HIRE TERMS & CONDITIONS
1.1 In these conditions the following words have the following meanings:
“Consumables” means Brushes and Squeegees and other wearable items which allow the equipment to perform its task.
“Consumer” an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
“Contract” means a contract which incorporates these conditions and made between the Customer and the Supplier for the hire or sale of Goods;
“Customer” means the person, firm, company or other organisation hiring Hire Goods or purchasing Sale Goods;
“Confirmation”: any document supplied by the Supplier to the Customer setting out the particulars of the Customer’s order (but not a mere acknowledgement of receipt of an order pursuant to clause 18.3 below).
“Deposit” means any advance payment required by the Supplier in relation to the Hire Goods which is to be held as security by the Supplier;
“Force Majeure” means any event outside a party’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events;
“Goods” means any machine or article together with any accessories specified in a Contract which are hired or sold to the Customer;
“Hire Goods” means any Goods which are hired to the Customer;
“Hire Period” means the period commencing when the Customer holds the Hire Goods on hire (including Saturdays Sundays and Bank Holidays) and ending upon the happening of any of the following events:
(a) the physical return of the Hire Goods by the Customer into the Supplier’s possession; or
(b) the physical repossession or collection of Hire Goods by the Supplier;
“Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
“Rental” means the Supplier’s charging rate for the hire of the Hire Goods which is current from time to time during the Hire Period;
“Sale Goods” means any Goods which are sold to the Customer;
“Supplier” means ECA Cleaning Ltd.
“Services” means the services and/or work to be performed by the Supplier for the Customer in conjunction with the hire or sale of “Goods” including any delivery and/or collection service in respect of the Goods.
1.2 These terms and conditions shall not be changed without the prior written agreement of a Director of the Supplier.
1.3 The Supplier will not be bound by any change made to these terms and conditions by any of the Supplier’s staff unless a Director of the Supplier confirms in writing that the change is agreed.
1.4 Furthermore if there is any inconsistency between these terms and conditions on the one hand and any other documentation or information provided to the Customer, then to the extent of any conflict (except for details of price, payment, Hire Period or delivery in any ‘Confirmation’), these terms and conditions will prevail.
2.1 Goods are hired or sold subject to them being available for hire or sale to the Customer at the time required by the Customer. The Supplier will not be liable for any loss suffered by the Customer as a result of the Goods being unavailable for hire or sale where the Goods are unavailable due to circumstances beyond the Supplier’s reasonable control.
2.2 Where hire of the Hire Goods is to a Customer who is an individual, unincorporated entity or a 2 or more partner business, and the hire would be covered by the Consumer Credit Act 1974.
2.3 This Contract does not exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a Consumer. Where the Customer is acting as a Consumer any provision which is marked with an asterisk (*) may, subject to determination by the Courts or any applicable legislation, have no force or effect and if any provision is under the applicable law of the Contract unenforceable in whole or in part or shall have no force or effect the Contract shall be deemed not to include such provisions but this shall not effect the enforceability of the remainder of the Contract.
3.1 Where the Customer deals as a Consumer, the Supplier is under a legal duty to supply Goods and Services that are in conformity with the contract between the parties. In such circumstances, the Customer has legal rights in relation to Goods that are, for example, faulty in relation to Services that are, for example, not carried out with reasonable care, or if the materials used to carry out the Services are faulty or not as described.
4.1 The amount of any Deposit, Rental, monies for Sale Goods and/or Services shall be as quoted to the Customer. Where a Deposit is required for the Hire Goods it must be paid in advance of the Customer hiring the Hire Goods. The Supplier may also require an initial payment on account of the Rental in advance of the Customer hiring the Hire Goods.
