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Last Updated: 01/02/2024
This privacy policy sets out how Unit Hire Ltd uses and protects any information that you give us. We are committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the GDPR legislation in the UK. We may change this policy by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
We may collect the details provided by you when you:
We may collect the following information:
We use the information we collect to:
Where you have referred a colleague’s email address, we may use this information to send an email to them.
All the personal data is processed by our staff in the UK. We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access in accordance with the UK data protection legislation. We do not sell, rent or exchange your personal information with any third party, except to help prevent fraud, and if required to do so by law.
Our website uses cookies as part of a normal business procedure to track patterns of behaviour of visitors to our site. A cookie is a piece of information that is stored on your computer’s hard drive. It is normally sent by a web server to you and enables the server to collect information back from your site visit. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies, such as Google Analytics, to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. For example, if visitors do not spend much time on a webpage, we may add more information so that it is more useful to the reader. We only use this information for statistical analysis purposes and then the data is removed from the system. Cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. To have an optimal web experience, most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect.
The information we use for marketing purposes will be kept until you notify us that you no longer wish to receive this information.
If at any point you believe the information we process on you is incorrect, you can request to see it. We will correct, or delete, any information found to be incorrect.
If you have any questions regarding how we have handled your personal data, you can contact us at privacy@unithire.co.uk, and we will investigate the matter. We hope we can address any concerns you may have, but if you are not satisfied with our response or believe we are not processing your personal data in accordance with the law, you can complain to the Information Commissioner’s Office (ICO).
UNIT HIRE
SALE TERMS AND CONDITIONS
Your attention is particularly drawn to clauses 2.2 (indemnity) and 7 (limitation of liability).
1.How the Contract is formed
1.1. These Terms apply to the Contract to the exclusion of any other terms that you provide toUnit Hire or seek to incorporate, or which are implied by law, trade custom, practice orcourse of dealing.
1.2. When you place an Order this is an offer by you to purchase the Equipment from us inaccordance with these Terms. You are responsible for ensuring that the terms of the Orderand any applicable Specification are complete and accurate.
1.3. An Order will only be deemed to be accepted when we accept your order in writing, orprovide you with our invoice (whichever comes first).
1.4. Any samples, drawings or advertising produced by us or in our catalogues or brochures arefor illustration purposes only to give you an approximate idea of the Equipment. They do notform part of the Contract or have any contractual force.
1.5. Any quotes we send to you will not be an offer. A quotation is only valid for 30 days fromthe date we issue it to you.
2.Equipment
2.1. The Equipment is described in the Specification.
2.2. To the extent that Unit Hire will be manufacturing the Equipment in accordance with aSpecification that you have supplied us, then you agree to indemnify us against all liabilities,costs, expenses, damages and losses (including any direct, indirect or consequential losses,and any legal or other professional costs and expenses) suffered or incurred by Unit Hite inconnected with any claim made against Unit Hire for actual or alleged infringement of a thirdparty’s intellectual property rights arising out of or in connection with Unit Hire’s use of theSpecification. This clause 2.2 shall survive termination of the Contract.
2.3. We reserve the right to amend the Specification if we are required to do so by any applicablestatutory or regulatory requirement, but we will let you know if this needs to take place.
3.Delivery
3.1. We will deliver the Equipment to the Delivery Location at any time after we notify you thatthe Equipment is ready for delivery. Any dates or time provided for delivery of the Equipmentshall be estimates only and time shall not be of the essence.
3.2. Delivery shall be completed either:
3.2.1. when you load the Equipment at Unit Hire’s premises; or
3.2.2. when the Equipment is free from all vehicle transit restraints and ready for you tounload at the Delivery Location.
3.3. You are responsible for the loading or unloading of the Equipment and we will not be responsible for any losses or damages arising from the loading or unloading of the Equipment howsoever caused. Any assistance, including the use of crane loading equipment, provided by any of our employees or representatives or agents in loading or unloading the Equipment is accepted entirely at your own risk.
3.4. You are responsible for all injury, loss and damages howsoever caused to any vehicle we supply for delivery, Equipment, the Delivery Location or anything on or affixed to the Delivery Location (subject always to clause 7.2) including but not limited to injury, loss or damages caused by rough or soft ground, restricted access to the Delivery Location, or obstructions.
3.5. We will not be liable to you for any delay in the delivery of the Equipment that is caused by a Force Majeure Event, or if you fail to provide us with sufficient delivery instructions or other instructions relevant to the supply of the Equipment.
