Plant, Access and Tool Solutions Ltd

Terms and Conditions of Hire and Sale
Definitions
a. The “Supplier” means Plant, Access and Tool Solutions Limited trading as Plant and Tool Solutions, company number 6858041, whose registered office is at Yorkshire House, East Parade, Leeds, West Yorkshire LS1 5BD, and includes its successors and assigns.
b. The “Hirer” is the company, firm, person or other organisation hiring and/or purchasing the Equipment, and includes their successors or personal representatives.
c. The "Equipment" means all plant, machinery, equipment and accessories which the Supplier agrees to supply to the Hirer.
d. The "Contract" is the contract for the hire and/or sale of Equipment.

1.  Entirety of Contract
These Terms and Conditions of Hire and Sale, together with the particulars set out overleaf, and any other document which the parties agree in writing to incorporate by way of reference (and it is agreed that any terms or conditions imposed by the owner of the Equipment and which the Hirer or his agent signs at the time of delivery shall be incorporated in the Contract), are the only terms or conditions which shall apply to the Contract.  They shall supersede any prior promise, statement or understanding, and override any terms or conditions of the Hirer. 

2.  Extent of Contract and Cancellation

1. The Contract is effective when the Hirer has placed an order detailing his requirements and the Supplier has accepted the order. 
2. The Supplier reserves the right to charge for cancellation, including for all costs, damages, charges and expenses incurred by the Supplier as a result of cancellation.
3. Hires to individuals or partnerships of individuals (or other unincorporated body of individuals) shall not be for a period in excess of three months; the Hirer in these circumstances must return the Equipment before the last day of the three month period.
4. Acceptance of the Equipment on site by the Hirer or its delivery on site in accordance with the Hirer’s instructions signifies acceptance of these terms and conditions unless otherwise agreed in writing.
5. Equipment is hired subject to being available for hire to the Hirer at the time required by the Hirer. The Supplier will not be liable for any loss suffered by the Hirer as a result of the Equipment being unavailable for hire where the Equipment is unavailable due to circumstances beyond the Supplier’s control.

3. Responsibilities of the Hirer and Person making the Contract
The person making the Contract “the agent” warrants that he has authority of the Hirer to make this Contract on the Hirer’s behalf and hereby agrees to indemnify the Supplier against all losses and costs that may be incurred by the Supplier if this is not so.  The agent and Hirer jointly and severally hereby undertake to ensure that anyone using the Equipment has the necessary knowledge and experience to operate and use the Equipment.  The Hirer will not misuse the Equipment.  The Hirer will not allow any person to use the Equipment who is not properly instructed in its use and will ensure that all applicable health and safety rules and regulations are observed.  See clauses 8 to 19 (inclusive) for further responsibilities of the Hirer.

4. Notice of Termination of Contract
Where the period of hire is indeterminate or having been defined becomes indeterminate the Contract shall be determinable by seven days' notice in writing given by either party to the other except in cases where the Equipment has been lost or damaged.  The Hirer remains responsible for the safekeeping of the Equipment until it has been collected or returned to the Supplier and may be charged in lieu for the period of the seven days' notice.  Notice shall be given to the Supplier’s Head Office.  Notice given to the Supplier’s driver or operator shall not be deemed to constitute compliance with the provisions of this clause.
The Supplier may terminate the Contract and repossess Equipment without affecting any rights to recover monies due, damages for breach of contract or other remedies where the Hirer is in breach or is involved in insolvency or liquidation proceedings.

5. Basis of Charging
The Hirer will pay the hire charges and any other charges set out in the Contract.  Where the Hirer has a credit account with the Supplier, the terms of payment are 30 days from invoice date.  Where no credit account is in place, the terms of payment are as agreed at the time of the order acceptance. 
Hire charges will commence from the time or events stated in the Contract and will continue during the period of hire until as the case may be the Equipment is treated as off-hire pending collection by the Supplier or until the Equipment is returned to the Supplier in a clean and serviceable condition against the Supplier’s receipt.  Unless otherwise agreed all time is chargeable, including weekends and bank holidays.  Telephone off-hires will not be accepted unless validated by an off-hire number notified by the Supplier to the Hirer.
The Supplier may require the Hirer to provide details of a valid credit or debit card upon hire of the Equipment as a form of deposit, in which event the Supplier reserves the right to present these details for payment of any sums due under the Contract.
All errors or omissions in invoices must be raised within fourteen (14) days of invoice date or then will be deemed to be waived.
If any payment is not made on the due date the Supplier will be entitled to charge interest on the amount or amount overdue at the Bank of England base rate plus 4% calculated on a daily basis.  The payment of such interest is without prejudice to any other rights or remedies of the Supplier.
The Supplier may set off from sums due to the Hirer any sums due from the Hirer to the Supplier in respect of any contract and to withhold sums due to the Hirer in the event of any claim or dispute in respect of the Contract.