4.2 The Customer shall pay the Deposit, Rental, charges for any Services, monies for any Sale Goods and/or any other sums payable under the Contract to the Supplier in accordance with the Supplier’s standard payment terms – which require payment to be received by the Supplier End of Month following month of invoice (any variation to these terms are to be agreed in writing by the Supplier’s Director and/or Credit Manager or in the Confirmation). If no monthly credit terms have been agreed by the Supplier then the Supplier’s invoices are due for payment when an order for the Goods and/or Services is placed or, if agreed in advance by the Supplier, when the Goods and/or Services are delivered or supplied. The Supplier’s prices are, unless otherwise stated, exclusive of any applicable VAT for which the Customer shall additionally be liable. However, if the rate of VAT changes between the date of the order and the date of delivery, the Supplier will, if permitted by law, adjust the VAT the Customer pays, unless the Customer has already paid for the Goods in full before the change in VAT takes effect.
4.3 Payment by the Customer on time is an essential condition of the Contract. Payment shall not be deemed to be made until the Supplier has received cleared funds in respect of the full amount outstanding.
4.4 If the Customer fails to make any payment in full on the due date:
4.4.1 the Supplier may charge the Customer interest (both before and after judgment/decree) on the amount unpaid at the rate implied by law under the Late Payment of Commercial Debts (Interest) Act 1998 (“1998 Act”)(where applicable) or at the rate of 4% above the base rate from time to time of the Supplier’s bank whichever is higher;
4.4.2 All sums payable under the Contract, and under any other contract between the Supplier and the Customer, shall immediately become due and payable;
4.4.3 Regardless of whether or not the Supplier is claiming interest under the 1998 Act the Supplier shall be entitled to recover all sums which it would have been entitled to recover under the 1998 Act if it had charged interest under the 1998 Act. Such sums shall include the compensation charges referred to in clause 5A of the 1998 Act, (the amount of compensation being determined in accordance with the principles set out in the 1998 Act).
4.5 The Customer shall be deemed to have accepted the Rental due as set out on an invoice unless it informs the Supplier within 14 days of the date of the invoice that it disputes the invoice.
4.6 The Customer shall pay all sums due to the Supplier under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
4.7 If the Customer is a Consumer, the Supplier may charge interest on any sums not paid by the due date for payment at a rate of 2.5% above the base rate of the Bank of England (both before and after judgment/decree).
4.8 The Supplier may set a reasonable credit limit for the Customer. The Supplier reserves the right to terminate or suspend the Contract for hire of the Hire Goods and/or the provision of Services if allowing it to continue would result in the Customer exceeding its credit limit or if the credit limit is already exceeded. The Supplier may, in its absolute discretion, reduce the Customer’s credit limit.
4.9 Where Goods are supplied in excess of this credit limit (for any reason) at the request of the Customer, the Customer’s employees, staff, servants or agents, any other person, purporting to act on behalf of the Customer, or any person authorised by the Customer to make use of the account, then the Customer will be held responsible for the entire account, including the excess. In such circumstances, the Customer shall reduce the Customer’s balance to within the credit limit by the end of the calendar month during which the credit limit was exceeded, and if it fails to do so within 7 days of notice to do so, the Supplier reserves the right to terminate or suspend the Contract for hire of the Hire Goods and/or provision of the Services.
4.10 Customer owned equipment in the Supplier’s possession shall be held securely for the duration of any necessary quotation, service and repair work. After the required work has been completed, the Supplier will make reasonable efforts to contact the Customer for a three month period. Should this period lapse without confirmed contact and the instruction from the Customer, the Supplier reserves the right to:
4.10.1 dispose of Customer owned equipment at its discretion; and/or
4.10.2 sell Customer owned equipment at its discretion and retain the proceeds of sale after applying the monies in accordance with clause 4.12.
4.11 In respect of clauses 4.11.1 and 4.11.2 above the Supplier shall apply any monies arising as a result of disposal, sale or hire against any debt outstanding from the Customer to the Supplier.
4.12 If the initial hire is paid by credit card and the hire is extended, then the Supplier reserves the right to charge the credit card with any unpaid shall inform charges arising from the additional hire. The Supplier the Customer where such charges are made.
