Other applicable terms
· Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
If you purchase goods from our site, our Terms and conditions of supply will apply to the sales.
Information about us
http://www.warehouse701.co.uk/ are site operated by Warehouse 701 Ltd (“We”), a company registered in England and Wales under company number 8377915 and with our registered office at Lloyd George House, Fordshill Road, Rotherwas Industrial Estate, Hereford, Herefordshire, HR2 6NS. Our VAT number is 807 0944 32.
Changes to these terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
· use of, or inability to use, our site; or
· use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
· loss of profits, sales, business, or revenue;
· business interruption;
· loss of anticipated savings;
· loss of business opportunity, goodwill or reputation; or
· any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our terms and conditions of supply (see link above).
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy (see link above).
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy (see link above).
The views expressed by other users on our site do not represent our views or values.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (see link above).
If you wish to make any use of content on our site other than that set out above, please contact us.
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
To contact us, please call 01432 375510 or visit our contact us page.
Thank you for visiting our site.
TERMS OF SUPPLY
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on our website (“our site”) to you.
These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
If you refuse to accept these Terms, you should not order any Products from our site.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1. Information about us
1.1 We operate the website http://www.warehouse701.co.uk/. We are Warehouse 701 Limited, a company registered in England and Wales under company number 8377915 and with our registered office at Lloyd George House, Fordshill Road, Rotherwas Industrial Estate, Hereford, Herefordshire, HR2 6NS. Our VAT number is 807 0944 32.
1.2 To contact us, please call 01432 375510 or visit our “contact us” page, https://www.warehouse701.co.uk/contact-us
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site may vary slightly.
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. Use of our site
Your use of our site is governed by our terms of website use [INSERT LINK] and acceptable use policy [INSERT LINK]. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
5. If you are a consumer
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer (i.e. you are not purchasing Products from us in the course of a trade, business, or profession), you may only purchase Products from our site if you are at least 18 years old.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
7. How the contract is formed between you and us
7.1 For the steps you need to take to place on order on our site, please follow the order process indicated.
7.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.3 Orders placed after 2.30pm will be processed the following working day. After you place an order, you may receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.4.
7.4 The Contract between us will only be formed when we dispatch the Products.
7.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
8. Our right to vary these terms
8.1 We may revise these Terms from time to time.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
9. Cancellations, returns and refund policy
9.1 If you are a consumer, you have a legal right to cancel a Contract under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 However, the above cancellation right does not apply in the case of:
(a) any products made to your specification or clearly personalised; or
(b) perishable goods.
9.3 If you are a consumer, your legal right to cancel a Contract starts from the date of dispatch, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
9.4 If you are a consumer, to cancel a Contract, please contact us. You may wish to keep a copy of your cancellation notification for your own records.
9.5 If you are a consumer and you cancel your Contract, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.
9.6 If you are a consumer and you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We refund you on the credit card or debit card used by you to pay.
9.8 Please note, if the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable and in any event within 14 days;
(b) unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.9 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.10 If you are not a consumer but ordering from us in the course of a trade, business or profession, you may return items to us that are not damaged or faulty for a refund at your expense and within 14 working days of the date of purchase, in the original packaging and in good conditions, and a refund will be given. In this circumstance, we will charge a 20% restocking fee to cover our checking, cleaning and re-handling costs. Any refund will be processed within 21 days of receipt of the returned items.
9.11 If any Products are returned to us, please ensure that you obtain a proof of postage, as we will not be responsible or liable for any Products lost in transit where you do not have such proof of postage.
10.1 Delivery prices will vary, depending upon quantity and location. We will endeavour to fulfil your order within 7 working days from confirmation that the order has been accepted, unless there is an Event Outside Our Control (see clause 17 below). Please note that during busy periods, delivery times may be longer.
10.2 Delivery will be completed when we deliver the Products to the address you gave us.
10.3 The Products will be your responsibility from the completion of delivery. All Products must be checked on arrival and delivery paperwork signed, unless prior agreement has been made with the delivery company to leave the Products at your property in which case they will be left at your risk and we shall have no liability.
10.4 You own the Products once we have received payment in full, including all applicable delivery charges.
10.5 Please note, delivery of larger goods such as building materials will be made with a relevant size or specialist vehicle which may be an HGV. Please ensure that the lorry is able to access your delivery address. If you have any concerns, please contact us. If we are unable to deliver due to access, please be aware that a charge will be incurred for re-delivery.
