Terms and Conditions
TERMS AND CONDITIONS FOR HIRE
a) “Applicable Law” means laws and regulations of England and Wales which apply to Unit and/or Plant and/or the provision of the Services and any regulatory policies, guidelines or industry codes which apply to Unit and/or Plant and/or the provision of the Services.
b) “Breakdown” means the inability of Plant to function and be used by the Hirer as a result of a mechanical or electrical fault and all stoppages for normal running repairs.
c) The “Charges” are the fees for the hire of Unit and/or Plant and/or provision of Services as set out in the Quote, or if not stated, as based on the Owner’s list price as amended from time to time.
d) The “Contract” is the Contract between the Owner and the Hirer for the hire of Unit and/or Plant and/or provision of Services, which incorporates the Quote and is governed by these terms and conditions.
e) “Data Protection Legislation” means all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including (i) any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation, as well as (ii) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to data protection and privacy (for so long as and to the extent that the law of the European Union has legal effect in the UK).
f) “Generator” means a generator (excluding welfare generators) made available for hire (or purchase pursuant to clause 13) by the Owner to the Hirer subject to the terms of the Contract.
g) The “Hire Period” shall commence from the time when the Unit and/or Plant leaves the Owner’s depot or place where last employed and shall continue until the Unit and/or Plant is received back at the Owner’s named depot or other agreed location. For the avoidance of doubt the Hire Period includes the time Unit and/or Plant is left on Site during a Holiday Period.
h) The “Hirer” is the customer whose details are set out in the Contract.
i) “Holiday Period” covers any cessation of work over Easter, between Christmas and the New Year and any other Bank or Public holidays.
j) “Liability” means actions, awards, costs, claims, damages, losses (including without limitation any direct or indirect consequential losses), demands, expenses, loss of profits, loss of reputation, judgments, penalties and proceedings and any other losses and/or liabilities.
k) “Limited Use” means the permitted use of a Generator, on the basis that such use is limited to a maximum of 50 hours across a Working Week.
l) “Modular Unit” means a prefabricated and portable building.
m) The “Owner” is Pickerings Hire Limited (Co. No. 00950139) whose registered office is Ashby Road, Measham, Swadlincote, Derbyshire DE12 7JP.
n) “Plant” means furniture; Generators; site connections; container racking; effluent tanks; water and fuel towers; staircases and steps and accessories or any other ancillary items, which the Owner agrees to hire to the Hirer, or anything which is supplied by the Owner to effect the hire, and anything supplied by the Owner for the safe operation and routine inspection and maintenance of the plant, including any replacement to the same, made by the Owner in accordance with the terms of the Contract during its term.
o) “Quote” is the Owner’s quote to hire the Unit and/or Plant to the Hirer which will include the name of the Hirer, details of the Unit and/or Plant to be hired and/or provision of Services, the Hire Period, the Site, the relevant hire rates, the minimum hire period(s), Unlimited Use (if applicable), the Charges and any supplementary conditions to be incorporated into the Contract, as such quote may be amended from time to time in accordance with the terms of the Contract.
p) “Services” includes all services provided by or on behalf of the Owner related to or arising in connection with the hire of a Unit and/or Plant, including for example waste tank emptying services.
q) “Site” is the premises where the Unit and/or Plant shall be situated.
r) “Unit” includes all the classes of Modular Units and welfare generators, erectable structures, accessories and ancillary items or equipment, which the Owner agrees to hire to the Hirer, or anything which is supplied by the Owner to effect the hire, and anything supplied by the Owner for the safe operation and routine inspection and maintenance of the Unit including any replacement to the same, made by the Owner in accordance with the terms of the Contract during its term.
s) “Unlimited Use” means the permitted use of a Generator, which is not limited by time other than in respect of the Hire Period. For the avoidance of doubt, whether a Generator is hired with unlimited use will be specified in the Quote or otherwise in writing.
t) A “Working Day” shall be from 8.00 am to 5.00 pm, Monday to Friday allowing a half-hour lunch break each day, unless otherwise specified in the Contract.
u) A “Working Week” covers the period from 8.00 am on Monday to 5.00 pm on Friday, unless otherwise specified in the Contract.
v) “Working Hours” means 8.00 a.m. to 5.00 p.m. inclusive on any Working Day.
