TERMS & CONDITIONS of HIRE and SALE
Review the full terms of hire for woodwork units and machinery at Hire Wood Workspace in London.
1. General
1.1. Definitions:
The Hire Agreement/Contract is for the hire of the workspace, machinery, equipment and any materials and consumables ("Goods") detailed in the "hire agreement and invoice".
The Parties to the Hire Agreement/Contract are:
1.2. The individual, firm, company or other organisation hiring the Workspace, Machinery and Equipment herein known as the "HIRER".
1.3. hirewoodworkspace.co.uk (H.W.W.S.) with offices and workspace at unit 54, 39 and 4, DRCA Business Centre, Charlotte Despard Avenue, London SW11 5HD herein known as "HWWS".
Any condition deemed invalid will not affect other conditions. Nothing in the Contract is intended to limit a consumer's existing legal rights.
2. Hire Agreement/Contract
2.1. The Hire Agreement is not assignable and will only be issued when HWWS has received full payment including deposit from the HIRERs for the agreed hire period detailed in the invoice.
2.2. The Hire Agreement continues to be valid and the HIRER liable until such time as the HIRER has returned the workspace, machinery and equipment as received, in a clean and tidy condition to HWWS.
2.3. The Hire Agreement continues to be valid if HWWS and the HIRER agree an extension to the number of days agreed.
2.4. HWWS reserves the right to charge for cancellation. (please see 3)
2.5. Hire Agreements with individuals, partnerships and Companies shall not be for a period in excess of three months; the HIRER in these circumstances must return the Workspace, Machinery and Equipment before the last day of the three month period.
3. HIRER’s cancellation of Hire Agreement.
3.1. If the HIRER decides to cancel their hire, a request to cancel should be made in writing by e-mail or letter.
3.2. If the HIRER’s request is received more than 14 days prior to the Hire Agreement start date you will be entitled to a full refund, minus a £30 administration fee.
3.4. If the HIRER’s request is received during the hire, we are not able to offer you a refund or a transfer.
Please refer to the terms and conditions set out below.
4. HIRER’s Non-appearance during Hire Agreement
4.1. Non-appearance of the HIRER during the Hire Agreement for professional or personal reasons or illness does not provide the right to refunds or a transfer.
4.2. HWWS will consider all the circumstances and take such action that HWWS consider to be fair and reasonable. Please note that if alternative dates are offered there may be an additional administrative charge.
5.The Deposit is a returnable sum, the value to be set by HWWS.
5.1. The deposit is payable on confirmation of hire in advance to secure the booking for the HIRER and to confirm to HWWS of the HIRER’s intent.
5.2. The Deposit will be used against wilful or negligent damage or theft of the Machinery and Equipment used during the hire. (Please see 6.1)
5.3. The Deposit will be used against any balance outstanding by the hirer at the end of the hire.
5.4. The Deposit balance will be refunded upon return to HWWS of the workspace, machinery and equipment in a clean and undamaged condition as provided by the HIRER.
5.5. Deposit balances will be refunded by Online Banking or BACS transmission within 7 business days.
6. Damage Waiver
6.1. The Damage Waiver charge at £5 per day of the hire will be added to the contract unless the HIRER specifically requests otherwise.
6.2. With Damage Waiver, HWWS will not charge for blade re-sharpening or accidentally damaged repair to the Machinery and Equipment on its return to HWWS control, unless it is shown to be wilful or negligent damage.
6.3. If the HIRER does not take 'Damage Waiver' then condition 7.2 will be enforced.
6.4. Damage Waiver is not insurance for machinery or equipment loss or theft. 'Damage Waiver' will be invalidated where condition 10.2 is not adhered to.
7. Hire Fees and Charges
7.1. Hire Fees and Charges:
The hire fees and charges stated in the Invoice and Hire Agreement are for the duration of the Contract and include Saturdays, Sundays and Public Holidays. The deposit or additional charges are detailed in the Hire Agreement and or Invoice and are based on the current HWWS website price list which is subject to change from time to time.
7.2. Cleaning, re-sharpening and damage repair:
The HIRER will pay for required cleaning or re-sharpening except where appropriate conditions in 6.1 apply, breakages and damage repair.
7.3. 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
8. Payment of Invoice and Overdue Accounts
8.1. Invoice payment timing:
Invoice payment for the hire including the deposit and any other sums due are payable before control of the workspace is handed over.
8.2. Invoice payment method:
Invoice payment will be by Online Banking, PayPal (transaction fee applicable) or cash and need to be made in full before the start of the hire.
