1. The equipment let out on hire always remains the property of Southern Sales Direct Ltd. (hereinafter referred to as the Owner)
2. The Hirer shall completely indemnify the Owner in respect of all claims by any person whatsoever for injury to persons and or/damage to property caused by or in connection with, or arising out of the use of the equipment. And in respect of all costs and charges in connection with, or arising out of the use of the equipment, and in respect of all costs and charges therewith, whether arising under common or statue law.
3. During the continuance of this Agreement the Hirer will keep the said equipment in good condition and repair and in the case of damage or loss by fire or otherwise will indemnify the Owners from all loss and damage to the equipment.
4. Hire rates are shown on overleaf.
5. The equipment is collected by the Hirer from the Owners business premises and returned to the same address on the completion of the hire; hire commences at the time of collection and is deemed to continue until the Equipment is received back by the owner. No allowance will be made for the inclement weather or any other reason whatsoever beyond the owners control.
6. When equipment is delivered by the owner in the absence of the Hirer or his representative, the Hire Document shall be forwarded to the Hirer’s address and deemed to be conclusive proof of delivery of the Equipment listed thereon in good clean working order.
7. The Hirer shall not misuse the Equipment, Equipment must be returned in the same condition as supplied(except for fair wear and tear), otherwise a charge for cleaning, reconditioning, renewing or replacing will be made as considered necessary by the Owner.
8. In the event of any Equipment becoming defective, faulty or stolen, the Hirer must immediately communicate with the Owner who will make every reasonable endeavour to rectify the defect or to supply replacement Equipment.
9. All Equipment not returned will be charged at the Manufacturers List Price. Hire charges will not be taken into account in calculating the amounts due under this clause.
10. Charges due on presentation of our invoice, and in the event of non-payment, the hiring may be determined forthwith by the Owner giving the Hirer notice in writing, without prejudice to any amounts which may have become due to the Owner and upon such determination the Hirer shall assist the Owner to resume possession of the Owners equipment.
11. Not less than 24 hours notice must be given to the Owner if the Hirer wishes the Equipment to be collected. When Equipment is collected by the Owner a “Collection Ticket” will be issued, but this shall become conclusive only as to the instructions of the Hirer, the Hirer remains responsible for the safekeeping of the Equipment until collection is effected. When telephoning ask for off hire number.
12. In the event of Equipment not being available for collection by the Owner when the Hirer has specified a collection time, a charge will be made for the wasted journey.
13. Although every effort is made to supply all Equipment at the time requested, no liability can be accepted in respect of late or non-delivery, mechanical breakdown, or other circumstances beyond our control.
14. The Hirer during the continuance of the hiring shall not sell or offer for sale, assign, pledge, under let or lend the said Equipment to any other person and shall not create any lien on the equipment to any other person.
15. Although every possible precaution has been taken to ensure that the Equipment is in good serviceable condition, no liability whatsoever can be accepted by the Owner for the consequences of any failure or inaccuracies of the Equipment. The Hirer is expected to satisfy himself that the Equipment is functional before attempting to use it on site.
16. The hire shall make default in any payment or a Receiving Order in Bankruptcy be made against them or if they shall call a meeting of their creditors or shall execute an assignment for the benefit of or compound with their creditors or if any execution or distress order shall be issued by the Hirer or if the Hirer being a Limited Company should call a meeting of its creditors or should such Company be wound up compulsorily or go into voluntary liquidation or have a Receiver appointed then the Owner shall forthwith have the right to take possession of the Equipment and shall be entitled to recover from the Hirers all arrears of rental and expenditure and any damages due in respect of any breach of this undertaking.
17. Periods of hire of less than one month will be charged at daily, weekly or monthly rates. Over one month, charges will be made on a month-by-month basis or part month pro rata, taken up to the nearest week.
18. One month is taken as one calendar month.
19. The Owner retains the right of access to any location where the Equipment may be, for the purpose of repossessing any Equipment, should the Hirer contravene any of these conditions. Charges arising out of repossession will be made as considered necessary by the Owner.
20. Insurance is the responsibility of the Hirer.