These Terms and Conditions shall apply:
A. To the hire of all plant (“the Equipment”) from AH Equipment Ltd registered in England under number 15919898 ,whose registered address is 15 Rydal Crescent, Penrith, Cumbria, CA118PJ and whose main trading address is White Cottage, Warcop, Appleby in Westmorland, Cumbria, CA166PF. (“the Company”)
B. where the Customer is hiring the Equipment for the purposes of a Business and not as a “Consumer”, as each of those expressions is defined in Clause 1 of these Terms and Conditions.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business” means any business, trade, craft, or profession carried on by the Customer or any other person/organisation;
“Consumer” means a “Consumer” as defined by the Consumer Rights Act 2015, that is to say an individual customer who hires the Equipment for his/her personal use and for purposes wholly or mainly outside the purposes of any Business;
“Customer” means the customer, not being a Consumer, who is hiring the Equipment subject to these Terms and Conditions (as that meaning is extended by sub-Clauses 1.2.7 and 1.3 below) for the purposes of a Business;
“Customer Location” means the location agreed at the start of the Hire Term for the delivery and subsequent collection of any Equipment to and from the Customer by the Company in accordance with Clause 6 of these Terms and Conditions;
“Deposit” means the sum payable by the Customer under Clause 4 of these Terms and Conditions in addition to the Hire Fees and as a refundable deposit, the amount of the Deposit being set out in the Hire Agreement;
“Equipment” means the plant supplied on hire by the Company to the Customer subject to these Terms and Conditions;
“Force Majeure” means any cause that is beyond the reasonable control of the Party in question including, but not limited to: power failure; internet service provider failure; strikes, lock-outs or other industrial action suffered by the Party or its suppliers or contractors; civil unrest; fire; explosion; flood; storms; earthquakes; subsidence; acts of terrorism (threatened or actual); acts of war; governmental action; pandemic, epidemic or other natural disaster or any other similar or dissimilar circumstances beyond its reasonable control;
“Hire” means the hire of the Equipment by the Customer subject to these Terms and Conditions;
“Hire Agreement” means the agreement in writing comprising the hire agreement attached to this document entered into by the Customer and the Company incorporating these Terms and Conditions which shall govern the Hire of the Equipment;
“Hire Fees” means the VAT inclusive sum payable by the Customer for the Hire as determined under Clause 5 of these Terms and Conditions;
“Hire Term” means the period agreed for which the Equipment is to be hired as set out in the Hire Agreement;
“Personnel Fees” means the VAT inclusive fees payable by the Customer for any Hired Personnel;
“Premises” means the Company’s premises from which the Customer may collect [certain] Equipment and to which it will return it in accordance with Clause 6 of these Terms and Conditions; and
“Price List” means the Company’s price list, current at the time of the start of the Hire Term.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any similar expression, includes electronic communications whether sent by email [text message] or other means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
1.2.4 a Schedule is a schedule to these Terms and Conditions;
1.2.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
1.2.6 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.2.7 as the context permits or requires, “Customer” includes any individual(s) nominated by Customer to hire and use the Equipment on behalf the Customer, and the Customer shall be liable for any breach by that individual of any Customer obligations under these Terms and Conditions.
1.3 An individual signing the Hire Agreement (“signatory”) on behalf of a Customer hereby represents and warrants that the signatory has the authority of that Customer to do so, and the Company will rely on that representation and warranty. If the signatory does not have such authority, the signatory shall instead be deemed to be the Customer and personally liable as if s/he had signed the Hire Agreement as the Customer.
1.4 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.5 Each reference to the singular number shall include the plural and vice versa where appropriate.
1.6 References to any gender shall include any other gender.
2. Information About The Company
2.1 [VAT number 475 2859 50.]
3. Hire Term
3.1 The Equipment will be hired for the Hire Term .
3.2 If the Customer wishes to extend the Hire Term they may do so at any time prior to the end of the Hire Term. The Customer must contact the Company to arrange such an extension [and any such extension will be effective if agreed and set out in writing]. Extensions may be made for up to 1 year subject always to the existence of prior reservations made by other customers. The Company shall use its best and reasonable endeavours to satisfy requests for extensions but cannot guarantee the availability of the Equipment to the Customer beyond the end of the pre-existing Hire Term.
