Bentley Brown Terms of Hire


1 INTERPRETATION
1.1 In these conditions the following words have the following meanings:
“Contract” means a contract which incorporates these conditions and made between the
Customer and the Supplier for the hire of Hire Goods and/or the sale of Products;
“Customer” means the person, firm, company or other organisation hiring Hire Goods;
“Deposit” means any advance payment required by the Supplier in relation to the Hire Goods
which is to be held as security by the Supplier;
“Force Majeure” means any event outside a party’s reasonable control including but not limited
to acts of God, war, flood, fire, labour disputes, strikes, sub-contractors, lock-outs, riots, civil
commotion, malicious damage, explosion, terrorism, governmental actions and any other similar
events;
“Hire Goods” means any machine, article, tool, and/or device together with any accessories
specified in a Contract which are hired to the Customer;
“Hire Period” means the period commencing when the Customer holds the Hire Goods on hire
(including Saturdays Sundays and Bank Holidays) and ending upon the happening of any of
the following events: (i) the physical return of the Hire Goods by the Customer into the
Supplier’s possession; or (ii) the physical repossession or collection of Hire Goods by the
Supplier;
“Liability” means liability for any and all damages, claims, proceedings, actions, awards,
expenses, costs and any other losses and/or liabilities;
“Products” means the products sold to the Customer by the Supplier;
“Rental” means the Supplier’s charging rate for the hire of the Hire Goods which is current from
time to time during the Hire Period;
“Supplier” means Bentley Brown Catering Hire Ltd and will include its employees, servants,
agents and/or duly authorised representatives;
“Services” means the services and/or work (if any) to be performed by the Supplier for the
Customer in conjunction with the hire of Hire Goods including any delivery and/or collection
service for the Hire Goods.
2 BASIS OF CONTRACT
2.1 Hire Goods are hired subject to them being available for hire to the Customer at the time
required by the Customer. The Supplier will not be liable for any loss suffered by the
Customer as a result of the Hire Goods being unavailable for hire where the Hire Goods
are unavailable due to circumstances beyond the Supplier’s control.
2.2 Where hire of the Hire Goods is to a Customer who is an individual and the hire would
be covered by the Consumer Credit Act 1974 the duration of the Hire Period shall not
exceed 3 months, after which time the Contract shall be deemed to have automatically
terminated. Accordingly the hire of any Hire Goods is not covered by the Consumer
Credit Act 1974.
2.3 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. Where the
Customer is acting as a consumer any provision which is 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 effect the enforceability of the remainder of the
Contract. For further information about your statutory rights contact your local authority
Trading Standards Department or Citizens Advice Bureau or if based in the Republic of
Ireland your local office of the Director of Consumer Affairs or Citizens Information
Centre.
3 PAYMENT
3.1 The amount of any Deposit, Rental and/or charges for any Services shall be as quoted
to the Customer or otherwise as shown in the Supplier’s current price list from time to
time. Where a Deposit is required for the Hire Goods it must be paid in advance of the
Customer hiring the Hire Goods. The Supplier may also require an initial payment on
account of the Rental in advance of the Customer hiring the Hire Goods.
3.2 The Customer shall pay the Rental, charges for any Services, monies for any Products
and/or any other sums payable under the contract to the Supplier at the time and in the
manner agreed. The Supplier’s prices are, unless otherwise stated, exclusive of any
applicable VAT for which the Customer shall additionally be liable.
3.3 Payment by the Customer on time under the Contract is an essential condition of the
Contract. Payment shall not be deemed to be made until the Supplier has received
either cash or cleared funds in respect of the full amount outstanding.
3.4 *If the Customer fails to make any payment in full on the due date the Supplier may
charge the Customer interest (both before and after judgment/decree) on the amount
unpaid at the rate implied by law under the Late Payment of Commercial Debts
(Interest) Act 1998 (where applicable) or at the rate of 4% above the base rate from time
