Standard Conditions of Sale for App Purchases
The Buyer’s attention is drawn in particular to Conditions 7 (Quality) and 8 (Limitation of Liability)
In these Conditions “Buyer” means the person or company whose order for the Goods is accepted by the Company in accordance with these Conditions; “Company” means Hanson Quarry Products Europe Limited; “Conditions” means these conditions of sale and any variation of them which is agreed in accordance with these Conditions; “Contract” means the contract between the Company and the Buyer for the sale and purchase of the Goods; and “Goods” means the goods which the Company is to supply under this Contract in accordance with these Conditions.
- BASIS FOR SALE
- These Conditions (and any additional terms contained in the quotation and/or mix design supplied by the Company) apply to all sales of the Goods to the exclusion of all other terms and conditions. No terms or conditions written upon, delivered with, or contained in the Buyer’s purchase order, specification or similar document will form part of the Contract. No variation or addition to these Conditions (including the Buyer’s own terms) is effective unless expressly confirmed in writing by a director of the Company. In the absence of such express confirmation in writing, acceptance of delivery of the Goods or any quantity of them shall be deemed to be acceptance by the Buyer of these Conditions.
- Each order for the Goods by the Buyer to the Company shall be deemed to be an offer by the Buyer to purchase the Goods subject to these Conditions and shall be accepted by the Company either when the Company emails the Buyer to confirm this (“Confirmation Email”) or (if earlier) when the Company delivers the Goods. Any quotation is given by the Company on the basis that no Contract will come into existence until the Company accepts the order by sending a Confirmation Email to the Buyer or (if earlier) delivering the Goods.
- The quantity, quality, description and specification of the Goods shall be those set out in the Confirmation Email, otherwise as set out in the delivery confirmation at delivery.
- If the Buyer varies, cancels or refuses to accept delivery of an order then the Buyer shall pay all additional costs that may be incurred by the Company. The Buyer acknowledges that the right to cancel afforded by Part 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 shall not apply once the concrete has been batched since concrete is liable to deteriorate rapidly.
- Each order placed by the Buyer must be for a minimum of 1 metre of Goods and the Company is not obliged to supply any orders for Goods below 1 metre. Any additional volume of Goods required in excess of the volume originally ordered must be ordered via the BuildR app.
- Delivery of the Goods shall take place on discharge from the Company’s vehicle at the Buyer’s site.
- The Buyer must provide safe and adequate access to the point of discharge of the goods, including adequate manoeuvring space for the delivery vehicle and ensuring the Company’s employees and/or agents are safe on the Buyer’s site. Failure to comply shall entitle the Company to refuse to make delivery. The Buyer must provide the Company with adequate wash out facilities for the Company’s delivery vehicle, prior to the Company’s vehicle leaving the Buyer’s site.
- The Buyer shall indemnify the Company and its employees, drivers and agents against any damage or injury caused by the acts and/or omissions of the Buyer, its employees, sub-contractors or agents while the delivery vehicle is present on or accessing the Buyer’s site.
- On any delivery (howsoever effected), the Buyer must (i) satisfy itself as to the condition of the Goods; (ii) allow unhindered delivery of the Goods; (iii) sign the delivery confirmation; (iv) sign any record produced by the Company or its drivers in respect of any delay after the arrival of the Goods at the Buyer’s site, including standing time, or other records.
- Where the Buyer fails to comply with any of the conditions contained in Condition 3.4, or the Company is unable to deliver the Goods on time because of the Buyer’s default then the Goods will be deemed to have been delivered.
- Any time, period or date specified by the Company for delivery of the Goods is an estimate only. The Company shall not be liable for any damages or losses arising out of failure to meet such time, period or date.
- RISK AND TITLE
- The risk in the Goods shall pass on delivery as provided by these Conditions.
- Ownership of the Goods shall not pass to the Buyer until the Company has received in full all sums due to it in respect of the Goods.
