Terms and Conditions

Terms and Conditions

For your peace of mind

1. DEFINITIONS AND LAW

The Contract is the document or documents that set out these Conditions and all other details about your agreement with us.

  • The “Owner” is Farnborough Tool Hire and includes their successors, assigns or personal representatives.
  • The “Hirer” or “Purchaser” is the company, firm, person, corporation or public authority taking the Owner’s plant on hire and includes their successors or personal representatives.
  • The “Goods” means all products supplied by the owner to the purchaser, whether by means of sale, hire or otherwise, and whether the property of the company or distributed by the company as agents for another.
  • “Plant” or “Equipment” covers all classes of plant machinery, equipment and accessories therefore which the Owner agrees to hire to the Hirer.

These Conditions exclude any terms and conditions you may have put forward except where we have agreed to any amendments or other conditions in writing. These Conditions do not affect the statutory rights of a person dealing as a consumer as defined in the Unfair Contract Terms Act 1977 or any statutory modification of that Act. The Contract will be governed by and interpreted in accordance with English Law.

2. BASIS OF CONTRACT

The Hire of Equipment is subject to its availability when required by you. We will not be liable for any losses incurred by you due to Hire Equipment or Goods being unavailable through circumstances beyond our control. The Contract comes into being when you have placed an order giving details of your requirements and have agreed to be bound by these Conditions and we have accepted your order.

3. PAYMENT

  • If payment is not made when due, we will be entitled to interest on the amount which is overdue at the rate of 0.25% charged daily or as set out by law under the Late Payment of Commercial Debts (Interest) Act 1998 (where applicable). This will be without prejudice to any other rights or remedies we may have. You will also pay to us any charges we reasonably incur in the recovery from you of the money or Equipment. We reserve the right to set a credit limit for you. We reserve the right to terminate or suspend the Contract for the Equipment or Goods if allowing it to continue would cause you to exceed its credit limit or if the credit limit is already exceeded.
  • The goods shall remain the property of the Owner until paid for IN FULL by the purchaser, and until any cheques are cleared, but the goods shall be the risk of the purchasers as from date of delivery.

4. EXTENT OF CONTRACT

No conditions of warranty other than herein specifically set forth shall be implied or deemed to be incorporated in order to form part of the contract.

5. HIRER’S RESPONSIBILITY TO THIRD PARTY

The Hirer shall fully and completely indemnify the Owner in respect of all claims by any person whatsoever (including the Hirer, his servants, agents or employees) for death or personal injury or damage to property caused by or in connection with or arising out of the use of the Plant and in respect of all costs and charges in connection therewith arising under statute or common law or otherwise. N.B. The Hirer should cover by insurance the indemnity given to the Owner in these clauses.

6. GOODS RECEIVED IN GOOD ORDER

The Hirer must satisfy himself that the Plant is in good working order and that the Plant is not damaged in any way before signing the Plant Hire Contract.

7. SAFE USE OF PLANT AND INSTRUCTIONS

  • It is your responsibility to make sure that all people who use the Equipment are properly instructed in its safe and correct use and that they are in possession of all instructions supplied by us.
  • The Plant shall be used solely by the Hirer or his authorised representative and shall be used only for purposes for which the said Plant was manufactured and intended and shall not be used elsewhere than at the address designated without the consent of the Owner.
  • The Hirer shall be responsible for protecting the Plant and keeping them safe from bad weather, vandalism or improper use.

8. ELECTRICAL PLANT

The Hirer is responsible for ensuring that Plant is connected to the correct power supply and is correctly earthed and an R.C.D. Unit used with all 240V appliances. You will be responsible for complying with the Electricity at Work Regulations 1989 during the period of your responsibility for the Equipment as defined in condition 7 of these conditions.

9. RETURN OF PLANT

  • The Hirer shall return the Plant to the Owner or be collected as previously arranged at the time and date shown on the contract unless an extension of hire has been agreed to by the Owner prior to that time and date (see also clause 15). An ‘OFF HIRE’ receipt must be obtained by those customers not entitled to cash refunds.

10. MAINTENANCE OF PLANT

  • The Hirer shall be responsible for its safe keeping, use in a workmanlike manner within the Manufacturers rated capacity and return on the completion of the hire in equal order (fair wear and tear expected).
  • The Hirer shall take all reasonable steps to keep himself acquainted with the state and condition of the Plant. If Plant be continued at work or in use in an unsafe and unsatisfactory state, the Hirer shall be solely responsible for any damage, loss or accidents, whether arising directly or indirectly there from.
  • The Hirer shall regularly clean the Plant and return it in an equally clean condition. The hirer shall be responsible for any expense involved in cleaning Plant incurred by the Owner.
  • The Hirer shall at all reasonable times allow the Owner to have access to the Plant to inspect and service the same. However, the obligations of the Hirer under this Contract be in no way diminished by the provisions of this sub-clause and there shall be no liability on the part of the Owner under the terms of this Contract to carry out such inspection and servicing.