10.6 Delivery drivers are not expected to manoeuvre the pallet beyond the rear of the vehicle but will always be as helpful as possible when conditions allow. Please note, the pallets are unloaded using a tail lift and the delivery vehicle will not be fitted with a ‘crane’ unless prior arrangements are made.
10.7 In the event that you agree to a delivery but are then not present at the delivery address, may incur a re-delivery charge.
10.8 Please report any delivery issues or problems immediately to us.
10.9 If you have any special delivery requirements, for example a Hiab lorry, please contact us and we will endeavour to accommodate your needs.
11. No international delivery
11.1 Unfortunately, we do not deliver to addresses outside the UK.
11.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.
12. Price of products and delivery charges
12.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
12.2 Prices for our Products may change from time to time, but changes will not affect any order which has been dispatched.
12.3 The price of a Product includes VAT unless otherwise stated (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time or confirmed in writing.
12.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
13. How to pay
13.1 You may pay for Products by cash, cheque, Worldpay, Credit Cards, BACS or by any of these methods in person. If you wish to pay by cheque, please make payable to Warehouse 701 Limited. Please write your home address on the back of the cheque and the order will be processed once the cheque has cleared. If you wish to pay by BACS, please contact the office on 01432 375510 or email firstname.lastname@example.org for the necessary information.
13.2 Payment for the Products and all applicable delivery charges is in advance.
14. Our warranty for the Products
14.1 We provide a warranty that on delivery the Products shall be free from material defects. If a Product is damaged or defective on delivery, please provide photographs if possible. In the event of any breach of this warranty, we shall repair or replace (at our option) the Products and this shall be your sole and exclusive remedy. However, this warranty does not apply in the circumstances described in clause 14.2.
14.2 The warranty in clause 14.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to store, operate or use the Products in accordance with the user instructions; or
(d) any alteration, repair or tampering by you or by a third party.
14.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
15. Our liability if you are a business
This clause 15 only applies if you are a business customer.
15.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
15.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
15.3 Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
15.4 Subject to clause 15.2 and clause 15.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. Our liability if you are a consumer
This clause 16 only applies if you are a consumer.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
16.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or the failure or default of third party suppliers or subcontractors.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18. Communications between us
18.1 When we refer, in these Terms, to "in writing", this will include e-mail.
18.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
18.3 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19. Other important terms
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
19.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Terms & Conditions of Hire
These are the terms and conditions of hire of Warehouse 701 Limited (company number 8377915) whose registered office is at Lloyd George House, Fordshill Road, Rotherwas Industrial Estate, Hereford, Herefordshire, HR2 6NS (“we”, “us”, “our”).
By placing an order for hire with us you agree to be bound by these terms and conditions to the exclusion of all others. These terms and conditions shall form the basis of our hire agreement with you “Hire Agreement”).
We shall hire the agreed items to you subject to these terms and conditions.
2. Rental Period
The rental period shall be as we agree with you in writing, unless the Hire Agreement is terminated earlier in accordance with these terms.
3. Rental Payments and Deposit
3.1 You shall pay the agreed rental payments (“Rental Payments”) upon the dates and by such method as we confirm to you.
3.2 Payments must be made without withholding or set-off on account of disputes, counterclaims or for any other reason whatsoever.
3.3 If you fail to pay any rental payment or any other sums payable by the due date for payment under this agreement then, without limiting our rights under clause 10.1, you shall pay interest on such sums for the period from and including the due date of payment up to the actual date of payment, whether before or after judgment. The interest shall be paid at the rate of four per cent (4%) per annum above the base rate from time to time of Barclays Bank plc.
3.4 Where we ask for a deposit, this shall be a deposit against default by you of payment of any rental payments or any loss of or damage caused to the hired items. If you fail to make any rental payments or cause any loss or damage to hired items (in whole or in part), we shall be entitled to apply the deposit against such default, loss or damage. The deposit (or balance thereof) shall be refundable following the end of the rental period.