The price payable for the Goods shall be the price stated in the Confirmation Email. The price is inclusive of value added tax (VAT) at the applicable rate.
- The Company accepts the following credit cards and debit cards: Visa, Mastercard and American Express. The Company does not accept payment by cash.
- The Company will do all that it reasonably can to ensure that the information submitted by the Buyer when paying for the Goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on the Company’s part the Company will not be legally responsible for any loss that the Buyer may suffer if a third party gains unauthorised access to any information provided to the Company by the Buyer.
- All payments by credit card or debit card need to be authorised by the relevant card issuer. If payment is not received by the Company for whatever reason and the Goods have already been received by the Buyer, the Buyer shall pay for such Goods within 30 days of receiving them.
- The Company may refuse (under this Contract or other contracts with the Buyer or any of its associated companies) to accept or complete any order, suspend supplies, impose special conditions or cancel the Contract if (i) the Buyer’s credit limit is or will be exceeded on delivery; or (ii) where the Buyer fails to comply with these Conditions; or (iii) if the Buyer is subject to any form of insolvency procedure; or (iv) where the Buyer wishes to pay in cash.
- In the case of late payment the Buyer shall pay the Company interest on the net payment due at the rate set by the then current order pursuant to section 6 of the Late Payment of Commercial Debts (Interest) Act 1998 (or any re-enactment thereof).
- Whether in relation to this Contract or other contracts between the parties, the Buyer shall not have any right of set-off, counterclaim, discount, abatement or otherwise, nor to withhold any payments due to the Company in the event of any dispute. The Company shall be entitled to set off without notice any liability of the Buyer to the Company against any liability of the Company to the Buyer, whether arising under this Contract or any other contract between the Company and the Buyer.
- All sums payable to the Company by the Buyer in respect of any Goods delivered by the Company to the Buyer, shall become due immediately on termination of the Contract, on commencement of legal or dispute resolution proceedings against the Buyer or upon any failure by the Buyer to make payment for the Goods by the due date for payment.
- In the event of any breach of these Conditions by the Buyer, or dispute between the parties relating to this Contract or any other contract between them, the Company shall be entitled to suspend, withdraw or terminate any discount or rebate agreement between the Parties, affecting this Contract or any other contract between them.
- The Company warrants that the quality of the Goods shall be in accordance with the specification quoted by the Company based on the requirements provided by the Buyer; however the Company shall have no liability in respect of any minor deviations from any specification if the Goods are still compliant with applicable regulations or an independent expert has opined that the Goods are still suitable for uses appropriate with such specification. Subject to Conditions 7.2 and 8, where Goods supplied by the Company are proved to be defective or otherwise not in accordance with the Contract (“Defective Goods”): (a) the Company will at its sole discretion either (i) replace the Defective Goods as promptly as practicable; or (ii) refund the price paid for the Defective Goods; and (b) the Company shall reimburse the Buyer the cost of physically removing the Defective Goods, subject always to the limitations on liability in Conditions 7.2 and 8 below. The Buyer shall be under a strict duty to mitigate and minimise the adverse consequences, damages, loss, costs and expense arising from the supply of Defective Goods.
- In any event, the Company shall not be liable under Condition 7.1 for any defect or failure in the Goods unless the Buyer (i) notifies the Company in writing of the alleged defect or failure within 14 days of delivery, or where the defect or failure was not apparent on reasonable inspection at the time of delivery, within 14 days of the time when the defect or failure ought reasonably to have been discovered; and (ii) allows the Company all reasonable facilities to investigate any such defect or failure promptly and to advise the Buyer of any remedial action which may be appropriate; and (iii) follows any reasonable remedial action recommended to it by the Company; and (iv) provides documentary evidence satisfactory to the Company that the Goods do not meet the applicable specification. If any Goods are known by the Buyer to be outside of specification or the terms of any order, under no circumstances shall the Company ever be liable for costs or liabilities relating to the continuance of works or further constructions, any such works or constructions at the sole risk of the Buyer.
