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Terms and Conditions
1. Interpretation 1.1 In these conditions the following words have the following meanings: Contract Contract means a contract which incorporates these conditions made between the Customer and the Supplier for the hire of Hire Goods and/or the sale of Products; Customer Customer means the person, firm, company or other organisation hiring Hire Goods and/or purchasing Products from the Supplier; Deposit 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 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 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 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 Liability means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities; Products Products means the products agreed in the Contract to be sold to the Customer by the Supplier; Rental 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 Supplier means Markham (Sheffield) Ltd and will include its employees, servants, agents and/or duly authorised representatives; Services 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 These conditions shall apply to and be incorporated into the Contract and prevail over any inconsistent terms or conditions contained, or referred to, in the Customer’s purchase order, confirmation of order, acceptance of a quotation, or specification or other document supplied by the Customer, or implied by law, trade custom, practice or course of dealing. 2.2 The Customer’s purchase order, or the Customer’s acceptance of a quotation for Services or for the sale of Products or for the hire of Hire Goods by the Supplier, constitutes an offer by the Customer to purchase the Services, purchase the Products or hire the Hire Goods specified in it on these conditions. No offer placed by the Customer shall be accepted by the Supplier other than: 2.2.1 by a written acknowledgement issued and executed by the Supplier; or 2.2.2 (if earlier) by the Supplier starting to provide the Products, the Hire Goods and/or Services, when a contract on these conditions will be established. 2.3 Quotations are given by the Supplier on the basis that no Contract shall come into existence except in accordance with condition 2.2. Any quotation is valid for a period of 30 days from its date, provided that the Supplier has not previously withdrawn it. 2.4 The Customer acknowledges that it has not relied on any statement, promise or representation made or given on behalf of the Supplier which is not set out in the Contract. 2.5 Any Services supplied under the Contract shall be provided by the Supplier to the Customer from the date set out in the Contract, or if no date is specified, the date of acceptance by the Supplier of the Customer’s offer in accordance with condition 2.2. 2.6 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. 2.7 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. 2.8 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, have no force or effect. 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, charges for any Products and/or charges for any Services which shall be due to the Supplier by the Customer 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 parties agree that the Supplier may review and increase its charges for reasons including but not limited to, increases in the minimum wage, additional employment liabilities or other liabilities imposed on the Supplier by legislation or case law. 3.3 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 set out in the Contract or otherwise agreed. The Supplier’s prices are, unless otherwise stated, exclusive of any applicable VAT for which the Customer shall additionally be liable. 3.4 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. 3.5 *If the Customer fails to make any payment in full on the due date the Supplier may suspend delivery of Products, recover any Hire Goods and 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 6% above the base rate from time to time of the Supplier’s bank whichever is higher. 3.6 *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. 3.7 All sums payable to the Supplier under the Contract shall become due immediately on its termination, despite any other provision. This condition is without prejudice to any right to claim for interest under the law, or any such right under the Contract. 3.8 The Supplier may, in addition to any other rights it may have, set off any liability of the Customer to the Supplier against any liability of the Supplier to the Customer. 3.9 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. 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. 4.4 Ownership of any Products remains with the Supplier until all monies payable to the Supplier by the Customer for the Products and all other sums due to the Supplier from the Customer on any account have been paid in full, in cash or cleared funds. 4.5 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. 4.6 Until ownership of the Products has passed to the Customer, the Customer shall: 4.6.1 hold the Products on a fiduciary basis as the Supplier’s bailee; 4.6.2 store the Products (at no cost to the Suppliers) separately from all other goods of the Customer or any third party in such a way that they remain readily identifiable as the Supplier’s property; 4.6.3 not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; and 4.6.4 maintain the Products in satisfactory condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request the Customer shall produce the policy of insurance to the Supplier. 4.7 The Customer’s right to possession of the Products and/or the Hire of the Goods shall terminate immediately if the Customer: 4.7.1 has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Customer or notice of intention to appoint an administrator is given by the Customer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer; or 4.7.2 suffers or allows any execution, legal or equitable, to be levied on his/its property or obtained against him/it, fails to observe or perform any of his/its obligations under the Contract or any other contract between the Supplier and the Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade; or 4.7.3 the Customer encumbers or in any way charges any of the Products. 4.8 The Supplier shall be entitled to recover payment for the Products notwithstanding that ownership of any of the Products has not passed from the Supplier. 4.9 The Customer grants the Supplier, its agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where the Customer’s right to possession has terminated, to recover them. 4.10 The Supplier may provide reasonably priced insurance in respect of the Hire Goods at an additional cost to the Rental. Alternatively the Supplier may require the Customer to insure the Hire Goods on such reasonable terms and for such reasonable risks as the Supplier may specify. The proceeds of any such insurance that relate directly to the Hire Goods shall be held by the Customer in trust for the Supplier and 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.
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