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Terms & Conditions
David Kirk-Jones
Chief Executive
CASCADE HIRE CENTRE

CASCADE HIRE LTD – CONDITIONS UNDER WHICH PLANT IS RENTED

1. DEFINITIONS & GENERAL

(a) “We” “CHC” or “our” means Cascade Hire Centre Limited (CHC) or any associated division or company (and its agents, servants or contractors).

(b) “The Hirer”, "you” or “your” shall mean the person entering into this contract and where the Hirer is entering into this contract on behalf on another entity, includes such entity.

(c) “Plant” means all equipment including tools, consumables, accessories and parts supplied to the Hirer.

(d) “Hire charges” means all rental charges, cartage charges, fuel, cleaning charges and all saleable and
consumable items not included in the hire rate.

(e) These terms and conditions and any other agreement with CHC can only be varied by our express acceptance in writing

(f) Any notice provided to be provided by CHC to the Hirer including notification of any alterations of these terms and conditions, shall be deemed to be delivered and received by the Hirer five days after posting of its last known mailing address

2 HIRE PERIOD

(a) Hiring commences at the time shown on the face of the hire agreement which is the time the Plant leaves our store and shall continue until the return of the Plant to our store or unti1 the expiry of the minimum hire period whichever occurs last.

(b) In the absence of special arrangement to the contrary, the Plant is hired on a daily rate Saturdays, Sundays and Holidays included. Our minimum hire is 5 hours from time of hire start. Our day hire is 24 hours from time of start.

(c) Conditions which prevent satisfactory operation of the Plant do not relieve you of your responsibility for rental charges.

(d) Notwithstanding 2(a) we shall be entitled with notice to terminate or suspend any hire period with you in the event of;

(i) You defaulting on any term or condition herein, or

(ii) Your actions, statements or conduct repudiates the contract by making it clear you do not intend to perform your obligations under it.

(In either event, all monies owing by you to us shall be immediately due and payable notwithstanding that the time(s) for payment is yet to arrive).

(e) Notwithstanding termination of the hire period, the Hirer shall be obliged to pay us a sum equivalent to hire fees at the rate specified herein it respect of any period from the date of termination on the hire period until the Plant is actually returned to the owners store in a fit condition for re-hire.

3. DELIVERY AND REMOVAL OF PLANT -

(a) Should we agree to deliver and collect the Plant:

(i) All cartage charges must be borne by you.

(ii) The Hirer authorises us to bring vehicle(s) onto his/her property to deliver
and recover the Plant at the end of hire. We shall not be responsible to the
Hirer or to the third parties for any damage that may be done to driveways
or underground services by reason of the weight of the vehicle.

(iii) Requests for collection must be made by telephone when the Hirer has
finished with the Plant

4. RISK

(a) Risk of the Plant shall pass to you upon commencement of the hire period. All tools and other Plant are used at your risk.

5. HIRING CHARGES AND PAYMENT

(a) Unless otherwise agreed by us, in writing, the price of the Plant hire and usage shall be our price ruling at date of dispatch.

(b) A cleaning charge will be made on all items unclean.

(c) You agree that all Hire Charges will be paid, and that all collection fees, legal fees or any other expenses involved in the collection of these charges will be borne by you. Interest may be charged on overdue accounts at the rate of 2.5% per month at our discretion.

(d) All Hire Charges shall be payable on completion of the Hire period. We reserve the right to interim bill any Plant hire where the hire will last more than 14 days. Normally the deposit required before hiring commences will exceed the estimated charges and an appropriate refund will be made to the Hirer on return of the Plant in good order and condition. Should the charges exceed the amount of the deposit, the balance is immediately payable by the Hirer on expiry of the hire period and return of the Plant.

(e) Where credit facilities have been granted by us, all accounts shall be paid no later than the 20th of the month following either date of invoice or completion of the hire period, whichever is the earlier.

(f) No payment shall be withheld for any disputed portion or an invoice/account unless full written details of the disputed portion are sent to us (within seven days of receipt of invoice) along with full documentation in support of the withheld portion.

(g) We shall be entitled at any time during the continuance of any credit arrangement to request such security or additional security as we shall in our discretion think fit and shall be entitled to withhold supply of any services or credit arrangements until such security is provided by you.

(h) In the even of your liquidation or bankruptcy we shall be at liberty to set off any funds owed by us to you against any payment due to you to us, whether it be by way of set off, counterclaim, credit note or otherwise.

6. CARE OF PLANT AND OWNERSHIP

(a) We make no warranty or representation as to the state, quality or fitness of the Plant for any particular purpose and no such warranty shall be implied from the description of the Plant on the face of this form.

All implied warranties and conditions as to the state, quality or fitness of the Plant for any purposes are hereby excluded.