- The Company warrants that the Goods will be reasonably fit for the purpose or application made known by the Buyer to the Company at the time of placing its order for the Goods, and under no circumstances shall the Company be liable for costs or liabilities relating to the use of the Goods for any other purpose or application. All other warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979 (as amended)) are, to the fullest extent permitted by law, excluded from the Contract.
- Any sampling and testing shall be carried out in accordance with such British Standard or European Standard or specification as is accepted by the Company to be appropriate. Compliance with such standard or specification shall be discharged by the Company at the Buyer’s cost at the time of supply of the Goods to the Buyer and on the basis that the Company is the supplier and not the user of the Goods. No liability is accepted by the Company for surface finish.
- The Company shall not be liable to the Buyer for any losses or costs resulting from unsuitable application, wrongful handling or placing of the Goods or inclement weather.
- Concrete must be discharged within two hours of batching (or as otherwise agreed at the Company’s discretion but at Buyer’s sole risk). If the Buyer prevents such discharge, the Buyer will be charged for the concrete, its delivery, return and disposal. The Company accepts no responsibility for the workability, strength or quality of its concrete if the Buyer shall have added anything whatever to it or authorised the alteration of the mix or failed to keep appropriate records relevant to its receipt and use.
- LIMITATION OF LIABILITY
- Nothing in these Conditions shall limit or exclude the liability of the Company for death or personal injury resulting from the negligence of the Company, its employees or agents or for fraudulent misrepresentation. Save as specified in Condition 7.1, the Company shall not be liable whether in contract, tort (including negligence or breach of statutory duty), or otherwise to the Buyer for any form of damage, loss, cost or expense, whether direct, indirect, consequential, physical or economic (including but not limited to loss of profit and liquidated and/or unliquidated damages attributable to delay and/or disruption), which arises out of or in connection with the supply of the Goods or their use by the Buyer.
- The maximum aggregate liability of the Company arising out of Condition 7.1 or in connection with the supply of Goods or their use by the Buyer (including any refund made pursuant to Condition 7.1 (ii) above and/or any reimbursement made pursuant to Condition 7.1(b)) shall be limited to three times the price of the Defective Goods, save that in the event that such sum is less than the cost of physical removal provided for in Condition 7.1 above, the Company shall be liable for the additional cost of physical removal of the Defective Goods up to a maximum of a further sum of £50,000.00.
- The Company’s maximum aggregate liability for all other matters arising under, out of, or in relation to this Contract (but excluding in respect of Defective Goods), shall be limited to £100,000.
- The Buyer acknowledges it bears the risk of all additional expenses, costs, losses, damages and liabilities which are incurred. The Buyer acknowledges it can obtain insurance to cover such potential expenses, costs, losses, damages and liabilities. Should the Buyer wish the Company to have a higher limit of liability this must be raised with the Company at the earliest opportunity and expressly agreed by the Company in writing.
- The Company will use reasonable endeavours to inform the Buyer if the Company is prevented or hindered from manufacturing, supplying or delivering the Goods due to breakdown of plant, non-availability of material, labour disputes, fire accident or inclement weather, transport difficulties, delays or any circumstances outside the Company’s control but shall have no liability to the Buyer for failure to deliver in such circumstances.
- Any notice to be given by either party to the other shall be in writing addressed to the party’s registered office or principal place of business or such other address as may be notified to the other party from time to time.
- The benefit of this Contract may not be assigned by the Buyer but is fully assignable by the Company. A person who is not a party to this Contract shall not have any rights to enforce its terms.
- Any provision of the Contract held to be illegal, invalid, void, voidable or unenforceable, in whole or in part, shall be deemed severable and all remaining conditions of the Contract shall not be affected.
- The Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts for any dispute in respect of these Conditions.
