Get Loos Limited – Toilet Hire: Conditions of Hire
- Definitions
a. For the purpose of this hire Get Loos Limited shall be deemed to be the owner of the equipment whether such is the fact or not and the expression “the owner” shall mean Get Loos Limited to the exclusion of any other Company or person.
b. All Portable toilets are hired subject to these conditions and acceptance of the toilets on site implies unqualified acceptance of all terms and conditions stated hereon.
c. “Hirer” means the Company, Firm, Person, Corporation or Public Authority taking the Owners equipment and includes their successors, employees or personal representatives.
d. Equipment covers all classes of equipment’s machinery and accessories there to including all classes of portable toilets, which the Owner agrees to hire to the owner. - Extent of Contract:
a. No conditions or warranty other than heron specifically set forth shall be implied or deemed to be incorporated in, or form part of, the contract. - Deposit
a. A deposit may be required against each item. Provided all charges due are paid in full and the equipment is returned in good condition, the deposit is refundable in full. - Commencement and Termination of Hiring
a. Hire will commence on the date the equipment leaves the owners premises and will terminate on the day it is returned to the owners premises. The day of hiring and the day of return will be charged respectively as whole days. 24 hours notice of termination of hire must be given by the hirer to the Owner in writing. The owner shall have the right to terminate the hire at any time without notice and the Owner shall be entitled to enter upon the premises or site of the hirer for the purpose of repossessing the equipment and the Hirer shall pay the cost of recovering and collecting the equipment. In addition the Owner shall be entitled to revise or increase the hire rate for any item of equipment by giving seven days written notice to the Hirers address as detailed in the Contract. - Delivery and Collection
Delivery or collection undertaken by the Owner is not included in the hire and is charged as an extra. Where the Owner has agreed to transport the equipment to or from the Hirers site:-
a. The Hirer shall provide or ensure that access to and over the Hirers site is in every respect suitable for the vehicle used for transporting the equipment.
b. The Hirer shall load or unload the equipment at the Hirer’s site with reasonable diligence and shall not suffer or permit the transport vehicle to be unduly delayed on site
c. The Hirer shall indemnify the Owner against any claims for injury to persons or loss of or damage to property (including land), during loading or unloading of the equipment.
d. The Owners shall not be liable for the consequences of any delay in the delivery or collection at the Hirer’s site howsoever arising.
e. Not less than 24 hours notice in writing must be given to the Owner if the Hirer wishes the equipment to be collected. When equipment out on hire is to be collected from its location by the Owner on the instructions of the Hirer, the Hirer remains responsible for the safekeeping of the equipment until collection is effected, regardless of date of notification.
f. When equipment is delivered by the Owner’s in the absence of the Hirer or his representative, the Hire Delivery Note shall be forwarded to the Hirer’s address and deemed to be conclusive proof of delivery of the equipment listed thereon in good clean working order - Delivery in Good order and maintenance.
a. Unless notification to the contrary is received within three days all equipment will be deemed to have been delivered in good order and to the Hirer’s satisfaction. The Hirer will be responsible for the safekeeping of the equipment, for its use in a considerate manner and return on completion of the hire in equal order (fair wear and tear excepted). - Handling / Use of Equipment
a. The equipment shall be used only for the purpose for which it is designed by the makers. The Hirer shall be responsible for ensuring the observance of all proper safeguards and precautions against accidents in connection with the use of the equipment, and for ensuring its use by authorised persons only.
b. The Hirer shall be responsible for compliance with all laws, byelaws and regulations applicable to the equipment.
c. The Hirer shall indemnify the Owner for injury to persons or loss of or damage to property caused by the Hirer’s use of the equipment or the Hirer’s failure to operate the equipment in a safe and proper manner. - Protection of Owners Rights
a. The Hirer shall not re hire, sell, mortgage, charge, pledge, lend, part with possession of or otherwise deal with the equipment or any parts thereof in a manner prejudicial to its Owner’s rights, and shall take all necessary steps to ensure title in the equipment does not pass to the owners of any land upon which the equipment is situated.
b. The Hirer shall permit the Owner, the Owner’s Agents or Insurers at all reasonable times to have access to the said equipment for the purpose of inspection or repairs. - Sub Letting
The Hirer shall not sub let the equipment or any part of it without the Owner’s consent in writing. - Changes in Site
The Hirer shall not move the Plant from the site to which it was first delivered or consigned without the Owner’s prior consent in writing - Repairs and Adjustment
The Hirer shall not repair or attempt to repair the equipment without the consent of the Owner. The Owner undertakes to deal with necessary repairs as quickly as is reasonably
possible - Breakdown / Servicing
a. The Hirer shall inform the Owner of any breakdown or unsatisfactory working of the equipment. Claims for breakdown allowance shall only be allowed from the date and time that notice is received, providing that such a breakdown is advised immediately by the Hirer and confirmed within three days in writing.
b. The Hirer shall take all reasonable steps to keep himself acquainted with the state and condition of the equipment. If the equipment continues to be at work or in use after it is known by the Hirer to be in an unsafe or unsatisfactory state the Hirer shall be solely responsible for any further damage, loss or accident.
