C&O HOLDINGS LTD
HIRE, LOAN, DEMONSTRATION, ALWAYS RUNNING AGREEMENT
TERMS & CONDITIONS
MACHINE HIRE, LOAN AND DEMONSTRATION TERMS AND CONDITIONS
These Terms and Conditions shall apply:
A. to the hire of all plant (“the Equipment”) from C&O Holdings Ltd, which includes any of its subsidary companies, a Private Limited Company registered in England under number 06639657, whose registered address is Blandford Heights, Blandford Forum, Dorset, DT11 7TF and whose main trading address is Pond House, Blandford Heights Ind Est, Blandford Forum, DT11 7TF (“the Company”).
B. where the Customer is hiring the Equipment for the purposes of a Business and not as a “Consumer”, as defined in Clause 1 of these Terms and Conditions.
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 (as that meaning is extended by sub-Clauses 1.2.5 and 0 below);
“Customer Location” means the location agreed at the start of the Hire Term for the delivery and subsequent collection of any Equipment to and from the Customer by the Company in accordance with Clause 6 of these Terms and Conditions;
“Deposit” means the sum payable by the Customer under Clause 4 of these Terms and Conditions and as set out in the Hire Agreement;
“Equipment” means the plant supplied on hire by the Company to the Customer subject to these Terms and Conditions;
“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 may collect certain Equipment and to which it will return it in accordance with Clause 6 of these Terms and Conditions;
“Price List” means the Company’s price list, current at the time of the start of the Hire Term;
“Hire” means the hire, loan and demonstration of the Equipment by the Customer subject to these Terms and Conditions;
“Hire Agreement” means the agreement in writing comprising the key terms entered into by the Customer and the Company incorporating these Terms and Conditions which shall govern the Hire of the Equipment; and
“Hire Fees” means the VAT inclusive sum payable by the Customer for the Hire as determined under Clause 5 of these Terms and Conditions.
“Hire Term” The agreed term of the Hire as set out in the Hire Agreement
1.2 Unless the context otherwise requires, each reference in these Terms & Conditions to:
i. “writing”, and any similar expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.1 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.2 “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;
1.2.3 a Clause or paragraph is a reference to a Clause of these Terms and Conditions; and
1.2.4 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.2.5 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.
An individual signing the Hire Agreement (“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 s/he had signed the Hire Agreement as the Customer.
1.3 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.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
2. Information About The Company
2.1 VAT number GB 256 6867 55.
3. Hire Term
3.1 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 30 days subject always to the existence of prior reservations made by other customers. The Company shall use its best & 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.
3.2 The Company reserves the right to recall the Equipment immediately at any time. In the event that the Company exercises this right the Customer will be reimbursed for any and all days remaining in the Hire Term or will be issued immediately with replacement Equipment of the same type or of the closest type thereto at no additional cost. If the Equipment is not returned to the Company on request the Customer shall be deemed to have authorised the Company to enter its premises and use any means necessary to recover the Equipment. The Customer shall be charged for any costs associated with such recovery.
4.1 The Customer shall be required to pay a refundable Deposit to the Company at the commencement of the Hire Term, prior to delivery of the Equipment. The sum of the Deposit shall be set out in the Hire Agreement.
4.2 At the end of the Hire Term the Company shall fully inspect the Equipment upon its return by the Customer or collection by the Company. The equipment must be returned clean and in full working order. If any cleaning, repairs and / or maintenance is required the Company shall retain the Deposit in full or in part as appropriate and shall provide the reasons for such retention to the Customer in writing, including all relevant calculations and pricing information.
4.3 Any manufacturer’s telemetry fitted to the Equipment must be active for the diagnostic and servicing visibility by the Company.
5. Fees and Payment
5.1 The Hire Fees will be determined by reference to the length of the Hire Term, the type and quantity of Equipment, the Price List and any additional items which may be included in the Hire, as set out in the Hire Agreement.
5.2 Payment of Hire Fees shall be made in part or in full, as set out in the Hire Agreement, at the commencement of the Hire Term. Payment should be made by bank transfer in the first instance and then by standing order for any future payments of the hire.
5.3 All Hire Fee payments to be made in part will take the form of regular payments. The Company will invoice the Customer weekly, monthly or annually as agreed. After deposit and initial hire fee has been received all future payments by Standing Order will receive individual invoices in line with each payment received.
