Pluscrates Ltd Terms and Conditions Of Business
Pluscrates Ltd Terms and Conditions Of Business Dated 1st October 2020
Terms and Conditions Hire General Conditions Of Business
1. (a) “The Company” means Pluscrates Ltd, (registered in England under number 6406174) whose registered office is 10 Queen Street Place, London, United Kingdom, EC4R 1AG.
(b) “The Equipment” means in each and every case all items offered for hire and or sale and all replacements and renewals thereof which the Company owns.
(c) “The Customer” means the person who contracts for the services of the Company, e.g. hirer, user, buyer, etc.
(d) “Hire” means the hiring of Equipment by a Customer for a period of time as agreed between the Customer and the Company.
(e) “Conditions” means these General Conditions of Business.
(f) “Operating Procedures” means such procedures (if any) notified by the Company to the Customer from time to time for the use of the Equipment.
(g) “Use” means the use of Equipment by a Customer in accordance with the Operating Procedures for an open-ended period terminable by notice or as otherwise provided hereunder.
2. All and any business undertaken by the Company is subject to the Conditions hereinafter set out, each of which shall be deemed to be incorporated in and to be a condition of any agreement between the Company and the Customer. With the sole exception of a Director of the Company (and only then in writing) no agent or employee of the Company has the Company’s authority to alter or vary these Conditions. All other terms and conditions are excluded.
3. The Conditions herein shall not be affected by any previous dealings between the Company and the Customer. Each particular contract shall be regarded as a separate and new contract having no relation to other contracts between the Company and the Customer.
4. The Customer shall Hire/Use/purchase the Equipment under these Conditions and the Company agrees to supply the Equipment in fully serviceable condition. The Customer must check the Equipment against delivery notes and notify the Company of any shortages or damage within 24 hours of delivery. In the absence of any such notification the Customer will be deemed to be satisfied with the quantity and condition of the Equipment, and that it is suitable for the purposes required.
5. A Hire Customer at a time and date agreed may either:
(a) Collect the Equipment from the Company’s depots; or
(b) Request the Company to delivery the Equipment. The Customer will be liable for delivery charges in accordance with the Company’s normal rates which are available on request.
6. Equipment must be returned to the Company at the expiry of the Hire/Use period either:
(a) By the Customer effecting delivery to the Company’s depots. If the return date has not been agreed then the Company must have 24 hours notice of the return; or
(b) By the Customer requesting the Company to collect the Equipment. In this case a minimum of three days notice is required and the Company’s normal collection charges will apply as in condition 5(b) above. Collections requested without due notice will incur additional charges. Equipment shall only be treated as having been returned if the Company shall have issued a return receipt to the Customer.
7. The Customer under a Hire agreement shall be responsible for maintaining all Equipment in good condition. If the Equipment is damaged whilst in the Customer’s possession or control the Customer must immediately notify the Company who will carry out the necessary repairs. If such damage was not the result of fair wear and tear the cost of such repairs will be paid by the Customer.
8.1 In the event of the Equipment covered by a Hire agreement being lost or damaged beyond reasonable repair, whilst in the possession or control of the Customer or not being returned within two (2) months of any return date agreed with or stipulated by the Company (or any extension thereof agreed in writing by the Company) or not returned immediately if a Hire agreement is terminated pursuant to condition 11 hereof the Company shall be entitled at any time to invoice the Customer for and the Customer shall be liable to pay the replacement value of such equipment in accordance with the Company’s current replacement list. Payment of such price shall not affect any rights of the Company or liabilities of the Customer subsisting at the date of invoicing. The Customer shall pay all Hire charges incurred during such period the Equipment is not returned.
8.2 Legal title to the Equipment remains at all times with the Company and any and all Equipment damaged by the Customer must be returned to the Company whether or not the Customer has paid the cost of replacing the damaged equipment and any lost equipment found must be returned to the company..
9. A Hire Customer shall have no right of property in the Equipment except the right to use the Equipment as a Customer on these Conditions.
10.1 A Hire Customer shall be liable for payment of the hire charges as from the date of delivery of the Equipment to the Customer or to whomsoever he directs and shall be responsible for maintaining it in good condition (save for fair wear and tear) until it is returned to the Company or to whom the Company may direct. Minimum hire period is 7 (seven days).
10.2 A User Customer shall be liable for the payment of charges as notified to the Customer by the Company.
10.3 Such charges shall be subject to change by the Company upon not less than 31 days written notice being given to the Customer.
10.4 All charges are net of VAT which shall be payable in addition as applicable. All charges shall become due and payable within 30 days of the date of the Company’s invoice. The Company shall have the right to charge interest at 5% above HSBC base rate, per annum, on invoices not paid within the said 30 days.
11.1The agreement to Hire/Use may be determined forthwith by the Company on the happening of any of the following events namely:
The Customer having failed to pay any charges hereunder within seven days of the same having become due (whether demanded or not) or fail to observe or perform any other of these Conditions (or the Operating Procedures) or if the Customer shall be adjudged bankrupt, enter into a voluntary arrangement or effect a compromise with any one or more of its creditors or being a body corporate shall pass a resolution either for entry into administration or for voluntary winding-up or shall have an administration or winding up order made against it or if a Receiver of its undertaking or assets or any part thereof shall be appointed or if it shall be deemed by virtue of Section 123 of the Insolvency Act 1986 to be unable to pay its debts or if distress or execution shall be levied or threatened upon any of the Customer’s property then in each or every such case any agreement between the Company and the Customer and these Conditions may be determined at any time by the Company with immediate effect and no payment subsequently accepted by the Company shall in any way prejudice or affect the operation of this. In the event that an agreement is terminated under this condition 11.1, the Customer shall thereafter no longer be in possession of the Equipment with the Company’s consent and the Company may, without notice retake possession of all the Equipment and for that purpose enter upon any premises belonging to or in occupation or control of the Customer.