3.6. If we fail to deliver the Equipment to you, our liability will be limited to the costs and expenses that you incur obtaining replacement Equipment of a similar description and quality in the cheapest market available, less the price of the Equipment. We will not have any liability for any failure to deliver the Equipment to the extent that it is caused by a Force Majeure Event or your failure to provide us with sufficient delivery instruction or any other instructions relevant to the supply of the Equipment.
3.7. If you fail to take or accept delivery of the Equipment on the date that we have notified you for delivery, except where the failure is caused by a Force Majeure Event or where we have not complied with these Terms in respect of the Equipment, we may charge you for:
3.7.1. any charges, fines, or other penalties incurred by us in respect of the delivery; and
3.7.2. any reasonable costs incurred in respect of the collection or delivery, such as (but not limited to) Aborted Delivery Fees, Waiting Fees, and other reasonable costs and third party costs.
4. Quality
4.1. Unless we agree to a different warranty period in writing, we warrant that all new Equipment will, for a period of 12 months (the “Warranty Period”):
4.1.1. conform with their Specification;
4.1.2. be free from material defects in design, material and specification;
4.1.3. be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
4.1.4. be fit for any purpose that you have notified to us in writing.
4.2. Subject to clause 4.3, if
4.2.1. you give us notice in writing during the Warranty Period and within a reasonable time of discovery that the Equipment does not comply with the warranty set out at clause 4.1;
4.2.2. we are given a reasonable opportunity to examine the Equipment,
we will, at our sole discretion, repair or replace the defective Equipment, or refund the price of the defective Equipment and remove it from the premises.
4.3. Unless we agree to a different warranty period in writing, or the Equipment or parts of the Equipment are covered by a manufacturer’s warranty (which we would let you know about at the time of purchase), we warrant that on delivery all second hand/pre-owned Equipment shall:
4.3.1. conform with their Specification;
4.3.2. be free from material defects in design, material and specification;
4.3.3. be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
4.3.4. be fit for any purpose that you have notified to us in writing.
4.4. Subject to clause 4.5, if
4.4.1. you give us notice in writing within a reasonable time of discovery (and in any event within 14 days of delivery) that the Equipment does not comply with the warranty set out at clause 4.1;
4.4.2. We are given a reasonable opportunity to examine the Equipment,
we will, at our sole discretion, repair or replace the defective Equipment, or refund the price of the defective Equipment and remove it from the premises.
4.5. We will not be liable for the Equipment’s failure to comply with the warranties set out at clauses 4.1 and 4.3 if:
4.5.1. you make any further use of the Equipment after giving notice in accordance with clause 4.2 or 4.4;
4.5.2. the defect arises because you have failed to follow our instructions regarding the Equipment (including but not limited to instructions regarding the storage, use of, installation of or maintenance of the Equipment) or if no instructions are provided, good trade practice regarding the same.
4.5.3. the defect arises because you have provided us with specifications or drawings which have caused the defect;
4.5.4. you have altered or repaired the Equipment without our permission;
4.5.5. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
4.5.6. the Equipment differs from its Specification as a result of changes made to ensure they comply with applicable statutory requirements.
4.6. Except as provided in this clause 3.7.2, we will not be liable to you in respect of the Equipment’s failure to comply with the warranties set out at clauses 4.1 and 4.3.
4.7. The terms implied by sections 13 and 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
4.8. These Terms will apply to any repaired or replacement Equipment we may supply to you.
5. Title and Risk
5.1. Risk in the Equipment will pass to you on completion of delivery.
5.2. Title to the Equipment will only pass to you once we have received payment in full for the Equipment and any other charges or sums due to us under the Contract.
5.3. Until title to the Equipment passes to you, you must:
5.3.1. Ensure that the Equipment is readily identifiable as our property;
5.3.2. Not remove, deface or obscure any identifying mark or packaging on the Equipment;
5.3.3. Maintain the Equipment in satisfactory condition and keep it ensured against all risks for their full price from the date of delivery;
5.3.4. Notify us immediately if you become subject to any of the events listed at clauses 8.1.2 to 8.1.4; and
5.3.5. Give us all information we might reasonably require relating to the Equipment and your ongoing financial position.
6. Price and Payment
6.1. The price of the Equipment will be set out in the Order.
6.2. We may increase the price of our Equipment before delivery to take account of:
6.2.1. any change beyond our control (including foreign exchange fluctuations, increased taxes and duties, and increases in labour, materials and other manufacturing costs;
6.2.2. any requests you make to change the delivery date, the quantity, or type of Equipment ordered or the Specification,
6.2.3. for any delay caused by any instruction you have given us or a failure to give us adequate instructions or information.