to time of the Supplier’s bank whichever is higher.
3.5 *The Customer shall pay all sums due to the Supplier under this Contract without any
set-off, deduction, counterclaim and/or any other withholding of monies.
3.6 The Supplier may set a reasonable credit limit for the Customer. The Supplier reserves
the right to terminate or suspend the Contract for hire of the Hire Goods and/or the
provision of Services if allowing it to continue would result in the Customer exceeding
its credit limit or the credit limit is already exceeded.
3.7 The Supplier reserves the right to store the Customer’s credit card details on its
password protected customer account system and further reserves the right to use such
details against future Rentals made by the Customer.
4 RISK OWNERSHIP AND INSURANCE
4.1 Risk in the Hire Goods and any Products will pass immediately to the Customer when
they leave the physical possession or control of the Supplier.
4.2 Risk in the Hire Goods will not pass back to the Supplier from the Customer until the
Hire Goods are back in the physical possession of the Supplier. This shall apply even
if the Supplier has agreed to cease charging the Rental.
4.3 Ownership of the Hire Goods remains at all times with the Supplier. The Customer has
no right, title or interest in the Hire Goods except that they are hired to the Customer.
Ownership of any Products remains with the Supplier until all monies payable to the
Supplier by the Customer for the Products have been paid in full.
4.4 The Customer must not deal with the ownership or any interest in the Hire Goods. This
includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing,
hiring, withholding, exerting any right to withhold, disposing of and/or lending. However
the Customer may re-hire the Hire Goods to a third party with the prior written consent
of the Supplier.
4.5 The Supplier may provide reasonably priced insurance in respect of the Hire Goods at
an additional cost to the Rental in accordance with Financial Services Authority
Requirements. Alternatively the Supplier may require the Customer to insure the Hire
Goods for such reasonable risks as the Supplier may specifyand any proceeds of any
such insurance shall be paid to the Supplier on demand. The Customer must not
compromise any claim in respect of the Hire Goods and/or any associated insurance
without the Supplier’s written consent.
5 DELIVERY, COLLECTION AND SERVICES
5.1 It is the responsibility of the Customer to collect the Hire Goods from the Supplier and
return them to the Supplier at the end of the Hire Period. If the Supplier agrees to
deliver or collect the Hire Goods to and/or from the Customer it will do so at its standard
delivery cost and such delivery and/or collection will form part of the Services.
5.2 If the Supplier agrees to collect the Hire Goods from the Customer at the end of the Hire
Period the Customer must give the Supplier reasonable notice which shall include at
least three (3) working days notice from the end of the Hire Period. The Customer shall
remain responsible and liable for any loss, damage or theft to the Hire Goods until the
Hire Goods are collected by the Supplier unless the Supplier fails to collect the Hire
Goods within 3 working days from the end of the Hire Period whereupon the Supplier
shall be liable for any loss, damage or theft thereafter.
5.3 Where the Supplier provides Services the persons performing the Services are servants
of the Customer and once the Customer instructs such person they are under the
direction and control of the Customer. The Customer shall be solely responsible for any
instruction, guidance and/or advice given by the Customer to any such person and for
any damage which occurs as a result of such persons following the Customer’s
instructions, guidance and/or advice except to the extent that the persons performing the
Services are negligent.
5.4 The Customer will allow and/or procure sufficient access to and from the relevant site
and procure sufficient unloading space, facilities, equipment and access to utilities for
the Supplier’s employees, sub-contractors and/or agents to allow them to carry out the
Services. The Customer will ensure that the site where the Services are to be performed
is, where necessary, cleared and prepared before the Services are due to commence.
5.5 If any Services are delayed, postponed and/or are cancelled due to the Customer failing
to comply with its obligations the Customer will be liable to pay the Supplier’s additional
