TERMS AND CONDITIONS OF HIRE
- Definitions
1.1. ‘Agreement’ means these terms and conditions of hire between Bell Container Trading Ltd 'the Lessor' and you, the customer as 'Lessee' and any other additional information, conditions and terms, as specified by the Lessor on any email or written correspondence, which will be read in conjunction with the terms and conditions under this Agreement.
1.2. ‘Collection’ means ‘the collection of Equipment by the Lessor or by a Lessor-appointed contractor from the Lessee’s Site’.
1.3. ‘Delivery’ means the ‘day of delivery of any Equipment by the Lessor or by a Lessor-appointed contractor to the Lessee’s Site’.
1.4. ‘Equipment’ means ‘any equipment on hire from the Lessor to the Lessee’.
1.5. ‘Hire’ means ‘the hire of Equipment under this Agreement or any other Agreement between Lessor and Lessee’.
1.6. ‘Hire Period’ means ‘the period from and including the date of Delivery to the date of Collection’.
1.7. ‘Minimum Hire Period’ means ‘a period of not less than four weeks, unless otherwise stated in any written correspondence, including quotations and email.
1.8. ‘Notice’ means ‘written notice to the Lessor by electronic message or facsimile’.
1.9. ‘Site’ means the ‘Site address under this Agreement or any other site where the Equipment is located’.
1.10. ‘Termination’ means ‘the termination of this Agreement.
- Hire Conditions
2.1. Hire charges will apply for the duration of the Hire Period including all weekends and public holidays.
2.2. The Lessor or Lessor’s sub-contractors remain the rightful owner of the Equipment at all times.
2.3. The Lessor accepts no liability for any damage, loss, consequential or otherwise, arising from the delivery, collection or usage of Equipment for any purpose and for any events including but not limited to, theft, fire or fire-related damage, condensation, moisture, spills or leakage, from or in relation to any Equipment, nor shall Lessor be responsible or liable for any damage on or to the Site, or otherwise, as a result of any third party’s actions including any contractors. Neither the Lessor nor any contractors shall, during the hire, delivery or collection, be responsible for any damage whatsoever to any foliage, over-head cables, power lines, trees, branches, fences, gates, walls, bollards etc. or ground surfaces (e.g. grass, kerbs, man-hole covers and sub-structures, footpaths, pathways, paving, gravel drives, roadway, driveway, flooring etc.) from any source, including from any leaks from the Equipment. All Deliveries and Collections are undertaken at Lessee’s own risk for which Lessee assumes responsibility and liability.
2.4. The Lessor makes no representations, warranties or guarantees either express or implied, relating to the Equipment, including but not limited to the design, quality and suitability for any particular use or purpose by the Lessee for the Equipment, including any Site specific requirements (which may vary). Client shall ensure competency for use of Equipment on-site and for any third party testing or certification (including lifting) if required on site (at its own expense). Measurements of any Equipment are indication only and while close, they may not be exact. Equipment is not specifically fire rated or certified.
2.5. Deliveries and Collections take place anytime between 07:00 and 18:30 - neither the Lessor nor the Lessor-appointed contractor shall be responsible for any delays or problems with Delivery or Collection. In the event of a loss or abortive journey or any delays on-site, the Lessee shall be solely liable for all transport charges (each way, for loss journeys or an aborted Delivery) and for additional charges, if applicable, in relation to additional time spent on-site or late cancellation charges, as noted above, where less than 2 working days’ written notice is given, to cancel.
2.6. The Lessor will endeavour to ensure Equipment can be delivered and collected in accordance with dates and schedules as notified / requested, however, please note Delivery and or Collection dates cannot be guaranteed and certain situations are beyond our control (e.g. traffic, weather conditions, vehicle issues, unit allocation etc.). As transport is contracted out on a third party basis, exact dates and times cannot be guaranteed and neither we nor the contracted transport company shall, for whatever reason, be liable or responsible for any delays or problems with Delivery and Collection and any follow on consequences, losses etc. which may arise from any such delays or problems. Neither the Lessor nor Lessor-appointed contractor shall be responsible if the lorry or lorry’s crane is unable to position units into position due to limitations when lifting units, which cannot be pre-determined. In addition, neither the Lessor nor the Lessor-appointed contractor shall be liable for any loss, expenses, costs, direct, indirect, consequential or otherwise arising from Delivery and Collection (including any fines or penalty charges notices incurred; for which the Lessee shall be solely liable) or as a result of any delays or problems with Delivery and Collection.
