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Groundcare Equipment Rental

Equipment Hire Terms

Acacia Groundcare Equipment Rental Limited Terms And Conditions Of Hire
1. Definitions and general
The Owner means Acacia Groundcare Equipment Rental Limited (company number 5937672) whose registered office is at 1 Paper Mews, 330 High Street, Dorking, Surrey RH4 2TU and includes its successors or assigns.
Hire Agreement means an agreement which incorporates these terms and conditions and the terms overleaf and made between the Owner and the Hirer for the hire of Plant.
The Hirer means the company, firm, person or public authority shown overleaf taking the Owner's Plant on hire and includes their successors or personal representatives.
'Plant' means all classes of plant, machinery, tool, device and/or article together with any accessories specified overleaf which the Owner agrees to hire to the Hirer.
The term "Owner's Employee" shall mean any employee of the Owner whose job is either to drive or operate the Plant or to provide any other services in connection with the Plant.
"Advice" means any designs, drawings or specifications in relation to the Plant or any information or advice as to the planning, supervision or control of the Hirer's operations or the installation of the Plant.
Hire rates are the Owner's current standard rates for hire of the Plant unless otherwise agreed.
Weekly rates are for a 37.5-hour 5-day week. Additional charges will be made for shift work and weekend work.
These terms and conditions shall apply to the hire of all Plant by the Owner to the Hirer and shall not be overridden by any terms and conditions of the Hirer.

No variation of these terms and conditions will be effective unless agreed in writing by a director of the Owner. All terms other than those expressly set out in these terms and conditions are hereby excluded.
The signature of the Hirer overleaf signifies acceptance of these terms and conditions.
Where the Hirer deals with the Owner as a consumer these terms and conditions do not and will not affect his statutory rights which may not be excluded or limited due to the Hirer acting as a consumer. For further information about statutory rights the Hirer may contact their local authority Trading Standards Department or Citizen's Advice Bureau.

These terms and conditions shall be governed by and construed according to the laws of England and the courts of England shall have exclusive jurisdiction in relation to any disputes arising.

2. Basis of charging
The Plant is hired to the Hirer subject to these terms and conditions and to the terms set out overleaf. The Hirer agrees to pay the hire charges which will commence from the time and at the rate(s) shown overleaf and continue until the Plant is returned to or collected by the Owner and a receipt issued by the Owner. The Owner's prices are, unless otherwise stated, exclusive of any applicable VAT for which the Hirer shall additionally be liable. Telephone off-hires will not be accepted unless validated by an off-hire number notified by the Owner to the Hirer.

3. Other charges
Hire charges relate solely to the hire of the Plant. They do not include fuel and oil supplied with the Plant, carriage to and from the Owner's premises, sharpening charges to the cutting edges of certain machinery (which the customer will be informed of at the time of hire), charges in relation to the supply of an Owner's Employeeor any other costs incurred by the Owner, all of which will be charged separately to the Hirer.

When carriage charges are quoted by the Owner, such charges will include a charge for a maximum of 30 minutes attendance by the Owner's vehicle at the address specified by the Hirer. Further time will paid for by the Hirer.

4. Payment terms
All charges are payable on demand except that payment terms for authorised credit customers are 30 days net from the date of invoice. Time for payment shall be of the essence of the Hire Agreement. The Owner shall be entitled to charge interest at the rate of Barclays Bank plc base rate plus4% per month from the due date to the date of settlement. Should the Hirer fail to settle any invoice by the due date other than for a reason notified to and accepted by the Owner in writing, then all other invoices become payable immediately by the Hirer.

5. Loading and unloading the Plant
The Hirer shall be responsible for loading and unloading the Plant at the Hirer's site, and at the Owner's premises. Any Owner's Employee who helps load or unload the Plant is deemed to be an employee of the Hirer and the provisions of paragraph 6 shall apply.

6. Responsibility for Owner's Employees
When an Owner's Employee is supplied by the Owner with the Plant, the Owner shall supply a competent person but such person shall be under the direction and control of the Hirer. The Owner's Employee shall for all purposes connected with such employment be regarded as the servant of the Hirer who alone shall be responsible for any instruction, guidance and/or advice given by the Hirer to any Owner's Employee and for any damage which occurs as a result of such persons following the Hirer's instructions, guidance and/or advice except to the extent that the persons performing services are negligent. The Hirer shall fully and completely indemnify the Owner in respect of all claims by any person whatsoever for injury to persons or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising out of or in connect with any act or omission of the Owner's Employee whilst the Hirer is responsible for him except to the extent that the injury, loss or damage was caused by the negligence of the Owner or any of the Owner's Employees.

