BLACKBURN TOOL HIRE NORTH WEST LTD (BTHNW)

STANDARD TERMS & CONDITIONS SUPPLY OF HIRE EQUIPMENT

Definitions & Interpretation
Formation of the Agreement
Hire Charges, Payment & Deposits
Hire Period & Ownership
Delivery, Collection & Transfer of Risk
Hirer’s Responsibilities
Specialist Equipment
1. General Provisions
2. Suspension of Use
3. Access Equipment (Scaffold Towers)
4. Material Lifts
5. Lifting Equipment
6. Temporary Support Equipment
7. Powered Equipment
8. Electrical Equipment
9. Petrol & Diesel Equipment
10. Preservation Following an Incident
11. Continuing Responsibility
Maintenance, Breakdowns & Repairs
Loss, Damage, Theft & Asset Protection
Return & Recovery of Equipment
Liability, Indemnities & Legal Remedies
General Legal Provisions
Schedules
1. Schedule A – Additional Charges
2. Schedule B – Insurance Requirements
3. Schedule C – Access Equipment
4. Schedule D – Material Lifts & Lifting Equipment
5. Schedule E – Temporary Support Equipment
6. Schedule F – Powered, Electrical, Petrol & Diesel Equipment
FINAL ACCEPTANCE NOTICE

SECTION 1 – DEFINITIONS & INTERPRETATION

Definitions

In these Terms & Conditions, unless the context otherwise requires, the following expressions shall have the meanings set out below:

1.1 Accessories

Accessories means every item supplied with the Equipment, including but not limited to keys, chargers, batteries, outriggers, stabilisers, guardrails, toe boards, platforms, braces, pins, clips, extension leads, hoses, manuals, attachments and any other component supplied by the Owner.

1.2 Agreement

Agreement means the legally binding Hire Agreement formed between the Owner and the Hirer in accordance with Section 2 of these Terms & Conditions.

1.3 Agreement Documents

Agreement Documents means, in order of precedence where applicable:

any written Hire Agreement expressly entered into between the Owner and the Hirer;
the Invoice issued by the Owner;
these Master Terms & Conditions of Hire; and
any written document expressly incorporated into the Agreement by reference.

1.4 Applicable Laws

Applicable Laws means all applicable statutes, regulations, statutory instruments, codes of practice, industry standards, guidance and other legal requirements in force from time to time relating to the hire, transport, delivery, assembly, inspection, operation, maintenance, dismantling or use of the Equipment.

1.5 Business Hirer

Business Hirer means any Hirer acting wholly or mainly for purposes relating to their trade, business, craft or profession.

1.6 Collection

Collection means the return of the Equipment to the Owner by the Hirer or the collection of the Equipment by the Owner from the Hirer’s nominated location.

1.7 Competent Person

Competent Person means a person possessing the appropriate knowledge, training, experience and, where applicable, qualifications necessary to safely transport, assemble, inspect, operate, dismantle and use the Equipment.

1.8 Consumer

Consumer means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.

1.9 Damage

Damage means any deterioration, defect, destruction, contamination, alteration or reduction in the condition or value of the Equipment beyond Fair Wear and Tear, including damage arising from misuse, abuse, negligence, accidental damage, vandalism, unauthorised modification or improper storage.

1.10 Delivery

Delivery means the delivery of the Equipment by the Owner to the Hirer or the collection of the Equipment by the Hirer from the Owner’s premises.

1.11 Deposit

Deposit means any refundable security deposit paid by the Hirer before or during the Hire Period as security for the performance of the Hirer’s obligations under the Agreement.

1.12 Equipment

Equipment means every item hired by the Owner, including all plant, machinery, tools, scaffold towers, lifting equipment, temporary support equipment, powered equipment, electrical equipment, accessories and any other goods supplied under the Agreement.

1.13 Fair Wear and Tear

Fair Wear and Tear means the reasonable deterioration in the condition of the Equipment resulting solely from proper and careful use for its intended purpose during the Hire Period and excludes any Damage, neglect, misuse, abuse, missing Accessories or inadequate maintenance.

1.14 Hire Charges

Hire Charges means all charges payable under the Agreement, including hire charges, delivery charges, collection charges, extension charges, cleaning charges, repair costs, replacement costs, recovery costs, administration charges and any other sums properly payable by the Hirer.

1.15 Hire Period

Hire Period means the period beginning when risk in the Equipment passes to the Hirer under the Agreement and ending only when the Equipment has been returned, inspected and accepted by the Owner as off-hire.

1.16 Hirer

Hirer means the individual, partnership, company, charity, organisation or other legal entity hiring Equipment from the Owner and includes any person acting with the Hirer’s authority or permission.

1.17 Invoice

Invoice means any invoice, quotation, payment request, hire confirmation, statement or other commercial document issued by the Owner relating to the hire of Equipment.

1.18 Manufacturer

Manufacturer means the original manufacturer of the Equipment or any authorised distributor or representative acting on its behalf.

1.19 Owner

Owner means Blackburn Tool Hire North West Ltd, its directors, employees and authorised representatives.

1.20 Specialist Equipment

Specialist Equipment means Equipment requiring particular knowledge, training, competence or skill for its safe transport, assembly, inspection, operation or dismantling, including but not limited to scaffold towers, material lifts, lifting equipment, temporary support equipment and powered plant.

1.21 Working Day

Working Day means any day other than a Saturday, Sunday or public holiday in England and Wales.

SECTION 2 – FORMATION OF CONTRACT

Interpretation

Unless the context otherwise requires:

2.1 Words importing the singular include the plural and vice versa.

2.2 Words importing one gender include all genders.

2.3 References to any statute, regulation or other legislation include any amendment, replacement or re-enactment of that legislation.

2.4 Headings are included for convenience only and shall not affect the interpretation of these Terms & Conditions.

2.5 References to writing include email and any other electronic communication accepted by the Owner.

2.6 The words “including”, “includes” and “in particular” are illustrative only and shall not limit the general meaning of the preceding words.

2.7 Any obligation placed upon the Hirer includes an obligation to ensure that the Hirer’s employees, agents, contractors, subcontractors and any other person permitted to use the Equipment also comply with that obligation.

2.8 Where these Terms & Conditions require a party to act reasonably, such obligation shall mean acting objectively and in good faith in the circumstances.

2.9 References to a clause, section or schedule are references to the corresponding clause, section or schedule of these Terms & Conditions unless expressly stated otherwise.

2.10 If there is any inconsistency between the Agreement Documents, they shall take precedence in the following order unless expressly agreed otherwise in writing:

any written Hire Agreement;
the Invoice;
these Master Terms & Conditions of Hire; and
any document expressly incorporated by reference.

2.1 Invitation to Hire

2.1.1 All quotations, estimates, price lists, catalogues, website information, advertisements, brochures and other promotional material issued by the Owner are provided for information only and constitute an invitation to treat. They do not constitute an offer capable of acceptance.

2.1.2 The Owner reserves the right to refuse any request to hire Equipment at its sole discretion, provided that nothing in this clause affects any rights that cannot lawfully be excluded.

2.2 Formation of the Agreement

2.2.1 A legally binding Agreement is formed when:

the Owner accepts the Hirer’s request to hire Equipment; and
the Hirer pays an Invoice issued by the Owner,

whichever occurs later.

2.2.2 The Agreement shall remain in force until all Equipment has been returned, accepted as off-hire by the Owner, all outstanding sums have been paid, and all obligations under the Agreement have been satisfied.

2.3 Acceptance of these Terms

2.3.1 The Hirer acknowledges that these Terms & Conditions are made available before payment is requested.

2.3.2 Payment of any Invoice issued by the Owner constitutes the Hirer’s full, unconditional and irrevocable acceptance of:

these Terms & Conditions;
the applicable Hire Charges;
any agreed Deposit;
any Agreement Documents expressly incorporated into the Agreement.

