1. BASIS OF CONTRACT
1.1 The conditions do not affect any of your statutory rights where you are a person dealing as consumer, not for business purposes. Any section which would otherwise exclude or restrict your rights as a consumer will, to that extent have no force or effect.
1.2 These conditions shall be incorporated in all contracts and shall be the sole conditions under which the hire equipment, provision of the services and sale of the products take place. All other terms, conditions and other representations are excluded from the contracts between you and us including any terms and conditions which you may purport to apply under any contract and these terms and conditions shall prevail.
1.3 Our employees or agents are not authorised to make any representations concerning the equipment and/or products unless confirmed in writing and any advice or recommendation given by us to you as to the storage, application or use of the equipment and/or products which is not confirmed in writing is followed or acted upon entirely at your own risk.
1.4 We reserve the right to provide equipment and/or products similar or comparable to that ordered by you.
1.5 The contract shall become binding when we have acknowledged the order to you either verbally or in writing as appropriate. These conditions shall be applicable to all repeat orders made by you unless we notify you otherwise.
1.6 The equipment is hired subject to it being available for hire at the time you request it. We will not be liable for any loss suffered by you as a result of the equipment being unavailable for hire.
1.7 The contract of hire will terminate not later than the date specified in the Schedule.
1.8 You shall obtain and comply with all permissions, consents and licenses required for the equipment under any statue, regulation or bylaw,
1.9 Acceptance of equipment on site and or on collection implies acceptance of all terms and conditions herein unless otherwise previously agreed in writing.
2 PAYMENT
2.1 The amount of any deposit and charges are detailed in the order and based on our current price list.
2.2 Where a deposit is required for the equipment it must be paid for before you hire the equipment.
2.3 When a deposit has been paid by you, we may retain the whole or part for the purpose of setting off the same against any liability you may have incurred under this contract notwithstanding any other remedies we may have against you.
2.4 You shall pay the charges from the date specified in the order and will continue to pay the charges during the hire period until (i) we have given you written confirmation of off hire, (ii) you have returned the equipment to us or we have collected the equipment within a reasonable period after the confirmation date, being not less than 3 working days, and the equipment is in clean and serviceable condition and we have given you a receipt. All time during the hire period is chargeable and the charges may also be payable on Saturdays, Sundays and bank holiday Mondays (as appropriate).
2.5 If we are unable to collect the equipment for any reason whatsoever charges shall continue to be payable in accordance with the contract. Any signature provided by your employees, agents or representatives shall be deemed to be an authorised signature for and on your behalf for the purpose of the contract.
2.6 Where a credit account has been granted, payment of the charges shall be on return of the order for the equipment or purchase of the product. Otherwise payment of any charges due under this contract shall be made in full and cleared funds by the terms stated on the contract.
2.7 All charges are, unless otherwise stated, exclusive of VAT.
2.8 Prompt payment under a contract shall be of the essence. Payment shall not be deemed to be made until we have received either cash or cleared funds in respect of the full amount outstanding.
2.9 Without prejudice to any of our other rights, if you fail to make any payment in full on the due date we may charge you interest (both before and after judgement) on the amount unpaid in accordance with the late payment of Commercial debts (interest) Act 1998 as amended and supplemented by the late payment of Commercial debts Regulations 2002.
2.10 You shall pay all sums due to us under this contract without any set-off, deduction, counterclaim and/or any other withholdings of monies,
2.11 We may set a reasonable credit limit for you. We reserve the right to terminate or suspend the contract for hire of the equipment and/or the provision of services if allowing it to continue would result in you exceeding your credit limit or you have already exceeded your credit limit.
3 RISK, OWNERSHIP AND INSURANCE
3.1 Risk in the equipment and/or products will pass to you immediately when the equipment leaves our place of business on your order start date
3.2 Risk in the equipment will not pass back to us from you until the equipment is returned to our physical possession.
3.3 Ownership of the equipment remains with us at all times. You have no right, title or interest in the equipment except that it is hired to you.
3.4 Ownership of any products remains with us until all monies payable by you (or any of your associated companies) under the contract or any other contract between us and you (or any of your other associated companies) have been paid in full and cleared funds.
3.5 You must not deal with the ownership or interest in the equipment. 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.
3.6 We may provide reasonably priced insurance in respect of the equipment in addition to the charges. Alternatively, we may require to insure the equipment with a reputable insurance company on such reasonable terms and for such reasonable risks as we may specify. You shall hold the proceeds of any such insurance on the trust for us in a separate bank account and you shall pay such proceeds to us on demand.
3.7 We may provide different levels of damage waiver in relation to the equipment at an additional cost to the charges. Damage waiver will automatically apply to all cash hires. If you accept our offer of damage waiver, we shall waive accidental damage to the equipment caused by you subject to the following;
3.7.1 If you have a credit account with us, the account must not be in arrears at the time you make the claim and the charge for the damage waiver must have been paid on the due date.
