Terms & Conditions
TERMS AND CONDITIONS OF HIRE
- In these Terms and Conditions the following expressions shall have the meanings set below
- unless the context otherwise requires
The Equipment details of which are set out on the first page of this agreement
The Hirer whose name and address are as follows;
“Owner” BRYAN HOGGARTH Limited, The Tractor Yard, Capernwray, Carnforth, Lancashire. LA6 1AD. Company registration number 03751668.
Means the agreement for hire of the Equipment which the Hirer and the Owner sign and to which these conditions apply
The period stated on this agreement and starts from the date the Equipment is first made available to you
- HIRE PERIOD
2.1 The Hire Period commences on the Hirer taking delivery of the Equipment and terminates on re-delivery of the Equipment to a depot nominated by the Owner or collection by the Owner in the same working order and condition in which it was delivered to the Hirer. The Hire Period is set out on the front page but may be extended by agreement.
2.2 If the Equipment is not re-delivered in the same working order and condition as at delivery (normal wear and tear accepted) the Hire Period shall continue until the Equipment has been repaired to the reasonable satisfaction of the Owner, and if repaired away from the Owners depot, re-delivered to the Owner’s depot. All repairs are to be to the cost of the Hirer (including cost of labour by the Owner’s employees).
2.3 Notwithstanding the description of Hire Period on the first page of the agreement the Owner may in absolute discretion, at any time and for any reason terminate this agreement and repossess the Equipment. For the purpose of repossession of the Equipment the Owner may enter at any time without prior notice on any premises where the Owner has any reason to believe that the Equipment may be and without prejudice to its rights under this agreement recover the Equipment. The Owner may take whatever steps it deems necessary at the risk and cost of the Hirer to safeguard the Equipment. The Hirer indemnities the Owner in respect of any claim allegation cost or expense which arises out of any such action taken by the Owner.
- OWNERSHIP OF EQUIPMENT
3.1 The Hirer acknowledges that during the Hire Period the Equipment is and remains the sole and exclusive property of the Owner. The hirer has no rights in relation to the Equipment otherwise than as a Hirer on the terms of this agreement.
3.2 The Hirer must not affix or permit to be affixed the Equipment or any part of it to any real property. To the extent that the Equipment is so affixed the Equipment shall not be or become a fixture and is removable by the Owner at any time.
3.3 The Hirer shall take such steps as may be necessary to safeguard and protect the right title & interest of the Owner in and to the Equipment. The Hirer must permit the Owner to affix the Equipment such as plates or other marks indicating that the Equipment is the property of the Owner as the Owner reasonably requires. The Hirer must allow the plates or marks to remain affixed and in good repair, shall not obliterate, deface or cover up the marks and shall not place or permit to be placed any plates or marks on the Equipment which are inconsistent with the rights of the Owner in the Equipment.
3.4 The Hirer must not sell, transfer, assign, lease, licence part with possession of or otherwise dispose of the Equipment or agree offer attempt or purport to do any such thing.
3.5 The Hirer shall not directly or indirectly create, incur or allow to exist any lien claim change or encumbrance of any kind or any of its rights under the agreement or in the Equipment nor agree offer attempt or purport to do any such thing.
- UNDERTAKING BY HIRER
4.1 The Hirer undertakes that:
(a) the Equipment shall be used only for the purpose and use for which it is designed:
(b) the Hirer will consult with the Owner with respect to any proposed use of the Equipment and secure the agreement of the Owner to that proposed use and only operate the Equipment in accordance with the directions of the Owner.
(c) the Hirer shall comply at its own expense with any operating manuals provided by the Owner in connection with the Equipment but insofar as no manual is provided with the Equipment it is the responsibility of the Hirer to ensure that any operator is properly Trained in the use of the Equipment.
(d) the Hirer must maintain the equipment at its own expense in proper working order and condition but must not carry out any repairs (other than the ordinary course of maintenance) without the prior consent of the Owner.
(e) the Hirer must during the Hire Period comply at its own expense with all applicable laws & regulations which in any way apply to the Equipment and the use or operation which the Equipment may be put.
(f) the Hirer, on becoming aware of any defect or problem in the Equipment must immediately cease using it and ensure that it is not used until the defect or problem is rectified and immediately advise the Owner of such defect or problem
(g) the Hirer must not and ensure that its employees and agents do not wind back or otherwise tamper with any instruments recording hours of operation and immediately report any malfunction in the instrument to the Owner: and
(h) the Hirer will pay the Owner for all training with respect to the Equipment in excess of half an hour.
- INSPECTION AND REPAIR
5.1 The Hirer must at all times during the Hire period, make the Equipment or any part of it available for inspection by the Owner or its nominee.
5.2 The Owner shall be responsible for routine periodical maintenance of the Equipment or any part of it as it sees fit.
5.3 The Hirer must deliver the Equipment or any part of it to any depot nominated by the Owner at the direction of the Owner for the purposes of either routine periodical maintenance or repair. The Owner will use its best endeavours to make replacement equipment available (but without liability in the event that none is available) to the Hirer while the hired Equipment is required by the Owner for maintenance or repair.
6.1 Until otherwise agreed in writing the Hirer must pay the Owner’s charges for hiring the Equipment at the rates referred to in this agreement or if the agreement is silent in the Owner’s price list current at the time the Hire Period commences. The charges in respect of the hiring shall be calculated from when the Hire Period commences until such time as the Hire Period is terminated. The Hirer must pay the Owner’s charges within seven days of the date of the Owner’s invoice which will be rendered on the last day of each month of the Hire Period (or such other dates as may be agreed by the Owner). The Owner may charge interest on any over due payments at the rate of 6% per annum over the base rate from time to time of National Westminster Bank Plc for each year or part thereof of the invoice amount.
