Hire Terms & Conditions
E & O E.
FULL TERMS & CONDITIONS OF HIRE
1. Definitions and general notes
1.1. The Owner refers to Adam Bell & Michael Jervis trading as Third Source and includes its successors or assigns.
1.2. The Hirer refers to the company, firm, person or public authority taking the Owner’s Equipment on hire and includes their successors or personal representatives.
1.3. “Equipment” refers to all and/or any classes of items which the Owner agrees to hire to the Hirer.
1.4. The term “Owner’s Employee” shall mean any employee of the Owner whose job is either to setup or operate the Equipment or to provide any other services in connection with the Equipment.
1.5. “Advice means any designs, drawings or specifications in relation to the Equipment or any information or advice as to the planning supervision or control of the Hirer’s operations or the installation of the Equipment.
1.6. Hire rates are the Owner’s current standard rates unless otherwise agreed.
1.7. Weekly rates are for a 40-hour 5-day week. In certain cases, additional charges may be made (at the owner’s discretion) for unsociable hours of work and weekend work.
1.8. These terms and conditions shall apply to the hire of all Equipment by the Owner to the Hirer and shall not be overridden by any terms and conditions of the Hirer.
1.9. No variation of these terms and conditions will be effective unless agreed in writing by a Partner / Owner. All terms other than those expressly set out in these terms and conditions are hereby excluded.
1.10. Acceptance of the Equipment on site by the Hirer or its delivery on site in accordance with the Hirer’s instructions signifies acceptance of these terms and conditions unless otherwise agreed in writing.
1.11. Where the Hirer deals with the Owner as a consumer these terms and conditions do not and will not affect his statutory rights.
1.12 The term “Official Quotation” means a written document stating “Official Quotation” or “Order Confirmation” in PDF or MS Word Format sent from Third Source’s Rental Desk Server System. Any other quotations received verbally or via email are for budgeting purposes only and are not necessarily the agreed price for your hire.
2. Basis of charging
The equipment is hired to the Hirer subject to these terms and conditions and to the payment terms quoted within the official quotation. The Hirer agrees to pay the hire charges which will commence from the time and at the rate(s) set on the official quotation and continue until the Equipment is returned to or collected by the Owner and a receipt issued by the Owner. Telephone or Verbal Bookings of Hire will not be accepted as contracted and confirmed jobs. All hires must be confirmed in writing to the Owner via email or post. You can send confirmation to info@thirdsource.co.uk
3. Other charges
Hire charges relate solely to the hire of the Equipment. In the case of certain items such as smoke/fog generators this charge will include the supply of a given amount of ‘fog fluid’. However, the hire charge does not include consumables such as batteries, gels, tape and other such items (which may be defined at the discretion of a director of the Owner). Also, the hire charges do not include carriage to and from the Owner’s premises, charges in relation to the supply of an Owner’s Employee, or any costs incurred by the Owner, all of which will be charged separately to the Hirer.
4. Wages and other charges relating to Owner’s Employees
The Hirer shall pay the agreed hourly rates for each Owner’s Employee supplied with the Equipment and such rates are payable whether or not the Owner’s Employee is actually engaged operating the Equipment or providing any other service in connection with the Equipment.
5. Payment terms
All charges are payable on demand except that payment terms for authorised credit customers are 30 days net from the date of invoice. The Owner shall be entitled to charge interest at the rate of 2% over the current Bank of England base rate per month from the due date to the date of settlement.
Third Source now use an External Credit Management company to automatically process all invoices outside their credit terms, this will incur additional charges direct to the debtor of up to £350 + VAT per invoice.
Please ensure prompt payment to avoid any Interest Charges or Fee's from our External Credit Management company.
Should the Hirer fail to settle any invoice by the due date other than for a valid reason, then all other charges/invoices become payable immediately by the Hirer.
6. Loading and unloading the Equipment
The Hirer shall be responsible for loading and unloading the Equipment at the Hirer’s site, and at the Owner’s premises. Any Owner’s Employee who helps load or unload the Equipment is deemed to be an employee of the Hirer and the provisions of paragraph 7 shall apply.
7. Responsibility for Owner’s Employees
When an Owner’s Employee is supplied by the Owner with the Equipment, the Owner shall supply a competent person but such person shall be under the direction and control of the Hirer. The Owner’s Employee shall for all purposes connected with such employment be regarded as the servant of the Hirer who alone shall be responsible for all claims arising in connection with the delivery, preparation or operation of the Equipment. The Owner shall have no liability for any loss or damage caused by any act or omission whatsoever of an Owner’s Employee or the consequences thereof. The Hirer shall fully and completely indemnify the Owner in respect of all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising out of or in connection with any act or omission of the Owner’s Employee whilst the Hirer is responsible fo him and whether or not arising under statute or common law or from the negligence or breach of duty or other wrongful act or omission of the Owner or any of the Owner’s Employees.
