Terms & Conditions
CONDITIONS FOR HIRE AND SALE OF PRODUCTS TO CONSUMERS AND BUSINESSES
1.1 In these conditions the following words have the following meanings:
“Contract” means a contract which incorporates these conditions and made
between the Customer and the Supplier for the hire of Hire Goods and/or the
sale of Products;
“Customer” means the person, firm, company or other organisation hiring
“Deposit” means any advance payment required by the Supplier in relation to
the Hire Goods which is to be held as security by the Supplier;
“Force Majeure” means any event outside a party’s reasonable control
including but not limited to acts of God, war, flood, fire, labour disputes,
strikes, sub-contractors, lock-outs, riots, civil commotion, malicious damage,
explosion, terrorism, governmental actions and any other similar events;
“Hire Goods” means any machine, article, tool, and/or device together with
any accessories specified in a Contract which are hired to the Customer;
“Hire Period” means the period commencing when the Customer holds the
Hire Goods on hire (including Saturdays Sundays and Bank Holidays) and
ending upon the happening of any of the following events: (i) the physical
return of the Hire Goods by the Customer into the Supplier’s possession; or
(ii) the physical repossession or collection of Hire Goods by the Supplier;
“Liability” means liability for any and all damages, claims, proceedings,
actions, awards, expenses, costs and any other losses and/or liabilities;
“Products” means the products sold to the Customer by the Supplier;
“Rental” means the Supplier’s charging rate for the hire of the Hire Goods
which is current from time to time during the Hire Period;
“Supplier” means [
NAME OF HAE MEMBER] and will include its employees,
servants, agents and/or duly authorised representatives;
“Services” means the services and/or work (if any) to be performed by the
Supplier for the Customer in conjunction with the hire of Hire Goods including
any delivery and/or collection service for the Hire Goods.
BASIS OF CONTRACT
2.1 Hire Goods are hired subject to them being available for hire to the
Customer at the time required by the Customer. The Supplier will not
be liable for any loss suffered by the Customer as a result of the Hire
Goods being unavailable for hire where the Hire Goods are unavailable
due to circumstances beyond the Supplier’s control.
2.2 Where hire of the Hire Goods is to a Customer who is an individual and
the hire would be covered by the Consumer Credit Act 1974 the
duration of the Hire Period shall not exceed 3 months, after which time
the Contract shall be deemed to have automatically terminated.
Accordingly the hire of any Hire Goods is not covered by the Consumer
Credit Act 1974.
2.3 Nothing in this Contract shall exclude or limit any statutory rights of the
Customer which may not be excluded or limited due to the Customer
acting as a consumer. Where the Customer is acting as a consumer
any provision which is marked with an asterisk (*) may, subject to
determination by the Courts, have no force or effect. For further
information about your statutory rights contact your local authority
Trading Standards Department or Citizens Advice Bureau or if based in
the Republic of Ireland your local office of the Director of Consumer
Affairs or Citizens Information Centre.
3.1 The amount of any Deposit, Rental and/or charges for any Services
shall be as quoted to the Customer or otherwise as shown in the
Supplier’s current price list from time to time. Where a Deposit is
required for the Hire Goods it must be paid in advance of the Customer
hiring the Hire Goods. The Supplier may also require an initial payment
on account of the Rental in advance of the Customer hiring the Hire
3.2 The Customer shall pay the Rental, charges for any Services, monies
for any Products and/or any other sums payable under the contract to
the Supplier at the time and in the manner agreed. The Supplier’s
prices are, unless otherwise stated, exclusive of any applicable VAT for
which the Customer shall additionally be liable.
3.3 Payment by the Customer on time under the Contract is an essential
condition of the Contract. Payment shall not be deemed to be made
until the Supplier has received either cash or cleared funds in respect
of the full amount outstanding.
