TOOL HIRE TERMS AND CONDITIONS
BACKGROUND:
These Terms and Conditions are the standard terms for the hire to consumer customers of all tools and equipment by Hire MK Ltd [, trading as Hire MK,] a Limited Company [registered in England under number 14762681] [,whose registered address is 86-90 Paul Street, London, England, United Kingdom, EC2A 4NE.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
| “Business” | means any business, trade, craft, or profession carried on by You or any other person/organisation; |
| “Consumer” | means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions, means an individual customer to whom We hire Equipment for personal use and for purposes wholly or mainly outside the purposes of any Business; |
| “Contract” | means the contract for the hire of Equipment by You from Us, as explained in Clause 3; |
| “Equipment” | means the tool/s, machine/s, device/s or equipment supplied on hire by Us to You subject to these Terms and Conditions; |
| “Hire” | means the hire of the Equipment by You subject to these Terms and Conditions; |
| “Hire Agreement Form” | means the form completed and signed by You specifying the details of the Equipment hire by You [in the form of the draft attached as a Schedule to these Terms and Conditions][that We provide to You]; |
| “Hire Fees” | means the total sum payable by You for the hire of the Equipment (not including the Security Deposit or fee for Accidental Damage Waiver); |
| “Hire Period” | means the period for which You hire the Equipment, not exceeding 3 months in total; |
| “Premises” | means Our premises from which You will collect the Equipment and to which You will return it in accordance with Clause 9; |
| “Price List” | means Our price list, current at the date of the start of the Hire Period; |
| “Regulations” | means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; |
| “We/Us/Our” | means Hire MK Ltd [, trading as Hire MK,] a Limited Company [registered in England under number 14762681] [,whose registered address is 86-90 Paul Street, London, England, United Kingdom, EC2A 4NE and |
1.2 “writing”, and any similar expression, includes electronic communications whether sent by email, [text message] or other means; and
1.3 Each reference to the singular number shall include the plural and vice versa where appropriate.
2. Information About Us
2.1 Hire MK Ltd [, trading as Hire MK,] is a Limited Company [registered in England under number 14762681] [,whose registered address is 86-90 Paul Street, London, England, United Kingdom, EC2A 4NE.
3. The Contract
3.1 These Terms and Conditions and the Hire Agreement Form govern the hire of Equipment from Us and will form the basis of the Contract between Us and You. Before completing the Hire Agreement Form, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.
3.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your completed Hire Agreement Form constitutes a contractual offer comprising the content and terms contained in the Hire Agreement Form and these Terms and Conditions . We may, at our discretion, accept or decline that offer.
3.3 A legally binding contract between Us and You will be created upon Our acceptance of Your signed Hire Agreement Form and Your payment of the Hire Fees. Our acceptance will be indicated by Our signing the Hire Agreement Form, but no contract will be created before or otherwise.
4. Hire Term
4.1 The Hire Period is set out in the Order Confirmation.
4.2 The Hire Period is set out in the Order Confirmation.
4.3 You may extend the Hire Period by contacting Us by email. The Hire Period shall only be extended if and as We agree when You contact Us to request an extension. An extension may be made for up to 30 days subject always to the existence of prior reservations made by other customers. We shall use all reasonable endeavours to satisfy Your request for any extension but cannot guarantee the availability of the Equipment to You beyond the end of the pre-existing Hire Period. A fee for each extension to a Hire Period shall be charged at a rate which is Our normal rate. That fee shall be payable by You in addition to the Hire Fees and the extension shall only take effect upon Our receipt of that fee unless We expressly otherwise agree.
4.4 We reserve the right to recall the Equipment immediately at any time. In the event that We exercise this right You will be reimbursed for any and all of the Hire Period remaining or will be issued immediately with replacement Equipment of the same type or of the closest type thereto at no additional cost. If the Equipment is not returned to Us on request You shall be deemed to have authorised Us to enter Your premises and use any means necessary to recover the Equipment. You shall be liable to Us for any costs associated with such recovery.
