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Dainton Portable Buildings - Terms and Conditions of Hire

1 Definition of Terms

(a) The 'Owner' is Dainton Group Services Ltd.
(b) The 'Hirer' is the Company, Firm, Person, Corporation or Public Authority taking the Owner’s equipment on hire and includes their successors or personal representatives.
(c) 'Equipment' means all classes of portable buildings, modular buildings and containers.
(d) "Commencement Date" means the date specified in the Contract.
(e) "Period of Hire" means the period specified in the Contract.
(f) "Hire Charges" means the amounts set out in the Contract at their full face value without any deduction set off or counterclaim whatsoever.
(g) 'Contract’ means a contract between the Owner and the Hirer for the hire of a unit of Equipment.
(h) 'Site’ means the site to which the Equipment is delivered (or to be delivered) on the Hirer’s instructions.
(i) 'Deposit’ means the deposit amount set out in the Contract.

2 Extent of Contract

  • 2.1 The Contract and these Conditions of Hire shall be the entire agreement between the parties.

3 Period of Hire

  • 3.1 Hire of the Equipment shall commence on the Commencement Date and shall continue for the Period of Hire subject to termination as herein provided.
  • 3.2 Either party may terminate the Contract by giving to the other not less than 7 days’ notice in writing.
  • 3.3 If the Contract is terminated prematurely the Owner is entitled to payment in full for the Period of Hire stated.

4 Charges for Hire

  • 4.1 The Hirer will pay to the Owner during the Period of Hire the Hire Charges in the amounts and at the intervals stated in the Contract.
  • 4.2 The Owner reserves the right to review the Hire Charges at the end of the Period of Hire stipulated in the Contract and at yearly intervals thereafter.
  • 4.3 The Owner shall submit invoices for all charges due under the Contract at the frequency detailed in the Contract. Invoices shall include Value Added Tax where applicable.
  • 4.4 Unless otherwise agreed by the Owner in writing payment shall be made within 30 days of the date of the invoice. Payment shall be made by Direct Debit if so requested by the Owner.
  • 4.5 Where a single payment is made to cover the whole Period of Hire, the amount shall be paid on the Commencement Date.
  • 4.6 If payment is not made when due the Owner shall be entitled to charge interest on the overdue amount at 5.5 per cent above the prevailing base rate of Barclays Bank Plc calculated on a daily basis. The Hirer shall also be liable to pay any charges incurred by the Owner in the recovery of overdue amount or the Equipment. These remedies shall be without prejudice to any other rights and remedies available to the Owner.
  • 4.7 The Deposit is a deposit against default by the Hirer of payment of any Hire Charges or any loss of or damage caused to the Equipment. The Hirer shall, prior to the Hire Commencement Date, pay a deposit amounting to six weeks hire charges and Value Added Tax to the Owner in full. If the Hirer fails to pay any Hire Charges in accordance with the Contract, or causes any loss or damage to the Equipment (in whole or in part), the Owner shall be entitled to apply the Deposit against such default, loss or damage. The Hirer shall pay to the Owner any sums deducted from the Deposit within ten (10) business days of a demand for the same. The Deposit (or balance thereof) shall be refundable within five 5 business days of the end of the Period of Hire.
  • 4.8 Prior to receipt of equipment The Hirer will pay to the Owner the full costs of the delivery of all of the equipment to the delivery address.

