K&D PLANT HIRE LTD, STANDARD TOOL HIRE AND SALE TERMS AND CONDITIONS
These Terms and Conditions shall apply to the rental of all tools and equipment (“the Equipment”) from K&D Plant Hire Ltd, trading under Whitby tool and plant hire (“the Company”) by customers who are renting the Equipment for personal or business use.
1 Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Customer” is the Company, firm, person, Corporation or public authority taking the Owners Tool or Plant on hire and includes their successors and personal representatives, subject to these Terms and Conditions;
“Deposit” means the sum payable by the Customer under Clause 4 of these Terms and Conditions and as set out in the Rental Agreement;
“Premises” means the Company’s premises from which the Customer will collect the Equipment and to which it will return it in accordance with Clause 6;
“Price List” means the Company’s price list, current at the time of the start of the Rental term;
“Rental” means the rental of the Equipment by the Customer subject to these Terms and Conditions;
A “day” shall be 8 hours or if the day is a Friday it shall be 7 hours unless otherwise specified in the Contract.
A “working week” covers the period from the starting time on the Monday to the finishing time on the Friday.
“Plant” covers all classes of plant, machinery, vehicles, equipment and all accessories thereof, which the Owner agrees to hire to the Customer.
“Rental Agreement” means the agreement entered into by the Customer and the Company incorporating these Terms and Conditions
which shall govern the Rental of the Equipment; and “Rental Fees” means the sum payable by the Customer for the Rental as determined under Clause
5 of these Terms and Conditions.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar 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 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
1.2.5 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.3 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.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
2. Rental Term
2.1 The agreed Rental term will be set out in the Rental Agreement.
2.2 If the Customer wishes to extend the Rental term they may do so at any time prior to the end of the Rental term. The Customer must contact the Company to arrange such an extension. Extensions may be made for up to 7days subject always to the existence of prior reservations made by other customers. The Company shall use all 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 Rental term.
2.3 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 days remaining in the Rental term 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.
3. Handling of the Plant
3.1 When a driver or operator or any person is supplied by the Company with the plant, the Company shall supply a person competent in operating the plant for such purpose for which the person is supplied and such person shall be under the direction and control of the Customer. Such drivers or operators or persons shall for all purposes in connection with their employment in the working of the plant be regarding as the servants or agents of the Customer (but without prejudice to any of clause) who also shall be responsible for any claims arising in connection with the operation of the plant by the said driver/operators/persons. The Hirer shall not allow any other person to operate such plant without the Owner’s previous consent to be confirmed in writing.
4.1 The Customer shall be required to pay a refundable Deposit to the Company at the commencement of the Rental term, prior to delivery of the Equipment. The sum of the Deposit shall be set out in the Rental Agreement.
4.2 At the end of the Rental term the Company shall fully inspect the Equipment upon its return by the Customer. If the Equipment requires cleaning, sharpening 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, sharpening 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 Rental Fees will be determined by reference to the length of the Rental term, the type and quantity of Equipment, the Price List and any additional items which may be included in the Rental, as set out in the Rental Agreement.
5.2 Payment shall be made in part or in full, as set out in the Rental Agreement, at the commencement of the Rental term. Payment may be made by cash, credit or debit card [or cheque (subject to the presentation of a valid cheque guarantee card). All cheques must be made payable to K&D Plant Hire Ltd or Whitby tool hire
5.3 All payments to be made in part will take the form of regular weekly or monthly payments. The Company will invoice the Customer on a weekly
or monthly basis. All payments shall be required within 14 days of the date of the relevant invoice.
6. Collection, and Return
6.1 Unless we agree otherwise, It is the responsibility of the Customer for collecting the equipment from us and for returning it to our depot at the end of the hire period. The equipment is your responsibility from the time we hand it over to you at our depot.
6.2 Our staff will sign for the equipment you return to us, which then becomes our responsibility.
6.3 The Customer may collect the Equipment from the Premises at the start of the Rental term. The Customer may only collect the Equipment once all payments required under Clause 4 have been made and any insurance requirements set out in Clause 11 have been complied with.
6.4 The Company shall use all reasonable endeavours to ensure that the Equipment is ready for collection at the start of the Rental term but shall not be liable for any lack of availability.
