CONDITIONS OF HIRE
1.0 The Contract shall come into force between the Hirer and the Supplier once the order has been placed (verbally or in writing) stating the Hirer’s requirements, and there is agreement to be bound by these conditions, the Supplier having accepted the order and, where appropriate, granted a credit facility.
The “Supplier” means Beaver 84.
The “Supplier” is the Company, firm or person from whom the equipment is to be hired and where the context so admits shall include the Hirers servants, agents, successors, the suppliers successors, assigns or personal representatives.
“List prices” means those prices appearing in the suppliers current price list.
The “Hirer” is the Company, firm, person, corporation or public authority taking the Suppliers equipment on hire and includes the Hirers servants or agents, and any sub contractors servants or agents and the Hirer’s successors or personal representatives.
3.0 TERMS OF PAYMENT
All accounts are strictly nett and include VAT where appropriate, and where the Hirer has an approved account, confirmation of which has been given in writing by the Supplier, payment will be due 28 days from the date of the invoice. If any sum remains unpaid after the due date the payment of all hire charges, no matter how recent, shall become due immediately. Invoices will be presented at regular intervals during the period of hire. The Supplier reserves the right to suspend further supplies from existing or any other orders until all overdue debts have been discharged, as payment is of the essence.
An authorised Credit account will be granted at the Suppliers discretion where a level of credit approval has been granted by the Supplier and the Hirer has agreed the Suppliers Terms of Business. The continuation of credit facilities will be reviewed periodically.
Where a Hirer does not have an approved Credit Account, before the Period of Hire begins the Hirer shall pay the minimum hire charge and a deposit of a value specified from time to time to be calculated in accordance with the Suppliers list prices ruling, which will be held as security until the return in good order of the equipment hired and the payment of all sums due.
The person making the contract with the Supplier warrants that he/she has the authority of the Hirer to make this contract on the Hirers behalf and hereby agrees to indemnify the Supplier against all losses and costs that may be incurred by the Supplier if this is not so.
4.1 PROOF OF ACCEPTANCE
Upon delivery, the Hirer shall sign the Delivery Note, which shall be conclusive proof of the receipt of the equipment by the Hirer, and of the acceptance of these conditions. No variation to these conditions shall be effective whether or not specified in any order or acceptance issued by the Hirer unless agreed in writing by the Supplier.
If equipment is collected by the Hirer, the Hirer shall make a check of the equipment once loaded and sign the Delivery Note before leaving the Suppliers premises as conclusive proof of the receipt of the equipment shown on the Delivery Note.
5.1 DELIVERY CHARGES
Where the delivery or collection is organised by the Supplier, the Hirer shall pay a delivery or collection charge at the Suppliers standard transport rates applicable. Such charges may include any wasted journey or transport time reasonably incurred by the Supplier in attempting to comply with the specific or implied requirements of the Hirer. The Hirer will sign the Delivery Note as conclusive proof of the acceptance of the equipment.
5.2 DELIVERY & COLLECTION LIABILITY
Every reasonable effort will be made by the Supplier to keep to the dates given for delivery or collection, but the Supplier accepts no liability in case of failure to do so, unless an express guarantee in writing has been given by the Supplier to effect delivery by a specified time. No returns will be accepted on Saturdays or Sundays, or outside normal office hours.
All costs incurred by the Supplier in the specific preparation and gathering together of goods to meet the Hirers order, which will where appropriate include the consequential loss of hire income, shall be recoverable by the Supplier in the event of the Hirer cancelling the contract. If the Hirer requires delivery of the equipment to be postponed to a later date than that originally agreed upon then the Supplier reserves the right to charge for the hire as from the original contract date.
5.3 HIRERS RESPONSIBILITY FOR ACCEPTANCE OF EQUIPMENT
If the Hirer or the representative thereof is not present when the equipment is delivered the Supplier will despatch a Hire Delivery Note to the Hirer. Unless any alleged discrepancy is reported to the Supplier by letter received by the Supplier within two working days of delivery the Hire Delivery Note shall be conclusive proof of the delivery of the equipment set out therein.
