In this Agreement the following words and expressions have the meanings specified in this clause unless state expressly to the contrary.
the collection address shown on the Quote or such other address agreed between us and you in writing;
the delivery address shown on the Quote or such other address agreed between us and you in writing;
the items being hired by you listed in the Quote including all component parts, records, log books, manuals and handbooks for it and all replacements, renewals of, additions to and substitutions for it;
the total fee set out in the Quote;
the period beginning when the equipment leaves our premises and ending on the return to our premises;
4 percentage points above the base rate for the time being of Bank of England (before as well as after judgment);
the Quote from us to you relating to the hiring of Equipment;
We, us or our
Get Set Hire Ltd (Company Number 08094350), registered office Units 4 & 5, Wave Trade Park, Condord Road, London W3 0BF;
You or your
the person hiring goods from us.
- Hire and quiet enjoyment
2.1 This Agreement comes into force when we accept your detailed order, provide you with a Quote and you accept that Quote. We reserve the right to make a charge for any orders cancelled following your acceptance of the Quote.
2.2 We hire the Equipment to you for the Hire Period.
2.3 We agree that while you perform your obligations under this Agreement, you may keep possession of the Equipment and may use it without interruption from us or persons claiming possession of the Equipment through us.
2.4 If we are acting as agents in the sourcing of equipment for you, separate terms will apply, which will be supplied to you separately.
- The Equipment
3.1 We agree with you that the Equipment:
3.1.1 Substantially conforms to the specification of it given by us;
3.1.2 is of satisfactory quality; and
3.1.3 is fit for any purpose held out by us as the purpose for which you wanted the Equipment.
3.2 If any of the Equipment breaks down or is damaged and is in need of repair during the Hire Period you will not attempt to repair the Equipment. We will:
3.2.1 use reasonable endeavours to repair free of charge, any material defect in the Equipment on the conditions that:
(a) you have immediately notified us of any defect in writing;
(b) we have been permitted to make a full examination of the Equipment and the alleged defect;
(c) the defect did not become manifest because of anything done to the Equipment by any person other than our authorised personnel;
(d) the defect is not present because of any information, design or any other assistance supplied or furnished by you or on your behalf; and
(e) the defect is directly attributable to defective material, workmanship or design; or
3.2.2 replace the Equipment that we cannot or do not repair under clause 3.2.1 with suitable replacements; or
3.2.3 allow an appropriate reduction in the Hire Fee.
3.3 If any of the Equipment breaks down or is damaged and is in need of repair due to anything done or not done to the Equipment by you and/or anyone other than our authorised personnel you will not attempt to repair the Equipment but will immediately notify us and we will use reasonable endeavours to arrange the repair for which we will make a charge to you for parts and labour at our usual work shop hourly rates. If we are unable to repair the Equipment we will use reasonable endeavours to replace it and make a charge to you for such replacement.
4.1 You agree that you will pay the Hire Fee punctually without any deduction, counterclaim, or set-off (whether at law or in equity) in cleared funds either:-
4.1.1 prior to the Delivery Date; or
4.1.2 if agreed with us, within 30 days of the date of our invoice to you.
Any additional charges shall be paid in cleared funds within 30 days of our invoice to you.
4.2 You will pay Interest to us on any money that is not paid on the due date for payment from the due date for payment until the actual date of payment.
4.3 Interest will be compounded annually.
5.1 You agree that you will:
5.1.1 inspect the Equipment on delivery of it to you or on your taking possession of it;
5.1.2 notify us in writing and as soon as reasonably practicable of any defect in the Equipment; and
5.1.3 allow us (on reasonable notice) at any time access to inspect the Equipment.
5.2 If you do not give notification under clause 5.1.1 then you will be conclusively deemed to accept that the Equipment is:
5.2.2 in good order and condition;
5.2.3 fit for the purpose for which you require it; and
5.2.4 in every way satisfactory to you.
- Delivery and collection of the Equipment
6.1 We will use reasonable endeavours to deliver the Equipment to you at the Delivery Address on the delivery date and at the delivery time shown on the Quote.
6.2 We will use reasonable endeavours to collect the Equipment from you at the Delivery Address on the collection date and at the collection time shown on the Quote and you agree that you will make the Equipment available for collection at such date and time in a condition that complies with the full performance of your obligations under this Agreement. If any of the Equipment is not available for collection by us we may make a charge for the continued hire of such Equipment at our usual rates until such Equipment is returned to us or replaced by you.
6.3 Our delivery and collection charges are those set out in the Quote. However, if you require delivery or collection other than at the times set out in the Quote, this may incur extra charges.
6.4 If we have to attend the Delivery Address on more than one occasion for delivery and/or collection, we will make a charge for each additional journey made.
6.5 You will provide suitable access and parking for delivery and collection of the Equipment. You agree to pay any parking fines incurred by us on delivery and/or collection of the Equipment.
6.6 We and you will:
6.6.1 be present at the delivery of the Equipment;
6.6.2 if required by us, you will sign a receipt confirming that you have inspected the Equipment and found it to be in good condition and complete.
- Use of the Equipment
7.1 You agree that you will use the Equipment
7.1.1 in a skilful and proper manner, operated by suitably competent individuals not under the influence of drugs or alcohol and with constant supervision if the Equipment is being operated in the vicinity of children;
7.1.2 in accordance with any operating instructions issued for it;
7.1.3 in accordance with the manufacturer’s recommended fuel type and/or voltage (if applicable); and
7.1.4 in accordance with any relevant legislation.
7.2 You agree that you will not modify the Equipment.
7.3 You agree that you will not do anything that leads any person to attempt to seize, distrain, take possession of, or to attempt to execute any civil recovery or judgement on the Equipment.