5. Fees and Payment
5.1 The Hire Fees will be determined by reference to the length of the Hire Period, the type and quantity of Equipment, the Price List current at the time of the start of the Hire Period and any additional items which may be included in the Hire, as set out in the Hire Agreement Form.
5.2 Payment of Hire Fees must be made, in full, at the point of order. Payment may be made by credit or debit card.
6. Cancellation of Advance Bookings
6.1 If You enter into the Contract at a time or date before the beginning of the Hire Period, i.e. You make a booking in advance, You may cancel the Contract at any time before the start of the Hire Period without liability to Us for that cancellation subject to the following:
6.1.1 For a Contract cancelled more than 24 before the start of the Hire Period, there will be no charge and We will refund to You in full any sums You have already paid to Us in respect of the Contract.
6.1.2 For a Contract cancelled less than 24 hours before the start of the Hire Period, You must pay to Us a cancellation fee of 50% to cover Our lost opportunity to hire the Equipment to another customer (or, if You have already made any payments to Us in respect of the Contract, We will deduct and retain that fee from such sums).
6.2 If Your cancellation is due to what We reasonably consider to be exceptional circumstances, We may in Our discretion reduce or waive any of the cancellation fees detailed above.
7. Deliver, Hire and Collection
7.1 The first day of the Hire Period is the date stated in the Order Confirmation and Hire Agreement Form.
7.2 We shall use all reasonable endeavours to ensure that the Equipment is delivered at the specified time, however will deliver all orders within the relevant delviery periods (AM/PM) 7:30am-8:45am or 6:15PM-8:45PM.
7.3 In the event that We are unable to provide the Equipment at the start of the Hire Period We shall deliver the Equipment to You at the earliest possible date. The total Hire Fees payable by You shall be adjusted accordingly to reflect the non-availability of the Equipment.
7.4 We are required by law to provide consumers with goods that are of satisfactory quality, fit for purpose, and in accordance with descriptions, samples, models and other pre-contract information provided by Us. If, during the Hire Period, You discover any damage (pre-existing) or fault with the Equipment during the Hire Period, You should inform Us as soon as is reasonably possible. We will use all reasonable endeavours to provide a suitable replacement or, if a repair is possible without causing You any inconvenience, We will repair the Equipment (or have it repaired). If We are unable to replace or repair the Equipment (or have it repaired), or if You would prefer to reject the damaged or faulty Equipment, whether before or after a repair or replacement (if the replaced or repaired Equipment is still damaged or faulty), We will offer You a refund equal to the remaining, unused part of the Hire Period. Any refund due to You will be made as soon as is reasonably possible, and in any event within 14 calendar days of the date on which We agree that You are entitled to a refund. Refunds will be made using the same payment method originally used by You unless You specifically request a different method. For more information on Your legal rights and remedies as a consumer, it is recommended that You contact Your local Citizens Advice Bureau or Trading Standards Office.
7.5 At the end of the Hire Period or any period of extension of Hire agreed by Us You shall return the Equipment to the Premises on the relevant day before the time specified in, as applicable, either sub-Clause 4.2 or the Hire Agreement From.
7.6 If You are not available at the agreed collection time, We shall charge You for an additional day’s hire at the normal daily rate for that Equipment. The Hire Period will be extended by one day. The provisions of this sub-Clause
7.6 shall continue to apply daily until collection of the the Equipment is re-organised.
8. Use and Care of the Equipment
8.1 You may only use the Equipment for the normal purpose for which it is intended.
8.2 All Equipment must be used in a safe and correct manner and in accordance with any and all operation and safety instructions or similar documentation provided.
8.3 You may not remove any labels from the Equipment or any part/s of it.
8.4 You may not make any alterations or adjustments to the Equipment beyond those that are already possible within the range of adjustments specific to a given item.
8.5 You may only affix or connect other items to the Equipment where such affixation does not exceed the design limitations of the Equipment and is not likely to damage it in any way.
8.6 You shall at all times treat the Equipment with a reasonable level of care and shall ensure that it is kept clean, subject always to reasonable levels of wear and tear.