2.3.3 No handwritten or electronic signature shall be required unless expressly requested by the Owner.

2.4 Authority to Contract

2.4.1 Where the Hirer is a company, partnership, charity, organisation or other legal entity, the individual placing the order, requesting the hire or making payment warrants that they have full authority to enter into the Agreement on behalf of that entity.

2.4.2 The Owner shall be entitled to rely upon that warranty without making further enquiries.

2.5 Third-Party Payments

2.5.1 Payment made by a third party shall not transfer the Hirer’s rights or obligations unless expressly agreed by the Owner in writing.

2.5.2 The Hirer remains fully responsible for compliance with the Agreement regardless of who makes payment.

2.6 Entire Agreement

2.6.1 The Agreement constitutes the entire agreement between the Owner and the Hirer relating to the hire of the Equipment.

2.6.2 It supersedes all previous quotations, negotiations, discussions, correspondence, representations and understandings relating to that hire.

2.7 No Reliance

2.7.1 The Hirer confirms that they have not relied upon any statement, representation, promise or assurance made by or on behalf of the Owner which is not expressly contained within the Agreement.

2.7.2 Nothing in this clause excludes or limits liability for fraud, fraudulent misrepresentation or any liability that cannot lawfully be excluded.

2.8 Variations

2.8.1 No amendment, variation or addition to the Agreement shall be effective unless confirmed by the Owner in writing.

2.8.2 No employee, agent or representative of the Owner has authority to vary these Terms & Conditions unless authorised to do so by the Owner.

2.9 Waiver

2.9.1 Failure or delay by the Owner in exercising any right or remedy under the Agreement shall not constitute a waiver of that right or remedy.

2.9.2 A waiver shall only be effective if made expressly in writing by the Owner and shall apply only to the specific matter for which it is given.

2.10 Severability

2.10.1 If any provision of the Agreement is held by a court or other competent authority to be invalid, unlawful or unenforceable, that provision shall, to the extent required, be deemed severed from the Agreement.

2.10.2 The remaining provisions shall continue in full force and effect.

2.11 Consumer Rights

2.11.1 Nothing in these Terms & Conditions excludes, restricts or limits any statutory rights or remedies available to a Consumer which cannot lawfully be excluded or restricted.

2.11.2 Where any provision of these Terms conflicts with mandatory consumer protection legislation, that legislation shall prevail to the extent of the conflict.

2.12 Business Hirers

2.12.1 Where the Hirer is a Business Hirer, these Terms & Conditions shall apply to the fullest extent permitted by law.

2.13 Notices

2.13.1 Any notice or communication relating to the Agreement may be given by:

email;
SMS or text message;
WhatsApp or another electronic messaging service agreed by the parties;
first-class post;
personal delivery.

2.13.2 The Hirer is responsible for ensuring that the Owner holds accurate and up-to-date contact details throughout the Hire Period.

2.14 Electronic Communications

2.14.1 The Hirer agrees that the Owner may issue Invoices, quotations, hire confirmations, reminders, notices and other communications electronically.

2.14.2 Electronic communications shall have the same contractual effect as communications sent by post, subject to Applicable Laws.

2.15 Commencement of Obligations

2.15.1 The Hirer’s obligations under the Agreement commence immediately upon formation of the Agreement.

2.15.2 Those obligations continue until:

all Equipment has been returned and accepted by the Owner;
all outstanding sums have been paid in full; and
all obligations arising under the Agreement have been fully discharged.

SECTION 3 – HIRE CHARGES, PAYMENT & DEPOSITS

3.1 Hire Charges

3.1.1 The Hirer shall pay all Hire Charges specified in the Invoice or otherwise agreed in writing by the Owner.

3.1.2 Unless expressly stated otherwise, all Hire Charges are quoted in Pounds Sterling (£) and are exclusive of Value Added Tax (VAT), where applicable.

3.1.3 Hire Charges shall apply for the agreed Hire Period together with any additional charges properly incurred under this Agreement.

3.1.4 The Owner reserves the right to correct any genuine pricing or administrative error before the Agreement is formed.

3.2 Additional Charges

3.2.1 In addition to the Hire Charges, the Hirer shall be liable for any reasonable additional charges arising under the Agreement, including but not limited to:

delivery charges;
collection charges;
extended hire charges;
late return charges;
cleaning charges;
repair costs;
replacement costs;
missing Accessories;
recovery costs;
aborted or failed deliveries or collections;
waiting time caused by the Hirer;
administration charges where reasonably incurred.

3.2.2 The Owner shall provide reasonable details of any additional charges upon request.

3.3 Payment

3.3.1 Unless otherwise agreed in writing, payment shall be made in full before the Equipment is released to the Hirer.

3.3.2 The Owner shall not be obliged to release any Equipment until cleared funds have been received.

3.3.3 Payment may be made using any payment method accepted by the Owner.

3.4 Deposits

3.4.1 The Owner may require the Hirer to pay a refundable Deposit before releasing the Equipment.

3.4.2 A Deposit shall not limit the Hirer’s liability under this Agreement.

3.4.3 The Owner may apply all or part of the Deposit towards:

unpaid Hire Charges;
Damage;
missing Accessories;
cleaning costs;
recovery costs;
any other sums properly due under this Agreement.

3.4.4 Any remaining balance of the Deposit shall be refunded within a reasonable time after the Equipment has been returned, inspected and accepted by the Owner, subject to any deductions properly made under this Agreement.

3.5 Extension of Hire

3.5.1 Any request to extend the Hire Period shall be made before the agreed return date.

3.5.2 An extension shall not take effect unless confirmed by the Owner.

3.5.3 Continued possession of the Equipment after the agreed return date shall not automatically extend the Hire Period or create a new Agreement.

3.5.4 Where the Owner permits continued hire, additional Hire Charges shall accrue at the applicable rates.

3.6 Late Payment

3.6.1 The Hirer shall pay all sums due on or before the due date stated in the Invoice.

3.6.2 Where payment is overdue, the Owner reserves the right to:

suspend any current or future hires;
refuse further hire requests;
recover any outstanding Equipment where permitted under this Agreement;
pursue recovery of the outstanding debt through lawful means.

3.6.3 Where the Hirer is a Business Hirer, the Owner may claim interest and compensation on overdue commercial debts where permitted by applicable law.

3.7 No Set-Off

3.7.1 Unless required by law or agreed in writing by the Owner, the Hirer shall pay all sums due without deduction, withholding, counterclaim or set-off.

3.8 Refunds

3.8.1 Any refund due to the Hirer shall normally be made using the original payment method unless otherwise agreed.

3.8.2 The Owner may withhold any refund pending inspection of the Equipment and assessment of any outstanding liabilities under this Agreement.

3.9 Taxes

3.9.1 The Hirer shall be responsible for paying any taxes, duties or levies properly chargeable in connection with the hire, except taxes imposed directly on the Owner’s profits.

3.10 Credit Accounts

3.10.1 Where the Owner agrees to provide credit facilities, payment shall be made in accordance with the agreed credit terms.

3.10.2 The Owner may withdraw, suspend or vary credit facilities at any time upon reasonable notice.

3.10.3 Withdrawal of credit facilities shall not affect any outstanding sums already due.

3.11 Payment Disputes

3.11.1 If the Hirer believes an Invoice contains an error, they shall notify the Owner promptly, providing reasonable details of the disputed amount.

3.11.2 The Hirer shall pay any undisputed portion of the Invoice by the due date.

3.11.3 The parties shall endeavour to resolve any genuine payment dispute promptly and in good faith.

3.12 Survival

3.12.1 The Hirer’s obligation to pay all sums due under this Agreement shall survive termination of the Hire Agreement until payment has been made in full.

SECTION 4 – HIRE PERIOD & OWNERSHIP

4.1 Ownership of Equipment

4.1.1 All Equipment supplied under this Agreement shall remain the sole and exclusive property of the Owner at all times.

