TERMS AND CONDITIONS OF SALE

These conditions of sale shall come into effect between the Supplier and the Customer once an order has been provided (verbally or in writing) by the Customer and accepted by the Supplier. All contracts are made upon these conditions and in contracting with the Supplier, the Customer agrees to accept these conditions to the exclusion of any conditions of the Customer however expressed or whenever contained.

DEFINITIONS

The ‘Supplier’ means, PSB Sales Limited (Co. Reg: 9106847)
Only an employee/company/firm/agent/successor approved by the Directors of the Supplier may be authorised to represent the Supplier and offer/accept sale contracts on its behalf.
The ‘Customer’ is the company/firm/person/employee/corporation or public authority purchasing the Suppliers equipment, whom also includes the Customers’ servants or agents, and any sub- contractor’s servants or agents and the Customers’ successors or personal representatives.
‘Equipment’ means the scaffolding tube, boards, fittings, fixtures, equipment, ancillaries, accessories or any other product offered by the Supplier for sale to the Customer.
‘List Price’ means those prices currently appearing in the Suppliers price list.

1.0    BASIS OF SALE
1.1    The seller’s employees or agents are not authorised to make any representations concerning the Equipment unless confirmed by a director of the Supplier in writing. As such, in entering into the contract, the Customer recognises that it does not rely upon, and waives any claim for breach of, any such representation which are not so confirmed.
1.2    Any literature provided by the Supplier, including but not limited to quotations, estimates, adverts, illustrations, photographs and descriptions and any other documents are only invitations to treat and do not constitute an offer from the Supplier which is open for acceptance. The literature provided is only intended to provide an approximate idea of the equipment provided by the Supplier, they do not form part of the contract and are not a sale by sample.
The Supplier reserves the right to withdraw or amend an invitation to treat at any time without warning prior to the Customers’ acceptance of an offer to sell by the Supplier in writing which has
been accepted by an authorised representative of the Supplier.
1.3    No order submitted by the Customer shall be deemed as accepted by the Supplier until it has been confirmed in writing the by the Suppliers authorised representative.
1.4    Small deviations or variations from particulars of the equipment shall not give rise to any claims.
1.5    No order which has been accepted by the Supplier shall be cancelled by the Buyer, except with the agreement in writing of the Supplier on the terms that the Customer shall indemnify the Supplier in full against all loss (including but not limited to, loss of profit, restacking and other associated costs) which has been incurred by the Supplier as a result of such cancellation.
1.6    All prices quoted are to be deemed as ex-works unless otherwise stated by the Supplier. In the event of any alteration in priced by date of dispatch, prices quoted shall be altered accordingly.
1.7    The Supplier provides a delivery service either by its own fleet or through third party hauliers. Unless agreed in writing by a director of the Supplier, a delivery charge will be applied to the sale of equipment. Customers are able to collect equipment purchased from the Suppliers depot at an agreed time.
1.8    If any special packing, transport or insurance costs are required, these will be charged at an additional price to the equipment. The term ‘special’ refers to any particular arrangements that may have been agreed by the Supplier at the request of the Customer which is outside the realms of the Suppliers normal methods of packaging and/or delivery.
1.9    The Supplier shall not be liable for any damage, loss or expense (subject always to the provisions of the Unfair Contract Terms Act 1977 and any superseding Act as to consumer sales) caused to the Customer by circumstances beyond the Supplier’s control (including weather, industrial action, shortages of labour or materials or faults of contractors, sub-contractors or others not in the direct employ of the Supplier). Unless otherwise expressly agreed in writing, the Supplier shall not be liable for consequential damage, loss or expense, howsoever caused.
1.10    The Customer hereby consents to any relevant searches on its principal directors/partners being made through a licensed credit reference agency.
1.11    The Customer shall not assign, transfer or purport to assign or transfer the contract to which these conditions relate or the benefit thereof to any person whatsoever.