3.3 The Company reserves the right to recall the Equipment immediately at any time. In the event that the Company exercises this right the Customer will be reimbursed for any and all of the Hire Term remaining or will be issued immediately with replacement Equipment of the same type or of the closest type thereto at no additional cost. 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 use any means necessary to recover the Equipment. The Customer shall be charged for any costs associated with such recovery.
4. Deposit
4.1 The Customer shall be required to pay the Deposit to the Company on or before the date of the commencement of the Hire Term, and prior to delivery of the Equipment. The Company will not release the Equipment to the Customer until the Deposit has been paid.
4.2 The Deposit will be retained by the Company in full or part if any of the Equipment is not returned or if any of it is lost, stolen or damaged in any way or if Sub-Clause 4.3 applies.
4.3 At the end of the Hire Term the Company shall fully inspect the Equipment upon its return by the Customer or collection by the Company. If the Equipment requires routine cleaning, repairs and / or maintenance which is the result of normal wear and tear the Customer will receive the Deposit back in full. In the event that additional cleaning, repairs and / or maintenance is required the Company shall retain the Deposit in full or in part as appropriate and shall provide the reasons for such retention to the Customer in writing, including all relevant calculations and pricing information.
5. Fees and Payment
5.1 The Hire Fees will be determined by reference to the length of the Hire Term, the type and quantity of Equipment, the Price List and any additional items which may be included in the Hire, as set out in the Hire Agreement.
5.2 Payment of Hire Fees shall be made in part or in full, as set out in the Hire Agreement, on or before the commencement of the Hire Term. Payment may be made by either credit or debit card or cheque (subject to the presentation of a valid cheque guarantee card). All cheques must be made payable to AH Equipment Ltd.
5.3 All payments to be made in part will take the form of regular weekly payments. The Company will invoice the Customer on a weekly basis. All payments shall be required on receipt of the date of the relevant invoice.
5.4 Hired Personnel provided in accordance with Clause 7 shall attract Personnel Fees which shall be calculated on an hourly basis at the rate(s) set out in the Hire Agreement.
5.5 Where VAT is chargeable for a Hire and/or Hired Personnel, the VAT inclusive amount of the Hire Fees and/or Personnel Fees will be shown in any quote or Price List, and in addition the VAT exclusive amount and the VAT charged on that amount will be shown separately from each other in bills, invoices, quotes and the Price List.
6. Collection, Delivery, Hire and Return
6.1 The Customer may collect [certain items of] [the] Equipment from the Premises at the start of the Hire Term. The Customer may only collect the Equipment once all payments required under Clauses 4 and 5 have been made and any insurance requirements set out in Clause 10 have been complied with.
6.2 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.
6.3 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].
6.4 The Customer must be available or it must make an authorised representative of the Customer available at the Customer Location at the time of delivery in order to sign for the Equipment. In the event that the Customer fails to comply with the provisions of this sub-Clause 6.4 it shall be deemed to have accepted delivery of the Equipment, assumed responsibility therefore and shall not have the right to subsequently dispute the facts of the delivery.
6.5 In the event that the Company is unable to provide the Equipment at the start of the Hire the Company will contact the Customer when the Equipment is available for collection. The total Hire Fees payable by the Customer shall be adjusted accordingly to reflect the non-availability of the Equipment.
6.6 On the date which is the last day of the Hire Term 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.
6.7 If the Customer is late in returning the Equipment by more than 1 day the Company shall charge the Customer for an additional day’s hire at the normal daily rate for that Equipment. The Hire Term will be extended by one day. The provisions of this sub-Clause 6.7 shall continue to apply daily until the Equipment is returned.
7. Use and Care of the Equipment
7.1 The Customer may only use the Equipment for the normal purpose for which it is intended.
7.2 All Equipment must be used in a safe and correct manner and in accordance with any and all operation and safety instructions or similar documentation provided.
7.3 The Customer may not remove any labels from the Equipment or any part/s of it.
7.4 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.
7.5 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.
7.6 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.
7.7 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.
7.8 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.
7.9 All electrical equipment must only be used with the voltage specific to that piece of Equipment.
7.10 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.
7.11 The Customer must notify the Company immediately after any breakdown, loss and/or damage to the Equipment.
8. Maintenance
8.1 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.
8.2 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.
8.3 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).
8.4 Any parts and/or substitutes provided under sub-Clause 9.3 shall be replaced free of charge by the Company provided that such replacement is necessitated by nothing more than normal wear and tear. Additional wear or damage may result in the Customer being charged for the cost of replacement parts, associated labour, and / or the cost of providing substitute Equipment.