4.1.2 Nothing in this Agreement transfers or is intended to transfer ownership or any proprietary interest in the Equipment to the Hirer.

4.1.3 The Hirer acquires only a temporary right to possess and use the Equipment for the agreed Hire Period and strictly in accordance with this Agreement.

4.1.4 The Hirer shall not represent or permit any other person to represent that the Equipment belongs to the Hirer.

4.2 Hire Period

4.2.1 The Hire Period shall commence when risk in the Equipment passes to the Hirer in accordance with this Agreement.

4.2.2 The Hire Period shall continue until the Equipment has been:

returned to or collected by the Owner;
inspected by the Owner; and
accepted by the Owner as off-hire.

4.2.3 Returning the Equipment alone does not automatically end the Hire Period.

4.3 Off-Hire

4.3.1 Equipment shall only be regarded as off-hire when the Owner has confirmed that it has been returned and accepted.

4.3.2 Acceptance of Equipment as off-hire shall not prevent the Owner from identifying Damage, contamination, missing Accessories or other issues that could not reasonably have been discovered during the initial inspection.

4.3.3 Any charges arising from such issues may still be recoverable under this Agreement.

4.4 Extensions to the Hire Period

4.4.1 Any request to extend the Hire Period shall be made before the agreed return date whenever reasonably practicable.

4.4.2 No extension shall take effect unless accepted by the Owner.

4.4.3 If the Owner agrees to an extension, the Hirer shall pay the applicable Hire Charges for the extended period.

4.4.4 Continued possession of the Equipment after the agreed return date shall not of itself constitute the Owner’s agreement to an extension.

4.5 Early Return

4.5.1 The Hirer may return the Equipment before the agreed return date unless otherwise agreed.

4.5.2 Unless expressly agreed otherwise in writing, early return shall not automatically entitle the Hirer to a refund or reduction of Hire Charges.

4.6 Availability of Equipment

4.6.1 The Owner shall use reasonable endeavours to supply the Equipment requested by the Hirer.

4.6.2 If the requested Equipment becomes unavailable due to breakdown, damage, previous hire, safety concerns or circumstances beyond the Owner’s reasonable control, the Owner may:

provide suitable alternative Equipment where reasonably available; or
cancel the hire and refund any sums already paid for Equipment that cannot be supplied.

4.6.3 The Owner shall not be liable for any indirect or consequential loss arising solely from the Equipment being unavailable, subject to any rights that cannot lawfully be excluded.

4.7 Sub-Hire

4.7.1 The Hirer shall not sell, assign, lend, lease, pledge, charge, sub-hire or otherwise part with possession of the Equipment without the Owner’s prior written consent.

4.7.2 The Hirer remains fully responsible for the Equipment at all times, including where the Owner has consented to another person using or possessing it.

4.8 Identification

4.8.1 The Hirer shall not remove, obscure, alter or damage any serial number, identification plate, barcode, QR code, RFID tag, asset label or other identifying mark attached to the Equipment.

4.8.2 If any identifying mark becomes damaged or detached, the Hirer shall notify the Owner as soon as reasonably practicable.

4.9 Security Interest

4.9.1 The Hirer shall not create or permit any lien, charge, mortgage, pledge or other security interest over the Equipment.

4.9.2 If the Equipment becomes subject to any attempted seizure, enforcement action or third-party claim, the Hirer shall notify the Owner immediately and take all reasonable steps to protect the Owner’s ownership rights.

4.10 Inspection Rights

4.10.1 The Owner may, upon giving reasonable notice, inspect the Equipment during the Hire Period to verify its condition, location and compliance with this Agreement.

4.10.2 Where the Owner reasonably believes that immediate inspection is necessary to protect the Equipment or address a safety concern, inspection may take place without prior notice where lawful to do so.

4.11 Manufacturer Safety Actions

4.11.1 If the Manufacturer issues a safety notice, product recall or other instruction affecting the safe use of the Equipment, the Owner may require the Equipment to be returned immediately.

4.11.2 The Hirer shall cease using the affected Equipment immediately upon being notified by the Owner and shall cooperate fully with any instructions relating to its return, inspection, repair or replacement.

4.12 Continuing Obligations

4.12.1 The expiry or termination of the Hire Period shall not affect any rights or obligations that have accrued before the Equipment is accepted as off-hire or before all outstanding liabilities under this Agreement have been discharged.

SECTION 5 – DELIVERY, COLLECTION & TRANSFER OF RISK

5.1 Delivery

5.1.1 Where the Owner agrees to deliver the Equipment, delivery shall be made to the location agreed with the Hirer.

5.1.2 The Hirer shall ensure that the delivery location is reasonably accessible, safe and suitable for unloading the Equipment.

5.1.3 The Owner reserves the right to refuse delivery where the location or conditions present a reasonable risk to the safety of persons, Equipment or property.

5.1.4 Delivery times are estimates only unless expressly agreed otherwise in writing.

5.1.5 The Owner shall use reasonable endeavours to meet any estimated delivery time but shall not be liable for delays caused by traffic, weather, breakdowns or circumstances beyond the Owner’s reasonable control.

5.2 Collection by the Hirer

5.2.1 Where the Hirer collects the Equipment from the Owner’s premises, the Hirer shall ensure that:

the Equipment is transported safely and securely;
the vehicle used is suitable for the Equipment being collected;
the Equipment is properly restrained in accordance with Applicable Laws; and
any person collecting the Equipment is authorised to do so.

5.2.2 The Owner may refuse to release Equipment where it reasonably believes that the proposed method of transport is unsafe or unlawful.

5.3 Transfer of Risk

5.3.1 Risk in the Equipment shall pass to the Hirer:

upon delivery to the agreed location; or
upon collection from the Owner’s premises,

whichever applies.

5.3.2 Risk shall remain with the Hirer throughout the Hire Period until the Equipment has been:

returned or collected;
inspected by the Owner; and
accepted as off-hire.

5.3.3 The transfer of risk does not affect ownership of the Equipment, which shall remain with the Owner at all times.

5.4 Inspection on Delivery or Collection

5.4.1 The Hirer shall inspect the Equipment as soon as reasonably practicable following delivery or collection.

5.4.2 The Hirer shall notify the Owner without undue delay if:

any Equipment is missing;
the wrong Equipment has been supplied;
visible Damage is identified; or
any obvious defect prevents safe use.

5.4.3 Failure to notify the Owner shall not prevent the Hirer from reporting any hidden defect that could not reasonably have been discovered during a reasonable initial inspection.

5.5 Failed Delivery

5.5.1 If delivery cannot be completed because:

the Hirer is unavailable;
access is unavailable or obstructed;
the delivery location is unsafe; or
the Hirer is otherwise unable to accept delivery,

the Owner may charge the Hirer for any reasonable costs incurred, including additional transport, waiting time and re-delivery charges.

5.6 Collection of Equipment

5.6.1 Where the Owner has agreed to collect the Equipment, the Hirer shall ensure that:

the Equipment is available on the agreed date and time;
the Equipment is clean, reasonably accessible and ready for collection;
all Accessories supplied with the Equipment are returned; and
safe access is available for loading.

5.6.2 The Hirer shall remain responsible for the Equipment until risk transfers back to the Owner in accordance with Clause 5.3.

5.7 Failed Collection

5.7.1 If the Owner is unable to collect the Equipment due to circumstances within the Hirer’s reasonable control, including inaccessible Equipment, unsafe conditions or the Hirer’s absence where attendance is reasonably required, the Owner may charge any reasonable additional costs incurred.

5.7.2 The Hire Period shall continue until successful collection or return and acceptance of the Equipment as off-hire.

5.8 Safe Access

5.8.1 The Hirer shall provide safe and lawful access for delivery, inspection and collection of the Equipment.

5.8.2 The Owner may refuse to enter premises or continue delivery or collection where it reasonably believes that doing so would present an unacceptable health and safety risk.