8.3. A payment schedule:
A payment schedule for longer hire periods can be requested by the the HIRER, if agreed by HWWS then a strict payment schedule will be agreed by both parties on when payment will need to be made. Each payment will need to be made on the agreed day or month before the relevant hire period has started. This agreed-upon timetable for when payments are due means no deferred payment or credit facility is extended to the HIRER, and consequently, the HIRER is required to vacate the workspace.
8.4. Overdue Accounts:
Invoice payment by the HIRER on time under the Contract is an essential condition of the Hire Agreement. Should any portion of an account become 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.
9 HIRER's Responsibilities
9.1. Inspection and receipt of Workspace, Machinery, Equipment and Goods:
The HIRER will sign the Hire Agreement (and Risk Assessment if applicable) to acknowledge receipt of the workspace hand over. Shortages must be agreed and noted on the Contract document. Equipment defects should be reported to HWWS immediately, and be confirmed by email.
9.2. 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.
9.3. Security and Return of Workspace, Machinery and Equipment:
The HIRER accepts responsibility for the workspace, machinery and equipment security until such time as the workspace, machinery and equipment has been returned to HWWS control, through handing back of the workspace keys and portable equipment to a HWWS representative. The HIRER will remain liable for ongoing hire charges and be responsible for the workspace and all within and in particular its security until the return has been agreed and confirmed. The HIRER undertakes not to sell or relinquish possession, alter, repair or modify it in any way.
9.4. Lost or stolen Equipment:
The HIRER agrees to ensure 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.
10. HWWS' Responsibilities
10.1. Hire rates:
HWWS will maintain the agreed hire rates for the duration of the Hire Agreement.
10.2. Safety and operating instructions:
HWWS will provide appropriate written and/or practical instruction in the safe and correct operation of the machinery, through;
10.3. Health and Safety:
HWWS will conduct a machinery induction for all new HIRERS who will be asked to complete a Risk Assessment Form, confirm their knowledge and ability to use the machinery and equipment involved; this will be part of the handing over process. All persons using the workspace should be competent and be aware of health and safety rules.
10.4. Testing and inspection of Machines and Equipment:
HWWS will test all machines or equipment before commencement of hire and will inspect and test where appropriate in accordance with relevant statutory requirements. If the machinery or equipment is damaged or needs to be repaired before commencement of the hire, HWWS will either substitute machines or equipment of similar specification or resolve to organise a repair in a fair and timely manor. If the machinery breakdown cannot be resolved without impeding on the hire period, HWWS will refund for the day or days in question or if able extend the hire. 10.5. Machines and Equipment breakdown during hire:
When the machinery or equipment is damaged or breaks down during the hire, HWWS will substitute machines or equipment of similar specification. and or resolve to organise a repair in a timely manor. If the cause of the damage was wilful or negligent damage of the machinery and equipment used during the hire then condition 5.2. is enacted
10.6. Use of Workspace, machinery and Equipment:
Following the Hirer’s agreed hire, HWWS will provide access to workspace, machinery and equipment on the day and time agreed and provide keys for access at the time and day agreed. If the cause of the damage was wilful or negligent damage of the machinery and equipment used during the hire then condition 5.2. is enacted
10.7. Returned Goods:
HWWS will arrange an appropriate credit where the HIRER returns in unused condition consumables sold for use with Equipment.
10.8. Limitation of liability:
The liability of HWWS for claims made by the HIRER does not extend to any unforeseeable financial loss caused by power loss, machinery breakdown and/or non-delivery of Equipment and/or consumables due to unsuitability, breakdown, stoppage or lawful repossession.
11. Hire Agreement Termination
11.1. HWWS may terminate the Hire Agreement 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.
12. HWWS ownership of Workspace, Machinery, Equipment and Goods.
12.1. The Workspace, Machinery and Equipment hired remain the property of HWWS at all times.
12.2. Ownership of goods and consumables purchased by the HIRER, only transfers to the HIRER when full payment is received by HWWS.
13. HWWS Third Party Conditions
13.1. When HWWS acts as managing agent for the sourcing of equipment, specific conditions may apply. The HIRER will be advised prior to Hire Agreement commencement of those conditions which will apply concurrently with these conditions.
14. Force majeure
14.1. HWWS shall not be liable for any failure or delay in the performance, in whole or part, of any or our obligations arising from or attributable to acts, events, omissions or accidents beyond our reasonable control including, but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or the workforce of any other party), act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, pandemics, epidemics or other outbreaks of disease or infection, failure in the public supply of electricity, heating, lighting, air conditioning or telecommunications equipment
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