5.1 Risk in the Goods will pass immediately to the Customer when they leave the physical possession or control of the Supplier.
5.2 Risk in the Hire Goods will not pass back to the Supplier from the Customer until the Hire Goods are back in the physical possession of the Supplier. This shall apply even if the Supplier has agreed to cease charging the Rental, the Hire Period has ceased, or if the Contract has expired or terminated.
5.3 Ownership of the Hire Goods remains at all times with the Supplier. The Customer has no right, title or interest in the Hire Goods except that they are hired to the Customer. Ownership of any Sale Goods remains with the Supplier until all monies payable to the Supplier by the Customer for the Sale Goods have been paid in full (in cash or cleared funds).
5.4 Until ownership in the Sale Goods passes to the Customer, the Customer shall:-
5.4.1 hold the Sale Goods on a fiduciary basis as the Supplier’s bailee;
5.4.2 store such Sale Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier’s property;
5.4.3 not remove, deface or obscure any identifying mark or packaging on or relating to such Sale Goods;
5.4.4 maintain the Sale Goods in satisfactory condition; and
5.4.5 keep them insured (as from the time they leave the physical possession or control of the Supplier) on the Supplier’s behalf for their full price against all risks with an insurer that is acceptable to the Supplier (acting reasonably). The Customer shall (if requested by the Supplier) obtain an endorsement of the Supplier’s interest in the Sale Goods on its insurance policy, subject to the insurer being willing to make the endorsement. On request the Customer shall allow the Supplier to inspect the Sale Goods and the insurance policy.
5.5 The Customer must not sell, assign, mortgage, pledge, charge, secure, withhold, exert any right to withhold, dispose of and/or lend. However the Customer may re-hire the Hire Goods to a third party with the prior written consent of the Supplier.
6.1 It is the responsibility of the Customer to collect the Goods from the Supplier, and, in the case of Hire Goods, return them to the Supplier at the end of the Hire Period. If the Supplier agrees to deliver Goods to and/or collect the Hire Goods from the Customer it will do so at its standard delivery cost and such delivery and/or collection will form part of the Services. Should the Services include delivery of Goods by the Supplier, the Supplier will be liable for the risk in the Goods during transportation.
6.2 If the Supplier agrees to collect the Hire Goods from the Customer at the end of the Hire Period the Customer must give the Supplier reasonable notice which shall include at least three (3) working days’ notice from the end of the Hire Period. The Customer shall remain responsible and liable for any loss, damage or theft to the Hire Goods until the Hire Goods are collected by the Supplier.
6.3 Once the customer has received the Hired Goods and before Signing or otherwise accepting the ‘Goods’ the Customer must ensure that they have inspected and satisfied that the Goods and Consumables are in good order. In the event that no one is available to accept the Goods it will be agreed that the Goods and Consumables are in good order as per the Suppliers Service records prior to the hire. Any subsequent dissatisfaction with the Hired Goods must be notified immediately and confirmed by an e mail.
6.4 Where the Supplier provides Services the persons performing the Services are servants of the Customer and once the Customer instructs such person they are under the direction and control of the Customer. The Customer shall be solely responsible for any instruction, guidance and/or advice given by the Customer to any such person and for any damage which occurs as a result of such persons following the Customer’s instructions, guidance and/or advice except to the extent that the persons performing the Services are found to be negligent by a court with jurisdiction to make such finding.
6.5 The Customer will allow or procure sufficient access to and from the site and procure sufficient unloading space, facilities, equipment and access to utilities for the Supplier’s employees, sub- contractors or agents to allow them to carry out the Services. The Customer will ensure that all Water Tanks and Waste Hoppers are emptied before collection or return to the supplier. The Customer will ensure that the site where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence.