2. EXTENT OF CONTRACT
a) These terms and conditions apply to all Contracts for the hire of Unit and/or Plant and/or provision of Services to the exclusion of all others including any terms and conditions appearing on the Hirer’s purchaser order unless otherwise previously agreed in writing by the Owner.
b) Without prejudice to clause 2(a) the terms contained in a Quote will override the corresponding term in these terms and conditions where a specific reference to the term or condition being overridden is made and such Quote is signed on behalf of each of the Owner and the Hirer.
c) All orders issued by the Hirer are subject to acceptance at the Owner’s absolute discretion and are not binding upon the Owner until accepted by the Owner by either accepting the order in writing or dispatching the Plant or Units to the Hirer (whichever occurs earlier), at which point a ‘Contract’ comes into existence. The Hirer may not cancel or vary any order which the Owner has accepted. All Plant and/or Units are offered subject to availability.
d) Each Contract is a separate legal contract and contains all the terms agreed by the parties in relation to its subject matter and supersedes all prior agreements, understandings and arrangements whether oral, in writing or arising from a course of dealing. Each party acknowledges that in entering into a Contract it has not relied upon any matter not set out in it.
e) The Owner reserves the right to change the specifications for the Plant, Unit and/or Services without notice to the Hirer to comply with safety and other requirements.
f) The Owner shall use its reasonable efforts to commence the provision of the Services on or around any estimated start date set out in any Quote, but time of performance shall never be of the essence.
3. UNLOADING AND LOADING
a) The Hirer shall be responsible for ensuring unobstructed access and egress for unloading and loading of the Unit and/or Plant at the Site. If a ‘double load’ is specified, the Hirer confirms it can accept a vehicle that is a minimum of 64 feet in length. If access is restricted or prevented, aborted delivery and associated costs will be charged to, and payable by, the Hirer.
b) Any personnel supplied by the Owner for such unloading and / or loading shall be deemed to be under the direction and control of the Hirer. Such personnel shall for all purposes in connection with their employment in the unloading and/or loading of the Unit and/or Plant be regarded as the servants or agents of the Hirer and the Hirer shall be solely responsible for all claims arising in connection with unloading and / or loading of the Unit and/or Plant by, or with the assistance of, such personnel.
c) Unless formally requested by the Hirer, all lifting operations are carried out as defined under BS7121 as a “Hired & Managed Lift”. This is where the Hirer assumes the role of Contractor and the Owner is the Equipment Provider. This in accordance with ALLMI terms and conditions which can be made available upon request.
d) Generic Lifting Information – “Hired & Managed Lift”
The Owner shall not contribute to the Lifting Operation (as defined at 8(2) of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)) other than to provide the information below;
(i) information concerning the lifting duties and rated capacities of the equipment being supplied;
(ii) information on the maximum forces being placed through the lorry loader stabilisers; and/or
(iii) information on the type and considerations of lifting accessories available.
The Owner shall accept no further liability for any act or omission causing loss or damage arising out of or in connection with the Lifting Operation, including any liability in connection with Regulation of 8(1) of LOLER, howsoever caused.
Notwithstanding the above, the Owner shall ensure that all equipment provided is adequately maintained and is safe for use in accordance with the requirements of LOLER and PUWER, and that, where applicable, such equipment has been Thoroughly Examined in accordance with the requirements of LOLER and Part 2 of the BS7121.