c. The Hirer shall be responsible for all expense involved arising from any breakdown and all loss or damage incurred by the Owner due to negligence, misdirection or misuse of the equipment whether by the Hirer or other persons and for the payment of hire charges at the Owner’s standard rate during the period the equipment is necessarily idle due to such breakdowns or damage.
d. The Owner will be responsible for the cost of repairs to the equipment involved in breakdowns as a result of fair wear and tear. - Transport
a. The hirer shall pay the cost of delivery and collection. - Consequential Loss
The Owner accepts neither liability nor responsibility for any consequential loss or damage directly or indirectly due to or arising from the breakdown or stoppage of the equipment through any cause whatsoever or through late or non-arrival of the equipment at the location of hire. - Hirers Responsibility for Loss and Damage
During the continuance of the hire period the Hirer shall make good to the Owner all loss of or damage to the equipment (including loss of hire charges) from whatsoever cause the same may arise, fair wear and tear excepted and shall also fully and completely indemnify the Owner in respect of all claims by any person whatsoever for injury to person or loss of 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 however arising - Lost Non Returned, Damaged or unclean equipment
When equipment is lost or stolen or cannot be retrieved by the Owner, the hire will be deemed to end when the Hirer pays to the Owner the Owner’s invoiced charges for the loss of the equipment. Equipment deemed by the Owner to be damaged or returned in a “dirty condition” will be held for three days for the Hirer to inspect. After the expiration of the third day necessary repairs, servicing or cleaning will be carried out. The Hirer agrees to pay to the Owner all costs incurred by the Owner in rectifying the condition of the equipment returned damaged or unclean. Hire charges will continue until such rectification is complete and the Owner’s invoiced charges for the rectification have been paid. Charges for loss of or damage to equipment will be based on replacement values with due allowance for fair wear and tear. - Electrical equipment
Where the equipment comprises electrical capability in part or in whole the same should normally be used with plugs and/or sockets as fitted but if temporarily replaced with other suitable plugs or sockets, this must be carried out by a competent person who must also reinstate to original condition. Under no circumstances should electrical equipment be used without it being correctly earthed unless it is of double insulated construction. - Determination of Hire
The Owner shall be entitled at any time and for any reason whatsoever, without explanation, to terminate this contract (such termination to be effective immediately) and to repossess the equipment or any part thereof. - Payment Terms
Unless a credit facility has been granted by the Owner to the Hirer, all hire charges are payable in advance and all other charges are due and payable immediately upon issue of invoice. - Conditions of Payment and Credit
a. A credit facility is only granted if confirmed in writing by a letter from the Owner.
b. The limit will be stipulated in writing by the Owner, and if no limit is provided, no credit facility credit is granted.
c. Payment terms will be stipulated in writing and if no terms are specified, no credit facility is granted.
d. Any request for varied payment terms must be made in writing and is not valid unless agreed in writing by the Owner.
e. The Owner shall be entitled to withdraw or revise the credit limit or payment terms by writing to the Hirer at the contract address. All invoices issued after such notification will be under the new terms.
f. If the stipulated credit limit is exceeded, or any invoice remains unpaid beyond the stipulated payment terms, then
i. All credit facilities are immediately withdrawn.
ii. All invoices including current invoices shall become immediately due and payable.
iii. The Owner will have the right to terminate the hire in accordance with
Clause 4 above and repossess the Plant.
iv. The Owner may claim immediate payment for all work done
v. The Owner may claim immediate payment for damage to equipment repossessed or the cost of equipment which cannot be retrieved.
vi. An administrative charge of up to £50.00 per month may be made by the Owner for payment by the Hirer
vii. Any legal costs incurred to be paid on an indemnity basis.
viii. Interest is due on invoices that have not been paid within the payment terms granted at a rate of 15% per annum. The interest charged will be invoiced and is payable immediately. - Credit References
In order to grant a credit facility to the Hirer, the Owner will make a search with a credit reference agency, which will keep a record of that search and will share that information with other businesses. The Owner may also make enquiries with a credit reference agency about the Directors or Proprietors of the Hirer. The Owner will monitor and record information relating to the Hirer’s trade performance and such records will be made available to credit reference agencies, who will share that information with other businesses in assessing applications for credit and fraud prevention - Separate Term Validity
Should any term in this contract be held to be invalid such invalidation will not affect the validity of the remaining terms. - Responsibilities of persons signing
The person signing the contract warrants that he has authority of the Hirer to make this contract on the Hirer’s behalf. The said person hereby indemnifies the Owner against all losses and costs that may be incurred by the Owner if this is not so. The said person hereby acknowledges that he has been instructed in the operation and use of the equipment. The said person and the Hirer jointly and severally hereby undertake to ensure that no one uses the equipment who is not properly instructed and shall not allow the equipment to be misused. - Notice of Accidents
If the equipment is involved in any accident resulting in injury to persons or loss of or damage to property immediate notice must be given to the Owner and confirmed in writing and in respect of any claim not within the Hirer’s agreement for indemnity no admission, offer, promise of payment or indemnity shall be made by the Hirer without the Owner’s consent in writing. - Jurisdiction
The Contract shall be governed by the Laws of England and the Owner and Hirer submit to the jurisdiction of the English Courts in respect of all questions or disputes arising out of or in connection with these Conditions - Headings
The Headings used in these conditions of hire are for convenience only and shall not affect the construction thereof.