8. Advice
If the Owner or any of the Owner’s Employees give any Advice it is provided strictly on the basis that it is for guidance only, and without any responsibility being accepted. The onus is on the Hirer to verify the accuracy and/or appropriateness of such Advice and to accept or reject accordingly. If any such Advice is given it is given on the basis that no legal liability shall attach to the Owner or any of the Owner’s Employees. The Hirer shall fully and completely indemnify the Owner and the Owner’s Employees against all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising from the giving of such Advice whether arising under statue or common law or from the negligence or breach or duty of other wrongful act of omission of the Owner or any of the Owner’s Employees.
9. Responsibilities of persons signing
All hires must be digitally signed for on receipt of goods or services. The person signing warrants that he has the authority of the Hirer to make the contract on the Hirer’s behalf. The Owner shall be entitled to treat the Hirer as contractually bound by these terms and conditions unless the Hirer can demonstrate that there were no reasonable grounds for the Owner to believe that such person had authority to bind the Hirer.
10. Delivery in good order
The person signing overleaf has been afforded an opportunity to inspect the Equipment which is deemed to be in good working order and wholly free from damage at the time of signature. If the Equipment has been accepted on site by the Hirer, the Equipment is also deemed to be in good working order and wholly free from damage at the time of delivery. Any shortages of Equipment must be notified to the Owner within 24 hours of the commencement of the hire and confirmed in writing within 72 hours. If the Hirer fails to do this hire charges will continues and the Hirer will be responsible for the cost of replacing shortages in accordance with paragraph 11.
11. Lost, non-returned, damaged or unclean Equipment
The Hirer shall must immediately notify both the Owner and the police of any loss or theft of the Equipment. When the Equipment is not returned or is returned incomplete the liability of the Hirer shall only cease when the Hirer pays to the Owner the manufacturer’s current list price for the missing or incomplete item of Equipment. In the event that Equipment is manufactured to the Owner’s design the cost of the missing or incomplete item is the current price charged by the Owner to a customer who wishes to purchase that item of Equipment. The Hirer agrees to pay to the Owner all costs incurred by the Owner in rectifying the condition of the Equipment if it is returned damaged unclean or incomplete. Hire charges will continue until such rectification is complete.
12. Maintenance of Equipment and breakdown procedures
The Hirer shall ensure that the Equipment remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of Equipment must be immediately notified to the Owner. Under no circumstances shall the Hirer repair or alter the Equipment unless authorised by the Owner. Such Equipment must be returned to the Owner’s premises for examination or when rectification elsewhere is requested, the Hirer agrees to pay carriage if required by the Owner.
13. Safe use of the Equipment
The Hirer confirms that it has the necessary knowledge and experience to operate and use the Equipment. The Hirer will not misuse the Equipment. The Hirer will not allow any person to use the Equipment who is not properly instructed in its use and will ensure that all applicable health and safety rules and regulations are observed.
Where the Equipment comprises electrical equipment it must be connected to the correct supply by a qualified electrician. The Hirer is responsible for providing a suitable power supply for each item of Equipment.
14. Security of the Equipment
The Hirer shall not sell or otherwise part with possession and/or control of the Equipment and shall remain responsible for the Equipment and its safekeeping during the hire period. Equipment must not be removed without the authority of the Owner from the site specified by the Hirer if the Equipment is collected by the Hirer, or from the address to which the Owner has delivered the Equipment. The Hirer shall keep the site at which the Equipment is located safe and secure.
15. Hirer’s responsibilities – third parties
The Hirer shall fully and completely indemnify the Owner is respect of all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising from or in connection with the use of the Equipment and whether or not arising under statute or common law of from the negligence or breach of duty or other wrongful act or omission of the Owner or any of the Owner’s Employees.
16. Consequential losses
The Owner shall not be liable for any consequential expenses, liabilities, losses, claims or proceedings whatsoever caused by, or arising out of, the late delivery, non-delivery, unsuitability or repossession of the Equipment, or any breakdown or defect in the Equipment.
17. Insurance and notification of accidents
The Hirer shall be responsible for obtaining all prudent insurance cover, including third party liability and cover against loss or damage to the Equipment. The Hirer shall produce on demand to the Owner a copy of the policy or policies. The Hirer shall hold on trust for the Owner all policy proceeds in or towards satisfaction of the Hirer’s obligations under paragraph 11 above. If the Equipment is involved in any accident resulting in injury to persons or damage to property immediate notice must be given to the Owner by telephone and confirmed in writing. The Hirer shall not admit any liability or compromise any claim relating to the Equipment without the consent in writing of the Owner.
18. Period and determination of hire
If the Hirer is an individual within the meaning of the Customer Credit Act 1974 the maximum period of hire shall be 3 months.
The Owner shall be entitled at any time and for any reason whatsoever and without explanation to terminate with immediate effect he hire contract and to repossess the Equipment.
19. Right of access
The Hirer shall allow the Owner access to the Equipment at all reasonable times for the purpose of inspection, maintenance, replacement or repossession.
20. Invalidation
Should any of these terms and conditions be held to be invalid such invalidation will not affect the validity of the remaining terms and conditions.