4. DELIVERY IN GOOD ORDER AND MAINTENANCE
a) Unless notification in writing to the contrary is received by the Owner from the Hirer within three Working Days of the Unit and/or Plant being delivered to the Site, the Unit and/or Plant shall be deemed to be in good order, save for either an inherent fault or a fault not ascertainable by reasonable examination, in accordance with terms of the Contract. Where the Unit(s) requires to be erected on Site, the period stated above shall be calculated from the date of completed erection of Unit(s). The Hirer shall be responsible for the safe keeping of the Unit and/or Plant, its use in a workmanlike manner within the manufacturer’s rated capacity and in accordance with the manufacturer’s and/or the Owner’s recommendations, and its return on the completion of the Hire Period in equal good order (fair wear and tear excepted).
b) The Hirer shall at all times keep itself acquainted with the state and condition of the Unit and/or Plant. If such Unit and/or Plant is continued at work or in use in an unsafe and unsatisfactory state or environment, the Hirer shall be solely responsible for any damage, loss, cost, expense or accidents whether directly or indirectly arising as a result of such use.
c) A copy of any inspection report required under Applicable Law shall be supplied by the Owner, if requested by the Hirer, and returned on completion of the Hire Period.
d) The Owner warrants that the Services will be performed with reasonable care and skill and in accordance with all Applicable Law.
e) Subject to clause 7, the Hirer’s only remedy in respect of a breach of the warranty in clause 4(d) above will be, at the Owner’s sole discretion, re-performance of the Services or a refund of the Charges for the Services.
f) No warranty is given that the Unit and/or Plant is suitable for the purpose required by the Hirer.
5. GROUND AND SITE CONDITIONS
a) The Hirer is deemed to have knowledge of the Site or the property or land where the Unit and/or Plant is to be delivered and the Hirer warrants that the condition of the Site or place of delivery of the Unit and/or Plant is suitable for the use of such Unit and/or Plant.
b) If, in the opinion of the Owner, the ground (including any private access road or track) is soft or unsuitable for the Unit and/or Plant to work on, travel over, be transported over, be erected or dismantled on the Owner reserves the right to: (i) not deliver or collect the Unit and/or Plant without timbers or equivalent support, which the Hirer shall supply at its own cost and lay in a suitable position for the Unit and/or Plant to travel over, work on, be transported over, be erected or dismantled on, including for the purpose of delivery and collection; or (ii) refuse to deliver or collect the Plant and/or Hire until the ground is suitable. Aborted delivery and any associated costs will be charged to the Hirer and Charges will continue to apply.
c) The Hirer is responsible for the protection of, and liable for any damage to, any underground, surface or above ground services and utilities including, but not limited to cables, ducts, water pipes and gas lines, and any pavements, bridges, tunnels and roadways on or adjacent to the Site and the Hirer shall liaise as necessary and comply with all requirements of the relevant statutory authority or similar body and Applicable Law.
6. HIRER’S OBLIGATIONS
a) In order to enable the Owner to perform its obligations under the Contract, the Hirer shall co-operate fully with the Owner and provide the Owner with any information that it reasonably requires.
b) The Unit and/or Plant shall at all times remain the property of the Owner, and the Hirer shall have no right, title or interest in or to the Unit and/or Plant (save the right to possession and use of the Unit and/or Plant subject to the Contract). The risk of loss, theft, damage or destruction of the Unit and/or Plant shall pass to the Hirer on delivery and shall continue during the Hire Period until such time as the Unit and/or Plant is redelivered to the Owner. The Hirer is responsible for insuring the Unit and/or Plant and/or the contents of the same at all times during the Hire Period.
c) The Hirer shall at all reasonable times allow the Owner, its agents or its insurers to have access to the Site and Unit and/or Plant to inspect, test, adjust, repair or replace the same.
d) The Hirer will be responsible for compliance with all Applicable Law, including the cost of any insurances, including, without limitation, insurance against loss or damage to the Plant or Unit and public liability insurance, to cover all of the Owner’s employees, agents and/or sub-contractors whilst on the Hirer’s premises or the Site and against all acts and omissions including, without limitation, those of negligence. The Hirer shall obtain all permissions, landlords’ waivers, planning permissions, consents and licences required for the Unit and/or Plant under any Applicable Laws and shall comply with any conditions imposed in relation to the same.
e) Subject to clause 8(d), the Hirer shall indemnify the Owner against any Liability, including any legal costs that the Owner may become subject to as a result of the operation, state, condition or use of the Unit and/or Plant and/or provision of the Services during the Hire Period except where such Liability arises due to the fault of the Owner.
