Bespoke conveyor belt and material handling systems for warehousing, catering, recycling, aggregate handling and general industries
Hire equipment; Terms and Conditions of Service.
1. GENERAL
- a. Definitions
This Contract is for the hire of items and accessories (“Equipment”), and the parties to the Contract are:
- i. The person, firm, company or other organisation hiring the Equipment and/or purchasing the goods (“Hirer”).
- ii. Central Conveyors Ltd (Registered No. 06172378) with registered offices at 550 Valley Road, Basford, Nottingham NG5 1JJ, henceforth referred to as “CCL”.
- iii. Any condition deemed invalid will not affect other conditions. Nothing in the Contract is intended to limit a consumer’s existing legal rights.
- b. Scope of Contract and Cancellation
- The Contract is not assignable and is effective when CCL accepts the Hirer’s detailed order. CCL reserves the right to charge for cancellation. Hires to individuals or partnerships of individuals (or other unincorporated body of individuals) shall not be for a period in excess of three months; the Hirer in these circumstances must return the Equipment before the last day of the three month period.
- c. Termination
- CCL may terminate the Contract and repossess Equipment without affecting any rights to recover monies due, damages for breach of contract or other remedies where the Hirer is in breach or is involved in insolvency or liquidation proceedings.
- d. Ownership of Equipment and Goods
- Equipment hired remains the property of CCL at all times. Ownership of Goods purchased transfers only when full payment is received by CCL.
2. HIRE CHARGES
- a. Basis of charging
- The stated hire charges are for the duration of the Contract and include Saturdays, Sundays and Public Holidays. The amount of any deposit or charges are detailed in the Contract and are based on the current CLL catalogue price list from time to time.
- b. Transport charges
- Delivery and collections including attempted calls are chargeable. If Equipment is not available or only partially available for collection then the Hirer will be charged for each journey.
- c. Deposits
- Deposits are set by CLL at amounts reasonably required and will be offset against any monies due. Where a Deposit is required for the Equipment it must be paid by the Hirer before the hire period. Deposit balances are refunded upon return to CLL of Equipment in good condition. Balances of deposits paid by cheque will be refunded by cheque or BACS transmission within 7 business days.
- d. Credit Card deposits
- In the event that the actual charges for the hire supplied by CLL exceed the amount charged then this additional amount may be taken from the Credit Card.
- e. Cleaning, re-sharpening and damage repair
- The Hirer will pay for required cleaning or re-sharpening and, except where appropriate conditions in 4(a) or 4(b) apply, breakages and damage repair.
- f. Loss of Equipment
- CLL will treat Equipment unavailable for inspection after reasonable notice as lost and except where appropriate conditions in 4(b) apply the Hirer will pay a penalty charge for Equipment replacement and revenue loss. Hire charges accrue until full settlement is made.
3. PAYMENT
- a. Payment Terms
- If CLL has granted a credit account to the Hirer then payment of any charges or any other sums due under this Contract, including VAT, shall be made in full cleared funds by the end of the month following the date of the invoice. Where a credit account has not been granted then payment of any charges or any other sums due under [the][this] Contract shall be made with the Hirer’s order for the Equipment or Goods. Payment by the Hirer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to have been made until CLL has received cleared funds or cash.
- b. Invoice Queries
- The Hirer should notify CLL of any queries concerning invoices in writing within 14 days of the invoice date. CLL will not grant an extension to credit account payment terms for unresolved invoice queries that have been notified after 14 days have elapsed from the invoice date.
- c. Overdue Accounts
- Should any portion of an account fall overdue then the total account will become due on demand. The Hirer will be liable for reasonable legal charges incurred by CLL in the recovery of amounts due, Equipment and/or Goods. In addition CLL may charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1988 at Bank of England base rate plus 4% and/or may suspend further services to the Hirer.
- d. Credit Limits
- Where CLL has granted a credit account to the Hirer, CLL may set a reasonable credit limit. CLL reserve the right to terminate or suspend the Contract if allowing it to continue would result in the Hirer exceeding his credit limit or the Hirer has already exceeded his credit limit.
4. DAMAGE WAIVER OPTIONS
- a. Damage Waiver
- If the Hirer contracts to pay, the ‘Damage Waiver’ charge at 10% of the hire charge (where available as an option) CLL will waive any further charge for rectifying accidentally damaged returned equipment. If the Hirer does not take ‘Damage Waiver’ then condition 2(d) will be enforced. ‘Damage Waiver’ is not an insurance for Equipment loss or theft. ‘Damage Waiver’ may be limited under CLL One Call Contracts and ‘Damage Wavier’ may be invalidated where condition 5(g) is not adhered to.
- b. Damage Waiver Plus
- The ‘Damage Waiver Plus’ charge at 15% of the hire charge, (where available as an option) will be added to the contract unless the Hirer specifically requests otherwise. Under ‘Damage Waiver Plus’ CLL will waive any further charges for rectifying accidently damaged returned Euipment. ‘Damage Waiver Plus’ may be invalidated where condition 5(g) is not adhered to. CLL will also waive any penalty charges for Equipment loss subject to the ollowing conditions:
- i. The Hirer must be able to demonstrate that reasonable care has been taken to prevent loss.
