TERMS & CONDITIONS FOR THE HIRE AND SALE OF PRODUCTS TO CONSUMERS AND BUSINESSES
These Terms and Conditions shall apply to the hire and sale of all tools and equipment from Dermamoss Ltd, trading as London Plant Hire, the “Company”, a Private Limited Company registered in England under number 1172207.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: “Business” means any business, trade, craft, or profession carried on by the Customer or any other person/organisation; “Consumer” means a “Consumer” as defined by the Consumer Rights Act 2015, that is to say an individual who hires the Equipment for his/her personal use and for purposes wholly or mainly outside the purposes of any Business; “Customer” means the customer who is hiring the Equipment subject to these Terms and Conditions; “Deposit” means the sum payable by the Customer under Clause 3 of these Terms and Conditions and as set out in the Contract; “Equipment” means the tools or equipment supplied on hire by the Company to the Customer subject to these Terms and Conditions; “Sale Items” means any items or services sold to the Customer; “Force Majeure” means any cause that is beyond the reasonable control of the Party in question including, but not limited to: power failure; internet service provider failure; strikes, lock-outs or other industrial action suffered by the Party or its suppliers or contractors; civil unrest; fire; explosion; flood; storms; earthquakes; subsidence; acts of terrorism (threatened or actual); acts of war; governmental action; epidemic or other natural disaster; “Premises” means the Company’s premises from which the Customer will collect the Equipment and to which it will return it in accordance with Clause 5; “Price List” means the Company’s price list, current at the time of the start of the Hire term; “Hire” means the hire of the Equipment by the Customer subject to these Terms and Conditions; “Contract” means the contract entered into by the Customer and the Company incorporating these Terms and Conditions which shall govern the Hire of the Equipment or the purchase of Sale Items by the Customer; “Hire Period” means the period beginning when the Customer receives the Equipment (including weekends and Bank Holidays) and ending when the Equipment is returned into the Company’s possession; and “Charges” means the sum payable by the Customer for the Equipment over the Hire Period and any Sale Items as determined under Clause 4 of these Terms and Conditions.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to: “writing”, and any similar expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means; “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time; a Clause or paragraph is a reference to a Clause of these Terms and Conditions; and a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.3 *As the context permits or requires, “Customer” includes any individual(s) nominated by Customer to hire and use the Equipment on behalf the Customer, and the Customer shall be liable for any breach by that individual of any Customer obligations under these Terms and Conditions
1.4 *An individual signing the Contract (“signatory”) on behalf of a Customer hereby represents and warrants that the signatory has the authority of that Customer to do so, and the Company will rely on that representation and warranty. If the signatory does not have such authority, the signatory shall instead be deemed to be the Customer and personally liable as if they had signed the Contract as the Customer.
1.5 Where the Customer is hiring the Equipment as a “Consumer” as defined in Clause 1 of these Terms and Conditions, and the hire would be covered by the Consumer Credit Act 1974;
1.5.1 the duration of the Hire Period shall not exceed 3 months, after which time the Contract shall be deemed to have automatically terminated. Therefore, the hire of any Equipment is not covered by the Consumer Credit Act 1974. And;
1.5.2 any provision marked with an asterisk* may, subject to determination by the Courts or any applicable legislation, have no force or effect, and if any provision is under the applicable law of the Contract unenforceable in whole or in part or shall have no force or effect the Contract shall be deemed not to include such provisions but this shall not affect the enforceability of the remainder of the Contract.
Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a Consumer.
1.6 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.7 Words imparting the singular number shall include the plural and vice versa.