f) The Hirer shall not remove, deface or cover up the Owner’s name plate or mark on the Unit and/or Plant indicating that it is the Owner’s property, without the prior written permission of the Owner.
g) If the Unit and/or Plant is involved in any accident resulting in injury to persons or damage to property, immediate notification must be given by the Hirer to the Owner by telephone and confirmed in writing to the Owner no later than 24 hours after such telephone notification. No admission of liability, offer, promise of payment or indemnity shall be made by the Hirer without the Owner’s prior written permission.
h) The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Unit and/or Plant except as provided under clause 15(c) and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all Liability arising as a direct result of any failure to observe and perform this condition.
i) The Unit and/or Plant shall not be moved from the Site without the prior written permission of the Owner.
j) The Hirer shall pay the cost of and, if required by the Owner, arrange transport of, the Unit and/or Plant from the Owner’s depot or other agreed location to the Site and return to the Owner’s named depot or other agreed location on completion of the Hire Period.
7. LIMITATION OF LIABILITY
a) The Owner’s total Liability to the Hirer for acts and/or omissions under the Contract shall not exceed: (i) £1,000,000 in relation to any damage to tangible property; and (ii) for all other Liability 125% of the amount paid by the Hirer under the Contract.
b) The Owner shall have no Liability to the Hirer for any: (i) expenses, loss of profits and/or damage to goodwill; (ii) special damages; (iii) aggravated, punitive and/or exemplary damages; (iv) business interruption, loss of business, loss of contracts, loss of opportunity, loss of use of the Plant, Unit or any other asset or facility, and/or production; and/or (v) consequential losses and/or indirect losses.
c) The Owner accepts no Liability due to or arising from the Plant and/or Unit becoming unusable or uninhabitable through any cause whatsoever, or through non-arrival arising from accident or breakdown during loading, unloading or transport of the Plant and/or Unit and its contents, or through failure of the Plant and/or Unit due to inadequate foundations having been provided by the Hirer or its not having been erected in a proper manner.
d) The Owner does not accept Liability suffered by the Hirer due to the delay or cancellation of a delivery, installation, dismantle or collection caused by inclement weather or any other occurrences outside the direct control of the Owner.
e) Each of the limitations and/or exclusions in these terms and conditions shall be deemed to be repeated and apply as a separate provision for each of: (i) Liability in contract (including fundamental breach); (ii) Liability in tort (including negligence); (iii) Liability for breach of statutory duty; and (iv) Liability for breach of common law and/or under any other legal basis except that the clauses above placing financial caps on the Owner’s Liability shall apply once in respect of all of the said types of Liability.
f) The Owner shall have no liability or responsibility for any loss, or damage of whatever nature due to or arising through any cause beyond its reasonable control.
g) Nothing in these terms and conditions shall exclude or limit a party’s Liability for death or personal injury due to its negligence or any Liability which is due to its fraud or any other liability which it is not permitted to exclude or limit as a matter of law.
h) All warranties, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law.
i) The limitations in these terms and conditions are necessary in order to allow the Owner to provide the Plant and/or Unit and/or the Services at its current prices.
8. INSURANCE AND HIRER’S RESPONSIBILITY FOR LOSS AND DAMAGE
a) For the duration of the Hire Period, the Hirer shall issue and keep the Owner’s Unit and/or Plant and any accessories comprehensively insured to the full replacement value thereof during the full period of the hire against all normal risks including loss or damage by fire, accident or any other cause. The Hirer hereby irrevocably appoints the Owner to be the Hirer’s sole agents and the only persons to receive all moneys payable under such insurance and to negotiate, agree or compromise with the insurers as to the amounts so payable. Any insurance money payable shall be applied as follows: (i) if the Unit and/or Plant is damaged and in the opinion of the insurers it can be economically repaired, in making good the damage; or (ii) at the option of the Owner either in replacement by other similar Unit and/or Plant to which these terms and conditions shall then apply or in terminating the Contract with immediate effect and the insurance money being used to compensate the Owner for all loss suffered as a result of the loss or damage. Any surplus insurance money shall be paid to the Hirer. The Hirer also agrees that any deficiency in insurance money for the Owner’s losses shall be made up by the Hirer, payable on demand.