standard charges from time to time for such delay, postponement and/or cancellation
except where the Customer is acting as a consumer and the delay is due to a Force
Majeure event.
5.6 Delivery and collection charges do not allow for the setting up or packing away of the
equipment unless specifically quoted for. The delivery and collection charges allow for
drop off and collection adjacent to suitable parking for the Supplier’s vehicle at the
venue. Additional costs may be charged by the Supplier where the access is poor, the
terrain is soft of uneven, where the goods need carrying to the location or where the
location is not on the ground floor. Extra charges will be incurred where
unloading/loading takes more than thirty minutes per vehicle to execute.
6 CARE OF HIRE GOODS
6.1 The Customer shall:-
6.1.1 not remove any labels from and/or interfere with the Hire Goods, their working
mechanisms or any other parts of them and shall take reasonable care of the Hire
Goods and only use them for their proper purpose in a safe and correct manner in
accordance with any operating and/or safety instructions provided or supplied to the
Customer;
6.1.2 notify the Supplier immediately after any breakdown, loss and/or damage to the Hire
Goods;
6.1.3 take adequate and proper measures to protect the Hire Goods from theft, damage
and/or other risks;
6.1.4 notify the Supplier of any change of its address and upon the Supplier’s request
provide details of the location of the Hire Goods;
6.1.5 permit the Supplier at all reasonable times and upon reasonable notice to inspect the
Hire Goods including procuring access to any property where the Hire Goods are
situated;
6.1.6 keep the Hire Goods at all times in its possession and control and not to remove the
Hire Goods from the country where the Customer is located and/or the country where
the Supplier is located without the prior written consent of the Supplier;
6.1.7 be responsible for the conduct and cost of any testing, examinations and/or checks
in relation to the Hire Goods required by any legislation, best practice and/or operating
instructions except to the extent that the Supplier has agreed to provide them as part
of any Services;
6.1.8 not do or omit to do anything which the Customer has been notified will or may be
deemed to invalidate any policy of insurance related to the Hire Goods;
6.1.9 not continue to use Hire Goods where they have been damaged and will notify the
Supplier immediately if the Hire Goods are involved in an accident resulting in
damage to the Hire Goods, other property and/or injury to any person; and
6.1.10 where the Hire Goods require fuel, oil and/or electricity ensure that the proper type
and/or voltage is used and that, where appropriate, the Hire Goods are properly
installed by a qualified and competent person.
6.1.11 ensure that any employees, agents or contractors that operate the Hire Goods are, if
applicable, adequately and sufficiently qualified and trained to operate the Hire Goods
in accordance with all current and applicable legislation.
6.2 The Hire Goods must be returned by the Customer in good working order and condition
(fair wear and tear excepted) and in a clean condition together with all insurance policies,
licences, registration and other documents relating to the Hire Goods.
7 BREAKDOWN
7.1 Allowance may be made in relation to the Rental to the Customer for any non-use of the
Hire Goods due to breakdown caused by the development of an inherent fault and/or
fair wear and tear on condition that the Customer informs the Supplier as soon as
practicable of the breakdown and the Supplier is unable to repair or replace the Hire
Goods within a reasonable time.
7.2 The Customer shall be responsible for all expenses, loss (including loss of Rental)
and/or damage suffered by the Supplier arising from any breakdown of the Hire Goods
due to the Customer’s negligence, misdirection and/or misuse of the Hire Goods.
7.3 The Supplier will at its own cost carry out all routine maintenance and repairs to the Hire
Goods during the Hire Period and all repairs which are required due to fair wear and tear
and/or an inherent fault in the Hire Goods. The Customer will be responsible for the cost
of all repairs necessary to Hire Goods during the Hire Period which arise otherwise than
as a result of fair wear and tear, an inherent fault and/or the negligence of the Supplier
while carrying out routine maintenance and/or repairs.
7.4 The Customer must not repair or attempt to repair the Hire Goods unless authorised to
do so in writing by the Supplier.