6.3. The price of the Equipment:
6.3.1. excludes amounts in respect of VAT, which you will be liable to pay to us at the prevailing rate, subject to receipt of a valid VAT invoice; and
6.3.2. excludes the costs and charges of packaging, insurance and transport of the Equipment, which will be chargeable separately where applicable.
6.4. Except as set out in clause 6.5, we will invoice you for the Equipment and all other charges prior to delivery of the Equipment, and full payment must be received upfront before we will arrange delivery of the Equipment.
6.5. Where we agree in writing that payment up front is not required, we will invoice you for the Equipment and all other charges on delivery, and payment of the invoice must be made within 30 days of the date of the invoice.
6.6. All invoices must be paid in full and in cleared funds to the bank account we nominate in writing and time for payment shall be of the essence.
6.7. If you do not make a payment due to us under the Contract by the due date, then (without limiting our remedies set out at clause 8):
6.7.1. you will pay us interest on the overdue sums from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 5% a year above the Bank of England’s base rate from time to time, but at 5% a year for any period when that base rate is below 0%;
6.7.2. we may attend the site on which the Equipment is located, and lock the Equipment until full payment of outstanding sums have been made; or
6.7.3. we may collect the Equipment.
6.8. All amounts due under the Contract will be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
7. Limitation of Liability
7.1. References in this clause 7 include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
7.2. Nothing in this Contract limits any liability for:
7.2.1. death or personal injury caused by negligence;
7.2.2. fraud or fraudulent misrepresentation;
7.2.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
7.2.4. any liability that legally cannot be limited.
7.3. Subject to clause 7.2, our total liability to you will not exceed the total costs paid or payable under the Contract.
7.4. Subject to clause 7.2, the following types of loss are wholly excluded:
7.4.1. loss of profits;
7.4.2. loss of sales or business;
7.4.3. loss of agreements or contracts;
7.4.4. loss of anticipated savings;
7.4.5. loss of use or corruption of software, data or information;
7.4.6. loss of or damage to goodwill;
7.4.7. wasted expenditure; and
7.4.8. indirect or consequential loss.
7.5. This clause 7 will survive termination of the Contract.
8. Termination
8.1. Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving you written notice if:
8.1.1. You commit a material breach of any term of the Contract and (if the breach can be remedied) you fail to remedy the breach within 14 days of us giving notice to you in writing to do so;
8.1.2. You take any step or action in connection with entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
8.1.3. You suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
8.1.4. Your financial position deteriorates so far as to reasonably justify the opinion that your ability to comply with the terms of this Contract are in jeopardy.
8.2. Without limiting our other rights or remedies, we may suspend the provision of the Equipment to you if you become subject to any of the events listed at clauses 8.1.2 to 8.1.4, or we reasonably believe that you are about to become subject to those events, or if you fail to pay any amount due to you under this Contract on the due date for payment.
8.3. Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving you written notice if you fail to pay any amount due under the Contract on the due date for payment.
9. Consequences of Termination
9.1. On termination of the Contract for any reason, you shall immediately pay to us all our outstanding unpaid invoices and interest, and in respect of Equipment that we have delivered but not yet invoiced, we will submit and invoice and this shall be payable immediately on receipt.
9.2. Termination of the Contract, no matter how is was terminated, will not affect any of your or our rights and remedies that have accrued up to the date of termination, including the right to claim damages for breach of Contract which existed at or before the termination date.
9.3. Any term of the Contract that expressly or by implication is intended to have effect or continue to have effect on or after termination of the Contract will continue in full force and effect.
10. Force Majeure
10.1. Neither party will be in breach of the Contract or otherwise liable for any failure or delay in performing its obligations under this Contract if the delay or failure is a result of a Force Majeure Event. The time for performance of any such obligations will be extended accordingly, and in the event a Force Majeure Event continues for a period longer than 30 days, the parties may agree to terminate the Contract.
11. Assignment and other dealings.
This agreement is personal to you and you cannot assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of your rights and obligations under this agreement.
12. Entire agreement
12.1. This agreement constitutes the entire agreement between the parties.
12.2. Each party acknowledges that in entering into this agreement it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
13. Variation.
No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
14. No partnership or agency
14.1. Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
14.2. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
15. Third party rights
15.1. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
15.2. The rights of the parties to rescind or vary this agreement are not subject to the consent of any other person.
16. Notices
16.1. Any notice given to a party under or in connection with this agreement shall be in writing by post or by email.
16.2. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
17. Waiver
17.1. A waiver of any right or remedy is only effective if given in writing.
17.2. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
18. Governing law.
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England.
