- STANDARD TERMS AND CONDITIONS FOR HIRE AND SALE
1.1 The following words have the following meanings:
‘Charges’ means our current Hire charges including Services during the Hire Period or any charges for the Sale of products or services.
‘Contract’ means a contract raised for the acceptance of the order including these conditions or any special conditions detailed in the order for Hire, Sale or Services.
‘Deposit’ means any advance payment required by us to be held as security by us.
‘Equipment’ means the equipment detailed in the order and any accessories.
‘Hire Period’ means the period when you hold the equipment including weekends and Bank holidays until you return the equipment or we collect it.
‘Liability’ means liability for any and/or all damages, claims, proceedings, actions, awards, expenses, costs and any other losses.
‘Order’ means the purchase order whether in writing or given verbally.
‘Products’ means products sold by us to you.
‘Services’ means the services and/or work to be performed by us for you.
‘We/us/our’ means Clean Sweep Hire Ltd T/A Clean Sweep UK, including all employees, agents or duly authorised representative.
‘You’ means the person, firm, company or other organisation hiring or purchasing equipment or products.
2 BASIS OF CONTRACT
2.1 These conditions shall be incorporated in all Contracts for Hire, Sale or Service of equipment or products.
2.2 Our employees are not authorised to make any representations concerning the equipment unless confirmed in writing and any advice or recommendation given by us to you as to storage or use of the equipment or Products which is not in writing is followed or acted upon at your own risk.
2.3 We reserve the right to provide equipment and Products similar or comparable to that ordered by you.
2.4 The contract shall become binding when we have acknowledged the order to you in writing or verbally.
2.5 The minimum period of hire is one week unless otherwise stated on a quotation, delivery note or contract. All hire period includes Saturday, Sunday and all Bank Holidays.
2.6 Hires for one year or longer will be charged on the basis of 52 weeks hire and no allowance is given if your business is closed.
3.1 Payment for the hiring of equipment shall be paid as directed by us. Those customers who do not have an account with us shall be asked to pay a deposit and an advance payment of the first weeks hire period. When paying by credit or debit card you agree for us to take further payments for any extended hire period, repairs, transport charges, damages or other related charges as and when necessary.
3.2 You shall pay the charges from the date specified until i) we have given you an ‘off hire number’ and ii) you have returned the equipment to us or we have collected the equipment within five days after the issue of the ‘off hire number’.
3.3 If we are not able to collect the equipment for any reason whatsoever after an ‘off hire’ number has been issued, charges shall continue to be payable in accordance with the contract. Any signature provided by your employees, agents or representatives shall be deemed to be an authorised signature for and on your behalf for the purpose of the contract.
3.4 All charges quoted are exclusive of any applicable VAT.
3.5 Payment shall be made within 30 days of the invoice date for all Account customers.
3.6 All and any queries with any invoices must be notified in writing to us within 14 days of the date of the invoice. Thereafter, any query with the invoice or its contents will not be accepted.
3.7 Without prejudice to any other rights, if you fail to make any payment in full on the due date we may charge you interest, both before and after any judgement, on the amount unpaid.
4 RISK, OWNERSHIP AND INSURANCE
4.1 Risk in the equipment and Products will pass to you immediately the equipment leaves our physical possession or control until returned or collected by us.
4.2 Ownership of the equipment remains with us at all times.
4.3 Ownership of all products remains with us until all monies payable have been received.
5 DELIVERY, COLLECTION and SERVICES
5.1 If we agree to deliver or collect the equipment to and/or from you we will charge you £25 (Pedestrian machine), £50 (Ride on machine) and £75 (Combination machine, Road legal machine or towable machine)
5.2 You shall provide suitable access for delivery and collection of the equipment with unrestricted entry and approach for loading, unloading or service work to the equipment.
5.3 If any Services are delayed or postponed due to your failure to comply with your obligations under the contract, you will be liable to pay additional charges of £1 per minute for such a delay.
5.4 If the Delivery is cancelled after the equipment has left our premises then you are liable to pay the Delivery charge and the first weeks hire.
5.5 If the Collection is cancelled after the vehicle has left our premises then you are liable for the collection charge and the equipment will be liable to all hire charges from the original off hire date until another off hire number is requested by you.
5.6 Upon Delivery or Collection of the equipment any defects or dissatisfaction with the equipment, product or services must be notified to the supplier and confirmed in writing immediately. In the absence of such notification the equipment will be deemed to be in good order in accordance with the contract and your satisfaction.
6 CARE OF EQUIPMENT
6.1 You shall not deface or remove any labels or interfere with the equipment.
6.2 You shall take reasonable care of the equipment, keep it properly maintained and only use it for its proper purpose in a safe and correct manner in accordance with any instructions given, in writing or verbally during training.
6.3 You shall notify us immediately after any breakdown, loss and/or damage to the equipment or any accident resulting in personal injury or damage to property.
