NWL Honeywagon Co. LTD Spittal Farm, Gartocharn, Alexandria, Loch Lomond, G83 8RR Terms and Conditions 2020
Conditions the standard terms and conditions set in this document including any special terms agreed in writing between Us and You Consumer an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession Contract the contract concluded between Us and You for the hire of the Equipment Equipment the mobile toilets (including all fixtures and fittings and any other equipment) details of which are set out in the Hire Form or otherwise confirmed in writing to be hired by You for the Period Hire Charges the charges for the hire of the Equipment as set out in any quotation price list or otherwise confirmed in writing by Us (including any additional transportation or other charges levied by Us in respect of the delivery of the Equipment or the return or collection of the Equipment after the expiry of the Period) excluding VAT Period the period of hire of the Equipment as set out in any quotation or otherwise confirmed in writing by Us or where not confirmed in writing from the date of delivery of the Equipment until the day following termination of the Contract in accordance with clause 3.2 Site the place for the delivery of the Equipment as set out in any quotation or otherwise confirmed in writing by Us We/Us/Our NWL Honeywagon Co. LTD t/a Honeywagon Co. whose registered office address is at Spittal Farm, Gartocharn, Alexandria, Loch Lomond, G83 8RR You/Your the person or party who agrees to hire the Equipment
CONDITIONS APPLICABLE AND PERIOD OF HIRE
We will let and You will hire the Equipment for the Period and any extensions agreed in writing subject to these Conditions which will govern the Contract to the exclusion of any other terms and conditions. No variation to these Conditions shall be binding unless agreed in writing. Any representations made by Us our employees or agents concerning the provision of the Equipment shall not be incorporated into the Contract unless confirmed by Us in writing and in entering into the Contract You acknowledge that You do not rely on and waives any claim for breach of such representations which are not so confirmed. Any typographical clerical or other error or omission in any sales literature quotation price list acceptance of offer invoice or other documentation or information issued by Us shall be subject to correction without any liability on Our part. Any quotation given by Us may be withdrawn at any time and in any event shall be subject to availability of the Equipment. You acknowledge that it is not intended that the Contract will be subject to the Consumer Credit Act 1974. If you are a Consumer or partnership the Period shall not in any event exceed 84 days. We reserve the right to make changes in the specification of the Equipment or to supply suitable alternative equipment. You shall be entitled to sub-let the Equipment subject to the provisions contained herein and subject to You fully indemnifying Us in accordance with the provisions set out in clause 5. You shall inspect the Equipment (or ensure that the Equipment is inspected) on delivery and record any damage to or defect with the Equipment on the delivery note. You shall within 24 hours notify Us of any alleged defect or damage. If You fail to comply with these provisions the Equipment shall be conclusively presumed to have been delivered free from any defect or damage which would be apparent on a reasonable examination of the Equipment.
ORDERS AND CANCELLATION
No order form shall be deemed to be accepted by Us until signed by Our authorised representative. Except where otherwise confirmed in writing either You or We shall be entitled to terminate the Period by notifying the other by telephone by no later than 4.30pm on any normal working day (Monday to Friday). In such circumstances the Period shall be deemed to terminate at the end of that day (save that you shall remain responsible for the safekeeping of the Equipment until it has been collected). Any times and/or delivery or collection dates quoted or given by Us are approximate only. We shall be entitled to increase the Hire Charges by giving You at least 10 days’ written notice of such increase. If You are a Consumer you have a legal right to change your mind and cancel the Contract by notifying us in writing within 14 days of the Contract being entered into and receive a refund of any Hire Charges (subject to clause 3.6 below). We shall arrange for collection of the Equipment from You (if already supplied). In the event that You cancel the Contract pursuant to clause 3.5 above We will deduct from any refund owed to You the cost of any hire that has already been provided to you and the direct cost to Us of collection of the Equipment after Your cancellation. Save as otherwise provided no order which has been accepted by Us may be cancelled by You except with Our agreement in writing and on the terms that You shall at Our discretion indemnify Us in full against all loss (including loss of profit and the costs of all labour and materials used) and damages charges and expenses incurred by Us as a result of such cancellation. Except in the circumstances set out herein in the event of any failure of the Equipment you shall be entitled to a rebate of the Hire Charges in respect of the affected Equipment pro-rated to the period in which use of the affected Equipment is suspended.