5.9 Delivery Documentation

5.9.1 The Owner may record delivery and collection details, including dates, times, photographs, signatures, electronic acknowledgements, GPS data or other reasonable evidence.

5.9.2 Such records may be relied upon as evidence of delivery, collection, condition and location of the Equipment, subject to any evidence to the contrary.

5.10 Delivery to Third Parties

5.10.1 At the Hirer’s request, the Owner may deliver Equipment to a third-party location.

5.10.2 Delivery to a third-party location shall not transfer the Hirer’s responsibilities under this Agreement.

5.10.3 The Hirer remains fully responsible for the Equipment unless the Owner expressly agrees otherwise in writing.

5.11 Change of Location

5.11.1 The Hirer shall not permanently relocate the Equipment to a different site or address without first notifying the Owner.

5.11.2 The Owner may withhold consent where the proposed relocation would materially increase the risk of loss, damage or theft or otherwise affect the safe use or recovery of the Equipment.

5.12 Continuing Responsibility

5.12.1 The Hirer remains responsible for the Equipment from the time risk passes under Clause 5.3 until risk transfers back to the Owner upon acceptance of the Equipment as off-hire.

5.12.2 Any agreement by the Owner to collect the Equipment shall not, by itself, end the Hirer’s responsibility before the Equipment has been collected, inspected and accepted by the Owner.

SECTION 6 – HIRER’S RESPONSIBILITIES

6.1 General Duty of Care

6.1.1 The Hirer shall take all reasonable care of the Equipment throughout the Hire Period.

6.1.2 The Hirer shall ensure that the Equipment is used, transported, stored, assembled, operated and, where applicable, dismantled safely and responsibly.

6.1.3 The Hirer shall remain responsible for the Equipment until it has been returned and accepted by the Owner as off-hire.

6.2 Competent Persons

6.2.1 The Hirer shall ensure that the Equipment is used only by Competent Persons.

6.2.2 The Hirer shall not permit any person who lacks the necessary knowledge, training, experience or, where applicable, qualifications to use the Equipment.

6.2.3 The Owner does not provide operators unless expressly agreed in writing.

6.3 Compliance with Applicable Laws

6.3.1 The Hirer shall comply with all Applicable Laws relating to the transport, assembly, inspection, operation, maintenance, dismantling and use of the Equipment.

6.3.2 The Hirer shall obtain and maintain any licences, permits, permissions or authorisations required for the lawful use of the Equipment.

6.4 Manufacturer’s Instructions

6.4.1 The Hirer shall comply with all operating instructions, safety information and guidance supplied by the Manufacturer or the Owner.

6.4.2 Where the Equipment is supplied with manuals, warning labels or safety notices, the Hirer shall ensure they remain available to persons using the Equipment.

6.5 Inspection Before and During Use

6.5.1 The Hirer shall carry out reasonable visual inspections before first use and at appropriate intervals throughout the Hire Period.

6.5.2 The Hirer shall immediately stop using the Equipment if any defect, fault or unsafe condition is identified.

6.5.3 The Hirer shall notify the Owner as soon as reasonably practicable after becoming aware of any defect or unsafe condition.

6.6 Safe Use

6.6.1 The Hirer shall use the Equipment only for its intended purpose.

6.6.2 The Hirer shall not misuse, abuse, overload or operate the Equipment beyond its intended capabilities.

6.6.3 The Hirer shall not use the Equipment in a manner likely to cause unnecessary damage or create an unreasonable risk to persons or property.

6.7 Security of Equipment

6.7.1 The Hirer shall take all reasonable steps to protect the Equipment against theft, loss, vandalism and unauthorised use.

6.7.2 When not in use, the Equipment shall be stored securely and, where appropriate, locked or otherwise protected against unauthorised access.

6.7.3 Keys, access devices and security codes shall be kept securely.

6.8 Storage

6.8.1 The Hirer shall store the Equipment in a clean, dry and reasonably secure location appropriate to the type of Equipment hired.

6.8.2 Equipment shall not be stored in conditions likely to cause deterioration, corrosion or damage.

6.9 No Alterations

6.9.1 The Hirer shall not modify, adapt, dismantle, repair or interfere with the Equipment without the Owner’s prior written consent, except where reasonably necessary to make the Equipment safe following an emergency.

6.9.2 The Hirer shall not remove, obscure or alter any safety label, warning notice or identification mark attached to the Equipment.

6.10 Accidents and Incidents

6.10.1 The Hirer shall notify the Owner as soon as reasonably practicable of:

any accident involving the Equipment;
any personal injury associated with the Equipment;
any damage to the Equipment;
any damage to third-party property arising from its use;
any theft or suspected theft;
any loss of the Equipment.

6.10.2 The Hirer shall preserve the Equipment following any serious accident or incident where reasonably practicable until the Owner has had an opportunity to inspect it, unless doing so would create a continuing safety risk or breach a legal obligation.

6.11 Breakdown

6.11.1 If the Equipment breaks down or develops a fault, the Hirer shall immediately cease using it where continued use may be unsafe or likely to cause further damage.

6.11.2 The Hirer shall notify the Owner as soon as reasonably practicable and follow any reasonable instructions provided.

6.11.3 The Hirer shall not attempt repairs unless expressly authorised by the Owner.

6.12 Equipment Location

6.12.1 The Hirer shall keep the Equipment at the agreed location unless the Owner has been notified in advance of its relocation.

6.12.2 The Hirer shall provide the Owner with the current location of the Equipment upon reasonable request.

6.13 Inspection by the Owner

6.13.1 The Hirer shall permit the Owner reasonable access to inspect the Equipment during the Hire Period in accordance with this Agreement.

6.13.2 The Hirer shall provide reasonable assistance to facilitate any such inspection.

6.14 Duty to Mitigate

6.14.1 Where the Equipment is damaged, lost or involved in an incident, the Hirer shall take all reasonable steps to minimise further loss or damage.

6.14.2 The Hirer shall cooperate with the Owner in investigating the circumstances of any incident affecting the Equipment.

6.15 Prohibited Uses

6.15.1 Unless expressly authorised by the Owner in writing, the Hirer shall not:

use the Equipment for any unlawful purpose;
use the Equipment while under the influence of alcohol or drugs likely to impair safe operation;
remove or disable safety devices;
overload or misuse the Equipment;
permit unauthorised persons to use the Equipment;
use the Equipment in conditions where it would be unsafe to do so;
knowingly continue using Equipment that is defective or unsafe.

6.16 Continuing Responsibility

6.16.1 The Hirer remains responsible for ensuring compliance with this Section throughout the Hire Period, including by any employee, contractor, agent or other person authorised by the Hirer to use or have possession of the Equipment.

SECTION 7 – SPECIALIST EQUIPMENT

7.1 General

7.1.1 The provisions of this Section apply only where the Hirer hires Specialist Equipment.

7.1.2 These provisions are additional to, and do not replace, any other obligation contained within this Agreement.

7.1.3 The Hirer shall ensure that all Specialist Equipment is used only by Competent Persons and strictly in accordance with:

Applicable Laws;
the Manufacturer’s instructions;
this Agreement; and
any reasonable instructions issued by the Owner.

7.2 Suspension of Use

7.2.1 The Hirer shall immediately stop using any Specialist Equipment where:

it becomes damaged;
a defect is suspected;
a safety device is missing or defective;
weather or site conditions make continued use unsafe; or
continued operation is likely to increase the risk of injury or damage.

