Page 368 - Full GAP Catalogue 2020 (digital)

366 / Terms & Conditions

any damage or loss caused to the Equipment or to any third party property which occurs as (i) We will not be liable for any delays caused by any circumstances beyond our reasonable
a result of this failure. control.
(ii) We will ordinarily service the Equipment once a week (or as otherwise agreed in writing). (ii) We will not be liable for any indirect consequential or special loss, loss of business, profits,
We will not be required to service the Equipment if it has been moved without our consent. goodwill, contracts, revenues, savings you expected to make, wasted money, wages, fees
It is your responsibility to contact us if weather conditions have affected your site, which are or expenses, due to late delivery, non-delivery, unsuitability, breakdown or stoppage of the
likely to prevent us carrying out the service. You should ensure that the Equipment is fixed Equipment or any part of it, even if you have advised us of the possibility of such loss or
to the ground so that it cannot be removed or fall over. Where the Equipment provided damage.
is a portable toilet it is offered in accordance with BS6465 and any relevant subsequent (iii) Nothing in these terms and conditions shall exclude us from liability for death or personal
standards. We recommend a ratio of 1 toilet to 7 persons where weekly servicing is provided injury caused by our negligence, fraudulent misrepresentation or any other type of liability
and accept no liability where this recommendation is not followed. Any recommendation which cannot be excluded or limited by operation of law.
we informally make about the amount of Equipment you may require does not form part (iv) Our total Liability to you whether in Contract, tort, statutory breach of duty or otherwise,
of the contract between us. It is your responsibility to ensure that all persons using the arising under or in connection with the contract shall not exceed 5 times the amount of the
Equipment are fully aware that the water provided as part of the Equipment (if any) is Charges or the sum of £1,000, whichever is the higher, under that Contract. To the extent
not potable. It is your responsibility to ensure that any water used in connection with the that any of our Liability to you would be met by our insurance then our Liability shall be
operation of the facility provided is free of contamination including water borne diseases. extended to the extent that such Liability is met by such insurance
It is your responsibility to ensure that all other contamination (including but without (v) This clause will survive termination or expiry of these terms and conditions.
limitation), needles, sharps, and other waste products or foreign objects are removed from
the Equipment before it is returned to us. (We will charge you any costs we incur in restoring 19. INSURANCE AND YOUR RESPONSIBILITY FOR LOST, STOLEN OR
the Equipment to a clean state if this clause is not complied with). It is your responsibility to DAMAGED EQUIPMENT
ensure that the Equipment is not used after the termination of the hire period. You will pay to us the replacement cost of any Equipment which is lost or stolen or damaged
beyond economic repair. You are advised to insure the Equipment on this basis. You will hold
16. PROVISIONS RELATING TO TRENCHING AND SHORING EQUIPMENT in trust for us and pay to us on demand all money you receive from an insurance company
(i) If we provide a CAD Design service for your Trenching and Shoring project you will be or from any other source in settlement of any claim relating to the loss, theft or damage of
responsible for providing us with all information which could be relevant to the design. This any of the Equipment. You must not compromise any claim without our express consent.
includes but is not limited to details of the ground conditions on the site, the soil type and
angle of any slope, a geotechnical report including, but not limited to soil pressures, the 20. NON-RETURNED, LOST, STOLEN, DAMAGED OR UNCLEAN
locations of any underground structures, water courses or existing services in the area, EQUIPMENT
location of scaffold footings, buried services or the foundations of nearby buildings or walls
adjacent to the site, operational activities and vehicular movement. You are responsible (i) You have full responsibility for the care, safekeeping and return in good order of the
for ensuring the accuracy of all information about the site and of any measurements you Equipment.
provide. Surveys of the foundations and the advice of a structural engineer may be required (ii) You will pay to us all costs we incur in rectifying any Equipment returned damaged or
in addition to any CAD Design we provide and you should instruct this separately. unclean. Additionally, you will pay for our financial loss until such rectification is complete.
(ii) You are responsible for insuring that when implementing any CAD Design we provide (iii) Where Equipment is lost or stolen or damaged beyond economic repair, you will pay for
that before digging any trench pit, tunnel, or other excavations, you have the necessary all financial loss to us until you have paid to us the replacement cost. This is without
temporary support and all Equipment including (trench sheets, props, baulks etc.) are prejudice to our other rights.
available on site before work starts.
(iii) We may recommend Edge protection in our CAD Design which includes toe boards, 21. CONFIDENTIAILTY, DISCLOSURE AND DEFAMATION – YOUR
trench sheets or box sides even with this equipment in place you should still ensure that ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
appropriate head protection is worn and that edges of excavations are protected with If an incident should occur on your Site or elsewhere in which a piece of our Equipment
substantial barriers. provided to you is involved this must be reported to us as soon as possible. No announcement
(iv) You are responsible for ensuring inspection of the evacuation site is carried out by a relating to our Equipment should be made or any blame attributed to our Equipment
competent person who fully understands the dangers and necessary precautions each day without our having had the opportunity to investigate the incident. Any press release,
and that plant and machinery is not parked near to the evacuation site. discussion, briefing or industry circular which falsely attributes blame to our Equipment
(v) Any faults that are found with the Equipment provided should be corrected immediately will be investigated and we will take appropriate action against any party who makes
and reported to us. We provide a temporary works design only service and take no inaccurate statements about our Equipment when another factor out with our control such
responsibility for the failure of that design in use. You are responsible for the safety of and as operator error, site conditions or your failure to comply with a clause of this Contract was
the implementation of the design on site. The design we have provided should not be used if to blame. Making inaccurate statements about our Equipment may cause us financial loss.
site conditions have changed, or if we have not been provided with all relevant information If this occurs we will seek to recover that loss from you. We take matters of this nature very
or if on inspection it has not produced a stable and safe working space. seriously and may refuse to hire Equipment or sell Goods to you in the future should you fail
(vi) For the avoidance of doubt if you do not instruct our CAD Design service then all to comply with the terms of this clause.
trenching shoring equipment is provided on a hire only basis and we cannot advise on the
type or quantity required. 22. DATA PROTECTION AND DATA PROCESSING
You acknowledge that for the purposes of UK Data Protection Legislation (meaning any data
17. LOCATION OF EQUIPMENT protection legislation from time to time in force in the UK including the Data Protection Act
Equipment must not be removed without our authority from any site originally specified by 1998 or 2018 or any successor legislation.) and (for so long as and to the extent that the
you or from any site we subsequently authorise. Where we give authority for you to re-hire law of the European Union has legal effect in the UK) the General Data Protection Regulation
the Equipment to a third party, you are deemed to retain control of the Equipment from us ((EU) 2016/679) and any other directly applicable European Union regulation relating to
whether or not it might remain in your possession. You shall be solely responsible for the privacy we will comply with all applicable requirements of the Data Protection Legislation.
payment of all hire charges and liability incurred. For the purposes of the Data Protection Legislation you are the data controller and we are
the data processor (where Data Controller and Data Processor have the meanings as defined
18. LIMITS OF OUR LIABILITY- YOUR ATTENTION IS PARTICULARLY in the Data Protection Legislation). You will ensure that you have all necessary appropriate
DRAWN TO THIS CLAUSE consents and notices in place to enable lawful transfer of the Personal Data to the Provider
for the duration and purposes of this agreement. We shall, in relation to any Personal Data