8.7 All Equipment which uses consumables of whatever nature must only be used with official consumables (that is, those produced or recommended by the manufacturer of that particular piece of Equipment) or such other products as authorised by Us.
8.8 All Equipment which requires fuel or oil must only be used with the types specified by the manufacturer of that particular piece of equipment or such other type as authorised by the company.
8.9 All electrical equipment must only be used with the voltage specific to that piece of Equipment.
8.10 You must notify Us immediately after any breakdown, loss and/or damage to the Equipment.
9. Your Responsibilities
9.1 You must not permit any other person to use the Equipment unless and as We may agree with You before or during the Hire Period].
9.2 You are responsible for ensuring that You (or any other person) only use the Equipment if You (or they) have no medical or physical condition that might give rise to a risk of injury to You or any other person.
9.3 When hiring Equipment You are acknowledging that use of it may carry with it an inherent risk of injury unless all suitable precautions are taken by You. You acknowledge to Us that You accept that inherent risk and that Our liability will be limited according to Clause 13.
9.4 We do not provide any form of insurance and it is therefore Your responsibility to ensure that You are covered by suitable insurance for the duration of the Hire Period including any extension of it, and that insurance should include, but not be limited to, cover for:
9.4.1 loss or theft of or damage to the Equipment where there is no Accidental Damage Waiver or to the extent that such loss, theft or damage is not within the scope of an Accidental Damage Waiver that is added to the Hire; and
9.4.2 personal injury or death save where caused by Our negligence or that of Our employees, agents or sub-contractors.
9.5 You confirm that in connection with Your hire of the Equipment, You are and will be a “Consumer” as defined in Clause 1 above.
10. Maintenance
10.1 We shall maintain the Equipment to the standards specified by the relevant manufacturers. Only official parts (that is, those produced or recommended by the manufacturer of that particular piece of Equipment) shall be used for maintenance and repair work. All Equipment will be fully inspected, cleaned and (where necessary) maintained prior to each Hire.
10.2 You shall not attempt to make any repairs to the Equipment without Our prior written consent. When You contact Us in this regard We shall have the option of replacing the Equipment, repairing the Equipment Ourselves or granting You permission to make the necessary repairs. The cost of such replacement or repairs shall be borne by either Us or You, the responsibility being determined by the reasons for the replacement or repairs.
10.3 If parts require replacement during the Hire Period We shall have the option of supplying such parts to You or supplying replacement Equipment or a suitable substitute (that is, Equipment capable of performing the same tasks as that which it replaces).
10.4 Any parts and / or substitutes provided under sub-Clause 10.3 shall be replaced free of charge by Us provided that such replacement is necessitated by nothing more than normal wear and tear. Additional wear or damage may result in You being charged for the cost of replacement parts, associated labour, and / or the cost of providing substitute Equipment.
11. Insurance and Accidental Damage Waiver
11.1 We provide no standard insurance cover for the Equipment.
11.2 In the case of smaller items of Equipment Your existing contents insurance may provide cover while the Equipment is on the insured property. It shall be Your responsibility to verify this with Your insurers. In the case of larger items of Equipment, whether covered by Your existing insurance or otherwise, We shall, at Our discretion, require proof of insurance prior to releasing the relevant Equipment to You.
12. Loss and Damage
12.1 You are responsible for, and will be required to indemnify Us for, any loss, damage or defect, other than due to normal wear and tear, which may occur to or in the Equipment during the Hire Period (if and as extended) to the extent that either the loss, damage or defect falls outside of the scope or terms of the Accidental Damage Waiver described in Clause 11 or no Accidental Damage Waiver fee is paid.
12.2 Any amounts due under this Clause 12 will firstly be taken out of Your Security Deposit. If the cost of repairing the damage or defect or replacing the Equipment is, in Our opinion, higher than the sum of the Security Deposit, You will be required to pay any excess sum.
12.3 You will not be responsible under this Clause 12 or otherwise for any pre-existing damage to or defect or fault in the Equipment that is discovered under sub-Clause 7.5 during the Hire Period.