7.2.2 The Hirer shall notify the Owner as soon as reasonably practicable.

PART A – ACCESS EQUIPMENT

7.3 Scaffold Towers

7.3.1 Scaffold towers shall only be erected, altered, dismantled and used by Competent Persons.

7.3.2 The Hirer shall ensure the scaffold tower is assembled in accordance with the Manufacturer’s instructions.

7.3.3 Before each use, the Hirer shall ensure that:

the tower is complete;
all braces, guardrails, toe boards and platforms are correctly fitted;
locking devices are fully engaged;
castor wheel brakes are applied when in use;
outriggers or stabilisers are fitted where required by the Manufacturer.

7.3.4 The Hirer shall ensure the tower is erected only on firm, level and suitable ground capable of safely supporting the imposed loads.

7.3.5 The Hirer shall not:

overload the tower;
use damaged components;
climb the outside of the tower;
move an occupied tower;
use boxes, ladders or other objects to increase working height;
modify the tower.

7.3.6 The Hirer shall suspend use during adverse weather where continued use would be unsafe.

PART B – MATERIAL LIFTS

7.4 Material Lifts

7.4.1 Material lifts shall be used solely for lifting materials within the Manufacturer’s specified limits.

7.4.2 Under no circumstances shall any person ride upon or be lifted by a material lift unless the Equipment is specifically designed and approved for that purpose.

7.4.3 The Hirer shall ensure:

loads are stable;
loads are properly secured;
safe working loads are never exceeded;
the Equipment is used only on firm and level ground;
outriggers or stabilisers are fitted where required.

7.4.4 The Hirer shall not leave suspended loads unattended unless specifically permitted by the Manufacturer.

PART C – LIFTING EQUIPMENT

7.5 Lifting Equipment

7.5.1 Lifting equipment shall only be used for its intended lifting purpose.

7.5.2 The Hirer shall ensure that:

safe working loads are not exceeded;
lifting points are suitable;
loads are correctly secured;
all lifting operations are properly planned.

7.5.3 The Hirer shall immediately remove from service any lifting equipment believed to be defective.

PART D – TEMPORARY SUPPORT EQUIPMENT

7.6 Temporary Support Equipment

7.6.1 Temporary support equipment includes, but is not limited to:

Acrow props;
Strongboys;
Trestles;
other temporary support systems supplied by the Owner.

7.6.2 The Hirer shall ensure temporary support equipment is used only for temporary structural support in accordance with the Manufacturer’s recommendations.

7.6.3 The Hirer shall not:

exceed the manufacturer’s rated capacity;
use bent, damaged or modified components;
remove supports while they remain load-bearing;
alter the configuration unless competent to do so.

PART E – POWERED EQUIPMENT

7.7 Powered Equipment

7.7.1 Powered equipment shall be operated only by Competent Persons.

7.7.2 Before use, the Hirer shall ensure:

all guards are fitted;
controls operate correctly;
fuel or power supplies are suitable;
the Equipment is free from obvious defects.

7.7.3 The Hirer shall not:

remove guards;
bypass safety devices;
operate Equipment while impaired by alcohol, drugs or medication affecting safe operation;
continue using Equipment after a fault develops.

PART F – ELECTRICAL EQUIPMENT

7.8 Electrical Equipment

7.8.1 The Hirer shall ensure that electrical equipment is connected only to a suitable power supply.

7.8.2 Extension leads, transformers and other electrical accessories shall be suitable for the Equipment being used.

7.8.3 The Hirer shall immediately stop using electrical equipment where:

cables become damaged;
plugs become damaged;
water ingress is suspected;
electrical burning, sparking or overheating occurs.

PART G – PETROL AND DIESEL EQUIPMENT

7.9 Petrol and Diesel Equipment

7.9.1 The Hirer shall use only the correct fuel and lubricants specified by the Manufacturer.

7.9.2 Fuel shall be stored and handled safely in accordance with Applicable Laws.

7.9.3 The Hirer shall not refuel while the engine is running or while hot where this would create a fire risk.

7.9.4 Spillages shall be cleaned safely and promptly.

7.10 Preservation Following an Incident

7.10.1 Where Specialist Equipment is involved in an accident or serious incident, the Hirer shall preserve the Equipment in its post-incident condition where reasonably practicable.

7.10.2 The Equipment shall not be repaired, dismantled, altered or disposed of without the Owner’s prior written consent unless necessary to remove an immediate danger or to comply with a legal obligation.

7.11 Continuing Responsibility

7.11.1 The Hirer remains responsible for ensuring that every person using Specialist Equipment complies with this Section.

7.11.2 Compliance with this Section does not relieve the Hirer of any other obligation contained within this Agreement.

Excellent. Section 8 should clearly define who is responsible when equipment fails, what the hirer must do, what they must not do, and when you may repair or replace equipment.

SECTION 8 – MAINTENANCE, BREAKDOWNS & REPAIRS

8.1 Condition of Equipment

8.1.1 The Owner shall use reasonable care to supply Equipment that is, to the best of its knowledge, safe, serviceable and suitable for its intended purpose at the commencement of the Hire Period.

8.1.2 The Hirer acknowledges that Equipment may show signs of previous use consistent with Fair Wear and Tear and that cosmetic imperfections shall not of themselves constitute a defect.

8.1.3 The Owner does not warrant that Equipment will be free from defects arising after delivery or collection due to normal use, misuse, accidental damage or circumstances beyond the Owner’s reasonable control.

8.2 Hirer’s Duty to Inspect

8.2.1 The Hirer shall carry out a reasonable visual inspection of the Equipment before first use and at appropriate intervals throughout the Hire Period.

8.2.2 If the Hirer identifies any defect or condition that may affect the safe operation of the Equipment, the Hirer shall immediately cease using the Equipment and notify the Owner as soon as reasonably practicable.

8.3 Breakdown

8.3.1 Where the Equipment suffers a mechanical or electrical breakdown not caused by the Hirer’s breach of this Agreement, the Hirer shall promptly notify the Owner.

8.3.2 The Hirer shall provide reasonable information regarding the nature of the fault and the location of the Equipment.

8.3.3 The Hirer shall follow any reasonable instructions provided by the Owner pending inspection or repair.

8.4 Suspension of Use

8.4.1 The Hirer shall immediately stop using the Equipment where continued use:

may present a safety risk;
may cause further damage to the Equipment;
may cause damage to property; or
may increase the risk of personal injury.

8.4.2 Continued use of Equipment after a defect becomes apparent may result in the Hirer being responsible for any additional loss or damage arising from that continued use.

8.5 Repairs

8.5.1 The Hirer shall not repair, dismantle, modify or attempt to repair the Equipment without the Owner’s prior written authorisation.

8.5.2 The Owner may authorise emergency repairs where reasonably necessary to prevent further damage or remove an immediate safety risk.

8.5.3 Where emergency repairs are authorised, the Hirer shall retain all invoices, receipts and supporting documentation relating to those repairs.

8.6 Replacement Equipment

8.6.1 Where reasonably practicable, the Owner may provide replacement Equipment if the original Equipment becomes unavailable due to breakdown or other circumstances.

8.6.2 The Owner shall not be obliged to provide identical Equipment where a suitable alternative is reasonably available.

8.6.3 Replacement Equipment supplied under this clause shall be subject to these Terms & Conditions.

8.7 Routine Maintenance

8.7.1 The Hirer shall carry out only routine daily checks and maintenance recommended by the Manufacturer or the Owner.

8.7.2 The Hirer shall not undertake servicing, calibration, adjustment or maintenance requiring specialist knowledge unless expressly authorised by the Owner.

8.8 Consumables

8.8.1 Unless otherwise agreed in writing, the Hirer shall be responsible for providing all consumables required during the Hire Period, including where applicable:

fuel;
oils;
lubricants;
hydraulic fluids;
coolant;
cutting discs;
drill bits;
sanding abrasives; and
other consumable items normally replaced during use.

8.8.2 The Hirer shall use only consumables suitable for the Equipment and in accordance with the Manufacturer’s recommendations.