5.4 Where VAT is chargeable for a Hire, the VAT inclusive amount of the Hire Fees will be shown in any quote or Price List, and in addition the VAT exclusive amount and the VAT charged on that amount will be shown separately from each other in bills, invoices, quotes and the Price List.
6. Collection, Delivery, Hire and Return
6.1 The Customer may collect certain items of Equipment from the Premises at the start of the Hire Term. The Customer may only collect the Equipment once all payments required under Clause 5 have been made and any insurance requirements set out in Clause 10 have been complied with.
6.2 The Company shall use all reasonable endeavours to ensure that the Equipment is ready for collection at the start of the Hire Term but shall not be liable for any lack of availability.
6.3 Certain items of Equipment may require delivery by the Company. Such delivery shall be made to the Customer Location at an agreed time. The Company shall use all reasonable endeavours to ensure that delivery is made on time but shall not be liable for any failure to do so.
6.4 The Customer must be available or it must make an authorised representative of the Customer available at the Customer Location at the time of delivery in order to sign for the Equipment. If the Customer fails to comply with the provisions of this sub-Clause 6.4 it shall be deemed to have accepted delivery of the Equipment, assumed responsibility therefore and shall not have the right to subsequently dispute the facts of the delivery.
6.5 If the Company is unable to provide the Equipment at the start of the Hire Term the Company shall deliver the Equipment to the Customer at the earliest possible date at the expense of the Company or the Company will contact the Customer when the Equipment is available for collection, as appropriate. The total Hire Fees payable by the Customer shall be adjusted accordingly to reflect the non-availability of the Equipment.
6.6 At the end of the Hire Term, on the agreed date the Customer shall either return the Equipment to the Premises at or before the time shown in the Hire Agreement or shall ensure that the Equipment is ready for collection at the Customer Location as agreed by both parties, as appropriate.
6.7 If the Customer is late in returning the Equipment by more than 4 hours 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 6.7 shall continue to apply daily until the Equipment is returned.
6.8 The following clauses set out the conditions which apply to the condition of the Equipment on its return.
ii. The Equipment shall be in good condition and appearance, with no obvious damage or deficiencies to any part of the body, fittings, accessories, attachments or structure. The Equipment shall operate properly and be capable of properly undertaking the functions for which they were originally intended.
6.8.1 All scheduled maintenance to be carried out by the Company has been done. Any damage or mechanical defect should be repaired before the expiry of the hire. All service and maintenance records must be kept safely as we require them to be returned with the Equipment on the termination of this agreement for any reason whatsoever.
6.8.2 The general appearance of the Equipment shall be in keeping with the Equipment having received regular cleaning and care.
6.8.3 All original items must be refitted and should be in satisfactory working order and match the check-out sheet supplied at the start of the hire. Holes created by the installation of telephones, two-way radios or other equipment must be made good to a professional standard. Telephone or other aerials must either be left in place or the hole repaired prior to the return of the Equipment.
6.8.4 Any body damage which would normally be repaired under the terms of a comprehensive insurance policy should be professionally rectified.
6.8.5 Scuffing and scores of the rubbing stops, bumper sections and bull bars of a type which the protective components are designed to absorb are acceptable, providing that the component is not badly disfigured or broken.
6.8.6 The Equipment must operate to the manufacturer’s specification with no oil leaks or excessive smoke, and there must be no ingress of water into the lubrication, hydraulic or cooling systems. All transmissions, clutches and drive axles must function properly with no slipping or grabbing.
6.8.7 The brakes must operate properly to the manufacturer’s specifications. There must be no evidence of poorly performing brakes due to misuse of the Equipment.
6.8.8 The radiator and cooling system must be free from leaks, punctures or holes and be capable of sustaining the Equipment within their normal temperature range.
6.8.9 Starter batteries must be operative and sound by industry standards being free from corrosion and filled with electrolyte solution.
6.8.10 All hydraulic cylinders must be in working order and free from leaks, corrosion, scoring and not bent and should operate to manufacturers specification as to pressure and reach. All hydraulic motors must function properly. Hoses and connections should be free from leaks and damage.
