Background
These Terms and Conditions shall apply to the hire of all tool and equipment and plant (“the Equipment”) from J.P Ground Maintenance, trading as Shropshire Tool Hire, a sole trader whose trading address is School Farm, Lower Heath, Prees, Whitchurch, SY13 2BQ (“the Company”) where the Customer is hiring the Equipment.
1. Hire Term
1.1 The agreed Hire term will be set out in the Hire Agreement.
1.2 If the Customer wishes to extend the Hire term they may do so at any time prior to the end of the Hire term by contacting the Company to arrange an extension subject to availability.
1.3 The Company reserves the right to recall the Equipment immediately at any time. In the event of this, the Customer will be reimbursed for all days remaining in the Hire term. If the Equipment is not returned to the Company on request the Customer shall be deemed to have authorised the Company to enter its premises and the customer charged for any costs associated with such recovery.
2. Fees and Payment
2.1 The Hire Fees will be determined by reference to the length of the Hire term, the type and quantity of Equipment, and any additional items which may be included in the Hire, as set out in the Hire Agreement.
2.2 Payment of the Hire Fees shall be made in part or in full, as set out in the Hire Agreement, at the commencement of the Hire term.
2.3 All payments shall be required within 7 days of the date of the relevant invoice.
2.4 Hired Personnel provided in accordance with Clause 5 shall attract Personnel Fees which shall be calculated on an hourly basis at the rate(s) set out in the Hire Agreement.
3.Collection, Delivery, Hire and Return
3.1 The Customer may collect certain items of Equipment from the
Premises at the start of the Hire term. The Customer may only collect the Equipment subject to any insurance requirements set out in Clause 7 having been complied with.
3.2 The Company shall use all reasonable endeavours to ensure that the Equipment is ready for collection at the start of the Hire term but shall not be liable for any lack of availability.
3.3 Certain items of Equipment may require delivery by the Company, with or without associated Hired Personnel as appropriate. Such delivery shall be made to the Customer Location at an agreed time. The Company shall use all reasonable endeavours to ensure that delivery is made on time but shall not be liable for any failure to do so.
3.4 The Customer must be available at the Customer Location at the time of delivery in order to sign for the Equipment. At this point the Customer assumes responsibility and will not have the right to subsequently dispute the facts of the delivery.
3.5 In the event that the Company is unable to provide the Equipment at the start of the Hire Term the Company shall deliver the Equipment to the Customer at the earliest possible date or the Company will contact the Customer when the Equipment is available for collection, as appropriate.
3.6 The Company is required by law to provide consumers with goods that are of satisfactory quality, fit for purpose, and in accordance with descriptions, samples, models and other pre-contract information provided by the Company. If the Customer discovers any damage (pre-existing) or fault with the Equipment during the Hire term, the Customer should inform the Company as soon as is reasonably possible. The Company will use all reasonable endeavours to provide a suitable replacement or, if a repair is possible without causing the Customer any inconvenience, the Company will repair the Equipment (or have it repaired).
3.7 At the end of the Hire term, on the agreed date the Customer shall either return the Equipment to the Premises at or before the time shown in the Hire Agreement or shall ensure that the Equipment is ready for collection at the Customer Location at the time shown in the Hire Agreement, as appropriate.
3.8 The Company shall charge the Customer for an additional day’s hire at the normal daily rate for Equipment returned after 10.00am. The Hire term will be extended by one day. The provisions of this sub-clause shall continue to apply daily until the Equipment is returned.
4.Hired Personnel
4.1 Certain items of Equipment may require specialist training for use and/or maintenance. The Company shall supply appropriately trained employees to the Customer where such Equipment is hired unless the Customer either possesses the relevant qualifications or has available to provide such services someone who is suitably trained for the purpose.
4.2 The Company shall have complete discretion with regard to permitting the Customer to hire the Equipment without the relevant Hired Personnel and may require evidence of all requisite training and qualifications prior to releasing such Equipment.
5. Use and Care of the Equipment
5.1 The Customer may only use the Equipment for the normal purpose for which it is intended.
5.2 All Equipment must be used in accordance with any and all operation and safety instructions or similar documentation provided.
5.3 The Customer may not make any alterations or adjustments to the Equipment beyond those that are already possible within the range of adjustments specific to a given item.
5.4 The Customer may only affix or connect other items to the Equipment where such affixation does not exceed the design limitations of the
Equipment and is not likely to damage it in any way.
5.5 The Customer shall at all times treat the Equipment with a reasonable level of care and shall ensure that it is kept clean, subject always to reasonable levels of wear and tear.
5.6 All Equipment which uses accessories or consumables of whatever nature must only be used with official accessories or consumables (that is, those produced or recommended by the manufacturer of that particular piece of Equipment) or such other products as authorised by the Company.
5.7 All Equipment which requires fuel or oil must only be used with the types specified by the manufacturer of that particular piece of Equipment or such other type as authorised by the Company.
5.8 All electrical equipment must only be used with the voltage specific to that piece of Equipment.
5.9 All Equipment must be stored in a safe and secure location and shall, where appropriate, be locked and secured at all times when not in use.