2.7. The Lessee agrees to comply with all its obligations under this Agreement and shall not default on any payments to the Lessor and the Lessee agrees to settle any outstanding payments due under this Agreement within 30-days of invoicing, unless other prior and documented payment terms have been agreed with the Lessor and the Lessee has a trading history with the Lessor.
2.8. Without prejudice to the Lessor’s rights to arrears of Hire charges or damages arising from this Agreement, the Lessor may terminate this Agreement and arrange for Equipment Collection in the event of a breach of any of its terms by the Lessee. The right of Termination and Collection shall also apply if the Lessee: abandons or moves the Equipment, defaults on any payment under this Agreement, is subject to bankruptcy or insolvency or related proceedings and if, in the reasonable opinion of the Lessor, becomes unable to or is unlikely to fulfil any of its obligations under this Agreement. Any costs incurred by the Lessor in the Collection of Equipment and in connection with payment defaults will be borne by the Lessee.
2.9. Notwithstanding Clause 2.8, should Termination result in the Lessee having no further Equipment, the Lessee shall ensure that all outstanding payments under this Agreement have been settled in full prior to the date of Collection. Upon Termination, the Lessee shall ensure that all property (save for any furniture or similar items provided by the Lessor to the Lessee under this Agreement) is removed from the Equipment prior to the date of Collection. Any property not so removed may be held by the Lessor as security until payment is received. On the date of Collection, neither the Lessor nor the Lessor-appointed contractor shall be required to inspect the Equipment for the presence of any such property. The Lessor shall not be liable to the Lessee or any third party for any damage or loss to any such property (not owned by the Lessor) which remains in the Equipment.
2.10. This Agreement, including all terms and conditions contained herein and other important information sent within any correspondence originating from the Lessor are the only terms and conditions on which the Lessor shall supply any Equipment and will apply to the exclusion of all other terms and conditions including any terms and conditions which the Lessee or any third party purports to apply under any purchase order, confirmation of order or similar document and any terms and conditions which may otherwise be implied by trade, custom, practice or course of dealing.
2.11. The Lessor shall be entitled to inspect, repair and replace the Equipment and the Lessee hereby authorises the Lessor at all reasonable times to enter its Site for such purposes. The Lessor reserves the right to amend these terms and conditions, from time to time, as it sees fit for reasons it considers appropriate to its business.
- Lessee’s Responsibilities
3.1. The Lessee agrees to hire the Equipment, jointly, if applicable with any joint Lessees (as noted above) for at least the Minimum Hire Period.
3.2. This Agreement shall not terminate on the expiry of the Minimum Hire Period.
3.3. The Lessee shall be responsible for Termination and shall give no less than 7 days’ Notice to arrange Equipment Collection. The Lessor accepts no responsibility for non-collection should less than 7-days written notice be given.
3.4. For any termination of the Agreement in advance of the Minimum Hire Period, the Lessor reserves the right to increase its charges if the Lessee has received discounted rates based on the agreed Minimum Hire Period.
3.5. The Lessee shall be solely responsible for obtaining any necessary permission and consents in relation to Equipment and, irrespective of any site visits or photos sent to or seen by Lessor, for ensuring successful Delivery and Collection of Equipment by verifying the Site and surrounding area, including but not limited to ensuring clear access routes, road and roadways for hi-ab vehicles and access for additional trailer or articulated vehicles (i.e. for pair deliveries and collections), ensuring prior removal of any obstructions on-and off-Site, e.g. non-essential personnel, over hanging cables, poles, branches, skips and parked vehicles and suspending any parking bays, if need be (which may impede Delivery and Collection) and ensuring that there is sufficient room for the vehicles to position into place and collect Equipment (for crane off-load / position). Lessee shall solely be responsible to ensure ground conditions and site access (including roadway) are suitable for vehicles and containers, i.e. sufficient width and height clearance, level, hard-standing and not grassy, muddy or uneven (sites must ensure this and, if required, have necessary track-ways / sleepers / pads (to level units) prior to Delivery. Neither Lessor nor contractor shall be responsible for any damage caused to any property (including trees, branches, cables, ground surfaces etc) should access into and on-site not be suitable. Contractor may refuse to carry out any Delivery or Collection and drive over into any roadway, Site or over any surface on-Site which they deem unfit or unsafe and, in the event of any delays, aborted Delivery or Collection due to such on-site problems, or if trailer needs to be parked on or off-site and units shunted between lorry and trailer, the Lessee shall be responsible and liable for additional transport charges incurred. Unless otherwise agreed in writing, contractors are unable to lift or move loaded Equipment and, any such site moves are carried out at Lessee’s own risk and Equipment must be delivered to and collected from road-level. Final position and layout of Equipment on Site, is subject to contractor’s approval which may take into consideration any site and access limitations in relation and the reach of the crane.