6.2 All charges or fees set out in this agreement are subject to review on each six month anniversary of the date of commencement of the Hire Period. The Owner will notify an increase to the Hirer by giving not less than one month’s written notice.
- RESPONSIBILITY FOR EQUIPMENT
The Hirer shall be responsible to the Owner during the Hire Period for all loss of or damage to the Equipment whether such loss or damage is accidental or is caused by theft, malicious damage or for any reason whatsoever. If the Equipment is damaged beyond economic repair is lost or destroyed or is beyond economic salvage, the Hirer shall furnish satisfactory evidence of such facts to the Owner and pay the Owner the amount equal to the value of equivalent new Equipment in addition to all related costs, expenses, including but not limited to the costs and expenses of locating such new Equipment at the Owner’s depot.
- RESPONSIBILITY FOR INJURY OR DAMAGE
8.1 The Hirer shall be liable for all costs, charges, expenses, liabilities, damages and losses suffered or incurred by the Hirer or the owner as a result of any injury to or death of any person or loss of or damage to any property or person arising out of or in any way related to the breakdown failure use or operation of the Equipment during the Hire Period by the Hirer its servants or any other person acting on behalf of the Hirer.
8.2 The Hirer indemnities the Owner its employees and agents in respect of any allegation, claim, action or proceedings whatsoever made or taken against any one or more of them in connection with or arising out of or in any way incidental to such death, injury, loss or damage irrespective of any negligence breach of contract or other misconduct or default by the Owner its employees or agents.
8.3 This clause does not affect statutory rights of any third party.
9.1 Before the commencement of the Hire Period the Hirer must effect at its own expense in the joint names of itself and the Owner and all times during the Hire Period keep in force appropriate insurance with a reputable insurer acceptable to the Owner for:
(a) damage to the Equipment and in an amount not less than the current market value of the equipment as advised by the Owner from time to time:
(b) for all third party and public liability risks in respect of the use of the Equipment by the Hirer in a reasonable amount stipulated from time to time by the Owner:
(c) such other risks as the Owner reasonably stipulates in an amount the Owner reasonably requires by notice in writing to the Hirer.
9.2 The Hirer must ensure that these insurances remain in force for the Hire Period. The Hirer agrees to produce to the Owner on request all relevant cover notes and certificates of insurance in respect of the currency of the insurances as affected.
9.3 The Hirer must advise the Owner before the commencement of the Hire Period of any excess under such policies. The Hirer herby indemnifies the Owner in respect of any such excess notwithstanding any wrongful act or neglect or breach of contract by the Owner.
- EXCLUSION OF LIABILITY
To the extent permitted by law the Owner shall not be responsible in contract or otherwise for any loss or damage suffered or incurred by the Hirer whether direct or consequential for non-delivery delay in delivery or inconvenience of any kind or any cost or expenses which in any way arises out of the Equipment including, without limitation, the negligence or breach of contract or lawful act or default of the Owner.
11.1 On re-delivery at the end of the Hire Period the Hirer must fill the fuel tank of the Equipment failure to do so will result in fuel being charged at the subsisting pump prices. The Equipment must be returned in clean condition. Failure to do so will result in a cleaning charge being levied.
11.2 If the Hirer so requests, the Owner will pick up the Equipment itself. An appropriate charge will be levied by the Owner either for delivery or return.
12.1 The Hirer may not assign all or any part of this agreement without the prior written consent of the Owner.
12.2 The Owner shall not be bound by any agreement purporting to vary the agreement terms unless such agreement is in writing and signed on behalf of the Owner by one of the partners.
12.3 Terms of this agreement are governed and construed in accordance with the Laws of England and shall be subject to the exclusive jurisdiction of the English courts.
- CONSUMER CREDIT ACT 1974
13.1 If the Hirer does not comply with the requirement of this agreement the Owner may terminate the agreement and recover the Equipment. Where the Owner is required by the Consumer Credit Act to do so. It will give written notice before termination.
13.2 The Owner reserves the right to terminate this agreement if bankruptcy or insolvency proceedings are brought against the Hirer or if the Hirer does not make any payment under judgement of a court on time or it makes any arrangements with creditors or a receiver or administrator is appointed for any of its assets.
Any notice given under this agreement must be delivered by hand or sent by pre-paid post as follows.
(a) to the Owner at its address shown on the hire agreement: and
(b) to the Hirer at the address set out on the first page or such other address as notified by the Hirer to the Owner in writing.
- TERMINATION BY NOTICE
15.1 This agreement can be ended by:
(a) the Hirer after the Hire Period by giving not less than one weeks notice in writing to the Owner.
(b) by the Owner not giving less than seven days written notice to the Hirer after the Hire Period but subject to other rights of termination set out in this agreement.
15.2 If the Owner gives notice under this clause the Hirer agrees to pay rental up to the end of that notice.
15.3 If the Hirer gives cause to terminate under clause 15 1(a), the Hirer will pay rental for seven days from the date either that the Owner receives the notice or after the Hirer returns the Equipment if that is later.
15.4 If the Hirer gives notice to end the agreement during the Hire Period or before it commences the Hirer agrees to pay the Owner an amount equal to the Hire Charges applicable to the Hire Period. The amount will be the rental charges current when the agreement ends.
15.5 Hire will terminate on the appointment of a receiver.