5 Delivery and Collection

  • 5.1 Time for delivery is given as accurately as possible but is not guaranteed. The Hirer hereby acknowledges that time shall not be of the essence with regard to time and date for delivery of Equipment. The Hirer shall have no right to damages or to cancel the Contract for failure for any cause to meet any delivery time stated. The date of delivery shall in every case be dependant upon prompt receipt of all necessary information, final instructions or approvals and delivery details from the Hirer in writing. Alterations by the Hirer in design specifications or requirements may result in delay in delivery.
  • 5.2 The Owner will endeavour to comply with reasonable requests by the Hirer for postponement of delivery but shall be under no obligation to do so. Where delivery is postponed otherwise than due to default by the Owner:-
  • 5.2.1 The Hirer shall remain liable for any Hire Charges payable in accordance with these Conditions.
  • 5.2.2 The Owner shall be entitled to terminate the Contract upon giving the Hirer seven working days notice in writing of its intention to do so.
  • 5.3 The Hirer shall provide adequate and unrestricted access to the proposed Site for delivery unloading reloading and recovery of the Equipment.
  • 5.4 The Hirer shall pay in advance of the delivery all costs (at the Owner’s rates current from time to time) relating to the loading, transporting and unloading of the Equipment upon delivery and collection of the Equipment to/from the Hirer’s Site.
  • 5.5 The Hirer shall unless otherwise stated in sufficient time and at its own expense provide suitable foundations for the Equipment, such foundations to conform to any instruction specification drawing, which may be supplied by the Owner.
  • 5.6 Unless the Owner has agreed in writing to the contrary with the Hirer:
  • 5.6.1 The Owner shall not be under any obligation to provide any additional plant lifting gear or special apparatus, other than that carried by the vehicle, required for siting any Equipment./li>
  • 5.6.2 The Owner shall also not be under any obligation to provide power or labour, other than that carried by the vehicle.
  • 5.6.3 The Hirer warrants that any special appliances required for siting the Equipment, which are not carried by the vehicle, will be provided by the Hirer or on the Hirer’s behalf.
  • 5.6.4 Except for death or personal injury caused by its negligence, the Owner shall be under no liability whatever to the Hirer for any damage whatever, however caused, if the Owner is instructed to load or unload any Equipment requiring special appliances, which in breach of the warranty in (iii) above, have not been provided by the Hirer or on the Hirer’s behalf.
  • 5.6.5 The Owner shall provide the vehicle and its undertakings (including loading and unloading activities) under the Road Haulage Association (RHA) Terms and Conditions except when 5.7 (i), (ii) and (iii) below apply.
  • 5.6.6 The Hirer shall make available to the Owner upon request details of any risk assessments, which may have been carried out at the collection and/or delivery address. The responsibility for carrying out such risk assessments shall be that of the Hirer and not of the Owner.
  • 5.6.7 The Hirer shall make available to the Owner upon provision of the vehicle a competent person to fully manage the lifting operation associated with the loading and unloading undertaken by the vehicle, having previously planned the predicted lifting operation in accordance with BS7121: Part 1:1989 and Part 4:1997.
  • 5.7 Where the Hirer has agreed in writing with the Owner:
  • 5.7.1 The Hirer shall bear the full cost of any additional plant lifting gear or special apparatus hired by the Owner for the purpose of siting the Equipment.
  • 5.7.2 The Owner will provide additional plant by entering into a contract with another party (the Contractor) who will undertake the lifting operation on the Owner’s behalf in accordance with BS 7121 - Safe Use Of Cranes, Part 1:1989 and Part 4:1997 where applicable. The Contractor will be responsible for the management and planning of the lifting operation (undertaking a 'Contract Lift’) notwithstanding the Hirer’s responsibilities under BS 7121.
  • 5.7.3The Owner will enter into a contract with another party under the Contractors Plant Association Model Conditions for the Hiring of Plant ('CPA Model Conditions) for which the Hirer shall fully indemnify the Owner against any claims arising thereof.
  • 5.8 All employees sub-contractors and agents of the Owner shall be deemed whilst on the Site or other premises of the Hirer or of any third party to be servants or agents of the Hirer who alone shall be responsible for and shall indemnify the Owner against all claims by any person firm or company (including the Owner) arising out of or connected with the delivery collection movement loading unloading siting or installation of the Equipment.
  • 5.9 Where, in the Owner’s opinion, the ground in and around the Site (including all private roadways accesses main pipes manholes weighbridges or approaches under through our over which the Owner its servants agents or contractors might have to pass in the performance of any obligation) is soft or otherwise unsuitable the Hirer shall in sufficient time and at its own expense supply and lay a surface in a suitable position for the Equipment to travel over or stand on during the loading and unloading at the Site.
  • 5.10 Connection and disconnection of mains services on Site and the suitability of those services are the responsibility of the Hirer.
  • 5.11 The Hirer shall be responsible for obtaining any necessary permissions from the owner of the Site for the entry into the Site and the siting of the Equipment on the Site. The Hirer shall indemnify the Owner against all claims by any person firm or company (including the Owner) arising out of or connected with the delivery collection movement loading unloading siting or installation of the Equipment on the Site.
  • 5.12 The Hirer authorises the Owner to accept the signature on delivery and collection of the Equipment of any person reasonably holding themselves out to be the Hirer’s representative whether such person be so authorised or not.
  • 5.13 The Hirer must give a minimum of 48 hours written notice to cancel a delivery or the Hirer will be liable for a cancelation fee equal to the quoted delivery cost./li>

