Page 366 - Full GAP Catalogue 2020 (digital)

364 / Terms & Conditions

pay extra for any further time or attendance including any attempt by us to carry out your
pre-arranged instructions for delivery or collection which is unsuccessful due to your acts
or omissions. You should satisfy yourself on delivery of the suitability of the Equipment and
that your requirements will be fulfilled by the Equipment recommended prior to accepting
the delivery. Time shall not be of the essence in relation to delivery or collection. Dates
or times quoted by us are estimates only and not guaranteed. Where we have agreed to
position the Equipment in a specific location you must have an authorised representative
available at the time of delivery to instruct us regarding that position. You will be responsible
for any parking or standing charges we incur during delivery.
General Conditions for the Hiring of 4. RECEIPT OF GOODS
You, or the Recipient on your behalf, will receive and unload the Goods and should check
Equipment or Purchase of Goods them for quantity and condition in the presence of the carrier. If there is a shortage or if
any of the Goods are in an unsatisfactory condition, you or the Recipient must so endorse
the carrier’s delivery document and must give a separate written notice of this to us within
1. DEFINITIONS AND LAW three days of delivery. If this condition is not observed, no claim in respect of shortage or of
The “Contract” is the document or documents that set out these Conditions and all other unsatisfactory condition of the Goods will be entertained. If you or the Recipient are not
details about your agreement with us. “We” and “Us” mean the supplier of the hired present when the Equipment is delivered we will despatch a Hire Delivery Note to you. Your
Equipment or the seller of the Goods. “You” means the person, firm, company, corporation or Hire Delivery Note shall be conclusive proof of the delivery of the Equipment set out therein.
public authority or body to whom we supply Equipment on hire or to whom we sell Goods. We undertake that the Goods will conform in all material respect with their description, be
“Equipment” means the hired items referred to in the Contract. “Goods” means the Goods free from material defects in design. We shall at our option repair or replace defective goods
we have sold to you which are as described in our catalogues or in any separate goods or refund the price of the goods in full if we are given reasonable opportunity to inspect the
specification we have provided you with. “Recipient” means the person, firm, company, goods and we agree that they do not meet their specification.
corporation or public authority to whom the Goods are delivered, when it is not you. These 5. RISK AND TITLE TO EQUIPMENT
Conditions exclude any terms and conditions you may have put forward, except where
we have agreed to any amendments or other conditions in writing. These Conditions do The ownership of the Equipment will remain with us and we reserve the right to dispose
not affect the statutory rights of a person dealing as a consumer as defined by the Unfair of the Equipment which we have supplied at any time to you. For the duration of the hire
Contract Terms Act 1977 or any statutory modification of that Act. The Contract will be you will hold the Equipment on our behalf and will be under an obligation to return the
governed by and interpreted in accordance with English Law. Equipment to us on demand.
2. BASIS OF CHARGING/PAYMENT 6. RISK AND TITLE TO GOODS
You will pay the hire charges or purchase price stated in the Contract. Hire charges will (i)The risk in the goods will pass to you immediately on delivery of the Goods to you or to
begin at the time stated in the Contract and will continue during the period of hire until we the recipient.
have given you a collection or off-hire number, or until you have restored the Equipment (ii) the ownership of the Goods will remain with us and we reserve the right to dispose of
to us in a clean and serviceable condition and we have given you a receipt for it. All time the Goods until you have paid in full for all goods which we have supplied at any time to you.
is chargeable including Saturdays, Sundays and Bank Holidays. All charges are payable on Until such payment has been made in full you will hold the Goods on our behalf and will be
demand. If payment is not made when due, we will be entitled to interest on the amount under an obligation to return them to us on demand. You will permit us to enter any land or
that is overdue at four per cent above the prevailing base rate of National Westminster premises of yours to recover our Goods.
Bank PLC calculated on a daily basis and all other sums payable under the Contract will fall 7. WHEN THE CONTRACT COMES INTO BEING
due. This will be without prejudice to any other rights or remedies we may have. Should a
dispute arise in respect of any specific item described by any specific invoice you shall not The Contract comes into being when you have placed an order giving details of your
be entitled during the course of this dispute to withhold any sums for payment beyond requirements and have agreed to be bound by these Conditions and we have accepted your
those specifically relating to the disputed items(s). A counter-claim against us will only order.
be accepted for deduction from any payment made to us where we have agreed to such 8. ADVICE AND RECOMMENDATION
a deduction in writing. Counter—claims will only be considered for acceptance between
the parties to this contract. No amount which might be due for payment to an associate Where we give information to you or advise you on the choice of Equipment or provide
company or to the parent company will be deemed to be acceptable as a counter-claim in advice, we do not warrant the correctness of any information, advice, or recommendation
this context. You will also pay to us any charges we reasonably incur in the recovery from nor the suitability of the Equipment for a specific use. Save as expressly agreed otherwise,
you of money or Equipment. We reserve the right to vary the hire charges by giving you the same applies for suggestions from us regarding the configuration of the Equipment. Such
not less than thirty (30) days prior written notice. Where we have granted monthly account suggestions are non-binding. They are solely based on the information given by you. You
facilities to you in writing, all invoices must be paid by the last day of the month following should verify whether the suggested configuration can be utilised on the relevant project
the month of delivery. Where no such facilities have been granted, payment will be made at either safely or at all. You must verify and be satisfied with and warrant that all information
the time you place your order, or where previously agreed, on delivery. Unless specifically and data supplied to us by you or your employees or representatives, is accurate and
stated otherwise, prices and rates shown in quotations, contracts, invoices, certificates and complete, in particular sufficient for the provision of any advice regarding the Equipment
correspondence are nett exclusive of VAT, which will be payable to us as an addition to the by us. Unless otherwise agreed, we are not obliged to verify the information given by you or
hire charge at the rate or rates laid down from time to time by Law. We shall be entitled to investigate. All drawings, illustrations, designs, plans, performance figures, computations,
to adjust the rates and amount of VAT retrospectively or otherwise comply with any rulings descriptions, weights and measurements supplied by us to you are approximations only and
made by H M Customs and Excise affecting any goods sold, hired or provided by us. shall not form part of the contract. You are relying on your own experience and judgement
in relation to the Equipment. This applies in particular to the question of suitability of the
3. DELIVERY AND CARRIAGE CHARGES FOR HIRED EQUIPMENT Equipment for the purpose you are hiring it for as well as to the appropriateness of the
Hire charges do not include carriage. You will pay to us any agreed charges for delivering Equipment’s configuration. Any changes to site conditions or other information provided
or collecting Equipment. Where we quote carriage charges, these include only the time by you must be notified in writing to us immediately. We reserve the right to amend our
required to load or unload alongside our vehicle at the address you have specified. You will advice or suggestions for the Equipment’s configuration in accordance with the amended