Hire Terms & Conditions

Terms and conditions of Hire

INTERPRETATION.

In these conditions the following words have the following meanings: “Associated Company” means any group company or company that is a subsidiary company of either party from time to time and ‘subsidiary’ shall have the meaning set out in Section 736 of the Companies Act 1985 as amended by Section 144 of the Companies Act 1989. “Charges” means our current hire charges from time to time including any charges for the services during the Hire period. “Contract” means a contract created by the acceptance of the Order and which incorporates these conditions and any special conditions detailed in the Order made between you and us for the hire of the equipment and the provision of the services. “Deposit” means any advanced payment required by us in relation to cash hires for the equipment, which is to be held as security by us. “Equipment” means the equipment detailed in the order together as a whole hired by you as specified in the contract. “Force majeure” any event outside the party’s reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, government actions and any other similar events. “Hire period” means the period commencing when you hold the equipment on hire (including Saturdays, Sundays & Bank holiday Mondays) and ending upon any of the following events (i) you return the equipment to our possession; or (ii) we repossess or collect the equipment. “Liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs (including but without limitation all legal costs and disbursements) and any other losses and/or liabilities. “Order” means the purchase order containing the details of the contract. “Products” means products sold/hired by us to you. “Services” means the services and/or work (if any) to be performed by us for you in conjunction with the hire of equipment, including any delivery and/or collection service for the equipment. “We/Us/Our” means ‘Chill Out Refrigeration Hire’ detailed in the order and will include its employees,  and/or duly authorised representatives. “You” means the person, firm, company or other organisation hiring the equipment.

BASIS OF CONTRACT.

These conditions shall be incorporated in all contracts and shall be the sole conditions under which the Hire equipment and provision of the services takes place. All other terms, conditions and other representations are excluded for the contracts between you and us including and terms and conditions which you may purport to apply under any contract and these terms and conditions shall prevail.
The contract shall become binding when we have acknowledged the order to you either verbally or in writing as appropriate. These conditions shall be applicable to all repeat orders made by you unless we notify you otherwise.
The equipment is hired subject to it being available for hire at the time you request it. We will not be liable for any loss suffered by you as a result of the equipment being unavailable for hire.
You shall obtain and comply with all permissions, consents and licences required for the equipment under any statute, regulation or bylaw.

PAYMENT.

The amount of any deposit and charges are detailed in the order and are based on our current price list.
When a deposit is required for the equipment it must be paid before you hire the equipment.
Any additional charges or monies owed for minor damages or losses to equipment that is not covered by the hire insurance (e.g. under £150) then this will be deducted from any pre-paid deposit.
All charges are as stated. NO VAT is applicable.
Prompt payment under a contract shall be of the essence. Payments shall not be deemed to be made until we have received either cash or cleared funds in respect of the full amount outstanding. Bookings or reservations are made by an agreed deposit payment and the full balance of the hire charge and the damage waiver deposit need to be paid in full before collection or delivery of the equipment.
Without any prejudice to any of our other rights, if you fail to make a payment in full on the due date we may charge you interest (both before and after judgement) on the amount unpaid in accordance with the late payments of commercial debts (interest) act 1998 as amended and supplemented by the late payments of commercial debt regulations 2002 and/or to suspend further service to you or any of your associated companies.
You shall pay all sums due to us under this contract without any set-off, deduction, counterclaim and/or any other withholding of monies.

RISK, OWNERSHIP AND INSURANCE.

Risks in the equipment and/or products will pass to you immediately when the equipment leaves our physical possession.

Risk in the equipment will not pass back to us from you until the equipment is returned to our physical possession. Ownership of the equipment remains with us at all times. You have no right, title or interest in the equipment except that it is hired to you.

You must not deal with the ownership or any interest in the equipment. This includes but not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending.

Accidental damage, fire & theft insurance is included in the hire fee. There is a £150 excess fee applicable to any claim for the above and this is the responsibility & to be paid by the hirer. Chill Out Refrigeration Hire & the insurance cover provided is for the hired equipment only & does not cover any goods stored in the trailers in the event of breakdown or a theft. If you have valuable stock to be stored in the hired equipment this should be insured separately by you the hirer.

A stipulation of the hire insurance is the trailer be sited on delivery and both a wheel clamp & hitch lock be fitted to the trailer and these should only be removed from the trailer by ourselves on collection at the end of the hire period. Failure to adhere to these terms will invalidate the hire insurance.
 

DELIVERY & COLLECTION SERVICES.

Our trailers are only available for delivery & collection by us. It is not possible for the hirer to tow the trailers themselves due to various complications with legal towing & insurance limitations. If we agree to deliver or collect the equipment to and/or from you, we will agree a price calculated on distance.  Where we provide the service, the persons performing the services follow your guidance & are your responsibility. You shall be solely responsible for any damage, which occurs as a result of such persons following your instructions during the hire period, except to the extent that the persons performing the services are negligent.