2.0    TERMS OF PAYMENT
2.1    The Supplier may authorise a discretionary credit account to the Customer. Such accounts are solely at the Suppliers discretion and if approved will be subject to periodical reviews. If an account is approved, a credit limit shall be set and use of the account will be subject to staying within the credit limit.
2.2    Should the Customer have an approved account with the Supplier (confirmation of such an account and agreed limits must be provided in writing by the Supplier to be valid), payment will be due 30 days from the date of each invoice.
2.3    If any sums remain unpaid after the due date, the payment of all charges, no matter how recent, shall become due immediately. Invoices shall be provided promptly by the Supplier to the Customer and monthly statements shall be provided by the Supplier.
2.4    The Supplier reserves the right to suspend and/or cancel further supplies from existing or any other orders until all outstanding debts have been satisfied.
2.5    The Supplier reserves the right to withdraw the credit facility at any time without giving a reason.
2.6    Where the Customer does not have an approved credit account, the Customer will be required to provide cleared funds prior to the equipment being dispatched.
2.7    The Supplier reserves the right to levy interest on overdue accounts at the rate of two per cent per month to run from the due date for payment until receipt by the Supplier of the full amount, including any such interest charged, whether or not after judgment.
2.8    If the Customer defaults in any payment under this or any other contract with the Supplier, or ceases business, or stops payment to or makes any composition or arrangement with creditors, or such suffers any distress or execution, enter into any form of insolvency process, or an order or resolution for winding up is made, then the Supplier may deem the Customer to have repudiated this contract and recover money due and damages for such repudiation without prejudice to other remedies.
2.9    The Supplier reserves the right to collect items to the value of the outstanding balance. The Supplier will use its discretion in relation to the value and will always try to collect like for like items where possible.

3.0    DELIVERY
3.1    The providing by the Customer of any delivery instructions for the equipment or any part thereof or the acceptance by the Customer of delivery of the equipment or any part thereof or any document by the Customer in confirmation of the transaction set out on this basis thereof after receipt by the Customer of this document or available viewing on the Suppliers website shall constitute unqualified acceptance by the Customer of these conditions.
3.2    Where the equipment is to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Supplier to deliver any one or more of the instalments in accordance with these Terms and Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Customer to treat the contract as a whole as repudiated.
3.3    Whilst every effort shall be made by the Supplier to keep delivery dates, such dates are to be treated as estimates only and the Supplier accepts no liability in the case of failure to keep the delivery date. Should the Customer refuse or fail to take delivery of equipment tendered in accordance with the contract the Supplier will be entitled to immediate payment in full for the equipment so tendered.
3.4    The Supplier shall be entitled to store at the risk of the Customer equipment of which the Customer refuses or fails to take delivery of and the Customer shall pay the costs of such storage and any additional costs incurred including the carriage. Should the Customer refuse to take delivery, the Customer will relieve the Supplier from the obligation to make further deliveries without prejudice to the Supplier’s right to recover damages for such refusal.
3.5    Whilst the Supplier will take all reasonable steps to ensure that delivery of the equipment is successful, it is the Customers responsibility to ensure that sufficient access and ground stability for the Suppliers/Courier/Third-party is provided at all times. Further, the Customer will be responsible for ensuring that there is sufficient plant and labour resource to facilitate the loading and off-loading of the Equipment. If the delivery is unsuccessful owing to these reasons, a reasonable carriage, handling and re-stocking fee will be levied to the Customer. If any damage is sustained due to a breach of this condition the Customer shall agree to pay all reasonable costs.
3.6    Equipment shall be deemed to have been delivered complete in accordance with the advice note, undamaged, in good condition and to the Customer’s satisfaction, unless the Supplier receives written notice to the contrary within 2 working days after delivery to the Customer. It is recommended that such notification be by way of email to a director of the Supplier. If the Supplier is then satisfied that the equipment was delivered incomplete, damaged or defective, the Supplier will make good the delivery as soon as practicably possible (any replacements as nearly as possible identical and of equal quality) but with no other liability. If the delivery note is not signed by the Customer or their agents, it shall be deemed that acceptance has been expressly given unless written notice to the contrary is received within 2 working days of the delivery by a director of the Supplier.
3.7    Where equipment is to be delivered by a courier on behalf of the Supplier the risk therein passes to the Customer upon delivery. If the Customer arranges for the collection of the equipment, delivery of the equipment shall be deemed as effective and the risks therein to have transferred to the Customer upon their transfer to the carrier nominated by the Customer.

4.0    NON-DELIVERY
4.1    Should the Supplier fail to deliver the equipment or any part thereof on the Delivery Date other than for reasons outside the Seller’s reasonable control or the Buyer’s or its carrier’s fault:
4.1.1    If the Supplier delivers the equipment within 7 business days thereafter the Supplier will have no liability in respect of such late delivery; or
4.1.2    If the Customer gives written notice to the Supplier within 3 business days after receiving such notice the Supplier may cancel the order and the Suppliers liability will be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar goods to those not delivered over the price of the equipment not delivered.