- Hire Term, Deposit, Advance Payment & Identification
2.1 The agreed Hire Period rates will be set out in the Contract.
2.1.1 If the Hire term has a fixed duration, then subject to the provisions of clause 11 neither the Customer nor the Company shall be entitled to terminate the Contract before the expiry of that period unless agreed with the other party. If the Customer wishes to extend the Hire term they may do so at any time prior to the end of the Hire term. The Customer must contact the Company to arrange such an extension. Extensions may be made for up to 28 days subject always to the existence of prior reservations made by other customers. The Company shall use all reasonable endeavours to satisfy requests for extensions but cannot guarantee the availability of the Equipment to the Customer beyond the end of the pre-existing Hire term. Otherwise;
2.1.2 If the Hire term does not have a fixed duration, whilst satisfying clause 1.5, either the Customer or the Company is entitled to terminate the Contract by the return of the Equipment to the Company.
2.2 The Customer may be required to pay a refundable Deposit to the Company at the commencement of the Hire term, prior to supply of the Equipment. The sum of the Deposit shall be set out in the Contract. An advance payment may also be required on account of the Charges.
2.3 Identification: Two suitable forms of identification are required each time you hire. One form must show your current address, e.g. Driving Licence, utility bill. Identification must belong to the person hiring the equipment.
3.1 Ownership of the Equipment remains always with the Company. The Customer has no interest, title or right in the Equipment other than they are hired to the Customer. Ownership of any Sale Items remains with the Company until paid for in full.
3.2 Until ownership of the Sale Items passes to the Customer, the Customer will: hold the Sale Items in trust as the Company’s custodian;
maintain the Sale Items in their original condition; and keep the Sale Items insured for their full cost from the time they leave the Premises.
- Fees and Payment
4.1 At the end of the Hire term the Company shall inspect the Equipment upon its return by the Customer. If the Equipment requires routine maintenance which is the result of normal wear and tear the Customer will receive the Deposit back in full. In the event that additional maintenance or cleaning is required the Company shall retain the Deposit in full or in part as appropriate and shall provide the reasons for so doing to the Customer in writing, including all relevant calculations and pricing information.
4.2 The Charges will be determined by reference to the length of the Hire Period, the type and quantity of Equipment, the Price List and any Sale Items, as set out in the Contract. Any returned Sale Items must be in an unused and resalable condition.
4.3 Payment shall be as set out in the Contract, at the commencement of the Hire term. Payment may be made by cash, credit or debit card.
4.4 For those Customers holding an approved credit account with the Company, invoices will be issued at the end of each month, with payment required in full within 30 days. For Customers who do not hold a credit account, invoices to be paid on presentation.
4.5 The Company’s prices are exclusive of VAT (unless otherwise stated), for which the Customer shall additionally be liable. Where VAT is chargeable, the VAT exclusive amount and the VAT charged on that amount will be shown separately from each other on invoices.
4.6 Hire Period charging, unless otherwise agreed in writing:
All applicable hire rates are printed on your hire contract (not all Equipment have all charging rates)
4 hours(same day only) = 0 – 4 hours; 1 day= 4 – 24 hours; 2 day = 24 – 48 hours; 3 day = 48 – 72 hours; Week = 72 hours – 7 days; thereafter extra days are charged at 1/7th of the weekly rate. All hire rates are subject to V.A.T. at the current rate. Items are charged on a time out basis and not time used. Saturdays, Sundays and Public / Bank Holidays are chargeable.
4.7 *If the Customer fails to make payment in full by the due date the Company may charge the Customer interest on the unpaid amount at the rate specified by law under the Late Payment of Commercial Debts (Interest) Act 1998 or at 4% above the base rate, whichever is higher.
- Collection, Hire and Return
5.1 The Customer may collect the Equipment from the Premises at the start of the Hire term once all payments required under Clauses 3 & 4 have been made and any insurance requirements set out in Clause 9 have been complied with. If the Company agrees to deliver Equipment to and/or collect from the Customer it will do so at a cost to the Customer as set out on the Contract.
5.2 In the event that the Company is unable to provide the Equipment at the start of the Hire term the Company will contact the Customer when the Equipment is available. The total Charges payable by the Customer shall be adjusted accordingly to reflect any non-availability of the Equipment. The Company will not be liable to the Customer where Equipment or Sale Items are unexpectedly unavailable.