You will allow and procure sufficient access to and from the relevant site and procure sufficient loading space, facilities, equipment and access to the power supplies and utilities for our employees to allow them to carry out services. You will ensure that the site where the services are to be performed is cleared and prepared before the services are due to commence. You will provide suitable access route for delivery and collection of the equipment with unrestricted entry and approach and supply and lay timbers or appropriate temporary foundations in a suitable position for loading and unloading and for the equipment to rest on. You will pay for any lifting or special apparatus required for the siting of the equipment. Equipment will be delivered by 4 wheel drive vehicle & out staff advise what is possible and not possible in terms of access and if instructed by you to access across and turf, garden or such like then any damage to such is solely your responsibility. If any services are delayed, postponed and/or cancelled due to your failure to comply with your obligations under the contract, you will be liable to pay additional standard charges from time to time for such delay, postponement and/or cancellation except where the delay is due to force majeure.

CARE OF EQUIPMENT.

You shall:

Not deface or remove any labels from and/or interfere with the equipment, their working mechanisms or any other part of them.
Take reasonable care of the equipment and keep them properly maintained and only use them for their proper purpose in a safe and correct manner in accordance with an operating and/or safety instructions provided to or supplied to you and any applicable law regulations (including and Institution of Electrical Engineers (IEE) regulations).
Notify us immediately and in any event within 24 hours after any breakdown, loss and/or damage to the equipment or of any accident resulting in death, personal injury or damage to the equipment.
Take adequate and proper measures to protect the equipment for theft, damage and/or other risks. It is a condition precedent to liability that the trailer be wheel clamped or hitch locked when not in transit unless it is being kept in a building that is totally enclosed & secure and of permanent brick, stone or timber construction & has doors kept locked by minimum of a patent 5 lever lock.
Notify us of any change of your address and upon our request provide details of the location of the equipment.
Permit us at all reasonable times to inspect the equipment including procuring access to any property where the equipment is situated.
Keep the equipment at all times in your possession and control and not to remove the equipment from the United Kingdom without prior consent.
Be responsible for the conduct and cost of any testing, examinations and/or check in relation to the equipment required by any legislation, best practice and/or operating instructions, except to the extent that we have agreed to provide them as part of any service.
Not do or omit to do anything, which will or may be deemed to invalidate any policy of insurance related to the equipment.
Not continue to use the equipment if it has been damaged or faulty
Where the equipment requires electricity ensure that the proper type and/or voltage is used and that, where appropriate, the equipment is properly installed by a qualified electrician or competent person.
You must return the equipment in good working order and condition (fair wear and tear excepted) in a clean condition together with all licences, registration and other documents relating to the equipment.
It is your responsibility to check the calibration of the equipment on each occasion before use. Final determination of the suitability of the equipment for your specific use is your responsibility and you must assume all risk and liability in this regard.

BREAKDOWN.

You shall be responsible for all expenses, loss (including loss of charges) and/or damage suffered by us arising from any breakdown of the equipment due to your negligence, misdirection and/or misuse of the equipment. In the event of a breakdown which is due to equipment fault then as soon as reported to us Chill Out Refrigeration Hire will endeavour to repair the fault as soon as possible or , if a repair cannot be carried out quickly we will replace the equipment as soon as possible. You must not repair or attempt to repair the equipment without prior written consent. If the equipment fails due to no fault of the hirer Chill Out Refrigeration Hire will at our own cost carry out all repairs to the equipment during the hire period. You will be responsible for the cost of all repairs necessary to the equipment during the hire period, which arise through negligence or accidental damage by you. In the event of any breakdown all efforts will be made to repair or replace the equipment ASAP. If in the event that a repair cannot be made and replacement equipment is not available then a full refund will be issued. We will also endeavour to help the hirer find an alternative supplier. However, please note that if we cannot repair or replace the equipment we are not responsible for any costs for replacement hire equipment or any other loses relating to equipment failure. All insurances & responsibilities are purely in regard to the hired equipment only.
 

LOSS, DAMAGE OR CLEANING CHARGES FOR THE HIRED GOODS.

If the equipment is damaged, unclean and/or defective state (except where due to fair wear and tear and/or an inherent fault in the equipment) you shall be liable to pay us for the cost of any repair and/or cleaning required to return the equipment to a condition fit for re-hire. All equipment is expected to returned in the same state of cleanliness as it was received. Any required cleaning charges will be deducted form the damage waiver deposit.

Accidental damage is covered by the included insurance but there is a £500 excess fee to be made on any claim. For any damage costs under this amount, you will pay us the replacement cost of any such equipment (on a new for old basis), which is lost, stolen and/or damaged beyond economic repair during the hire period. This will be deducted from your damage waiver deposit.

TERMINATION BY NOTICE.

If the hire period has fixed duration, subject to the provisions of section 10 neither party shall be entitled to terminate the contract before the expiry of that fixed period unless by agreement.  If the hire period does not have a fixed duration either party may terminate the contract upon giving to the other party any agreed period of notice.

DEFAULT.