11. BREAKDOWN

  • Any breakdown of the unsatisfactory working of any part of the Plant must be notified immediately to the Owner. Any claim for breakdown time will only be considered from the time and date such breakdown is made known to the Owner.
  • Full allowance will be made to the Hirer for any stoppage due to breakdown of plant caused by the development of an inherent fault or fair wear and tear and for all stoppages for normal running repairs in accordance with the terms of the Contract. The Hirer shall be responsible for all expenses involved arising from any breakdown and all loss or damage incurred by the Owner due to the Hirer’s negligence, misdirection or misuse of the Plant, whether by the Hirer of his servants, and for the payment of the hire charges during the period of the Plant is necessarily idle due to such breakdown.
  • Under no circumstances shall the Hirer repair or attempt to repair the Plant unless authorised by the Owner. No allowance for hire charges or for the cost of repairs will be made by the Owner to the Hirer unless such repairs have been authorised by the Owner.

12. OTHER STOPPAGES

No claims will be submitted, other that those allowed for under Breakdown, as herein provided, for stoppages through causes outside the Owner’s control including bad weather or ground conditions.

13. CONSEQUENTIAL LOSSES

The Owner accepts no liability nor responsibility for any consequential loss or damage to arising from the breakdown or stoppage of the Plant through any cause whatsoever, or through non-arrival arising from accident or breakdown during the loading, unloading or transport of the Plant or from any other cause beyond the Owner’s control. Nothing in this clause shall apply in consumer contracts to cases where there is a breach of the implied terms that the goods hired shall be of merchantable quality and fit for the purpose for which they are hired within the meaning of section 9(2) and 9(5) of the Supply of Goods and Services Act 1982.

14. NON-RETURN, LOSS AND DAMAGE OF PLANT

  • When plant is reported Lost, Stolen or is not returned when requested by the Owner or is returned damaged beyond economical repair, hire charges will continue until the Hirer pays to the Owner the replacement cost based on the manufacturers current list price or such lesser sum as the Owner may require. On receipt of such payment the Owner will terminate the hire and transfer ownership of the Plant to the Hirer,
  • The Hirer agrees to pay the Owner all costs incurred in repairing damaged Plant from whatever cause. The same may arise during the continuance of the hire; fair wear and tear expected and accept as provided in Clause 10. The Owner reserves the right to charge rent for the period the Plant is idle due to such damage.

15. DELIVERY AND CARRIAGE

Hire charges do not include carriage. You will pay to us any agreed charges for delivering or collecting Equipment or Goods. Where we quote carriage charges, these include only the time required to load or unload alongside our vehicle at the address you have specified. You will pay extra for any further time or attendance including any attempt by us to carry out your pre-arranged instructions for delivery or collection which is unsuccessful due to your acts or omissions. All times which we state or quote for delivery or collection are approximate. The Hirer shall be responsible for unloading and reloading the Plant at site. Any driver or other employee of the owner who may help in unloading shall be deemed to be under the Hirer’s control. You shall be solely responsible for any instruction guidance and/or advice given by you to any such person and for any damage which occurs as a result of such persons following your instructions, guidance and/or advice excepting negligence by the persons performing the services.

You will provide sufficient access to the site, sufficient unloading/loading space, necessary aids, equipment and access to utilities for your employees, sub-contractors and/or agents to enable them to carry out the services. It is your responsibility to ensure that the site is necessarily cleared and prepared prior to the commencement of services.

16. MAXIMUM PERIOD OF CONTRACT

If the Hirer is an individual or partnership (including an unincorporated body of persons) and not a Limited Company, then the Contract will terminate not later than 3 months from the commencing date, in which circumstances the Hirer shall ensure that the plant is returned to the Owners not later than the evening of the last day of the said 3 months.

17. PROTECTION OF OWNERS RIGHTS

  • The Hirer shall not re-hire, sell, mortgage, pledge, part with possession of or otherwise deal with the Plant except as specifically provided for in this Contract and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all loses, damage, costs, charges and expenses that may be occasioned by any failure to observe and perform this condition.
  • If the Hirer shall make default in punctual payment of all sums due to the Owner for hire of Plant 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 or shall do or shall cause to be done or permit or suffer any act of thing whereby the Owners rights in the Plant may be prejudiced or put into jeopardy this Agreement shall forthwith be terminated (without any notice or other act on part of the Owner and notwithstanding that the Owner may have waived some previous default or matter of the same or a like nature) and it shall thereupon be lawful for the Owner to retake possession of the said Plant and for that purpose to enter into or upon any premises where the same may be and the determination of the hiring under this Contract shall not affect the right of the Owner to recover from the Hirer any monies due to the Owner under the Contract of damages for breach thereof.

18. Retention of Deposit

The Owner reserves the right to retain all or part of the Hirer’s deposit against rent due or if Plant is not returned or is returned damaged or dirty.


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