6.8.11 All cab, mirror and lens glasses which are broken, cracked or missing must be replaced. All service and road lights must be complete and in full operating order. Gauges, controls, and switches must be present and functional. Damaged glass coverings must be replaced.
7. 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 All Equipment must be used in accordance with any and all operation and safety instructions or similar documentation provided.
7.3 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.
7.4 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.
7.5 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.
7.6 All Equipment which uses accessories or consumables of whatever nature must only be used with official accessories or 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.
7.7 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.
7.8 All electrical equipment must only be used with the voltage specific to that piece of Equipment.
7.9 All Equipment must be stored in a safe and secure location and shall, where appropriate, be locked and secured at all times when not in use.
8.1 The Equipment will be covered by a manufacturer’s warranty (“the Warranty”) or by the Dealer.
9. Maintenance, servicing and repairs
9.1 Daily/Weekly maintenance
iii. The Customer is responsible for ensuring that:
22.214.171.124 all regular maintenance work necessary to comply with the manufacturer’s Operator’s Handbook of the Equipment is carried out;
126.96.36.199 coolant and other fluid levels are checked frequently and all levels are maintained correctly;
188.8.131.52 bulbs, fuses and other miscellaneous items are replaced as required;
184.108.40.206 all nuts, unions and other fastenings including, but not limited, to wheel nuts, are checked regularly and maintained at the correct torque settings;
220.127.116.11 all routine greasing and lubrication requirements are carried out.
iv. The Customer is responsible for repair and replacement of tyres on the Equipment as required during the term of Hire;
9.2.1 The Customer shall return the Equipment with not less than 25% of the maximum tread depth present on all tyres and with no material defects being present on any tyre;
9.2.2 Should the Equipment be returned with less than 25% of the maximum tread depth on any tyre, the Company will, at the expense of the Customer, replace the tyre(s) with new.
9.2.3 The Company shall undertake all planned maintenance of the Equipment to the standards specified by the relevant manufacturers. Only official parts (that is, those produced or recommended by the manufacturer of that particular piece of Equipment) shall be used for maintenance. Service costs may be charged to the Customer depending on the hire and as agreed at the start of the hire. All Equipment will be fully inspected, cleaned and (where necessary) maintained prior to each Hire.
Repairs – general
9.2.4 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, either by recalling the Equipment to its Premises or dispatching its own personnel to the Customer Location, 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 reasons for the replacement or repairs.
9.2.5 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).
9.2.6 Any parts and/or substitutes provided under sub-Clause 9.2.10 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.
Repairs under the Warranty.
9.2.7 Any repairs which are, or are likely to be, covered by the Warranty must be notified to the Company as soon as reasonably practicable.
9.2.8 The Company will at its discretion either undertake Warranty work directly or arrange for a third party to undertake the work
9.2.9 Equipment must not be returned with unreported Warranty work outstanding. Any such unreported warranty work will be charged to the Customer as a normal repair.
Repairs other than under the Warranty
9.2.10 The Customer shall be responsible for any repairs to the Equipment which are not covered by the Warranty.
9.2.11 The Customer shall ensure that all such work is carried out by the Company, or by a competent third party to a satisfactory standard if agreed between the parties.
9.2.12 The Customer hereby indemnifies the Company against any losses suffered as a result of the Warranty being invalidated by the manufacturer due to work carried out by or for the Customer pursuant to clause 9.2.10.
10.1 The Company provides no insurance cover for the Equipment. The Customer shall therefore be required to arrange for fully comprehensive insurance cover for the duration of the Hire Term (“the Insurance Policy”), and the interest of the Company is noted on the policy.
10.2 The Company shall require proof that the Insurance Policy with the Company’s interest noted is in place prior to releasing the Equipment to the Customer.
10.3 If any event occurs for which an insurance claim may be made either by the Customer or a third party, the Customer shall immediately inform the Company and shall not admit any liability without the prior consent of the Company. Such notification and consent shall be made using the most immediate means possible (usually telephone contact) and subsequently verified in writing.
10.4 The Customer shall not do anything which might vitiate the Insurance Policy and shall indemnify the Company against all losses which result from the Insurance Policy being vitiated as a result of the conduct, whether by action or omission, of the Customer.