6.6 If any Services are delayed, postponed, aborted and/or are cancelled due to the Customer failing to comply with its obligations herein the Customer will be liable to pay the Supplier’s additional standard charges for such delay, postponement, aborted delivery and/or cancellation except where the Customer is acting as a Consumer and the delay is due to a Force Majeure event.
7.1 The Customer shall:
7.1.1 not remove any labels or interfere with the Hire Goods, their mechanisms or any parts of them and shall take reasonable care of the Hire Goods and only use them for their proper purpose in a safe and correct manner. The customer must ensure that a competent person with a good understanding of the equipment is allowed to operate it. Operating and/or safety instructions or Training can be provided or supplied to the Customer;
7.1.2 notify the Supplier immediately after any breakdown, loss and/or damage to the Hire Goods;
7.1.3 take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks;
7.1.4 notify the Supplier of any change of its address and upon the Supplier’s request provide details of the location of the Hire Goods;
7.1.5 permit the Supplier at all reasonable times and upon reasonable notice to inspect the Hire Goods including procuring access to any property where the Hire Goods are situated;
7.1.6 keep the Hire Goods at all times in its possession and control and not to remove the Hire Goods from the country where the Customer is located and/or the country where the Supplier is located without the prior written consent of the Supplier;
7.1.7 be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Hire Goods required by any legislation, best practice and/or operating instructions except to the extent that the Supplier has agreed to provide them as part of any Services;
7.1.8 not do or omit to do anything which the Customer has been notified will or may be deemed to invalidate any policy of insurance related to the Hire Goods;
7.1.9 not continue to use Hire Goods where they have been damaged and will notify the Supplier immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, other property and/or injury to any person; and
7.1.10 where the Hire Goods require fuel, oil and/or electricity ensure that the proper type and/or voltage is used and that, where appropriate, the Hire Goods are properly installed by a qualified and competent person.
7.1.11 ensure that any employees, agents or contractors that operate the Hire Goods are, if applicable, adequately and sufficiently qualified and trained to operate the Hire Goods in accordance with all current and applicable legislation.
7.2 The Hire Goods must be returned by the Customer in good working order and condition and in the same condition that they were in prior to the hire (fair wear and tear excepted) and in a clean condition together with all insurance policies, licences, registration and other documents relating to the Hire Goods.
7.3 Consumables supplied with any Hired Goods which are then returned in a worn state will be charged for their replacement at the manufacturers retail price.
7.4 All equipment requiring Petrol or Diesel will be supplied with a full tank. If the equipment is not returned in the same condition then the fuel used will be invoiced at Forecourt prices plus 20%.
7.5 Machines requiring LPG will be supplied with one full bottle which will be charged in full regardless of use as this cannot then be sold to another customer. Additional Bottles can be purchased throughout the period of the hire.
8.1 Allowance may be made in relation to the Rental to the Customer for any non- use of the Hire Goods due to breakdown caused by an inherent fault and/or fair wear and tear on condition that the Customer informs the Supplier as soon as practicable of the breakdown and the Supplier is unable to repair or replace the Hire Goods within a reasonable time.
8.2 The Customer shall be responsible for all expenses, loss (including loss of Rental) and/or damage suffered by the Supplier arising from any breakdown of the Hire Goods due to the Customer’s negligence, misdirection and/or misuse of the Hire Goods.
8.3 The Supplier will at its own cost carry out all routine maintenance and repairs to the Hire Goods during the Hire Period and all repairs which are required due to fair wear and tear and/or an inherent fault in the Hire Goods. The Customer will be responsible for the cost of all repairs necessary to Hire Goods during the Hire Period which arise otherwise than as a result of fair wear and tear, an inherent fault and/or the negligence of the Supplier while carrying out routine maintenance and/or repairs.
8.4 The Customer must not repair or attempt to repair the Hire Goods unless authorised to do so in writing by the Supplier.