3.7.2 The equipment must have been operated in accordance with its instructions and all reasonable steps must have been taken to prevent accidental damage to the equipment.
3.7.3 Neither the equipment nor any part of this shall be rehired, sub-let, or lent to any third party without the prior written permission of ourselves.
4 DELIVERY, COLLECTION AND SERVICES
4.1 You shall collect the equipment from us and return it to us at the end of the hire period. If we agree to deliver or collect the equipment to or from you. We will charge our standard delivery cost.
4.2 Where we provide the services the persons performing the services are your responsibility. You shall be solely responsible for any damage which occurs as a result of such persons following your instructions during the hire period, except to the extent that the persons performing the services are negligent.
4.3 You will allow and/or procure sufficient access to and from the relevant site and procure sufficient loading space. Facilities, equipment and access to power supplies and utilities for our employees, sub-contractors and/or agents to allow them to carry out services. You will ensure that the site where the services are to be performed is cleared and prepared before the services are due to commence.
4.4 You shall provide suitable access routes for delivery and collection of the equipment with unrestricted entry and approach and supply and lay timbers or appropriate temporary foundations in a suitable position for loading and unloading and for the equipment to rest on.
4.5 You shall pay for any lifting or special apparatus required for the sitting of the equipment.
4.6 If any services are delayed, postponed and/or cancelled due to your failure to comply with your obligations under the contract, you will be liable to pay additional standard charges for such delay, postponement and/or cancellation except where the delay is due to force majeure.
4.7 If the equipment is not made available for collection as agreed by the parties such equipment will be deemed with immediate effect to be placed back on hire. The Hirer shall be responsible for the safekeeping of the equipment and for all reasonable costs and expenses incurred us in seeking to collect the equipment
4.8 You are deemed to have knowledge of the site or the property where the equipment is to be delivered and you warrants that the condition of the site or place of delivery of the equipment is suitable for the use of such equipment
5 CARE OF EQUIPMENT
5.1 You shall;
5.1.1 Not deface or remove any labels from and/or interfere with the equipment, their working mechanisms or any other parts of them.
5.1.2 Take reasonable care of the equipment and keep them properly maintained and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided to or supplied to you; and at all times take reasonable steps to keep yourself acquainted with the state and condition of the equipment
5.1.3 Notify us immediately after any breakdown, loss and/or damage to the equipment or of any accident resulting in death, personal injury or damage to property.
5.1.4 Take adequate and proper measures to protect the equipment from theft, damage and/or other risks.
5.1.5 Not move the plant from the site to which it was delivered or consigned without prior written permission from ourselves
5.1.6 Permit us at all reasonable times to inspect the equipment including procuring access to any property where the equipment is situated,
5.1.7 Keep the equipment at all times in your possession and control and do not remove the equipment from the United Kingdom without our prior written consent.
5.1.8 Be responsible for the conduct and cost of any testing, examinations and/or checks in the relation to the equipment required by any legislation, best practice and/or operating instructions, except to the extent that we have agreed to provide them as a part of any service.
5.2 Not do or omit to do anything which will or may be deemed to invalidate any police of insurance related to the equipment.
5.3 Not to continue to use the equipment where it has been damaged.
5.4 Where the equipment requires fuel, oil and/or electricity ensure that the proper type and/or voltage is used and that, where appropriate, the equipment is properly installed by a qualified and competent person.
5.5 You must return the equipment in good working order and in the condition that you received it (fair wear and tear expected) in a clean condition together with all insurance policies, licenses, registrations and other documents relating to the equipment.
5.6 Where applicable, you acknowledge that appropriate instruction has been given to your agent/employees in the safe use of the equipment supplied and that the equipment will not be used by any untrained/unqualified or otherwise unsuitable and/or unsatisfactory personnel.
5.7 It is your responsibility to check the calibration of the equipment of each occasion before use. Final determination of the suitability of the equipment for your specific use is your responsibility and you must assume all risk and liability in this regard.
5.8 No claims will be admitted for stoppages through causes outside the owners control including but not limited to, bad weather and or ground conditions. Nor shall the owner be responsible for the cost or expense of recovering any equipment from soft or unsuitable ground, or a hazardous environment. For the avoidance of doubt, the Hirer shall be responsible for the cost and expense of recovering equipment from soft or unsuitable ground or a hazardous environment.
5.9 The hirer should not remove, deface or cover up the owners nameplate or mark on the plant indicating that it is our property, without the written permission of the owner.
6 BREAKDOWN
6.1 Allowance will be made in relation to the charges for any non-use of the equipment due to the breakdown of the equipment due to your negligence, misdirection and/or misuse of the equipment.
