CONDITIONS OF HIRE
1. Agreement between DH (UK) Limited (Herein called the Owner) and the Customer as stated overleaf (Herein called the Hirer). The Owner has agreed to Hire to the Hirer the Equipment and Goods (Herein called the Equipment) listed in the Delivery Ticket overleaf on these Conditions.
2. The Hirer will sign on delivery having checked that the Equipment listed in the Delivery Ticket overleaf has been received.
3. The Hirer accepts all of our Conditions. Unless otherwise agreed in writing the Ownerʼs Conditions herein set out shall be deemed incorporated in any Order placed by the Hirer and any acceptance of a Hirerʼs Order by the Owner shall be deemed subject to the acceptance by the Hirer of these Conditions. In the event of any conflict arising between these Conditions and any Conditions which the Hirer might additionally seek to impose in relation to this Order then the Ownerʼs Conditions shall prevail.
Obligation of the Hirer
4. When Equipment is delivered the Hirer or his Representative shall sign the Hire Delivery Ticket presented by the Ownerʼs Representative and this shall be conclusive proof of the delivery in good condition of the Equipment listed on the ticket. In the absence of the Hirer or his Representative the Hire Delivery Ticket shall be forwarded to and deemed to be accepted by the Hirer. When Equipment is returned to the Owner by the Hirerʼs Transport the Equipment returned will be checked in the Ownerʼs Premises and a Hire Return Ticket issued to the Hirer or his Representative, which shall be conclusive proof of the return of the Equipment listed thereon but not of its condition checked on arrival in the Ownerʼs Premises and the Hire Return Ticket forwarded to and deemed to be accepted by the Hirer but this shall be conclusive only as to the quantity of the Equipment and not as to its condition.
5. The Hirer shall be responsible for receiving and unloading the Equipment and will check the consignment in the presence of the Carrier and in the event of shortage and/or damage the Carrierʼs Ticket must be endorsed accordingly. Separate written notification must be given to the Carrier as well as the Owner within three days of delivery. Claims cannot be recognised unless this action has been taken and the Ownerʼs liability in this respect is limited accordingly. Our Driver is authorised to sign "unchecked and unexamined" only. No receipt for the return of the Equipment hired will be recognised other than our Official Hire Return Ticket.
6. The Hirer shall be responsible for all loading of Equipment when being collected by the Owner or his Agent. Equipment will not be received by the Owner after 3 p.m. Fridays or after 4 p.m. on other week days. No returns will be accepted on Saturday and Sunday.
7. The Hirer shall fully and completely indemnify the Owner in respect of all claims by any person whatsoever for injury to persons and/or damage to property caused by or in connection with or arising out of the use of the Equipment and in respect of all costs and charges in connection herewith whether arising under Statute or Common Law.
8. The Hirer will keep and maintain accurate and detailed records showing details of the location(s) at which the Equipment is held and an inventory of the Equipment being stored and used at each of these locations, together with any other information which is reasonably necessary for the purposes of identifying the Equipment.
9. Terms of Payment. Approved accounts are strictly nett, due for settlement at the end of the month following month of invoice. Where there is no approved account two satisfactory trade references are required. If delivery is required before receipt of these references a deposit is to be paid. Such a deposit will be held as security against the return of the goods hired and unless DH (UK) Limited so agree no part of the deposit will be available to satisfy the Hire Charges which must be paid monthly. At the termination of the Hire the deposit will be refunded by DH (UK) Limited. Persons hiring
Equipment are requested to obtain a printed receipt for the amount deposited as no deposit will be refunded or mistakes afterwards rectified except upon the production of such receipts. DH (UK) Limited reserve to themselves the right of applying the deposits on hand on any Equipment towards or in payment of any unliquidated balance that may be due to them on any account from the same Hirer.
10. Where the delivery or collection of Equipment is effected by the Owner the Hirer will pay a delivery or collection charge at the Ownerʼs standard transport rates applicable at the date of delivery or collection as the case may be. Such charges shall include any wasted journey or transport time incurred by the Owner in attempting reasonably to comply with the express or implied requirements of the Hirer and wasted without fault on the part of the Owner.
11. The Hirer is liable for all loss of or damage to the Equipment hired however caused.
12. The Hirer shall effect and keep in force during all material times Policies of Insurance which the Owners may from time to time inspect with such insurance company or other insurers to insure against any liability of the Owner or any liability of the Hirer for which the Owner may be liable under any statute in force for the time being in respect of injuries to person and at Common Law in respect of injuries to persons or property arising out of and in the course of the execution of the main and any subcontract works or the use, erection or dismantling of the Equipment or arising out of any in the course of employment of any workman employed by the Owner or Hirer or caused thereby or due thereto.