9. Insurance
9.1 The Company provides no insurance cover for the Equipment. The Customer shall therefore be required to arrange for fully comprehensive insurance cover for the duration of the Hire Term. Such insurance must cover third party liability, loss and damage.
9.2 The Company shall require proof of such insurance prior to releasing the Equipment to the Customer.
9.3 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.
10. Theft of Equipment
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.
11. Liability and Indemnity
11.1 The Company will not be liable to the Customer for any failure or delay in performing the Company’s obligations where such failure or delay results from Force Majeure;
11.2 The Company shall not be liable in contract or tort (including negligence) by reason of either any breach by it of any term of these Terms and Conditions or other express term of the Hire Agreement, or any breach by the Company of any implied warranty, condition or other term, or any negligent or innocent misrepresentation, or any negligence or other duty at common law, for any:
11.2.1 loss of use or unavailability of any Equipment;
11.2.2 interruption to business;
11.2.3 loss of income, revenue, business;
11.2.4 loss of business opportunity;
11.2.5 loss of profit or contracts;
11.2.6 loss of anticipated savings; or
11.2.7 any indirect, special or consequential loss, damage, costs, expenses or other claims;
arising from any act or omission by the Company or any of its agents or employees or sub-contractors or any other person or entity in connection with the performance of the Company’s obligations arising under these Terms and Conditions and the Hire Agreement.
11.3 The Company will not be liable for any personal injury or damage to property which results from the Customer’s improper use of the Equipment.
11.4 Nothing in these Terms and Conditions is intended to or will 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.
11.5 Without prejudice to any of the above provisions of this Clause 12, the Company’s total liability under these Terms and Conditions shall be limited to 1 times the value of the Hire Agreement, and for this purpose “value” means the total of the Hire Fees payable by the Customer.
12. Data Protection
The Company will only use any personal information as set out privacy policy at www.ahequipment.co.uk/privacy-policy.
13. Termination
13.1 Where the Customer is an individual, the Company shall be entitled to terminate the Hire Agreement in the event that:
13.1.1 the Customer is in breach of these Terms and Conditions;
13.1.2 the Customer has had their personal belongings confiscated in order to satisfy debts; or
13.1.3 the Customer has a receiving order made against them.
13.2 Where the Customer is a company, the Company shall be entitled to terminate the Hire Agreement in the event that:
13.2.1 the Customer is in breach of these Terms and Conditions;
13.2.2 the Customer goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
13.3 In the event of termination for any of the above reasons:
13.3.1 all payments required under the Hire Agreement shall become due and immediately payable; and
13.3.2 the Company shall have the immediate right to request the immediate return of the Equipment or the repossession of the Equipment and may charge the Customer for any reasonable costs involved in such repossession.
Entire Agreement
13.4 The documents comprising the Hire Agreement, these Terms and Conditions and any other documents expressly incorporated into the Hire Agreement, contain the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of each Party.
13.5 Each Party acknowledges that, in entering into the Hire Agreement, neither Party gives any warranty or relies on any representation, warranty or other provision except as expressly provided in the documents comprising the Hire Agreement.
14. Other Important Terms
14.1 The Company may transfer (assign) its obligations and rights under these Terms and Conditions (and under the Hire Agreement, as applicable) to a third party (this may happen, for example, if the Company sells its business). If this occurs the Company will inform the Customer. The Customer’s rights under these Terms and Conditions will not be affected and the Company’s obligations under these Terms will be transferred to the third party who will remain bound by them.
14.2 The Customer may not transfer (assign) their obligations and rights under these Terms and Conditions (or under the Hire Agreement, as applicable) without the Company’s express written permission.
14.3 The Hire Agreement is between the Customer and the Company. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
14.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
14.5 No failure or delay by the Company in exercising any of its rights under these Terms and Conditions means that it has waived that right, and no waiver by the Company of a breach of any provision of these Terms and Conditions means that it will waive any subsequent breach of the same or any other provision.
15. Governing Law and Jurisdiction
15.1 These Terms and Conditions, the Hire Agreement, and the relationship between the Customer and the Company (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England and Wales.
15.2 Any dispute, controversy, proceedings or claim between the Customer and the Company relating to these Terms and Conditions, the Hire Agreement, or the relationship between the Customer and the Company (whether contractual or otherwise) shall be subject to the [non-]exclusive jurisdiction of the English Courts.
