PSE Terms of Hire
6.2 You will be responsible for ensuring that the Site is firm and level and there will be free unrestricted, appropriate, and safe access for our delivery vehicle and Equipment to be delivered, collected, serviced, loaded or unloaded alongside the delivery vehicle.
|7 Use, Maintenance and repair
7.1 The Equipment must be:
7.1.1 properly maintained and kept in good order and condition at all times by you;
7.1.2 used in accordance with any relevant instructions, procedures, permissions, licenses, consents or statutory regulations;
7.1.3 properly supervised where the young, elderly or mentally or physically disabled (whether temporarily through drink or drugs or otherwise) are or are likely to use the Equipment and if you fail to abide by this
term you will be responsible for making good any damage or loss to the Equipment and any third party’s property which occurs as a result of this failure.
7.2 If the Equipment fails to work satisfactorily you must notify us immediately, ensure that it is not used until we have confirmed that it is fit for use, and must not attempt to repair it unless we agree to this in Writing.
7.3 The Equipment must be returned to us in the same condition as it was when it was delivered to you (except for fair wear and tear and damage resulting from inherent defects). You will be given 48 hours to view the Equipment prior to cleaning and/or repair after we have notified you of any breach of this clause. You are responsible for any costs incurred in cleaning or repairing the Equipment (including any lost hire fee revenue or costs of obtaining alternative equipment while the Equipment is out of action).
7.4 We shall service wash stations, showers, toilets and similar equipment weekly, or as otherwise agreed in Writing, and sufficiently to allow its continued use in accordance with our instructions.
7.5 You must not use or allow the Equipment to be used after the termination of the hire period. We will be entitled to charge additional hire charges and any reasonable expenditure we incur resulting from any such unauthorised use.
7.6 You will not remove, deface, alter or cover up our name plate or mark on the Equipment which indicate that it is our property.
7.7 You will not remove, deface, alter or cover any notices giving warnings, information or instructions about the use of the Equipment.
8 Your responsibility for the Equipment and its insurance
8.1 You are responsible for the safety, safe keeping and return of the Equipment from the time of delivery by us until it is collected by or returned to us and we have issued an unqualified receipt for it. If you collect the Equipment, your responsibility commences at that point and finishes once you return it or we collect it and we have issued an unqualified receipt.
8.2 The Equipment shall be insured against all risks at a full new for old replacement value by you and our interest shall be noted on the policy. If there is a payment as a result of a claim under such policy then the payment is to be made to us, and will be held by you in a separate bank account on trust for us until this occurs.
8.3 In addition to being responsible for the replacement value you are also responsible for any lost hire charges and reasonable costs (e.g. from having to obtain Equipment to comply with other hire contracts) that we suffer as a result of the Equipment not being available for us to hire.
8.4 You must indemnify us against any liability which we incur which arises during a period when the Equipment is your responsibility save to the extent that it is caused by any negligence or breach of these Terms on our part. Details must be given to us of any incidents which could give rise to a claim relating to the Equipment.
9 Our and Your responsibility for testing and compliance with laws
9.1 We will ensure that all Equipment is safe for use on the date that it is delivered to (or collected by) you. We will also ensure that any necessary testing has taken place prior to delivery (or collection by you).
9.2 You are responsible for ensuring that any checks, testing and examinations of the Equipment required by Employment and Health & Safety legislation, and/or any operating instructions we provide are carried out after this. You will also be responsible for any liability incurred by us as a result of your failure to do this.
10 Smoke Free Law
10.1 For the purpose of the smoke free legislation, you control and manage the Equipment under the Contract.
10.2 You must comply with the smoke free legislation.
10.3 You will indemnify us for any loss or damage caused to us by you failing to comply with the smoke free legislation.
11 Warranties and our liability
11.1 We warrant that the Equipment is in good working order.
11.2 Should any defect occur in the Equipment, other than one for which you are responsible, we will at our option either replace or repair the Equipment (at no charge to you) as soon as is practical. We shall not replace, repair or service any Equipment until any outstanding hire charges have been paid.
11.3 We shall not be liable to you for:
11.3.1 any delays in availability or delivery (in circumstances where we have accepted responsibility for delivery) of Equipment caused by matters beyond our control; or
11.3.2 any damage caused to any paving, ground surfaces, vehicles, building or other feature on Site, during delivery, servicing or collection, whilst acting under the instruction of you or your agents or where delivery is made without instruction in accordance with clause 6.4.
12 Other terms and limits on liability applying to Business Users
12.1 PLEASE NOTE THIS CLAUSE DOES NOT APPLY WHEN YOU HIRE THIS EQUIPMENT AS A CONSUMER AND NOT FOR BUSINESS USE.
12.2 Subject to clause 11.3, all warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.
12.3 We do not limit or exclude our liability for death or personal injury resulting from our negligence.
12.4 If we are found liable in respect of any loss or damages to your property the extent of our liability will not exceed the retail cost of replacement of the damaged property.
12.5 We will not have any liability to you for any:
12.5.1 consequential losses (including any loss of profits and/or damage to goodwill);
12.5.2 economic and/or other similar losses;
12.5.3 special damages and indirect losses;
12.5.4 business interruption, loss of business and/or opportunity;
12.5.5 delay in availability or delivery (where we are responsible for delivery) of the Equipment.
12.6 Total liability to you under and/or arising in relation to any Contract shall not exceed 5 times the amount of the hire charges for the Equipment under the Contract or the sum of £1,000 which ever is the higher [if any liability of us to you would be met by any insurance that we hold then our liability shall be extended to the extent that such liability is met by such insurance].
12.7 Each of the limitations and/or the exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:
12.7.1 Liability for breach of contract;
12.7.2 Liability in tort (including our negligence);
12.7.3 Liability for breach of statutory duty;
Except clause 11.6 above which shall apply only once in respect of all of these types of liability.
12.8 You will pay all sums due to us under the Contract without any set-off, deduction, counterclaim and/or any other withholding of money.
13.1 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.
13.2 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected thereby.
13.3 Any dispute arising under or in connection with these Terms or the hire of the Equipment shall be subject to the Jurisdiction of the English Courts.
13.4 The Contract shall be governed by the laws of England.
© Portable Sanitation Europe September 2007
Portable Sanitation Europe
P O Box 5847, Sutton Coldfield