Standard Conditions of Pump Hire
The Hirer’s attention is drawn in particular to Conditions 12 (Limitation of Liability), 13 (Hirer’s Responsibility for Loss and Damage) and 19 (Cancellation Terms)
In these Conditions “Company” means Hanson Quarry Products Europe Limited; “Conditions” means these conditions of pump hire and any variation of them which is agreed in accordance with these Conditions; “Consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession; “Contract” means the contract between the Company and the Hirer for the hire of Plant; “Hire Period” shall commence from the time when the Plant leaves the storage depot or place where last employed and shall continue until the Plant is received back at the storage depot or other agreed location. “Hirer” means the person or company taking the Plant on hire in accordance with these Conditions; “Plant” means any concrete pump and ancillary items or equipment which the Company agrees to hire to the Hirer, or anything which is supplied by the Company to effect the hire, and anything supplied by the Company for the safe operation and routine inspection and maintenance of the Plant; “Trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf; and “Working Day” means from 8.00am to 4:30pm, Monday to Thursday, and 8.00am to 3.30pm on Friday.
- EXTENT OF CONTRACT
(a) Each order for Plant by the Hirer shall be deemed to be an offer by the Hirer to hire the Plant subject to these Conditions and shall be accepted by the Company either when the Company emails the Hirer to confirm this (“Confirmation Email”) or (if earlier) when the Company (or any of its agents or subcontractors) delivers the Plant. Any quotation is given by the Company on the basis that no Contract will come into existence until the Company accepts the order by sending a Confirmation Email to the Buyer or (if earlier) delivering the Plant.
(b) The quantity, quality, description and specification of the Plant shall be those set out in the Confirmation Email, otherwise as set out in the delivery confirmation at delivery.
(c) No terms, conditions or warranties written upon, delivered with, or contained in the Hirer’s purchase order, specification or similar document will form part of the Contract or shall otherwise govern the relationship between the Company and the Hirer in relation to the hire of any particular Plant. This excludes all other terms or conditions which the Hirer may seek to apply under any order or acknowledgement or acceptance or similar document and supersedes all prior negotiations, representations or agreements, whether written or oral unless and to the extent that they are expressly accepted in writing and signed by the Company. The Company 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 Company is deemed to become a party to the Contract after the date of succession or assignment (as the case may be).
- ACCEPTANCE OF PLANT
(a) In the event that the Contract specifies particular type of Plant, the Company reserves the right to supply suitable alternative Plant to that specified.
(b) Acceptance of the Plant on site implies acceptance of all terms and conditions herein unless otherwise previously agreed in writing.
- PRICE AND PAYMENT
(a) The price payable for hire of the Plant shall be the price stated in the Confirmation Email. The price is inclusive of value added tax (VAT) at the applicable rate.
(b) Condition 6 (Payment) of the Standard Conditions of Sale for App Purchases shall apply in relation to the hire of Plant by the Hirer, save that references to “Goods” in those conditions shall be replaced by “Plant” for the purposes of these Conditions.
(a) The Hirer shall be responsible for the unobstructed access and egress and, unless otherwise agreed in writing, for unloading and loading of the Plant at the site; and any personnel supplied by the Company 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 Plant be regarded as the servants or agents of the Hirer (but without prejudice to any of the provisions of Condition 13) who shall be solely responsible for all claims arising in connection with unloading and / or loading of the Plant by, or with the assistance of, such personnel.
(b) Any time, period or date specified by the Company for delivery of the Plant is an estimate only. The Company shall not be liable for any damages or losses arising out of failure to meet such time, period or date.
- SERVICING AND INSPECTION
The Hirer shall at all reasonable times allow the Company, its agents or its subcontractors to have access to the Plant to inspect, test, adjust, repair or replace the same.
- GROUND AND SITE CONDITIONS
(a) The Hirer is deemed to have knowledge of the site or the property or land where the Plant is to be delivered and the Hirer warrants that the condition of the site or place of delivery of the Plant is suitable for the use of such Plant.