8.5 Where Hired Goods are damaged whilst in the care of the Customer then our Engineers time will be charged to the Customer at the rate of £65 per hour (in 15 min increments) and if a site visit is requested or otherwise decided upon then a ‘call out’ charge of £65 will be made.
9.1 If the Hire Goods are returned damaged, unclean and/or defective state except where due to fair wear and tear and/or an inherent fault in the Hire Goods, the Customer shall be liable to pay the Supplier for the cost of any repair and/or cleaning required to return the Hire Goods to a condition fit for re-hire, in accordance with the provisions of clause 8.3, and to pay the Rental, until such repairs and/or cleaning have been completed.
9.2 In respect of any Hire Goods which are lost, stolen or damaged beyond economic repair during the Hire Period the Customer will:-
9.2.1 pay to the Supplier the new replacement cost for any Hire Goods ; and/or
9.2.2 reimburse the Supplier for any loss or costs suffered or incurred by the Supplier for any Hire Goods.
9.3 The Customer shall remain liable to pay the Rental for the Hire Goods up to and including the date it notifies the Supplier that the Hire Goods have been lost, stolen and/or damaged beyond economic repair.
9.4 In addition to the obligation in clause 9.3 to pay the Rental, from the date the Customer notifies the Supplier that the Hire Goods have been lost, stolen and/or damaged beyond economic repair until the date the Customer makes a payment to the Supplier for the replacement of the Hire Goods in accordance with clause 9.2 (“Lost Rental Period”), the Customer shall pay, as a genuine pre-estimate of lost rental profit, a sum as liquidated damages being equal to two thirds of the Rental that would have applied for such Hire Goods during the Lost Rental Period.
10.1 If the Hire Period has a fixed duration, then subject to the provisions of Clause 12 neither the Customer nor the Supplier shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party.
10.2 If the Hire Period does not have a fixed duration either the Customer or the Supplier is entitled to terminate the Contract upon giving to the other party any agreed period of notice and must follow Clause 10.4
10.3 If no period of notice has been agreed or specified the Customer may terminate the Hire Period by following Clause 10.4
10.4 The Hire may only be terminated by notifying the suppliers Hire Desk and obtaining an official ‘Off Hire Number’ which must be quoted in all related matters. Hire Termination given at the time of the Hire (sometimes described as a ‘Auto Off Hire’ are not accepted). The responsibility for terminating the Hire lies with the customer at all times.
10.5 The rights set out in this clause are in addition to any legal rights the Customer may have.
11.1 If the Customer:-
11.1.1 fails to make any payment to the Supplier when due without just cause;
11.1.2 breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;
11.1.3 persistently breaches the terms of the Contract;
11.1.4 provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
11.1.5 pledges, charges or creates any form of security over any Hire Goods or proposes to compound with its creditors, creates a trust deed for 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 Customer, has a bankruptcy petition/petition for sequestration presented against it or the Customer takes or suffers any similar action in any jurisdiction;
11.1.6 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 Customer, any distress/diligence, execution or other legal process is levied on any property of the Customer or the Customer takes or suffers any similar action in any jurisdiction;
11.1.7 appears to the Supplier (acting reasonably) due to the Customer’s credit rating to be financially incapable of meeting its obligations under the Contract;
11.1.8 appears to the Supplier (acting reasonably) to be about to suffer any of the above events; and/or
11.1.9 fails to return to the Supplier the Hire Goods by the due date for return, then the Supplier shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 11.2 below.
11.2 If any of the events set out in clause 11.1 above occurs in relation to the Customer then:-
11.2.1 except where the Customer is acting as a Consumer the Supplier may enter, without prior notice, any premises of the Customer (or premises of third parties with their consent) where Goods owned by the Supplier may be and repossess any Goods;
11.2.2 the Supplier may withhold the performance of any Services and cease any Services in progress under this and/or any other Contract with the Customer;
11.2.3 the Supplier may immediately cancel, terminate and/or suspend without Liability to the Customer the Contract and/or any other contract with the Customer; and/or
11.2.4 all monies owed by the Customer to the Supplier shall immediately become due and payable.
