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TERMS AND CONDITIONS
- Definitions and Interpretation
1.1 The following expressions will have the following meanings unless inconsistent with the context:
“Claims”- all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise).
“Contract” – these conditions, the Order and the handover pack. .
“Equipment”- the temporary building which, under the terms of the Contract, you agree to hire from us.
“Losses”- all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever .
“Order”- your order for the hire of the Equipment as set out in the rental agreement.
“We”, “us” – AGANTO LTD
“You”, “your” – the person, firm, company or other organisation hiring Equipment from us.
1.2 These conditions override any terms and conditions you may have put forward, unless we have agreed to any other conditions in writing.
1.3 If there is a conflict between any of the terms of these conditions, the Order or the handover pack, the conflict will be resolved according to the following order of priority:
1.3.2 . these conditions; and
1.3.3. handover pack.
- 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. We will add interest each day at a rate equal to 4% above Lloyds 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.
2.3 Aganto reserves the right to increase the rental cost on the annual anniversary of the start of the hire period in line with the Retail Price Index (RPI)
- 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, Installation and Removal of Equipment
4.1 It is your responsibility to obtain necessary planning permission and approval from your local building control office. It is your responsibility to ensure that building regulations, local building and planning regulations are adhered to prior to installation and we will not be liable for any direct or indirect costs, losses or damages as a result of failing to adhere to such obligations.
4.2 We will deliver and install the Equipment shown in the contract so that it is ready for use by the date shown in the contract, providing you have obtained any necessary local building or planning consents.
4.3 We will not be liable for any compensation if any snagging issues are to be completed but in return we agree to rectify such items as soon as we reasonably can.
4.4 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 install our Equipment on alternative dates due to our other work schedules.
4.5 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 as a result of our installing 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.
4.6 We can offer you advice in respect of the location of the Equipment, providing that you provide us with sufficient information in order for us to consider compliance with relevant laws and regulations. If we do advise you in this respect and you choose to ignore such advice, you will indemnify us against any Claims and Losses we may suffer or incur directly or indirectly as a result of failing to follow such advice. You will instruct us exactly where the Equipment is to be installed, taking into account statue, regulation, building regulations and local building regulation and planning permission and will ensure that you have authority from the site owner or organiser for the Equipment to be installed at your selected location.
4.7 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 installed, then you will be responsible for any reasonable additional charges that we make.
4.8 We will do our best to deliver and install 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.
4.9 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.
4.10 You should note that the installation 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.
- Your Responsibility When Hiring Goods
5.1 You must comply with and implement any instructions that we give you relating to the safe use of our Equipment, including those instructions included within the guidance contained within the handover pack. 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 installation until we commence dismantling. You will make good any loss or damage to the Equipment, which occurs during this period.
5.3 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.
5.4 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, which you acknowledge might affect the useful life of the Equipment
5.5 In windy conditions you will take all reasonable steps to make sure that all openings are firmly closed when not in use, and are opened only for the purposes of entering or leaving the structure.
5.6 You will take all reasonable steps to make sure that the Equipment is not at any time altered or interfered with, if the Equipment is altered or interfered with you will notify us immediately and will fully indemnify us from any direct or indirect liabilities, costs, expenses or damages suffered or incurred by us as a result. You will make sure in particular that no unauthorised entries are made in any tented enclosure, and that no walls, poles, ropes, anchors, wires or other parts of any structure are moved, removed, altered or modified.
5.7 If we incur any cost, or if our eEquipment is damaged, through your failure to follow any of these conditions you will be responsible to compensate us fully for that loss.
5.8 The maintenance of the building, and the maintenance and repair of mechanical components e.g. doors and electrical components e.g. lights, compressors is your responsibility. You are also responsible for the maintenance of gutters.
5.9 The Equipment is designed to achieve the useful life return period specified in the Order, should you continue to hire the Equipment for a period exceeding the advised return period and/or environmental factors exist (such as flooding, gales, etc.) that might affect the useful life return period, it is your responsibility to have the Equipment re-assessed by a structural engineer. We will not be liable for any direct or indirect losses arising from the use of the Equipment after the useful life return period specified in the Order or to the extent that the useful life return period is reduced as a consequence of environmental factors that might affect the equipment.
- Electrical Goods
6.1 Where appropriate you will ensure that there is a suitable electrical supply to the structure adequate for the Equipment. If a supply is not available you will notify us before we deliver the Equipment to site. We can then arrange for a portable supply at your expense to be agreed.
6.2 Electrical Equipment must be used with the original plugs or sockets fitted. If you need to fit other suitable plugs or sockets, any work must be carried out with our approval and by a competent and qualified person, who must also return the equipment to its original condition.
