Conditions of hire
All equipment remains at all times the property of 4 Hire Guernsey Limited (“the Owner”). The Hirer shall without prejudice to Conditions 2 and 10 at all times use his best endeavours to assist the Owner to resume possession thereof whether during the hiring if the Hirer has lost or relinquished possession of the equipment or at the end of the hiring if it is not then returned to the Owner.
The Hirer shall not he entitled to assign the contract or without the written consent of the Owner to rehire or part with possession of any of the equipment.
The Owner shall not except in connection with any negligence of the Owner be liable to the Hirer for the death of or any injury to the Hirer or damage to his property caused by or arising out of the use of the equipment. The Hirer shall (if he is not dealing as consumer within the meaning of the Unfair Contract Terms Act 1977) indemnify the Owner in respect of all actions proceeding claims and demands brought by any other person for death of or injury to persons (other than death or injury due to any negligence of the Owner) or damage to property caused by or arising out of the use of the equipment whether arising under statute or common laws and all costs and charges in connection therewith.
The Hirer shall on demand by the Owner pay an additional deposit of not less than the hire charges for any period of the hiring not covered by any advance or previously paid additional deposits. Any deposit or deposits paid by the Hirer shall be refunded if all hire and other charges have been paid and the equipment has on inspection by the Owner after it has been returned been found by the Owner to have been returned in clean and good condition.
The hiring shall be deemed to continue until the equipment has been re-delivered by the Hirer to the Owner or the expiration of any notice to collect duly given under Condition 10 or the payment of any sum charged under Condition 8.
The Hirer shall without prejudice to any other right or remedy of the Owner pay a charge equal to the cost of cleaning repairing reconditioning or replacing as the Owner considers necessary any of the equipment or any part of it not returned in clean and good condition at the end of the hiring. Any such charge for replacing any equipment shall equal the Owner’s Replacement List price of the equipment current at the end of the hiring.
When the hired equipment insurance option is taken by the hirer, and any repair, reconditioning or replacement is required under condition 6 the hirer shall complete the required claim forms and pay the standard policy excess fee, conditional to the hirer satisfying the owner:
(1) the equipment was damaged while it was in the possession of the Hirer; and
(2) the damage occurred accidentally while the equipment was being properly and responsibly used.
If the Hirer fails after reasonable notice from the Owner to produce any equipment for inspection during the hiring or if any equipment is not returned at the end of the hiring the Owner may without prejudice to any other right or remedy of the Owner by notice in writing to the Hirer treat the equipment as having been lost whereupon the Owner may charge the Hirer with a sum equal to the Owner’s Replacement List price of the equipment current at the date of such notice in writing and any sum so charged shall be paid by the Hirer. If any equipment after being so treated as lost is subsequently returned to the Owner the Hirer shall be credited with or repaid any sum so paid by him and the Hirer shall pay hire charges for the same from the time such sum was paid by the Hirer until its return.
The hiring may subject to Condition 5 and without prejudice to any other right or remedy of the Owner be ended forthwith by the Owner giving notice in writing at any time to the Hirer if the Hirer has failed to pay any charges due or to comply with any other obligation on the Hirer’s part.
The Hirer must give the owner at least 24 hours’ notice in writing if the Hirer wishes the equipment to be collected and in the absence of such notice the Hirer shall re-deliver the equipment to the owner at the end of hiring,. When equipment is to be collected by the Owner the Hirer shall remain responsible for the safekeeping of the equipment until it is collected by the Owner. Any plant return note issued by the Owner at or after the end of the hiring shall not be evidence of the condition of any equipment described in it.
When the Owner delivers or collects the equipment or properly attempts to do so but fails due to the fault of the Hirer the Hirer shall pay a delivery or collection charge. Any such charge shall be at the Owner’s standard transport rate applicable at the date of delivery or collection or attempted delivery or collection as the case may be.
When the equipment is delivered by the Owner the Hirer shall inspect it and sign and return the Owner’s delivery note. In the event of any shortage or damage the Hirer shall endorse the note accordingly and also notify the owner in writing of the same as soon as practicable. If the Hirer (if he is not dealing as consumer as aforesaid) fails to perform any of his obligations under this Condition any equipment delivered by the Owner to the address specified for delivery by the Hirer shall be deemed to have been delivered to the Hirer in clean and good condition.
The contract is subject to the availability of the equipment at the time it is due to be delivered to or collected by the Hirer except when unavailability is caused by any negligence of the Owner. The Owner shall not be responsible for any loss to the Hirer whether direct or indirect arising from any late delivery or (if the Hirer is not dealing as consumer aforesaid) any breakdown during the hiring of the equipment from any cause beyond the Owner’s control. Subject to Condition 3 the Owner shall not be responsible for any damage or loss caused to the Hirer by any hidden defect in the equipment which no reasonable amount of care on the Owner’s part could have discovered.
The Hirer shall provide access to the Owner at any place where the equipment may be for inspecting it during or repossessing it after the end of hiring.
If the Hirer requests the Owner to cancel the contract before the equipment is delivered to or collected by the Hirer, the Owner may accept such request subject to the Hirer paying 20% of the hire charges which would have been payable if the contract has not been cancelled.
If the person signing the contract is not the Hirer he warrants that he has the authority of the Hirer to enter into this contract on the Hirer’s behalf and shall without prejudice to any claim of the Owner against the Hirer indemnify the Owner against any claim made by the Hirer in respect of any loss or damage suffered by the Hirer as a result of any breach of such warranty except any loss or damage caused by the negligence of the Owner.
No variation of these Conditions of Hire and no conditions in any order or acceptance of the Hirer shall be effective unless agreed to in writing by the Owner.
Notwithstanding any other provisions of this contract if the Hirer is not a body corporate then the hiring will end not later than the expiration of 3 months from the date of the contract.
The Hirer undertakes to comply with any safety instructions for the equipment made available by the Owner.
Conditions of sale available on request.
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