(b) If, in the reasonable opinion of the Hirer, the ground (including any private access road or track) is soft or unsuitable for the Plant to work on, travel over, be transported over, be erected or dismantled on without timbers or equivalent support, the Hirer shall supply and lay suitable timbers or equivalent support in a suitable position for the Plant to travel over, work on, be transported over, be erected or dismantled on, including for the purpose of delivery and collection.
(c) Any timber or other material supplied by the Company or its agents or subcontractors shall be provided solely to assist the Hirer with its obligations under Condition 7(b) and expressly not to relieve the Hirer of its legal, regulatory or contractual obligations to ensure adequate stability of the Plant.
(d) The Hirer shall be responsible for the protection of, and shall be 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.
- HANDLING OF PLANT
(a) When a driver or operator or any person is supplied by the Company with the Plant, the Company shall supply a person competent in operating the Plant or for such purpose for which the person is supplied and such person shall be under the direction and control of the Hirer. Such drivers or operators or persons shall for all purposes in connection with their employment in the working of the Plant be regarded as the servants or agents of the Hirer (but without prejudice to any of the provisions of Condition 13) and the Hirer shall be solely responsible for all claims arising in connection with the operation of the Plant by the said drivers / operators / persons.
(b) The Hirer shall not allow any other person to operate such Plant without the Company’s prior written consent.
(c) Such drivers or operators or persons shall not operate any other plant or machinery or undertake work other than that for which they are supplied by the Company unless previously agreed in writing between the Company and the Hirer.
(d) The Hirer shall provide at its own expense, and shall ensure that a competent supervisor is in attendance at the beginning, throughout and at the end of the pumping operation to assist the operator.
- BREAKDOWN, REPAIRS AND ADJUSTMENT
(a) Any breakdown or the unsatisfactory working of or damage to any part of the Plant must be notified immediately to the Company, and confirmed in writing. Any claim for breakdown time will only be considered from the time and date at which written notifications received and acknowledged by the Company.
(b) Full allowance for the hire charges set out in the Confirmation Email will be made to the Hirer for any stoppage due to breakdown of the Plant caused by the development of either an inherent fault or a fault not ascertainable by reasonable examination or fair wear and tear and for all stoppages for normal running repairs in accordance with the terms of the Contract. Any concrete blockage or chock within the Plant or pipeline will not be construed as a breakdown.
(c) 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 Company. 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 Company and for the repair of any puncture.
(d) The Hirer shall be responsible for all expense involved arising from any breakdown, unsatisfactory working of or damage to any part of the Plant due to the Hirer’s negligence, misdirection or misuse of the Plant, whether by the Hirer or his servants, and for the payment of hire charges and any other charges as specified in the Confirmation Email, notwithstanding the Hirer’s inability to utilise the Plant due to such breakdown, unsatisfactory working or damage. The Hirer is responsible for the cost of spares and / or repairs due to theft, loss or vandalism of the Plant. The Company will be responsible for the cost of repairs, inclusive of the cost of spares, to the Plant involved in breakdown from all other causes.
- OTHER STOPPAGES
No claims will be admitted (other than those allowed for under “Breakdown” (Condition 9), as herein provided), for stoppages through causes outside the Company’s control, including but not limited to bad weather and / or ground conditions nor shall the Company be responsible for the cost or expense of recovering any 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 Plant from soft or unsuitable ground or a hazardous environment.
- LOSS OF OTHER 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 units of Plant (whether the property of the Company 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 Plant working in conjunction therewith, 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 breakdown.