6 Acceptance, Risk and Title of Equipment

  • 6.1 Acceptance of the Equipment shall be deemed to take place when the Equipment is delivered on Site and accepted by the person referred to and in accordance with clause 5.11, which shall constitute conclusive evidence that the Hirer has examined the Equipment and has found it to be in good condition, complete and fit in every way for the purpose for which it is intended (save as regards any latent defects not reasonably apparent on inspection).
  • 6.2 The Equipment shall at all times remain the property of the Owner, and the Hirer shall have no right, title or interest in or to the Equipment (save the right to possession and use of the Equipment subject to the terms and conditions of the Contract).
  • 6.3 The risk of loss, theft, damage or destruction of the Equipment shall pass to the Hirer on Delivery. The Equipment shall remain at the sole risk of the Hirer during the Period of Hire and any further term during which the Equipment is in the possession, custody or control of the Hirer until such time as the Equipment is redelivered to the Owner.
  • 6.4 The Hirer shall not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Hirer shall notify the Owner and the Hirer shall at its sole expense use its best endeavors to procure an immediate release of the Equipment and shall indemnify the Owner on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation.

7 Terminations

  • 7.1 If the Hirer:
    (a) Shall fail to pay any Hire Charges or other sums due and payable under the Contract in full by the due date; or
    (b) passes a resolution for voluntary winding up (other than for the purpose of a bona fide amalgamation or reconstruction), enters into a voluntary arrangement with its creditors, becomes bankrupt or insolvent or enters into voluntary arrangements with his creditors; or
    (c) commits a serious breach of the Contract (and in case of such breach being remediable (other than failure by the Hirer to pay the Hire Charges), fails to remedy it within 7 days after receiving written notice to do so); then, the Owner shall be entitled to treat the Contract as being at an end or suspend any further deliveries under the Contract without liability to the Hirer and enter the Site to retake possession of the Equipment. If the Equipment has been delivered but not paid for, the Hire Charges shall become due immediately regardless of any previous agreement to the contrary.

8 Availability

  • 8.1 Quotations are offered subject to the availability of the Equipment at the time of Hiring, and the Owner reserves the right to offer an alternative item of Equipment should the original quoted Equipment not be available.

9 Inspection, Servicing and Repairs

  • 9.1 The Hirer shall be responsibility to the Owner for the duration of the hire for the safekeeping of the Equipment and for its use in a proper and workmanlike manner. The Hirer shall not use the Equipment for any purpose beyond its capacity or in any manner which, in the Owner’s opinion, is likely to result in undue deterioration or its becoming immobilised immovable or otherwise inaccessible.
  • 9.2 The Hirer shall keep the Equipment in good and substantial repair and condition and when the Period of Hire extends beyond 3 years shall redecorate and refurbish the Equipment both externally and internally in a manner and to a standard approved by the Owner.
  • 9.3 The Hirer shall at all reasonable times permit the Owner and its agent’s access to the Equipment to inspect test adjust repair altar or replace the same.
  • 9.4 The Hirer shall not (except as required by these Conditions) without the prior written consent of the Owner adjust repair or alter the Equipment or make any attempt so to do.
  • 9.5 If at any time during the Period of Hire the Equipment or any part thereof is in need of adjustment or repair then: -
  • 9.5.1 The Hirer shall forthwith give written notice of such need to the Owner;
  • 9.5.2 the Owner shall with reasonable diligence either carry out the necessary adjustment or repair on Site or at its discretion arrange for the removal of the Equipment or part or parts thereof to the Owner’s works for adjustment or repair;
  • 9.5.3 in the event of the Owner’s removing the Equipment or any part or parts thereof the Owner may at its option adjust or repair and re-deliver the Equipment or such part or parts with reasonable diligence or terminate the Contract forthwith in relation to the Equipment by giving written notice to the Hirer or replace the Equipment or such part or parts in which case the Contract shall continue as if the substituted product or such part or parts had been or had been included in the subject matter of the Contract;
  • 9.5.4 in the case of adjustment repair or substitution the Owner may at its option apply the Owner’s hire rates current at the date of completion of adjustment repair or substitution in place of those set out in the Contract in respect of any such adjusted repaired or substituted Equipment as from the date of such completion;
  • 9.5.5if in the reasonable opinion of the Owner the Equipment’s condition necessitating adjustment or repair arises in whole or in part from any cause other than fair wear and tear then: - (i) The Hirer shall be liable for all costs of inspection loading unloading and transport in connection with the carrying out of the adjustments or repairs the removal of the Equipment or any part or parts thereof and the redelivery thereof or of any substitute thereof; and,
    (ii) Hire Charges shall continue to be payable as if the Equipment had not been in need of adjustment or repair;
  • 9.5.6 If in the opinion of the Owner the Equipment’s condition necessitating adjustment or repair is solely attributable to fair wear and tear then:- (i) The Owner shall be liable for all such costs as are mentioned in 9.5(e) (i) above.
    (ii) If the Owner shall terminate the Contract under 9.5(c) above within three months of the date of original delivery of the Equipment to the Site the Owner shall be liable for the cost of loading unloading and transport to and from the Site.
  • 9.6 Upon termination Equipment will be inspected by the Owner and any charges for damages/repairs excluding fair wear and tear will be chargeable to the Hirer.
  • 9.7 The Hirer shall be responsible for the Period of Hire for the carrying out of all statutory inspection tests in accordance with the appropriate regulations. This will include but not be exclusive to electrical, gas and water services and electrical appliances.The Hirer shall indemnify the Owner in full for all costs damages or losses howsoever caused arising out of or connected with the failure by the Hirer to comply with any such statutory inspection tests or regulations.