4.1 Delivery of the hired items shall take place as agreed with you.
4.2 You shall procure that a duly authorised representative shall be present at delivery. Acceptance of delivery by such representative shall constitute conclusive evidence that you have examined the hired items and have found them to be in good condition, complete and fit in every way for the purpose for which it is intended. If required by us, your duly authorised representative shall sign a receipt confirming such acceptance.
5. Title, risk and insurance
5.1 The hired items shall at all times remain our property, and you shall have no right, title or interest in or to the hired items (save the right to possession and use of the hired items subject to these terms and conditions).
5.2 The risk of loss, theft, damage or destruction of the hired items shall pass to you on delivery. The hired items shall remain at your sole risk during the rental period and any additional period during which the hired items are in your possession, custody or control and until such time as the hired items are redelivered to us (“Risk Period”). During the Risk Period, you shall, at your own expense, obtain and maintain the following insurances:
(a) insurance of the hired items to a value not less than their full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as we may from time to time nominate in writing;
(b) insurance for such amounts as a prudent owner or operator of the hired items would insure for, or such amount as we may from time to time reasonably require, to cover any third party or public liability risks of whatever nature and however arising in connection with the hired items; and
(c) insurance against such other or further risks relating to the hired items as may be required by law, together with such other insurance as we may from time to time consider reasonably necessary and advise to you.
5.3 You shall give immediate written notice to us in the event of any loss, accident or damage to the hired items or arising out of or in connection with your possession or use of the hired items.
6. Your responsibilities
6.1 You shall during the term of this agreement:
(a) ensure that the hired items are kept and operated in a suitable environment, used only for the purposes for which they are designed, and operated in a proper manner in accordance with instructions provided by us;
(b) take such steps (including compliance with all safety and usage instructions provided by us) as may be necessary to ensure, so far as is reasonably practicable, that the hired items are at all times safe and without risk to health when being used;
(c) maintain at your own expense the hired items in good and substantial repair in order to keep them in as good a condition as they were at the start of the hire period (fair wear and tear only excepted);
(d) make no alteration to the hired items;
(e) keep us fully informed of all material matters relating to the hired items;
(f) keep the hired items at all times at the agreed location and shall not move or attempt to move any part of the hired items to any other location without our prior written consent;
(g) permit us or our duly authorised representative to inspect the hired items at all reasonable times and for such purpose to enter into or upon any premises at which the hired items may be located, and shall grant reasonable access and facilities for such inspection;
(h) not part with control of, sell or offer for sale, underlet or lend the hired items or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
(i) not do or permit to be done any act or thing which will or may jeopardise our right, title and/or interest in the hired items;
(j) not suffer or permit the hired items to be confiscated, seized or taken out of your possession or control under any distress, execution or other legal process;
(k) not use the hired items for any unlawful purpose;
(l) deliver up the hired items at the end of the rental period or on earlier termination of the Hire Agreement at such address as we require, or if necessary allow us or our representatives access to any premises where the hired items are located for the purpose of removing the hired items; and
(m) not do or permit to be done anything which could invalidate the insurances referred to above.
6.2 You acknowledge that we shall not be responsible for any loss of or damage to the hired items arising out of or in connection with any negligence, misuse, mishandling of the hired items or otherwise caused by you or your officers, employees, agents and contractors (as the case may be), and you undertake to indemnify us on demand against the same, and against all losses, liabilities, claims, damages, costs or expenses of whatever nature otherwise arising out of or in connection with any failure by you to comply with these terms and conditions and/or the Hire Agreement.
7.1 We warrant that the hired items shall substantially conform to their description (as made available by us), be of satisfactory quality and fit for any purpose held out by us. We shall use all reasonable endeavours to remedy, free of charge, any material defect in the hired items which manifests itself following delivery, provided that:
(a) you notify us immediately of any defect;
(b) we are permitted to make a full examination of the alleged defect;
(c) the defect did not materialise as a result of misuse, neglect, alteration, mishandling or unauthorised manipulation by any person; and
(d) the defect is directly attributable to defective material, workmanship or design.
7.2 If we fail to remedy any material defect in the hired items in accordance with clause 7.1, we shall, at your request, accept the return of part or all of the hired items and make an appropriate reduction to the rental payments payable during the remaining term of the agreement and, if relevant, return any deposit (or any part of it).
