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Terms

RAPID HIRE SWINDON LTD

Conditions of Hire

Unit 3 Coped Hall, Royal Wootton Bassett, Swindon SN4 8ES  |  Company No. 03635683  |  VAT No. 717920820

These Conditions govern every hire of Equipment by Rapid Hire Swindon Ltd. By taking delivery, collecting, signing for or using the Equipment, the Hirer accepts these Conditions.

1. Definitions and the contract

1.1 In these Conditions:

• “Owner”, “we”, “us” means Rapid Hire Swindon Ltd.
• “Hirer”, “you” means the person, firm or company named on the Hire Contract, and anyone acting on its behalf.
• “Equipment” means the plant, tools, machinery, vehicles, accessories and attachments described on the Hire Contract, including any replacements.
• “Hire Contract” means the hire agreement, delivery note, contract note or online/telephone order confirmation issued by us, together with these Conditions.
• “Hire Period” has the meaning in clause 2.1.
• “Site” means the delivery address or place of use stated on the Hire Contract.
• “Business Hirer” means a Hirer acting for purposes relating to its trade, business, craft or profession. “Consumer” means an individual acting wholly or mainly outside those purposes.
• “Working Day” means Monday to Friday, excluding bank holidays in England.

1.2 These Conditions apply to the exclusion of any terms the Hirer seeks to impose, including terms on a purchase order, unless agreed in writing by a director of the Owner.

1.3 A contract is formed when we accept your order, whether verbally, in writing or by releasing the Equipment. Each hire is a separate contract.

1.4 No variation is binding unless agreed in writing by us. Our staff and drivers have no authority to vary these Conditions.

1.5 The Equipment remains our property at all times. You have no right to sell, sub-hire, lend, charge, pledge or part with possession of it.

2. Hire period, charges and payment

2.1 The Hire Period starts when the Equipment leaves our premises (or is collected by you) and ends when it is returned to our premises, or when we collect it following a valid off-hire under clause 3.5.

2.2 Hire charges are as stated on the Hire Contract or, if none, our current price list. Unless stated otherwise:

• the minimum charge is one day;
• a “day” is up to 8 working hours; use beyond this, or overnight, may be charged at an additional day or pro-rata rate;
• a “week” is up to 5 consecutive Working Days; weekend hire (collect Friday, return by 9:00 Monday) is charged as stated on the Hire Contract;
• hire continues to accrue on weekends, bank holidays and during bad weather, unless agreed otherwise in writing.

2.3 Hire charges are payable for the whole Hire Period, whether or not the Equipment is used. No allowance is given for time lost through weather, site closure or your failure to use the Equipment.

2.4 In addition to hire charges you must pay, where applicable: delivery and collection; fuel, oil and consumables used; cleaning; damage waiver; repair or replacement costs under clause 5; and VAT at the prevailing rate. Standard charges are listed in the Schedule.

2.5 Cash customers must pay the estimated hire charges and any deposit before the Equipment is released. We may take a pre-authorisation on a debit or credit card. The deposit is refunded, less any sums due to us, after the Equipment is returned and inspected.

2.6 Credit account customers must pay invoices in full, without deduction or set-off, within the period stated on their account (30 days from the end of the month of invoice unless agreed otherwise). We may suspend or close an account, or refuse further hires, at any time.

2.7 If you pay late, we may charge interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 (Business Hirers only), suspend deliveries, and recover our reasonable costs of collection.

2.8 Hire may be invoiced weekly or monthly in advance during a long-term hire. Any queries on an invoice must be raised within 14 days of its date; otherwise the invoice is treated as accepted.

3. Delivery, collection, off-hire and return

3.1 Delivery and collection times are estimates only. We are not liable for any loss caused by late delivery or collection, but will use reasonable efforts to meet agreed times.

3.2 You must provide safe, clear and suitable access to the Site and a firm, level place to unload and load the Equipment. You are responsible for any damage to property, roads, drives, kerbs, services or ground caused by our vehicles entering the Site at your request, and for any extra costs or waiting time caused by poor access.

3.3 You or your representative must be present at delivery to sign for the Equipment. If no one is present, our driver may leave the Equipment at the Site and it is deemed delivered in good order. You then bear all risk in it.

3.4 You must inspect the Equipment on delivery and notify us within 4 working hours of any defect, damage or missing item. Otherwise the Equipment is deemed delivered complete, in good working order and fit for purpose.