10 Insurance

  • 10.1 The Hirer shall throughout the Period of Hire and until collection of the Equipment by the Owner (without prejudice to any liability of the Hirer to the Owner) at its own expense insure the Equipment to not less than its full replacement value with a reputable insurance company against all loss or damage and also against all risks of third party liability arising out of the ownership presence or use of the Equipment.
  • 10.2 The Hirer shall remain liable to pay to the Owner any shortfall from any recovery under the insurances. Until such sums and any shortfall as aforesaid are paid the obligations of the Hirer under the Contract (including those to pay Hire Charges in respect of the destroyed Equipment) shall continue. Any surplus from any recovery under the insurances shall be paid to the Hirer.

11 Limitation of Liability

  • 11.1 Except in respect of death or personal injury caused by the Owner’s negligence, the Hirer agrees that the Owner will not be liable under the Contract or these Conditions of Hire or any collateral contract for any loss of income profit goodwill or contracts or any special indirect incidental or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence) breach of contract or otherwise. Non exhaustive illustrations of consequential and indirect loss would be: (a) Loss of profit (b) Loss of Contract (c) Damage to property of the Hirer or anyone else.
  • 11.2 Except in respect of death or personal injury caused by the Owner’s negligence, the Owner's total liability to the Hirer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Hire Charges payable by the Hirer.

12 Sub Letting

  • 12.1 The Hirer 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 this condition.

13 Change of Site

  • 13.1 The Equipment shall not be removed from the Site to which it was delivered or consigned without the authority of the Owner, such authority to be confirmed in writing prior to any such movement taking place.

14 Identification Marks

  • 14.1 The Owner retains the right to affix a mark or plate on the Equipment identifying it as the Owner’s property and the Hirer shall not remove, deface or cover up the same.
  • 14.2 The Hirer shall not be permitted to affix any mark or plate on the Equipment unless prior written authority has been given by the Owner. The Hirer will be responsible for the cost of rectification or reinstatement at the termination of the hire period.

15 Specification

  • 15.1 Specification drawings, data literature and statements as to dimensions, suitability performance or other issued by the Owner in connection with the Equipment are offered in good faith but are intended to be approximate only and the Equipment is supplied subject to no conditions nor shall it carry any guarantee or warranty as to dimensions quality fitness performance or suitability.
  • 15.2 Except in any particular case in which the Owner expressly agrees in writing to the contrary the Hirer is responsible for the correct selection of the Equipment and while the Owner may supply drawings make recommendations or assistance it shall rely solely on such expertise as may be available to the Hirer from its own or other technical sources.

16 Loss or Damage to Equipment

  • 16.1 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 the Equipment for whatever reason whether as a result of theft, loss, 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 the cost of replacement of the Equipment together with all costs arising therefrom and the Owner’s Hire Charges until payment of the costs under this clause.

17 Notice of Accidents

  • 17.1 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 Office Manager at the Owner’s office, and in respect of any claim not within the Hirer’s agreement for indemnity no admission, offer, promise of payment or indemnity shall be made by the Hirer without the Owner’s consent in writing.

18 Safety Instructions

  • 18.1 The Hirer must ensure that everyone who uses the Equipment is properly instructed on how to use it safely and correctly, and that they have all the instructions that have been supplied. The Hirer must ensure the Equipment is not misused.

19 Force Majeure

  • 19.1 The Owner shall not be under any liability for any consequences and delay or failure in carrying out the contract caused by circumstances beyond its reasonable control.

20 Environment Policy

  • 20.1 The Owner has a strict Environmental Policy. It is the Hirer’s responsibility that all Equipment must be returned clean and free from waste materials, and that effluent tanks are emptied.

21 Severance

  • If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

Dainton Portable Buildings Terms & Conditions Version 3 18 August 2016

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