11. Theft of Equipment
If any of the Equipment is stolen the Customer must promptly inform the police of the incident, providing all details requested. The Customer must then inform the Company, providing all details of the incident including information provided by the police including, where relevant, the crime reference number.
12. Liability and Indemnity
12.1 The Company will not be liable to the Customer for any failure or delay in performing the Company’s obligations where such failure or delay results from Force Majeure;
12.2 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 Hire Agreement, 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:
v. loss of use or unavailability of any Equipment;
12.2.1 interruption to business;
12.2.2 loss of income, revenue, business;
12.2.3 loss of business opportunity;
12.2.4 loss of profit or contracts;
12.2.5 loss of anticipated savings; or
12.2.6 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 the Hire Agreement.
12.3 The Company will not be liable for any personal injury or damage to property which results from the improper use of the Equipment.
12.4 Nothing in these Terms and Conditions is intended to or will 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.
12.5 Without prejudice to any of the above provisions of this Clause 12, the Company’s total liability under these Terms and Conditions shall be limited to the value of the Hire Agreement, that is, the total Hire Fees payable by the Customer.
13. Data Protection
13.1 All personal information that the Company may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the Customer’s rights under the GDPR.
13.2 For complete details of the Company’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Customer’s rights and how to exercise them, and personal data sharing (where applicable), please refer to the Company’s Privacy Notice available from the Company’s main trading address.
14.1 Where the Customer is an individual, the Company shall be entitled to terminate the Hire Agreement in the event that the:
vi. Customer is in breach of these Terms and Conditions;
14.1.1 Customer has had their personal belongings confiscated in order to satisfy debts; or
14.1.2 Customer has a receiving order made against them.
14.2 Where the Customer is a company, the Company shall be entitled to terminate the Hire Agreement in the event that:
14.2.1 the Customer is in breach of these Terms and Conditions;
14.2.2 the Customer goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
14.3 In the event of termination for any of the above reasons:
14.3.1 all payments required under the Hire Agreement shall become due and immediately payable; and
14.3.2 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.
15. Communication and Contact Details
The Customer may contact the Company in person at:
Pond House, Blandford Heights Ind Est, Blandford Forum, DT11 7TF.
The Company may contact the Customer in person at any of their places of work or at their home, or at any other address notified to the Company in writing.
16. Complaints and Feedback
16.1 The Company always welcomes feedback from its customers and, whilst the Company always uses all reasonable endeavours to ensure that its customers’ experience is a positive one, the Company nevertheless welcomes the opportunity to resolve any complaints.
16.2 If the Customer wishes to complain about any aspect of its dealings with the Company, including, but not limited to, these Terms and Conditions, the Hire Agreement, or the Equipment, please contact the Company in one of the following ways:
vii. In writing, addressed to Pond House, Blandford Heights, Blandford, DT11 7TF;
16.2.1 By email, addressed to [email protected]
16.2.2 By telephone on 01258 451221 and asking for the Managing Director’s PA.
17. Entire Agreement
17.1 The documents comprising the Hire Agreement, these Terms and Conditions and any other documents expressly incorporated into the Hire Agreement, contain the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.
17.2 Each Party acknowledges that, in entering into the Hire Agreement, neither Party gives any warranty or relies on any representation, warranty or other provision except as expressly provided in the documents comprising the Hire Agreement.
18. Other Important Terms
18.1 The Company may transfer (assign) its obligations and rights under these Terms and Conditions (and under the Hire Agreement, as applicable) to a third party (this may happen, for example, if the Company sells its business). If this occurs the Customer will be informed by the Company. The Customer’s rights under these Terms and Conditions will not be affected and the Company’s obligations under these Terms will be transferred to the third party who will remain bound by them.
18.2 The Customer may not transfer (assign) their obligations and rights under these Terms and Conditions (and under the Hire Agreement, as applicable) without the Company’s express written permission.
18.3 The Hire Agreement 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.
18.4 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.
18.5 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.
19. Governing Law and Jurisdiction
19.1 These Terms and Conditions, the Hire Agreement, and the relationship between the Customer and the Company (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.
19.2 Any dispute, controversy, proceedings or claim between the Customer and the Company relating to these Terms and Conditions, the Hire Agreement, or the relationship between the Customer and the Company (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the English Court.