5.0    TITLE
5.1    The title of the equipment, notwithstanding delivery, shall remain the Suppliers absolute property until payment of all amount due to the Supplier whether in respect of the equipment delivered or otherwise from the Customer and outstanding from time to time. Notwithstanding that, the Supplier shall retain absolute ownership of the equipment above-mentioned and the Customer shall be entitled to use the whole or any part of the equipment to be mixed with or used in the manufacture of other equipment. Should this situation arise, the Supplier shall become the absolute owner of the equipment as mixed or as manufactured on the same basis as if the equipment were not mixed or manufactured. If the Customer wishes to sell and deliver the equipment to a third party in the normal course of the Customer’s business, on the condition that until such payment as above mentioned, the Customer shall hold on trust all proceeds of such sales for the Supplier and this shall be held in a separate account.
5.2    The Customer shall agree to store such equipment in a safe and accessible manner whether in their original state or mixed or manufactured in such a way as to make them readily indefinable as the Suppliers property. In the circumstances defined in this condition, the Supplier shall be entitled immediately after giving notice of its intention to repossess the equipment to enter upon the Customers premises or any other place the equipment may be with such transport as may be necessary and shall repossess any equipment to which the Supplier has title hereunder. Nothing in this condition shall infer any right upon the Customer to return the equipment or to refuse or delay payment therefor. If the equipment is stored in any such location that is not the Customers own land, the Customer shall be responsible for obtaining any such permissions the Supplier may require in order to repossess the equipment.
5.3    If upon intention to repossess the equipment to which the Supplier hold title is not available, the Supplier reserves the absolute right to repossess any such items to the value of the amount outstanding. The valuation shall be carried out at the Suppliers sole discretion.
5.4    It is acknowledged by the Customer that the above conditions are for the overall protection of the Suppliers equipment and shall not withhold equipment or impede attempts to repossess.
5.5    If the supplier wishes to sell their hire stock for whatever reason, and said hire stock has been marked with the Suppliers security paint (‘the Paint’), it is the Customers responsibility to remove all visible traces of the Paint, the sale of any hire stock is subject to the removal of the Paint. Title of any sold equipment will not pass to the Customer until the Supplier is satisfied that all visible traces of the Paint have been removed. Until this condition has been satisfied, the title to the goods will remain with the Supplier regardless of whether they have been paid for.
5.6 The Customer agrees to remove all visible traces of the Suppliers Paint within 90 days of the Suppliers invoice for the goods. This time period may be extended if agreed by a Director of the Supplier in writing at time of the Suppliers invoice. Post-dated requests for an extension will not be considered. Title in the goods will remain with the Supplier until this condition has been satisfied.

6.0    WARRENTIES
6.1    The equipment supplied hereunder are warranted to be within normal limits of industrial quality. All other warranties or conditions as to quality or description (statutory or otherwise) are excluded. The Supplier’s liability for breach of this warranty (or in any other claim based on any defect in the equipment) shall not exceed the replacement of equipment shown to be defective or, at the Suppliers option, reimbursement of the price received by the Supplier for the equipment. In respect of any equipment or products supplied by the Supplier but manufactured by other firms, and warranties or guarantees given to the Supplier by such manufactures or suppliers will, so far as the Suppliers be able, be passed to the benefit of the Customer.
6.2    The supply of equipment hereunder shall not confer any right upon the Customer to use any of the Suppliers trademarks or any third parties’ trademarks without the Supplier’s prior written consent and at all times such trademarks shall remain the Supplier’s property or the third parties’. Nor does it imply any right to use any patent which the Supplier may have or any indemnity against infringement of third party patents.

7.0    VALUE ADDED TAX (VAT)
7.1    Unless specifically stated otherwise, prices and rates shown in quotations, contracts, invoices, certificates and correspondence are exclusive of VAT, which will be payable to the Supplier as an addition to the rates chargeable at the rates laid down from time to time by the Law. The Supplier shall be entitled to adjust the rates and amount of VAT retrospectively or otherwise comply with any rulings made by H.M. Customs and Excise affecting any goods sold, hired or provided by the Supplier.

