1 - Definitions
a) The “Owner” is the company, firm, or person letting the unit(s) on hire, and includes their successors, assigns, or personal representatives, but the term “Owner” shall not be deemed to imply any condition of title.
b) The “Hirer” is the company, firm, person, or corporation of public authority taking the Owner's unit(s) on hire, and includes their successors or personal representatives.
c) “Units” shall be deemed to be all kinds of mobile accommodations and associated equipment, which the Owner agrees to hire to the Hirer.
d) A “Week's Hire” shall be a seven-day week or part thereof.
2 - Commencement
The hire period shall commence from the time when the Unit(s) leave the Owner's depot, or place where last employed, and shall continue until terminated, in accordance with the provisions of this contract.
3 – Availability of Units
The Unit(s) is/are offered subject to being available when required.
4 – Extent of Contract
a) English law shall apply to any contract incorporating these conditions.
b) The Owner will only accept contracts incorporating these conditions or hire. All contracts of the hire made with the Owner shall be subject to these conditions. No variation of these conditions shall have effect, unless the Owner shall have specifically assented, in writing, to the variation.
c) The Hirer shall be deemed to have accepted the conditions of the hire, incorporated in the hire contract, on either the signature and return thereof to the Owner, or on the making of the first payment due in respect of the hire or the Unit(s), whichever is the sooner.
5 – Loading and Unloading
a) The Hirer's acceptance of the Unit(s) shall be conclusive that he has examined it and found it to be in good condition, and no conditions or warranties, other than herein specifically set forth, shall be implied or deemed to be incorporated and form part of the contract.
b) The Hirer is to ensure a sound and accessible road to the foundation to receive the Unit(s).
c) The Hirer is to ensure that the vehicle delivering the Unit(s) has adequate and proper access to and from the site.
d) No claims for cranage whatsoever will be entertained by the Owner from the Hirer and any third party on delivery or removal of the Unit(s).
e) Any time spent waiting on the site, which is, in the Owner's view, excessive (beyond the free time stated in quotation) or resultant from inadequate delay on the Hirer's part, will be charged for accordingly by the Owner to the Hirer.
6 – Hirer’s Liability
a) The Hirer shall be responsible for the safe keeping of the Unit(s) and for its use in a proper and workmanlike manner, and is strictly liable for any loss of, or damage to, the Unit(s) from whatsoever cause arising.
b) The Hirer shall keep the Unit(s) in good order and substantial repairs and condition, and will be responsible for replacing missing, damaged, and broken parts thereof with good quantity and value. In default of so doing, the Hirer shall permit the Owner to take possession of the Unit(s), for the purpose of effecting repairs, and shall repay the Owner for all costs of such repairs.
c) The Hirer shall fully and completely indemnify the Owner in respect of all claims by any person whatsoever, for injury to persons or damage to the property caused by, or in connection with, charges and expenses in connection therewith, whether arising under statute or common law.
7 - Delivery
a) The Hirer's liabilities shall arise and become binding upon them immediately upon the arrival of the container.
b) The Hirer shall not move the Unit(s) without prior consent and knowledge of the Owner. The Hirer shall be strictly liable for any loss or damage caused by, or resulting from, any moving of the Unit(s) whether authorised by the Owner or not.
8 – Inspection of Unit(s)
a) The Hirer shall be responsible for the carrying out of a monthly inspection and examination of the Unit(s) and shall report any damage discovered to the Owner in writing.
b) The Hirer shall, at reasonable times, allow the Owner, his agents, or insurers to have access to the Unit(s) to inspect, adjust, test, repair, or replace the same.
9 - Stoppages
a) No credits can be allowed by the Owner in respect of any strike, lockouts, or stoppages whatsoever.
b) Except as herein provided, the Hirer shall comply with, and be contractually bound for the duration of, the hire period.
c) No credits can be allowed in the respect of any holiday period whatsoever.
10 – Sub-Letting
The Hirer shall not sub-let the Unit(s), or any part thereof, or part with possessions to any third party without the prior written consent of the Owner.
11 – Consequential Loss
The Owner accepts no responsibility for any consequential loss or damage due to, or arising from, non-arrival of the Unit(s) or any cause whatsoever.
12 – Owner’s Rights
During the continuance of the hire period, if the Hirer shall make or purpose any composition with his creditors, or commit any act of bankruptcy, or if the Hirer is a limited company, shall go into liquidation (other than a members voluntary liquidation) or shall suffer any distress or execution to be levied against him, or shall do, or cause to be done, any other act or thing, whereby the rights of the Owner may take possession of the unit(s), without notice, for which purpose it shall be lawful for him to enter into or upon any premises or site where the Unit(s) may be without prejudice to any other rights that the Owner may possess.
13 – Termination of Hire
If the Hirer shall fail to pay rent, or any part thereof, as and when it falls due, or shall fail to observe and perform any conditions of this contract, or if the contract shall be terminated prematurely at the request of the Hirer, the Owner may forthwith treat the agreement as terminated and the Owner may, without notice, retake possession of the Unit(s) for which purpose it shall be lawful for him to enter into or upon any premises where the Unit(s) may be. The exercise of this right of forfeiture is without prejudice to any other rights that the Owner may possess, at common law or otherwise.
14 – Collection under Termination
The Unit(s) shall, except as herein provided, be on hire until removed from the site and satisfactorily received in the Owner's depot.
15 - Insurance
The Hirer shall at all times, after commencement of the hiring, insure the Unit(s) to their full replacement value (insurance value will be shown on the agreed contract) and no credit allowance will be made or account taken of previous hire revenue.
16 - Payment
Payment shall be made in accordance with the terms and on the date(s) stipulated in the hire contract. Any money owing after stipulated date(s) shall bear interest, at the rate of 5% above the base rate, for the time being adopted by the Owner's bankers charged with monthly rests and compounded if the Owners have to instruct solicitors, or other agents, to recover all fees and costs payable by the owner to the solicitors or agents.