Terms & Conditions
1. DEFINITIONS AND LAW The hired item(s) specified overleaf are hereinafter referred to as the plant. Airflo Envirorental is the Owner or Bailee of the Plant and is hereinafter referred to as the Owner. The invoicee shown overleaf is hereinafter referred to as the Hirer. The law of England shall govern the rights and obligations of the parties to this contract; the construction of the same; and, so far as possible, all other matters arising out of or connected with, the making, execution and termination of the same.
2. BASIS OF CHARGING The Hirer will pay the hire charges shown overleaf which will commence from the time and at the rate(s) shown overleaf and continue during the term until the Plant is restored to the Owner in a clean and serviceable condition against the Owner’s receipt. All charges are payable on demand. All hire rates are quoted per 5 day week, Monday to Friday. Subject to the minimum charge, hire periods of 1 day are charged at 50% of the weekly rate, 2 days at 65%, 3 days at 80%, 4 days at 100% unless other rates are specifically quoted. Prices quoted do not include VAT.
3. CARRIAGE CHARGES Hire charges do not include carriage and any expenses incurred by the Owner in delivering, recovering Plant or attempting same will be paid by the Hirer. Where carriage charges are quoted by the Owner such charges will include a charge for a maximum of 30 minutes attendance by the Owner’s vehicle at the address specified by the Hirer. Further time will be paid for by the Hirer.
4. MAXIMUM PERIOD OF CONTRACT (if Hirer is not a Limited Company) If the Hirer is an individual or partnership (including an unincorporated body of persons) and not a Limited Company then the contract will terminate not later than 3 months from the commencing date. In which circumstances the Hirer shall on the eve of the last day of the said 3 months restore the Plant to the Owner. Plant not restored to the Owner will be subject to detinue charges.
5. EXTENT OF CONTRACT The contract commences when instructions have been received from the Hirer and accepted by the Owner and terminates when all parties have discharged their contractual obligations. The Plant is hired out subject to the terms overleaf and herein set out. All terms whatsoever other than those expressly set forth herein are hereby excluded.
6. RESPONSIBILITIES OF PERSON SIGNING The person signing the contract warrants that he has authority of the Hirer to make this contract on the Hirers behalf. The said person hereby indemnifies the Owner against all losses and cost that may be incurred by the Owner if this is not so. The said person hereby acknowledges that he has been instructed in the operation and use of the Plant. The said person and the Hirer hereby undertake to ensure that no one uses the Plant who is not properly instructed and shall not allow the Plant to be misused.
7. DELIVERY IN GOOD ORDER The person signing the contract, having been afforded an opportunity to inspect the Plant, the Plant is hereby deemed to be in good working order and wholly free from damage at the time of delivery.
8. RESPONSIBILITY OF HIRER – Loading and Unloading The Hirer shall be responsible for loading and unloading the Plant at the address specified by the Hirer, and likewise at the Owner’s premises when transported by the Hirer, or his agent, and any person supplied by the Owner shall be deemed to be an employee of the Hirer at such times.
9. THE HIRER’S RESPONSIBILITY The Hirer’s responsibility commences on receipt of the Plant or on delivery as requested and ends when the Hirer is in possession of the Owner’s receipt for all the Plant. The Hirer agrees that he will not sell or otherwise part with control of the Plant.
10. HIRER’S RESPONSIBILITY – Third Party The Hirer shall at all times and in all respects indemnify the Owner against and from, any and every expense, liability, loss, claim or proceeding whatsoever in respect of any personal injury whatsoever (including but without prejudice to the generality of the foregoing, injury to the Hirer (if the same is possible) and injury to any servant, employee or agent of the Hirer) and in respect of damage to any property whatsoever (including the Plant) arising out of or in connection with or consequent upon the hire, delivery, use, misuse, non-use, repossession, collection, return or non-return of the Plant or any part thereof.
11. ELECTRICAL EQUIPMENT Where the Plant comprises electrical equipment in part or in whole the same should normally be used with plugs and/or sockets as fitted but if temporarily replaced with other suitable plugs or sockets, this must be carried out by a competent person who must also reinstate to original condition. Under no circumstances should electrical Plant be used without it being correctly earthed unless it is of double insulated construction.
12. MAINTENANCE OF PLANT & BREAKDOWN PROCEDURES The Hirer shall keep himself acquainted with the state and condition of the Plant and ensure that it remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of Plant must be immediately notified to the Owner. Under no circumstances shall the Hirer repair or attempt to repair the Plant unless authorised by the Owner. Such Plant must be returned to the Owner’s premises for examination or when rectification elsewhere is requested, the Hirer agrees to pay carriage if required by the Owner.
13. REMOVAL OF PLANT Plant must not be removed from the site specified by the Hirer when the Plant was collected, without the authority of the Owner, or from any subsequently authorised site, or from the address to which the Owner delivered the Plant.
14. CONSEQUENTIAL LOSSES The Owner shall not be liable for any consequential expense, liability, loss, claim or proceeding whatsoever caused by, or, arising out of, the late delivery, non-delivery, unsuitability, or repossession of the Plant, or any part thereof or any breakdown or stoppage of same.
15. LOST, NON-RETURNED, DAMAGED OR UNCLEAN PLANT When the Plant is lost or stolen or cannot be retrieved by the Owner, the hire will be deemed to end when the Hirer pays to the Owner the Manufacturer’s recommended selling price. The Hirer agrees to pay the Owner all costs incurred by the Owner in rectifying the condition of Plant returned damaged or unclean. Hire charges will continue until such rectification is complete.
