Terms:

1. GENERAL

1. Definitions
   This Contract is for the hire of items and accessories (“Equipment”) and the sale of ‘resale’ goods (“Goods”) detailed overleaf, and the parties to the Contract are:
   1. The person, firm, company or other organisation hiring the Equipment and/or purchasing the goods (“Hirer”).
   2. HSS Hire Service Group Limited (Registered No. 644490) with registered offices at 25 Willow Lane, Mitcham, Surrey CR4 4TS (“HSS”).
   3. Any condition deemed invalid will not affect other conditions. Nothing in the Contract is intended to limit a consumer’s existing legal rights.
2. Extent of Contract and Cancellation
   The Contract is not assignable and is effective when HSS accepts the Hirer’s detailed order. HSS 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.
3. Termination
   HSS may terminate the Contract and repossess 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.
4. Ownership of Equipment and Goods
   Equipment hired remains the property of HSS at all times. Ownership of Goods purchased transfers only when full payment is received by HSS.
5. HSS One Call Conditions
   When HSS 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

1. Basis of charging
   The stated hire charges overleaf are for the duration of the Contract and include Saturdays, Sundays and Public Holidays. The amount of any deposit or charges are detailed in the Contract and are based on the current HSS catalogue price list from time to time.
2. Transport charges
   The price of the skip includes delivery and collection. Where Skips are cancelled whilst en-route to site or upon delivery or attempted collection, a charge will be made to cover the cost of the aborted journey. This cost is variable depending on the type of skip vehicle and the distance travelled.
3. Deposits
   Deposits are set by HSS at amounts reasonably required and will be offset against any monies due. In the case of skip hire, all charges shall be paid in advance of delivery or exchange.
4. Credit Card deposits
   In the event that the actual charges for the hire supplied by HSS exceed the amount charged then this additional amount may be taken from the Credit Card.
5. Cleaning and damage repair
   The Hirer will pay for required cleaning and, except where appropriate conditions in 4(a) or 4(b) apply, breakages and damage repair.
6. Loss of Equipment
   HSS will treat Equipment unavailable for inspection after reasonable notice as lost and except where appropriate conditions in 4(b) apply the Hirer will pay a penalty charge for Equipment replacement and revenue loss. Hire charges accrue until full settlement is made.

3. PAYMENT

1. Payment Terms
   If HSS has granted a credit account to the Hirer then payment of any charges or any other sums due under this 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][this] 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 HSS has received cleared funds or cash.
2. Invoice Queries
   The Hirer should notify HSS of any queries concerning invoices in writing within 14 days of the invoice date. HSS 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.
3. 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 HSS in the recovery of amounts due, Equipment and/or Goods. In addition HSS 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.
4. Credit Limits
   Where HSS has granted a credit account to the Hirer, HSS may set a reasonable credit limit. HSS 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 OPTIONS

1. Damage Waiver
   If the Hirer contracts to pay, the ‘Damage Waiver’ charge at 10% of the hire charge (where available as an option) HSS will waive any further charge for rectifying accidentally damaged returned equipment. If the Hirer does not take ‘Damage Waiver’ then condition 2(d) will be enforced. ‘Damage Waiver’ is not an insurance for Equipment loss or theft. ‘Damage Waiver’ may be limited under HSS One Call Contracts and ‘Damage Wavier’ may be invalidated where condition 5(g) is not adhered to.
2. Damage Waiver Plus
   The ‘Damage Waiver Plus’ charge at 15% of the hire charge, (where available as an option) will be added to the contract unless the Hirer specifically requests otherwise. Under ‘Damage Waiver Plus’ HSS will waive any further charges for rectifying accidently damaged returned Euipment. ‘Damage Waiver Plus’ may be invalidated where condition 5(g) is not adhered to. HSS will also waive any penalty charges for Equipment loss subject to the ollowing conditions:
   1. The Hirer must be able to demonstrate that reasonable care has been taken to prevent loss.
   2. Theft of Equipment must be reported to the Police and a crime reference number obtained.
   3. The Hirer must notify HSS within 48 hours of the theft and obtain an HSS Theft report Form. The completed form must be returned to: Claims Department, Circle House, Lostock Road, Davyhulme, Manchester M41 0HS. Tel: 0161 749 4400 Fax: 0161 749 4421.
   4. The maximum value of loss penalty charges waived for any single hire contract will be £5000.
   5. Exclusions - Loss penalty charges will not be waived under the following circumstances:
      1. Theft of consumable ‘resale’ Goods.
      2. Loss due to the dishonesty of any Hirer’s employee.
      3. Theft from a vehicle where the Equipment was left visible and unattended.
      4. Loss of Equipment revealed only when an inventory is made.
      5. Loss arising from civil disturbance.
      6. Loss occurring outside the UK and Eire.
   6. Limit of Claim - 'Damage Waiver Plus' does not protect the Hirer for:
   1. The first £50 (or 20% whichever is the greater amount) of any Equipment loss claim.
   2. 50% of any claim for theft of Equipment left unattended overnight outside a secure compound or building or stored overnight in a secured vehicle.