8.0    LAW
8.1    This Agreement is governed by and shall be construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts in relation to any dispute arising under or in connection with this Agreement. Each Party waives any right it has to object to an action being brought in the English Courts or to claim that any such action has been brought in an inconvenient forum. It is intended between the parties that each and every clause in these conditions is legally binding and enforceable. No clause in these conditions is intended to be an agreement to agree.
8.2    Any person who is not a part to this Contract, shall have no rights under this Contract (Rights of Third Parties Act 1999)

9.0    MEDIATION
9.1    The Supplier has the right at their sole discretion to serve written notice at any time that it requires any party to a dispute or alleged dispute arising out of or in connection with this contract to enter into ADR by way of formal mediation, such mediation to take place within 21 days of service of the notice upon them.
9.2    If an agreement cannot be found though formal mediation, the Supplier reserves the right to progress to additional mediation meetings prior to issuing legal proceedings.

10.0    FORCE MAJEURE
10.1    The Supplier shall not be liable in any circumstances for any failure to perform any obligations where such failure is due to any cause beyond its reasonable control including (without in any way limiting the generality of the foregoing) act of God, refusal or revocation of licence or other governmental act, war, flood, industrial dispute, accident, fire, explosion, transport or carriage delays, act of third party loss of or damage to the equipment.

11.0    WAIVER
11.1    The Parties agree that no failure by either Party to enforce the performance of any provision in these Terms and Conditions or under the contract shall constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

12.0    SEVERANCE
12.1    The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions or the contract are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (and, by extensions, the contract). The remainder of these and the contract shall be valid and enforceable.

TERMS AND CONDITIONS OF HIRE

These conditions of hire shall come into effect between the Supplier and the Hirer once an order has been provided (verbally or in writing) by the Hirer and accepted by the Supplier. All contracts are made upon these conditions and in contracting with the Supplier, the Hirer agrees to accept these conditions to the exclusion of any conditions of the Hirer however expressed or whenever contained.

DEFINITIONS
The ‘Supplier’ means, PSB Sales Limited (Co. Reg: 9106847)
Only an employee/company/firm/agent/successor approved by the Directors of the Supplier may be authorised to represent the Supplier and offer/accept hire contracts on its behalf.
The ‘Hirer’ is the company/firm/person/employee/corporation or public authority taking the Suppliers equipment on hire, whom also includes the Hirer’s servants or agents, and any sub-
contractor’s servants or agents and the Hirer’s successors or personal representatives.
‘Equipment’ means the scaffolding tube, boards, fittings, fixtures, equipment, ancillaries, accessories or any other product offered by the Supplier on hire.
‘List Price’ means those prices currently appearing in the Suppliers price list.

1.0    TERMS OF PAYMENT
1.1    The Supplier may authorise a discretionary credit account to the Hirer. Such accounts are solely at the Suppliers discretion and if approved will be subject to periodical reviews. If an account is approved, a credit limit shall be set, and such limit may be raised or lowered at any time at the Suppliers discretion without prior notice given to the Hirer.
1.2    Should the Hirer have an approved account with the Supplier (confirmation of such an account and agreed limits must be provided in writing by the Supplier to be valid), payment will be due 30 days from the date of each invoice.
1.3    If any sums remain unpaid after the due date, the payment of all charges, no matter how recent, shall become due immediately. Invoices shall be provided by the Supplier to the Hirer at regular intervals during the period of hire.
1.4    The Supplier reserves the right to suspend and/or cancel further supplies from existing or any other orders until all outstanding debts have been satisfied.
1.5    The Supplier reserves the right to withdraw the credit facility at any time without giving a reason.
1.6    Where the Hirer does not have an approved credit account, before any hire period may begin, the Hirer will be required to pay the minimum hire charge (4 weeks hire unless agreed in writing by a Director of the Supplier) and a deposit of a value specified from time to time to be calculated in accordance with the Suppliers list prices, which will be held in security until the return of all equipment’s hired, in good order, and once all outstanding payments are received. Once cleared funds equivalent to the above have been received may the hire begin.

2.0    AUTHORITY
2.1    The person making the contract with the Supplier warrants that they have the authority of the Hirer to make this contract on the Hirer’s behalf and hereby agrees to indemnify the supplier against any and all losses and costs that may be incurred by the Supplier if this is not the case.