19. Jurisdiction.
Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
20. Interpretation
20.1. The following definitions and rules of interpretation apply in this agreement.
“Aborted Delivery Fees”
The aborted delivery fees will be as follows:
a) (if you cancel the Contract or delay a delivery within 2 working days of the delivery/collection date advised to you by Unit Hire) the costs of the delivery/collection.
b)
(if you cancel or delay delivery once the Equipment has been received by the haulier for delivery) the costs of delivery, and a payment of 50% of the delivery costs to account for Unit Hire’s costs to collect the Equipment from the haulier.
“Contract” the contract between us (Unit Hire Limited) and you (the customer) for the sale and purchase of the Equipment in accordance with these Terms.
“Delivery Location” the location for delivery set out in the Order, or any other location that we agree with you in writing.
“
Equipment” equipment for sale as set out in the Order and all related accessories, manuals and instructions provided for it.
“Force Majeure Event” an event, circumstance or cause beyond a party’s reasonable control.
“Order” your order for the purchase of the Equipment, as set out in your purchase order, or your written acceptance of our quotation.
“Specification” Any specification for the Equipment, including any related plans and drawings, that is agreed by you and Unit Hire.
“Terms” The terms and conditions set out in this document as amended from time to time in accordance with clause 13.
“VAT” value added tax or any equivalent tax chargeable in the UK or elsewhere.
“Waiting Fees” A charge of up to £125 plus VAT per hour, applicable if haulier(s) engaged by Unit Hire to deliver the Equipment are on site (through no fault of Unit Hire or the haulier) for delivery for longer than 1 hour.
“Warranty Period” as defined in clause 4.1.
20.1.1. Clause headings shall not affect the interpretation of this agreement.
20.1.2. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
20.1.3. A reference to writing or written excludes fax but not email.
20.1.4. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
20.1.5. Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
UNIT HIRE
HIRE TERMS AND CONDITIONS
Your attention is particularly drawn to clauses 8.2 (indemnity) and 10 (limitation of liability).
1.How the Hire Contract is formed
1.1 The Hire Contract will be between Unit Hire Limited (CRN: 04029501) (we or “Unit Hire”)and the person or firm who hires Equipment from Unit Hire (you).
1.2 These Terms and Conditions apply to the Hire Contract to the exclusion of any other termsthat you may seek to impose or incorporate, or which are implied by law, trade custom,practice or course of dealing.
1.3 An Order constitutes an offer by you to hire the Equipment in accordance with these Termsand Conditions. You are responsible for ensuring that the Order is complete and accurateand that the Equipment is suitable for your needs.
1.4 The Order shall only be deemed to be accepted once Unit Hire accepts your Order, at whichpoint and on which date contract (the “Hire Contract”) shall come into existence.
1.5 A quotation given by Unit Hire shall not constitute an offer. A quotation shall only be validfor a period of 30 days from its date of issue.
2.Equipment hire
2.1 Unit Hire shall hire the Equipment to you for use at the Site subject to these Terms andConditions.
2.2 Unit Hire shall not, other than in the exercise of its rights under these terms or applicablelaw, interfere with your quiet possession of the Equipment.
3.Rental Period
3.1 The Rental Period starts on the Delivery Date and shall continue until the end of the RentalPeriod unless this Hire Contract is terminated earlier in accordance with these Terms andConditions.
3.2 Where no Rental Period is specified, the Rental Period shall start on the Delivery Date, andcontinue until either:
3.2.1 the Equipment is returned to Unit Hire’s premises; or
3.2.2 the Equipment is collected from the Site by Unit Hire,
unless Unit Hire agrees an alternative end date for the Rental Period, in which case theRental Period will end on the agreed date.
4.Rental Payments
4.1 Where a Deposit is applicable, you must ensure that Deposits are paid in full before anyestimated delivery dates provided by Unit Hire. If Unit Hire do not receive payment of aDeposit (where applicable), Unit Hire will not deliver the Equipment.
4.2 The Rental Payments shall be calculated based on the Weekly Rates and the agreed Rental Period, and may include any reasonable charges incurred by Unit Hire in the provision of the Equipment for hire. Unit Hire reserves the right to include a cleaning charge in the Rental Payment.
4.3 Unit Hire reserves the right to increase or decrease the Weekly Rates (and consequently the Rental Payments) to take account of changes in the costs of providing the Equipment. Unit Hire will let you know in writing at least one month before a change takes place. If you are not happy with the change to the Rental Payments, you may terminate the agreement by notifying us in writing.
