available for collection by the Supplier as requested by the Supplier;

and

10.4.2 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

11

LIMITATIONS OF LIABILITY

11.1

*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.

11.2

*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.

11.3 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.

11.4

*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.

11.5 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.

11.6 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.

11.7

*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.

11.8 The Supplier shall have no Liability to the Customer for any:-

11.8.1 *consequential losses (including loss of profits and/or damage to

goodwill);

11.8.2 economic and/or other similar losses;

11.8.3 special damages and indirect losses; and/or

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

11.9

*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/e1250 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.

11.10 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:

11.10.1 Liability for breach of contract;

11.10.2

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

11.10.3

*Liability for breach of statutory and/or common law duty;

except clause 11.9 above which shall apply once only in respect of all

the said types of Liability.

11.11 Nothing in this Contract shall exclude or limit the Liability of the

Supplier for 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.

12

GENERAL

12.1 Upon termination of the Contract the provisions of clauses 3.2, 3.4, 3.5,

8.1, 8.2, 8.3 and Section 6 shall continue in full force and effect.

12.2 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.

12.3 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.

12.4

*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.

12.5

*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.

12.6 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.

12.7 All third party rights are excluded and no third parties shall have any

rights to enforce the Contract. 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.

Copyright Hire Association Europe 1 April 2004

 
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Friday 20th October 2017