3.6. If Equipment consists of any waste tanks, Lessee shall be responsible for ensuring regular emptying either through the Lessor’s appointed supplier (costs as noted above or on any correspondence) or their own. Lessee shall ensure, prior to Delivery that the Site and location of Equipment on-Site are accessible for 32 tonne tanker to empty waste tank and, at the end of Hire, Lessee shall be responsible for ensuring waste tank is completely empty, prior to Collection. Any Equipment including but not limited to toilets, waste tanks, flat-pack units, offices, canteens & self-contained units, may be cross-hired from a third party contractor at the sole discretion of the Lessor. Any cross hired Equipment or equivalent which require any site visits, repairs, or issues (including costs) which require attention shall be dealt with by the third party (subject to their pricing) and shall be passed to the Lessee and therefore out of the Lessor’s remit.
3.7. The Lessee shall be responsible for the safe-keeping and security of the Equipment including any property stored or used therein (ensuring such property is stored securely, safely and adequately protected inside the Equipment) and Lessee shall ensure the Equipment is used in a proper, professional, safe and workman-like manner and is not used for or, in connection with any illegal, fraudulent, dangerous or immoral purposes or activities. Lessee shall also be responsible, if applicable, for connection of Equipment into mains water, drainage, waste tanks and electrics (inc. certification) on-Site, as well for ensuring water pressure is regulated correctly, prior to connection into Equipment. For any flat-pack Equipment, the Lessee shall be solely responsible for offloading, assembly and dismantling. For any self-contained units, Lessee is responsible (at its own cost) to top-up any oil, coolant, fuel and other consumables required, including having spill kits to hand and protecting the ground with any sumps or equivalent.
3.8. All Equipment is tested and delivered in working order, however, the Lessee shall report to the Lessor any problems with electrics, doors, switches, sockets, pipework, toilet and urinal cisterns, heaters and hot-water boilers (‘Internal Equipment’) by no later than 14 days from Delivery to Site. After the expiration of this 14 day period, the Lessor shall not be liable to repair or replace any Internal Equipment, free of charge, and the repair and replacement of Internal Equipment remains the Lessee’s responsibility. If required, costs (including site visits) to repair and, if necessary, replace Internal Equipment will be charged to the Lessee. If the Lessee replaces any Internal Equipment itself, any such replacement items, shall be of an equivalent specification to items as supplied with the Equipment. Any issues whatsoever, with flat-pack units must be reported to the Lessor in writing, within 7 days’ from Delivery.
3.9. The Lessee shall be liable for all costs (including, parts, labour and materials and the Lessor’s call out fee of £220 + VAT should Lessor be required to visit Site to assess any problems as a result of damage, theft, vandalism and general mis-use on Site including but not limited to any issues in connection with doors, windows, electrics, generators, fuel, water pressure, drainage, leaks and overflows (from blockages caused to any pipework) and rectification of any problems as a result of Equipment having been situated on grass, uneven, unlevel or unsuitable ground.
3.10. The Lessee shall be liable for any loss of or damage to the Equipment and is strictly prohibited from moving Equipment from the Site address under this Agreement without the prior written consent of the Lessor. For any flat-pack units, Lessee shall ensure Equipment is dismantled prior to Collection and shall be responsible for returning items/parts on Collection and should any items/parts be missing or any panel(s) be damaged, Lessee shall be liable for cost of replacing any such items/parts or panel(s).
3.11. The Lessee shall inform the Lessor of any changes to its company status (where applicable) and changes to any of its contact details within 7-days of becoming so aware.
3.12. The Lessee shall be liable to pay for any repairs, replacements and re-painting, required to rectify any damage to Equipment (including damage to furniture or similar items provided by the Lessor to the Lessee).The standard cleaning charge only covers a standard, basic clean out of any Equipment and any excessive cleaning found necessary, once Equipment has been off-hired and inspected by the Lessor or its agents shall incur additional costs.
3.13. The Lessee shall, at all times during the Hire Period, insure the Equipment to its full value, as specified on any hire contract and insure against theft, vandalism, damage and all liability to third persons for death, personal injury and damage or loss of any Equipment or property arising directly or otherwise from the use, possession and operation of the Equipment.