4.4 You must pay the Rental Payments to Unit Hire in accordance with the Hire Contract. Unless otherwise agreed in writing by Unit Hire, the Rental Payments are payable on the invoice date, must be paid in sterling and must be made in cleared funds to the bank account nominated in writing by Unit Hire.
4.5 A minimum charge equivalent of 4 weeks hire (calculated at the applicable Weekly Rate) will apply to all orders, unless otherwise agreed in writing by Unit Hire.
4.6 Unit Hire’s Weekly rates differ based on the length of hire of the Equipment – longer term hires may receive discounted hire rates. Accordingly, if you return the Equipment before the expiry of the agreed Rental Period, we may charge you (at our discretion) either:
4.6.1 the total Rental Payments due for the Rental Period; or
4.6.2 a cancellation payment based on the difference between all Rental Payments due under the Hire Contract, and the payments that would have been payable if the weekly rates had been calculated on the basis of the earlier termination date.
4.7 The Rental Payments are exclusive of VAT and any other applicable taxes and duties or similar charges. You are responsible for paying such applicable taxes, duties and other similar charges at the rate and in the manner from time to time prescribed by law.
4.8 You must pay all amounts due under this Hire Contract without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
4.9 If you do not make a payment to Unit Hire under this Hire Contract by the due date, then, without limiting Unit Hire’s remedies under clause 11, Unit Hire may:
4.9.1 Charge you interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%; and
4.9.2 Charge you any costs incurred by Unit Hire in respect of the collection of the debt;
4.9.3 Collect the Equipment from you without notice to you; and
4.9.4 Exercise a lien over any goods or items contained within the Equipment (in accordance with clause 5).
5. Lien
5.1 In the event that we choose to exercise a lien over any goods or items contained in the Equipment, we can:
5.1.1 Retain the goods and items in our possession until payment of all outstanding amounts is made;
5.1.2 Give you 21 days’ notice that we intend to dispose of or sell the goods or items, and if we have not received payment of all outstanding amounts, we can dispose of or sell the goods or items at such prices that we think fit.
5.1.3 We will apply the proceeds of any disposal under clause 5.1.2 in the following order:
(a) Payment of disposal costs;
(b) Payment of outstanding fees, costs and expenses charged under or in connection with the Hire Contract; and
(c) Payment of any remainder to you.
6. Delivery and Returns
6.1 Any dates provided for delivery or collection of the Equipment shall be estimates only and time shall not be of the essence.
6.2 Delivery shall be completed (the “Delivery Date”) either:
6.2.1 When you load the Equipment at Unit Hire’s premises; or
6.2.2 when the Equipment is free from all vehicle transit restraints and ready for you to unload at the Site.
6.3 You must provide us with at least 7 days written notice that the Equipment is ready for return or collection. Return of the Equipment shall be completed:
6.3.1 where we will collect the Equipment from the Site, when you load the Equipment onto the vehicle, or
6.3.2 where you are returning the Equipment to Unit Hire’s premises, when you unload the Equipment at Unit Hire’s premises.
6.4 You are responsible for the loading or unloading of the Equipment, whether at the Site or at Unit Hire’s premises, and Unit Hire shall not be responsible for any losses, damage, arising from the loading or unloading of the Equipment howsoever caused. Any assistance, including the use of crane loading equipment, provided by any employee or representative or agent of Unit Hire in loading or unloading the Equipment is accepted entirely at your own risk.
6.5 You are responsible for all injury, loss and damages howsoever caused to any vehicle supplied by Unit Hire for collection or delivery, Equipment, the Site or anything on or affixed to the Site (subject always to clause 10.2) including but not limited to injury, loss or damages caused by rough or soft ground, restricted access to the Site, or obstructions.
6.6 If Unit Hire is delayed or unable to collect or deliver the Equipment as a result of anything you have done or not done, Unit Hire shall be entitled to charge you:
6.6.1 Rental Payments up to the date that Unit Hire takes possession of the Equipment;
6.6.2 any charges, fines, or other penalties incurred by Unit Hire in respect of the collection or delivery; and
6.6.3 any reasonable costs incurred in respect of the collection or delivery, such as (but not limited to) Aborted Delivery Fees, Waiting Fees, and other reasonable costs and third party costs.
7. Title, risk and insurance
7.1 The Equipment shall at all times remain the property of Unit Hire, and you will not have any right, title or interest in or to the Equipment (save the right to possession and use of the Equipment subject to these Terms and Conditions).