6.3 You are responsible to ensure that you have a suitable and adequate electricity supply for the Equipment.
6.4 You must never use electrical goods that are not earthed properly, and you must observe any regulations applying to the use of goods including the Electricity at Work Regulations 1989, while you are responsible for the goods.
7.1. Nothing in these conditions shall limit or exclude our liability for:
7.1.1. death or personal injury resulting from our negligence;
7.1.2. fraud or fraudulent misrepresentation;
7.1.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979;
7.1.4. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or
7.1.5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
7.2. Subject to clause 7.1 we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
7.2.1. loss of profits;
7.2.2. loss of sales or business;
7.2.3. loss resulting from damage to property;
7.2.4. loss of agreements or contracts;
7.2.5. loss of anticipated savings;
7.2.6. loss of use or corruption of software, data or information;
7.2.7. loss of or damage to goodwill;
7.2.8. loss associated with change to legislation having retrospective affect regarding Equipment already installed; and
7.2.9. any indirect or consequential loss.
7.3. We will not be liable for any delay in installing or dismantling Equipment, which is caused by reasons that are beyond our reasonable control.
7.4. We will not be liable for any loss or damage, whether to our Equipment, where this is caused by factors out of our reasonable control. This would include, but is not limited to, negligent or malicious acts of third parties, inclement weather conditions etc.
7.5. The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
7.6. The maximum amount for which we will be liable in any circumstances is the higher of 12 months hire charge payable under the contract and calculated by reference to the 12 months period preceding the date of the claim, and to the extent that the liability is insured, the amount that the insurer will pay to discharge the associated liability. This limit does not apply in respect of any claim for death or personal injury, which results from negligence on our part.
7.7. You will indemnify and hold us harmless from and against all Claims, Losses, damages, liability, costs (including legal fees) and expenses which we may suffer or incur directly or indirectly from your breach of any obligations under the Contract or failure to comply with local building regulations and planning permission or UK building regulations.
- Health and Safety
We aim to provide a safe and hazard free work environment for all our employees engaged in installing, maintaining and supervising our Equipment when on site. To ensure that all site operations are conducted in accordance with safe working practices and comply with relevant health and safety regulations, we require you to supply us with a copy of your health and safety policy (where available) before the Equipment is delivered to site, together with details of any specific site condition and/or restriction which requires safety consideration.
- Insurance of Goods
Insurance of all goods provided post delivery under this contract is the responsibility of the hirer. Aganto Ltd shall be responsible for insurance until delivery. Thereafter, it is a condition of hire that our Equipment is insured from arrival on site for the full period and Aganto Ltd must be noted on the hirers insurance as an interested party. The cover should be All Risks and include, new for old replacement cost, re-instatement costs, loss of rental income by Aganto and terrorism. In the event of any loss or damage to the Equipment the hirer will continue not only to be responsible for payment of any loss but continue to be responsible for the hiring charges for the full hire period.
- Ending the Contract
10.1 We may end this contract if: –
10.1.1 you break its terms; or
10.1.2 you become bankrupt; or
10.1.3 as a Company you start to be wound up, or a Receiver or Administrator is appointed over all of part of your assets; or
10.1.4 you enter into any agreement with your creditors or a voluntary agreement is made which affects you or
10.1.5 you enter into a voluntary arrangement.
If we end the contract in these circumstances, it will end immediately and we may repossess any or all of our Equipment. If we end the contract it will not affect our right to recover any money you owe us under this contract or damages we claim as a result of you breaking this contract.
10.2 You may end this contract by giving clear notice in writing, but if you do, you will be liable to pay us a percentage of the hire charges shown in the contract (plus VAT) depending on the length of time left between our receiving your written notice and the date shown in the contract by which the Equipment was to be installed and ready for use. The amount payable by you will be on the following scale:-
10.2.1 more than 60 days notice – 25% plus VAT
10.2.2 less than 60 days notice but more than 30 days notice – 50% plus VAT
10.2.3 less than 30 days notice – 100% plus VAT
- Our Rights of Access
We may enter any land or premises where we reasonably believe the goods are, at reasonable times and after giving reasonable notice (except in cases of emergency). We can only have this access if we need to inspect, test, repair, service, maintain, replace or repossess the Equipment.
12 Entire Agreement
12.1 This agreement constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
21.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in this agreement.
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
14 Third Party Rights
The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
Except as set out in these Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by the parties (or their authorised representatives).
16 Governing Law and Jurisdiction
16.1 The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
16.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.