3.5 Off-hiring. To end a hire where we are collecting, you must contact us by phone or email and obtain an off-hire number. Hire stops on the day the off-hire number is issued, provided the Equipment is ready for collection at the agreed place. Until collected, the Equipment remains at your risk and you remain responsible for its security.

3.6 If the Equipment is not available for collection when our vehicle attends, hire charges continue and a further collection charge applies.

3.7 You must return the Equipment:

• complete, with all accessories, keys, guards and manuals;
• clean, and free of concrete, mortar, plaster, mud and debris (otherwise a cleaning charge applies);
• with fuel at the level supplied (otherwise fuel is charged at our current rate plus a refuelling charge);
• in the same condition as delivered, fair wear and tear excepted.

3.8 Any loss, damage or shortage found on return is recorded by us. Our inspection record is final unless you notify us in writing of a dispute within 3 Working Days.

4. Your obligations and use of the Equipment

4.1 You are responsible for selecting Equipment suitable for your purpose. Any advice we give is given in good faith, but for Business Hirers we accept no liability for it unless confirmed in writing.

4.2 You must:

• use the Equipment only for its intended purpose, within its rated capacity, and in line with the manufacturer’s instructions and any guidance we supply;
• ensure it is operated only by competent, trained and (where required) certified persons, such as holders of CPCS, NPORS, IPAF, PASMA or equivalent cards;
• carry out daily pre-use checks, including fuel, oil, water, tyre pressures and lubrication, and stop using the Equipment immediately if a fault appears;
• comply with all applicable law, including the Health and Safety at Work etc. Act 1974, PUWER 1998, LOLER 1998, the Work at Height Regulations 2005 and the Construction (Design and Management) Regulations 2015;
• provide and ensure the use of suitable PPE;
• keep the Equipment secure at all times, immobilised and locked when unattended, with keys kept separately;
• not remove the Equipment from the Site stated on the Hire Contract, or from Great Britain, without our written consent;
• not alter, repair, modify or remove any plates, markings, guards or tracking devices from the Equipment;
• not use the Equipment in contact with asbestos, contaminated land, hazardous substances, salt water or in demolition, unless we have agreed in writing;
• allow us access during normal working hours to inspect, test, service or repair the Equipment.

4.3 Underground and overhead services. Before any excavation, drilling, cutting or breaking, you must locate and mark all underground and concealed services and keep the Equipment clear of overhead power lines. You are liable for any strike and its consequences.

4.4 Statutory inspections. Where Equipment is subject to thorough examination under LOLER or similar, we supply it with current certification. On hires over 6 months, or where use requires more frequent examination, you must make the Equipment available to us for inspection.

4.5 Road vehicles and towed Equipment. You must hold the correct licence and towing entitlement, ensure the towing vehicle is suitable and correctly rated, and comply with all road traffic law. You are responsible for all fines, penalty charges, congestion and toll charges, and our administration fee for each one, incurred during the Hire Period.

4.6 Operated hire. Where we supply an operator, the operator works under your sole direction and control and is treated as your employee for all purposes during the hire. You remain responsible for site safety, lift plans, method statements and supervision. Our liability for operated hire is limited to supplying a competent operator.

5. Breakdowns, loss, damage and insurance

5.1 Breakdowns. If the Equipment breaks down or becomes unsafe, you must stop using it and tell us immediately. You must not attempt repairs without our written consent. We will repair or replace it as soon as reasonably practicable.

5.2 Hire charges are suspended from the time you notify us of a breakdown until the Equipment is repaired or replaced, unless the breakdown results from your misuse, neglect or failure to carry out daily checks. In that case hire continues and you pay the repair costs and any call-out charge.

5.3 Risk. All risk of loss, theft and damage to the Equipment passes to you from the start of the Hire Period until it ends under clause 2.1, including while the Equipment awaits collection.

5.4 Loss and damage. You are liable for, and must pay on demand:

• the cost of repairing any damage beyond fair wear and tear, including parts, labour and transport;
• if the Equipment is lost, stolen or beyond economic repair, its full new replacement cost at our current list price;
• hire charges at the full rate until the repair is complete, or until we are paid the replacement cost (loss of hire), up to a maximum of 26 weeks.

5.5 You must report any loss, theft or damage to us within 24 hours. Thefts and malicious damage must also be reported to the police, and the crime reference number given to us.