3.0    PROOF OF ACCEPTANCE
3.1    Upon delivery of equipment from the Supplier to the Hirer, the Hirer shall sign the Delivery Note, which shall be conclusive proof of receipt of equipment from the Hirer. The Supplier will not accept any variations to these conditions whether or not specified in any order or acceptance issued by the Hirer unless agreed in writing by the Supplier.
3.2    If the Hirer or the representative thereof is not present when the equipment is delivered the Supplier will dispatch a Hire Delivery Note to the Hirer. Unless any alleged discrepancy is reported to the Supplier by letter or email received by the Supplier within two working days of delivery the Hire Delivery Note shall be conclusive proof of the delivery of the equipment set out therein.

4.0    DELIVERY CHARGES
4.1    Where delivery or collection is organised by the Supplier, the Hirer hereby agrees to pay a delivery or collection charge at the Supplier’s standard transport rates. (Any negotiated delivery or collection charges must be agreed in writing by a Director of the Supplier). Such charges may include any wasted journey or transport time reasonably incurred by the Supplier in attempting to comply with the specific or implied requirements of the Hirer. If the Hirer or his agent is present on delivery the Hirer will sign the Delivery Note as conclusive proof of the acceptance of the equipment. If the Hirer or his agent is not present, refer to the conditions set out in 7.1.

5.0    COLLECTION
5.1    If equipment is collected by the Hirer, the Hirer shall satisfy himself that he has made a thorough check of the equipment once loaded and shall sign the Delivery Note before leaving the Supplier’s premises as conclusive proof of the receipt of the equipment shown on the Delivery Note. If the Delivery Note is not signed by the Hirer or his agent, it shall be deemed that acceptance has been expressly given unless stated otherwise.

6.0    DELIVERY/COLLECTION LIABILITY
6.1    Whilst every reasonable effort will be made by the Supplier to keep to the dates given for delivery or collection, such dates are estimates only and the Supplier accepts no liability in case of failure to do so. The Supplier will not accept returns on Saturdays or Sundays, Public Holidays or outside of normal office hours. All costs incurred by the Supplier in the specific preparation and gathering together of goods to meet the Hirer’s order, which will where appropriate include the consequential loss of the hire income and a restocking fee shall be recoverable by the Supplier in the event of the Hirer cancelling the contract. If the Hirer requires delivery of the equipment to be postponed to a later date than originally agreed upon then the Supplier reserves the right to charge for the hire as from the original contract date.

7.0    HIRER’S RESPONSIBILITY FOR ACCEPTANCE OF EQUIPMENT
7.1    Upon delivery of the equipment, if the Hirer or representative thereof is not present, the Supplier will issue a Hire Delivery Note to the Hirer. If the Hirer does not report any alleged discrepancy to the Supplier by letter or email, within two working days of the delivery, the Hire Delivery Note shall be deemed as irrefutable proof the delivery of the equipment set out therein.

8.0    RETURN/COLLECTION OF EQUIPMENT
8.1    The Hirer assumes the responsibility at the termination of the hire period, to return the equipment to the Suppliers depot in a clean and sound condition. The Hirer must give at least 48 hours’
notice of his intention to end the hire period, and must obtain an off-hire reference from the Supplier.
Hire charges will cease from the agreed date on the proviso that the equipment is returned within the period of notice. For this purpose, Saturdays, Sundays, Bank holidays and Public holidays are not working days.
Counting procedures for off-hire equipment will always take place after return to the Suppliers yard.
Equipment must be returned in the same dimensions as originally hired. Any discrepancies, including but not limited to cut, shortages, painted and damaged equipment shall be charged to the Hirer at the current market sale rate.
If the Supplier agrees to collect the equipment from the Hirer upon termination of the hire, from a location specified by the Hirer, he will be bound to pay the Suppliers carriage charge. Counting procedures for off-hire equipment collected will only take place upon return to the Suppliers depot.
If the Supplier is unable to collect the equipment from the hirers specified location for whatever reason, the Hirer shall be bound to pay the Suppliers carriage charge in any event and the equipment will continue to attract hire charges until subsequently recovered by the Supplier and counted in at the Suppliers depot.
Once the equipment has been counted back in at the Suppliers depot, the Supplier will then notify the Hirer. Should there be any disputes with this count, the Hirer must notify the Supplier in writing within 5 working days.
8.2    The Hirer assumes responsibility for loading the equipment onto the Supplier’s vehicles and/or any third party vehicles provided by the Supplier. In particular, the Hirer shall provide the necessary machinery/manpower and provide the necessary groundwork conditions to load the equipment onto the vehicles. The Hirer will not overload the vehicles and must load the vehicles in accordance with all the statutory provisions including but not limited to the Road Traffic Act. The Hirer will indemnify the driver of the vehicle for all fines and legal costs incurred by the driver or the Supplier in the event of a breach of this condition.
8.3    The hirer shall at the request of the Supplier, inform the Supplier in writing within one working day of the receipt of such request, of the location of all equipment currently on hire. The hirer shall permit the supplier and any person authorised thereby at all times to enter the premises in which the equipment is situated to inspect and examine the equipment. The supplier may at its discretion render a charge for the value of the equipment should there be any reason to doubt the continuing possession and control of the equipment by the Hirer.