*If the Customer fails to make any payment in full on the due date the
Supplier may charge the Customer interest (both before and after
judgment/decree) on the amount unpaid at the rate implied by law
under the Late Payment of Commercial Debts (Interest) Act 1998
(where applicable) or at the rate of 4% above the base rate from time to
time of the Supplier’s bank whichever is higher.
*The Customer shall pay all sums due to the Supplier under this
Contract without any set-off, deduction, counterclaim and/or any other
withholding of monies.
3.6 The Supplier may set a reasonable credit limit for the Customer. The
Supplier reserves the right to terminate or suspend the Contract for hire
of the Hire Goods and/or the provision of Services if allowing it to
continue would result in the Customer exceeding its credit limit or the
credit limit is already exceeded.
RISK OWNERSHIP AND INSURANCE
4.1 Risk in the Hire Goods and any Products will pass immediately to the
Customer when they leave the physical possession or control of the
4.2 Risk in the Hire Goods will not pass back to the Supplier from the
Customer until the Hire Goods are back in the physical possession of
the Supplier. This shall apply even if the Supplier has agreed to cease
charging the Rental.
4.3 Ownership of the Hire Goods remains at all times with the Supplier.
The Customer has no right, title or interest in the Hire Goods except
that they are hired to the Customer. Ownership of any Products
remains with the Supplier until all monies payable to the Supplier by the
Customer for the Products have been paid in full.
4.4 The Customer must not deal with the ownership or any interest in the
Hire Goods. This includes but is not limited to selling, assigning,
mortgaging, pledging, charging, securing, hiring, withholding, exerting
any right to withhold, disposing of and/or lending. However the
Customer may re-hire the Hire Goods to a third party with the prior
written consent of the Supplier.
4.5 The Supplier may provide reasonably priced insurance in respect of the
Hire Goods at an additional cost to the Rental. Alternatively the
Supplier may require the Customer to insure the Hire Goods on such
reasonable terms and for such reasonable risks as the Supplier may
specify. The proceeds of any such insurance that relate directly to the
Hire Goods shall be held by the Customer in trust for the Supplier and
be paid to the Supplier on demand. The Customer must not
compromise any claim in respect of the Hire Goods and/or any
associated insurance without the Supplier’s written consent.
DELIVERY, COLLECTION AND SERVICES
5.1 It is the responsibility of the Customer to collect the Hire Goods from
the Supplier and return them to the Supplier at the end of the Hire
Period. If the Supplier agrees to deliver or collect the Hire Goods to
and/or from the Customer it will do so at its standard delivery cost and
such delivery and/or collection will form part of the Services.
5.2 Where the Supplier provides Services the persons performing the
Services are servants of the Customer and once the Customer instructs
such person they are under the direction and control of the Customer.
The Customer shall be solely responsible for any instruction, guidance
and/or advice given by the Customer to any such person and for any
damage which occurs as a result of such persons following the
Customer’s instructions, guidance and/or advice except to the extent
that the persons performing the Services are negligent.
5.3 The Customer will allow and/or procure sufficient access to and from
the relevant site and procure sufficient unloading space, facilities,
equipment and access to utilities for the Supplier’s employees, subcontractors
and/or agents to allow them to carry out the Services. The
Customer will ensure that the site where the Services are to be
performed is, where necessary, cleared and prepared before the
Services are due to commence.