7.4 You agree that any equipment used in conjunction with or attached to the Equipment conforms to any relevant legislation and safety requirements.
- Loss of the Equipment
8.1 We will treat the Equipment as lost if it is not available for inspection by us on reasonable notice or not available for collection on the third attempt.
8.2 You will be charged for any lost Equipment at the full replacement value together with a sum equivalent to the amount of income lost by us due to the loss of the Equipment.
9.1 You agree that you will keep the Equipment insured for its replacement value against all risks on a comprehensive policy without restriction or excess.
9.2 You will indemnify us against all loss or damage to the Equipment that happens before we have retaken physical possession of it to the extent that we are not indemnified by the insurance money.
- Possession of the Equipment
You agree that you will keep the Equipment in your own possession and not sell, assign, mortgage, charge, pledge, lend, hire and part with possession of the Equipment.
11.1 You will indemnify us against:
11.1.1 all loss, actions, claims, demands, proceedings (whether criminal or civil), costs, legal expenses (on a full indemnity basis), insurance premiums and calls, liabilities, judgements, damages or other sanctions whenever arising, directly or indirectly from your failure or alleged failure to perform your obligations under this Agreement;
11.1.2 any loss, injury or damage suffered by any person (including without limitation you) because of the presence of the Equipment;
11.1.3 the delivery, possession, hiring, transportation, condition, use, operation, removal or return of the Equipment;
11.1.4 the sale or disposal by you of the Equipment; and
11.1.5 us exercising any right in respect of the Equipment, its ownership, or its hiring.
12.1 You agree that:
12.1.1 we will not be liable (in contract or tort or in any other way) to you for any
(a) loss, injury, or damage that arises because of any defect (whether latent or apparent) in the Equipment; and/or
(b) financial loss incurred by you as a result of the late or non-delivery of the Equipment;
12.1.2 the exclusion in this clause does not apply to:
(a) death or personal injury caused by negligence on our part; or
(b) fraud on our part.
12.2 You agree that you have not relied on any statement made by any person on behalf of us except any made in writing by us to you before the date of this Agreement.
12.3 You acknowledge that we will not have any liability to you:
12.3.1 for any loss because the Equipment is unusable;
12.3.2 to supply any replacement Equipment during any period when it is unusable other than pursuant to clause 3.2 above;
12.3.3 for any loss because of our lawfully terminating the hiring or retaking possession of the Equipment after breach of this Agreement by you.
- Default or breach
13.1 We may terminate the hiring under this Agreement on the occurrence of any of the following events:
13.1.1 you do not pay any money under this Agreement at the times and in the manner required by this Agreement;
13.1.2 any breach by you of your obligations under or any condition of this Agreement.
13.1.3 any of these things happening to you:
(d) winding up;
(e) made the subject of:
(i) a petition or resolution for winding up;
(ii) the appointment of an administrator and/or administrative receiver, or
(iii) a meeting of your creditors;
(iv) anything similar in any jurisdiction that is not England & Wales.
(f) if you abandon the Equipment.
- Consequences of termination
14.1 On termination under clause 13:
14.1.1 our consent to your possession of the Equipment will determine immediately; and
14.1.2 we will have the rights to take possession of the Equipment wherever it may be.
14.2 On termination under clause 13 you will pay to us:
14.2.1 the Hire Fee and any additional costs due to us;
14.2.2 any damages for any breach of this Agreement; and
14.2.3 the proper costs and expenses (including legal fees) incurred by us in or towards enforcing our rights under this Agreement.
You acknowledge that we will at all times retain ownership of the Equipment and you will have no right of ownership in the Equipment.
- No waiver
16.1 No delay or failure by us to exercise any right or remedy will constitute a waiver of it.
16.2 Any of our rights or remedies may be enforced separately or concurrently with any other right or remedy at any time.
- Entire Agreement
17.1 This Agreement is the entire agreement between us and you about its subject matter and replaces any earlier agreement between us and you about its subject matter.
No variation to this Agreement is to be deemed to be effective unless it has been made in writing and signed on behalf of each of us and you.
You may not assign this Agreement without our prior written consent.
20.1 Any written communication from us to you will be sufficiently served if sent by prepaid post or letter or delivered by hand to the address set out in the Quote or such other address as you notify to us in writing.
20.2 Any written communication from you to us will be sufficiently served if sent by prepaid post or letter or delivered by hand to the address set out in clause 1 above.
20.3 If sent by post or letter will be deemed to have been received by you
20.3.1 48 hours after the time of posting; or
20.3.2 at the date of delivery if delivered other than by post.
VAT will be payable by you. All monies specified in this Agreement are exclusive of VAT.
- Third parties
A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of this Agreement.
- Proper law and jurisdiction
23.1 This Agreement is to be governed and construed according to the law of England.
23.2 The Courts of England are to have exclusive jurisdiction over this Agreement and the Equipment.
- Use of confidential information
We may use information we obtain from you under or in relation to this Agreement or from any credit reference or fraud prevention agencies:
24.1 to assess your application, manage your account and provide our services;
24.2 to recover debts, prevent fraud, and to detect money laundering activity;
24.3 to develop, improve and market our products and services.
25.1 If any court or competent authority finds that anything in this Agreement is invalid, illegal, or unenforceable then:
25.1.1 that thing is to be deemed to be deleted;
25.1.2 the validity, legality, and enforceability of the other things in this Agreement will not be affected; and
25.1.3 if it would be valid, enforceable and legal if some part of it were deleted then it is to apply with the minimum modification necessary to make it legal, valid, and enforceable.