AMTEC Terms & Conditions of Hire

AMTEC

TERMS AND CONDITIONS OF HIRE

In these terms and conditions of hire (“Terms and Conditions”), unless the context requires otherwise:

‘Consumable items’ means, but is not limited to, parts of the Equipment that require regular replacement because of continuous wear and tear.

‘Owner/s’ means AMTEC of Gaydon Farm, Gaydon, Warwick, CV35 0EP

‘Hirer’, ‘They’, ‘Themselves’ means those people, companies or organisations who are hiring the equipment from the Owner.

‘Hire Charges’ means such charges as are payable by the Hirer for the hire of the Equipment.

‘Hire Period’ means such period for the hire of the Equipment as agreed between the Owner and the Hirer.

‘Equipment’ means all classes of plant, machinery, equipment, and accessories which the Owner agrees to hire to the Hirer.

‘Return’s Note’ means the confirmation in writing by the Owner, that the Equipment has been returned to the Owner and that the Equipment is in a suitable condition.

1.1  These Terms and Conditions shall be incorporated into every contract (“The Contract”) for the hire of Goods by the Owner. The Contract will be subject to these Terms and Conditions alone.

1.2  Any variation of the Terms and Conditions must be expressly agreed by the Owner.

CHARGES

2.1 The Hirer will pay the Hire Charges from the date the Equipment is delivered to the Hirer or from the date the Hirer collects the Equipment from the Owner (whichever is applicable) until the date the Equipment is received back by the Owner and has been approved by the Owner as being in a clean and serviceable condition.

2.2 All Hire Charges are payable on demand. A deposit will be charged for the Equipment as agreed by the Owner. Hire Charges may be quoted per 7-day week (subject to any applicable minimum Hire Charges) or such other time period as is agreed between the parties.

2.3 Where required by the Owner, the Hirer shall pay the cost of the transportation of the equipment from the Owner and return to the Owner on completion of the Hire Period.

2.4 Consumable items will be charged at retail or at an agreed estimate thereof (unless otherwise agreed by the Owner). Where Consumable items are supplied with the Equipment, no credit will be allowed for part used Consumable items returned on completion of the hire. Any unused Consumable items returned on completion of the hire will incur a 25% handling charge. All non-stock Consumable items supplied by the Owner are non-returnable.

COMMENCEMENT AND TERMINATION OF THE CONTRACT

3.1 The Hire Period shall commence from the time when the Equipment leaves the Owner’s premises and shall be terminated when the Equipment is received back at the Owner premises in good condition. The Owner shall have the absolute discretion to determine when and whether the Equipment is considered to be in ‘good condition’ for the purpose of the Contract.

3.2 The Hirer’s responsibility for the Equipment commences on delivery or receipt of the Equipment and ends when the Hirer is in possession of the Owners Returns Note for the Equipment.

HIRER’S RESPONSIBILITIES

4.1 The Hirer will be responsible for ensuring that they are fully covered by insurance for theft, damage to the Equipment and any risks involved in the use of the Equipment.

4.2 Unauthorised Re-hiring of Equipment the Hirer agrees that they will not sell, re-hire, sub-let or lend to any third party or otherwise part with control of the Equipment.

4.3 The Hirer shall ensure that the Equipment remains safe, serviceable and clean, and shall ensure that at all times the Equipment is used in compliance with any instructions given by the Owner, (unless stated otherwise by the Owner) and all relevant statutory and regulatory requirements.

4.4 The Hirer is responsible for maintaining the wearing metal of the Equipment and avoiding any premature wear to adjoining parts. The Hirer agrees to pay for the replacement of such adjoining parts should they be excessively worn due to Hirer’s negligence.

4.5 The Equipment must not be removed from the address agreed with the Owner, without the Owner’s written authority.

4.6 If the Equipment is lost, stolen or cannot be retrieved by the Owner (for any reason whatsoever), the Hire Period will be deemed to have ended when the Hirer pays to the Owner the full listed retail value of the Equipment.

4.7 The Hirer must return the equipment in the same condition as when it was supplied, with the exception of reasonable wear and tear which may occur during the period of hire. The Hirer must clean the equipment before it is returned to the Owner.

4.8 Where the Equipment is returned to or collected by the Owner and it is damaged or unclean, the Hirer will pay all costs incurred by the Owner in rectifying the condition of the Equipment. Hire Charges will continue to accrue until such time as the rectification has been completed by the Owner.

4.9 The person signing the Contract is hereby deemed to accept that the Equipment is in good working order and free of damage at the time of delivery or collection, unless expressly stated by the Hirer within 12 hours from the time of delivery or collection.