8.9 Cleaning

8.9.1 The Hirer shall return the Equipment in a reasonably clean condition, allowing for Fair Wear and Tear.

8.9.2 Where Equipment requires cleaning beyond that reasonably expected following normal use, the Owner may charge the Hirer the reasonable cost of cleaning.

8.9.3 Additional cleaning charges may apply where Equipment is returned contaminated by, including but not limited to:

concrete;
plaster;
paint;
bitumen;
chemicals;
hazardous substances;
biological contamination; or
any other material requiring specialist cleaning.

8.10 Manufacturer Safety Notices

8.10.1 If the Manufacturer issues a safety notice, service bulletin or product recall affecting the Equipment during the Hire Period, the Hirer shall comply with any reasonable instructions issued by the Owner.

8.10.2 The Owner may require the immediate return, inspection, repair or replacement of the affected Equipment.

8.11 Damage During Repair

8.11.1 Where Equipment is damaged due to misuse, negligence, unauthorised repair or failure to comply with this Agreement, the Hirer shall remain responsible for the reasonable costs of repair or replacement.

8.12 Continuing Hire Charges

8.12.1 Unless otherwise agreed in writing, Hire Charges shall continue to accrue during the Hire Period until the Equipment is accepted as off-hire.

8.12.2 Where the Equipment becomes unusable solely due to fair mechanical breakdown not caused by the Hirer, the Owner may, at its discretion, adjust the Hire Charges or provide replacement Equipment.

8.13 Inspection Following Repair

8.13.1 The Owner may inspect the Equipment following any repair or reported defect before permitting further use.

8.13.2 The Hirer shall provide reasonable access to facilitate such inspection.

8.14 Records

8.14.1 The Owner may maintain records of inspections, servicing, repairs, maintenance and replacement of the Equipment.

8.14.2 Such records may be relied upon as evidence of the Equipment’s maintenance history where relevant to the Agreement.

8.15 Continuing Obligations

8.15.1 Nothing in this Section relieves the Hirer of any other obligation contained within this Agreement.

8.15.2 The obligations contained within this Section shall continue until the Equipment has been

SECTION 9 – LOSS, DAMAGE, THEFT & ASSET PROTECTION

9.1 Responsibility for the Equipment

9.1.1 The Hirer accepts full responsibility for the Equipment from the time risk passes under this Agreement until the Equipment has been returned to, inspected by and accepted by the Owner as off-hire.

9.1.2 The Hirer’s responsibility includes the Equipment, all Accessories and every component supplied as part of the hire.

9.1.3 The Hirer shall take all reasonable steps to protect the Equipment from loss, theft, accidental damage, vandalism, misuse, neglect and unauthorised use.

9.2 Loss of Equipment

9.2.1 The Hirer shall notify the Owner immediately upon discovering that any Equipment has been lost.

9.2.2 The Hirer shall provide all information reasonably requested by the Owner to assist in locating and recovering the Equipment.

9.2.3 If Equipment cannot be recovered, the Hirer may be liable for the reasonable costs of repair or replacement together with any other sums recoverable under this Agreement.

9.3 Theft

9.3.1 Where Equipment is stolen or suspected to have been stolen, the Hirer shall:

immediately report the matter to the Police;
obtain a crime reference number where available;
notify the Owner immediately;
preserve any CCTV, photographs or other evidence where reasonably available;
cooperate fully with any investigation.

9.3.2 The Hirer shall not admit liability or dispose of any evidence without good reason.

9.4 Damage

9.4.1 The Hirer shall notify the Owner immediately after becoming aware of any Damage.

9.4.2 The Hirer shall immediately stop using damaged Equipment where continued use may:

create a safety risk;
cause further Damage;
invalidate any warranty or inspection; or
increase repair costs.

9.4.3 The Hirer shall not conceal Damage or attempt unauthorised repairs.

9.5 Recovery of Equipment

9.5.1 Ownership of the Equipment shall remain with the Owner at all times.

9.5.2 Where lost or stolen Equipment is recovered, the Hirer shall immediately notify the Owner.

9.5.3 The Hirer shall cooperate fully with the Owner in recovering Equipment.

9.6 Insurance

9.6.1 Unless expressly agreed otherwise in writing, the Owner does not insure the Equipment on behalf of the Hirer.

9.6.2 The Hirer remains responsible for complying with this Agreement whether or not insurance is held.

9.6.3 The existence of insurance shall not reduce or limit the Hirer’s contractual obligations.

9.7 Photographs & Evidence

9.7.1 The Owner may photograph, video record or otherwise document the Equipment:

before release;
during the Hire Period;
upon return;
following Damage;
following repairs;
before disposal or replacement; and
whenever reasonably necessary for the administration of the Agreement.

9.7.2 Such records may be used as evidence regarding:

the identity of the Equipment;
its condition;
missing Accessories;
Damage;
repairs;
recovery.

9.8 GPS Tracking, Telematics & Asset Monitoring

9.8.1 The Hirer acknowledges that some Equipment may be fitted with GPS tracking devices, telematics systems, Bluetooth tracking devices, RFID tags or other asset monitoring technology.

9.8.2 Such technology may be used by the Owner for legitimate business purposes, including:

asset management;
theft prevention;
recovery of Equipment;
maintenance planning;
servicing;
safety;
security.

9.8.3 The Owner may locate, monitor and recover Equipment fitted with such technology where reasonably necessary and in accordance with applicable law.

9.8.4 The Hirer shall not remove, disconnect, disable, shield, obstruct, interfere with, tamper with or damage any tracking or monitoring device fitted to the Equipment.

9.8.5 Any interference with such equipment shall constitute a breach of this Agreement.

9.8.6 Information obtained from asset monitoring technology may be relied upon by the Owner as evidence regarding the Equipment’s location, movement, use or recovery, subject to applicable law.

9.9 Missing Accessories

9.9.1 All Accessories supplied with the Equipment shall be returned at the end of the Hire Period.

9.9.2 The Hirer may be liable for the reasonable replacement cost of any missing Accessories.

9.10 Fair Wear and Tear

9.10.1 The Hirer shall not be responsible for deterioration arising solely from Fair Wear and Tear.

9.10.2 Fair Wear and Tear does not include:

accidental Damage;
impact Damage;
bent components;
cracked welds;
missing parts;
contamination;
corrosion caused by improper storage;
misuse or abuse.

9.11 Preservation of Evidence

9.11.1 Where Equipment is involved in an accident, theft, collapse, fire or other significant incident, the Hirer shall, where reasonably practicable:

preserve the Equipment;
retain damaged parts;
preserve photographs and videos;
avoid disturbing evidence unless necessary to remove immediate danger or comply with a legal obligation.

9.12 Duty to Mitigate

9.12.1 The Hirer shall take all reasonable steps to minimise further loss or Damage.

9.12.2 The Hirer shall comply with any reasonable instructions issued by the Owner to protect or recover the Equipment.

9.13 Fraud & False Information

9.13.1 The Hirer shall not knowingly provide false, misleading or fraudulent information concerning:

Damage;
theft;
loss;
recovery;
use of the Equipment.

9.13.2 Where the Owner reasonably suspects fraud or criminal activity, the Owner may report the matter to the Police, insurers or any other appropriate authority and may take any lawful action available to protect its interests.

9.14 Continuing Liability

9.14.1 The obligations contained within this Section shall survive the expiry or termination of the Agreement until all claims relating to the Equipment have been resolved.

SECTION 10 – RETURN & RECOVERY OF EQUIPMENT

10.1 Return of Equipment

10.1.1 The Hirer shall return the Equipment to the Owner, or make it available for collection by the Owner where collection has been agreed, on or before the agreed end of the Hire Period.

10.1.2 The Equipment shall be returned:

together with all Accessories;
in a reasonably clean condition, allowing for Fair Wear and Tear;
in substantially the same condition as when supplied, subject to Fair Wear and Tear; and
in a location that is safe and reasonably accessible for inspection or collection.