 

8 LOSS OR DAMAGE TO THE HIRE GOODS
8.1 If the Hire Goods are returned in damaged, unclean and/or defective state except where
due to fair wear and tear and/or an inherent fault in the Hire Goods the Customer shall
be liable to pay the Supplier for the cost of any repair and/or cleaning required to return
the Hire Goods to a condition fit for re-hire and to pay the Rental, in accordance with the
provisions of clause 8.3, until such repairs and/or cleaning have been completed.
8.2 The Customer will pay to the Supplier the new replacement cost for any Hire Goods less
than twelve (12) months old from first registration and/or shall pay the Supplier for any
loss or costs for any Hire Goods more than twelve (12) months old from first registration,
which are lost, stolen or damaged beyond economic repair during the Hire Period less
the amount paid to the Supplier under any policy of insurance in respect of the Hire
Goods.
8.3 The Customer shall pay the Rental for the Hire Goods up to and including the date it
notifies the Supplier that the Hire Goods have been lost, stolen and/or damaged beyond
economic repair. From that date until the Supplier has replaced such Hire Goods the
Customer shall pay, as a genuine pre-estimate of lost rental profit, a sum as liquidated
damages being equal to two thirds of the Rental that would have applied for such Hire
Goods for that period. The Supplier shall use its reasonable commercial endeavours to
purchase replacements for such Hire Goods as quickly as possible using the monies
paid under clause 8.2 above.
9 TERMINATION BY NOTICE
9.1 If the Hire Period has a fixed duration, subject to the provisions of Section 10 neither the
Customer nor the Supplier shall be entitled to terminate the Contract before the expiry
of that fixed period unless agreed with the other party.
9.2 If the Hire Period does not have a fixed duration either of the Customer or the Supplier
is entitled to terminate the Contract upon giving to the other party any agreed period of
notice.
9.2.1 if no period of notice has been agreed or specified the Customer may terminate the
Hire Period by the physical return of the Hire Goods to the Supplier.
9.2.2 if no period of notice has been agreed or specified either party shall be entitled to
terminate the hire of the Hire Goods by giving not less than 14 days’ notice to the
other.
10 DEFAULT
10.1 If the Customer:-
10.1.1 fails to make any payment to the Supplier when due without just cause;
10.1.2 breaches the terms of the Contract and, where the breach is capable of remedy, has
not remedied the breach within 14 days of receiving notice requiring the breach to be
remedied;
10.1.3 persistently breaches the terms of the Contract;
10.1.4 provides incomplete, materially inaccurate or misleading facts and/or information in
connection with the Contract;
10.1.5 pledges, charges or creates any form of security over any Hire Goods or proposes to
compound with its creditors, creates a trust deed for its creditors, applies for an interim
moratorium in respect of claims and/or proceedings, any distress/diligence, execution
or other legal process is levied on any property of the Customer, has a Bankruptcy
Petition/Petition for Sequestration presented against it or the Customer takes or
suffers any similar action in any jurisdiction;
10.1.6 being a company, ceases or threatens to cease to carry on business, enters into
voluntary or compulsory liquidation, has a receiver, administrator or administrative
receiver or in the Republic of Ireland an examiner appointed over all or any of its
assets, any attachment order/arrestment is made against the Customer, any
distress/diligence, execution or other legal process is levied on any property of the
Customer or the Customer takes or suffers any similar action in any jurisdiction;
10.1.7 appears reasonably to the Supplier due to the Customer’s credit rating to be
financially inadequate to meet its obligations under the Contract; and/or
10.1.8 appears reasonably to the Supplier to be about to suffer any of the above events;
then the Supplier shall have the right, without prejudice to any other remedies, to
exercise any or all of the rights set out in clause 10.2 below.
10.2 If any of the events set out in clause 10.1 above occurs in relation to the Customer
then:-
10.2.1 except where the Customer is acting as a consumer the Supplier may enter, without
prior notice, any premises of the Customer (or premises of third parties with their
consent) where Hire Goods and/or Products owned by the Supplier may be and
repossess any Hire Goods and/or Products;
10.2.2 the Supplier may withhold the performance of any Services and cease any Services
in progress under this and/or any other Contract with the Customer;
10.2.3 the Supplier may immediately cancel, terminate and/or suspend without Liability to
the Customer the Contract and/or any other contract with the Customer; and/or
10.2.4 *all monies owed by the Customer to the Supplier shall immediately become due and
payable.
10.3 Any repossession of the Hire Goods and/or Products shall not affect the Supplier’s right
to recover from the Customer any monies due under the Contract and/or any damages
in respect of any breach which occurred prior to repossession of the Hire Goods and/or
Products.
10.4 Upon termination of the Contract the Customer shall immediately:
10.4.1 return the Hire Goods to the Supplier or make the Hire Goods available for collection
by the Supplier as requested by the Supplier; and
10.4.2 pay to the Supplier all arrears for Rentals, Charges for any Services, monies for any
Products and/or any other sums payable under the Contract
11 LIMITATIONS OF LIABILITY
11.1 *All warranties, representations, terms, conditions and duties implied by law relating to
fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
11.2 *If the Supplier is found to be liable in respect of any loss or damage to the Customer’s
