TERMS AND CONDITIONS
1.1 In each Contract, the following words and expressions shall, unless the context or circumstances require otherwise, have the meanings assigned to them below:
“Account” means the account in the name of the Hirer under which the Hirer can order the provision of Services;
“Additional Charges” means charges applicable to the provision of the Services which are charged in addition to the Charges including, as applicable, delivery costs, costs incurred in failed deliveries or collections, fuel, insurance charges, charges in respect of Damage Waiver and Damage Waiver Plus and any other additional costs and expenses referred to in these Terms and Conditions;
“Cancellation Date” means the date on which the Contract expires or is cancelled;
“Charges” means the charges set out in the Contract or if no charges are detailed in the Contract, CHL standard charges for the relevant Services in force from time to time;
“CHL” means Cordex Hire Limited a company registered in England and Wales with company registration number 1199338 whose registered office is at Westgate House, Faverdale, Darlington DL3 0PZ
“Commencement Date” means the earlier of the date set out in the Contract, the date of the creation of an Account, if applicable or where no such dates apply, the day on which the hire of the Equipment commences under the Contract;
“Contract” means any contract for Services between CHL and the Hirer;
“Equipment” means the items of equipment to be hired by the Hirer as listed in the Order, all substitutions, replacements or renewals of such equipment and all related accessories, manuals and instructions provided for it to be supplied as part of the Services;
“Hire Period” means the period of hire of the Equipment in respect of each Contract as set out in the Order if not cancelled earlier in accordance with the applicable Cancellation Clause;
“Hirer” means the person set out as such in the Contract;
“Order” means the individual orders for the hire of Equipment placed by the Hirer from time to time during the Term in accordance with clause 4;
“Replacement Cost” means the cost of replacing any item of Equipment or part of it including but not limited to the cost of the item or part of it, any unpaid Charges that would otherwise have been paid by the Hirer were it not for such replacement, and a reasonable administrative charge to be determined by CHL covering the cost to CHL of administering the replacement, notified to the Hirer at the point of hire;
“Services” means the hire of Equipment by CHL to the Hirer;
“Site” means the Hirer’s primary business premises unless specified otherwise in the Order or any other premises at which the Equipment is located;
“Terms and Conditions” means these terms and conditions that apply to an individual Order;
“Working Hours” are from 7.30 am to 4.30 pm Monday to Friday.
- Formation of Contract and Commencement
2.1 The placing of an Order by the Hirer and the acceptance of such Order by CHL in, shall form the basis of the Contract incorporating these Terms and Conditions. The Contract shall commence on the Commencement Date and shall continue until cancelled by either party by giving two weeks written notice of cancellation (‘Term’).
2.2 The placing of any Order and/or the acceptance of delivery of the Equipment shall be conclusive evidence of the Hirer’s acceptance of these Terms and Conditions. The Contract shall continue for the Hire Period unless terminated earlier in accordance with these terms and conditions. It is the Hirer’s responsibility to ensure that the Equipment is suitable for the Hirer’s requirements. CHL reserves the right to refuse to hire Equipment to the Hirer for any reason whatsoever at its sole discretion.
- The Equipment
3.1 The Hirer acknowledges that the Equipment remains at all times the property of CHL (or its supplier as applicable) and title and ownership shall not pass to the Hirer and the Hirer has no right, title or interest in the Equipment except that it is hired to the Hirer in accordance with these Terms and Conditions. On termination of the Contract for whatever reason, all Equipment at such time in the possession of the Hirer shall immediately become due for return to CHL. The Hirer shall immediately notify CHL of any loss, accident, damage or defect in the Equipment or if the Hirer considers that the Equipment may cause damage to the Hirer’s property.
3.2 The Hirer shall grant or shall procure that its authorised representative is granted access to the Site at all such reasonable times on CHL giving the Hirer reasonable notice to inspect the Equipment and ensure the Hirer’s compliance with its obligations under the Contract.
5.3 Where the Equipment is supplied with fuel the Hirer shall be responsible for returning the Equipment with the same or greater amount of fuel and CHL shall be entitled to charge the Hirer for any refuelling costs if the Hirer is in breach of this clause.