5.4 RETURN & COLLECTION OF EQUIPMENT
The Hirer undertakes at the termination of the hire period to return the equipment to the suppliers depot from which it was originally hired in a clean and sound condition.
The Hirer must give at least 48 hours notice in writing of his intention to end the hire period, and obtain an off-hire reference from the Supplier. Hire charges will cease from that agreed date provided that the equipment is returned within the period of notice. For this purpose Saturdays, Sundays, and all Bank and Public Holidays are not working days. Counting procedures for off-hired equipment will always take place after return to the Suppliers yard.
If the Supplier agrees to collect the equipment upon termination from a location specified by the Hirer, at an agreed carriage charge, counting procedures for off-hired equipment collected will take place only after return to the Suppliers yard. If the Supplier is unable for whatsoever reason to collect any off-hired equipment from the location specified by the Hirer, the Hirer shall be bound to pay the Suppliers carriage charge in any event, and the equipment will continue to attract hire charges until subsequently recovered by the Supplier. The Hirer shall, at the request of the Supplier, inform the Supplier in writing within one working day of the receipt of such request, of the location of all equipment currently on hire. The Hirer shall permit the Supplier and any person authorised thereby at all times to enter the premises in which the equipment is situated to inspect and examine the equipment. The Supplier may at its discretion render a charge for the value of the equipment should there be any reason to doubt the continuing possession and control of the equipment by the Hirer.
5.5 LOADING & OFF-LOADING
All Off-Loading of Hired equipment upon delivery by the Supplier is the Hirer’s responsibility: similarly, if an arrangement has been made by the Hirer with the Supplier to collect hired materials from the Hirer’s specified location at the termination of hire, it is the Hirer’s responsibility to load the hired equipment onto the Supplier’s vehicle.
The Hirer shall at all times ensure that sufficient labour and appropriate machinery are made available to complete Off-Loading and Loading procedures to the Hirer’s and Supplier’s mutual satisfaction.
6.0 NON-RETURNED EQUIPMENT ETC.
(1) The Hirer accepts full responsibility for the care, safekeeping and return in good order of the equipment, and shall at all times keep it in his possession and control until such time as the Supplier takes the equipment back into the Suppliers own possession.
(2) The Hirer will pay to the Supplier all costs incurred by the Supplier in rectifying the condition of any equipment returned damaged or unclean. Additionally the Hirer will pay to the Supplier a charge equating to the financial losses reasonably incurred by the Supplier while suchrectification is carried out.
(3) The Hirer shall notify the Supplier immediately upon the loss of any of the equipment, howsoever arising, and shall be liable to pay the Hire charges in respect of the lost equipment up to and including the date on which notification of loss is received by the Supplier. (4) In the case of equipment lost through theft the Hirer shall also report the loss as soon as reasonably practicable to the police and as soon as reasonably practicable thereafter obtain and advise the Supplier of the crime report number.
(5) The Supplier reserves the right to continue to levy hire charges until any and all sums due under paragraphs (1) to (4) above have been recovered from the Hirer.
6.1 INSURANCE AND RESPONSIBILITY FOR LOSTISTOLEN EQUIPMENT
The Hirer agrees to pay the Supplier the full new list sale rate for any equipment which is lost or stolen or damaged beyond economic repair, and without any deduction for usage, wear and tear or age, and should insure the goods on this basis.
All monies received by the Hirer from an Insurance Company or from any other source in settlement of any claim relating to the loss, theft or damage of equipment, shall, to the extent that any payment is due to the Supplier under this condition be held in trust by the Hirer (or successor/assigned body) and paid to the Supplier on demand.
In the event of loss or damage to the equipment the Suppliers account shall be payable in full on demand and such payment shall not be conditional on prior recovery by the Hirer of any sums under a policy of insurance or from any other source. Notwithstanding this condition, to the extent that any payment remains due to the Supplier under it all monies to the amount of that payment received by the Hirer from a policy of Insurance or any other source in settlement of a claim relating to the loss, theft or damage of equipment shall be held by the Hirer on trust for the Supplier and paid to the Supplier on demand.