7. Advice
If the Owner or any of the Owner's Employees give any Advice it is provided strictly on the basis that it is for guidance only, and without any responsibility being accepted. The onus is on the Hirer to verify the accuracy and/or appropriateness of such Advice and to accept or reject it accordingly. If any such Advice is given it is given on the basis that no legal liability shall attach to the Owner or any of the Owner's Employees, except to the extent that the persons giving the advice are negligent, and the Hirer shall fully and completely indemnify the Owner and the Owner's Employees against all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising from the giving of such Advice.

8. Responsibility of persons signing
The person signing overleaf warrants that he has the authority of the Hirer to make the contract on the Hirer's behalf. The Owner shall be entitled to treat the Hirer as contractually bound by these terms and conditions unless the Hirer can demonstrate that there were no reasonable grounds for the Owner to believe that such person has authority to bind the Hirer.

9. Delivery in good order
The person signing overleaf has been afforded an opportunity to inspect the Plant which is deemed to be in good working order and wholly free from damage at the time of signature. If the Plant has been accepted on site by the Hirer, the Plant is also deemed to be in good working order and wholly free from damage at the time of delivery. Any shortages of Plant must be notified to the Owner within 24 hours. If the Hirer fails to do this hire charges will continue and the Hirer will be responsible for the cost of replacing shortage in accordance with paragraph 10.

10. Lost, non-returned, damaged or unclean Plant
The Hirer must immediately notify both the Owner and the police of any loss or theft of the Plant. When the Plant is not returned or is returned incomplete or damaged beyond economic repair, the liability of the Hirer, including without limitation the liability to pay hire charges, shall only cease when the Hirer pays to the Owner the manufacturer's current list price for the missing or incomplete item of Plant less the amount paid to the Owner under any policy of insurance taken out in accordance with these terms and conditions. In the event that Plant is manufactured to the Owner's design the cost of the missing or incomplete item is the current price charged by the Owner to a customer who wishes to purchase that item of Plant. The Hirer agrees to pay to the Owner all costs incurred by the Owner in rectifying the condition of the Plant if it is returned damaged, unclean or in a defective state except where due to fair wear and tear and/or an inherent fault in the Plant. Hire charges will continue until such rectification is complete. The Hirer shall pay the hire charges in full up to and including the date it notifies the Owner that the Plant has been lost, stolen or damaged beyond economic repair or the date the Plant is returned damaged, unclean or in a defective state, as applicable. From that date until the Owner has replaced, repaired or cleaned such Plant, the aforementioned hire charges payable by the Hirer shall be, as a genuine pre-estimate of lost rental profit, a sum as liquidated damages being equal to two thirds of the hire charges that would have applied for such Plant for that period.

11. Maintenance of Plant and breakdown procedures
The Hirer shall ensure that the Plant remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of Plant must be immediately notified to the Owner. Under no circumstances shall the Hirer repair the Plant unless authorised by the Owner. Such Plant must be returned to the Owner's premises for examination or when rectification elsewhere is requested, the Hirer agrees to pay carriage if required by the Owner. The Hirer shall pay for all repairs except repairs necessary to the Plant during the hire period which arise as a result of fair wear and tear, an inherent fault and/or the negligence of the Owner. Punctures are to be mended by the Owner but at the cost of the Hirer.

12. Safe use of the Plant
The Hirer confirms that it has the necessary knowledge and experience to operate and use the Plant. The Hirer will not misuse the Plant. The Hirer will not allow any person to use the Plant who is not properly instructed in its use and will ensure that all applicable health and safety rules and regulations and any instructions for use supplied with the Plant are observed.
Where the Plant comprises electrical equipment it must be connected to the correct supply by a qualified electrician. The Hirer is responsible for providing a suitable 3 phase and earth supply to the base of each item for Plant.

13. Security of the Plant
The Hirer shall not sell or otherwise part with possession and/or control of the Plant and shall remain responsible for the Plant and its safekeeping during the hire period. Plant must not be removed without the authority of the Owner from the site specified by the Hirer if the Plant is collected by the Hirer, or from the address to which the Owner has delivered the Plant. The Hirer shall keep the site at which the Plant is located safe and secure.

14. 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 suitable ground conditions for the erection, operation and dismantling of the Plant.
No responsibility will be accepted by the Owner for damage to any surface over which the Plant 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 Plant.

15. Hirer's responsibility - third parties
The Hirer shall fully and completely indemnify the Owner in respect of all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising from or in connection with the use of the Plant except to the extent that the injury, loss or damage was caused by the negligence of the Owner or any of the Owner's Employees.