6.5 In the event that the Company is unable to provide the Equipment at the start of the Rental term [the Company shall deliver the Equipment to the Customer at the earliest possible date at the expense of the Company] OR [the Company will contact the Customer when the Equipment is available for collection]. The total Rental Fees payable by the Customer shall be adjusted accordingly to reflect the non-availability of the Equipment.
6.6 At the end of the Rental term, on the agreed date the Customer shall return the Equipment to the Premises at or before the time shown in the Rental Agreement.
6.7 If the Customer is late in returning the Equipment by more than 1 hour, the Company shall charge the Customer for an additional day’s rental at the normal daily rate for that Equipment. The Rental 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. Change of Site
7.1 The Plant shall not be moved from the site to which it was delivered or consigned without the written permission of the Company.
8. Use and Care of the Equipment
8.1 The Customer may only use the Equipment for the normal purpose for which it is intended.
8.2 All Equipment must be used in accordance with any and all operation and safety instructions or similar documentation provided.
8.3 [Certain items of Equipment may require specialist training prior to use. The Customer must ensure that such training is provided to those
under its authority that will use the Equipment during the Rental term.]
8.4 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.
8.5 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.
8.6 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.
8.7 All Equipment which uses consumables of whatever nature must only be used with official 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.
8.8 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.
8.9 All electrical equipment must only be used with the voltage specific to that piece of Equipment.
9.1 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 Rental.
9.2 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 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
9.3 If parts require replacement during the Rental 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
9.4 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 damage may result in the Customer being charged for the cost of replacement parts, associated labour, and / or the cost of providing substitute Equipment.
10. Protecting the equipment
10.1 The equipment must stay in your possession and control at all times. If we ask you to do so, you must give us the address of the site where the equipment is (or will be) located. You must not move the equipment off site. You must let us have access to the equipment whenever we reasonably need it.
10.2 While you have the equipment, you are responsible for looking after it and for taking all reasonable steps to protect it, in just the same way as
you would if you owned the equipment. In particular:
• you must take reasonable steps to keep the equipment secure; and
• you must take reasonable steps to avoid damage to the equipment.
10.3 While you have the equipment, you must not:
• modify or adapt the equipment or remove any labels;
• repair or try to repair the equipment, unless you have our permission (this does not prevent you from carrying out necessary running maintenance such as lubrication); or
• continue to use the equipment if it has been damaged.
11. Insurance, Title
11.1 The Company provides no standard insurance cover for the Equipment.
11.2 While you have the equipment, you will be responsible for fire, theft and damage (accidental or otherwise) to the equipment. Your responsibility continues until we have signed for the equipment when you return it to us (or we collect it from you). This means that your responsibility for the equipment continues while it is in your possession and control, even if you have told us that the equipment is off hire (equipment is ‘off hire’ when you have told us to collect it because you no longer need it).
11.3 In the case of smaller items of Equipment the Customer’s existing contents insurance may provide cover while the Equipment is on the insured property. It shall be the Customer’s responsibility to verify this with their insurers. In the case of larger items of equipment, whether covered by the Customer’s existing insurance or otherwise, the Company shall, at its discretion, require proof of insurance prior to releasing the relevant Equipment to the Customer.
11.4 If the equipment is stolen or damaged beyond economic repair (accidentally or otherwise) while you have it, you must let us know immediately. You will be responsible for paying us:
• the manufacturer’s recommended list price for the equipment, less a reasonable allowance representing the fair wear and tear to the equipment we hired to you; and
• two thirds of our standard hire charges for the period from the theft or damage until the time we receive your payment for the amount mentioned in the paragraph above.
We recommend that you check your insurance to make sure that it covers your responsibilities.
11.5 Title in the Hire Goods remains at all times with the Company. The Customer has no right, title or interest in the Hire Goods except that they are hired to the Customer. Title in any Products remains with the Company until all monies payable to the Company by the Customer for the Products have been paid in full.
11.6 The Customer must not deal with the title or any interest in the Hire Goods. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, exerting a lien and/ or lending. However the Customer may re-hire the Hire Goods to a third party with the prior written consent of the Company.
12.1 The Company will not be liable for any personal injury or damage to property which results from the improper use of the Equipment.
12.2 The Company shall be responsible for any foreseeable loss or damage that the Customer may suffer only as a result of the Company’s breach of these Terms and Conditions or as a result of the Company’s negligence. Loss or damage is foreseeable only if it is an obvious consequence of the Company’s breach or negligence or if it is
contemplated by the Customer and the Company when the Rental Agreement is formed. The Company will not be responsible for any loss
or damage that is not foreseeable.