7.2 The risk of loss, theft, damage or destruction of the Equipment shall pass to you on Delivery. The Equipment shall remain at your sole risk during the Rental Period and any further term during which the Equipment is in your possession, custody or control (Risk Period) until such time as the Equipment is redelivered to or collected by Unit Hire in accordance with clause 6.3.
7.3 During the Rental Period and the Risk Period, you must, at your own expense, obtain and maintain in force insurance policies with reputable insurance companies, against all risks that would normally be insured against by a prudent businessperson in connection with the risks associated with this agreement.
7.4 On request by Unit Hire, you must supply copies of the relevant insurance policies or other insurance confirmation acceptable to Unit Hire, and proof of premium payment to Unit Hire to confirm the insurance arrangements.
7.5 You must notify Unit Hire immediately in writing in the event of any loss, accident or damage to the Equipment during the Rental Period and the Risk Period.
8. Hirer’s responsibilities
8.1 During the Rental Period and Risk Period, you must:
8.1.1 ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and used in a proper manner by trained competent staff in accordance with any operating instructions or good industry practice;
8.1.2 take such steps (including compliance with all safety and usage instructions provided by Unit Hire) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe, kept in good condition, and without risk to health when it is being set, used, cleaned or maintained by a person at work;
8.1.3 not make any alterations to the Equipment and shall not remove any existing component (or components) from the Equipment;
8.1.4 keep Unit Hire fully informed of all material matters relating to the Equipment, including but not limited to any accidents that occur relating to the Equipment;
8.1.5 keep the Equipment at all times at the Site and shall not move or attempt to move any part of the Equipment to any other location without Unit Hire’s prior written consent;
8.1.6 permit Unit Hire or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter on the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
8.1.7 not, without the prior written consent of Unit Hire, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
8.1.8 not without the prior written consent of Unit Hire, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and you will be responsible for repairing and making good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify Unit Hire against all losses, costs or expenses incurred as a result of such affixation or removal;
8.1.9 not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of Unit Hire in the Equipment and, where the Equipment has become affixed to any land or building, you must take all necessary steps to ensure that Unit Hire may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of Unit Hire of any rights such person may have or acquire in the Equipment and a right for Unit Hire to enter onto such land or building to remove the Equipment;
8.1.10 not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, you must notify Unit Hire immediately, and use your best endeavours to procure an immediate release of the Equipment (at your own cost) and shall indemnify Unit Hire on demand against all losses, costs, charges, damages and expenses reasonably incurred as a result of such confiscation;
8.1.11 not use the Equipment for any unlawful purpose;
8.1.12 ensure that at all times the Equipment remains identifiable as being Unit Hire’s property and not to remove, deface or cover up any nameplates, branding or other marks identifying Unit Hire on the Equipment;
8.1.13 deliver up the Equipment at the end of the Rental Period at such address as Unit Hire requires, or if necessary allow Unit Hire or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and
8.1.14 not do or permit to be done anything which could invalidate the insurances referred to in clause 7.2.
8.2 You acknowledge that Unit Hire shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by you or your officers, employees, agents and contractors, and you shall indemnify Unit Hire in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Unit Hire arising out of, or in connection with any failure by the Hirer to comply with its obligations in this clause 8.
8.3 If the Equipment is lost or stolen, you are responsible for reimbursing Unit Hire for the costs of replacing the Equipment. To the extent that such Equipment is then located, Unit Hire shall provide you with a credit for the reimbursement, minus any Rental Payments due for the period in which the Equipment was missing.
8.4 If the Equipment is damaged (except where such damage is caused by Unit Hire’s negligence) then you are responsible for paying to Unit Hire all reasonable repair costs incurred by Unit Hire.
9. Warranty
9.1 Unit Hire warrants that the Equipment shall substantially conform to its specification (as made available by Unit Hire), be of satisfactory quality and be fit for any purpose held out by Unit Hire.
9.2 During the Rental Period, Unit Hire shall use reasonable endeavours to remedy any material defect in the Equipment, provided that:
9.2.1 in respect of visible defects, you notify Unit Hire of any defect in writing within three Business Days of Delivery, or in the event of a latent defect, within 7 days of discovering the defect;
9.2.2 Unit Hire is permitted to make a full examination of the alleged defect;
9.2.3 the defect did not materialise as a result of misuse, neglect, alteration, mishandling or unauthorised manipulation by any person other than Unit Hire’s authorised personnel;
9.2.4 the defect did not arise out of any information, design or any other assistance that you (or someone on your behalf) have supplied or furnished to us; and
9.2.5 the defect is directly attributable to defective material, workmanship or design.