4.10 If the Equipment is damaged whilst being loaded or unloaded, the Hirer will be responsible for the damage unless such damage was caused by the Owner’s negligence.

4.11 Any breakdown or unsatisfactory working of the Equipment must immediately be notified by phone to the Owner. Under no circumstances shall the Hirer repair or attempt to repair the Equipment except for changing tyres or mending punctures unless authorised to do so by the Owner. Such Equipment must be returned to the Owner if requested. In the event that the Hirer carries out any unauthorised repairs, the Hirer shall be responsible for all costs incurred by the Owner in remedying or rectifying any issues that arise from such unauthorised repairs and for all lost Hire Charges suffered by the Owner as a result.

4.12 The Hirer shall be responsible for all expense involved arising from any breakdowns and all loss or damage incurred to the Equipment due to Hirer’s negligence and for any loss of business incurred by the Owner during the period the Equipment is unable to be used due to such breakdown or damage.

4.13 The Hirer authorises the Owner, its employees or representatives, to enter upon any premises wherein the Owner reasonably believes the Equipment or any part thereof to be, and if, and in so far as, the Owner in its absolute discretion deems necessary, to inspect, test repair, replace or repossess the same.

4.14 The Hirer shall not remove or cover up any nameplate or identification mark or number on the Equipment, nor put any mark on the Equipment which might indicate that it belongs to the Hirer.

4.15 It shall be the Hirer’s responsibility to ensure that the Equipment hired meets the Hirer’s purpose. The Owner shall not be liable in the event that the Hirer hires Equipment that is not suitable for the Hirer’s needs.

LIABILITY

5.1The Hirer shall at all times indemnify the Owner against and from any and every expense, liability, loss, claim or proceeding whatsoever in respect of any personal injury whatsoever, (including, but without prejudice to the generality of the forgoing, injury to the hirer [if the same is possible] and injury to any servant, employee or agent of the hirer) and in respect of damage to any property whatsoever (including the Equipment) arising out of or in connection with or consequent upon the hire, delivery, non-delivery, breakdown or stoppage of same, use, misuse, non-use, repossession, collection, return or non-return of the equipment or any part thereof unless caused by the Owner’s negligence.

5.2 If the Equipment is involved in any accident resulting from injury to persons or damage to property, immediate notice must be given to the Owner by telephone and confirmed in writing. In relation to any claim in respect of which the Hirer is not bound fully to indemnify the Owner, no admission, offer, promise of payment shall be made by the Hirer without the Owner’s consent in writing.

5.3 To the extent permitted in law, the Owner’s liability in respect of all claims shall be limited to the Hire Charges paid by the Hirer in respect of the hire of the Equipment.

5.4 The Owner accepts no liability for any indirect or consequential loss suffered by the Hirer.

5.5 The Owner does not accept liability for stoppages through causes outside the Owner’s control including (but not limited to) bad weather or ground conditions nor shall the Owner be responsible for the cost or expense of retrieving any Equipment from soft ground or other such locations where access is restricted.

TERMINATION

6.1 The Owner may terminate the Contract immediately in the event that the Hirer commits a material breach of the Contract.

6.2 The Owner may terminate the Contract if the Hirer takes any steps or actions in connection with or is made bankrupt or enters into any arrangement with its creditors including having a receiver appointed to any of its assets or ceasing to carry on business or suspends or ceases to carry on all or any part of its business.

GENERAL

7.1 The Owner and the Hirer agree to comply with their respective obligations under the General Data Protection Regulation (GDPR) and Data Protection Act 2018 (and all other applicable statutes directives or regulations which may supplement, amend or replace them) (“Data Protection Legislation”) in respect of any Personal data supplied or received in connection with this Contract.

7.2 None of the Hirer’s rights or obligations under the Contract may be assigned or transferred without the Owner’s prior written consent.

7.3 The Owner may assign its rights under this Contract and may subcontract any work relating to the Contract.

7.4 Any notice or other communication to be given under this Contract must be in writing and may be delivered or sent by pre-paid first-class post. Any notice or document will be deemed served, if delivered, at the time of delivery and if posted, 48 hours after posting.

7.5 The invaliding, or enforceability of any element of this Contract shall not prejudice the effectiveness of the remainder of this Contract.

7.6 If the Owner waives any of its rights under this Contract, this shall not be considered as a waiver of any subsequent breach of the same or any other provision in the Contract.

7.7 A person who is not a party to this Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.

7.8 This Contract shall be governed by English law and the Owner and the Hirer submit to the exclusive jurisdiction of the English courts.