1 Definition of Terms
1.1 "The Owner" is Andrew Waters T/A Hillstock Services who’s address is The Steading Ramsley Farm, North Elmham, Dereham , Norfolk, NR20 5DL
1.2 "The Customer" is the company, firm or persons, corporation or authority specified in the Hire Contract and includes its or their successors or personal representatives.
1.3 “Equipment” covers all mobile toilets/showers (including all fixtures and fittings) and ancillary equipment which the Owner agreed to hire to the Customer.
1.4 “Site” covers the place for the delivery of the Equipment.
2 Extent of Contract
2.1 No conditions or warranties other than herein specifically set forth shall be implied or deemed to be incorporated in or to form part of the contract.
3 Consents, License or Permissions
3.1 The Customer shall obtain all permissions, consents and license required for the Equipment under any statute regulation or byelaw and in due time comply with any conditions imposed in respect thereof.
4 Orders and Specifications
4.1 No order form shall be deemed to be accepted by the Owner until signed by both the Customer and Owner’s authorised representative.
4.2 The Customer shall be entitled to cancel the Contract on giving the Owner notice in writing in accordance with the time limits and subject to paying the Owner such cancellation fee as specified below less any transport cost.
- The 20% Deposit is non-refundable.
- Between 60 and 31 days prior to delivery – 50% payable + VAT
- Under 30 days prior to delivery – 100% payable + VAT
4.3 Save as otherwise provided no order which has been accepted by the Owner may be cancelled by the Customer except with the agreement in writing of the Owner and on the terms that the Customer shall at the Owner’s discretion indemnify the Owner in full against all loss (including loss of profit and the costs of all labour and materials used) and damages charges and expenses incurred by the Owner as a result of such cancellation.
5 Delivery of Good Order, Suitability
5.1 The Equipment shall be deemed to be in good order and condition in accordance with the terms of contract and to the Hirer's satisfaction unless notification is received by the Owner within 24 hours of the Equipment being delivered to site.
5.2 No warranty is given that the Equipment is suitable for the purpose required by the Customer.
6 Access Route
6.1 A suitable access route for delivery and collection is to be provided by the Customer with unrestricted entry and approach. Where the ground is soft or otherwise unsuitable the Customer shall supply and lay timbers or appropriate temporary foundations in a suitable position for loading and unloading and for the equipment to rest on.
7 Loading and Unloading
7.1 The Customer shall be responsible for the unloading and reloading of the equipment at site and any driver supplied by the Owner shall be deemed to be under the Customer's control and the Customer shall be responsible for any damage caused.
7.2 The Customer shall bear the cost of any lifting or special apparatus required for the siting and removal of the Equipment.
7.3 The Customer acknowledges that the Owner shall not be responsible for making good or repairing any damage to the site howsoever caused.
8 Maintenance, Care and Alterations
8.1 The Customer shall be responsible for maintaining the equipment in the same condition as on the date of its delivery and returning the equipment on completion of hire in a good and clean condition (fair wear and tear excepted). Any loss, damage or cleaning costs will be charged to the Customer.
8.2 No alteration or modification shall be carried out on the Equipment without prior consent of the Owner.
9 Inspection
9.1 The Customer shall at all times allow the Owner and Owner's agents to have reasonable access to the equipment to inspect, test, adjust, repair or replace same.
10 Period of Hire
10.1 Unless otherwise provided for in this Agreement, the period of hire commences on the day the Equipment leaves the Owner's premises and terminates on the day it is received back there or on a site nominated by the Owner, both days being included in the period of hire.
11 Termination
11.1 The contract shall be terminable by seven days' notice in writing given by the Customer.
11.2 The Owner shall be entitled to terminate the Agreement forthwith and reposes the Equipment in the event of the failure of the Customer to comply with any of the conditions herein contained.
11.3 It is the responsibility of the Customer to make the Equipment available at the termination of the hire.
11.4 Where the period of hire is indeterminable or having been defined becomes indeterminate the contract shall be determinable by seven days' notice in writing given by either party to the other. In the event of the Customer desiring to terminate the contract and failing to give such notice, hire for the period of the seven days’ notice shall be chargeable.