5.4 If any Services are delayed, postponed and/or are cancelled due to the
Customer failing to comply with its obligations the Customer will be
liable to pay the Supplier’s additional standard charges from time to
time for such delay, postponement and/or cancellation except where
the Customer is acting as a consumer and the delay is due to a Force
CARE OF HIRE GOODS
6.1 The Customer shall:-
6.1.1 not remove any labels from and/or interfere with the Hire Goods, their
working mechanisms or any other parts of them and shall take
reasonable care of the Hire Goods and only use them for their proper
purpose in a safe and correct manner in accordance with any
operating and/or safety instructions provided or supplied to the
6.1.2 notify the Supplier immediately after any breakdown, loss and/or
damage to the Hire Goods;
6.1.3 take adequate and proper measures to protect the Hire Goods from
theft, damage and/or other risks;
6.1.4 notify the Supplier of any change of its address and upon the
Supplier’s request provide details of the location of the Hire Goods;
6.1.5 permit the Supplier at all reasonable times and upon reasonable
notice to inspect the Hire Goods including procuring access to any
property where the Hire Goods are situated;
6.1.6 keep the Hire Goods at all times in its possession and control and not
to remove the Hire Goods from the country where the Customer is
located and/or the country where the Supplier is located without the
prior written consent of the Supplier;
6.1.7 be responsible for the conduct and cost of any testing, examinations
and/or checks in relation to the Hire Goods required by any
legislation, best practice and/or operating instructions except to the
extent that the Supplier has agreed to provide them as part of any
6.1.8 not do or omit to do anything which the Customer has been notified
will or may be deemed to invalidate any policy of insurance related to
the Hire Goods;
6.1.9 not continue to use Hire Goods where they have been damaged and
will notify the Supplier immediately if the Hire Goods are involved in
an accident resulting in damage to the Hire Goods, other property
and/or injury to any person; and
6.1.10 where the Hire Goods require fuel, oil and/or electricity ensure that
the proper type and/or voltage is used and that, where appropriate,
the Hire Goods are properly installed by a qualified and competent
6.2 The Hire Goods must be returned by the Customer in good working
order and condition (fair wear and tear excepted) and in a clean
condition together with all insurance policies, licences, registration and
other documents relating to the Hire Goods.
7.1 Allowance will be made in relation to the Rental to the Customer for any
non-use of the Hire Goods due to breakdown caused by the
development of an inherent fault and/or fair wear and tear on condition
that the Customer informs the Supplier as soon as practicable of the
7.2 The Customer shall be responsible for all expenses, loss (including loss
of Rental) and/or damage suffered by the Supplier arising from any
breakdown of the Hire Goods due to the Customer’s negligence,
misdirection and/or misuse of the Hire Goods.
7.3 The Supplier will at its own cost carry out all routine maintenance and
repairs to the Hire Goods during the Hire Period and all repairs which
are required due to fair wear and tear and/or an inherent fault in the
Hire Goods. The Customer will be responsible for the cost of all repairs
necessary to Hire Goods during the Hire Period which arise otherwise
than as a result of fair wear and tear, an inherent fault and/or the
negligence of the Supplier while carrying out routine maintenance
7.4 The Customer must not repair or attempt to repair the Hire Goods
unless authorised to do so in writing by the Supplier.
LOSS OR DAMAGE TO THE HIRE GOODS
8.1 If the Hire Goods are returned in damaged, unclean and/or defective
state except where due to fair wear and tear and/or an inherent fault in
the Hire Goods the Customer shall be liable to pay the Supplier for the
cost of any repair and/or cleaning required to return the Hire Goods to a
condition fit for re-hire and to pay the Rental, in accordance with the
provisions of clause 8.3, until such repairs and/or cleaning have been
8.2 The Customer will pay to the Supplier the replacement cost of any Hire
Goods which are lost, stolen and/or damaged beyond economic repair
during the Hire Period less the amount paid to the Supplier under any
policy of insurance taken out in accordance with these conditions.
8.3 The Customer shall pay the Rental for the Hire Goods up to and
including the date it notifies the Supplier that the Hire Goods have been
lost, stolen and/or damaged beyond economic repair. From that date
until the Supplier has replaced such Hire Goods the Customer shall
pay, as a genuine pre-estimate of lost rental profit, a sum as liquidated
damages being equal to two thirds of the Rental that would have
applied for such Hire Goods for that period. The Supplier shall use its
reasonable commercial endeavours to purchase replacements for such
Hire Goods as quickly as possible using the monies paid under clause
TERMINATION BY NOTICE
9.1 If the Hire Period has a fixed duration, subject to the provisions of
Section 10 neither the Customer nor the Supplier shall be entitled to
terminate the Contract before the expiry of that fixed period unless
agreed with the other party.