6.2 RECOVERY OF EQUIPMENT
The Hirer will take all practical steps to secure a proper return of lost or stolen equipment. In the event of lost or stolen equipment being subsequently recovered and returned by the Hirer to the Supplier the Hirer will be credited with the value of that equipment less the appropriate hire charges from the date on which the Supplier received notification of loss to the date of return.
7.0 MAINTENANCE OF EQUIPMENT
The Hirer will keep acquainted with the state and condition of the equipment and ensure it remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of equipment must be immediately notified in writing to the Supplier.
All equipment will be inspected on its return to the Suppliers premises. Any such equipment in the opinion of the Supplier deemed to be damaged or unusable will be charged for at the Suppliers rates, as specified from time to time. Before levying such charges the Supplier will serve 7 days notice upon the Hirer and during that period will afford the Hirer the opportunity at any reasonable time to inspect the damage for which the charge is made.
The Supplier will provide the Hirer with appropriate instructional material where reasonably practicable and the Hirer will ensure that this is passed on to the operatives using the equipment, whom the Hirer shall in any event ensure are competent in the erection and/or use of the equipment by reason of such operatives having received adequate training therein.
9.0 PERIOD OF HIRE
The date of collection or delivery will be the effective date of the commencement of hire charges.
The equipment hired will be subject to a minimum hire period, as specified in the Suppliers price list from time to time.
Hire charges are calculated weekly, fractions of a week being charged on a daily basis, the charge for one day being 1/5th of the weekly charge, except for each item where there is a specified minimum hire period. The date of despatch and the date of delivery shall be whole days.
No allowance will be made for holiday periods or inclement weather or for any reason whatsoever beyond the Suppliers control including strikes, lock-outs, cessation of labour, transport delays, Government interference or control or any other cause or contingency. The Supplier may at its sole discretion and subject to availability and at the request of the Hirer, add, subtract or substitute to the equipment let on hire without creating a modifying agreement within the meaning of the Consumer Credit Act 1974.
10.0 VARIATION TO PRICES
The quotation is open for acceptance for 28 days. The Supplier reserves the right to increase prices thereafter. The quotation may be renegotiated should the original quantities or requirements change. After acceptance the Supplier may increase any price including that of equipment already on hire on 28 days notice in writing to the Hirer.
11.0 OUTSTANDING ACCOUNTS AND PAYMENT
The Supplier reserves the right to charge compound interest at the rate of one and a half percent per month (on a daily basis) on all sums outstanding after the date for due payment. This entitlement to interest shall be without prejudice to the Suppliers right to terminate the hire by reason of non-payment. Interest shall continue to accrue after such termination until payment of all overdue amounts has been received.
All prices quoted will be deemed to be the Suppliers list prices unless agreed by the Supplier in writing. Any prices agreed which differ from the Suppliers list price will only remain applicable on the condition that the Suppliers normal payment terms will be complied with. In the event that those payment terms are not complied with, full charges may be substituted thereafter.
Should a dispute arise in respect of any specific item described by any specific invoice, the customer shall not be entitled during the course of this dispute to withhold any sums for payment beyond those specifically relating to the disputed item (s). A counter-claim against the Supplier will only be accepted for deduction from any payment made to the Supplier where the Supplier has agreed to such a deduction in writing. Counter-claims will only be considered for acceptance between the parties to this contract. No amount which might be due for payment to an associate company or to the parent company of the Hirer will be deemed to be acceptable as a counter-claim in this context.
If the Hirer commits any breach of this, or any other contract with the Supplier, or ceases business, or stops payment to or makes deed of arrangement, assignment or composition with its creditors or being a company enters into liquidation whether compulsory or voluntary (except liquidation for purposes of reconstruction or amalgamation) or suffers or allows the appointment of a receiver or provisional liquidator, or suffers any distress or execution whether legal or equitable or any attempt thereat upon any of the Hirers property, or has an unsatisfied judgement against it for 14 days or more, or commits any act of bankruptcy, or has an order or notice of resolution for winding up proposed or made against it, or dishonours any cheque drawn upon it, then the Hirer shall be deemed to have repudiated this contract. The Supplier may then immediately repossess the equipment and recover any monies due as well as damages for repudiation without prejudice to any other rights and remedies.
