Terms and Conditions
Our general terms and conditions vary according to hire or purchase of equipment from PDQ Lifting. Please select the relevant details about your equipment requirements below:
General Terms and Conditions of Sale
General Terms and Conditions of Hire
GENERAL CONDITIONS OF SALE
No prior representation made by us or variation of these terms shall be recognised by us unless it is agreed and confirmed by us in writing. The terms and conditions that may be written or printed on your enquiry/orders shall not apply to us so far as such terms and conditions are at variance with terms and conditions stated herein.
Except as stated elsewhere in these conditions we shall not be liable for any damage, loss, injury, costs or expenses suffered by you or your servants or agents and which may arise from or be in any way connected with any act or omission of any person or corporation employed by us or by any sub-contractors or engaged in any capacity herewith and you shall indemnify us against all loss damages claims and expenses whatsoever incurred by us in relation to or arising out of the performance of our obligations.
If within a period of three months of our supplying or fitting new material, such material needs replacement or repair, either by reason of such material being faulty or on account of our workmanship, we will effect such replacement or repair at our option but our liability shall be limited to such replacement or repair and we will not liable for any further expense, loss or claims. Such materials must be returned at your expense to our works. We hereby expressly exclude any other liability for any form of accident, consequential loss or damage whatsoever and howsoever arising. Except as expressly set out herein, every condition warranty representation whatsoever, whether statutory or otherwise, is excluded.
a) We will make every effort to deliver by any date quoted but any such date is approximate only and no liability can be accepted by us for failure to meet such date. Delays and possibly price increases will occur if we do not receive promptly all drawings and information to carry out work.
b) Prices quoted by us do not include packing or delivery charges unless specifically mentioned
c) Goods delivered by our transport will be at your risk immediately unloading commences. Those not delivered by our transport will be at risk from the time of delivery to the carrier.
In respect of unpaid accounts the Company shall have a general lien on all goods or property of the Customer in the possession or under the control of the company or its agents or sub-contractors and the Company may make a warehousing charge in respect of goods retained under lien. If any invoice remains unpaid for sixty days after its date the Company shall have the power to without any notice to the Customer to sell any goods subject to the lien by public auction or otherwise and to apply the proceeds towards the monies and charges due to the Company including the expenses and costs, legal and otherwise of enforcing the lien.
6. GOODS ON APPROVAL
Such goods will be considered to be sold unless returned carriage paid to our works within two weeks of delivery to you.
All goods supplied should be used in accordance with the manufacturers instructions and rated capacity. In order that we may where possible confirm to the relevant British Standard or accepted engineering practice all our designs and specifications are subject to change without notice as are all technical information, catalogues and drawings published or supplied by us.
8. FORCE MAJEURE
We shall under no circumstances be under any liability for delays or other failures or omissions caused by or resulting from strikes lockouts or without prejudice to the generality of the foregoing any cause beyond our control. We shall be relieved of liability under the contract if and to the extent to which the fulfilment of any obligation is prevented or rendered impracticable as a direct or indirect consequence of war (including hostilities whether war has been declared or not) or of conforming to any status or to any rules regulations orders or requisitions made by any Government department or local or other competent authority and in such case you shall pay for the work don’t or expenses incurred by us and the contract shall be at an end.
9. CLAIMS OR COUNTERCLAIMS
A claim or counterclaim shall not be made the reason for you deferring or withholding of payment of monies payable to us.
10. PRICE VARIATION
The charges and prices stated in our quotation are subject to variation without notice in accordance with any change thereafter in the market prices of materials to be supplied or in wage levels.
11. PAYMENT TERMS
Nett monthly account.
Any contract arising herefrom shall be subject to English Law.
GENERAL CONDITIONS OF HIRE
a) The ‘owner’ is the Company, firm or person letting the plant on hire and includes their successors, assignees or personal representatives.
b) The ‘Hirer’ is the Company, firm, person, Corporation or public authority taking the owners plant on hire and includes their successors and personal representatives and employees
c) ‘Plant’ covers all classes of Plant, machinery, equipment and accessories therefore which the Owner agrees to hire to the Hirer.
2 The hirer undertakes to accept full responsibility for loss or damage to the equipment on hire from whatever cause this may arise, fair wear and tear excepted and shall also fully and completely indemnify the owner in respect of all claims by any person whatsoever for injury to person or property caused by or in connection with or arising out of the use of Plant and in respect of all costs and charges in connection therewith, whether arising under statute or common law. The Hirer will be responsible to the Owner for the full replacement costs at the current manufacturer’s published list price of items lost or stolen and for full repair costs, including parts, labour and overhead element, on items damaged. This condition must be met by the Hirer notwithstanding any insurance claim which may be pending. Standing-time hire charges at full rate will be made at the discretion of the Owner in any instances where in the opinion of the owners, an unreasonable amount of time is taken to settle a claim for lost equipment.
