THE HILL COMPANY LIMITED – CRATE HIRE TERMS AND CONDITIONS
1. (a) ‘Agreement’ means a Crate Hire Agreement incorporating these Conditions;
(b) ‘The Company’ means The Hill Company Limited of Solus 31, Motherwell Way, West Thurrock, Essex, RM20 3LB;
(c) ‘The Crates’ means the crates offered for hire and all replacements and renewals thereof;
(d) ‘Conditions’ means these Crate Hire Terms and Conditions.
(e) ‘The Customer’ means the person who hires the Crates from the Company;
(f) ‘Hire’ means the hiring of Crates from the Company by a Customer for such period of time as may be agreed between the Customer and the Company; and
2. The Hire of Crates by the Customer from the Company shall be 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.
3. The Company shall supply the Crates in a fully serviceable condition. The Customer shall check the Crates against delivery notes and notify the Company of any shortages or damage thereto 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 Crates, and have accepted the Crates as suitable for the purposes required.
4. The Customer may, at a time and date agreed, either:
(a) collect the Crates from the Company’s premises; or
(b) request the Company to deliver the Crates. The Customer will be liable for delivery charges in accordance with the Company’s normal rates then in force.
5. Crates shall be returned to the Company at the expiry of the period of Hire either:
(a) by the Customer effecting redelivery to the Company’s depots. If the return date has not been agreed then the Company must have not less than 24 hours prior notice of the return; or
(b) by the Customer requesting the Company to collect the Crates. In this case, a minimum of three days notice is required and the Company’s collection charges then in force will be payable.
6. The Customer shall be responsible for maintaining all Crates in good condition. If the Crates or any of them are damaged whilst in the Customer’s possession the Customer must immediately notify the Company. If such damage was not the result of fair wear and tear, the cost of such repairs will be paid upon demand to the Company by the Customer.
7.1 In the event of the Crates or any of them being lost, stolen, seized or confiscated whilst in the possession of the Customer or not being returned within 7 days of any return date agreed with or stipulated by the Company (or any extension thereof as agreed in writing by the Company) or not returned immediately if any Agreement is terminated pursuant to Condition 10 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 Crates in accordance with the Company’s then current replacement price. Payment of such price shall not affect any rights of the Company or liabilities of the Customer subsisting at the date of invoice. The Customer shall continue to pay all Hire charges pending the return of the Crates.
7.2 Title to the Crates remains at all times with the Company and any and all Crates damaged by the Customer must be returned to the Company whether or not the Customer has paid the cost of replacing the damaged Crates. Provided always that the Customer fully complies with its obligations under these Conditions, the Customer shall be entitled to enjoy the use and possession of the Crates without interruption by the Company.
Cost for lost/damaged removal crates:
- LC3 – Standard Lidded Crate = £15.00 + VAT
- IT6 – Large Computer Lidded Crate = £49.00 + VAT
- LMC – Metre Lidded Crate = £49.00 + VAT
- IT3 – Small Computer Lidded Crate = £49.00 + VAT
- LC2 – Personal/Retail 65L Lidded Crate = £15.00 + VAT
- Desk Dolly / Skate = £65.00 + VAT
- Sack Barrow = £90.00 + VAT
- Security Rollcage = £225.00 + VAT
8. The Customer shall have no right of property in or title to the Crates except the right to use and possess the Crates, subject to the terms of the Agreement.
9.1 The Customer shall be liable for payment of the Hire charges from the date of delivery of or the collection of the Crates to or by the Customer and the Customer shall be responsible for maintaining them in good condition (save for fair wear and tear) until they are returned to the Company. The minimum hire period shall be one week.
9.2 Hire charges shall be subject to change by the Company upon not less than 30 days prior written notice being given to the Customer.
9.3 All charges are net of VAT which shall be payable at the rate in force from time to time. All charges shall become due and payable in advance (save where the Customer is an account customer, when payment shall be due within 30 days of the date of the Company’s invoice). The Company shall have the right to charge interest at 5% above base rate of Barclays Bank in force from time to time, on any amounts not paid on due date.
10. The Agreement may be determined forthwith by the Company on the happening of any of the following events namely:
(a) The Customer fails to pay any charges hereunder on due date; or
(b) The Customer fails to observe or perform any other terms of the Agreement; or
(c) if the Customer (being an individual) shall be adjudged bankrupt, enters into a voluntary arrangement or effects a compromise with any one or more of his creditors; or
(d) The Customer (being a body corporate):
(i) 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
(ii) suffer the appointment of a receiver of its undertakings or assets or any part thereof; or
(iii) shall be deemed by virtue of Section 123 of the Insolvency Act 1986 to be unable to pay its debts; or
(e) if any execution shall be levied or threatened upon any of the Customer’s property
then in each or every such case the Agreement between the Company and the Customer in respect of the Hire of the Crates may be determined at any time by the Company with immediate effect upon written notice from the Company to the Customer. In the event that any Agreement is terminated under this Condition 10, the Customer shall thereafter no longer be in possession of the Crates with the Company’s consent and the Company may, without notice, retake possession of all the Crates and for that purpose enter upon any premises belonging to or in occupation or control of the Customer for such purpose and the Customer shall pay to 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 Crates and in retaking possession of the same. The Customer will also pay to the Company all costs, charges and expenses incurred by reason of any breach thereof by the Customer. Liability for these additional costs by the Customer is without prejudice to any other rights and remedies the Company may have at law.
11.1 No condition or warranty whatsoever of any kind is given or made by or on behalf of the Company in relation to the quality of the Crates or their 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 description, state, quality or condition of the Crates on delivery or at any other time thereafter are hereby expressly excluded.
11.2 The Company does not accept liability for any failure to provide the Crates for reasons which are due to circumstances beyond its control.
12. The Customer shall, under no circumstances, sub-hire, lend or otherwise part with possession of the Crates other than with the prior written agreement of the Company.
13. No forbearance or indulgence shown or granted by the Company to the Customer shall constitute a waiver of any of the Conditions to be performed by the Customer nor shall in any way affect, diminish, restrict or prejudice the rights and powers of the Company.
14. Where two or more Customers are party to one agreement with the Company their liabilities under these Conditions shall also be joint and several.
15. Any notices required to be given hereunder shall be sufficiently given if served personally or sent by prepaid first class post or left at the existing or last-known address of the party to be served or, in the case of a limited company, to or at its registered office and if sent by post such notice shall be deemed to be received 48 hours after posting.
16. If any condition, term or provision herein shall be held to be illegal or unenforceable the same shall be deemed to be excluded but the validity of the remaining conditions shall not be so affected.
17. These Conditions shall be governed by and be construed in accordance with English Law.