16. DETERMINATION OF HIRE The Owner shall be entitled at any time and for any reason whatsoever, without explanation, to terminate this contract (such termination to be effective immediately) and to repossess the Plant or any part thereof.
17. RIGHTS OF ACCESS The Hirer hereby authorises the Owner (upon production of this document) to enter upon any premises wherein the Owner reasonably believes any Plant, or any part thereof to be, and if, and in so far as, the Owner in his absolute discretion deems necessary, to inspect, test, repair, replace or repossess the same.
18. SEPARATE TERM VALIDITY Should any term in this contract be held to be invalid such invalidation will not affect the validity of the remaining terms.
1. All conditions are issued, goods supplied and orders accepted by Airflo Envirorental (“the Company”) subject to these conditions of sale which constitute the whole contract between the Customer and the Company.
2. The Company reserves the right to accept or reject an order in whole or in part.
3. Any provision stipulation or condition in the Customer’s order form or elsewhere which conflicts with or in any way qualifies any of these conditions shall have no effect and these Conditions shall prevail.
4. Prices shall be quoted in pounds sterling unless other currencies are stated.
5. Any quotation made by the Company shall be valid for 30 days after the expiry of which it may be altered or withdrawn.
6. Prices quoted are exclusive of VAT.
7. Payment shall be made within 30 days of the invoice date unless otherwise stated on our invoice.
8. Unless otherwise agreed in writing delivery charges and packing shall be in addition to the prices quoted.
9. Delivery shall be effected when the goods shall be handed over to the Customer, his authorised agent or any person present on the Customer’s premises who the person effecting delivery reasonably assumes to be so authorised or in the event of delivery being undertaken by an independent contractor, when the goods shall be handed over to the contractor or his authorised agent.
10. Delivery dates shall be subject to material and delivery facilities being available. Whilst every effort will be made to keep delivery dates, in the event of delayed despatch the Company shall not accept cancellation until at least 3 months have passed since the agreed date of delivery, nor shall the Company be responsible for any claims arising from delayed delivery.
11. In the event of any goods supplied by the Company being found to be defective the Manufacturer’s terms and conditions of guarantee shall apply. The Customer shall return the goods carriage paid to the Company who shall handle such faulty goods on the Manufacturer’s behalf and upon their instructions and shall in no way be held responsibly for any consequential claims.
12. Customers may return goods at the discretion of the Company within 30 days of delivery providing the goods are unused and in their original packaging and are suitable for sale. A returns handling charge of 15% of the purchase price will be charged to the Customer unless replacement goods to a value exceeding the value of the returned goods are ordered for immediate delivery. All carriage charges resulting from the return of goods will be borne by the Customer.
13. Any claims regarding quantities and/or loss and/or damage in transit shall only be considered if made within seven days from receipt of the goods or within twenty one days of the date on which the goods should have been delivered whichever is the soonest. In the case of damage in transit and on specific instructions from the Company the Customer shall return the goods securely packed in the original packing carriage paid quoting the Customer’s advice note giving the reason for return and the number and date of the Company’s invoice.
14. Risk of damage to and loss of value of the goods shall pass to the Customer on delivery. The title in the goods delivered shall not pass to the Customer until payment for the goods has been received by the Company in full and the Customer shall not pledge, charge or otherwise encumber them. The Customer shall be solely responsible for the safekeeping of goods after delivery. The Customer may sell such goods in the ordinary course of its business provided that the proceeds of sale shall belong to the Company to whom the Customer shall account on demand. The Company reserves the right in its absolute discretion at any time to revoke the Customer’s power of sale forthwith by notice in writing and shall thereupon be entitled to enter upon any premises for the purpose of removing it’s goods.
15. If the Customer is notified that any goods are due and ready for delivery and shall not thereupon accept delivery of the same the goods shall (without prejudice to any other consequences) be stored at the Customer’s risk and expense at a reasonable charge but for the purposes of determining the due dates of payment and the passing of risk the goods shall be considered to have been delivered when first tendered.
16. Each delivery shall operate as a separate contract. Should the Customer fail to pay on the due date the price of any delivery the Company shall be entitled to suspend further deliveries until payment or to treat the contract as wrongfully repudiated by the Customer without prejudice to its right of payment for any goods delivered and to damages for the Customer’s breach of contract. The Company shall be entitled to interest on any unpaid purchase price from due dates until payment at the rate of 3% over NatWest Bank plc base lending rate prevailing during each period.
17. In the event of the Customer being an individual or a firm becoming insolvent or having a receiving order made against him or being a limited company having a Receiver appointed or going into liquidation (other than for the purpose of reconstruction or amalgamation of a solvent company) the contract shall forthwith determine without prejudice to the Company’s right to payment of the price of delivered goods and any damage it might suffer in consequence of such determination and of its rights under Condition 12 hereof.
18. The rights of the Company shall not be prejudiced or restricted by any indulgence or forbearance extended to the Customer and no waiver of any breach shall operate as a waiver or any subsequent breach.
19. The Company shall not be responsible for any loss or damage or delay caused directly or indirectly by strike, lock-out war, civil commotion, force majeure or any other interference with the carrying out of an order for the supply of goods or for repairs or any other work and the cost of any repairs or replacement which may be rendered necessary by any such matters shall be borne by the Customer.
20. The Contract between the Company and the Customer shall be subject to English law and the Company and the Customer irrevocably submit to the non-exclusive jurisdiction of the English Courts.