5. HIRER’S RESPONSIBILITIES

1. 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/delivery document. Equipment defects should be reported to HSS immediately by telephone.
2. 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.
3. Security of Equipment
   The Hirer accepts responsibility for Equipment security until its collection by or return to HSS and undertakes not to sell or relinquish possession, alter, repair or modify it in any way.
4. Safe use of Equipment and breakdown procedure
   The Hirer is responsible for the safe and correct operation of Equipment (conforming to relevant legislation and the HSS operating and safety instructions supplied) by competent persons not under the influence of alcohol or drugs and for its constant supervision within the range of children. The Hirer will immediately notify HSS of any Equipment breakdown or shortcoming without attempt at repair. The Hirer will ensure any non-HSS Equipment used in conjunction with or attached to Equipment also conforms to safety requirements.
5. Return or collection of Equipment
   The Hirer may arrange for the return or collection of Equipment with any HSS outlet during normal business hours and when Equipment has been returned or collected HSS will issue a return note. The Hirer will remain liable for ongoing hire charges until such return note has been issued. When the Hirer requests collection of Equipment HSS will issue a ‘collection reference number’ in acknowledgement, the Hirer remaining responsible for the Equipment, and in particular its security, until actual collection.
6. Lost or stolen Equipment
   Except where the Hirer opts for ‘Damage Waiver Plus’ (where available as an option) under condition 4(b) 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 HSS any insurance claim proceeds. This liability is without prejudice to any HSS rights under the Contract. Replacement equipment purchased with insurance claim proceeds is the property of HSS.
7. Fuel and/or Electricity Supply for Equipment
   Where Equipment requires fuel, oil and/or electricity, the Hirer must ensure that the HSS or manufacturer’s recommended type and/or voltage is used and that, where appropriate, the Equipment is properly installed by a qualified person.

6. HSS’ RESPONSIBILITIES

1. Hire rates
   HSS will maintain the agreed hire rates for the duration of the Contract.
2. Safety and operating instructions
   HSS will provide appropriate written and/or practical instruction in the safe and correct operation of Equipment.
3. Testing and inspection of Equipment
   HSS 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 HSS will substitute items of similar specification.
4. Delivery and collection
   Following the Hirer’s request, HSS will endeavour to deliver or collect Equipment during the next business day, wherever possible.
5. Returned Goods
   HSS will arrange an appropriate credit where the Hirer returns in unused condition Goods sold for use with Equipment.
6. Limitation of liability
   The liability of HSS 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 HSS will be liable for negligence or error in the performance of its obligations under the Contract.

DATA PROTECTION

The information you provide will be held in accordance with the Data Protection Act 1998 and will be used by HSS and its trading divisions. We may want to contact you from time to time about other products or services available from us and we may release your contact details to other carefully selected companies whose products or services we believe will be of interest to you. If you do not want to receive such offers please write to us at: FREEPOST HSS (CN1630), 25 Willow Lane, Mitcham, Surrey CR4 4YZ.