- LIMITATION OF LIABILITY
Except for liability on the part of the Company which is expressly provided for in the Contract (including these Conditions):
(a) the Company 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;
(b) any time, period or date specified by the Company for delivery of the Plant is an estimate only. The Company shall not be liable for any damages or losses arising out of failure to meet such time, period or date;
(c) the Company shall have no liability or responsibility, whether by way of indemnity or by reason of any breach of the Contract, breach of statutory duty or misrepresentation or by reason of the commission of any tort (including but not limited to negligence) in connection with the hire, for any of the Hirer’s loss of profit, loss of use of the Plant or any other asset or facility, loss of production or productivity, loss of contracts with any third party, liabilities of whatever nature to any third party, and / or any other financial or economic loss or indirect or consequential loss or damage of whatever nature; and
(d) whenever the Contract (including these Conditions) provides that any allowance is to be made against hire charges, such allowance shall be the Hirer’s sole and exclusive remedy in respect of the circumstances giving rise to the allowance, and such remedy shall be limited to the amount of hire charges which would otherwise be or become due if the allowance in question had not been made.
(e) For the avoidance of doubt, nothing in these Conditions limits or seeks to exclude the Company’s liability for claims of death or personal injury caused by the Company’s negligence, fraud or for any other liability for which it is not permitted to seek to limit or exclude by operation of law.
- HIRER’S RESPONSIBILITY FOR LOSS AND DAMAGE
(a) For the avoidance of doubt it is hereby declared and agreed that nothing in this Condition 13 affects the operation of Conditions 5, 8 and 9 of these Conditions.
(b) The Hirer shall, subject to the provisions referred to in sub-paragraph (a), make good to the Company all loss of or damage to the Plant from whatever cause the same may arise, fair wear and tear excepted, and except as provided in Condition 9 herein, and shall also fully and completely indemnify the Company and any personnel supplied by the Company 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 Plant during the continuance of the Hire Period, and in connection therewith, whether arising under statute or common law.
(c) Notwithstanding the above the Hirer shall not be responsible for damage, loss or injury: (i) prior to delivery of any Plant to the site (or, where the site is not immediately adjacent to a highway maintainable at the public expense, prior to its leaving such highway) where the Plant is in transit by transport of the Company or as otherwise arranged by the Company, (ii) during the erection and / or dismantling of any Plant where such Plant requires to be completely erected / dismantled on site, provided always that such erection / dismantling is under the exclusive control of the Company or his agent, (iii) after the Plant has been removed from the site by the Company or any of its agents or subcontractors and is in transit on a highway maintainable at the public expense (or where the site is not immediately adjacent to a highway maintainable at the public expense after it has joined such highway),(iv) where the Plant is travelling to or from a site on a highway maintainable at the public expense (or, where the site is not immediately adjacent to a highway maintainable at the public expense, prior to its leaving or after its joining such highway) under its own power with a driver supplied by the Company or any of its agents or subcontractors.
The Hirer shall provide the following facilities without charge to the Company for such times as is reasonably required during the Hire Period:
(a) An adequate piped water supply at the Plant position;
(b) Temporary light at the Plant position and along the pipeline where required;
(c) Facilities for washing out the Plant and adequate assistance in cleaning any spillage;
(d) The Hirer shall ensure that sufficient competent labour is made available to assist the operator prior to pumping, during pumping and on completion of pumping; and if necessary when the Plant leaves the site of operations;
(e) Any additional labour required in respect of pipeline erection and dismantling;
(f) Suitable supports for pipelines and anchorage points for vertical pipelines; and
(g) All access scaffold and ladders necessary for the safe and proper execution and progress of the work. The Company has not included the cost of providing, erecting or moving any necessary scaffold.
- NOTICE OF ACCIDENTS
If the 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 Company by telephone and confirmed in writing to the Company on the same day as such telephone notification. In relation to any claim in respect of which the Hirer is not bound to fully indemnify the Company, no admission of liability, offer, promise of payment or indemnity shall be made by the Hirer without the Company’s prior written permission.
- RE-HIRING ETC.
Neither the Plant nor any part thereof shall be re-hired, sub-let, or lent to any third party without the prior written permission of the Company.