If you;

Fail to make any payment to us when due, or breach the terms and conditions of the contract and, where the breach is capable of remedy, have not remedied the breach within 1 month of receiving notice requiring the breach to be remedied.
Persistently breach the terms of contract.
Provide incomplete, materially inaccurate or misleading facts and/or information In connection with the contract.
Attempt to pledge, charge or create any form of security over equipment.
Cease or threaten to cease to carry on business.
Being an individual or partnership, have a bankruptcy petition presented against you or compound with or come to an arrangement with your creditors, enter into an individual voluntary arrangement or suffer any similar action in any jurisdiction.
Being a company, enter into voluntary or compulsory liquidation, have an administrator or an administrative receiver appointed over all or any of your assets, or compound with or come to an arrangement with your creditors or enter into a company voluntary agreement, any attachment order is made against you, any distress, execution or other legal process is levied on any of your property or you suffer any similar action in any jurisdiction.
Appear reasonably to us due to your credit rating to be financially inadequate to meet your obligations under the contract.
Appear reasonably to us to be about to suffer any of the above events, then we shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out below.

If any of the events set out above occurs in relation to you then:-

      We may enter, without prior notice, any of your premises (or premises of third parties with their consent) where the equipment and/or products may be and repossess any equipment and/or products.

      We may withhold the performance of any services and cease any services in progress under this and/or any other contracts between you  (or any of your associated companies) and us (or any of our associated companies).

      We may immediately cancel, terminate and/or suspend without liability to you the contract and/or any other contract between you (or any of your associated companies) and us (or any of our associated companies).

      Credit period in relation to charges shall be accelerated and all sums, all monies owed by you (or any of your associated companies) to us under this contract or any other contract between you (or any of your associated companies) and us shall immediately become due and payable.

      Any repossession of the equipment and/or products shall not affect our right to recover from you (or any of your associated companies) any monies due under the contract or any other contract between you (or any of your associated companies) and us and/or any damages       in respect of any breach which occurred prior to repossession of the equipment and/or products.

      Upon termination of the contract, you shall immediately, at your expense returns the equipment to us or make the equipment available for us to collect and pay to us in full and cleared funds, all outstanding charges and/or sums payable under the contract or any other contract between us and you (or any of your associated companies).

LIMITATION OF LIABILITY.

All warrantees, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.

If we are found to be liable in respect of any loss or damage to your property, the extent of our liability will be limited to the retail cost of replacement of the damaged property.

Any defective equipment and/or products must be returned to us at your expense for inspection before we have any liability for defective equipment and/or products.

We shall have no liability to you if any charges or monies due in respect of the equipment, the services and/or products have not been paid in full and cleared funds by the due date for payments. We shall have no liability resulting from or contributed to by your continued use of defective equipment and/or products after a defect has become apparent or suspected or should reasonably become apparent to you.

We shall have no liability to you to the extent that you are covered by any policy or insurance, and you shall ensure that your insurers waive any and all rights of subrogation they may have against us.

We shall have no liability to you for any: -

Losses whether arising from breach of contract, tort (including but not limited to negligence), or otherwise and whether following naturally and directly from such breach, negligence or other cause
(a) Loss of revenue (b) Loss of profit (c) Loss of anticipated saving (d) loss of goodwill (e) Loss of reputation.
Economic and/or similar losses.
Special damages, indirect losses and/or consequential losses.
Business interruption, loss of business, contracts and/or opportunity.

Each of the limitations and/or exclusions in this contract shall be deemed to be repeated and apply as a separate provision for each of:

Liability for breach of contract.
Liability in tort (including negligence).
Liability for (b)

Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence nor exclude or limit any other type of liability, which is not permitted to exclude or limit as a matter of law.

GENERAL

You shall be liable for the act and/or omissions of your employees, agents, servants and/or sub-contractors as though they were your own acts and/or omissions under this contract.

You shall be responsible for compliance with all relevant legislations and regulations issued by Government or Local Authorities, including (but not limited to) health and safety at work act.

You agree to indemnify and keep indemnified us against any liability suffered by us and arising from or die to your breach of contract, tort (including negligence) and/or any breach of statutory duty and/or any claim from a third party for injury to a person or property arising from your use or storage of the equipment.

No waiver by us of any breach of this contract shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

If any provision of the contract is held by any competent authority to be unenforceable, in whole or in part, the validity of the other provisions of this contract and the remainder of the affected provisions shall be unaffected and shall remain in full force and effect.

These terms and conditions supersede and replace all prior terms and conditions, communications, warrantees, stipulations, undertakings and agreements whether oral or written between the parties.

All third-party rights are excluded, and no third parties shall have any rights to enforce the contract.

This contract is governed by and interpreted in accordance with English Law and the parties agree to submit to the exclusive jurisdiction of the English courts in relation to any matter or dispute arising out of or in connection with it (whether of a contractual or tortuous nature or otherwise).

We have the right to vary the contract, by giving you seven days written notice of such variation is a long form text area designed for your content that you can fill up with as many words as your heart desires. You can write articles, long mission statements, company policies, executive profiles, company awards/distinctions, office locations, shareholder reports, whitepapers, media mentions and other pieces of content that don’t fit into a shorter, more succinct space.