b) It is the responsibility of the Hirer to insure its own property including any Unit contents. Subject to these terms and conditions, the Owner shall have no Liability for any loss or damage to the Hirer’s property including any Unit contents.
c) For the duration of the Hire Period the Owner shall have no Liability for and the Hirer shall make good to the Owner all loss of or damage to the Unit and/or Plant from whatever cause the same may arise (fair wear and tear accepted), except where such loss or damage arises due to the fault of the Owner and shall, subject to clause 8(d), also indemnify the Owner in respect of all claims by any person whatsoever for injury to person or property caused by or in connection with or arising out of the storage, transit, transport, unloading, loading or use of the Unit and/or Plant during the Hire Period, except where such loss or damage arises due to the fault of the Owner. In the event of such loss of or damage to the Unit and/or Plant, Charges shall continue (at rates as may be reduced by the Owner at its sole discretion, from time to time) until the settlement has been agreed. Payment of the settlement must be made within 21 calendar days of the date of the agreement of the settlement.
d) Notwithstanding the above, the Hirer shall not be responsible for damage, loss or injury where the Unit and/or Plant is in transit by transport of the Owner or as otherwise arranged by the Owner to and from the Site or, where the Site is not immediately adjacent to a highway maintainable at the public expense, prior to its leaving such highway.
9. BASIS OF CHARGING
a) The Charges are exclusive of the costs of delivery, insurance, installation, VAT and any other applicable taxes, duties and charges all of which must be paid by the Hirer in addition to the Charges.
b) The Charges will be invoiced as set out in the Quote or if no such payment schedule is set out, weekly. Each invoice must be paid in full and cleared funds without set off or deduction in pounds sterling (£) within 30 days of the date of the Owner’s invoice. Time of payment of the Charges shall be of the essence.
c) If the Hirer does not make payment of the Charges by the due date, the Owner has the right to suspend performance of its obligations under the Contract without liability to the Hirer, including performing the Services and/or enter the Site to retrieve the Unit and/or Plant.
d) The Owner reserves the right to increase the Charges: (i) at any time prior to delivery to reflect any increase in the cost of supplying the Unit and/or Plant and/or performing the Services due to factors beyond Supplier’s reasonable control, including any changes in Applicable Law; and/or (ii) upon one month’s notice to the Hirer at any time after the minimum period in the Contract.
e) The Owner reserves all rights to charge the Hirer for all costs the Owner has incurred due to the delay or cancellation of a delivery, installation, dismantle or collection, caused by inclement weather, or any other occurrence outside the direct control of the Owner.
f) The Owner reserves the right to charge the Hirer for the late payment of any outstanding invoices under the Late Payment of Commercial Debts (Interest) Act 1998, or any subsequent legislation.
10. COMMENCEMENT AND TERMINATION OF CONTRACT
a) The Hire Period shall commence from the time when the Unit and/or Plant leaves the Owner’s depot or place where last employed and shall continue until the Unit and/or Plant is received back at the Owner’s named depot or other agreed location but an allowance may be made of not more than one day’s hire charge each way for travelling time. If the Unit and/or Plant is used on the day of travelling, full hire rates shall be paid for the period of use on that day. If more than one day is properly and unavoidably occupied in transporting the Unit and/or Plant, a hire charge shall be payable for such extra time.
b) Upon the completion of the Hire Period, the Hirer shall clean and where necessary, decontaminate the Unit and/or Plant. All fuel, contaminates and effluents will be removed from bunds, storage tanks and bowsers. All Unit and/or Plant will be inspected upon return to the Owner and any damage, missing items or missing fuel will be charged to the Hirer. The Hirer shall be liable for any costs, liabilities and expenses incurred by the Owner should the Hirer fail to comply with this clause. A cleaning charge may be levied on the Hirer by the Owner for a basic clean when the Unit and/or Plant is returned to the Owner in an unsatisfactory condition. In all cases, the Owner will provide notice of such charges to the Hirer within 7 Working Days of the return of the Unit and/or Plant. Within this period the Hirer has the opportunity to inspect the Unit and/or Plant after which they will be liable to pay on demand such cleaning charges unless otherwise agreed with the Owner.
