In these Conditions:- [Carron Marquees Ltd] means “The Company” and any individual firm Company or other person with whom the Company contracts means “The Customer”.
Hire Equipment:- Means the equipment described in the quotation Hire Agreement and any additional equipment the Company agrees to hire to the Customer.
Hire Charge:- Means the fee + VAT for hire and supply of the equipment or services payable by the Customer to the Company.
The Company’s written quotation shall be accepted by the Customer in writing: the absence of such written quotation or acceptance however shall not invalidate the Hire Agreement (‘the Agreement’) and all work quoted for and undertaken by, or equipment hired from the Company shall be subject to these terms and conditions (available on request) and the Customer by authorising or allowing work to proceed or equipment to be delivered is deemed to have confirmed the Agreement and to have accepted these terms and conditions. Written quotations will remain valid for a period of 14 days.
3. All terms of the Agreement between the Company and the Customer are set out in the Agreement and in these Terms and Conditions of Hire.
4. CONTRACT & PERIOD OF HIRE
The Agreement between the Company and the Customer shall commence from the signing of the Agreement by both parties or as may otherwise be agreed by them writing. The period of hire means the period specified in the Agreement or the date of removal of the Hire Equipment from the Site whichever is the later.
5. CONDITIONS OF SITE
The Customer shall ensure that the Site is suitable. The Company’s quotation for the Hire Charge is made on the condition that the Site on which the Hire Equipment is to be erected or to which goods are to be delivered is:
5.1 flat level firm ground with easy access for heavy motor transport unless otherwise seen on a site survey; and 5.2 has no drains, pipes, cable or other service buried beneath the surface or otherwise concealed unless a detailed plan has been provided. If the said Site does not comply with these requirements the Company may in its discretion either rescind the Agreement by giving notice to the Customer or make an additional Charge at the Company’s applicable charge rate.
5.3 The Customer undertakes to the Company that:- (a) they are the owner of and/or entitled in law to possession of the premises or Site where the Hired Equipment is delivered and erected or (b) No liability shall attach to the Company in respect of loss or damage to the goods and equipment belonging to parties other than those of the Company that are stored or placed in or on the Hired Equipment.
5.4 The Customer shall provide the Company with written confirmation and/or a plan showing the precise position where the Hire Equipment shall be erected or alternatively shall have a representative on the Site for that purpose. In default of this the Company may erect the Hire Equipment where it thinks fit and it shall be deemed to have complied with the Agreement.
5.5 Only by special arrangement will the Company allow the Customer to erect and/or dismantle the Company’s Hire Equipment.
6. USE AND RETURN OF EQUIPMENT
6.1 The Customer shall:- (a) take all fire, safety and security precautions as are reasonably necessary to protect the Company’s Hire Equipment and the Company in respect of any customer or third party site; (b) ensure that the premises or other appointed site is secure at all times.
7. PRICE & PAYMENT
7.1 Terms are strictly on delivery unless otherwise agreed in writing. If payment is not effected within 30 days of termination of the hire period the Company reserves the right to charge interest on the hire charge at the rate of 3 per cent above the current bank rate of Barclays Bank PLC, such interest to accrue from the date of the termination of the hire period until the date of actual payment. (No receipt will be recognised unless given on the Company’s own official receipt form).
7.2 No deduction shall be allowed from the payment whether by set off counterclaim or otherwise.
7.3 The Customer charges do not include attendance by the Company’s employees or contractors except during the actual processes of erection and dismantling.
7.4 All monies due from the Customer to the Company under the Agreement shall immediately become payable.
7.5 All equipment hired is charged whether used or not. Equipment collected by the Customer will be charged extra if not returned on the day arranged.
8. VARIATION OF CONTRACT
8.1 The Company will have the right to alter the foregoing terms and conditions at any time provided always that in the case of current contracts prior notice in writing shall be given to the Customer not less than 30 days before the variation shall come into effect.
8.2 No variation of the Contract is binding on the Company unless agreed to in writing and signed by a Director of the Company.
9. NOTICE & CHANGE OF ADDRESS
The Customer shall advise the Company if the Customer has a change of address or telephone number.
The Company shall be entitled to send any notice, bill, statement or any other document whatsoever to the Customer at the address set out in the Agreement. Any document so sent by the Company shall be deemed to have been received by the Customer 2 days after posting by first class pre-paid post or by fax or email.
10. LOSS/DAMAGE & INSURANCE
10.1 Risk for the Hire Equipment shall pass immediately to the Customer upon it leaving the Company’s physical possession or control whereas ownership of it shall remain with the Company.
10.2 The Customer will be liable for any destruction, loss or damage to all or any part of the Hire Equipment during the time the Hire Equipment it is in the Customer’s possession and/or control and shall pay the full cost of any repair or replacement to the equipment (except for any destruction, loss or damage caused by the Company’s employees due to their proven negligence or wilful default whilst on the Customer’s premises or site.) PROVIDED THAT this clause 10 shall not apply to this Agreement if the Customer takes out the Company’s damage waiver policy.
10.3 The Customer will indemnify and keep the Company indemnified against any demand, claim, action or other proceedings brought against the Company resulting from any dispute as to the ownership, loss or damage of the goods stored/placed in or on the Hire Equipment or any damage or loss to any cables, pipes or drains on site including any costs, expenses, damages or loss suffered by the Company but not if due to the Company’s proven negligence or wilful default.