11.2 This Agreement may be terminated by either party giving to the other seven days notice in writing, except where otherwise agreed in writing.
11.3 In the event of any agreement to Hire being terminated in accordance with condition 11 then any monies owed by the Customer to the Company will become due to the Company immediately.
12. In the event of the Equipment not being returned at the end of the period of Hire/Use the Customer agrees to pay the Company on demand all expenses costs and charges whatsoever incurred by or on behalf of the Company in ascertaining the whereabouts of the Customer or the Equipment or any part thereof or in taking possession of the same. The Customer will also repay to the Company all costs and charges and expenses incurred by reason of any breach of the Agreement by the Customer. Liability for these additional costs by the Customer is without prejudice to any other rights the Company may have.
13.1.1 The Customer shall not rely upon any representation as to the quality of the equipment or as to its fitness for any particular purposes unless the same shall have been made by the Company in writing.
13.1.2 No condition or warranty whatsoever of any kind has been or is given or made by or on behalf of the Company in relation to the quality of the Equipment or its fitness for any particular purpose and all conditions or warranties whether statutory or otherwise, whether express or implied, whether collateral or antecedent thereto or otherwise and whether in relation to the fitness of the Equipment for any particular purpose or the description state quality or condition of the Equipment on delivery or at any other time are hereby expressly excluded and extinguished.
13.1.3 The Company does not accept liability for any failure to provide the Equipment for reasons which are due to circumstances beyond the Company’s control, including (but not limited to) failure of gas, electricity or water supply, delays to the postal service, industrial action, failure of plant or equipment or due to lack of stocks of equipment.
13.1.4 Subject to condition 13.1.5 the Company’s maximum aggregate liability to the Customer, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation (other than fraudulent misrepresentation) or otherwise, arising out of or in connection with this agreement is limited to an amount equal to the charges payable by the Customer.
13.1.5 Nothing in these Conditions limits or excludes the liability of the Company for death or personal injury resulting from negligence.
13.2 The Company insofar as it is able shall pass to the Customer the benefit of any warranty offered by a manufacturer of Equipment for so long as such warranty shall remain in force.
14. Except as provided hereunder a Customer agrees that under no circumstances will he rehire, lend or otherwise part with possession of the Equipment other than with the written agreement of the Company.
15. Subject to written confirmation by the Company a Hire Customer may introduce a subsequent Customer on the following terms:
(a) The Customer in these circumstances shall act as agent for the Company but shall not be entitled to any remuneration therefore.
(b) The Customer’s authority shall not extend beyond that necessary to constitute the subsequent Customer a new Customer under the Terms and Conditions hereof.
(c) The subsequent Customer shall make payment of all charges hereunder to the Company from the date subsequent or extended hire begins.
16. No forbearance or indulgence shown or granted by the Company to the Customer (being the sole Customer or by one or more joint customers hereunder) in any regard whatsoever shall constitute a waiver of any of the Conditions to be performed by that or any other customer or in any way affect diminish restrict or prejudice the rights and powers of the Company.
17. Where two or more Customers are party to one agreement with the Company, and their liabilities there under are joint and several, their liabilities under these Conditions shall also be joint and several.
18. Any notices required to be given hereunder shall be sufficiently given if served on the Customer personally or sent to him by prepaid post or left at the Customer’s existing or last-known business or private address or in the case of a limited company to or at its registered office and if served on the company at its registered office such notice shall be deemed to be received by the Customer 48 hours after posting.
19. These Conditions shall be governed by and be construed in accordance with English Law.
20. If any condition, term or provision herein shall be held to be illegal or unenforceable such terms or provisions shall be deemed to be excluded but the validity of the remaining conditions shall not be affected.
Pluscrates Ltd (the “Company”) is regulated by the Data Protection Act 1998 (the “DPA”) and are required, as we process personal information, to comply with a number of important principles regarding the privacy and disclosure of the personal information we hold.
All information that we hold concerning you as an individual will be held and processed by the Company strictly in accordance with the provisions of the DPA.
Such data will be used by the Company to administer our relationship with you as a valued customer and to provide you with information about the Company’s activities and for related purposes. We will not, without your consent, supply your details to any third party except where (1) such transfer is a necessary part of the activities that we undertake, or (2) we are required to so by operation of law.
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In order to help us fulfil our obligation, please inform us of any changes in your personal details as soon as reasonably possible.
You have the right under the DPA to request a copy of any personal data we hold about (“Subject Access Request”).
For further information about your rights under the DPA, please visit the website of the Information Commissioner at: http://www.ico.gov.uk/.
Information and Data Protection
All parties shall comply at all times with the Data Protection Act 1998 (the “Act”) and any regulations made under the Act.
All personal information which you provide to us will be stored and used by us in accordance with the Act.