c) The Owner shall be entitled to terminate the Contract immediately by notice in writing to the Hirer if: (i) the Hirer fails to make payment of any sum due including the Charges to the Owner payable pursuant to the Contract; (ii) the Hirer commits an irremediable breach of the Contract, persistently repeats a remediable breach or commits any remediable breach and fails to remedy it within 30 days of receipt of notice of the breach requiring remedy of the same; or (iii) the Hirer is the subject of bankruptcy, insolvency or similar proceedings, whether in the United Kingdom or otherwise; or (iv) the Hirer does or causes to be done or permit or suffer any act or thing which may prejudice or jeopardise the Owner’s rights in the Unit and/or Plant; or (v) the Hirer ceases or threatens to cease to carry on business; or (vi) there is at any time a material change in the management, membership or control of the Hirer; or (vii) if the Owner reasonably apprehends that any of the events specified in sub clause (i) to (vi) is about to occur in relation to the Hirer and notifies the Hirer accordingly.
d) In the event of termination under sub-paragraph (10 (c)) above: (i) the Hirer must give the Owner or its agents, immediate unobstructed access to recover the Unit and/or Plant; (ii) the Owner shall be entitled to claim the Charges outstanding as at the date of termination of the hire under this clause and any additional charges incurred by the Owner in the repossession of the Unit and/or Plant, including transport costs, charges and interest payable under these terms and conditions.
e) At the end of the minimum Hire Period set out in the Quote (and if no such period is set out in the Quote, the minimum for a Modular Units 26 weeks and for all other Units 4 weeks), the Hire Period will automatically renew for the same period of time on a rolling basis and unless otherwise agreed, the Hirer shall be entitled to terminate the Contract: (i) in the case of Plant, upon 4 weeks’ prior written notice; (ii) in the case of a Unit that is not a Modular Unit, upon four weeks’ prior written notice; and (iii) in the case of a Modular Unit, upon 12 weeks prior written notice. Notwithstanding that the Owner may agree to less notice, the Hirer’s obligations shall continue until the Unit and/or Plant is received back at the Owner’s nominated depot or other agreed location.
f) If the Hirer wishes to terminate the Contract before: (i) the Hire Period commences; or (ii) the Hire Period is completed, then provided the Owner accepts such termination the Hirer is liable to pay in full the Charges for the minimum Hire Period set out in the Quote (or if not set out in the Quote then as referred to in clause 10 (f) above) and, where a discount was applied based on the Hirer hiring the Unit and/or Plant for a set period of time, the Owner reserves the right to charge the Hirer any difference in pricing for early termination (i.e. the difference between list price and Charges).
11. UNITS AND MODULAR UNITS
a) The Hirer is responsible for the connection and disconnection of main services on Site. The Unit shall be electrically tested prior to delivery and certification will be provided by the Owner. It shall then be the Hirer’s responsibility for complying with all Applicable Laws applicable to the use and operation of the Unit, including annual formal visual and operation electrical testing.
b) Additional charges will be payable by the Hirer should the Owner need to amend the pads for a Modular Unit.
c) The Hirer must provide a minimum of 3 Working Days’ notice for all requests for Services, including tank empties.
d) It is the Hirer’s responsibility to ensure that all Units are accessible for the Owner’s service vehicles. Any additional costs incurred by the Owner as a result of the Hirer’s failure to comply with this clause shall be payable by the Hirer.
e) Where a Unit requires to be dismantled for the purpose of transportation to the Owner’s depot or other agreed location, or assembled on the Site or other agreed location, if the Owner agrees to a modification of the Charges for the period required for assembling on Site and dismantling upon completion of the Hire Period, such modification of the Charges and/or the Hire Period shall be stated in the Quote.