5.4 The Hirer shall keep the Equipment insured and in good repair and condition, save that the Hirer shall not repair or allow any third party to repair the Equipment and shall notify CHL immediately if any repair is necessary; shall where the Equipment requires fuel, oil and/or electricity, ensure that the proper type of fuel, oil and/or voltage is used; shall use the Equipment in compliance with all laws and applicable regulations including any health and safety legislation which relates to the use of the Equipment and in accordance with any operating and/or safety instructions provided to or supplied to the Hirer by CHL; shall not make any alteration to the Equipment (including defacing or covering up) CHL’ name plate or mark; shall not, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building; shall not, part with control of the Equipment (including for the purposes of repair or maintenance); is responsible for the security of the Equipment whilst in the Hirer’s possession; and will take all appropriate measures to secure the Equipment at the Site and will pay CHL for any Equipment which is lost, stolen or in CHL’ reasonable opinion or the opinion of its insurer(s), damaged beyond repair at full replacement value of such Equipment, such value to be confirmed to the Hirer by CHL. Replacement value shall be determined as the manufacturer’s retail price at the time of loss, plus all ancillary costs, including but not limited to administration costs and lost hire time costs.
5.5 CHL shall during the Hire Period ensure that the Equipment shall be of satisfactory quality, comply with any description provided by the Hirer and shall be fit for its intended purpose and on the Commencement Date, the Equipment shall comply with all applicable laws and statutory regulations; and any reasonable instructions and guidelines issued by the Hirer at the time of hire, including health, safety and security standards.
If, at any time during the Hire Period, the Hirer becomes aware of a breach of this clause 5.5 the Hirer shall give written notice of the breach to CHL as soon as reasonably possible once the Hirer has become aware of the breach and give CHL a reasonable opportunity to rectify any issues.
5.7 CHL shall not be responsible to the Hirer for any breach of clause 5 if the breach arose directly as a result of any act or omission of the Hirer; and/or the breach was caused by or contributed to as a result of the misuse, neglect, alteration, mishandling or unauthorised manipulation of the Equipment.
5.8 The Hirer shall be responsible to CHL for all costs and expenses in respect of: (i) rectifying any damage to the Equipment which occurred during the period in which the Equipment was at the Hirer’s risk in accordance with clause 6.7; and (ii) cleaning the Equipment following collection of the Equipment, in each case to return the Equipment to a condition fit for rehire. Such costs and expenses shall be confirmed to the Hirer by CHL. The Hirer will continue to pay the Charges until any repairs have been completed.
6.1 CHL shall use reasonable efforts to deliver the Equipment to the agreed delivery location during Working Hours on the date or within the period specified in the Order. Delivery will occur when the Equipment arrives at the delivery address. On delivery of the Equipment, CHL will off-load the Equipment from the delivery vehicle.
6.2 Unless otherwise agreed by the parties in writing, risk of loss, theft, damage or destruction of the Equipment shall pass to the Hirer on delivery. Risk in the Equipment will return to CHL once the Equipment is loaded onto the collection vehicle.
6.3 The Hirer shall grant or procure the grant of access to the Site to CHL to allow the collection of the Equipment and make the Equipment available for collection by CHL at the end of the Hire Period.
6.9 If CHL is unable to deliver or collect the Equipment on the dates agreed it may charge the Hirer reasonable Additional Charges.
- Charges and Payment
7.1 The Hirer shall become liable to pay the Charges and Any Additional Charges from the date of delivery. CHL will be entitled to vary the Charges and any Additional Charges at any time by giving written notice to the Hirer.
7.3 CHL may, prior to the hire of the Equipment, require the Hirer to pay a deposit at the time the Equipment is ordered (“Deposit”). The Deposit shall be a deposit against default by the Hirer of payment of any Charges or any loss of or damage to the Equipment and shall not act as a limitation of the Hirer’s liability in respect of unpaid Charges, Additional Charges, damage or loss to the Equipment or any Replacement Cost.
7.4 If the Hirer fails to make any payment of the Charges or any Replacement Cost or causes any loss or damage to the Equipment, CHL shall be entitled to apply the Deposit against such default, loss, Replacement Cost. Any Deposit sum (or balance thereof) shall be refundable at the end of the Hire Period.
7.5 Any sum payable under the Contract are exclusive of VAT.
7.6 All invoices submitted by CHL shall be paid by the Hirer within a period of fourteen (14) days after the invoice is issued. CHL shall be entitled to charge the Hirer interest at 4% per annum above the base lending rate from time to time of HSBC Bank plc from the due date until the date of payment, such interest to accrue on a daily basis.
8.1 CHL may update these Terms and Conditions from time to time, the Hirer must always check these Terms and Conditions prior to placing an Order..
8.2 The parties do not intend that these Terms and Conditions or the Contract shall be enforceable by any person other than the parties.
8.3 These Terms and Conditions and the Contract are personal to the Hirer and the Hirer shall not assign, delegate, sub-contract, transfer, charge or otherwise dispose of all or any of its rights and responsibilities under the Contract without the prior written consent of CHL.
11.4 These Terms and Conditions and the Company will be governed by English law. and the courts of England and Wales have exclusive jurisdiction in connection with these Terms and Conditions.