6.2 You shall be responsible for all expenses, loss (including loss of charges) and/or damage suffered by us arising from any breakdown of the equipment due to your negligence, misdirection and/or misuse of the equipment.
6.3 We will, at our own cost, carry out all routine maintenance and repairs to the equipment during the hire period and all repairs which are repaired due to fair wear and tear and/or an inherent fault in the equipment.
6.4 You will be responsible for the cost of all repairs necessary to equipment during the hire period.
6.5 You must not repair or attempt to repair the equipment without our prior written consent.
6.6 The changing of any tyre and repair of punctures are the responsibility of the hirer who should arrange for them to be changed/repaired. The hirer is responsible for all cost incurred in the changing or replacement of any tyre (which must be of equivalent specification) as approved by the owner and for the repair of any puncture.
7 LOSS OR DAMAGE TO THE HIRED GOODS
7.1 If the equipment is returned in damaged, unclean and/or detective state (except where due to fair wear and tear and/or an inherent fault in the equipment) you shall be liable to pay us for the cost of any repair and/or cleaning required to return the equipment to a condition fit for re-hire.
7.2 You will pay to us the replacement cost of any equipment (on a new for old basis) which is lost, stolen and/or damaged beyond economical repair during the hire period less the amount paid to us under any policy or insurance taken out under the contract.
7.3 You shall pay the charges for the equipment up to and including the date you notify us that the equipment has been stolen, lost or damaged beyond economical repair. From that date until we have replaced such equipment, you shall pay, as a genuine pre-estimate of lost charges profit, a sum as liquidated damages being equal to two thirds of the charges that would have applied for such equipment for that period. We shall use our reasonable commercial endeavours to purchase replacements for such equipment as quickly as possible using the monies paid under section 7.2
8 TERMINATION BY NOTICE
8.1 If the hire period has a fixed duration, neither party shall be entitled to terminate the contract before the expiry of that fixed period unless by agreement.
8.2 If the hire period does not have that fixed duration either party may terminate the contract upon giving to the other party and agreed period of notice.
9 CANCELLATIONS
9.1 All cancellations requests must be sent via email to finance@gofer.co.uk
9.2 All deposit payments are non-refundable and not included in the refund calculations below.
9.3 If cancellation is agreed, cancellation charges will be as follows:
9.4 Agreed cancellations received 90 days prior to commencement of the work will receive a refund of 25%. After this date no cancellations will be considered.
9.4 Any costs incurred by Gofer for any work undertaken by Gofer at the point of cancelation, in order to fulfil the client contract will be deducted from the refund total at the fully costed rate. If this rate falls above payments received, you will receive an invoice for the outstanding costs.
10 DEFAULT
10.1 If you:
10.1.1 Fail to make any payment to us when due; or
10.1.2 Breach the terms of the contract and, where the breach is capable of remedy, not remedied the breach within 14 days of receiving notice requiring the breach to be remedied.
10.1.3 Persistently breach the terms of the contract
10.1.4 Provide incomplete, materially inaccurate or misleading facts and/or information in connection with the contract.
10.1.5 Pledge, charge or create any form of security over equipment.
10.1.6 Cease or threaten to cease to carry on business;
10.1.7 Being an individual or partnership, have a bankruptcy petition presented against you or compound with or come to an arrangement with your creditors or suffer any similar action in any jurisdiction;
10.1.8 Being a company, enter into voluntary or compulsory liquidation, have an administrator or administrative receiver appointed over all or any of your assets, any attachment order is made against you, any distress, execution or other legal process is levied on any of your property or you suffer any similar action in any jurisdiction.
10.1.9 Have circumstances in which we reasonably believe that any of the events mentioned in sections 9.1.7 or 9.1.8 above is about to occur and we notify you on this belief.
10.1.10 Appear reasonably to us due to your credit rating to be financially inadequate to meet your obligations under the contract;
10.1.11 Appear reasonably to us to be about to suffer any of the above events;
10.2 Then we shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in section 10.2 below
10.2.1 If any of the events set out in section 9.1 above occurs in relation to you then:
10.2.2 We may enter, without prior notice, any of your premises ( or premises of third party with their consent.) where the equipment and/or products may be and repossess any equipment and/or products;
10.2.3 We may withhold the performance of any services and cease any services in progress under this and/or any other contract between you (and any of your Associated companies) and us (or any of our Associated companies);
10.2.4 We may immediately cancel, terminate and/or suspend without liability to you the contract and/or any other contract between you(or any of your associated companies) to us (or any of our associated companies)
10.3 Any credit period in relation to payment of the charges shall be accelerated and all sums, all monies owed by you (or any of your associated companies) to us (or any of our associated companies) under this contract or any other contract between you and us shall immediately become due and payable.