YOUR OBLIGATIONS AND RESPONSIBILITIES
You shall ensure that the conditions at the Site are suitable for the Equipment and in particular (and without limitation) You shall ensure that: the location at the Site where the Equipment is to be situated shall be level with sufficient solid standing to bear the load of the Equipment and the weight of any motor vehicles used by Us in delivering servicing and collecting the Equipment. suitable access is available for the delivery servicing and collection of the Equipment free from all obstructions (e.g. overhead trees or hedges). suitable arrangements are made at the Site to ensure that any buried pipes or other concealed services do not sustain damage as a result of the transport use erection/installation and/or servicing and/or dismantling/removal of the Equipment. all necessary arrangements are made at the Site for the provisions and installation of any connections required to mains services (unless otherwise agreed in writing). If we are unable to deliver the Equipment as a result of any default by You then without prejudice to any other right or remedy available to Us We may: store the Equipment until actual delivery and charge You the reasonable costs (including transportation and insurance) of storage or cancel the Contract and/or suspend the provision of any further Equipment on hire to You and charge You for any additional costs incurred by Us insofar as such costs are not met by any cancellation fees payable hereunder. You acknowledge that the Hire Charges are based on a maximum time for delivery servicing and collection of 15 minutes per toilet. In the event that additional time is required for delivery servicing and collection arising from inadequate instructions provided by You or unsuitable site conditions and/or soft ground due to inclement weather or any other conditions and/or restricted access then without limitation to any other right or remedy available to Us We shall be entitled to charge You the additional rate of £30 per hour (or part thereof) plus VAT and such charges shall be added to the Hire Charges You acknowledge that We shall not be responsible for making good or repairing any damage to the Site howsoever caused. You shall comply with all instructions given by Us in respect of the use of the Equipment by You or third parties and You shall not (nor permit others) to reposition dismantle adjust modify or attempt to repair the Equipment without Our prior written approval. You will obtain all permissions consents and licences required for the Equipment under any statute regulation or bye-law and comply with any relevant conditions imposed. You shall be responsible for ensuring that the Equipment is available for collection as may be required by Us and that on collection the Equipment is in the condition prevailing at the commencement of the Period.
INSURANCE AND INDEMNITY
You shall be responsible for and hereby indemnify Us against any damage sustained to the Equipment during the Period (and any extension thereof) and any period from termination of the Contract and collection of the Equipment. You will indemnify Us against any and every expense liability financial loss claim or proceedings whatsoever and in respect of any death or personal injury whatsoever or damage to or loss of property whatsoever arising out of the delivery use non-use repossession servicing collection or return of the Equipment or any part of it. This indemnity will be reduced in proportion to the extent that such expense liability financial loss claim or proceedings or death or personal injury or damage to or loss of property is due to Our negligence. In the event of an accident involving the Equipment and in respect of any claim not within Your agreement to indemnify Us as set out in the Conditions You shall: not make any admission of liability notify Us as soon as reasonably practicable and in any event within 24 hours of the occurrence of the accident supply such information and assistance in connection with the accidents as We may require You will hold upon trust for Us on demand all money You receive from any insurance company or from any other source in settlement of any claim relating to the loss theft or damage of any of the Equipment. You will pay us all costs we incur and rectifying any Equipment returned damaged or unclean. Additionally You will pay for our financial loss until such rectification is complete.