9.3 You agree that we or our authorised personnel may attend the Site to comply with clause 9.2. If, on examination of the Equipment, we or our authorised personnel fee (in our reasonable opinion) that the defect is caused by misuse, neglect, alteration, mishandling or any other unauthorised manipulation of the Equipment by any person other than Unit Hire’s authorised personnel, or it is caused by any information, design or any other assistance that you (or someone on your behalf) have supplied or furnished, we may charge you a reasonable for to account for our costs and expenses in carrying out the examination of the Equipment.
9.4 Insofar as the Equipment comprises or contains equipment or components which were not manufactured or produced by Unit Hire, you will be entitled only to such warranty or other benefit as Unit Hire has received from the manufacturer.
9.5 If Unit Hire fails to remedy any material defect in the Equipment in accordance with clause 9.1, Unit Hire shall, at your request, accept the return of part or all of the Equipment and make an appropriate reduction to the Rental Payments payable during the remaining term of the agreement and, if relevant, return any Deposit (or any part of it).
10. Limitation of liability
10.1 References to liability in this clause 10 include every kind of liability arising under or in connection with this agreement including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
10.2 Nothing in this agreement limits any liability which cannot legally be limited including liability for:
10.2.1 death or personal injury caused by negligence;
10.2.2 fraud or fraudulent misrepresentation; and
10.2.3 breach of the terms implied by section 7 of the Supply of Goods and Services Act1982.
10.3 Subject to clause 10.2, Unit Hire’s total liability to you shall not exceed the total value of the Hire Contract.
10.4 Subject to clause 10.2, Unit Hire shall not be liable under this agreement for any:
10.4.1 loss of profits;
10.4.2 loss of sales or business;
10.4.3 loss of agreements or contracts;
10.4.4 loss of anticipated savings;
10.4.5 loss of use or corruption of software, data or information;
10.4.6 loss of or damage to goodwill;
10.4.7 wasted expenditure; and
10.4.8 indirect or consequential loss.
10.5 Subject to clause 10.2, all implied terms and conditions as to the quality or performance of the Equipment and any other goods or services provided under this agreement are, to the fullest extent permitted by law, excluded from this agreement.
11. Termination
11.1 Without affecting any other right or remedy available to it, Unit Hire may terminate this agreement with immediate effect by giving you written notice if:
11.1.1 you fail to pay any amount due under this agreement on the due date for payment and remain in default not less than 14 days after being notified in writing to make such payment;
11.1.2 you commit a material breach of any other term of this agreement, and that breach cannot be remedied or (if such breach is remediable) you fail to remedy that breach within a period of 14 days after being notified in writing to do so;
11.1.3 you repeatedly breach any of the terms of this agreement in such a manner as to reasonably justify the opinion that your conduct is inconsistent with having the intention or ability to give effect to the terms of this agreement;
11.1.4 you take or has taken against you (other than in relation to a solvent restructuring) any step or action towards entering bankruptcy, administration, provisional liquidation or any composition or arrangement with its creditors, applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court), being struck off the register of companies, having a receiver appointed to any of its assets, or its entering a procedure in any jurisdiction with a similar effect to a procedure listed in this Clause 11.1.4;
11.1.5 your financial position deteriorates so far as to reasonably justify the opinion that your ability to give effect to the terms of this agreement is in jeopardy;
11.1.6 you suspend or cease, or threaten to suspend or cease, carrying on all or a substantial part of your business; or
11.1.7 you undergo a change of control (within the meaning of section 1124 of the Corporation Tax Act 2010).
11.2 For the purposes of clause 11.1.2, a material breach shall include (but is not limited to) a breach of any of the obligations set out in clause 8.
11.3 This agreement shall automatically terminate if a Total Loss occurs in relation to the Equipment.
12. Consequences of termination or expiry
12.1 On expiry or termination of this agreement, however caused:
12.1.1 Unit Hire’s consent to your possession of the Equipment shall terminate and you must immediately return the Equipment to Unit Hire;
12.1.2 Unit Hire may, by its authorised representatives, without notice and at your expense, retake possession of the Equipment and for this purpose may enter the Site or any premises at which the Equipment is located;
12.1.3 you shall ensure the safe and proper storage of the Equipment until it has been collected by Unit Hire; and
12.1.4 without prejudice to Unit Hire’s other rights or remedies, you shall pay to Unit Hire on demand:
(a) all Rental Payments and other sums due but unpaid at the date of such demand together with any interest accrued pursuant to clause 4.9; and
(b) any costs and expenses incurred by Unit Hire in recovering the Equipment or in collecting any sums due under this agreement (including any storage, insurance, repair, transport, legal and remarketing costs).