5.3 At the end of the Hire term;
5.3.1 on the agreed date the Customer shall return the Equipment to the Premises at or before the time shown in the Contract, or;
5.3.2 If the Company agrees to collect the Equipment from the Customer at the end of the Hire term the Customer must give the Company a minimum of 3 working days notice. The Customer shall remain responsible and liable for any loss, damage or theft to the Equipment until collected by the Company. If the Company does not collect the Equipment within 5 working days of the Customer notifying the Company, the Company will be responsible for any loss, damage or theft thereafter.
5.4 If the Customer is late in returning the Equipment by more than 1 hour, the Company shall charge the Customer for an additional day’s hire at the normal daily rate for that Equipment. The Hire term will be extended by one day. The provisions of this sub-Clause 4.6 shall continue to apply daily until the Equipment is returned.
6.1 Adjustment may be made to the Hire term for any non-use of the Equipment due to breakdown caused by the development of an inherent fault and/or fair wear and tear, on condition that the Customer informs the Company as soon as possible, and the Company is unable to repair or replace the Equipment within 24 hours.
6.2 The Customer shall be responsible for all expenses, loss (including loss of Hire) and/or damage suffered by the Company arising from any breakdown of the Equipment due to the Customer’s negligence, misdirection and/or misuse.
- Use and Care of the Equipment
7.1 The Customer may only use the Equipment for the normal purpose for which it is intended.
7.2 Do not remove any labels from and/or interfere with the Equipment.
7.3 All Equipment must be used in accordance with any and all operation and safety instructions or similar documentation provided.
7.4 Certain items of Equipment may require specialist training prior to use. The Customer must ensure that such training is provided to those under its authority that will use the Equipment during the Hire term.
7.5 The Customer may not make any alterations or adjustments to the Equipment beyond those that are already possible within the range of adjustments specific to a given item.
7.6 The Customer may only affix or connect other items to the Equipment where such affixation does not exceed the design limitations of the Equipment and is not likely to damage it in any way.
7.7 The Customer shall at all times treat the Equipment with a reasonable level of care and shall ensure that it is kept clean, subject always to reasonable levels of wear and tear.
7.8 All Equipment which uses consumables of whatever nature must only be used with official consumables (that is, those produced or recommended by the manufacturer of that particular piece of Equipment) or such other products as authorised by the Company.
7.9 All Equipment which requires fuel or oil must only be used with the types specified by the manufacturer of that particular piece of equipment or such other type as authorised by the Company.
7.10 All electrical equipment must only be used with the voltage specific to that piece of Equipment.
7.11 The Customer is responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Equipment required by any legislation, best practice and/or operating instructions except to the extent that the Company has agreed to provide them.
8.1 The Company shall maintain the Equipment to the standards specified by the relevant manufacturers. All Equipment will be fully inspected, cleaned and (where necessary) maintained prior to each Hire.
8.2 The Customer shall not attempt to make any repairs to the Equipment without the prior written consent of the Company. When the Company is contacted in this regard it shall have the option of replacing the Equipment, repairing the Equipment itself or granting the Customer permission to make the necessary repairs. The cost of such replacement or repairs shall be borne by either the Company or the Customer, the responsibility being determined by the reasons for the replacement or repairs.
8.3 If parts require replacement during the Hire term the Company shall have the option of supplying such parts to the Customer or supplying replacement Equipment or a suitable substitute (that is, Equipment capable of performing the same tasks as that which it replaces).
8.4 Any parts and / or substitutes provided under sub-Clause 8.3 shall be replaced free of charge by the Company provided that such replacement is necessitated by nothing more than normal wear and tear. Additional damage may result in the Customer being charged for the cost of replacement parts, associated labour, and / or the cost of providing substitute Equipment.