HIRE CHARGES AND PAYMENT
Subject to any special terms agreed in writing between Us and You We will be entitled to invoice You for the Hire Charges and VAT at the rate prevailing on the date of Our invoice before on or at any time after the commencement of the Period. Subject to any special terms agreed in writing between Us and You, You shall pay the Hire Charges and VAT either on receipt of Our invoice or (if specifically notified by Us) within 28 days of the date of the invoice (the “Due Date”) unless we have made written demand for immediate payment following your failure to pay any sum due to us whether under this Contract or otherwise by its due date in which case payment will be due immediately on receipt of that demand. Time of payment of the Hire Charges and VAT shall be of the essence of the Contract. If You fail to make payment on the Due Date then without prejudice to any other right or remedy available to Us We shall be entitled to: cancel the Contract and/or suspend the provision of any further Equipment on hire to You (at our sole discretion); and charge You in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998, the Late Payment of Commercial Debts Regulations 2013 or such equivalent legislation. demand immediate payment of all sums due or to fall due to us from You whether under this Contract or otherwise. Without prejudice to any other right or remedy available to Us We shall be entitled to levy an administration charge representing our estimate (decided at our sole discretion) of our reasonable administrative costs incurred if at any time a cheque paid to Us is dishonoured or You default on a payment owing to Us. Furthermore in the event that proceedings are issued as a result of any default by You We shall be entitled to recovery of such reasonable administrative sum along with any costs as have been incurred by Us in issuing such proceedings.
WARRANTIES AND LIABILITIES
We warrant that the Equipment shall be delivered to You in a clean and tidy condition. We shall be under no liability under any warranty condition or guarantee if the Hire Charges and VAT have not been paid by the Due Date. We shall not be liable to You by any reason of any representation or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims through consequential compensation whatsoever (and whether caused by the negligence of Our employees subcontractors or agents or otherwise) which arise out of or in connection with the supply of the Equipment except as expressly provided in these Conditions. Our liability hereunder for any delay in performing or failure to perform any of Our obligations in relation to the provision of the Equipment shall be limited to the excess (if any) over the Hire Charges of the cost to You in the cheapest available market for the supply of similar equipment to replace the Equipment. Nothing contained herein is intended to nor will limit Our liability in respect of death or personal injury caused by Us or Our employees subcontractors or agents.
Without prejudice to any other right or remedy available to Us We shall be entitled to cancel the Contract or suspend any further performance under the Contract without any liability on Our part to and if the Equipment has been provide on hire to You but not paid for then the Hire Charges and VAT shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary in the event that: You make any voluntary arrangement with creditors or become subject to any administration order or (being a Consumer or a firm) become bankrupt or (being a company) go into liquidation (otherwise then for the purposes of amalgamation or reconstruction) an encumbrancer takes possession or a receiver is appointed over any of Your property or assets You (not being a Consumer) cease or threaten to cease to carry on business You breach any of the Conditions We reasonably apprehend that any of the events mentioned above is about to occur in relation to You and notify You accordingly We would ask that You notify us of any problems with the Equipment as soon as possible so We can investigate and if required send replacement equipment. If You are a Consumer You have the right to reject the Equipment if it is does not conform to the Contract within 30 days of the Equipment being delivered to You and You may be entitled to a refund.
Save as otherwise provided herein neither party shall be liable for any default due to any act of God nor strike lock-out industrial action fire flood drought tempest or any other event beyond the reasonable control of either party.
If You have any general queries about the Contract or the Equipment You can contact Us at any time during standard office hours using our office number 01360 828 824. Please be aware that all calls made or received to or by Us to our office number are recorded for administrative purposes. Where these Conditions specify that You must contact Us in writing You must write to Us at our registered office address (set out above).
We may perform any of Our obligations or exercise any of Our rights hereunder Ourselves or through Our employees agents or suppliers Any reference in these conditions to any provision of a statute shall be construed as reference to that provision as amended re-enacted or extended at the relevant time. The headings in these Conditions are for convenience only and shall not effect their interpretation No waiver by Us of any breach of the Contract by You shall be considered as a waiver of any subsequent breach of the same or any other provision. No failure by Us to exercise any power given to it or to exist upon the strict compliance by You with any obligation hereunder and no custom or practice of the parties at variance with the terms hereof shall constitute any waiver of any of Our rights under this Contract. If any provisions of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby If you are a Consumer Your statutory rights are unaffected by these Conditions. Any notice given hereunder must be given in writing Except as otherwise provided nothing in this Contract shall confer on any third party any benefit or the right to enforce any term of this Contract. The Contract shall be governed by the Laws of Scotland and subject to the jurisdiction of the Scottish Court.