11.3 The Customer warrants that the Supplier shall have all rights, licences and permissions required to enter the Customer’s premises, and the premises of third parties, for the recovery of Sale Goods. The Customer hereby grants the Supplier a licence to enter the premises of the Customer (or any third party premises where Sale Goods are held) to enable the Supplier to recover the Sale Goods in accordance with clause 11.2.1.
11.4 Any repossession of the Goods shall not affect the Supplier’s right to recover from the Customer any monies due under the Contract and/or any damages in respect of any breach which occurred prior to repossession of the Goods.
11.5 The Supplier may recover the costs, including but not limited to the costs of replacement, in respect of lost or damaged Goods, and nothing in clauses 11.2-11.4 shall limit the Supplier’s right to recover such costs. The Supplier may recover the costs, including but not limited to the costs of replacement and recovery, in respect of Goods which the Supplier has been unable to collect because they have not been made available for collection by the Customer in breach of this agreement, and nothing in clauses 11.2-11.4 shall limit the Supplier’s right to recover such costs.
11.6 Upon termination of the Contract the Customer shall immediately:-
11.6.1 return the Goods to the Supplier or, as requested by the Supplier, make the Goods available for collection by the Supplier or its authorised representatives (and the provisions of clauses 11.2 to 11.5 in respect of access to premises for this purposes shall apply); and
11.6.2 pay to the Supplier all arrears for Rentals, charges for any Services, monies for any Sale Goods and/or any other sums payable under the Contract including, but not limited to, the cost of returning the Goods.
12.1 Subject to clause 12.2 the Supplier warrants that:
12.1.1 it will carry out any Services under the Contract with reasonable skill and care; and
12.1.2 the Goods will conform in all material respects with their description, be of satisfactory quality, and be reasonably fit for the purposes for which products of that kind are commonly supplied.
12.2 The warranty in clause 12…1 shall apply for twelve months from when the Goods were sold, or six months if used equipment, and in respect of Hired Goods, the duration of the hire.
12.3 The Supplier will not be liable under the warranty above to the extent that Goods are covered by the manufacturer’s warranty.
12.4 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
12.5 The Customer warrants that (where they have been made available by the Supplier) it has inspected the Goods prior to the supply and is satisfied that the Goods are suitable for its needs save that the Customer shall not be in breach of this clause in respect of any Goods, where the Supplier is in breach of the warranty set out at clause 12.1 in respect of those Goods.
12.6 If the Supplier is found to be liable in respect of any loss or damage to the Customer’s property the extent of the Supplier’s Liability will be limited to the retail cost of replacement of the damaged property.
12.7 Any defective Goods must be returned to the Supplier for inspection if requested by the Supplier before the Supplier will have any Liability for defective Goods.
12.8 The Supplier shall have no Liability to the Customer if, without just cause, any monies due in respect of the Goods and/or the Services have not been paid in full by the due date for payment. The Customer’s remedy for any breach of any of the warranties or representations set out in the Contract (whether made innocently or negligently) by the Supplier is limited to breach of contract.
12.9 The Supplier shall have no Liability for additional damage, loss, liability, claims, costs or expenses caused by the Customer’s continued use of defective Goods or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.
12.10 The Customer shall give the Supplier a reasonable opportunity to remedy any matter for which the Supplier is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Supplier shall have no Liability to the Customer.
12.11 The Supplier shall have no Liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against the Supplier. The Customer remains liable for the Goods notwithstanding that the Supplier or Customer has insurance in place which would indemnify either the Supplier or the Customer.