10.4 Any repossession of the equipment and/or products shall not affect our right to recover from you (or any of your associated companies) any monies due under this contract or any other contract between you and us and/or any damages in respect of and breach which occurred prior to repossession of the equipment and/or products.
10.5 Upon termination of the contract you shall immediately;
10.5.1 at your expense, return the equipment to us or make the equipment available for us to collect;
10.5.2 pay to us (or any of our associated companies), in full and cleared funds, all outstanding charges and/or any other sums payable under the contract or any other contract between us and you.
11. LIMITATION OF LIABILITY
11.1 In the case that the contract, or any part of it, is postponed, abandoned or cancelled due to circumstances beyond Gofer’s control, Gofer shall not be liable for any losses incurred by the client and Gofer shall be entitled to retain the whole or such part of all of the sums paid to us, as it, in it absolute discretion deems necessary to cover expenses incurred in connection with the provision of the contract.
11.2 In the case that the contract or any part of it, is postponed, abandoned or cancelled due to circumstances within Gofer’s control, Gofer’s liability will be limited to the sums paid to Gofer by the client.
11.3 The Exhibitor shall indemnify Gofer against all costs, charges, losses, expenses, actions, proceedings or claims arising out of any infringement of the right of any third party, or damage or injury to any property or person whatsoever occasioned directly or indirectly by the act, default or negligence of the Exhibitor or its staff or contractors.
11.4 The Exhibitor shall indemnify Gofer against any claim, losses, costs or expenses incurred whatsoever directly or indirectly.
11.5 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.
11.6 If we are found to be liable in respect of any loss or damage to your property, the extent of our liability will be limited to the retail cost of the replacement of the damaged property.
11.7 Any defective equipment and/or products must be returned to us at your expense for inspection before we have any liability for defective equipment and/or products.
11.8 We shall have no liability to you if any charges or monies due in respect of the equipment, the services and/or the products have not been paid in full and cleared funds by the due date for payment.
11.9 We shall have no liability resulting from or contributed to you by your continued use of defective equipment and/or products after a defect has become apparent or suspected and should be reasonably have become apparent to you. Or if the equipment has not been maintained by you in the way you have been instructed (i.e. checking oil and water levels)
11.10 We shall have no liability to you to the extent that you are covered by any policy of insurance arranged as a result of the contract and you shall ensure that your insurers waive and all rights of subrogation they may have against us.
11.10We shall have liability to you for any;
11.10.1 Losses whether arising from breach of contract, tort (including but not limited to negligence) otherwise, and whether flowing naturally and directly from such breach, negligence or other cause or not, for;
(a) Loss of revenue
(b) Loss of profit
(c) Loss of anticipated saving
(d) Loss of goodwill, or
(e) Loss of reputation
11.10.2 Economic and/or other similar loses
11.10.3 Special damages, indirect losses and/or consequential loses; and/or
11.10.4 Business interruption, loss of business, contracts and/or opportunity
11.10.5 Each of the limitations and/or exclusions in this contract shall be deemed to be repeated and apply as a separate provision for each other;
11.10.6 Liability for breach of contract.
11.10.7 Liability in tort (including negligence) and;
11.10.8 Liability for breach of statutory and/or common law duty; except under section 11.8 above which shall apply only once in respect of all the types of liability under section 11.9
11.11 Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence nor exclude or limit any other type of liability which is not permitted to exclude or limit as a matter of law.
12 GENERAL
12.1 Upon termination of the contract the provision of sections 3.3, 3.8, 3.9, 8.1, 8.2, 8.3 and section 6 shall continue in full force and effect.
12.2 The hiring of each piece of equipment in the relevant hire period shall form a distinct contract which shall be separate to any other contract relating to other equipment.
12.3 You shall be liable for the acts and/or omissions of you employees, agents, servants and/or sub-contractors as though they were your own acts and/or omissions under this contract.
12.4 You agree to indemnify and keep indemnified us against any liability suffered by us and arising from or due to your breach of contract, tort (including negligence) and/or any other breach of statutory duty.
12.5 No waiver by us of any breach of this contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
12.6 If any provision of this contract is held by any competent authority to be unenforceable, which 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.
12.7 We shall have no liability to you for any delay and/or non-performance of a contract to the extent that such delay is due to force majeure. If we are affected by force majeure then time for performance of our obligations under the contract shall be extended for a period equal to the period of the delayed performance.
12.8 These terms and conditions supersede and replace all prior terms and conditions, communications, representations, warranties, stipulations, undertakings and agreements whether oral or written between the parties.
12.9 All third-party rights are excluded and no third parties shall have any rights to enforce the contract.
12.10 This contract is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English court.
12.11 We have the right to vary the contract, by giving you 7 days written notice of such variation.
12.12 We reserve the right to charge the Hirer for late payment of any outstanding invoices under the Late Payment of Commercial Debts (Interest) Act 1998, or any subsequent legislation.
