Terms and Conditions of Hire
1. In these Conditions
'Fencing' means the temporary fence panels and fixtures and fittings or other equipment let on hire
'The - Company' means Safe Site Facilities Limited
'The Hirer' means the customer who contracts for the hire of fencing.
'Period of Hire' means in relation to any item of fencing the time between the date on which the Company hands over or
dispatches that item to the Hirer and the date on which the Company receives back or collects that item.
2. All Hire Only contracts are made upon these Conditions and in contracting with the Company the Hirer accepts these
Conditions to the exclusion of any Conditions of the Hirer however expressed or whenever contained.
3. This Contract may be varied by any terms or Conditions agreed in writing between the parties provided that any variation
is signed by each of the parties and is expressed to be a variation.
4. The period in respect of which hire charges will be charged for each item of Fencing shall be the Period of Hire. The date of
dispatch and the date of delivery shall both be charged as whole days.
5. The Fencing hire will be subject to a minimum hire charge which shall be the charge for the minimum hire period for such
fencing as specified In the Company's price list.
6. Prices stated In the Quotation are the prices applicable at the date of quotation. Prices may be increased at any time up to
acceptance of the Quotation. After acceptance the Company may Increase any price on 28 days notice in writing to the Hirer
provided that no price shall be increased to a sum in excess of the Company's price in force at the date when the increase is
to take effect.
7. An approved Credit Account may be opened at the Company's discretion, after a hirer furnishes two trade references and
one banker's reference. The Company reserves the right to refuse credit facilities or by written notice to the Hirer to withdraw
or reduce any further credit facilities.
8. If the hirer wishes to change the status of the account to any other legal identity than the one accepted by the company such a
change will only take effect if specifically authorised in writing by a Director of the company. The change of salutation to any
paperwork including but not limited to invoices and delivery notes is specifically not an indication the Company has accepted
any change in the contractual relationship with the hirer.
9. Payment of the Company's hire charges shall be made by a hirer with an approved credit account not later than 30 days after
the date of each invoice. If any sum remains unpaid after the due date the payment of all hire charges, no matter how recent,
shall become due immediately. Invoices will be presented at regular intervals during the Period of Hire. Punctual payment of
each invoice shall be of the essence.
10. Where a hirer does not have an approved Credit Account
i. Before the Period of Hire begins he shall pay the minimum hire charge prescribed by Condition 5 for the
minimum hire period.
ii. If the Period of Hire extends beyond the minimum hire period he shall pay in advance, for each further period equal to the
minimum hire period, the hire charges for such further period.
iii. Before the period of hire begins he shall also pay a deposit of one third of the value of the Fencing to be hired, such value
to be calculated in accordance with the Company's list price current at the time. Such deposit will be held as a security
against the return in good order of the Fencing hired and the payment of all sums due. If the hirer returns the hired Fencing
in good order at the end of the Period of Hire and has paid all hire charges and interest due, the deposit will be returned.
11. The Company reserves the right to charge interest at the rate of two and a half per cent per month on a daily basis on all
sums outstanding after the date for due payment This entitlement to interest shall be without prejudice to the Company's
right to terminate the hire by reason of non- payment Interest shall continue to accrue after such termination until payment of
such overdue amount.
12. The Company may at its sole discretion and subject to availability and at the request of the Hirer, add, subtract or substitute
to the equipment or let on hire without creating a modifying agreement within the meaning of the Consumer Credit Act 1974.
13. Each price or rate of hire quoted by the Company to the Hirer shall be exclusive of Value Added Tax unless Value Added
Tax is expressed in writing to be included. Without prejudice to the foregoing, the expression 'net' or 'nett' in any quotation
or price shall mean exclusive of Value Added Tax.
14. If delivery and or collection dates are quoted these are estimates only. Time for delivery and for collection of the Fencing is not
of the essence of the Contract unless expressly stated in writing to be so. If the Company has agreed to collect Fencing on a
certain date but does not collect it on that date, hire charges shall nevertheless cease to accrue on that date.
15. Where the delivery or the collection of the Fencing is done by the Company the Hirer shall pay a delivery or collection charge
at the Company's standard transport rate applicable at the time of the delivery or the collection of the fencing. Such charges
shall include any wasted transport, loading or unloading time incurred by the Company by reason of any express or implied
requirement of the Hirer.
16. Instructions to the Company to collect Fencing must be given in writing to reach the Company at least five working days
before collection is required. For this purpose Saturdays, Sundays and all Bank and Public Holidays are not working days.
Such written notice shall be the only proof of collection instructions to the Company.