9.2 If the Hire Period does not have a fixed duration either of the Customer
or the Supplier is entitled to terminate the Contract upon giving to the
other party any agreed period of notice.
9.3 If no period of notice has been agreed or specified the Customer may
terminate the Hire Period by the physical return of the Hire Goods to
9.4 The Supplier shall be entitled to terminate the hire of the Hire Goods by
giving not less than 14 days’ notice to the Customer.
10.1 If the Customer:-
10.1.1 fails to make any payment to the Supplier when due without just
10.1.2 breaches the terms of the Contract and, where the breach is capable
of remedy, has not remedied the breach within 14 days of receiving
notice requiring the breach to be remedied;
10.1.3 persistently breaches the terms of the Contract;
10.1.4 provides incomplete, materially inaccurate or misleading facts and/or
information in connection with the Contract;
10.1.5 pledges, charges or creates any form of security over any Hire Goods
or proposes to compound with its creditors, creates a trust deed for
its creditors, applies for an interim moratorium in respect of claims
and/or proceedings, any distress/diligence, execution or other legal
process is levied on any property of the Customer, has a Bankruptcy
Petition/Petition for Sequestration presented against it or the
Customer takes or suffers any similar action in any jurisdiction;
10.1.6 being a company, ceases or threatens to cease to carry on business,
enters into voluntary or compulsory liquidation, has a receiver,
administrator or administrative receiver or in the Republic of Ireland
an examiner appointed over all or any of its assets, any attachment
order/arrestment is made against the Customer, any
distress/diligence, execution or other legal process is levied on any
property of the Customer or the Customer takes or suffers any similar
action in any jurisdiction;
10.1.7 appears reasonably to the Supplier due to the Customer’s credit
rating to be financially inadequate to meet its obligations under the
10.1.8 appears reasonably to the Supplier to be about to suffer any of the
then the Supplier shall have the right, without prejudice to any other
remedies, to exercise any or all of the rights set out in clause 10.2
10.2 If any of the events set out in clause 10.1 above occurs in relation to
the Customer then:-
10.2.1 except where the Customer is acting as a consumer the Supplier may
enter, without prior notice, any premises of the Customer (or
premises of third parties with their consent) where Hire Goods and/or
Products owned by the Supplier may be and repossess any Hire
Goods and/or Products;
10.2.2 the Supplier may withhold the performance of any Services and
cease any Services in progress under this and/or any other Contract
with the Customer;
10.2.3 the Supplier may immediately cancel, terminate and/or suspend
without Liability to the Customer the Contract and/or any other
contract with the Customer; and/or
*all monies owed by the Customer to the Supplier shall immediately
become due and payable.
10.3 Any repossession of the Hire Goods and/or Products shall not affect
the Supplier’s right to recover from the Customer any monies due
under the Contract and/or any damages in respect of any breach which
occurred prior to repossession of the Hire Goods and/or Products.
10.4 Upon termination of the Contract the Customer shall immediately:
10.4.1 return the Hire Goods to the Supplier or make the Hire Goods
available for collection by the Supplier as requested by the Supplier;
10.4.2 pay to the Supplier all arrears for Rentals, Charges for any Services,
monies for any Products and/or any other sums payable under the
LIMITATIONS OF LIABILITY
*All warranties, representations, terms, conditions and duties implied by
law relating to fitness, quality and/or adequacy are excluded to the
fullest extent permitted by law.
*If the Supplier is found to be liable in respect of any loss or damage to
the Customer’s property the extent of the Supplier’s Liability will be
limited to the retail cost of replacement of the damaged property.
11.3 Any defective Hire Goods must be returned to the Supplier for
inspection if requested by the Supplier before the Supplier will have any
Liability for defective Hire Goods.
*The Supplier shall have no Liability to the Customer if, without just
cause, any monies due in respect of the Hire Goods and/or the
Services have not been paid in full by the due date for payment.
