1. Definitions
“Contract” – the contract for the hire of equipment including these General Conditions of Hire
“We”, “us” – Lauralu UK Ltd.
“Writing” includes telex, facsimile transmission, electronic mail and comparable means of communication
“You” – the person, firm, company or other organisation hiring equipment from us.
These conditions override any terms and conditions you may have put forward, unless we have
agreed to any other conditions in writing.
This contract will be governed by English Law.
2. Our charges
2.1 Charges for hiring.
You must pay the hire charges shown in the contract at the time when they fall due.
2.2 Interest and other charges.
If you do not pay the amount when it is due, we will add interest to the amount that is overdue at a rate equal to 4% above National Westminster Bank Plc’s base rate at the time. Charging interest will not affect any other rights we may have. Interest can be charged before or after we have obtained any court judgement against you. You must also pay any of our reasonable expenses in recovering money or goods from you.
3. When the contract starts
The contract comes into effect when you have placed an order, by which you agree to keep these conditions, and we have accepted your order.
4. Delivery, erection and removal of equipment
4.1 We will deliver and erect the equipment shown in the contract so that it is ready for use by the date shown in the contract.
4.2 We will not be liable for any compensation if any minor terms are outstanding, but in return we agree to rectify such terms as soon as we reasonably can.
4.3 Before we deliver the equipment, you will ensure that we have unrestricted access to the site on dates which we will notify to you, which will be before the date shown in the contract for the actual start of the hire. We cannot always agree to deliver and erect our equipment on alternative dates due to our other work schedules.
4.4 You will ensure that the site is served by a firm access road with adequate hard standing and the site itself is firm, level, free from flooding, trees and overhead obstructions and without buried pipes, or concealed services which might suffer damage or cause injury to our employees, as a result of our erecting the equipment. If you cannot meet any of these conditions you will let us know in writing as soon as possible before we deliver the equipment, and if these matters have not previously been mentioned, we reserve the right to make further charges to cover any additional costs that we incur in dealing with obstructions etc. In particular you will, prior to erection of the equipment, either:
4.4.1 Provide us with a written services survey and site plan identifying the position and nature of all underground services of whatever nature, including details of the person(s) undertaking the survey and the date upon which it was undertaken; or,
4.4.2 Request that we commission as your agent and at your cost a full independent survey of the underground services at the site, the cost of such survey to be reimbursed by you immediately on our request and in either case provide us with your written indemnity in our favour in respect of any damage that might be caused to persons (including our employees) or property as a consequence of interference with underground services subject to our having paid suitable regard to the information provided to; or,
4.4.3 in the event that neither of sub-clauses 1 and 2 above apply, hereby acknowledge that we will undertake a basic underground services survey, limited to identifying services the interference with which may threaten the safety of our employees, and that in these circumstances you further acknowledge that we shall not be held liable for any loss arising out of damage caused to or as a consequence of damage to any underground services whatsoever.
4.4 You will instruct us exactly where the equipment is to be erected, and will ensure that you have authority from the site owner or organiser to do this. If we have to site our equipment in a different place to that agreed, or if we have to move any of our equipment after it has been erected, then you will be responsible for any reasonable additional charges that we make.
4.5 We will do our best to deliver and erect the exact equipment as specified in the contract. If we are unable to do this for any reason, we may substitute equipment to achieve the same result. We will not however insist on your accepting substitute equipment which is substantially or materially different from that which is specified in the contract.
4.6 We will dismantle and remove from site our equipment as soon as possible after the hire period defined in the contract is terminated. We will do our best to remove our equipment as quickly as possible, and you will ensure that we have free and unhindered access for this purpose.
4.7 You should note that the installation and erection of the equipment often involves the use of heavy plant or machinery and the use of stakes or similar ground fixing devices. We will exercise every reasonable care, but will not be responsible for any element of making good of the site after removal of our equipment. We can provide aluminium or similar trackway if booked in advance and at additional cost to be agreed.
5. Your responsibility when hiring goods
5.1 You must take note of and implement any instructions that we give you relating to the safe use of our equipment. You will be liable for any loss or damage which results from your failure to follow our recommendations.
5.2 You are responsible for the general security of the site throughout the whole of the period when our equipment is present. You are responsible for the safety and security of the equipment from when we hand over to you after completing the erection until we commence dismantling. You will make good any loss or damage to the equipment which occurs during this period.
5.3 You will conduct prudent enquiries so as to ensure that the erection of the equipment is not in contravention of any statue or regulation and shall where necessary obtain any licence and/or consent relating to the erection of the equipment. You will indemnify us in respect of all costs, expenses and claims arising as a result of your failure to comply with these requirements.
5.4 You will notify us as soon as possible of any defect or deterioration in the equipment. In return we will take all reasonable steps to remedy this as quickly as we can. We may make a charge for any site visit unless the need for a visit was as a result of any inherent defect in our equipment or workmanship.
5.5 You will in particular ensure that the interior of any structure is adequately heated when necessary so as to protect from frost, ice or snow damage, and you will not allow the collection or build up of snow on the equipment.