property the extent of the Supplier’s Liability will be limited to the retail cost of
replacement of the damaged property.
11.3 Any defective Hire Goods must be returned to the Supplier for inspection if requested
by the Supplier before the Supplier will have any Liability for defective Hire Goods.
11.4 *The Supplier shall have no Liability to the Customer if, without just cause, any monies
due in respect of the Hire Goods and/or the Services have not been paid in full by the
due date for payment.
11.5 The Supplier 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 Hire
Goods and/or Services after a defect has become apparent or suspected or should
reasonably have become apparent to the Customer.
11.6 The Customer shall give the Supplier a reasonable opportunity to remedy any matter for
which the Supplier is liable before the Customer incurs any costs and/or expenses in
remedying the matter itself. If the Customer does not do so the Supplier shall have no
Liability to the Customer.
11.7 *The Supplier shall have no Liability to the Customer to the extent that the Customer is
covered by any policy of insurance arranged as a result of the Contract and the
Customer shall ensure that the Customer’s insurers waive any and all rights of
subrogation they may have against the Supplier.
11.8 The Supplier shall have no Liability to the Customer for any of the following losses
(whether direct or indirect):-
11.8.1 *consequential losses (including loss of profits and/or damage to goodwill);
11.8.2 economic and/or other similar losses;
11.8.3 special damages and indirect losses; and/or
11.8.4 business interruption, loss of business, contracts and/or opportunity.
11.9 *The Supplier’s total Liability to the Customer under and/or arising in relation to any
Contract shall not exceed 5 times the amount of the Rental and charges for Services (if
any) under that Contract or the sum of £1,000 (or Euro equivalent) whichever is the
higher. To the extent that any Liability of the Supplier to the Customer would be met by
any insurance of the Supplier then the Liability of the Supplier shall be extended to the
extent that such Liability is met by such insurance.
11.10 Each of the limitations and/or exclusions in this Contract shall be deemed to be
repeated and apply as a separate provision for each of:
11.10.1 Liability for breach of contract;
11.10.2 *Liability in tort/delict (including negligence); and
11.10.3 *Liability for breach of statutory and/or common law duty;
except clause 11.9 above which shall apply once only in respect of all the said types
of Liability.
11.11 Nothing in this Contract shall exclude or limit the Liability of the Supplier for fraud,
death or personal injury due to the Supplier’s negligence, nor exclude or limit any other
type of Liability which it is not permitted to exclude or limit as a matter of law.
12 GENERAL
12.1 Upon termination of the Contract the provisions of clauses 3.2, 3.4, 3.5, 8.1, 8.2, 8.3
and Section 6 shall continue in full force and effect.
12.2 Each hire of an item of Hire Goods shall form a distinct Contract which shall be
separate to any other Contract relating to other Hire Goods.
12.3 The Customer shall be liable for the acts and/or omissions of its employees, agents,
servants and/or subcontractors as though they were its own acts and/or omissions
under this Contract.
12.4 *The Customer agrees to indemnify and keep indemnified the Supplier against any and
all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity
basis), actions and any other losses and/or liabilities suffered by the Supplier and arising
from or due to any breach of contract, any tortious/delictual act and/or omission and/or
any breach of statutory duty by the Customer.
12.5 *No waiver by the Supplier of any breach of this Contract shall be considered as a
waiver of any subsequent breach of the same provision or any other provision. If any
provision is held by any competent authority to be unenforceable in whole or in part the
validity of the other provisions of this Contract and the remainder of the affected
provision shall be unaffected and shall remain in full force and effect.
12.6 The Supplier shall have no Liability to the Customer for any delay and/or non
performance of a Contract to the extent that such delay is due to any Force Majeure
events. If the Supplier is affected by any such event then time for performance shall be
extended for a period equal to the period that such event or events delayed such
performance.
12.7 All third party rights are excluded and no third parties shall have any rights to enforce
the Contract by virtue of the Contracts (Rights of Third Parties) Act 1999. This shall not
apply to any finance company with whom the Supplier has an outstanding finance
agreement relating to the Hire Goods. Such finance company shall, subject to the
Supplier’s consent, have the right to enforce this Contract as if they were the Supplier.
This Contract is governed by and interpreted in accordance with the law of the country
where the Supplier is located and that country will have exclusive jurisdiction in relation
to this Contract.
13 CANCELLATION CHARGES
13.1 Should an order for hire goods, sale goods or services be cancelled for whatever reason
by the Customer the following charges will be payable to the Supplier:
13.1.1 If cancelled within 14 days of the commencement date of hire/supply: 50% of the
Contract price.
13.1.2 If cancelled within 48 hours of the commencement date of hire/supply: 100% of the
Contract price.
© Hire Association Europe January 2011
Reviewed with NO updates January 2012
These terms and conditions are provided for convenience only and may be used by
EHA members on condition that no liability of any nature attaches to EHA, its
employees, agents or advisers.

 


 

 

 

 

 

 

 

 

 

 No. 10 Woodbridge Meadows,
Guildford, Surrey GU1 1BA
Telephone: (01483) 506 720
Fax: (01483) 567 043
Email: info@bentleybrown.co.uk
Website: www.bentleybrown.co.uk