13.0 OWNERS RIGHTS
Where the Hirer takes the equipment on hire intending to re-hire the equipment to a third party, the Hirer is deemed to retain control of the equipment whether or not it might remain in the Hirers possession. The Hirer shall be solely responsible for the payment of all hire charges raised by the Supplier and for all charges raised by the Supplier in respect of damage to or loss of the equipment. It is the sole responsibility of the Hirer to return the equipment to the Supplier. The Supplier will not deal directly with any third party in this context.
14.0 HIRERS INDEMNITY
The Hirer shall indemnify the Supplier against any loss, damage, claims or proceedings, and against any costs or expense arising out of or in connection therewith, in respect of any injury to or death of any person or damage to any property real or personal caused by or arising out of or in the course of the use or misuse of the equipment by any person (other than that caused by the Supplier) or arising out of this contract. The Hirer shall effect and keep in force at all times Policies of Insurance in respect of the Hirers liabilities under this condition.
The equipment, notwithstanding its loss or theft and any payment from the Hirer to the Supplier in respect thereof, will at all times remain the property of the Supplier.
The value of any equipment thereafter returned to the Supplier by the Hirer will be credited to the Hirer and all hire charges in respect of this equipment will be re-instituted up to and including the date the equipment is returned to the Supplier.
16.0 IDENTIFICATION OF EQUIPMENT
All components are to be returned in the exact dimensions supplied. Only equipment provided by the Supplier and identified by the Supplier as such will be accepted at the end of the hire period.
17.0 VALUE ADDED TAX (VAT)
Unless specifically stated otherwise, prices and rates shown in quotations, contracts, invoices, certificates and correspondence are nett exclusive of VAT, which will be payable to the Supplier as an addition to the rates chargeable at the rate or rates laid down from time to time by Law. The Supplier shall be entitled to adjust the rates and amount of VAT retrospectively or otherwise comply with any rulings made by H M Customs and Excise affecting any goods sold, hired or provided by the Supplier.
This contract will be subject to the laws of the country in which it is made. Payment will be in pounds sterling.
CONDITIONS OF SALE
In these conditions, the following definitions apply:
“The Seller’ means Beaver 84.
‘The Customer’ means the person, firm or Company to whom the goods are sold. ‘The Goods’ means the goods sold by the Seller to the Customer.
‘The Carrier’ means the person, firm or Company by whom the goods are delivered to the Customer and includes the Seller where the Seller delivers.
In the absence of any specific agreement pertaining thereto, the Seller reserves the right to deliver the goods in one or more consignments, as may be appropriate or convenient. Each consignment shall be paid for separately in accordance with the terms quoted (including these conditions) and if such payment is not made the Seller (without prejudice to his other rights or remedies) may withhold further deliveries.
The Seller reserves the right to deliver goods which do not conform to the Contract description, provided that such goods conform as closely as possible therewith. Failure to deliver the Goods in due time shall not entitle the Customer-
( a ) To refuse delivery thereafter tendered or ( b ) To treat the Contract as repudiated or
( c ) To claim damages or consequential damages in respect of any such failure.
The Customer shall receive and unload the goods and shall check the same for quantity and damage in the presence of the Carrier. If there is shortage or damage the Customer must so endorse the Carrier’s Delivery Document and must give separate written notice thereof to the Carrier and (where the Carrier is not the Seller) to the Seller within 48 hours of delivery. If this Condition is not observed no claim in respect of shortage of or damage to the Goods will be entertained and the Seller’s liability therefor is limited accordingly.
The Price stated is that specified by the Seller at the date of Quotation: the Seller will do his best to adhere to that price but reserves the right to Invoice the Customer in accordance with the Price ruling at the date of despatch without prior notice.
All accounts are strictly Nett and where the Customer has an approved account confirmation of which has been given in writing by the Seller payment will be due 28 days from the date of the invoice. Where the Customer has no approved Account then in the absence of any agreement to the contrary made at the time of Acceptance of the Quotation payment will be made on or before delivery.
During such time as the provisions of Clause 7 (title): hereof apply the Customer shall be deemed to hold any monies received by him as a result of the subsequent Hire of Goods upon trust for the Seller and the Customer shall pay all such monies forthwith to the Seller.