16. Limitation of liability
The Owner's total liability to the Hirer under and/or arising in relation to the Hire Agreement shall not exceed 5 times the amount of the hire charges under the Hire Agreement. In relation to the death of or personal injury to any person caused by the negligence of the Owner or any of the Owner's Employees, nothing in these terms and conditions excludes or limits, or purports to exclude or limit, the direct liability of the Owner to that person or his representative(s), nor excludes or limits any other type of liability which it is not permitted to exclude or limit as a matter of law. Any dates for delivery or collection are approximate and time is not of the essence in relation to delivery. The Owner shall not be liable for any delays or non-performance caused by circumstances beyond its reasonable control.

17. Consequential losses
The Owner shall not be liable for any indirect or consequential expenses, liabilities, losses, claims or proceedings whatsoever caused by, or arising out of, the late delivery, non-delivery, unsuitability or repossession of the Plant, or any breakdown or defect in the Plant, including without limitation: i) loss of profits; ii) damage to goodwill; iii) pure economic loss; iv) business interruption; or v) loss of business, contracts or opportunity.

18. Insurance and notification of accident
Risk in the Plant shall pass immediately to the Hirer when it leaves the physical possession or control of the Owner and shall not pass back to the Owner from the Hirer until the Plant is back in the physical possession of the Owner (and this shall apply even if the Supplier has agreed to cease charging the hire charges). Ownership of the Plant remains at all times with the Owner. The Hirer shall be responsible for obtaining all prudent insurance cover, including third party liability and cover against loss or damage to the Plant. The Hirer shall produce on demand to the Owner a copy of the policy or policies. The Hirer shall hold on trust for the Owner all policy proceeds in or towards satisfaction of the Hirer's obligations under paragraph 10 above. If the Plant is involved in any accident resulting in injury to persons or damage to property immediate notice must be given to the Owner by telephone and confirmed in writing. The Hirer shall not admit any liability or compromise any claim relating to the Plant without the consent in writing of the Owner.

19. Period and determination of hire
If the Hirer is an individual within the meaning of the Consumer Credit Act 1974 the maximum period of hire shall be 3 months.
The Owner shall be entitled at any time and for any reason whatsoever and without explanation to terminate the hire contract by giving not less than 7 days' notice to the Hirer and to repossess the Plant. Without prejudice to the foregoing and to any other rights or remedies which the Owner may have, the Owner may terminate the Hire Agreement without liability to the Hirer immediately on giving notice to the Hirer, may withhold the performance of any services and cease any services in progress under the Hire Agreement and, except where the Hirer is acting as a consumer, the Owner may enter, without prior notice, any premises of the Hirer (or premises of third parties with their consent) where Plant owned by the Owner may be and repossess any Plant, and all monies owed by the Hirer to the Owner shall immediately become due and payable, if the Hirer does any of the following:
19.1 fails to make any payment to the Owner when due without just cause;
19.2 breaches the terms of the Hire Agreement and, where breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;
19.3 persistently breaches the terms of the Hire Agreement;
19.4 pledges, charges or creates any form of security over any Plant or proposes to compound with its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress/diligence, execution or other legal process is levied on any property of the Hirer, has a bankruptcy petition/petition for sequestration presented against it or the Hirer takes or suffers any similar action in any jurisdiction;
19.5 being a company, ceases or threatens to cease to carry on business, enters into voluntary or compulsory liquidation, has a receiver, administrator or administrative receiver or in the Republic of Ireland an examiner appointed over all or any of its assets, any attachment order/arrestment is made against the Hirer, any distress/diligence, execution or other legal process is levied on any property of the Hirer or the Hirer takes or suffers any similar action in any jurisdiction;
19.6 appears reasonably to the Owner due to the Hirer's credit rating to be financially inadequate to meet its obligations under the Hire Agreement; or
19.7 appears reasonably to the Owner to be about to suffer any of the above events.
Upon termination the Hirer shall immediately return the Plant to the Owner or make the Plant available for collection by the Owner as requested by the Owner and pay to the Owner all arrears for hire charges and any other sums payable under the Hire Agreement.

20. Right to access
The Hirer shall allow the Owner access to the Plant at all reasonable times for the purpose of inspection, maintenance, replacement or repossession.

21. Invalidity
Should any of these terms and conditions be held to be invalid such invalidity will not affect the validity of the remaining terms and conditions.

22. Third party rights
All third party rights are excluded and no third parties shall have any rights to enforce the Hire Agreement.

23. Entire Agreement
These terms and conditions and the form overleaf constitute the entire agreement between the Hirer and the Owner relating to the subject matter of these terms and conditions. Nothing in this condition excludes or limits any liability for fraud. If there is any conflict between these terms and conditions and the terms overleaf, the terms overleaf shall prevail.

24. Assignment
The Hirer shall not, without the prior written consent of the Owner, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Hire Agreement.