f) Unless otherwise specified in the Contract, the supply of Modular Units excludes the following: (i) anti-vermin wire mesh to surround the base of the Modular Unit; (ii) fire rated Modular Units; (iii) haulage, installation, labour and cranage services provided outside of a Working Week; (iv) Site clearance, access to Site (including taking down overhead cables), scaffolding, hard-standing area for the Modular Unit, trenches and trackway, external steps and ramps; (v) level concrete foundations; (vi) fire alarm systems, intruder systems, security alarms, emergency lighting, fume extraction equipment, firefighting equipment & maintenance programme, air conditioning; (vii) external connections of water, foul drainage, electricity supply, computer networking and telephone lines; (viii) shelving, pin-boards and dry-wipe boards benches to offices, office furniture, lockers, catering equipment, telephone and data points, (ix) removal of waste materials from the Site and provision of specialist cleaning contractors for cleaning the Modular Unit on completion of handover; (x) assistance with any planning permission including the payment of any planning permission regulation fees.
12. GENERATORS AND PLANT
a) Generators hired with Limited Use
(i)Where a Generator has been supplied on the basis of Limited Use:
(I) the Hirer shall provide to the Owner for each Working Week an accurate statement of the number of hours a Generator has worked each day, in a format requested by the Owner.
(II) the Owner shall be responsible for the costs of repairs, inclusive of the costs of spares for normal running repairs. The Hirer shall be responsible for all other costs and expenses involved arising from any Breakdown, unsatisfactory working of or damage to any part of such a Generator whether due to acts or omissions of third parties and/or the Hirer, including any negligence, misdirection or misuse of that Generator, whether by the Hirer or on its behalf, unsatisfactory working or damage or otherwise. The Hirer is also responsible for the cost of spares and / or repairs due to theft, loss or vandalism of that Generator.
(III) unless otherwise set out in the Quote, the Hirer acknowledges that the Charges for the Generator are based upon the Hirer working a Working Week of up to 50 hours only. It is hereby agreed that in the event of: (aa) there being any agreed change in the normal weekly hours in the industry in which the Hirer is engaged; or (bb) the Quote makes reference to a Working Week of other than 50 hours, the definitions at clauses 1(t) and 1(u) shall be deemed to be varied accordingly.
(IV) where such a Generator is used in breach of clause 12(a)(i)(III), the Hirer shall be charged for the full Charges payable under the Contract and in accordance with Clause12(b).
(b) Generators hired with Unlimited Use
Where a Generator is hired with Unlimited Use (as specified in the Quote), the Hirer shall be charged the weekly or monthly rate irrespective of the number of hours a Generator is worked, except in the case of a Breakdown for which the Owner is responsible.
(c) Return of Plant for repairs
If during the Hire Period the Owner decides that urgent repairs to the Plant are necessary then it may arrange for such repairs to be carried out on Site or at any location of its nomination. In the event that such repairs are not due to acts or omissions of third parties and/or the Hirer including any misuse, misdirection or negligence, the Owner shall be obliged to replace the Plant with similar Plant if available, and shall pay all transport charges involved. In the event of the Owner being unable to replace the Plant the Owner shall be entitled to terminate the Contract immediately by giving written notice to the Hirer. If such termination occurs: (i) within three months from the commencement of the Hire Period, the Owner shall pay all transport charges involved, or, (ii) more than three months from the commencement of the Hire Period, the Owner shall be liable only for the cost of reloading and return transport.
(d) Plant Breakdown, repairs and adjustment
(i) Where the Owner is responsible for a Breakdown, a pro rata allowance to the agreed weekly or monthly rate shall be made for each full Working Day a Breakdown subsists, calculated to the nearest half Working Day. Any call out Services provided outside Working Hours shall be subject to additional charges at the Owner’s then current rates. Where a Breakdown has occurred due to acts or omissions of third parties and/or the Hirer, including any negligence, misdirection or misuse of the Plant, the Hirer shall pay the full Charges.