9.0    NON-RETURNED EQUIPMENT ETC.
9.1    Upon commencement of hire, the Hirer shall accept full responsibility for the care, safeguarding and return in good order of the equipment and shall at all times keep it in his possession and control until such time as the Supplier takes the equipment back into the Supplier’s own possession.
9.2    The Hirer agrees to pay the Supplier all costs incurred by the Supplier in rectifying the condition of any equipment including but not limited to damaged and unclean. Additionally, the Hirer will pay the Supplier a charge equating to the financial losses reasonably incurred by the Supplier while such rectification is carried out.
9.3    The Hirer shall notify the Supplier immediately, and confirm in writing, upon the loss of any of the equipment, no matter how it has arisen, and shall be liable to pay the hire charges in respect of the lost equipment up to and including the date on which the notification of loss is received by the Supplier.
9.4    In the case of equipment lost through theft the Hirer shall also report the loss as soon as reasonably practical to the police and as soon as reasonably practical thereafter obtain and advise the Supplier of the crime report number.
9.5    The Supplier reserves the right to continue to apply the hire charges of the equipment until all sums due under all of the conditions stated within 9.1-9.4 have been recovered from the Hirer in full.

10.0    INSURANCE AND RESPONSIBILITY FOR LOST/STOLEN EQUIPMENT
10.1    The Hirer agrees to pay the Supplier the full new list sale rate for any equipment’s that is lost or stolen or damaged beyond economic repair , and without any deduction for usage, wear and tear or age and should insure the goods on this basis.
10.2    All monies received by the Hirer from an Insurance Company or from any other source in settlement of any claim relating to the loss, theft or damage of equipment, shall, to the extent that any payment is due to the Supplier under this condition be held in trust by the Hirer (or successor/assigned body) and paid to the Supplier on demand.
10.3    Once the Supplier has requested the payment from the Hirer, the Hirer shall pay this money in a timely manner and not exceeding 10 working days. It shall be assumed that even if written request is not issued by the Supplier to the Hirer, the Hirer shall undertake to pay the monies in full to the Supplier within 10 working days of receipt of the monies from the Insurance Company or any other source.
10.4    In the event of loss or damage to the equipment the Supplier’s loss shall be payable in full on demand and such payment shall not be conditional on prior recovery by the Hirer of any sums under a policy of insurance or from any other source.
Notwithstanding this condition, to the extent that any payment remains due to the Supplier under it, all monies to the amount of that payment received by the Hirer from a policy of insurance or any other source in settlement of a claim relating to the loss, theft or damage of equipment shall be held by the Hirer on trust for the Supplier and paid to the Supplier on demand.

11.0    RECOVERY OF EQUIPMENT
11.1    The hirer will take all reasonable and realistic steps to secure a safe and proper return of lost or stolen equipment. Should lost or stolen equipment be subsequently recovered it shall be immediately returned to the Supplier by the Hirer. The Hirer will then be credited with the value of said equipment, minus the appropriate hire charges from the date on which the Supplier received written notification of loss to the date the equipment was returned to the Supplier.

12.0    MAINTENANCE OF EQUIPMENT
12.1    It is the Hirers responsibility to remain aware of the state, condition and location of equipment’s on hire from the Supplier and to ensure that it remains safe, clean and of good workable order at all times. If any damage or unsatisfactory working of any equipment is noticed, the Hirer must notify the Supplier immediately in writing.

13.0    DAMAGE
13.1    All equipment will be inspected on its return to the Supplier’s premises. If the Supplier deems any equipment to be damaged or unusable, the Hirer will be charged for the replacement of said equipment at the Suppliers current list price, where applicable. Prior to issuing such charges, the Supplier will serve 5 working days’ notice upon the Hirer. During this 5 working days the Hirer will have the opportunity at any reasonable time to inspect the damage for which the charge is made. Inspection times not to be guaranteed but shall not be unreasonably withheld.