6 .Maintenance
6.1 The Company shall maintain the Equipment to the standards specified by the relevant manufacturers. Only official parts (that is, those produced or recommended by the manufacturer of that particular piece of Equipment) shall be used for maintenance and repair work. All Equipment will be fully inspected, cleaned and (where necessary) maintained prior to each Hire.
6.2 The Customer shall not attempt to make any repairs to the Equipment without the prior written consent of the Company. When the Company is contacted in this regard it shall have the option of replacing the Equipment, repairing the Equipment itself, either by recalling the Equipment to its Premises or dispatching Hired Personnel to the Customer Location (such Hired Personnel to be charged for accordingly), or granting the Customer permission to make the necessary repairs. The cost of such replacement or repairs shall be borne by either the Company or the Customer, the responsibility being determined by the reasons for the replacement or repairs.
6.3 If parts require replacement during the Hire term the Company shall have the option of supplying such parts to the Customer or supplying replacement Equipment or a suitable substitute (that is, Equipment capable of performing the same tasks as that which it replaces).
6.4 Any parts and / or substitutes provided under sub-Clause 6.3 shall be replaced free of charge by the Company provided that such replacement is necessitated by nothing more than normal wear and tear. Additional damage may result in the Customer being charged for the cost of replacement parts, associated labour, and / or the cost of providing substitute Equipment.
7.Insurance
7.1 The Company provides no insurance cover for the Equipment. The Customer shall therefore be required to arrange appropriate insurance cover for the duration of the Hire term. Such insurance must cover third party liability, loss and damage.
7.2 If any event occurs for which an insurance claim may be made either by the Customer or a third party, the Customer shall immediately inform the Company and shall not admit any liability without the prior consent of the Company. Such notification and consent shall be made using the most immediate means possible (usually telephone contact) and subsequently verified in writing.
8. Loss, Theft or Damage of Equipment
8.1 If the Equipment is lost, damaged, destroyed or stolen whilst in your care, you will be liable for the full cost of repairing or replacing the Equipment.
8.2 Any Equipment damaged by the hirer shall be liable for continued hire charges until the item is fully repaired or replaced by a new item. The hirer is responsible for ensuring that the equipment is returned in good working condition, and any delays caused by repair or replacement will incur ongoing rental fees.
8.3 If any of the Equipment is stolen the Customer must firstly inform the police of the incident, providing all details requested. The Customer must then inform the Company, providing all details of the incident including information provided by the police including, where relevant, the crime reference number. The Customer shall reimburse the Company for any theft of equipment either funded by the customers insurance or from its own means.
9. Liability and Indemnity
9.1 The Company will not be liable for any personal injury or damage to property which results from the improper use of the Equipment.
9.2 The Company shall be responsible for any foreseeable loss or damage that the Customer may suffer only as a result of the Company’s breach of these Terms and Conditions or as a result of the Company’s negligence (including that of its employees, agents or sub-contractors). Loss or damage is foreseeable only if it is an obvious consequence of the Company’s breach or negligence or if it is contemplated by the Customer and the Company when the Hire Agreement is formed. The Company will not be responsible for any loss or damage that is not foreseeable.
9.3 The Company’s total liability under these Terms and Conditions shall be limited to the value of the contract between the Company and the Customer, that is, the total Hire Fees payable by the Customer.
9.4 Nothing in these Terms and Conditions seeks to exclude or limit the Company’s liability for death or personal injury caused by its negligence (including that of its employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
9.5 Nothing in these Terms and Conditions seeks to exclude or limit the Company’s liability with respect to the Customer’s rights as a consumer. For more information on the Customer’s legal rights and remedies as a consumer, it is recommended that the Customer contacts their local Citizens Advice Bureau or Trading Standards Office.
10. How We use your personal information (Data Protection)
All personal information that the Company may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”). Please refer to the Company’s Privacy Notice available from www.shropshiretoolhire.co.uk/privacy
11.Termination
11.1 The Company shall be entitled to terminate the Hire Agreement in the event that: the Customer is in breach of these Terms and Conditions; the Customer has had their personal belongings confiscated in order to satisfy debts; or the Customer has a receiving order made against them.
11.2 In the event of termination for any of the above reasons: all payments required under the Hire Agreement shall become due and immediately payable; and the Company shall have the immediate right to request the immediate return of the Equipment or repossess the Equipment and may charge the Customer for any reasonable costs involved in such repossession.
12. Events Outside of the Company’s Control (Force Majeure)
The Company shall not be liable for any failure or delay in performing its obligations where that failure or delay results from any cause that is
beyond its reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or
preparations for war), epidemic or other natural disaster, or any other event that is beyond the Company’s reasonable control.
13. Complaints and Feedback
If the Customer wishes to complain about any aspect of its dealings with the Company, please contact the Company in writing, addressed to Jack Peate, School Farm, Lower Heath, Prees, Whitchurch, SY13 2BQ, by email Shropshiretoolhire@outlook.com or via Telephone on 01948 519590.
14. Governing Law and Jurisdiction
These Terms and Conditions, the Hire Agreement and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.