1. General:
The terms and conditions set out below shall be the basis of all Contracts of Hire with PEP which shall be concluded by a Rental Agreement form by any person, persons or body corporate and the handing over of goods PEP on the basis of such Rental Agreement.
2. Definition:
In these terms and conditions PEP means Platform Edge Protection Limited whose principal place of business is 5 Ellingham Road, Shepherds Bush, W12 9PR. The hirer shall mean any person, persons or body corporate entering into a rental agreement with PEP for the hire of goods and equipment. “Goods and equipment” referred to in “The terms and conditions” refer to those set out below and shall be the sole conditions of any contract with PEP subject to any addition or amendment which shall be in writing and ratified by a Director of PEP.
3. The Period of Hire:
(a) The period of hire shall commence with the hirer taking possession of the equipment (whether or not such receipt shall have been from PEP) and shall terminate when equipment is returned. It is the responsibility of the hirer to obtain such receipt for the return of equipment which will represent sole evidence of the return of equipment to PEP.
(b) Where equipment is delivered or collected by hirer, hirer’s servant or agents such delivery or collection is at the hirer’s risk and expense and the hirer shall be liable for physical loss and damage and delay to the equipment from the time the equipment leaves PEP’s premises until it is returned to PEP’s premises whether or not the equipment is being delivered or collected by PEP or is in the custody of PEP, it’s directors, servants or agents.
4. Equipment:
(a) The hirer will satisfy himself on taking possession of all equipment that it is in good working order and in undamaged condition. The hirer’s signature on the rental agreement will be taken as conclusive evidence that such agreement has been satisfied. Any matters relating to the sub-standard condition or working of the equipment must be referred to PEP and (if the rental is to proceed) a note endorsed on the Rental Agreement to be countersigned by PEP.
(b) All equipment on hire remains the absolute property of PEP.
(c) The hirer shall have no authority to transfer or otherwise part with possession of the equipment during the period of hire unless the express written consent of PEP is first obtained.
(d) In the event that the hirer intends to take equipment out of the main land of England, Scotland or Wales or use the same for any abnormal or hazardous assignment then consent must first be obtained from PEP who may at their sole discretion vary the terms of the rental.
5. Damage or Loss to Equipment Hired:
(a) It shall be the absolute responsibility of the hirer to ensure the safe keeping of equipment and the hirer will indemnify PEP in respect of any loss or damage howsoever caused whilst in the hirer’s possession.
(b) All damage or loss will be notified to PEP immediately (or as soon as practicable) following which the goods must be returned to PEP for repair or replacement should repair be uneconomic. The hirer may carry out repairs to the damaged equipment with the express consent of PEP and shall otherwise make no attempt to examine diagnose repair the equipment hired.
(c) The hirer shall be liable to pay the full cost of replacement of any equipment lost or damaged beyond repair with reference to new equipment of the same specification.
(d) In the event of loss or damage to equipment, the period of hire will without further reference to the hirer extend until such time as full reimbursement for the cost of replacement of the lost or damaged equipment has been made whether or not such period extends beyond that of the original rental agreement.
6. Liability:
(a) PEP shall not be liable under any circumstances whatsoever for losses incurred by the hirer due to faulty or non-functioning equipment during the period of hire. PEP will however take all steps to ensure that faulty equipment is replaced as soon as possible with the same equipment.
(b) The hirer will indemnify PEP at all times fully against any liabilities, demands, actions, claims or proceedings arising from or in connection with the equipment hired.
(c) In the event that the hirer shall create, use with or in conjunction to any equipment hired any unique or original material or matter PEP shall have no liability whatsoever in respect of the loss, damage or imperfection of any such material and the hirer will fully indemnify PEP in respect of any such claims by a third party.
(d) The Hirer agrees to indemnify and hold PEP and its directors, employees and agents, harmless from and against all liability and expenses (including legal costs on a full indemnity basis) howsoever arising or incurred, in respect of:
Loss of or damage to property of the Customer whether owned, leased or hired, arising from, relating to or in connection with the performance or non-performance of the Contract or
Injury to, or death of any person employed or engaged by the Customer arising from, relating to or in connection with the performance or non-performance of the Contract.
7. Rental Fees:
(a) During the Rental agreement the hirer will pay the rental fee as specified in the Rental Agreement plus V.A.T. In the event of the Rental Agreement specifying a weekly rate then such rate will be charged to the end of the week on which the equipment is returned.
(b) PEP reserves the right to charge a cancellation fee not exceeding the full rental charge under the Rental Agreement.
(c) All fees under the Rental Agreement will be discharged at the time of the hirer returning the equipment or with the specific consent of PEP up to thirty days after the date of any invoice subsequently issued.
(d) PEP reserve the right to determine the contract and recover any equipment hired in the event of bankruptcy, insolvency or liquidation of the hirer.
(e) Where the hirer is a body of corporate registered in the United Kingdom, PEP may in their sole discretion require a surety to the Rental Agreement. The surety hereby agrees to indemnify PEP in respect of all sums due under the Contract of Hire in the event of partial or total default by the Hirer Company
8. Payment:
(a) Payment for hire goods ordered shall be made at the time of delivery unless the customer shall have been granted a credit account. Such facility shall have been agreed by PEP in writing and the existence of a credit account will be indicated on the hire invoice together with the specific credit period. In the absence of any specific credit period the invoice shall be construed to express a maximum period of thirty days.
(b) PEP reserve the right to add to any overdue balance at the due date an additional sum calculated by reference to 4% per annum above clearing bank base rate for the time being on any outstanding balance accruing on a weekly basis.
(c) Where PEP has agreed monthly credit terms with the Customer, invoices from PEP to the Customer must be paid by the last day of the calendar month following the date of the invoice. For example, if an invoice is dated 4 September then payment must be made by 31 October. If no monthly credit terms have been agreed by the Supplier then the Supplier’s invoices are due for payment when an order for the Goods and/or Services is placed or, if agreed in advance by the Supplier, when the Goods and /or Services are delivered or supplied.
(d)The Customer shall pay all sums due to the Supplier under the Contract without any set‐ off, deduction, counterclaim and/or any other withholding of monies.
(e) The Customer shall be deemed to have accepted the Charges due as set out on an invoice unless it informs the Supplier within 14 days of the date of the invoice that it disputes the Charges as set out on the invoice.
(f) Prices exclude VAT which shall be added by the Supplier. However, if the rate of VAT changes between the date of the order and the date of delivery, the Supplier will, if permitted by law, adjust the VAT the Customer pays, unless the Customer has already paid for the Goods in full before the change in VAT takes effect.
(g) The client shall not dispose of Customer owned equipment at its discretion and/or sell Customer owned equipment at its discretion and retain the proceeds of sale after
(h) If the initial hire is paid by credit card and the hire is extended, then the Supplier reserves the right to charge the credit card with any unpaid charges arising from the additional hire. The Supplier shall inform the Hirer where such charges are made.
(i) Should the Services include delivery of Goods by the Supplier, the Supplier will be liable for the Goods during transportation and delivery