- Responsibility of Hirer.
All materials are sent out under careful supervision and the Owners do everything in their power to ensure that all goods and materials supplied are of sound construction and workmanship. The Hirers must nevertheless by themselves or their agents, on receipt thereof, and from time to time during the Hire, inspect the goods hired and satisfy themselves that they are, and continue to be, sound and sufficient for any purpose to which they may be applied and to comply with all statutory regulations. The Owners do not guarantee the soundness or sufficiency thereof, and will not be responsible for damage or loss that may occur through their unfitness or insufficiency, or through wear and tear or decay and any express or implied conditions, statement or warranty and stated herein is hereby excluded. The Hiring shall continue until the goods are returned by the Hirer, and the Hire shall be as accruing from day to day. The Hirer must not permit material to be moved off site which is the property of 4 Access Ltd, nor shall the Hirer allow the owners material to be moved from site to site without notifying the owners in writing, giving full details of description and quantities involved.
- Non – Liability as to Goods Hired.
In the event of strike lockout, fire, breakdown of machinery, or any other unforeseen cause of delay, deliveries or collections may be postponed until they again become possible. Such postponements shall not give rise to any claims against the Owners for breach of contract, or otherwise, nor shall they entitle the Hirer to cancel the Contract of Hire.
- Ownership of Goods.
All goods had on Hire shall remain the property of the Owners. In the event of the amount payable for the Hire being in arrears for forty-eight hours after demand, the Hiring may be terminated by the Owners giving to the Hirer twenty-four hours notice in writing and thereupon, unless the goods by forthwith returned by the Hirer, the Owners shall be at liberty to enter any premises on which the goods may then be and to retake possession thereof. The Hirer may terminate the Hiring at any time on returning the goods as in Clause Five thereof.
A deposit is to be paid in all cases where there is no Ledger Account. Such deposits will be held as security against the return of the goods Hired, and Unless the Owners so agree, no part of the deposit will be available to satisfy the hire charges, which must be paid monthly. At the termination of the Hire the deposit will be refunded by the Owners. Persons hiring goods are requested to obtain a printed receipt for the amount deposited as no deposit will be refunded nor mistakes rectified except upon the production of such receipt. The Owners reserve the right of applying the deposits in hand on any goods towards, or in payment of, any unliquidated balance that may be due to them on any account from the same Hirer.
- Time etc.
All goods had on Hire must be taken from, and returned to the premises of the Owners at the expense of the person Hiring them. When any or all goods are returned, the Hiring note must be brought with them. Without this no deposit will be returned. All deficiencies or damage to goods on Hire will be charged for, together with the Hire of same up to and including the day on which such deficiency or damage has been ascertained. Goods Hired for part of a day, week or month, will be charged as a full day, week or month depending on the basis of hire, and the day of hiring and the day of return will be charged as two separate days. Goods had on Hire must be returned during business hours. A receipt must be obtained for all goods received and such receipts shall be accepted as final, both as regards to condition and quantity of the goods returned.
Hirers should make their own arrangements for the collection and return of goods. The owners may, at the request of the Hirer undertake delivery and collection of the goods hired, but the Hirer must provide labour and facilities as necessary for loading and unloading required other than at the premises of the Owners. Cartage undertaken by the Owners is not included in their Rates for Hire, and will be charged extra according to the quantity and distance involved. Collection arrangements for the return of goods or plant Hired must be made by the Hirer with the Owners, not less than seventy-two hours prior to the collection of the goods, save in the case of fixed Hiring periods, when the date of collection shall be agreed between the parties at the date of Hiring.
- Delivery of Goods.
No goods or plant sold to, or Hired by the Hirer shall be left on site or point of delivery by the Owners unless the Hirer has on site or at the point of delivery, a person holding ostensible authority of the Hirer to sign a delivery note, and any employee of the Hirer shall be deemed to have express authority to sign delivery notes on behalf of the Hirer unless the Hirer shall have notified the Owner in writing thereof.
- Damage to Plant Hired.
The Hirer is responsible for the safe custody of all plant etc, and shall insure and keep the same insured against all risk. If any plant etc, is lost, stolen or damaged in any way, (fair wear & tear alone excepted), whilst in the possession of the Hirer, the cost of replacement or of making good the damage shall be borne by the Hirer. The Hirer is responsible for full and completely indemnifying 4 Access Ltd in respect of all claims by any person whatsoever, including the operator, for injury to persons or damage to property caused by or in connection with or arising out of the Hire of the plant. Should accidents occur whilst using our plant, these should be reported to us at once, although this will not detract from the fact that the Hirer is responsible.
Our Drivers are authorised to sign ‘unchecked and unexamined’ only. No receipt for the return of materials Hired will be recognised other than our official Hire Return Note. All telephone conversations requesting collections by the Owners must be confirmed in writing within 48 hours.
- Official Orders.
The provision of goods on Hire can only be undertaken on receipt by the Owners of a written, signed official order from the proposed Hirer. Hiring transactions will be considerably facilitated if such an order is produced by persons collecting goods where arrangements for Hire have not been previously made.
- All Plant is subject to availability with a minimum Hire period of 1 week unless otherwise stated.
- Rates are subject to alteration without notice.
- 4 Access Ltd, accept no responsibility for inaccuracies or misunderstandings arising through orders, instructions or information given to them by telephone by the Hirer, his servants or agents. All orders should be confirmed in writing.
- Unless otherwise agreed by us in writing, the above Terms &Conditions shall apply to all orders placed with us. Any stipulations or conditions in a customer’s order form which would conflict with any of these Terms or Conditions, or in any way qualify or negative the same shall be deemed to be inapplicable to any order placed with us unless expressly agreed by us when acknowledging the order in question.
Where deposits are paid against the Hire of Plant, these must remain intact until the plant is returned, and they cannot be regarded as settlement, or part settlement of accounts. Payment of such accounts is due immediately upon receipt. Total deposits are refunded on completion of Hire.
- All Charges are subject to VAT which are excluded from the Hire Schedule.
Plant is hired out on the above Terms & Conditions only and acceptance of the plant on hire is acceptance of our Terms & Conditions of Hire.