8.1 Without prejudice to clause 8.2, our maximum aggregate liability for breach of the Hire Agreement (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances exceed (a) where we carry insurance, the amount (if any) we are able to recover under our insurance in respect of the event giving rise to a claim, or (b) where we do not carry insurance, the amounts paid by you under the Hire Agreement.
8.2 Nothing in these terms and conditions shall exclude or in any way limit:
(a) either party's liability for death or personal injury caused by its own negligence;
(b) either party's liability for fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be excluded by law.
8.3 The Hire Agreement sets forth the full extent of our obligations and liabilities in respect of the hired items and their hire to you. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on us except as specifically stated in these terms and conditions. Any condition, warranty or other term concerning the hired items which might otherwise be implied into or incorporated within the Hire Agreement, whether by statute, common law or otherwise, is expressly excluded.
8.4 Without prejudice to clause 8.2, neither party shall be liable under the Hire Agreement for any:
(a) loss of profit;
(b) loss of revenue
(c) loss of business; or
(d) indirect or consequential loss or damage
in each case, however caused, even if foreseeable.
9.1 We may, without prejudice to any other right or remedy which may be available to us, terminate the Hire Agreement immediately by written notice to you if:
(a) you default in any of your payment obligations;
(b) you commit a material breach of the Hire Agreement and which breach is irremediable, or which breach (if remediable) is not remedied within five working days; or
(c) you suffer an insolvency or bankruptcy event (including if a company, entering into liquidation, making an arrangement with your creditors, having a receiver or manager appointed over all or any part of your assets or generally becoming unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986, or if an individual, being declared bankrupt or making any arrangement with or for the benefit of your creditors or having a county court administration order made against you under the County Court Act 1984).
9.2 Upon termination of the Hire Agreement, however caused:
(a) our consent to your possession of the hired items shall terminate and we may, by our authorised representatives, without necessarily giving notice, retake possession of the hired items and for this purpose may enter any premises at which the hired items are located; and
(b) you shall pay to us on demand:
(i) all rental payments and other sums due but unpaid at the date of such demand together with any interest accrued pursuant clause 3.3;
(ii) any costs and expenses incurred by us in recovering the hired items and/or in collecting any sums due under the Hire Agreement.
9.3 Termination of this agreement shall be without prejudice to the rights and obligations of the parties accrued up to the date of termination.
10. Force majeure
Neither party shall be in breach of the Hire Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
11. Confidential information
11.1 Neither party shall, during and after termination of the Hire Agreement, without the prior written consent of the other party, use or disclose to any other person any information of the other party which is identified as confidential or which is confidential by its nature.
11.2 Each party shall on demand and on termination of the Hire Agreement surrender to the other party all materials relating to such confidential information in its or its personnel's, agents' or representatives' possession.
You may not, without our prior written consent, assign or transfer or deal in any other manner with the Hire Agreement or any of your rights and obligations under the Hire Agreement, or purport to do any of the same.
13. Entire agreement and variation
13.1 The Hire Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
13.2 Each party acknowledges that, in entering into the Hire Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in the Hire Agreement. Each party agrees that its only liability in respect of those representations and warranties that are set out in the Hire Agreement (whether made innocently or negligently) shall be for breach of contract.
13.3 Nothing in this clause shall limit or exclude any liability for fraud or for fraudulent misrepresentation.
13.4 No variation of the Hire Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
14. Contracts (Rights of Third Parties) Act 1999
A person who is not a party to the Hire Agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15.1 Any notice or other communication required to be given under the Hire Agreement, shall be in writing and shall be delivered personally, or sent by pre-paid post or recorded delivery or by commercial courier, to each party required to receive the notice or communication.
15.2 Any notice or other communication shall be deemed to have been duly received:
(a) if delivered personally, when left at the address of the other party;
(b) if sent by commercial courier, on the date and at the time of signature of the courier's delivery receipt; or
(c) if sent by pre-paid post or recorded delivery, 9.00 am on the second working day after posting.
15.3 A notice or other communication required to be given under this agreement shall not be validly given if sent by e-mail.
15.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. No waiver
No failure or delay by a party to exercise any right or remedy provided under the Hire Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
If any court or competent authority finds that any provision of the Hire Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Hire Agreement shall not be affected.
18. Governing law and jurisdiction
18.1 The Hire Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with English law.
18.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Hire Agreement or its subject matter.