14.0    SAFETY
14.1    The Supplier will provide the Hirer with appropriate instructional material where reasonably practicable and the Hirer will ensure that this is passed onto the operatives using the equipment, whom the Hirer shall in any event ensure are competent in the erection and/or use of the equipment by reason of such operatives having received adequate training therein. The equipment shall not be used for any purpose that it is not designed for. The Supplier cannot be held responsible for any damage or injury wherever caused by the negligence of the user. The Hirer satisfies themselves that the equipment is of sound and workable order at time of original Hire. The Hirer shall indemnify the Supplier of any claims arising from such damage however caused.

15.0    VARIATION ON PRICES
15.1    Any quotation stands as an invitation to treat, which shall remain open for acceptance for 28 days, or less if previously stated on the quotation. This may be the case for certain special items which are subject to severe market fluctuations. The Supplier reserves the right to increase prices at any time without prior notification. After acceptance the Supplier may increase any price including that of equipment already on hire on 28 days’ notice in writing to the Hirer and may correct any obvious errors that appeared in the quotation.

16.0    PERIOD OF HIRE
16.1    The date of collection or delivery will be the effective date of the commencement of hire charges. The equipment hired will be subject to a minimum hire period, as specified in the Supplier’s
price list from time to time. If it is not expressly stated on any correspondence between the Supplier and Hirer, it shall be assumed that the minimum hire period shall be 4 weeks.
16.2    Hire charges are calculated weekly, fractions of a week being charged on a daily basis, the charge for one day being 1/7th of the weekly charge, except for each item where there is a specific minimum hire period. The date of dispatch and the date of collection shall be whole days. 16.3 No allowance will be made for holiday periods or inclement weather or for any reason whatsoever beyond the Supplier’s control including strikes, lock-outs, cessation of labour, transport delays, Government interference or control or any other cause of contingency. The Supplier may at its sole discretion and subject to availability and at the request of the Hirer, add, subtract or substitute to the equipment let on hire without creating a modifying agreement within the meaning of the Consumer Credit Act 1974.

17.0    TERMINATION
17.1    If the Hirer commits any breach of this, or any other contract with the Supplier, or ceases business, or stops payments to or makes deeds of arrangement, assignment or composition with its creditors or being a company that enters any form of insolvency process whether compulsory or voluntary or suffers or allows the appointment of a receiver or provisional liquidator, or suffers any distress or execution whether legal or equitable or any attempt thereat upon any of the Hirer’s property, or has an unsatisfied judgment against it for 14 days or more, or commits any act of bankruptcy, or has an order or notice of resolution for winding up proposed or made against it, or dishonours any cheque drawn upon it, then the Hirer shall be deemed to have repudiated this contract. The Supplier may then immediately re-possess the equipment and recover any monies due as well as damages for repudiation without prejudice to any other rights and remedies.
17.2    Should the equipment not be available for collection, the Supplier reserves the right to collect items to the value of the outstanding balance. The Supplier will use its discretion in relation to the value and will always try to collect like for like items where possible.

18.0    OUTSTANDING ACCOUNTS AND PAYMENT
18.1    The Supplier reserves the right to charge compound interest on a daily basis on all sums outstanding after the date for due payment at the rate of two and a half per cent per month This entitlement to interest shall be without prejudice to the Supplier’s right to terminate the hire by reason of non-payment. Interest shall continue to accrue after such termination until payment of all overdue amounts has been received.
18.2    All prices quoted will be deemed to be the Supplier’s list prices unless agreed by the Supplier in writing. Any prices agreed which differ from the Supplier’s list price will only remain
applicable on the condition that the payment terms will be complied with, full charges may be substituted thereafter.
18.3    Should a dispute arise in respect of any specific item described by any specific invoice, the customer shall not be entitled during the course of this dispute to withhold any sums for payment beyond those specifically relating to the disputed item(s).
18.4    A counter-claim against the Supplier will only be accepted for deduction from any payment made to the Supplier where the Supplier has agreed to such a deduction in writing. No amount which might be due for payment to an associate company or to the parent company of the Hirer will be deemed to be acceptable as a counter-claim in this contract.