11. LIMITATION OF LIABILITY
11.1 The Company shall not be liable to the Customer or any third party (directly or indirectly) in respect of any breach of contract or tort/delict, negligence, breach of statutory duty or otherwise howsoever caused or arising, including:- (a) Consequential loss, including loss of profits and/or damage to goodwill; (b) Loss of business/business interruption, loss of contracts and or loss of opportunity; (c) Special damages and indirect damage or loss; (d) Economic and/or other similar losses AND whether relating to any event happening during or after the period of hire.
11.2 If the Company is found to be liable in respect of any loss or damage to the Customer’s property or goods, the extent of the Company’s aggregate liability to the Customer or any third party shall be limited to and not exceed the hire charge payable by the Customer
11.3 The Company shall have no liability to the Customer if, without just cause, any monies due in respect of the Hire Equipment and/or the services provided have not been paid in full when due.
11.4 All representations, warranties, terms, conditions and duties either express or implied by law in respect of fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
11.5 The Company 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 Agreement and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against the Company.
11.6 Nothing in this Agreement shall exclude or limit the liability of the Company for fraud, death or personal injury due to the Company’s proven negligence or limit or exclude any other type of legal liability that may not in law be excluded or limited.
12. DEFAULT & TERMINATION
12.1 The Company reserves the right to enter the Customer’s premises or Site without notice or without the Customer’s permission (or enter the premises of a third party with their consent) and remove/repossess any Hire Equipment for the purpose of inspection and cleaning and repairs to it or if such equipment is damaged by the Customer or third party or is if in the opinion of the Company such entry is required in
the interests of safety or to prevent damage or injury to persons or property or if the Customer is in material breach of any provision in this Agreement.
12.2 The Company may terminate the Agreement if any of the following events occur:-
12.2(a) The Customer fails to make any payment due to the Company;
12.2(b) The Customer breaches the terms of the Agreement 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;
12.2(c) There is a material breach of the Agreement by the Customer;
12.2(d) The Customer provides incomplete or materially inaccurate or misleading facts and/or information in respect of the Agreement;
12.2(e) The Customer ceases or threatens to cease to carry on business;
12.2(f) Being an individual or a partnership the Customer has been the subject of a Bankruptcy Petition or an Individual Voluntary Arrangement;
12.2(g) Being a Company, the Customer enters into a voluntary or compulsory liquidation or arrangement or where an administrator or administrative receiver is appointed or execution of other legal process is levied against the Customer or their property.
The Customer shall obtain all necessary permits or permissions from any Local Authority and shall make application where necessary to the Planning Authority District Surveyor, Police or Fire Brigade and any similar organisation and give due notice as may be required. Any extra costs incurred in delays or modification in the work arising from the absence of or misrepresentation of such necessary permission or permits shall be payable by the Customer and shall be deemed to be part of the Hire Charge for the purpose of this clause 13.
14. CANCELLATION OR EARLY TERMINATION OF CONTRACT
Once accepted an order for Hire Equipment cannot be cancelled by the Customer without the Company’s written Agreement except where cancellation is as follows: More than 28 days prior to the start of the hire – £200+VAT charge More than 14 days but less than 28 days prior to the start of the hire – 25% charge. Less than 14 days prior to the start of the hire – 50% charge. Less than 7 days prior to the start of the hire – 100% charge.
15. FORCE MAJEURE
While every effort will be made by the Company to carry out any order accepted, the full performance of it is subject to variation or cancellation by the Company consequent upon any event outside the direct control of the Company or its employees, contractors or agents. The Company shall have no liability to the Customer for any delay and non-performance of the Agreement to the extent that such delay or non-performance is due to any such force majeure event.
Each party shall treat as it does its own trade secret information, all information obtained from the other pursuant to the Agreement which is marked ‘Confidential’ or the equivalent or has the necessary quality of confidence about it.
17. ENTIRE AGREEMENT
These Terms and Conditions of Hire together with the Agreement (“the Agreement”) shall be the entire and sole agreement and understanding between the parties in respect of the Hire Equipment and shall be binding on them and supersede and replace any prior express or implied agreements, communications, representations or undertakings and shall not be amended, modified or altered in any way without the express written consent of the Company.
18.1 Severability – Each hire of an item of Hire Equipment shall form a distinct contract which shall be separate to any other contract in respect of other Hire Equipment. The illegality, invalidity or unenforceability of any clause of part of the Agreement will not affect the legality, validity or enforceability of the remainder.
18.2 Waiver – No waiver by the Company of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
18.3 Third Party Rights – All third party rights are excluded and no third party shall have any rights to enforce the Agreement under the Contract (Rights of Third Parties Act 1999) unless otherwise agreed in writing between the parties.
18.4 Assignment – The Customer shall not transfer, assign or part with benefit of the Agreement or any part of it without the prior written consent of the Company or permit the Hire Equipment to be used by any third party without such consent.
Any dispute, controversy or claim arising out of , relating to or in connection with this Agreement or the breach, termination or validity thereof shall in the first instance be referred to a mediator for resolution. The parties shall attempt to agree on the appointment of a mediator upon receipt, by either of them, of a written notice to concur in such appointment. If the parties should fail to agree to such appointment within 14 days either party may, upon giving written notice to the other apply to the President or the Deputy President of The Law Society for the appointment of a mediator.
20. LAW & JURISDICTION
The Agreement shall be governed by and construed in accordance with the laws of England and Wales, and disputes arising in respect of the Agreement shall be submitted to the non-exclusive jurisdiction of the English and Welsh Courts.