12.2 On termination of this agreement, you must ensure that you remove all belongings from the Equipment. If you fail to empty the Equipment prior to collection by Unit Hire, Unit Hire may charge you a fee to dispose of any remaining goods and clean the Equipment.
12.3 On termination of this agreement because of your default, or a repudiation of the Hire Contract by you which Unit Hire accepts, or pursuant to clause 11.3 (insofar as the Total Loss is not caused by Unit Hire), without prejudice to any other rights or remedies of Unit Hire, you shall pay to Unit Hire on demand a sum equal to the whole of the Rental Payments that would (but for the termination) have been payable if the agreement had continued from the date of such demand to the end of the Rental Period, less Unit Hire’s reasonable assessment of the market value of the Equipment on sale.
12.4 The sums payable pursuant to clause 12.2 shall be agreed compensation for Unit Hire’s loss and shall be payable in addition to the sums payable pursuant to clause 12.1.4. Such sums may be partly or wholly recovered from any Deposit.
12.5 Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.
12.6 Termination or expiry of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.
13. Force majeure.
Neither party shall be in breach of this agreement or otherwise liable for any failure or delay in the performance of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control. The time for performance of such obligations shall be extended accordingly.
14. Confidential information
14.1 Each party undertakes that it shall not at any time during this agreement, and for a period of two years after termination or expiry of this agreement, disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other party, except as permitted by clause 14.2.
14.2 Each party may disclose the other party’s confidential information:
14.2.1 to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party’s confidential information comply with clause 14; and
14.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
14.3 Neither party shall use the other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.
15. Assignment and other dealings.
This agreement is personal to the parties and neither party shall assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this agreement.
16. Entire agreement
16.1 This agreement constitutes the entire agreement between the parties.
16.2 Each party acknowledges that in entering into this agreement it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
17. Variation.
No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
18. No partnership or agency
18.1 Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
18.2 Each party confirms it is acting on its own behalf and not for the benefit of any other person.
19. Third party rights
19.1 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
19.2 The rights of the parties to rescind or vary this agreement are not subject to the consent of any other person.
20. Notices
20.1 Any notice given to a party under or in connection with this agreement shall be in writing by post or by email.
20.2 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
21. Waiver
21.1 A waiver of any right or remedy is only effective if given in writing.
21.2 A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
22. Governing law.
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England.
23. Jurisdiction.
Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
24. Interpretation
24.1 The following definitions and rules of interpretation apply in this agreement.
“Aborted Delivery Fees”
The aborted delivery fees will be as follows:
a) (if you cancel the Hire Contract or delay a delivery within 2 working days of the delivery/collection date advised to you by Unit Hire) the costs of the delivery/collection.
b) (if you cancel or delay delivery once the Equipment has been received by the haulier for delivery) the costs of delivery, and a payment of 50% of the delivery costs to account for Unit Hire’s costs to collect the Equipment from the haulier.
“Delivery” the transfer of physical possession of the Equipment to you at the Site.
“Delivery Date” the date delivery is completed, as set out in clause 6.2.
“Deposit” the deposit amount set out in an Order.
“Equipment” equipment for hire as set out in the Order, all substitutions, replacements or renewals of such equipment and all related accessories, manuals and instructions provided for it.
“Order” your order for the hire of the Equipment, as set out in your purchase order, or your written acceptance of Unit Hire’s quotation.
“Rental Payments” as set out at clause 4.2.
“Rental Period” the period of hire as set out in the Order.
“Risk Period” the period during which the Equipment is at your sole risk as set out in clause 7.2.
“Site” the location set out in the Order.
“Total Loss” the Equipment is, in Unit Hire’s reasonable opinion damaged beyond repair, lost, stolen, seized or confiscated.
“VAT” value added tax or any equivalent tax chargeable in the UK or elsewhere.
“Waiting Fees” A charge of up to £125 plus VAT per hour, applicable if haulier(s) engaged by Unit Hire to deliver the Equipment are on Site (through no fault of Unit Hire or the haulier) for delivery for longer than 1 hour.
“Weekly Rates” the rates set by Unit Hire from time to time for the hire of the Equipment.
24.2 Clause headings shall not affect the interpretation of this agreement.
24.3 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
24.4 A reference to writing or written excludes fax but not email.
24.5 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
24.6 Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.
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