(b) The Plant does not purport to be new stock or equal to new but when sent out as all items, are understood to be in good condition and fit for normal use.

(c) It is the Hirers responsibility to satisfy him/herself that the Plant be suitable for the work intended and

that it is used in a way that complies with all statutory requirements.

(d) The Hirer shall take proper care of the Plant and warrants that he/she is competent and qualified to use the Plant in the way for which it is designed.

(e) You shall be liable for any loss, theft, damage or destruction of any hired Plant. All Plant lost or damaged beyond repair will be paid for by you at the regular replacement price for all damaged.

(f) Breakdowns resulting from misuse shall not in any circumstances shorten the period of hire. We are not liable for any loss or liability suffered by you as the result of breakdown of the Plant however caused. In the event of a breakdown the Hirer must immediately notify us,

(g) Any Plant supplied by us to the Hirer whether in consideration of rental or free of charge shall remain the property of CHC. Whilst our Plant is in your possession you;

(i) Keep our Plant fully insured in the name of CHC against all risks of every usual description and such others risks as we may require from time to time.

(ii) Shall not attempt to sell, assign, mortgage, lend or otherwise deal with or part with the possession or control of our Plant or any part thereof.

(iii) Give us irrecoverable leave and license at any time without notice to enter all premises or tend (as the agent of the Hirer) at which we, on reasonable grounds believe the Plant to be stored, to inspect, remove, or repossess the Plant supplied by us. We will not be responsible to the Hirer for any loss arising at a result of such action. You shall also indemnify us against any liability against any third party suffered by us as a result of such actions.

7. NO ASSIGNMENT OF HIRE AGREEMENT

(a) This agreement is personal to the Hirer and is not capable of assignment by the Hirer. However, this Clause shall not prevent employees of the Hirer using the Plant in conformity with this agreement.

(b) Notification and acceptance of an assignment of this agreement or revocation of an agent’s authority shall not be deemed delivered and accepted by us unless we confirm the same in writing. You shall advise us of any alteration to the Hirer’s entity structure and/or of any revocation of an agent’s authority to contract. Until such written confirmation is received from us, you shall remain liable for any indebtedness and our conduct shall not be deemed acceptance or affirmation of an assignment or revocation.

8. LIABILITY

(a) We shall not be liable for;

(i) Any minor variation in product specifications including but not limited to colour or design, which may occur from time to time; or

(ii) Any loss of profits; or

(iii) Any consequential, indirect or special loss; or

(iv) Damage, injury, cost or loss of any kind arising directly or indirectly as a result of the Hirer’s use of the Plant or from any breach of our obligations to the Hirer however occurring including any negligence on the part of us.

(b) Where we are liable to the Hirer, unless otherwise agreed in writing between the Hirer and us, the maximum cost of any liability we may have to the Hirer however arising shall not exceed the lesser of;

(i) The contract price; or

(ii) The value of the Plant hire which is the subject of the claim.

(c) Furthermore, the Hirer will indemnify us against any claim by a third person in respect of any loss, injury or liability arising from this hiring or arising out of the use of the Plant by the Hirer.

9. PRIVACY ACT INDEMNITY

(a) The Hirer warrants that all information provided to us has been collected in accordance with the principles of the Privacy Act 1993 and that any third party has authorised the use or disclosure of any personal information in any way deemed necessary by us for the purpose of carrying out the service requested by you. You further undertake to indemnify us against any claims arising from any action taken by us on your behalf.

(b) PRIVACY ACT CONSENT

I understand this information is being collected in accordance with the Privacy Act 1993 and that I/we have rights of access to and correction of personal information held by CHC. I/we acknowledge that the above information is to be used by CHC for all purposes needed to provide goods and/or services to me/us on credit including;

(i) Considering this application and the subsequent operation of the account by me/us once approved.

(ii) Assessing my/our credit worthiness including my/our position if I/we fall in arrears.

(iii) Assisting me/us to meet my/our credit obligations; and

(iv) Notifying other credit providers, credit reporters or debt collection agencies of any information relating to the subsequent operation of this account including any default by me/us.

(v) Marketing of future goods and services.

I/we irrevocably authorise CHC at any time to obtain from, or provide to, any third party (including credit reporting and debt collection agencies) any information (including adverse information) that CHC may require to achieve the above purposes.

10. CONSUMER GUARANTEES ACT 1993

(a) Nothing in these terms of trade excludes, limits or restricts or is intended to derogate from any right or remedy which you may have pursuant to the Consumers Guarantees Act 1993 (“the CGA”), if the Hirer is a consumer as defined in the CGA. However, the guarantees contained in the CGA 1993 are expressly excluded where you acquire goods or services from us for the purposes of a business.


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