19.0    OWNERS RIGHTS
19.1    Where the Hirer takes the equipment on hire intending to re-hire the equipment to a third party, or if the equipment is subject to re-hire for whatever reason following the initial hire from the Supplier, the Hirer is deemed to retain control of the equipment whether or not it might remain in the Hirer’s possession.
19.2    The Hirer shall be solely responsible for the payment of all hire charges raised by the Supplier and for all charges raised by the Supplier in respect of damage to or loss of the equipment. It is the sole responsibility of the Hirer to return the equipment to the Supplier. The Supplier will not deal directly with any third party in this context.

20.0    HIRER’S INDEMNITY
20.1    The Hirer shall indemnify the Supplier against any loss, damage, claims or proceedings, and against any costs or expense arising out of or in connection therewith, in respect of any injury to or death of any person or damage to any property real or personal caused by or arising out of or in the course of the use or misuse of the equipment by any person (other than that caused by the Supplier) or arising out of this contract. The Hirer shall effect to keep in force at all times Policies of Insurance in respect of the Hirer’s liabilities under this condition.
20.2    Should the Supplier be called upon to supply information to any official body regarding the equipment, the Hirer shall cover the Suppliers reasonable expenses in respect of this.

21.0    TITLE
21.1    The equipment, notwithstanding its loss or theft and any payment from the Hirer to the Supplier in respect thereof, will at all times remain the property of the Supplier. The value of any equipment thereafter returned to the Supplier by the Hirer will be credited to the Hirer and all hire charges in respect of this equipment will be reinstated up to and including the time the equipment is returned to the Supplier.
21.2    If the supplier wishes to sell their hire stock for whatever reason, and said hire stock has been marked with the Suppliers security paint (‘the Paint’), it is the hirers responsibility to remove all visible traces of the Paint, the sale of any hire stock is subject to the removal of the Paint. Title of any sold equipment will not pass to the Hirer until the Supplier is satisfied that all visible traces of the Paint have been removed. Until this condition has been satisfied, the title to the goods will remain with the Supplier regardless of whether they have been paid for.
21.3    The Hirer agrees to remove all visible traces of the Suppliers Paint within 90 days of the Suppliers invoice for the goods. This time period may be extended if agreed by a Director of the Supplier in writing at time of the Suppliers invoice. Post-dated requests for an extension will not be considered. Title in the goods will remain with the Supplier until this condition has been satisfied.
21.4    It is acknowledged by the Hirer that the above conditions are for the overall protection of the Suppliers hire stock. If the Hirer requires a period longer than the 90 days in which to remove all visible traces of the Suppliers security paint, it is the Hirers responsibility to ensure that such permission is sought from a Director of the Supplier.

22.0    IDENTIFICATION OF EQUIPEMENT
22.1    All components are to be returned in the exact dimensions supplied. Only equipment provided by the Supplier and identified by the Supplier as such will be accepted at the end of the hire period.
22.2    If there is a discrepancy between the dimensions supplied and those returned, the Hirer shall agree to pay the Supplier the cost difference at the Suppliers current list price.

23.0    VALUE ADDED TAX (VAT)
23.1    Unless specifically stated otherwise, prices and rates shown in quotations, contracts, invoices, certificates and correspondence are exclusive of VAT, which will be payable to the Supplier as an addition to the rates chargeable at the rates laid down from time to time by the Law. The Supplier shall be entitled to adjust the rates and amount of VAT retrospectively or otherwise comply with any rulings made by H.M. Customs and Excise affecting any goods sold, hired or provided by the Supplier.

24.0    LAW
24.1    This Agreement is governed by and shall be construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts in relation to any dispute arising under or in connection with this Agreement. Each Party waives any right it has to object to an action being brought in the English Courts or to claim that any such action has been brought in an inconvenient forum. It is intended between the parties that each and every clause in these conditions is legally binding and enforceable. No clause in these conditions is intended to be an agreement to agree.
24.2    Any persons who is not a part to this Contract, shall have no rights under this Contract (Rights of Third Parties Act 1999)

25.0    MEDIATION
25.1    The Supplier has the right at their sole discretion to serve written notice at any time that it requires any party to a dispute or alleged dispute arising out of or in connection with this contract to enter into ADR by way of formal mediation, such mediation to take place within 21 days of service of the notice upon them.
25.2    If an agreement cannot be found though formal mediation, the Supplier reserves the right to progress to additional mediation meetings prior to issuing legal proceedings.