9.1 The Company provides no standard insurance cover for the Equipment. The Customer shall have the following options:
9.1.1 For an additional premium equivalent to 10% of the Charges for Equipment, a damage waiver shall be applied under which the Company shall waive any additional costs associated with accidental damage to the Equipment which may otherwise arise under these Terms and Conditions. If damage to Equipment is found to be deliberate or due to Customer negligence (e.g. Clauses 7.8, 7.9), the cover provided under this Clause 9 shall be invalidated and the Customer shall be required to pay the full costs of repair or replacement.
9.1.2 In the case of smaller items of Equipment the Customer’s existing contents insurance may provide cover while the Equipment is on the insured property. It shall be the Customer’s responsibility to verify this with their insurers. In the case of larger items of equipment, whether covered by the Customer’s existing insurance or otherwise, the Company shall, at its discretion, require proof of insurance prior to releasing the relevant Equipment to the Customer.
9.2 The waiver provided for in sub-Clause 9.1.1 does not cover the loss or theft of the equipment. Responsibility for any such loss or theft shall lie solely with the Customer.
10.1 The Company will not be liable for any personal injury or damage to property which results from the improper use of the Equipment.
10.2 The Company shall be responsible for any foreseeable loss or damage that the Customer may suffer only as a result of the Company’s breach of these Terms and Conditions or as a result of the Company’s negligence. Loss or damage is foreseeable only if it is an obvious consequence of the Company’s breach or negligence or if it is contemplated by the Customer and the Company when the Contract is formed. The Company will not be responsible for any loss or damage that is not foreseeable.
10.3 *The Company shall not be liable in contract or tort (including negligence) by reason of any breach by it of any term of these Terms and Conditions or other express term of the Contract, or breach by the Company of any implied warranty, condition or other term, or any negligent or innocent misrepresentation, or any negligence or other duty at common law, for any: loss of use or unavailability of any Equipment; interruption to business; loss of income, revenue, business; loss of business opportunity; loss of profit or contracts; loss of anticipated savings; or any indirect, special or consequential loss, damage, costs, expenses or other claims; arising from any act or omission by the Company or any of its agents or employees or sub-contractors or any other person or entity in connection with the performance of the Company’s obligations arising under these Terms and Conditions and / or the Contract.
10.5 The Company shall have no Liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Customer’s continued use of defective Equipment after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.
10.6 The Customer shall give the Company a reasonable opportunity to remedy any matter for which the Company is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so the Company shall have no Liability to the Customer.
10.7 Nothing in these Terms and Conditions seeks to exclude or limit the Company’s liability for death or personal injury caused by its negligence (including that of its employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
10.8 Nothing in these Terms and Conditions seeks to exclude or limit the Company’s liability with respect to the Customer’s rights as a consumer. For more information on the Customer’s legal rights and remedies as a consumer, it is recommended that the Customer contacts their local Citizens Advice Bureau or Trading Standards Office.
11.1 The Company shall be entitled to terminate the Contract in the event that the Customer is in breach of these Terms and Conditions; the Customer has had their personal belongings confiscated in order to satisfy debts; or the Customer has a receiving order made against them.
11.2 In the event of termination for any of the above reasons: all payments required under the Contract shall become due and immediately payable; and
the Company shall have the immediate right to request the immediate return of the Equipment or repossess the Equipment and may charge the Customer for any reasonable costs involved in such repossession.
- Events Outside of the Company’s Control (Force Majeure)
The Company shall not be liable for any failure or delay in performing its obligations from any cause that is beyond its reasonable control.
- Other Important Terms
13.1 The Contract is between the Customer and the Company. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
13.2 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
13.3 No failure or delay by the Company in exercising any of its rights under these Terms and Conditions means that it has waived that right, and no waiver by the Company of a breach of any provision of these Terms and Conditions means that it will waive any subsequent breach of the same or any other provision.
- Governing Law and Jurisdiction
14.1 These Terms and Conditions, the Contract, and the relationship between the Customer and the Company (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.
14.2 Any dispute, controversy, proceedings or claim between the Customer and the Company relating to these Terms and Conditions, the Contract, or the relationship between the Customer and the Company (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by the Customer’s residency.