6.4 You shall take adequate and proper measures to protect the equipment from theft, damage and/or other risks.
6.5 You shall notify us of any change of address and provide details of the location of the equipment.
6.6 You shall permit us access at all reasonable times access to the equipment.
6.7 You shall be responsible for the daily checks including tyres, lights, oil levels, battery levels and ensure correct voltages are used wherever applicable.
6.8 You shall not continue to use the equipment where it has been damaged or if items including brushes and squeegee’s (where applicable) have worn.
6.9 You must return the equipment in good working order and condition (fair wear and tear excepted) and in a clean condition.
6.10 It is your responsibility to check the calibration of the equipment on each occasion before use. Final determination of the suitability of the equipment for your specific use is your responsibility and you must assume all risk and liability in this regard.
7.1 Allowance will be made in relation to the charges for any non use of the equipment due to breakdown caused by inherent fault or fair wear/tear from the time of notification.
7.2 You shall be responsible for all expenses, loss (including charges) and/or damage suffered by us arising from any breakdown of the equipment due to your negligence, misdirection or misuse of the equipment.
7.3 We will, at our own cost, carry out all routine maintenance and repairs to the equipment during the hire period (but you agree that you are responsible for applying all lubricating oils and other maintenance detailed in the operating instructions).
7.4 You must not repair or attempt to repair the equipment without our prior written consent.
7.5 You may replace or repair tyres when necessary, at your own expense, as long as the same make and/or quality is used.
8 LOSS OR DAMAGE TO THE HIRED GOODS
8.1 If equipment is returned damaged, unclean and/or in a defective state, except where due to fair wear and tear, you shall be liable to pay us for the cost of any repair and/or cleaning required to return the equipment to a condition fit for re hire.
8.2 You will pay to us the replacement cost of any equipment (on a new for old basis) which is lost, stolen or damaged beyond economic repair during the hire period.
8.3 You shall pay the charges for the equipment up to and including the date you notify us that the equipment has been lost, stolen and/or damaged beyond economic repair. From that date until we have received your payment for the equipment, as per 8.2 (or retrieved the equipment), you shall pay two thirds of the agreed hire rate, as a genuine pre estimate of lost charges profit.
9 TERMINATION BY NOTICE
9.1 If the Hire period has a fixed duration, subject to section 10, neither party shall be entitled to terminate the contract before the expiry of that fixed period unless by written agreement.
9.2 If the hire period does not have a fixed duration either party may terminate the contract upon giving to the other party any agreed period of notice.
10.1.1 If you fail to make any payments to us when due.
10.1.2 If you breach the Terms of the contract and, where the breach Is capable of remedy, have not remedied the breach within 14 days of receiving notice requiring breach to be remedied.
10.1.3 If you persistently breach the terms of the contract.
10.1.4 If you provide incomplete, inaccurate or misleading facts or information in connection with the contract.
10.1.5 If you attempt to pledge, charge or create any form of security over any equipment.
10.1.6 If you cease or threaten to carry on business.
10.1.7 If you appear to us due to your credit rating or other wise to be financially inadequate to meet your obligations under the contract we shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in Section 10.2 below.
10.2 If any of the events set out in 10.1 occurs in relation to you then;
10.2.1 we may enter, without prior notice, any of your premises, or premises of third parties with their consent, where the equipment and/or products may be and repossess any equipment and/or products.
10.2.2 we may withhold the performance of any services at any time under this and or any other contract with you or any associated companies.
10.2.3 we may immediately cancel, terminate and or suspend without liability to you the contract and or any other contract between you, or any associated companies, and us.
10.2.4 any credit period in relation to payment of the charges shall be accelerated and all sums, all monies owed by you, or any associated companies, to us under this contract or any other contract between you, or any of your associated companies, and us shall immediately become due and payable.
10.3 Any repossession of the equipment and or products shall not affect our right to recover from you, or any other associated companies, any monies due under the contract or any other contract between you, and any associated companies, and us.
10.4 Upon termination of the contract you shall immediately:
10.4.1 at your expense, return the equipment to us or make the equipment available for us to collect; and
10.4.2 pay to us (or any associated companies), in full and cleared funds, all outstanding charges.
11 LIMITATION OF LIABILITY
11.1 All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and or adequacy are excluded to the fullest extent permitted by law.
11.2 If we are found to be liable in respect of any loss or damage to your property the extent of our liability will be limited to the retail cost of replacement of the damaged property.
11.3 Any defective equipment and/or products must be returned to us at your expense for inspection before we have any liability for defective equipment and or products.
11.4 We shall have no liability to you if any charges or monies due in respect of the equipment, the services and/or the products have not been paid in full and cleared funds by the due date for payment.
11.5 We shall have no liability resulting from or contributed to by your continued use of defective equipment and / or products after a defect has become apparent or suspected or should reasonably have become apparent to you.