12.3 [In any event, The Company’s total liability under these Terms and Conditions shall be limited to the value of the contract between the Company and the Customer, that is, the total Rental Fees payable by the Customer.]
12.4 Nothing in these Terms and Conditions seeks to 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.
12.5 Nothing in these Terms and Conditions seeks to exclude or limit the Company’s liability with respect to the Customer’s rights as a consumer (where the Customer is not contracting in the capacity of a business).
13. Data Protection
The Company will not share the Customer’s personal data with any third parties for any reasons without the prior consent of the Customer. Such data will only be collected, processed and held in accordance with the Company’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
14.1 Where the Customer is an individual, the Company shall be entitled to terminate the Rental Agreement in the event that:
14.1.1 the Customer is in breach of these Terms and Conditions;
14.1.2 the Customer has had their personal belongings confiscated in
order to satisfy debts; or
14.1.3 the Customer has a receiving order made against them.
14.2 Where the Customer is a company, the Company shall be entitled to terminate the Rental Agreement in the event that:
14.2.1 the Customer is in breach of these Terms and Conditions;
14.2.2 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.
14.3 In the event of termination for any of the above reasons:
14.3.1 all payments required under the Rental Agreement shall become due and immediately payable; and
14.3.2 the Company shall have the immediate right to request the immediate return of the Equipment or repossess the Equipment and may charge the Customer for any reasonable costs involved in such repossession.
15. Events Outside of the Company’s Control (Force Majeure)
The Company shall not be liable for any failure or delay in performing its obligations where that failure or delay results from any cause that is beyond its reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond the Company’s control.
16. Communication and Contact Details
The Customer may contact the Company in person at [any of] the Company’s branch[es], by telephone at 01947 881266 by email at firstname.lastname@example.org.
17. Other Important Terms
17.1 The Company may transfer (assign) its obligations and rights under these Terms and Conditions (and under the Rental Agreement, as applicable) to a third party (this may happen, for example, if the Company sells its business). If this occurs the Customer will be informed by the Company. 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.
17.2 The Customer may not transfer (assign) their obligations and rights under these Terms and Conditions (and under the Rental Agreement, as applicable) without the Company’s express written permission.
17.3 The Rental 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.
17.4 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.
17.5 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.
18. Governing Law and Jurisdiction
18.1 These Terms and Conditions (and the Rental Agreement) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
18.2 Any dispute, controversy, proceedings or claim between the Company and the Customer relating to these Terms and Conditions (or the Rental Agreement) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.
19. Buying equipment and consumables
19.1 If we agree to sell you the equipment or any consumables (for example, saw blades, drill bits or similar items associated with using the
equipment), the following conditions will apply.
• We will agree with you the price of the equipment and consumables. If we do not do this, the price will be that set out in our standard price list that applies at the date you order the equipment or consumables.
• Any time or date for delivering the equipment and consumables is only an estimate and we do not have to keep to it.
• We will stop being responsible for loss or damage to the equipment and consumables when we deliver them to you.
• Ownership of the equipment and consumables will not pass to you until we have received your payment for the equipment and consumables, together with payment of any other amounts you owe us under any other contracts we have with you. We will be able to take the equipment and consumables back if you fail to pay us on time, go into liquidation (whether voluntary or compulsory), enter into an agreement with your creditors, or have a receiver, administrative receiver or administrator appointed over all or any part of your assets, or if we have good reasons to think that you will not be able to pay.
• We guarantee that the equipment and consumables will be satisfactory quality. Our guarantee does not cover the quality of equipment which we have told you about or which you should have been aware of after having an opportunity to examine the equipment.
• Our total liability to you in connection with selling the equipment and consumables is limited to an amount equal to the price you paid (or are due to pay) for the equipment and consumables. The limit to our liability applies no matter whether our liability has arisen because we have not kept to our responsibilities under this contract, because we have been negligent, or for some other reason.
• We will have no liability to you at all for the following losses.
• Loss of profits.
• Loss of goodwill (such as customer loyalty).
• Loss of business.
• Loss of expected savings.
• Loss of production.
• Any loss which would not naturally have been expected to result from
Property of K&D Plant Ltd.