(ii) Any Breakdown or the unsatisfactory working of or damage to any part of the Plant must be notified immediately to the Owner, and confirmed in writing. Any claim for Breakdown will only be considered from the time and date at which written notification is received and acknowledged by the Owner.
(iii) The Hirer shall not (except for the changing of any tyre and repair of punctures), repair, modify or alter the Plant without the prior written permission of the Owner. The changing of any tyre and repair of punctures are however the responsibility of the Hirer who should arrange for them to be changed / repaired. The Hirer is responsible for all costs incurred in the changing or replacement of any tyre (which must be of an equivalent specification) as approved by the Owner and for the repair of any puncture.
(e) Other stoppages
No claims will be admitted (other than those allowed for a Breakdown ), for stoppages through causes outside the Owner’s control, including but not limited to bad weather and/or ground conditions nor shall the Owner be responsible for the cost or expense of recovering any Unit and/or Plant from soft or unsuitable ground, or a hazardous environment. For the avoidance of doubt, the Hirer shall be responsible for the cost and expense of recovering any Unit and/or Plant from soft or unsuitable ground or a hazardous environment as well as the Charges.
(f) Loss of Plant due to Breakdown
Each item of Plant specified in the Contract is hired as a separate unit and the Breakdown or stoppage of one or more Plant or vehicles (whether the property of the Owner or otherwise) through any cause whatsoever, shall not entitle the Hirer to compensation or allowance for the loss of working time by any other unit or units of Unit and/or Plant working in conjunction with the Plant, provided that where two or more items of Plant are expressly hired together as a unit, such items shall be deemed to be one unit for the purpose of a Breakdown.
(g) Fuel, oil and grease
Fuel, oil and grease shall, when supplied by the Owner, be charged at the Owner’s standard rate, as amended from time to time, and when supplied by the Hirer, shall be of a grade or type specified by the Owner. The Hirer shall be solely responsible for all damages, losses, costs and expenses incurred by the Owner if the Hirer uses the wrong fuel, oil or grease.
13. PURCHASING PLANT AND/OR UNIT
(a) Where the Hirer is hiring Plant and/or Unit and wishes to purchase the same from the Owner or wishes to place an order to purchase new Plant and/or Unit, the parties shall enter into a new contract in accordance with the Owner's terms and conditions of purchase, which shall include a terms which require the Hirer to pay 50% of the charges payable for the Plant/Unit at the time of Owner accepting the Hirer's offer to purchase in writing and the remainder payable at least [x] days prior to delivery of the Plant/Unit.
14. DATA PROTECTION
(a) The parties acknowledge that the Owner will during the course of providing the Services collate personal data from the Hirer, in order to provide the Services. The Owner shall deal with such personal data in accordance with its Privacy Notice available at https://www.pickeringshire.co.uk/customers-privacy-policy.
(b) Both parties agree to comply with all applicable requirements of the Data Protection Legislation. This Clause 14 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
(a) If any of these clauses are held to be unlawful, void or unenforceable, then that clause will be deemed severable and will not affect the validity, legality or enforceability of the remaining clauses, to the extent permitted by law.
(b) The Owner and the Hirer do not intend that any of the terms of the Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to the Contract, except that a person who is a successor to or an assignee of the rights of the Owner is deemed to become a party to the Contract after the date of succession or assignment (as the case may be).
(c) The Hirer may not transfer, assign or otherwise part with the whole or any part of any Contract without the Owner’s prior written consent. The Owner shall be entitled to assign, transfer, sub‑contract or otherwise part with the whole or any part of the Contract or any right or obligation under it to any third party.
(d) No purported variation of the Contract shall take effect unless made in writing, and signed by an authorised representative of each party.
(e) Any waiver of a breach or default of the terms of the Contract shall not constitute a waiver of any subsequent breach or default.
(f) Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(g) Nothing in these terms and conditions shall exclude or limit any statutory rights which cannot be excluded or limited due to the Hirer acting as a consumer. Any provision which would be void under any consumer protection legislation or other legislation shall to that extent, have no force or effect.
(h) The Contract shall be governed by the laws of England and Wales each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.