3 The Hirer should cover by insurance the indemnity given to the Owner in clause 2.
4 DELIVERY IN GOOD ORDER
The Hirer must satisfy himself that the Plant is in good working order and that the Plant is not damaged in any way before signing the delivery/indemnity note
5 The equipment shall be deemed to be ‘on hire’ from such time as it is delivered to the Hirer until such time as it is collected from the Hirer. Should the Hirer arrange transit to and from the owner’s premises then the equipment shall be deemed to be on hire from the time of leaving our premises to the time of being returned and off-loaded at our premises. The Hirer shall be responsible for loading and/or unloading the equipment on site and for the provision of any lifting facilities required for loading and/or unloading on site. Telephone terminations of hire will be confirmed verbally by an ‘off hire’ number, this will be followed by a written receipt at the time of collection or return to the Owner’s premises of the equipment. The Owner’s cannot accept any responsibility nor reduce any hire charges because of strikes, bad weather conditions or any other cause outside the direct control of the Owners . On termination of the hire by the Hirer the Owner shall undertake to collect the equipment as soon as possible, but the Hirer will assume responsibility for loss or damage for a maximum period of 7 days from the off-hire date until collection is made.
6 MAINTENANCE OF PLANT
a) The Hirer shall be responsible for the safe keeping of the equipment and use in a workmanlike manner within the manufacturer’s rated capacity. On completion of the hire the Hirer shall return the equipment in the same order and condition as at time of delivery (fair wear and tear excepted)
b) The Hirer shall be responsible for compliance with all laws regulations applicable to the plant and to the work being performed by the plant.
c) The Hirer shall take all reasonable steps to keep himself acquainted with the state and condition of the plant. If the Plant be continued at work or in use in an unsafe and unsatisfactory state the Hirer shall be solely responsible for any damage, loss or accidents whether directly or indirectly arising therefrom.
d) The Hirer shall regularly clean the plant and return it in a perfectly clean condition. The hirer shall be responsible for any expense involved in cleaning the plant incurred by the Owner.
e) The Hirer shall at all reasonable times allow the owner, his agents or his insurers to have access to the plant to inspect, test, adjust, repair or replace the same. So far as is reasonable possible, such work will be carried out at times to suit the convenience of the hirer.
7 LOSS OR BREAKDOWN
a) Any loss, breakdown or the unsatisfactory working of any parts or whole of the plant must be notified to the Owners immediately.
b) Under no circumstances shall the hirer repair or attempt to repair the plant unless authorised in writing by the Owner.
8 Copies of the Test certificates, where applicable, are available for all items. These can be supplied to the hirer on request.
9 Except where otherwise stated and confirmed in writing by the owners, all equipment is hired on a one week minimum basis. Thereafter a daily charge is made at one seventh of the quoted weekly rate. Both the first and the last day are inclusive.
10 CONSEQUENTIAL LOSSES
The owner accepts no liability for any consequential loss or damage due to or arising from the breakdown or stoppage of the plant through any cause whatsoever, or through non-arrival arising from accident or breakdown during loading, unloading or transport of the plant.
11 NOTICE OF ACCIDENTS
If the plant is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to the Owner by telephone and confirmed in writing to the Owner’s office and in respect of any claim not within the Hirer’s agreement for indemnity, no admission, offer, promise of payment or indemnity shall be made by the Hirer without the Owner’s consent in writing.
The Hirer shall not sub-let or lend the plant or any part thereof to any third party without first receiving the written permission of the owner.
13 PROTECTION OF OWNER’S RIGHTS
a) The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possessions of or otherwise deal with the Plant except as provided under clause 13 and shall protect the same against distress, execution or seizure and shall indemnify the Owner against all losses, damage, costs, charges and expenses that may be occasioned by any failure to observe and perform this condition, except in the event of Government requisition.
b) If the Hirer make default in punctual payment of all sums due to the Owner for hire of plant or other charges or shall fail to observe and perform the terms and conditions of this contract, or if the hirer shall suffer any distress or execution to be levied against him or make or propose to make any arrangement with his creditors or being a Company, shall go into liquidation (other than a member’s voluntary liquidation) or shall do or shall cause to be done or permit or suffer any act or thing whereby the Owner’s rights in the plant may be prejudiced or put into jeopardy, this Agreement shall forthwith be terminated (without any notice or other act on the part of the Owner and notwithstanding that the Owner may have waived some previous default or matter of the same or like nature), and it shall there-upon be lawful for the Owner to retake possession of the said plant and for that purpose enter into or upon any premises where the same may be and the determination of the hiring under this condition shall not affect the right of the Owner to recover from the Hirer any monies due to the Owner under the contract or damages for the breach thereof. c) A claim or counterclaim shall not be made the reason for the Hirer deferring or withholding payment of monies payable to the Owner.
14 GENERAL CONDITIONS OF BUSINESS
a) All business is conducted on a Nett Monthly Account basis.
b) In the event of an account not being paid within the specified time, a surcharge of 2.5% per month compound, may at the discretion of the Owner’s, be applied to that account in the form of a separate debit note.
c) All deliveries and collections made by the Owner’s, will be charged extra on each separate order on a mileage or time basis.
d) All Prices quoted are subject to V.A.T. at the appropriate rate.
15 No variation of these conditions of hire and no conditions in any order or acceptance of the Hirer shall be effective unless agreed to in writing by the owner