13. The Hirer shall for the benefit of himself and the Owner at all material times insure to the full value thereof, together with the cost of any professional fees or services, the Equipment and the cost of erecting or dismantling the same and keep them insured against loss or damage by fire, explosion, storm, tempest, flood, bursting or overflowing of water tanks, apparatus or pipes (whether the same be caused by the default or negligence of the Owner or those for whom he is responsible or otherwise), lightning, earthquake, aircraft or anything dropped there from aerial object, riot and civil commotion all of which are to be at the sole risk of the Hirer.
Obligation of the Owner
14. The Owner accepts no liability for any drawing, design or specification. Submission of such does not constitute any warranty, guarantee, representation or opinion of the practicability of construction or the efficiency, safety or otherwise of Equipment to be supplied by the Owner in accordance therewith and the Owner is not liable for the cost of any additional work caused by defects in any drawings, design or specification. In no case shall the Owner be liable for any consequential loss or damage caused directly or indirectly by any defect in the Equipment hired under this Agreement or otherwise howsoever provided that the Owner is liable in any case in which he is unable to contract out of liability whether under the Consumer Credit Act 1974 or the Supply of Goods (Implied Terms) Act 1973 or any amendment thereof or contained in any other present or future statute or statutory instrument.
15. The Owner is not liable for failure to deliver on any agreed date or within a specified time from receipt of any order or the signing of this Agreement subject to a like proviso to that contained in Clause 16.
16. It is further agreed without prejudice to Condition 18 and 19 the hiring shall be deemed to continue until the Equipment is received by the Owner. The day of hiring and the day of return will both be charged as whole days. No allowance will be made for holiday periods or inclement weather or for any other reason whatsoever beyond the Ownerʼs control including strikes, lockout, cessation of labour, transport delays, Government interference or control or any other cause or contingency where Equipment is so tied in with other Equipment or works or materials that it cannot be removed without causing damage to such works or materials the Hirer shall continue to pay that proportion of the hire charge as relates to such Equipment until the same is returned to the Owner.
17. Instructions to the Owner to collect the Equipment must be given in writing and must be received by the Owner at least twenty-four hours before collection is required. Such written notice will be the only recognised proof of collection instructions to the Owner.
18. Where Equipment is not returned to the Owner or where the Owner received notice that the Equipment has been lost or where after reasonable notice from the Owner the Hirer shall be unable to produce any Equipment such Equipment shall be treated as "Lost Equipment". The Hirer shall pay for such Lost Equipment as liquidated damages a sum equal to the standard sale price at the date of such notice or the date when the hire hereunder is ended on the return of all other Equipment to the Owner. Any such notice must be in writing.
19. All Equipment let out on hire remains at all times the property of the Owner notwithstanding that it may have been treated as Lost Equipment under Condition 18 hereof. Where Lost Equipment is returned to the Owner or recovered and taken back into use by the Hirer the Hirer shall be entitled to a credit equal to the sum debited in respect thereof under Condition 18 hereof and the Owner shall be entitled to debit the Hirer with hire charges in respect thereof as if such Equipment had never been Lost Equipment but had throughout been in the possession and use of the Hirer. TITLE 20. The Equipment, not withstanding its loss or theft and any payment from the Hirer to the Owner in respect thereof, will at all times remain the property of the Owner. The value of any Equipment thereafter returned to the Owner by the Hirer will be credited to the Hirer and all hire charges in respect of this Equipment will be re-instituted up to the time the Equipment is returned to the Owner. Should the Owner sell for what ever reason their hire stock that has been marked with their identification paint, it is the Hirerʼs responsibility to remove all traces of the said paint and the sale is
conditional upon the removal of such paint. Title to any sold Equipment does not pass to the Hirer until all traces of the paint have been removed and title to any Equipment bearing the paint remains with the Owner whether or not the items have been paid for.
21. Hire rates include for fair wear and tear only and when Equipment is returned in a condition other than when received by the Hirer a reasonable charge for cleaning, reconditioning, renewing or replacing will be made by the Owner.
22. Prices stated in the Quotation are those applicable at the date of Quotation but the Owner reserves the right, should the Ownerʼs standard hire price for any of the Equipment be revised after the date of Quotation, to invoice at the revised prices without notice in relation to any prices revised before the despatch of such Equipment but on giving not less than four weeksʼ written notice to the Hirer in relation to any price revised after the despatch of such Equipment.
23. The Hirer may not sublet or part with possession of the Equipment or any part thereof without receiving the prior written consent of the Owner.
24. The Owner retains the right of access to any site, building or location where the Ownerʼs Equipment may be, for the purpose of repossessing any of the Ownerʼs Equipment should the Hirer contravene any of these conditions subject to a like proviso as that contained in Clause 14.
25. In the event of payment being in arrears, the hiring may be determined by the Owner giving the Hirer notice in writing without prejudice to any monies which may have become due to the Owner and,
upon such determination, the Hirer shall permit the Owner to resume possession of the Ownerʼs Equipment, subject to a like proviso as that contained in Clause 14.
26. Minimum charges will be those contained in the Ownerʼs list of standard hire prices. Thereafter charges are calculated weekly, fractions of a week being calculated on a daily basis.