17. If the Hirer or its representative is present upon delivery of the Fencing, it shall check the consignment in the presence of the
carrier. Upon delivery of the Fencing the Hirer or its representative shall sign the Hire Delivery Note. In the event of any
shortage and/ or damage the said Hire Delivery Note must be endorsed by the Hirer accordingly.
18. If the Hirer or its representative is present upon delivery of the Fencing, then subject to any endorsement on the Hire Delivery
Note, the same shall be conclusive proof of the delivery of the quantity of Fencing shown on the same.
19. If the Hirer or its Representative is not present when the Fencing Is delivered the Company will send a hire delivery note to
20. Unless the Hirer reports any alleged discrepancies between the Fencing recorded in the Hire Delivery Note by letter posted to the Company within one working day of the receipt of the Hire Delivery Note that Note shall be conclusive proof of delivery of the Fencing shown on the same.
21. The Hirer is required to load and unload all Fencing on delivery and collection at the beginning and end of the Period of Hire whether the vehicle is provided by the Company, or the Hirer.
22. If the Hirer fails to load or unload Fencing as required by condition 21 the Company may but shall not be bound to carry out such loading and unloading. The Hirer must pay to the Company its additional charges for such loading and unloading.
23. The Fencing will not be received by the Company outside the opening hours of the premises or depot of the Company.
24. When Fencing is returned by the Hirer to the Company or collected by the Company it will be counted at the Company's premises. Such count shall be a count only for the purpose of verifying the quantities and not an inspection of the condition of the Fencing. The Hirer is entitled to attend the count and is advised to do so.
25. At the end of the count the Hire Return Note will be completed and signed on behalf of the Company, and will thereafter be a conclusive record of the quantity of Fencing returned by the Hirer except in so far as the Hirer endorses upon the Hire Return Note, and signs, the details of any descent from the quantity so recorded. If the Hirer endorses on the Hire Return Note any such dissent the Company will normally, unless prevented by circumstances conduct a further count. If the Hirer is not present at the count a copy of the Hire Return Note will be sent by the Company to the Hirer.
26. The Hirer shall indemnify the Company in respect of all claims by any person whatsoever for injury to persons and/ or damage to property caused by or in connection with or arising out of the use of the Fencing and in respect of all costs and charges in connection therewith whether arising under statute or common law.
27. For the avoidance of doubt, no title in the Fencing shall pass to or belong to the Hirer. The Hirer shall not deal with or sub- let the Fencing or any part thereof without the written permission of the Company.
28. The Hirer shall keep the Fencing at all times in his possession and control and take adequate measures to ensure its safe keeping.
29. The Hirer shall permit the Company and any person authorised by it at all times to enter upon the premises in which the Fencing is situated to inspect and examine the same.
30. The Hirer shall, at the request of the Company or any person authorised by the Company inform the Company in writing, within one working day of the receipt of such request, of the location or last known location of all fencing hired from the Company.
31. If Fencing is lost or stolen or damaged beyond repair the Hirer shall pay the cost of replacing it in accordance with the price in the Company's price list applicable at the date of invoice for the same. Notwithstanding such payment the Hirer shall not acquire any title to or interest in the Fencing. The Company shall retain title to the Fencing for the purpose of protecting the security mark on their Fencing, and in the case of Fencing damaged beyond repair the Hirer shall return it to the Company in its damaged state.
32. Should the Company sell for whatever reason their hire stock that has been marked with their security paint it is the customers responsibility to remove all traces of the said paint and the sale is conditional upon the removal of such paint. Title to any sold equipment does not pass to the customer until all traces of the paint have been removed and the title to any equipment bearing the paint remains with the Company whether or not the items have been paid for.
33. In the event of any unauthorised third party removing or attempting to remove the Company's Fencing in part or in whole the Hirer shall report the incident to the Police immediately upon discovery of such action or actions and shall thereafter inform the Company in writing within one working day.
34. In the event of any lost or stolen Fencing being found by or returned to the Hirer, the Hirer shall return the same forthwith to the Company whether or not the Hirer has paid the cost of replacement under Condition 31. If the Hirer has made payment under Conditon 31 then in the event of lost or stolen Fencing being returned to the Company by the Hirer or otherwise recovered by the Company the Hirer shall be entitled to repayment of the amount of such payment subject to the right of the Company to reduce the amount or repayment by deducting hire charges as if such Fencing had not been lost but had been in the possession and use of the Hirer.
35. In the event of any other damage whatsoever arising to the Fencing during the Period of Hire, the Hirer shall pay to the Company the cost of repair to the same together with the Company's administration charges. The decision whether or not any Fencing has been damaged beyond repair shall be made by the Company at its sole discretion.