11.6 We shall have no liability to you to the extent that you are covered by any policy of insurance and you shall ensure that your insurers waive any and all rights of subrogation they may have against us.
11.7 We shall have no liability to you for any;
11.7.1 losses whether arising from breach of contract, tort (including but not limited to negligence), or otherwise, and whether flowing naturally and directly from such breach, negligence or other cause, or not, for loss of revenue, profit, anticipated saving, goodwill or reputation.
11.7.2 economic and/or other similar losses
11.7.3 special damages, indirect losses and/or consequential losses; and/or
11.7.4 business interruption, loss of business, contracts and/or opportunity.
11.8 Our total liability to you under and/or arising in relation to any contract shall not exceed 5 times the amount of the charges or the sum of £1000, whichever is the higher, under that contract. To the extent that any of our liability to you would be met by our insurance then our liability shall be extended to the extent that such liability is met by such insurance.
11.9 Each of the limitations and/or exclusions in this contract shall be deemed to be repeated and apply as a separate provision for each of;
11.9.1 Liability for breach of contract
11.9.2 Liability in tort (including negligence) and
11.9.3 Liability for breach of statutory and/or common law duty; except Section 11.8 above which shall apply only once in respect of all the types of liability under this Section 11.9
11.10 Nothing in this contract shall exclude or limit any other type of liability which it is not permitted to exclude or limit as a matter of law.
12.1 The hiring of each piece of equipment in the relevant Hire period shall form a distinct Contract which shall be separate to any other contract relating to other equipment.
12.2 No waiver by us of any breach of this contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
12.3 These terms and conditions supersede and replace all prior terms and conditions, whether oral or written between the parties.
12.4 All third party rights are excluded and no third parties shall have any rights to enforce the contract.
12.5 This contract is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts in relation to any matter or dispute arising out of or in connection with it (whether of a contractual or tortious nature or otherwise)
12.6 We have the right to vary the contract, by giving you 7 days written notice of such variation.
13 TERMS APPLYING TO CONSUMERS ONLY
PLEASE NOTE THAT THIS SECTION ONLY APPLIES WHEN YOU ARE ENTERING THE CONTRACT AS A CONSUMER
13.1 Where you are acting as a consumer under the Unfair Contract Terms Act 1977 (you enter into the Contract not in the course of business), the following provisions in the Contract may, subject to determination by the Courts, have no force or effect:
13.2.1 Section 2.3 (employees’ representatives);
13.2.2 Section 3.8 (payment of interest on late payment);
13.2.3 Section 3.9 (no right to set-off);
13.2.4 Section 5.6 (payment for delayed performance as a result of you non- compliance with the Contract);
13.2.5 Section 6.3 (suitability of Equipment);
13.2.6 Section 10.2.1 (right of entry and seizure of Equipment). This Section 13.4.6 will also apply to consumers under the Consumer Credit Act 1974:
13.2.7 Section 11 (Limitations of Liability) subject to Section 11.10 continuing to apply:
13.2.8 Section 12.5 (indemnity): and
13.2.9 Section 12.11 (jurisdiction).
13.3 Should any defect occur in the Equipment and/or Products, other than one for which you were responsible, we will at our option either, replace or repair the Equipment and/or Products (at no charge to you) as soon as is reasonably practicable. We shall not replace, repair or service and Equipment and/or Products until any outstanding Charges have been paid in full and cleared funds.
14 DATA PROTECTION NOTICE
14.1 We may transfer information about you to our financiers in order for them to provide their services to the supplier and other customers of theirs and to help to a) obtain credit insurance b) undertake credit control c) undertake assessment and analyses (including credit scoring, market, product and statistical analysis) d) securitise debts and e) protect their interests.
14.2 The supplier or its financiers may make credit reference agency searches in respect of your business and its principals. Please note that credit reference agencies make a record of searches that may be used to prevent fraud or money laundering or by other subscribers to make credit decisions about you.
14.3 The Supplier or its financiers may give information about you and your indebtedness to the following for the purposes stated: a) any other divisions or associated companies of theirs – for the business purposes of such divisions or companies; b) for the benefit of insurers – to quote for and issue any credit policy or to deal with any claims; c) any advisors acting on the behalf of the Supplier or its financiers – so the advisors can carry out their services; d) any business to whom your indebtedness or the financing arrangements of the Supplier may be transferred – to facilitate such transfer; e) to any person to whom the Supplier has a duty of disclosure or to whom the law permits disclosure.
14.4 The Supplier or its financiers may make decisions about you solely using an automated decision making process, such as credit scoring; however, they will tell us (and in turn the Supplier will tell you) if it makes a significant decision using only such a process.
14.5 The financiers or the Supplier may monitor and/or record your telephone calls to them for training and/or security purposes.
14.6 The Supplier shall provide you with details of its financiers on written request, including a contact telephone number from where you can obtain details of the credit reference agencies used by them and any third parties to whom information is transferred.