27. Whether or not the Hirer is in England or going to use the Equipment in England, English Law shall apply and payment will be in pounds sterling.
28. In the event of any dispute or difference between the Owner and Hirer, whether arising during the hire or after the termination thereof, whether by breach or in any other manner in regard to any matter or thing of whatever nature other than a dispute about Value Added Tax arising out of this Contract or in connection therewith, then either party shall give to the other notice in writing of such dispute or difference and the same shall be and hereby is referred to the arbitration of such person as may be appointed by agreement by the parties as Arbitrator or failing such agreement as may be appointed on the request of either part by the President for the time being of the Royal Institute of Chartered Surveyors and the Award of such Arbitrator shall be final and binding upon the parties
CONDITIONS OF SALE
1. The Seller reserves the right to deliver in one or more consignments in which event each consignment will be paid for in accordance with the terms quoted, in default of which, the Seller reserves the right to withhold further deliveries.
2. The Buyer will be responsible for receiving and unloading the Equipment and checking such Equipment in the presence of the Carrier and in the event of shortage and/or damage the Carrierʼs ticket must be endorsed accordingly. Separate written notification must be given to the Carrier as well as the Seller within seven days of delivery. Claims cannot be recognised unless this action has been taken and the Sellerʼs liability in this respect is limited accordingly.
3. The Buyer acknowledges that adequate information about the use and safety of the Equipment is available.
4. Prices stated in the quotation are valid for fourteen days; the Seller reserves the right to revise such prices thereafter.
5. Unless proved to be due to negligence on the part of the Seller or itʼs Servants or Agents the Buyer shall fully and completely indemnify the Seller in respect of all claims by any person whatsoever for injury to persons and/or damage to property caused by or in connection with or arising out of the use of the Equipment and in respect of all costs and charges in connection therewith whether arising under statute or common law.
6. The Seller accepts no responsibility for any drawings, designs or specifications and submission of such does not constitute any warranty, guarantee, representation or opinion of the practicability of construction or the efficacy, safety or otherwise of Equipment to be supplied by the Seller in accordance therewith and the Seller will not be responsible for the cost of any additional work caused by defects in such drawings, designs or specifications.
7. Terms of Payment. Approved accounts are strictly 28 days from date of invoice. Where there is no approved account two satisfactory trade references are required. Should delivery be required before receipt of references payment will be with order. The Seller reserves the right to impose or vary minimum values for credit sales.
8. The taking of the Equipment from the Seller shall operate as an acceptance by the Buyer of these Conditions to the exclusion of all other Terms and Conditions whatsoever. No variation of these Conditions shall be affective, whether or not specified in any order or acceptance issued by the Buyer, unless agreed to in writing by the Seller.
9. Until such time as Title in the Equipment passes to the Buyer, the Buyer will keep and maintain accurate and detailed records showing details of the location(s) at which the Equipment is held and an inventory of the Equipment being stored and used at each of these locations, together with any other information which is reasonably necessary for the purposes of identifying the Equipment.
10. The Property in the Equipment shall not pass from the Seller to the Buyer and the Seller reserves the right of disposal of the Equipment until all sums due from the Buyer to the Seller have been paid in full and all associated Conditions of this Contract have been met. Until the Property has so passed the Buyer shall not be entitled to deal in the Equipment and shall keep the same in a clearly separate and identifiable form and the Seller shall be entitled to recover possession of the Equipment and as licensee of the Buyer may enter any premises of the Buyer for the purpose of such recovery. If, despite such prohibition on dealing, the Buyer does deal in the Equipment, the Buyer shall be accountable in a fiduciary capacity to the Seller for anymoney realised by such dealing. Notwithstanding the foregoing the Equipment shall be at the Buyerʼs risk from the time of delivery to him or to any Carrier or Agent acting on his behalf. Should the Seller sell for whatsoever reason their Hire Stock that has been marked with their identification paint, it is the Buyerʼs responsibility to remove all traces of the said paint and the sale is conditional upon the removal of such paint. Title to any sold Equipment does not pass to the Buyer until all traces of the paint have been removed and Title to any Equipment bearing the paint remains with the Seller whether or not the items have been paid for.
11. Unless specifically stated otherwise, prices and rates shown in the Sellerʼs quotations, contracts, invoices, certificates and correspondence are exclusive of Value Added Tax. Value Added Tax will be payable to the Seller as an addition to the tax-exclusive prices and rates chargeable at the rate or rates laid down from time to time by law and the Seller shall be entitled to adjust the rates and amount of Value Added Tax retrospectively or otherwise to comply with any rulings made by HM Revenue & Customs affecting any Equipment or services sold, hired or provided by the Seller.
12. These Conditions and any dispute or claim arising out of or in connection with it or its subject matter or information
(including non contractual disputes or claims), shall be governed by and construed in accordance with English Law, and the parties irrevocably submit to the exclusive jurisdiction of the Court of England and Wales.