Redwood Landscapes and Consultancy Services Limited
Our Terms and Conditions of Equipment Hire
1. Clarifying Terms in this Agreement
(a) The ‘Owner’ means Redwood Landscapes and Consultancy Services Ltd, whose Registered Office is at Hardy House, Northbridge Road, Berkhamsted, HP4 1EF.
(b) The ‘Equipment’ means each piece of equipment or machinery described in the agreement or any other piece of equipment or machine supplied by the Owner as a replacement in the event of a breakdown.
(c) The Hirer means any individual, sole trader or business customer who enters into an Equipment Hire Agreement with Redwood Services Ltd.
(d) A ‘day’ includes any part of a day or 7 hours.
(e) The minimum period of hire shall be one day.
(f) A ‘week’ means a period of 5 days including the day of delivery of the equipment and the day of its return.
(g) A ‘month’ means a period of 20 working days.
2. The Hirer agrees with the Owner the following:
(a) To pay a hire charge at the rate/s agreed to for each day/week of hire of the equipment. Such hire charges are to be paid in full within 28 days of the last days’ hire. Interest on overdue invoices shall accrue from the day after the payment becomes due until the date of payment at a rate of 10% of the outstanding amount.
(b) Equipment will be either collected by the Hirer at an agreed date and time within thirty minutes either side of the agreed date and time. Or, delivery of the equipment shall be made to the Hirer’s address on the Delivery Date. The Hirer shall make all arrangements necessary to take delivery of the equipment whenever they are tendered for delivery. Delivery shall be deemed to have occurred when all of the necessary paperwork is completed including:
- the delivery note, with terms and conditions, signed by or on behalf of the Hirer
- the required pre-payment (if not an approved account holder with Redwood landscapes and consultancy services Ltd) by the Hirer and cleared through the Owners’ bank account
- a pre-authorisation payment has been secured for the replacement value of the equipment by credit or debit card
(c) Subject to the provisions of Condition 3 (a) to keep the equipment in the working order in which was delivered (realistic wear and tear excepted), to carry out necessary fundamental maintenance in accordance with the manufacturers’ recommendations including maintaining correct oil, water and battery levels, correct tyre pressures etc.
(d) To report to the Owner immediately any breakdown of the equipment or weather conditions making it unusable, or any accident involving the equipment.
(e) If the hiring is from day to day to give at least one days’ notice of termination of the hiring. If the hiring is for a fixed period to return the equipment to the Owner not later than 5pm on the last day of the period.
(f)To accept complete responsibility for all risk assessments and method statements for all work carried out using the equipment.
(g) To accept complete responsibility for any personal injuries or other damage of any kind whatsoever suffered by the Hirer, his servants or agents or any other person whatsoever arising out of the hiring of the equipment whether resulting from breakdown or defect in the equipment itself or the wilful or negligent act or omission of the Hirer or the operator or any other person (whether authorised to operate the equipment or not) or from any other cause whatsoever and to indemnify the Owner against all claims and liability in respect of such injuries and damage.
(h) Not to part with possession of the equipment or remove it to other site/s than those to which was delivered except with the Owners consent in writing and not to charge or sub hire the equipment in any way whatsoever.
(i) To permit the Owner to inspect the equipment on reasonable notice and to carry out such work thereon from time to time as the Owner may think necessary.
(j) To keep the equipment safe and to indemnify the Owner against any theft, accidental loss or damage thereto including loss or damage (i) sustained in delivery of the equipment to the Hirer or the return to the Owner unless the delivery or return shall be performed by the Owner or the Owner’s employees (ii) caused by any third party (iii) sustained in the course of recovery of the equipment from bad ground and (iv) by theft or fire frost.
(k) Not to permit the equipment to be operated by anyone other than skilled operator or to be used in a manner or for a purpose for which it is not designed or reasonably suitable or for a use which is not covered by a Road Fund Licence for an Agricultural machine.
(l) Not to remove from the equipment any safety guards, nameplates, marks, numbers or notices affixed thereto.
(m) To pay any costs, damage, losses, charges and expenses incurred by the Owner or his agent in collecting arrears of any moneys payable hereunder or in exercising any of the powers contained herein
(n) To pay the cost of any repairs or replacement, to the equipment becoming necessary as a result of a breach of the Hirer of the provisions of paragraphs (a)(b)(g)(h)(i)(j) and (k) hereof and without prejudice to the generality of the foregoing to pay the cost of repair or replacement of any power take off guard.
3. The Owner agrees with the Hirer the following:
(a) To deliver the equipment to the Hirer in good working order and condition at the commencement of the hiring and condition at the commencement of the hiring and in the event of breakdown to put the equipment back into good working order as soon as possible and provided the breakdown is not due to the wilful or negligent act of omission of the Hirer his servants and agents of the breach by the Hirer or his obligations under this agreement.
4. It is further agreed the following:
(a) That the Owner shall under no liability whatsoever to the Hirer in respect of any consequential loss however arising or from loss or damage due to late or non-delivery or breakdown of the equipment.
(b) That in the event of any breach by the Hirer of any of the Agreements and conditions, herein contained the Owner shall be entitled forthwith to terminate the hiring and retake possession of the equipment but without prejudice to any rights of action by the Owner against the Hirer for arrears of Hire Charge or damages for breach of the Agreement.
(c) The acceptance of delivery of the equipment by the Hirer shall be conclusive that he has examined it and found it to be complete and in good order and condition and in every way satisfactory to him.
(d) That the Owner shall have the right to make a charge additional to the quoted rate in the event of excessive wear on the equipment resulting from ground conditions.
(e) That the Owner shall have the right to charge the Hirer for the replacement value of the equipment in the event that it is stolen whilst in the Hirer’s possession.