12.12 The Supplier shall have no Liability to the Customer for any of the following losses (whether direct or indirect):-
12.12.1 consequential losses;
12.12.2 loss of profits;
12.12.3 loss of income;
12.12.4 economic and/or similar losses;
12.12.5 loss of anticipated savings;
12.12.6 loss of data;
12.12.7 wasted management or office time;
12.12.8 business interruption, loss of business, contracts and/or opportunity including loss of profits and/or damage to goodwill;
12.12.9 special damages and indirect losses however so arising; and/or
12.12.10 loss resulting from any inability to carry out any operations. For example, the Supplier shall not have any Liability if the Customer cannot complete a task because the Supplier supplied the wrong Goods.
12.13 The Supplier’s total Liability to the Customer under and/or arising in relation to any Contract shall not exceed 5 times the amount of the weeks Rental or monies payable for Sale Goods, in addition to charges for Services (if any) under that Contract or the sum of £1,000 (or Euro equivalent) whichever is the higher. To the extent that any Liability of the Supplier to the Customer would be met by any insurance of the Supplier then the Liability of the Supplier shall be extended to the extent that such Liability is met by such insurance.
12.14 Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:-
12.14.1 Liability for breach of contract;
12.14.2 Liability in tort/delict (including negligence); and
12.14.3 Liability for breach of statutory and/or common law duty;
except clause 12.9 above which shall apply once only in respect of all the said types of Liability.
12.15 If the Customer is a Consumer, the Supplier has no liability for anything of which the Supplier was not aware or which could not have reasonably foreseen. However, the Supplier is not liable to a Consumer in respect of any business losses.
12.16 Regardless of anything else in the Contract, nothing in the Contract restricts the Supplier’s Liability for (a) death or personal injury resulting from negligence for which it is responsible; (b) fraud; (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; (d) defective products under the Consumer Protection Act 1987 (to the extent that this liability cannot be excluded); or (e) any other matter to the extent that it cannot be excluded or limited by law.
13.1 Upon termination of the Contract the provisions of clauses 4.2, 4.4, 4.6, 7, 8, 9.1 and 9.3 shall continue in full force and effect.
13.2 Each hire of an item of Hire Goods shall form a distinct Contract which shall be separate to any other Contract relating to other Hire Goods.
13.3 The Customer shall be liable for the acts and/or omissions of its employees, agents, servants and/or subcontractors as though they were its own acts and/or omissions under this Contract.
13.4 The Customer agrees to indemnify and keep indemnified the Supplier against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by the Supplier and arising from or due to any breach of contract, any tortious/delictual act and/or omission and/or any breach of statutory duty by the Customer.
13.5 No waiver by the Supplier of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision. If any provision is held by any competent authority to be unenforceable in whole or in part the validity of the other provisions of this Contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
13.6 The Supplier shall have no Liability to the Customer for any delay and/or non- performance of a Contract to the extent that such delay is due to any Force Majeure events. If the Supplier is affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
13.7 All third party rights are excluded and no third parties shall have any rights to enforce the Contract by virtue of the Contracts (Rights of Third Parties) Act 1999. This shall not apply to any finance company with whom the Supplier has an outstanding finance agreement relating to the Hire Goods. Such finance company shall, subject to the Supplier’s consent, have the right to enforce this Contract as if they were the Supplier.
13.8 The Supplier may transfer, assign, charge, or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract.
13.9 The Supplier may subcontract its obligations under the Contract but the Supplier shall remain liable for the performance of its obligations to the same extent as it would have been but for the subcontracting.
13.10 These terms and conditions and any Confirmation constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
13.11 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the terms and conditions or any Confirmation. Each party agrees that it shall have no claim for innocent or negligent misrepresentation, or negligent misstatement, based on any statement in this agreement.
13.12 This Contract is governed by and interpreted in accordance with the law of the country where the Supplier is located and that country will have exclusive jurisdiction in relation to this Contract.
14.1 The Supplier may insert and present any balance due and unpaid where the Customer has signed a blank or nil value debit or credit card voucher. The Supplier may also process interim payments in respect of any monies due from the Customer under the Contract by credit or debit card at any stage of the Contract.