11.5 The Supplier shall have no Liability for additional damage, loss, liability,
claims, costs or expenses caused or contributed to by the Customer’s
continued use of defective Hire Goods and/or Services after a defect
has become apparent or suspected or should reasonably have become
apparent to the Customer.
11.6 The Customer shall give the Supplier a reasonable opportunity to
remedy any matter for which the Supplier is liable before the Customer
incurs any costs and/or expenses in remedying the matter itself. If the
Customer does not do so the Supplier shall have no Liability to the
*The Supplier shall have no Liability to the Customer to the extent that
the Customer is covered by any policy of insurance arranged as a
result of the Contract and the Customer shall ensure that the
Customer’s insurers waive any and all rights of subrogation they may
have against the Supplier.
11.8 The Supplier shall have no Liability to the Customer for any:-
11.8.1 *consequential losses (including loss of profits and/or damage to
11.8.2 economic and/or other similar losses;
11.8.3 special damages and indirect losses; and/or
11.8.4 business interruption, loss of business, contracts and/or opportunity.
*The Supplier’s total Liability to the Customer under and/or arising in
relation to any Contract shall not exceed 5 times the amount of the
Rental and charges for Services (if any) under that Contract or the sum
of £1,000/e1250 whichever is the higher. To the extent that any
Liability of the Supplier to the Customer would be met by any insurance
of the Supplier then the Liability of the Supplier shall be extended to
the extent that such Liability is met by such insurance.
11.10 Each of the limitations and/or exclusions in this Contract shall be
deemed to be repeated and apply as a separate provision for each of:
11.10.1 Liability for breach of contract;
*Liability in tort/delict (including negligence); and
*Liability for breach of statutory and/or common law duty;
except clause 11.9 above which shall apply once only in respect of all
the said types of Liability.
11.11 Nothing in this Contract shall exclude or limit the Liability of the
Supplier for death or personal injury due to the Supplier’s negligence
nor exclude or limit any other type of Liability which it is not permitted
to exclude or limit as a matter of law.
12.1 Upon termination of the Contract the provisions of clauses 3.2, 3.4, 3.5,
8.1, 8.2, 8.3 and Section 6 shall continue in full force and effect.
12.2 Each hire of an item of Hire Goods shall form a distinct Contract which
shall be separate to any other Contract relating to other Hire Goods.
12.3 The Customer shall be liable for the acts and/or omissions of its
employees, agents, servants and/or subcontractors as though they
were its own acts and/or omissions under this Contract.
*The Customer agrees to indemnify and keep indemnified the Supplier
against any and all losses, lost profits, damages, claims, costs
(including legal costs on a full indemnity basis), actions and any other
losses and/or liabilities suffered by the Supplier and arising from or due
to any breach of contract, any tortious/delictual act and/or omission
and/or any breach of statutory duty by the Customer.
*No waiver by the Supplier of any breach of this Contract shall be
considered as a waiver of any subsequent breach of the same
provision or any other provision. If any provision is held by any
competent authority to be unenforceable in whole or in part the validity
of the other provisions of this Contract and the remainder of the
affected provision shall be unaffected and shall remain in full force and
12.6 The Supplier shall have no Liability to the Customer for any delay
and/or non performance of a Contract to the extent that such delay is
due to any Force Majeure events. If the Supplier is affected by any
such event then time for performance shall be extended for a period
equal to the period that such event or events delayed such
12.7 All third party rights are excluded and no third parties shall have any
rights to enforce the Contract. This shall not apply to any finance
company with whom the Supplier has an outstanding finance
agreement relating to the Hire Goods. Such finance company shall,
subject to the Supplier’s consent, have the right to enforce this
Contract as if they were the Supplier. This Contract is governed by
and interpreted in accordance with the law of the country where the
Supplier is located and that country will have exclusive jurisdiction in
relation to this Contract.
Copyright Hire Association Europe 1 April 2004