General Terms and Conditions of Hire

1. Definition of Terms

a. “The Owner” is the company letting the equipment on hire and includes its successors or assignees.

b. “The Hirer” is the Company, Firm, Person, Corporation or Public Authority taking the Owners’ equipment on hire and includes their successors or personal representatives.

c. “Equipment” covers all classes of mobile buildings, site huts, stores, toilets and accessories thereon, furniture, access equipment and all other plant which the Owner agreed to hire to the Hirer.

d. A “Week” shall be any seven consecutive days.

2. Extent of Contract

No conditions or warranty other than herein specified shall be implied or deemed to be incorporated in or to form part of the Contract. These conditions shall apply to all contracts entered into by Scotloo/Scotbox Ltd, hereinafter called “The Owner”, for the hire of any Equipment as defined above. These terms shall override any terms, expressed or implied, sought to be imposed by the Hirer unless agreed in writing by an authorised officer of the Owner.

3. Availability of Equipment

The Equipment is offered subject to its being available to the Owner (when the Hirer’s acceptance of the contract is received by the Owner). Delay in delivery of the Equipment shall not render the contract subject to cancellation by the Hirer, time of delivery not being the essence of the contract.

4. Delivery of Equipment

Unless the Owner receives notification to the contrary within 48 hours all plant will be deemed to be have been delivered in good working condition and to the Hirer’s satisfaction.

5. Siting

The Hirer shall be responsible for ensuring the allocation of a suitable site to facilitate the loading, unloading and, where applicable, servicing of the Equipment. Where the ground is soft or otherwise unsuitable the Hirer shall supply and lay appropriate temporary foundations in a suitable position for loading and unloading, and for the equipment to rest on.

6. Change of Site

The Hirer shall not move the Equipment from the site to which it was delivered, or consigned, unless prior consent is obtained from the Owner.

7. Loss

The Hirer is responsible for the safe keeping of Equipment during the period of hire and for its return to the Owner at the termination of hire. If the Hirer fails to return or produce the Equipment for uplift for whatever reason whether as a result of theft, loss or destruction or otherwise, whether due to negligence on the part of the Hirer, his servants and/or his agents or not the Hirer shall be liable to the Owner for:

a. The cost of replacement of the Equipment together with all costs arising therefrom, and

b. The Owner’s hire charges until payment of the costs under clause 7a.

8. Use, Care and Maintenance

The Hirer shall be responsible for maintaining the Equipment in good condition. The Hirer shall not cause the Equipment to be used for any purpose beyond its capacity or in a manner likely to cause undue deterioration. The Hirer shall keep the Equipment safe from damage. The Hirer shall keep himself acquainted with the condition of the Equipment and shall not keep it in use after it has become in a defective, damaged or dangerous state. Should damages or breakdown occur to Equipment attributable to failure to observe the conditions in this clause or to negligence and/or misuse on the part of the Hirer or his servants or to wilful or accidental damage however occurring, the Hirer shall be liable to the Owner for:

a. The cost of repairs.

b. The cost of cleaning Equipment if returned in a dirty condition, and

c. The Owner’s hire charges while the plant is idle due to breakdown or damage while repairs are being carried out.

9. Insurance

During the continuance of the hire period the Hirer shall insure and keep insured the Equipment and its accessories comprehensively to the full replacement value thereof against all the usual risks including loss or damage by fire, flood or accident. Full replacement value means the net cost of purchasing new Equipment or equivalent specification.

10. Period of Hire

The hire period shall commence from the time when the Equipment leaves the Owner’s depot or place where last used or sited and shall continue until the Equipment is received back at the Owners’ depot or nominated site.

11. Inspection

The Hirer shall at all responsible times allow the Owner, his Agents, or Servants to have access to the Equipment to inspect, repair, replace or service the same.

 

12. Protection of Owner’s Rights

The Hirer shall not re-hire, sell, mortgage, charge, pledge, part possession 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, damage, costs, charges, and expenses that may be occasioned by any failure to observe and perform this condition. If the Hirer defaults in punctual payment of any sums due to the Owner for hire of the Equipment and its content or other charges or shall fail to observe the terms and conditions of this Contract or if the Hirer shall suffer any distress or execution to be levied against him or make or propose to make any arrangement with his creditors or, being a company shall suffer a winding up resolution or order to be made or a receiver of this property to be appointed or shall cause to be done or permit or suffer any act or thing whereby the Owner’s rights in the Equipment and its contents may be prejudiced or put in jeopardy, this agreement shall forthwith be terminated, (without any notice or act on the part of the Owner and notwithstanding that the owner may have waived some previous default or matter of the same or like nature) and it shall thereupon be lawful for the Owner to take possession of the said Equipment and its contents, and for the purpose enter into or upon any premises where the same may be and the determination of the hiring under this condition shall not affect the right of the Owner to recover, from the Hirer any moneys due to the Owner under the Contract or damages for breach thereof.

13. Basis of Charging

Equipment shall be hired out for a minimum period of two weeks, unless otherwise agreed. Delivery charges will be made on the first invoice, uplift will be charged on the final invoice. The Owner reserves the right to amend hire rates at any time on new or existing contracts.

14.Terms of Payment

30 days from date of invoice unless otherwise agreed. We reserve the right to charge late payment charges on all overdue invoices.

15. Value Added Tax

The terms quoted do not include an allowance for the extent to which goods or services provided by us are or may be subject to Value Added Tax and according to the extent that the goods or services provided by the Owner are chargeable with Added Value Tax the price shall be increased by the gross amount of each Value Added Tax charge.

16. Notice of Termination

When the minimum contract period has expired the contract becomes indeterminate and 7 days’ notice is required by the Owner from the Hirer. When current notice of termination has been given but the Equipment is not made available for collection due to no fault on the part of the Owner, then the latter is entitled to charge the Hirer for any waiting time, wasted journey, or expenses incurred. The Owner may terminate the contract after the minimum contract period has expired by, at any time, 7 days’ notice.

17. Licenses, Consents etc.

The Hirer shall obtain from the local or any other relevant authority necessary consents, licenses or permissions of any kind whatsoever required by law in connection with the use of the equipment on site.

18. Acceptance of Equipment

Acceptance of Equipment on site implies acceptance of these terms and conditions. Unless otherwise agreed by the Owner in writing these terms and conditions shall apply to all orders placed with the Owner. Any stipulations of conditions in a customer’s order form which would conflict with any of these terms and conditions or in any way qualify or negate the same shall be deemed to be applicable to any order place by the Owner.

19. Notice of Accidents

If the Equipment is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to the Owner by telephone and confirmed in writing to the Owners office, and in respect of any claim not within the Hirer’s agreement for indemnity shall be made by the Hirer without the Owners consent in writing.

20. Exclusion Clause

It is a material condition of the Hire Contract that the Hirer is solely responsible for the contents of the container rented. The Owner accepts no responsibility for damage or loss to the contents of the containers howsoever caused. In particular the Hirer’s attention is drawn to the fact that as a consequence of the forgoing the Owner is not responsible for damage to contents caused by such as fire, flood, frost, water penetration, howsoever caused, whether by natural causes or by the negligence of the Owner, his employees, agents, independent contractors or others having access to the containers. The Hirer is therefore strongly recommended to insure for all risks the contents of the container prior to lodging the same with the Owner.

21. Annual and Statutory Holidays

No allowance or credit will be given for any period during the extent of the Hire Contract in respect of the Hirer’s Annual Leave or Statutory Holidays.