- CHANGE OF SITE
The Plant shall not be moved from the site to which it was delivered or consigned without the prior written permission of the Company.
- RETURN OF PLANT FOR REPAIRS
If during the Hire Period the Company decides that urgent repairs to the Plant are necessary then the Company may arrange for such repairs to be carried out on site or at any location of its nomination. In the event that urgent repairs to the Plant are necessary the Company shall replace the Plant with similar Plant if available, the Company (but without prejudice to any of the provisions of Conditions 9 and/or 13) paying all transport charges involved. In the event of the Company being unable to replace the Plant it shall be entitled to terminate the Contract forthwith (but without prejudice to any of the provisions of Conditions 9 and/or 13) by giving written notice to the Hirer, in which case the Company (without prejudice to the provisions of Conditions 9 and/or 13) shall pay all transport charges involved.
- CANCELLATION TERMS
Cancellation terms applicable to Traders:
(a) If the Hirer is a Trader, the Hirer shall be entitled to cancel a Contract, without incurring any hire charges, up to 11am on the Working Day prior to the scheduled day of delivery of the Plant. After such time, a cancellation charge equal to 100% of the hire price shall be payable by the Hirer.
(b) A Hirer may cancel a Contract by emailing the Company at email@example.com or by phoning 0330 123 2065.
Cancellation terms applicable to Consumers:
(a) If the Hirer is a Consumer, the Hirer may cancel a Contract up to 14 days after the day the Contract is entered into. This is the Hirer’s “cooling off period”.
(b) If the Hirer cancels a Contract pursuant to subparagraph (a) and the Hirer has made any payment in advance for Plant that has not been provided to the Hirer, the Company will refund these amounts.
(c) The Hirer may request that the Hire Period commences before the cooling off period ends. If the Hirer does this and subsequently cancels, the Company will charge the Hirer the Company’s reasonable costs incurred in starting to fulfil the Contract. This charge may be deducted from any refund that is due to the Hirer under subparagraph (b). The Company will advise the Hirer of the costs incurred when the Hirer cancels the Contract.
(d) After the expiry of the Hirer’s cooling off period, the Hirer shall be entitled to cancel a Contract, without incurring any hire charges, up to 11am on the Working Day prior to the scheduled day of delivery of the Plant. After such time, a cancellation charge equal to 100% of the hire price shall be payable by the Hirer.
(e) A Hirer may cancel a Contract by emailing the Company at firstname.lastname@example.org or by phoning 0330 123 2065.
- COMMENCEMENT AND TERMINATION OF CONTRACT
(a) The Hire Period shall commence from the time when the Plant leaves the storage depot or place where last employed and shall continue until the Plant is received back at the storage depot or other agreed location.
(b) If the Plant is not made available for collection as agreed between the parties, such Plant shall be deemed with immediate effect to be placed back on hire. The Hirer shall be responsible for the safekeeping of the Plant in accordance with Condition 13, and for all the reasonable costs and expenses incurred by the Company in seeking to collect such Plant.
(c) Upon the completion of the Hire Period, the Hirer shall clean and where necessary, decontaminate the Plant. All fuel and contaminates will be removed from bunds, storage tanks and bowsers. The Hirer shall be liable for any costs, liabilities and expenses incurred by the Company should the Hirer fail to comply with this Condition.
(a) Any notice to be given by either party to the other shall be in writing addressed to the party’s registered office or principal place of business or such other address as may be notified to the other party from time to time.
(b) The benefit of this Contract may not be assigned by the Buyer but is fully assignable by the Company. A person who is not a party to this Contract shall not have any rights to enforce its terms.
(c) Any provision of the Contract held to be illegal, invalid, void, voidable or unenforceable, in whole or in part, shall be deemed severable and all remaining conditions of the Contract shall not be affected.
(d) The Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts for any dispute in respect of these Conditions.