The Seller reserves the right to charge interest at the rate of 1 ½% (one-and-one-half percent) compound interest per Month on any monies outstanding hereunder after expiration of the 28 days.
5.0 CONDITIONS AND USE OF GOODS
All Goods shall be deemed to be delivered or collected by the Customer in good condition. It shall be the responsibility of the Customer to ensure that the Goods are suitable for the purpose for which they are required. The Seller shall not in any circumstances be liable for any loss or damages whatsoever arising out of or in connection with the purchase of unsuitable Goods by the Customer or the wrongful use of any of the Goods by the Customer and the Customer shall indemnify the Seller against any claim of whatever nature made by a third party against the Seller arising out of the wrongful use of any of the Goods by the Customer.
The Customer acknowledges that adequate information about the use and safety of the Equipment is available and shall indemnify the Seller against all claims, costs, charges, expenses and damages of whatever character which may arise in connection with the Goods or their use, however such claims, costs, charges, expenses or damages may arise and by whomsoever the same may be made, incurred or suffered.
Without prejudice to the foregoing, any information or advice provided by the Seller as to the Safety or risk to health of any particular material or of any process or installation in relation thereto is provided to the best of the Seller’s information, knowledge and belief, but on the basis that the Seller accepts no responsibility in respect thereof. The Customer is under an obligation to pass on any such information or advice to any person involved with such material, process or installation. Owing to frequent alterations in design and improvements any illustrations or specifications submitted by the Seller cannot at all times be taken as exact in detail. It is the Customer’s responsibility to check that the layout of the plant is safe and practicable for the job in hand.
Without prejudice to the foregoing the Seller shall not be liable for any consequential loss or damage (including loss of profit) howsoever arising.
Taking delivery of the Goods or part thereof shall imply acceptance by the Customer of these Conditions if he has not otherwise accepted the same.
These Conditions have effect in substitution for and to the exclusion of any conditions put forward by the Customer and no variation of them is valid unless in writing and authenticated by a duly authorised officer of the Seller.
The legal and equitable title to the property in the goods shall remain vested in the Seller unless and until the Customer pays all monies that are due or owing to the Seller including those arising under this Agreement and the legal and equitable title to and property in the Goods will be automatically transferred to the Customer immediately on payment of all such monies.
Until receipt of such payment as specified above the Customer shall, if the Seller so requests in writing, store and maintain the goods in such manner as may be required so that the goods are clearly recognisable as being the property of the Seller.
Until such time as all monies that are due or owing to the Seller have been discharged in full the Customer shall retain the Goods or any of the products as trustee of and bailee for the Goods for the Seller and the Customer shall stand in a fiduciary capacity towards the Seller.
Until such time as all monies that are due or owing to the Seller have been discharged in full, the Customer shall if required provide permission for the Seller and or his authorised agents to enter the premises of the customer or such other premises where the Seller’s goods are held to enable the Seller to inspect, view, remove and recover the goods.
During such time as the above provisions apply the Customer may sell the Goods or the products to a third party in the normal course of carrying on the Customer’s business and deliver them to any third party on condition that the Customer shall assign and transfer to the Seller any debt or claim which the Customer may have against such third party as a result of such delivery and the Customer undertakes to do such act or thing as may be necessary to give effect to the provisions of this clause.
If the Customer shall be or remain in default in respect of any payment which is due to the Seller hereunder within the time limit specified, the Seller shall be relieved from his obligation to supply any Goods or services to the Customer whether arising under this Agreement or any other contract but without prejudice to any rights of the Seller whether arising under this Agreement or any other contract and in particular without prejudice to the rights of ownership of the Seller hereof. The Goods may be delivered to the Customer at the Customer’s address or other premises nominated by the Customer but strictly upon condition that from the time of arrival at the Customer’s works the risk of any loss or damage whatsoever arising out of or attaching to the Goods shall pass to the Customer.
The Contract of Sale is governed by either the law of England and Wales or the law of Scotland and the particular jurisdiction in relation to each contract shall be specifically determined by reference to the situation of the office of the Seller in connection with that Contract.