1.Definitions
a)The Company “CHILLY HIRE” letting the equipment out on hire is hereinafter referred to as the “Owner” and this expression includes its successors.
b)The “Hirer” is the company, form or person taking the Owner’s equipment on hire and this expression includes his successors or personal representatives.
c)“Equipment” shall include the complete unit along with any extensions leads wheel clamps ,generator ( if applicable ) or any other thing under this contract.
d)“Hire Rate” shall be the rate of hire for the Equipment as provided on the Hire Contract and subject to the provisions of these Terms and Conditions of Hire.
2.Acceptance
a)The Hirers order, whether oral or in writing for the supply of Equipment shall be construed as an expressed acceptance of these Terms and Conditions of Hire and in so far as any provision of the Hirer’s said order be inconsistent therewith these Terms and Conditions of Hire shall deemed to prevail.
b)Any variations in the Contract shall be in writing.
c) The Hirer warrants to the owner that no representations have been made to him concerning the equipment and in particular its suitability for any particular purpose or for work in any particular place and that in entering into this contract the Hirer does not rely upon any such representation and has satisfied himself independently on such matters; and accordingly the Hirer shall seek no relief of any such representation and in particular shall bring no proceedings for misrepresentation whether under the Misrepresentation Act 1967 or otherwise.
3.Commencement of Hire
Subject to the other provisions of the hire contract, the owner shall supply the unit on the collection or delivery date. The period of hire shall start on such collection or delivery Hire charges shall commence on collection or delivery unless otherwise stated on the hire contract.
Responsibility for loss or damage to the unit is accepted by the hirer from the time the unit is collected until its return to the owner.
4.Hirer’ Liability for Loss or Damage
a)The Hirer accepts full responsibility to the owner for the loss or damage to or destruction of the unit suffered during the period of hire from whatever cause the same may arise and is fully responsible to the owner for the safe keeping of the unit and its return in equal order to the owner at the end of the hire.
b)The hirer accepts all liability and responsibility in respect and shall fully and completely indemnify the owner against all third party claims and losses however arising in respect of the personal injury or death of anybody in any way caused by or relating to the equipment or its use.
c)The owner shall not be liable to the hirer in respect of any damage to or loss or destruction of the property of the hirer nor in the respect of the personal injury or death of the hirer or his employees or contractors or other persons in any way caused by or relating to the equipment or its use howsoever such damage, loos, destruction, injury or death shall be caused.
d)The hirer shall provide adequate security to ensure the safekeeping of any equipment hired under the contract. This will include the provision of security staff to ensure no member of the public or third party causes damage to the equipment supplied either during the event or after the event while the equipment is still on hire.
5.Owners’ Obligation
a)The Owner shall ensure that at the commencement of the Hire the Equipment shall be of sound construction and in good working order and in good condition.
6.Insurance
The hirer shall at the hirer’s expense fully insure with a reputable insurance company.
a)The unit as described on the hire contract for the value shown against loss or damage or destruction however arising.
b)In respect of all the hirer’s liability (or responsibility and indemnity to) the Owner.
c)In respect of the hirer’s liability to third parties relating to the equipment or its use.
7.Payment
Payment must be made prior to collection or delivery of the unit, unless a credit account facility with the owner has been arranged.
Long Term Hire (more than one week)
a)The hirer must make payment in full each week of the hire period in advance unless an agreed credit facility has been arranged with the owner.
b)The hirer will be responsible for any repair work if a fault is found to be due to neglect of the hired items (such as lighting failure etc).
See section 11 for Deposits and payment terms.
8.Sub Letting
The Hirer shall not without consent of the owner, assign, sublet, mortgage, charge, pledge, part with possession of or otherwise deal with the units.
9.Delivery, collection and return.
The trailers are transported in the following ways:-
1.The Hirer will collect and return the units from our address
2.The Hirer will arrange third party collection and return from our address
3.The Owner will deliver and collect the units
4.The Owner will arrange a third party delivery and collection
The following conditions will apply in each category:-
1.Hirer collection and return: The hirer must ensure that units are collected during reasonable working hours, the owner will not be responsible for any damage caused during transportation to and from their premises. Insurance is the responsibility of the hirer whilst units are in transit.
2.Third Party Collection: The hirer must provide clear instructions to the owner of the third party courier for both collection and delivery. The owner will not be responsible for any damage caused during transportation to and from their premises. Any variation from the above will be chargeable. Insurance of the units are the responsibility of the Hirer whilst in transit.
3.Owner Delivery: The units can be delivered by the owner’s vehicles; all units are covered by the owner’s insurance whilst in the care of the Owner. The transfer of hire commences on delivery to the Hirer. In the case of the units being delivered to the premises, it is the responsibility of the hirer to be in attendance to accept delivery of the units the owner has the right to refuse delivery if the hirer is not present or the units can not be delivered to the venue due to obstacles or gates being locked. On collection the Hirer must ensure the units are in the same condition as delivery, it is the responsibility of the hirer to ensure a responsible person is available so ensure the collection is carried out.
4.Third Party Delivery/Collection: It is the responsibility of the Hirer to ensure a member of staff is present to see the units being delivered. The Owner is not responsible for the siting of the units it is the responsibility of the hirer to check and satisfy themselves that all the units are delivered and positioned in the correct place Third Party couriers will only deliver to the delivery address. The Hirer must provide a point of contact when a third party collection is arranged Any variation from the above is chargeable.
10.General.
a. Items lost during the hire period will be due for payment at the end of the hire period, goods found and returned late will be re-credited less the hire rate incurred for the extra period from the end of the initial hire period to the return date. Goods returned after 7 days from the end of the hire contract will not be refunded.
b. The Hirer will be responsible for repair work if the damage has been caused through neglect caused either by the Hirer or third party during the hire period.
c. The owner can not be held responsible for damage to lawns or gardens if weather conditions are such that the area is waterlogged . if circumstances beyond control at the venue arises freak weather etc then an agreement is made between a senior authority for the Hirer and a representative on behalf of the Owner
d. The Owner will not be liable for any additional costs, third party claims or claims relating to any event where the Owner has been unable to attend due to weather conditions, acts of God, Terrorism and events which are beyond the Owners control.
e. In the event of the Owner’s vehicle breakdown the Owner will attempt to resolve the situation as quickly as possible to the satisfaction of all concerned, but will not be liable for any expenditure or claim from the Hirer in the event. This will be deemed as an act of God as all the Owners vehicles are tested monthly on a maintenance program.
11.Deposits, refunds and payment terms.
a.All payments are made in advance unless a verbal or contractual agreement has been agreed.
b.In the event of order cancellation after the exchange of contracts the following charges will be made:-
i.3 weeks prior to the event 25% of the value will be held as a cancellation charge (with the exception of condition b).
ii.2 weeks prior to the event 50% of the value will be held as a cancellation charge (with the exception of condition b).
iii.1 week prior to the event 100% of the value will be held as a cancellation charge.
c. All late payments will incur an interest charge of 2% per month on the outstanding amount until cleared.
d. Refunds of pre-payment will be re-issued in the same form as payment was received either by cash or cheque and will be issued at the end of each calendar month.