36. The Company undertakes that the Fencing supplied shall be in good order. The Fencing shall conclusively be deemed to be in good order unless the Hirer gives to the Company written notice of any alleged defect within three working days of delivery. If the Hirer has given such written notice the Company shall repair or replace free of charge any Fencing found to be defective. The decision whether to repair or to replace shall be by the Company at its sole discretion.
37. The Company shall be liable in respect of death or personal injury caused by its negligence, without prejudice to the right of the Company to claim contribution from the Hirer or any other person, firm or company also liable.
38. Save as is hereinbefore expressly provided, any condition, warranty or statement, whether statutory or otherwise express or implied in connection with the Fencing or its description or its quality or its fitness for purpose or otherwise, is hereby excluded.
39. Without prejudice to the generality of the foregoing, the Company shall not be liable in respect of any drawing, design or specification. It is the responsibility of the Hirer to check and verify the accuracy of all drawings and adequacy of all drawings or specifications irrespective of who prepared them.
40. Save as is hereinbefore provided, the Company shall not be liable to the Hirer in contract, tort or otherwise either directly or vicariously for any loss direct, indirect, consequential or otherwise arising or alleged to arise out of the Fencing or its use or its erection or dismantling or any failure of or delay In delivery of the Same.
41. The Hirer shall effect and keep in force during the Period of Hire, a policy or polices of insurance without any excess and expressed to be enforceable by the Company against the insurer In respect of the following risks.
i. any liability of the Company or of the Hirer for which the Company may be liable under any statute or at common law in respect of the death of or Injury to any person and damage to any property arising out of the condition, use, erection and dismantling of the Fencing including any such liability which may arise out of or in the course of the employment or engagement of any workman or sub contract or employed or engaged by the Company or by the Hirer.
ii. any loss of or damage to the Fencing by fire, explosion, storm, tempest, flood, bursting or overflowing of water tanks, apparatus or pipes (whether or not the same be caused by the default or negligence of the Company, its servants or agents), lightning, earthquake, aircraft or anything dropped therefrom, aerial objects, riot and civil commotion to the full value of the Fencing, together with the cost of any professional fees or services and the cost of erecting and dismantling the same.
42. In respect of such policies of Insurance
i. the Hirer hereby irrevocably appoints the Company his agent for the purpose of receiving monies payable under the said policies and giving a discharge thereof.
ii. the Hirer undertakes punctually to pay all premiums payable under the said policies and to do everything necessary to maintain the said policies in full effect and not do anything whereby the policies will or may be void, voidable, cancellable or unenforceable.
iii. the Hirer will allow the Company from time to time to inspect the said policies and will produce receipts of premiums under the said policies.
43. In addition to its rights at common law, any of the events hereinafter set out shall be deemed to be a repudiation of the contract and shall entitle the Company at its sole discretion summarily to terminate the Contract of Hire.
i. any hire charges outstanding
ii. nonpayment under any other contract between the Hirer and the Company, or any of its associated Companies.
iii. a cessation of the business of the Hirer.
iv. the commission of any act of bankruptcy by the Hirer or the making of a receiving order against the Hirer.
v. Any arrangement or composition of the Hirer with its creditors or any assignment for the benefit of such creditors.
vi. the levying of distress or execution or an attempt thereat upon any of the Hirer's property.
vii. any judgement against the Hirer being unsatisfied for a period of 14 days or more.
viii. If the Hirer is a company, an order for the winding up of the Hirer or the giving of notice that a resolution for the winding up of the Hirer has been or will be proposed.
ix. any cheque, bill of exchange, or negotiable instrument drawn by or upon the Hirer being dishonoured, referred to drawer or countermanded by the Hirer.
x. failure to comply with a request under Condition 27.
44. The Company shall be entitled at its option to send any notice or document to the Hirer by post to any address given by the Hirer to the Company as its address or to the registered office of the Hirer (If a company).
45. The Hirer shall not be entitled to withhold any hire charge or any amount payable to the Company because of any disputed claim of the Hirer In respect of any alleged breach of contract or negligence by the Company, its servants or agents, nor shall the Hirer be entitled to any set off against any amount payable under this contract to the Company any monies which are not then presently payable by the Company or for which the Company disputes liability.
46. The rights of the company shall not be Prejudiced or restricted by any indulgence or forbearance extended to the Hirer and no waiver in respect of any breach by the Hirer shall operate as a waiver in respect of any subsequent breach.
47. This contract will be subject to the law of the country in which it is made. Payment shall be in pounds sterling.