6. Consumables and Other Charges

1. Fuel, oil and grease when supplied by the Supplier shall be charged at net cost and when supplied by the Hirer shall be of a grade or type specified by the Supplier.
2. The cost of cleaning and re-sharpening, and except where written agreement to the contrary has been made, any breakages and damage repair shall be charged to the Hirer.
3. The Hirer will pay to the Supplier at net cost all consumables and other materials used or supplied for the working of the Equipment.

7. Delivery and Acceptance
All times quoted or stated for delivery are approximate only. Hire charges do not include delivery. Any expenses incurred by the supplier in delivering or collecting Equipment or attempting the same, will be paid by the Hirer. Where delivery charges are quoted by the Supplier such charges will include only the time required to load or unload at the address specified by the Hirer in the Contract. Further time or attendance will be paid for by the Hirer. Equipment transported in the Hirer’s own vehicle is at the Hirer’s risk.

8. Access and Ground Conditions
The Hirer is responsible for the provision of free and suitable access to and from the site (including the removal and reinstatement of local obstructions) and for ensuring the ground conditions for the erection, operation and dismantling of the Equipment.  No responsibility will be accepted by the Supplier for damage to any surface over which the Equipment has been moved to reach its intended position of use and the Hirer should therefore take steps to protect surfaces (paving slabs, soft ground etc.) before delivery of the Equipment.  The Hirer will be responsible for any costs or expenses of recovering any Equipment from soft ground whether an operator is supplied with such Equipment or not.

9. Loading and Unloading the Equipment

The Hirer shall be responsible for loading and unloading the Equipment at the Hirer’s site, and likewise at the Supplier’s premises when transported by the Hirer.  Any personnel supplied by the Supplier for such loading and/or unloading shall be deemed to be under the direction and control of the Hirer.

10. Responsibility and Indemnity of the Hirer for Loss and Damage

1. The Hirer’s responsibility for the Equipment commences on the receipt of the Equipment by the Hirer or his agent or on delivery as requested and ends only when the Hirer is in possession of the Supplier’s unqualified receipt for all the Equipment. 
2. During the continuance of the hire period the Hirer shall, subject to the other provisions of the Contract, make good to the Supplier all loss of or damage to the Equipment from whatever cause the same may arise, fair wear and tear excepted, and shall also fully and completely indemnify the Supplier in respect of all claims by any person whatsoever for injury to person or property caused by or in connection with or arising out of the storage, transit, transport, unloading, loading or use of the Equipment during the continuance of the hire period, and in respect of all costs and charges in connection therewith whether arising under statute or common law.  
3. Nothing in this clause shall affect the statutory rights of the Hirer or purport to exclude any liability which may not be excluded under the Unfair Contract Terms Act 1977 or any other statutory modification thereof.

11. Electrical Equipment
Where the Equipment is electrical in part or in whole it should normally be used with plugs and/or sockets as fitted but if temporarily fitted with other suitable plugs or sockets, this must be carried out by a competent person who must also reinstate it to its original condition.  It will be the Hirer’s responsibility at all times to arrange a suitable supply of electricity for use with the Equipment.  Under no circumstances should electrical Equipment be used without it being correctly earthed unless it is of double insulated specification.

12. Maintenance of Equipment and Breakdown Procedures
The Hirer shall ensure that the Equipment remains safe, serviceable and clean.  Any breakdown or unsatisfactory working of Equipment must be immediately notified to the Supplier.  Under no circumstances shall the Hirer repair or attempt to repair the Equipment unless authorised by the Supplier.  The Equipment must be returned to the Supplier’s premises for examination except where examination elsewhere has been mutually agreed upon.

13. Accident Reporting
If the Equipment is involved in any accident resulting in damage to the Equipment or other property or injury to any person, the Hirer will notify the Supplier immediately by telephone and confirm in writing.  The Hirer shall not admit any liability or compromise any claim relating to the Equipment without the consent in writing of the Supplier.

14. Operator of Equipment Supplied
When a driver or operator or any person (“the Operator”) is supplied by the Supplier (or by a third party on the Supplier's behalf) with the Equipment, the Supplier shall supply a person competent in operating the Equipment and such a person shall be under the direction and control of the Hirer.  Such Operator shall for all purposes in connection with their employment in the working of the Equipment be regarded as the servant or agent of the Hirer who also shall be responsible for all claims arising in connection with the operation of the Equipment by the Operator.  The Hirer shall not allow any persons to operate such Equipment without the Supplier’s previous consent in writing.

15. Advice
Any advice given by the Supplier or the Operator is for guidance only, and the Supplier accepts no liability for any such advice. 

16. Security of the Equipment and Protection of Supplier's Rights

1. The Hirer shall remain responsible for the Equipment and its safekeeping during the hire period.  Equipment must not be removed without the written consent of the Supplier from the site specified by the Hirer if the Equipment is collected by the Hirer, or from the address to which the Supplier has delivered the Equipment.  The Hirer shall keep the site at which the Equipment is located safe and secure.
2. The Hirer shall not re-hire, sell, mortgage, charge, part with possession of or otherwise deal with the Equipment except as provided under Clause 12 and shall protect the same against distress, execution or seizure and shall indemnify the Supplier against all losses, damage, costs, charges and expenses arising as a direct result of