10.1.3 The Hirer shall not abandon the Equipment or leave it unattended at any location unless expressly authorised by the Owner.

10.2 Condition on Return

10.2.1 The Owner shall inspect the Equipment within a reasonable time following its return or collection.

10.2.2 Acceptance of the Equipment as off-hire does not prevent the Owner from identifying Damage, contamination, missing Accessories or defects that could not reasonably have been identified during the initial inspection.

10.2.3 The Owner may notify the Hirer of any such issues within a reasonable time after inspection.

10.3 Late Return

10.3.1 If the Equipment is not returned or made available for collection by the agreed return date, the Hire Period shall continue until the Equipment is returned and accepted as off-hire.

10.3.2 The Hirer shall remain responsible for all applicable Hire Charges during that period.

10.3.3 Continued charging of Hire Charges does not limit the Owner’s right to recover the Equipment or pursue any other remedy available under this Agreement or at law.

10.4 Failure to Return Equipment

10.4.1 If the Hirer fails to return the Equipment within a reasonable time after the agreed return date, the Owner may:

demand the immediate return of the Equipment;
suspend any current or future hires;
arrange recovery of the Equipment where lawful to do so;
take any other lawful action necessary to recover the Equipment.

10.4.2 The Hirer shall cooperate fully with any reasonable recovery arrangements.

10.5 Recovery of Equipment

10.5.1 Where recovery of the Equipment becomes necessary due to the Hirer’s breach of this Agreement, the Hirer may be liable for the reasonable costs incurred by the Owner, including:

transport costs;
recovery vehicle costs;
mileage;
storage costs;
reasonable administration costs;
legal costs where recoverable by law or this Agreement.

10.5.2 The Owner shall take reasonable steps to minimise such costs.

10.6 Access for Recovery

10.6.1 The Hirer shall provide safe, reasonable and lawful access to enable the Owner to inspect, collect or recover the Equipment.

10.6.2 Nothing in this Agreement authorises the Owner to enter premises unlawfully. Any entry shall be made only with lawful authority, the occupier’s consent or another lawful right of access.

10.7 Equipment at Third-Party Locations

10.7.1 If the Equipment is located at premises occupied by a third party, the Hirer shall obtain any permissions reasonably necessary to enable the Owner to recover the Equipment.

10.7.2 The Hirer shall provide the Owner with accurate details of the Equipment’s location upon request.

10.8 Abandoned Equipment

10.8.1 Equipment left unattended or abandoned shall remain the property of the Owner.

10.8.2 The Owner may recover abandoned Equipment using any lawful means available.

10.8.3 The Hirer remains responsible for all reasonable costs arising from the abandonment of the Equipment.

10.9 Recovery Agents

10.9.1 The Owner may appoint employees, agents or specialist recovery contractors to recover the Equipment on its behalf.

10.9.2 Any person acting on behalf of the Owner shall have the same rights of recovery as the Owner to the extent permitted by law.

10.10 Failure to Make Equipment Available

10.10.1 If the Owner attends an agreed collection and the Equipment is not available due to circumstances within the Hirer’s reasonable control, the Owner may charge the Hirer for any reasonable additional costs incurred.

10.10.2 The Hire Period shall continue until the Equipment is successfully returned or collected and accepted as off-hire.

10.11 Continuing Duty to Protect Equipment

10.11.1 Until the Equipment has been returned and accepted by the Owner, the Hirer shall continue to:

keep the Equipment secure;
protect it from Damage;
prevent unauthorised use;
comply with all obligations contained within this Agreement.

10.12 Recovery Following Theft

10.12.1 If Equipment reported as stolen is subsequently recovered, the Hirer shall notify the Owner immediately.

10.12.2 The Owner shall determine the appropriate arrangements for inspection, repair and return to service.

10.13 Disposal

10.13.1 Nothing in this Agreement transfers ownership of the Equipment to the Hirer.

10.13.2 The Hirer shall not sell, scrap, dispose of, destroy or otherwise part with possession of the Equipment except by returning it to the Owner or as otherwise expressly authorised in writing by the Owner.

10.14 Survival

10.14.1 The obligations contained within this Section shall survive the expiry or termination of the Agreement until the Equipment has been returned, all outstanding sums have been paid and any recovery action has concluded.

SECTION 11 – LIABILITY, INDEMNITIES & LEGAL REMEDIES

11.1 General Liability

11.1.1 Each party shall be responsible for its own acts and omissions under this Agreement.

11.1.2 The Hirer shall remain responsible for complying with all obligations contained within this Agreement throughout the Hire Period.

11.2 Liability of the Owner

11.2.1 Nothing in this Agreement excludes or limits the Owner’s liability for:

death or personal injury caused by the Owner’s negligence;
fraud or fraudulent misrepresentation;
any other liability which cannot lawfully be excluded or limited.

11.2.2 Subject to Clause 11.2.1, the Owner shall not be liable for any loss or damage arising from the Hirer’s failure to comply with this Agreement, misuse of the Equipment or failure to follow the Manufacturer’s instructions.

11.3 Indirect Loss

11.3.1 Subject to Clause 11.2.1, the Owner shall not be liable for any indirect or consequential loss suffered by a Business Hirer arising from the hire or use of the Equipment, except where such liability cannot lawfully be excluded.

11.3.2 Nothing in this clause affects the statutory rights of a Consumer.

11.4 Hirer’s Indemnity

11.4.1 To the extent permitted by law, the Hirer shall indemnify the Owner against any reasonable loss, damage, liability, claim, cost or expense incurred by the Owner arising directly from:

the Hirer’s breach of this Agreement;
negligent or unlawful use of the Equipment by the Hirer or persons for whom the Hirer is responsible;
unauthorised modification, repair or misuse of the Equipment; or
the Hirer’s failure to comply with Applicable Laws.

11.4.2 This indemnity shall not apply to the extent that the loss results from the Owner’s negligence or breach of this Agreement.

11.5 Duty to Mitigate

11.5.1 Both parties shall take reasonable steps to minimise any loss arising from a breach of this Agreement.

11.6 Recovery of Costs

11.6.1 Where the Hirer breaches this Agreement, the Owner may recover from the Hirer any reasonable costs incurred as a direct consequence of that breach, including recovery costs, repair costs, inspection costs and legal costs where recoverable by law or under this Agreement.

11.7 Third-Party Claims

11.7.1 The Hirer shall notify the Owner as soon as reasonably practicable of any claim or legal proceedings relating to the Equipment or its use during the Hire Period.

11.7.2 The Hirer shall provide the Owner with reasonable cooperation in responding to any such claim.

11.8 Suspension of Services

11.8.1 Where the Hirer is in material breach of this Agreement, the Owner may suspend the provision of further Equipment or services until the breach has been remedied.

11.8.2 Suspension shall not affect the Owner’s right to recover any outstanding sums or enforce any other rights available under this Agreement.

11.9 Default

11.9.1 A material breach of this Agreement includes, but is not limited to:

failure to pay sums due;
failure to return the Equipment;
deliberate or reckless damage to the Equipment;
unauthorised disposal or sale of the Equipment;
interference with GPS tracking or asset monitoring devices;
knowingly providing false or misleading information relating to the Agreement.

11.9.2 Where a material breach occurs, the Owner may exercise any rights available under this Agreement or at law.

11.10 No Waiver

11.10.1 Failure or delay by the Owner in exercising any right or remedy shall not constitute a waiver of that right or remedy.

11.10.2 Any waiver shall only be effective if made in writing and shall apply only to the specific matter to which it relates.

11.11 Force Majeure

11.11.1 Neither party shall be liable for any delay or failure to perform its obligations under this Agreement where such delay or failure results from circumstances beyond that party’s reasonable control.