5.6 Damage Waiver. Unless you show us satisfactory insurance under clause 5.7, a damage waiver charge (see the Schedule) is added to the hire charges. Damage Waiver reduces your liability for accidental damage to the excess shown in the Schedule. It does not cover:

• theft or loss, unless the Equipment was secured in line with clause 4.2 and a crime reference number is provided;
• damage from misuse, negligence, overloading, lack of daily checks, wrong fuel, or use outside the manufacturer’s guidelines;
• tyres, glass, buckets, blades, bits, consumables or damage caused by overturning;
• road vehicles, unless stated on the Hire Contract;
• any loss of hire, third-party claims, or damage while the Equipment is in transit in your own vehicle.

Damage Waiver is not insurance.

5.7 Insurance. Business Hirers may instead insure the Equipment for its full new replacement value under a hired-in plant policy (or equivalent), noting our interest, including cover for loss of hire. You must provide evidence before the hire starts. You must also hold public liability insurance (minimum £5,000,000) and employer’s liability insurance as required by law.

5.8 Any insurance money you receive in respect of the Equipment is held on trust for us.

6. Liability, indemnity and termination

6.1 Nothing in these Conditions limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything that cannot lawfully be limited or excluded.

6.2 Subject to clause 6.1, for Business Hirers:

• we are not liable for any loss of profit, revenue, contracts, production or time, any liquidated damages or penalties, or any indirect or consequential loss, however caused;
• we are not liable for any loss caused by breakdown, failure or unsuitability of the Equipment, except where caused by our negligence;
• our total liability arising from each hire is limited to the hire charges paid for that hire.

6.3 Indemnity. You indemnify us against all claims, losses, costs and liabilities (including legal costs) arising from the use, possession, operation, transport or storage of the Equipment during the Hire Period, including third-party claims, except to the extent caused by our negligence.

6.4 Termination by us. We may end the hire immediately, by notice, and repossess the Equipment if:

• you fail to pay any sum when due;
• you breach these Conditions and, if the breach can be remedied, do not remedy it within 7 days of notice;
• you become insolvent, enter any arrangement with creditors, have a receiver or administrator appointed, or (if an individual) are made bankrupt;
• we reasonably believe the Equipment is at risk or being misused.

6.5 Repossession. You authorise us, and our agents, to enter the Site or any premises where the Equipment is kept, during reasonable hours, to recover it. You must pay our costs of recovery. Termination does not affect charges already accrued or our other rights.

6.6 Termination by you. You may end a hire at any time by off-hiring under clause 3.5. Charges up to the end of the Hire Period, and any agreed minimum hire, remain payable.

6.7 We may withdraw Equipment for safety reasons, or to comply with a manufacturer recall, and will replace it with suitable equipment where reasonably possible.

7. Consumers, data protection and general

7.1 Consumers. If you are a Consumer, clauses 1.2, 2.7, 4.1, 6.2 and 7.9 do not apply to you, and nothing in these Conditions affects your statutory rights under the Consumer Rights Act 2015. We are responsible for foreseeable loss you suffer as a result of our breach or negligence, but not for business losses.

7.2 If you are a Consumer and you order by phone or online without visiting our premises, you may cancel within 14 days of the contract being made. If you ask us to start the hire within that period, you must pay for the hire provided up to cancellation.

7.3 Data protection. We process your personal data in line with UK GDPR and the Data Protection Act 2018, to manage your hire and account, carry out credit and identity checks, recover debts and prevent crime. We may share data with credit reference agencies, insurers, the police and debt recovery agents. Some Equipment carries GPS tracking and telematics, which we use to locate and protect it.

7.4 Identification. We may require photo ID, proof of address and a utility bill for new cash customers, and may refuse hire at our discretion.

7.5 Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including severe weather, supply shortages, industrial action or breakdown of our vehicles.

7.6 Notices. Notices must be in writing and sent to the address or email on the Hire Contract (for us, our registered office or hire desk email).

7.7 Waiver and severance. A failure or delay by us in enforcing any right is not a waiver of it. If any clause is found invalid, the rest remain in force.

7.8 Third parties. No one other than the Owner and the Hirer has rights under these Conditions under the Contracts (Rights of Third Parties) Act 1999.

7.9 Entire agreement. The Hire Contract is the entire agreement between us and supersedes any prior statement or representation, except for fraudulent misrepresentation.

7.10 Governing law. These Conditions are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Schedule: standard charges

Charges are in line with typical UK independent hire company rates. All prices exclude VAT and may be reviewed at any time.

Hirer’s declaration

I confirm I have read and accept the Rapid Hire Swindon Ltd Conditions of Hire, have received the Equipment in good order, and am authorised to sign on behalf of the Hirer.