12.4 Full details of all amounts due under this Clause 12 are available on request.
13. Liability
13.1 We will not be liable for any personal injury or damage to property which results from the improper use of the Equipment.
13.2 We shall be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or other terms of the Contract or as a result of Our negligence. Loss or damage is foreseeable only if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is formed. We will not be responsible for any loss or damage that is not foreseeable.
13.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
13.4 We only hire the Equipment for Your domestic or private use. You agree not to hire or use the Equipment for any commercial or business purpose, and We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.5 Nothing in these Terms and Conditions or other provisions of the Contract seeks to exclude or limit Our liability with respect to Your rights as a consumer. For more information on Your legal rights and remedies as a consumer, it is recommended that You contact Your local Citizens Advice Bureau or Trading Standards Office.
13.6 [Subject to the above provisions of this Clause 13, Our total liability under these Terms and Conditions and the Contract shall be limited to an amount equal to 1 times the value of the Contract, the “value” being for this purpose the total of the Hire Fees and any further fees payable for any extension of the Hire that is agreed.]
14. How We use your personal information (Data Protection)
We will only use Your personal information as set out in Our Privacy Policy [available from https://hiremk.co.uk/privacy-policy-2/.
15. Termination
15.1 We shall be entitled to terminate the Hire Period and the Contract in the event that:
15.1.1 You are in breach of these Terms and Conditions;
15.1.2 You have had Your personal belongings confiscated in order to satisfy debts; or
15.1.3 You have a receiving order made against You.
15.2 In the event of termination for any of the above reasons:
15.2.1 all payments required under the Contract shall become due and immediately payable; and
15.2.2 We shall have the immediate right to request the immediate return of the Equipment or repossess the Equipment and may charge You for any reasonable costs involved in such repossession.
16. Events Outside of the Company’s Control (Force Majeure)
We shall not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or other natural disaster, or any other similar or dissimilar event that is beyond Our reasonable control.
17. Communication and Contact Details
You may contact Us at [any of] Our branch[es], by email at contact@hiremk.co.uk, or by pre-paid post at HireMK Ltd, 86-90 Paul Street, London, England, United Kingdom, EC2A 4NE.
18. Complaints and Feedback
18.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Our customers’ experience is a positive one, We nevertheless welcome the opportunity to resolve any complaints.
18.2 If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, these Terms and Conditions, the Hire Agreement Form, the Contract, or the Equipment, please contact Us in one of the following ways:
18.3 Contract, or the Equipment, please contact Us in one of the following ways:
18.3.1 [In writing, addressed to Hire MK Ltd, 86-90 Paul Street, London, England, United Kingdom, EC2A 4NE;]
18.3.2 By email, addressed to contact@hiremk.co.uk.
19. Regulations
We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make the Contract except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You in the Hire Agreement Form that We give You or before We provide the Hire Agreement Form to You to sign. All of that information will, as required by the Regulations, be part of the terms of Our Contract with You as a Consumer.
20. Information
As required by the Regulations:
20.1 all of the information described in Clause 20; and
20.2 any other information which We give to You about hiring the Equipment which You take into account when deciding to hire the Equipment or when making any other decision about doing so;
will be part of the terms of the Contract (i.e. Our contract with You) as a Consumer.
21. Other Important Terms
21.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs We will inform You. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions and the Contract will be transferred to the third party who will remain bound by them.
21.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions and the Contract without Our express written permission.
21.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions or of the Contract.
21.4 If any of the provisions of these Terms and Conditions or the Contract are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions and the Contract. The remainder of these Terms and Conditions and the Contract shall be valid and enforceable.
21.5 No failure or delay by Us or You in exercising any rights under these Terms and Conditions or the Contract means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions or the Contract means that We or You will waive any subsequent breach of the same or any other provision.
22. Governing Law and Jurisdiction
22.1 These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
22.2 As a Consumer, You will benefit from any mandatory provisions of the law in your country of residence. Nothing in sub-Clause 23.1 above takes away or reduces your rights as a Consumer to rely on those provisions.
22.3 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.