11.11.2 This clause shall not relieve the Hirer of the obligation to pay Hire Charges that have already become due before the force majeure event, unless otherwise required by law.

11.12 Continuing Effect

11.12.1 The rights and obligations contained within this Section shall survive the expiry or termination of this Agreement where necessary to give them effect.

SECTION 12 – GENERAL LEGAL PROVISIONS

12.1 Notices

12.1.1 Any notice or communication required under this Agreement shall be given in writing unless otherwise expressly stated.

12.1.2 Notices may be served by:

email;
SMS or text message;
WhatsApp or another electronic messaging service previously used between the parties;
first-class post;
personal delivery.

12.1.3 The Hirer is responsible for ensuring that the Owner holds accurate and up-to-date contact details throughout the Hire Period.

12.1.4 A notice shall be deemed received:

if delivered personally, when delivered;
if sent by email or electronic message, when transmitted, provided no delivery failure notification is received;
if sent by first-class post, on the second Working Day after posting.

12.2 Electronic Communications

12.2.1 The Hirer agrees that the Owner may send quotations, invoices, statements, reminders, notices and other communications electronically.

12.2.2 Electronic communications shall have the same contractual effect as paper communications, subject to Applicable Laws.

12.3 Data Protection

12.3.1 The Owner shall process personal data in accordance with applicable UK data protection legislation.

12.3.2 Personal information may be processed for purposes including:

administering the hire;
verifying identity;
fraud prevention;
debt recovery;
insurance claims;
asset management;
GPS and telematics monitoring;
legal and regulatory compliance.

12.3.3 Further information regarding the processing of personal data is available in the Owner’s Privacy Policy.

12.4 Assignment

12.4.1 The Hirer shall not assign, transfer or otherwise dispose of any rights or obligations under this Agreement without the Owner’s prior written consent.

12.4.2 The Owner may assign or transfer its rights and obligations under this Agreement provided that doing so does not reduce the Hirer’s legal rights.

12.5 Rights of Third Parties

12.5.1 Unless expressly stated otherwise, no person who is not a party to this Agreement shall have any right to enforce any term of this Agreement under the Contracts (Rights of Third Parties) Act 1999.

12.6 Severability

12.6.1 If any provision of this Agreement is found by a court or competent authority to be invalid, unlawful or unenforceable, that provision shall, to the extent necessary, be severed.

12.6.2 The remaining provisions shall remain in full force and effect.

12.7 No Waiver

12.7.1 Any delay or failure by the Owner to exercise any right or remedy under this Agreement shall not constitute a waiver of that right or remedy.

12.7.2 Any waiver shall be effective only if made in writing and shall apply only to the specific matter to which it relates.

12.8 Entire Agreement

12.8.1 This Agreement constitutes the entire agreement between the Owner and the Hirer in relation to the hire of the Equipment.

12.8.2 It supersedes all previous discussions, negotiations, representations and understandings relating to the hire.

12.8.3 Nothing in this clause excludes liability for fraud or fraudulent misrepresentation.

12.9 Variations

12.9.1 No amendment or variation to this Agreement shall be effective unless confirmed in writing by the Owner.

12.10 Consumer Rights

12.10.1 Nothing in this Agreement excludes or limits any statutory rights available to a Consumer that cannot lawfully be excluded or restricted.

12.10.2 If any provision of this Agreement conflicts with mandatory consumer protection legislation, that legislation shall prevail to the extent of the conflict.

12.11 Governing Law

12.11.1 This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it shall be governed by the laws of England and Wales.

12.12 Jurisdiction

12.12.1 Subject to any mandatory legal rights available to Consumers, the parties agree that the courts of England and Wales shall have exclusive jurisdiction to determine any dispute arising out of or in connection with this Agreement.

12.13 Survival

12.13.1 Any provision which, by its nature, is intended to survive the expiry or termination of this Agreement shall continue in force, including provisions relating to payment, ownership, indemnities, liability, recovery, data protection and dispute resolution.

SECTION 13 – SCHEDULES

13.1 Application of the Schedules

13.1.1 The Schedules attached to these Master Terms and Conditions form part of this Agreement and shall have the same contractual force and effect as if set out in full within the main body of the Agreement.

13.1.2 The Schedules provide additional information, operating requirements, safety obligations and charges relating to specific categories of Equipment and services.

13.1.3 Unless expressly stated otherwise, the Schedules shall be read together with the remainder of this Agreement.

13.2 Schedule A – Charges

Schedule A sets out the Owner’s standard charges and fees which may apply during or after the Hire Period, including but not limited to:

Hire Charges;
delivery and collection charges;
additional mileage charges where applicable;
cleaning charges;
repair charges;
replacement costs for missing Accessories;
recovery charges;
failed delivery or collection charges;
administration charges reasonably incurred in connection with the Agreement.

13.3 Schedule B – Insurance

Schedule B provides information relating to insurance, including:

the Hirer’s responsibility for arranging insurance where appropriate;
recommended insurance for Business Hirers;
procedures following loss, theft or Damage;
supporting information required for insurance claims.

Nothing within Schedule B obliges the Owner to insure the Equipment unless expressly agreed in writing.

13.4 Schedule C – Access Equipment

Schedule C contains additional requirements applicable to access equipment, including but not limited to:

scaffold towers;
podium steps;
ladders;
step ladders;
staging; and
other equipment designed to provide temporary access to work at height.

13.5 Schedule D – Material Lifts & Lifting Equipment

Schedule D contains additional operating and safety requirements relating to lifting equipment including:

material lifts;
chain blocks;
lever hoists;
lifting accessories;
manual lifting equipment; and
any other lifting Equipment supplied by the Owner.

13.6 Schedule E – Temporary Support Equipment

Schedule E contains additional guidance and contractual requirements relating to temporary support equipment including:

Acrow Props;
Strongboys;
Needles;
support beams;
trench supports; and
other temporary structural support systems.

13.7 Schedule F – Powered Equipment

Schedule F contains additional operating requirements relating to powered Equipment including:

electrical Equipment;
battery-powered Equipment;
petrol-powered Equipment;
diesel-powered Equipment;
generators;
compressors;
pumps;
lighting equipment;
power tools; and
any other mechanically powered Equipment supplied by the Owner.

13.8 Future Schedules

13.8.1 The Owner may introduce additional Schedules where reasonably necessary to address new categories of Equipment, changes in legislation, operational requirements or safety guidance.

13.8.2 Any revised or additional Schedule shall apply only to Agreements entered into after the revised version has been made available to the Hirer, unless otherwise agreed in writing or required by law.

13.9 Interpretation of the Schedules

13.9.1 The definitions contained within Section 1 shall apply equally to the Schedules unless the context requires otherwise.

13.9.2 A reference within a Schedule to the Agreement shall include these Master Terms and Conditions of Hire.

13.10 Order of Precedence

13.10.1 Where a Schedule contains requirements specific to particular Equipment, those requirements shall supplement the general provisions of this Agreement.

13.10.2 In the event of any inconsistency between a Schedule and the general provisions of this Agreement, the specific Schedule shall take precedence only in relation to the Equipment or subject matter to which it applies.

13.11 Continuing Effect

13.11.1 Any obligation contained within a Schedule that is intended by its nature to continue after the expiry or termination of the Agreement shall remain in force until satisfied or otherwise discharged.

FINAL ACCEPTANCE NOTICE

IMPORTANT – PLEASE READ CAREFULLY

By paying an Invoice issued by Blackburn Tool Hire North West Ltd, the Hirer confirms that they:

have received these Master Terms & Conditions of Hire before making payment;
have had a reasonable opportunity to read and understand them;
agree to be legally bound by them;
warrant that they have authority to enter into this Agreement where acting on behalf of another person or organisation; and
acknowledge that these Terms & Conditions form part of every hire unless otherwise agreed in writing.

Terms and Conditions