11.5 If the hire is terminated prematurely the Owner is entitled to payment in full for the minimum hire period stated.
12 Loss and Damage
12.1 The Customer shall be responsible for and hereby indemnifies the Owner against theft and/or any damage sustained to the Equipment during the hire period and any extension thereof.
12.2 The Owner accepts no liability or responsibility for any loss or damage due to or arising from the Equipment becoming unusable through any cause whatever, or through non-arrival arising from accident or break-down during loading, unloading or transport due to inadequate foundations having been provided by the Hirer or its not having been erected in a proper manner.
12.3 Should the Equipment be damaged during the hire period then the Customer shall be liable for the loss of hire revenue up to the date at which repairs are completed.
13 Insurance
13.1 All Plant and Equipment and its accessories are comprehensively insured against all the usual risks including loss or damage by fire, flood, accident or any other cause. The Customer shall pay all damage costs to Plant and Equipment under the excess of £1000. The Customer shall also fully and completely indemnify the Owner in respect of all claims by any reason whatever for injury to persons or property caused by or in conjunction with or arising out of the use of the Equipment and in respect of all costs and charges in connection therewith whether arising under statute or common law.
14 Consequential Loss to Third Party and to the Owner
14.1 No liability will attach to the Owner for any consequential loss or damage due to any failure in the Equipment or non-arrival or late delivery of the Equipment or any breach of contract whatever by the Owner for any cause whatever, including the negligence of the Owner or the Owner's employees.
15 Hire Charges and Payment Terms
15.1 Subject to any special terms agreed in writing between the Owner and the Customer, the Owner will be entitled to invoice the Customer for the Hire Charges and VAT at the rate prevailing on the date of Owner’s invoice before on or at any time after the commencement of the Period.
15.2 The Customer shall pay the Hire Charges and VAT either on receipt of the Owner’s invoice or (if specifically notified by the Owner) within 28 days of the date of the invoice (the “Due Date”)
15.4 Time of payment of the Hire Charges and VAT shall be of the essence of the Contract
15.5 If the Customer fails to make payment on the Due Date then without prejudice to any other right or remedy available to it the Owner shall be entitled to:
a) cancel the Contract and/or suspend the provision of any further Equipment on hire to the Customer; and
b) charge the Customer interest and compensation in line with the Late Payment of Commercial Debts Act 2013 (Bank of England base rate + 8% + statutory compensation)
15.6 The Owner reserves the right to amend hire rates by giving seven days notice in writing to the Hirer at any time after the minimum hire period stated on the contract has expired.
16 Sub-let and Change of Site
16.1 Except as provided for in (16.2) the Customer shall not rehire, sell, mortgage, charge, pledge, part with possession of, or otherwise deal with the Equipment or its contents and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all losses, damages, costs, charges and expenses that may be occasioned by any failure to observe and perform the condition except in the event of government requisition.
16.2 The Customer shall not assign his rights hereunder nor sub-let or lend the Equipment or any part thereof to a third party without the prior written consent of the Owner.
16.3 The Customer shall not move the Equipment from the site to which it is delivered or consigned unless prior written consent is obtained from the Owner.
17 Identification Marks
17.1 The Owner retains the right to affix a mark or plate on the Equipment identifying it as the Owner’s property and the Customer shall not remove, deface or cover up the same.
18 Smoking
18.1 It is the policy of the Owner that all our workplaces are smoke free and all employees have a right to work in a smoke free environment. Smoking is prohibited in all enclosed and substantially enclosed premises in the workplace and this includes Mobile Toilet Units. This condition applies to all employees, consultants ,contractors, customers and the public. The Customer shall be responsible for all claims actions or costs for failure to comply with this clause and any damage to property caused by or arising from their or their agents’ employees subcontractors customers or other third parties use of the equipment. The Customer will indemnify the Owner in respect of each and every claim and all actions proceedings and costs claims and demands in respect thereof.
Any changes to this policy will be posted on this page. Last updated 6th May 2020
