The Contract is for the hire of items, accessories and workspace ("Machinery, Equipment and workspace") and the sale of 'resale' goods ("Goods") detailed in the Contract, and the parties to the Contract are:
i. the person, firm, company or other organisation hiring the Equipment and/or purchasing the Goods ("Hirer").
ii. H.W.W.S. Partnership (www.hirewoodworkspace.co.uk) with offices at unit 4, DRCA Business Centre, Charlotte Despard Avenue, London SW11 5HD ("HWWS").
Any condition deemed invalid will not affect other conditions. Nothing in the Contract is intended to limit a consumer's existing legal rights.
b. Extent of Contract and Cancellation
The Contract is not assignable and is effective when HWWS accepts the Hirer's detailed order. HWWS reserves the right to charge for cancellation. Hires to individuals or partnerships of individuals (or other unincorporated body of individuals) shall not be for a period in excess of three months; the Hirer in these circumstances must return the Equipment before the last day of the three month period.
HWWS may terminate the Contract and repossess machinery and/or equipment without affecting any rights to recover monies due, damages for breach of contract or other remedies where the Hirer is in breach or is involved in insolvency or liquidation proceedings.
d. Ownership of Equipment and Goods
Machinery and/or Equipment hired remain the property of HWWS at all times. Ownership of goods purchased transfers only when full payment is received by HWWS.
e. HWWS One Call Conditions
When HWWS acts as managing agent for the sourcing of Equipment specific conditions may apply. The Hirer will be advised prior to Contract commencement and those conditions will apply concurrently with these conditions.
2. Hire Charges
a. Basis of charging
The stated hire charges in the Contract are for the duration of the Contract and include Saturdays, Sundays and Public Holidays. The amounts of any deposit or charge are detailed in the Contract and are based on the current HWWS website price list which are subject to change from time to time.
b. Transport charge
Delivery and collections including attempted calls are chargeable. If Equipment is not available or only partially available for collection then the Hirer will be charged for each journey.
Deposits are set by HWWS at amounts reasonably required and will be offset against any monies due. Where a Deposit is required for the Machinery, Equipment and Workspace it must be paid by the Hirer before the hire period or at such time as stated by HWWS. Deposit balances are refunded upon return to HWWS of the Machinery, Equipment and workspace in good condition. Balances of deposits paid by cheque will be refunded by cheque or BACS transmission within 7 business days.
d. Cleaning, re-sharpening and damage repair
The Hirer will pay for required cleaning or re-sharpening and, except where appropriate conditions in 4(a) apply, breakages and damage repair.
e. Loss of Equipment
HWWS will treat Machinery and/or Equipment unavailable for inspection after reasonable notice as lost and the Hirer will pay a penalty charge for Equipment replacement and revenue loss. Hire charges accrue until full settlement is made.
a. Payment Terms
If HWWS has granted a credit account to the Hirer then payment of any charges or any other sums due under the Contract, including VAT, shall be made in full cleared funds by the end of the month following the date of the invoice. Where a credit account has not been granted then payment of any charges or any other sums due under the Contract shall be made with the Hirer's order for the Equipment or Goods. Payment by the Hirer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to have been made until HWWS has received cleared funds or cash.
b. Invoice Queries
The Hirer should notify HWWS of any queries concerning invoices in writing within 14 days of the invoice date. HWWS will not grant an extension to credit account payment terms for unresolved invoice queries that have been notified after 14 days have elapsed from the invoice date.
c. Overdue Accounts
Should any portion of an account fall overdue then the total account will become due on demand. The Hirer will be liable for reasonable legal charges incurred by HWWS in the recovery of amounts due, Equipment and/or Goods. In addition HWWS may charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1988 at Bank of England base rate plus 4% and/or may suspend further services to the Hirer.
d. Credit Limits
Where HWWS has granted a credit account to the Hirer, HWWS may set a reasonable credit limit. HWWS reserve the right to terminate or suspend the Contract if allowing it to continue would result in the Hirer exceeding his credit limit or the Hirer has already exceeded his credit limit.
4. Damage Waiver Option
a. Damage Waiver
The 'Damage Waiver' charge at £5 per day of the hire charge will be added to the contract unless the Hirer specifically requests otherwise. Under 'Damage Waiver' HWWS will waive any further charge for rectifying accidentally damaged on returned Machinery and Equipment to HWWS control. If the Hirer does not take 'Damage Waiver' then condition 2(d) will be enforced. 'Damage Waiver' is not an insurance for machinery or Equipment loss or theft. 'Damage Waiver' will be invalidated where condition 5(d) is not adhered to.
5. Hirer's Responsibilities
a. Inspection and receipt of Equipment and Goods
The Hirer will sign to acknowledge receipt at delivery/handover. Shortages must be agreed and noted on the Contract document. Equipment defects should be reported to HWWS immediately by telephone.
b. Delivery/collection of Equipment and Goods
The Hirer will provide adequate delivery and collection access. Equipment transported in the Hirer's own vehicle is at the Hirer's risk.
c. Security of Equipment
The Hirer accepts responsibility for Equipment security until its collection by or return to HWWS and undertakes not to sell or relinquish possession, alter, repair or modify it in any way.
d. Safe use of Equipment and breakdown procedure
The Hirer is responsible for the safe and correct operation of Machinery and Equipment (to conform to relevant legislation and HWWS operating and safety instruction) by competent persons not under the influence of alcohol or drugs and for its constant supervision while operating. The Hirer will immediately notify HWWS of any Machinery and Equipment breakdown or shortcoming without attempting a repair. The Hirer will ensure any non-HWWS Equipment used in conjunction with or attached to the Machinery and Equipment also conforms to safety requirements.
e. Return of Workspace, Machinery and Equipment
The Hirer accepts responsible for the Workspace (Address as stated on the Contract) Machinery and Equipment until such time as the Workspace, Machinery and Equipment has been returned to HWWS control, through handing back of the Workspace keys and Equipment to a HWWS representative. The Hirer will remain liable for ongoing hire charges and responsible for the Equipment, and in particular its security, until the return has been agreed and confirmed.
f. Lost or stolen Equipment
The Hirer agrees to insure Equipment on a full replacement basis against the risks of loss, theft and damage beyond economic repair and on demand to pay to HWWS any insurance claim proceeds. This liability is without prejudice to any HWWS rights under the Contract. Replacement equipment purchased with insurance claim proceeds is the property of HWWS.
6. HWWS' Responsibilities
a. Hire rates
HWWS will maintain the agreed hire rates for the duration of the Contract.
b. Safety and operating instructions
HWWS will provide appropriate written and/or practical instruction in the safe and correct operation of Equipment.
c. Testing and inspection of Equipment
HWWS will comprehensively test all electrical Equipment before commencement of hire. Equipment will be inspected and tested where appropriate in accordance with relevant statutory requirements and if Equipment needs to be recovered from the Hirer for such purposes HWWS will substitute items of similar specification.
d. Use of Workspace, machinery and Equipment.
Following the Hirer’s request, HWWS will endeavour to provide access to Workspace, Machinery and Equipment on the day agreed and provide keys for access, as needed wherever possible.
e. Returned Goods
HWWS will arrange an appropriate credit where the Hirer returns in unused condition Goods sold for use with Equipment.
f. Limitation of liability
The liability of HWWS for claims made by the Hirer does not extend to any unforeseeable financial loss caused by late or non-delivery of Equipment and/or Goods, unsuitability, breakdown, stoppage or lawful repossession.
Subject to the above HWWS will be liable for negligence or error in the performance of its obligations under the Contract.