- ii. Theft of Equipment must be reported to the Police and a crime reference number obtained.
- iii. The Hirer must notify CLL within 48 hours of the theft and obtain an CLL Theft report Form. The completed form must be returned to: Claims Department, Circle House, Lostock Road, Davyhulme, Manchester M41 0HS. Tel: 0161 749 4400 Fax: 0161 749 4421.
- iv. The maximum value of loss penalty charges waived for any single hire contract will be £5000.
- v. Exclusions - Loss penalty charges will not be waived under the following circumstances:
- a. Theft of consumable ‘resale’ Goods.
- b. Loss due to the dishonesty of any Hirer’s employee.
- c. Theft from a vehicle where the Equipment was left visible and unattended.
- d. Loss of Equipment revealed only when an inventory is made.
- e. Loss arising from civil disturbance.
- f. Loss occurring outside the UK and Eire.
- vi. Limit of Claim - 'Damage Waiver Plus' does not protect the Hirer for:
- a. The first £50 (or 20% whichever is the greater amount) of any Equipment loss claim.
- b. 50% of any claim for theft of Equipment left unattended overnight outside a secure compound or building or stored overnight in a secured vehicle.
5. HIRER’S RESPONSIBILITIES
a. Inspection and receipt of Equipment and Goods
The Hirer will sign to acknowledge receipt at delivery/handover. Shortages must be agreed and noted on the Contract/delivery document. Equipment defects should be reported to CLL immediately by telephone.
b. Delivery/collection of Equipment and Goods
The Hirer will provide adequate delivery and collection access. Equipment transported in the Hirer’s own vehicle is at the Hirer’s risk.
c. Security of Equipment
The Hirer accepts responsibility for Equipment security until its collection by or return to CLL and undertakes not to sell or relinquish possession, alter, repair or modify it in any way.
d. Safe use of Equipment and breakdown procedure
The Hirer is responsible for the safe and correct operation of Equipment (conforming to relevant legislation and the CLL operating and safety instructions supplied) by competent persons not under the influence of alcohol or drugs and for its constant supervision within the range of children. The Hirer will immediately notify CLL of any Equipment breakdown or shortcoming without attempt at repair. The Hirer will ensure any non-CLL Equipment used in conjunction with or attached to Equipment also conforms to safety requirements.
e. Return or collection of Equipment
The Hirer may arrange for the return or collection of Equipment with any CLL outlet during normal business hours and when Equipment has been returned or collected CLL will issue a return note. The Hirer will remain liable for ongoing hire charges until such return note has been issued. When the Hirer requests collection of Equipment CLL will issue a ‘collection reference number’ in acknowledgement, the Hirer remaining responsible for the Equipment, and in particular its security, until actual collection.
f. Lost or stolen Equipment
Except where the Hirer opts for ‘Damage Waiver Plus’ (where available as an option) under condition 4(b) the Hirer agrees to insure Equipment on a full replacement basis against the risks of loss, theft and damage beyond economic repair and on demand to pay to CLL any insurance claim proceeds. This liability is without prejudice to any CLL rights under the Contract. Replacement equipment purchased with insurance claim proceeds is the property of CCL.
g. Fuel and/or Electricity Supply for Equipment
Where Equipment requires fuel, oil and/or electricity, the Hirer must ensure that the CLL or manufacturer’s recommended type and/or voltage is used and that, where appropriate, the Equipment is properly installed by a qualified person.
6. CCL’s RESPONSIBILITIES
a. Hire rates
CLL will maintain the agreed hire rates for the duration of the Contract.
b. Safety and operating instructions
CLL will provide appropriate written and/or practical instruction in the safe and correct operation of Equipment.
c. Testing and inspection of Equipment
CLL will comprehensively test all electrical Equipment before commencement of hire. Equipment will be inspected and tested where appropriate in accordance with relevant statutory requirements and if Equipment needs to be recovered from the Hirer for such purposes CLL will substitute items of similar specification.
d. Delivery and collection
Following the Hirer’s request, CLL will endeavour to deliver or collect Equipment during the next business day, wherever possible.
e. Returned Goods
CLL will arrange an appropriate credit where the Hirer returns in unused condition Goods sold for use with Equipment.
f. Limitation of liability
The liability of CLL for claims made by the Hirer does not extend to any unforeseeable financial loss caused by late or non-delivery of Equipment and/or Goods, unsuitability, breakdown, stoppage or lawful repossession. Subject to the above CLL will be liable for negligence or error in the performance of its obligations under the Contract.
DATA PROTECTION
The information you provide will be held in accordance with the Data Protection Act 1998 and will be used by CLL and its trading divisions. We may want to contact you from time to time about other products or services available from us and we may release your contact details to other carefully selected companies whose products or services we believe will be of interest to you. If you do not want to receive such offers please write to us at: FREEPOST CLL (CN1630), 25 Willow Lane, Mitcham, Surrey CR4 4YZ.