Terms of Hire

1. Interpretation

Consumer

an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession.

Commercial Terms Schedule

the schedule or letter issued by the Supplier to the Customer, setting out the commercial terms agreed between the parties.

Contract

a contract which incorporates these conditions and the Commercial Terms Schedule and made between the Customer and the Supplier for the hire or sale of Goods.

Customer

the person, firm, company or other organisation hiring Hire Goods or purchasing Sale Goods.

Deposit

any advance payment required by the Supplier in relation to the Hire Goods which is to be held as security by the Supplier.

Force Majeure

any event outside a party's reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions and any other similar events.

Goods

any machine, article, tool, digital content and/or device together with any accessories specified in a Contract which are hired or sold to the Customer.

Hire Goods

any Goods which are hired to the Customer.

Hire Period

the period of hire, as set out in clause 5.

Rental

the Supplier's charging rate for the hire of the Hire Goods which is current from time to time during the Hire Period.

Supplier

Scaffold Tower Rental Ltd at the address stated at the end of these terms.

Total Loss

the Hire Goods are, in the Supplier's reasonable opinion or the opinion of its insurer(s), damaged beyond repair, lost, stolen, seized or confiscated.

2. Basis of Contract

These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.

The Order shall only be deemed to be accepted when the Supplier issues a written acceptance of the Order, at which point the Contract shall come into existence.

Any samples, drawings, descriptive matter or advertising produced by the Supplier and any descriptions or illustrations contained in the Supplier's catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods referred to in them. They shall not form part of the Contract nor have any contractual force.

Nothing in the Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a Consumer.

3. The Goods

The Goods are as described in the Specification. The Supplier reserves the right to amend the Specification if required by any applicable statutory or regulatory requirement, and the Supplier shall notify the Customer in any such event.

The Supplier may change the Goods provided to the Customer to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not adversely affect the Customer's use of the Goods.

The Supplier may also make more significant changes to the Goods, but will notify the Customer if any such significant changes are made and, if the Customer is a Consumer, and the change has an adverse impact on the Consumer's use of the Goods, the Consumer may then contact the Supplier to end the Contract and will receive a full refund.

4. Hire of Goods (Rental Agreement)

The Supplier shall hire the Hire Goods to the Customer subject to the terms and conditions of the Contract.

The Supplier shall not, other than in the exercise of its rights under the Contract or applicable law, interfere with the Customer's quiet possession of the Hire Goods.

Where the Customer is a Relevant Individual, the Hire Period shall commence on the Hire Start Date and shall end on the earlier of (i) the date specified in the Commercial Terms Schedule; or (ii) the last day of the 3 month period commencing on the Hire Start Date. As the Hire Period to Relevant Individuals is no longer than 3 months, the hire of any Hire Goods is not covered by the Consumer Credit Act 1974.

Where the Customer is not a Relevant Individual, the Hire Period shall commence on the Hire Start Date and shall end on the date specified in the Commercial Terms Schedule.

On the Hire End Date the Customer shall physically return the Hire Goods into the Supplier's possession, or make the Hire Goods available for physical repossession or collection by the Supplier in a location specified by the Supplier, as applicable.

The Customer shall not be required to pay the Rental in respect of any period in which the Hire Goods are in the Customer's possession or control outside the Hire Period. If the Customer fails to comply with its obligations, it shall be liable for any financial loss which this causes the Supplier and shall indemnify the Supplier in full and on demand in respect of any costs, liabilities, losses and expenses (including legal fees) incurred as a result.

5. Title, Risk and Equipment Damage Liability

Ownership of the Hire Goods remains at all times with the Supplier. The Customer has no right, title or interest in the Hire Goods except the right to possession and use of the Hire Goods subject to the terms and conditions of the Contract.

The Customer must not deal with the ownership or any interest in the Hire Goods. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending. The Customer may re-hire the Hire Goods to a third party only with the prior written consent of the Supplier.

Risk in the Hire Goods will pass immediately to the Customer when the Hire Goods leave the physical possession or control of the Supplier. The Hire Goods shall remain at the sole risk of the Customer during the Hire Period and any further term during which the Hire Goods are in the possession, custody or control of the Customer (the Risk Period) until such time as the Hire Goods are redelivered back into the physical possession of the Supplier.

During the Hire Period and the Risk Period, the Customer shall, at its own expense, obtain and maintain insurance of the Hire Goods to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as the Supplier may from time to time nominate in writing.

The Customer is responsible for any loss, damage or theft of the Hire Goods while they are in the Customer's possession or control. Where the Hire Goods are deemed a Total Loss — damaged beyond repair, lost, stolen, seized or confiscated — the Customer shall be liable to pay the Supplier the full replacement value of the Hire Goods.

6. Payment Policies

The Rental is the Supplier's charging rate for the hire of the Hire Goods which is current from time to time during the Hire Period. All Rental charges are quoted per week and exclude VAT unless otherwise stated.

The Customer shall pay the Rental and any other sums due under the Contract to the Supplier in accordance with the payment terms set out in the Commercial Terms Schedule.

Hire charges will continue to be payable until the Hire Goods have been returned to the Supplier and the Supplier has received full payment for all sums due under the Contract.

If the Customer fails to make any payment due to the Supplier under the Contract by the due date, then the Supplier may charge interest on the overdue amount at the rate of 4% per annum above the Bank of England base rate from time to time, accruing on a daily basis from the due date until payment in full.

All amounts payable under the Contract are exclusive of amounts in respect of value added tax (VAT), which the Customer shall pay to the Supplier in addition at the applicable rate.

7. Deposit Requirements

A Deposit is any advance payment required by the Supplier in relation to the Hire Goods which is to be held as security by the Supplier.

Where a Deposit is required, it must be paid in full before the Hire Goods are released to the Customer. The Deposit is held as security against the due performance of the Customer's obligations under the Contract, including the safe return of the Hire Goods in good working order.

The Supplier may apply the Deposit towards any Rental, charges, losses, damage or other sums owed by the Customer under the Contract. Any balance of the Deposit remaining after all sums due have been settled will be refunded to the Customer following the return of the Hire Goods.

If the Hire Goods are returned damaged, incomplete, late, or not returned at all, the Supplier reserves the right to retain all or part of the Deposit and to recover any further sums due from the Customer in respect of the loss or damage suffered.

8. Limitation of Liability

The Customer's attention is particularly drawn to the provisions relating to limitation of liability.

Nothing in the Contract shall limit or exclude the liability of either party for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited by law.

Subject to the above, the Supplier's total liability to the Customer under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited to the total Rental payable under the Contract.

The Supplier shall not be liable to the Customer for any loss of profit, loss of business, loss of revenue, loss of contracts, loss of anticipated savings or any indirect or consequential loss or damage arising out of or in connection with the Contract.