Page 373 - Full GAP Catalogue 2022

Terms & Conditions / 371

such 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 company or to the parent company
will be deemed to be acceptable as a counter-claim in this context. You
will also pay to us any charges we reasonably incur in the recovery from
you of money or Equipment. We reserve the right to vary the hire charges
HIRE SOLUTIONS by giving you not less than thirty (30) days prior written notice. Where
we have granted monthly account facilities to you in writing, all invoices
General Conditions for the Hiring of must be paid by the last day of the month following the month of delivery.
Where no such facilities have been granted, payment will be made at
Equipment or Purchase of Goods the time you place your order, or where previously agreed, on delivery.
Unless specifically stated otherwise, prices and rates shown in quotations,
contracts, invoices, certificates and correspondence are nett exclusive of
VAT, which will be payable to us as an addition to the hire charge at the
1. DEFINITIONS AND LAW rate or rates laid down from time to time by Law. We shall be entitled to
adjust the rates and amount of VAT retrospectively or otherwise comply
The “Contract” is the document or documents that set out these Conditions with any rulings made by H M Customs and Excise affecting any goods
and all other details about your agreement with us. “We” and “Us” mean sold, hired or provided by us.
the supplier of the hired Equipment or the seller of the Goods. “You”
means the person, firm, company, corporation or public authority or 3. DELIVERY AND CARRIAGE CHARGES FOR HIRED EQUIPMENT
body to whom we supply Equipment on hire or to whom we sell Goods.
“Equipment” means the hired items referred to in the Contract. “Goods” Hire charges do not include carriage. You will pay to us any agreed charges
means the Goods we have sold to you which are as described in our for delivering or collecting Equipment. Where we quote carriage charges,
catalogues or in any separate goods specification we have provided you these include only the time required to load or unload alongside our vehicle
with. “Recipient” means the person, firm, company, corporation or public at the address you have specified. You will pay extra for any further time
authority to whom the Goods are delivered, when it is not you. These or attendance including any attempt by us to carry out your pre-arranged
Conditions exclude any terms and conditions you may have put forward, instructions for delivery or collection which is unsuccessful due to your
except where we have agreed to any amendments or other conditions in acts or omissions. You should satisfy yourself on delivery of the suitability
writing. These Conditions do not affect the statutory rights of a person of the Equipment and that your requirements will be fulfilled by the
dealing as a consumer as defined by the Unfair Contract Terms Act 1977 or Equipment recommended prior to accepting the delivery. Time shall not be
any statutory modification of that Act. The Contract will be governed by of the essence in relation to delivery or collection. Dates or times quoted
and interpreted in accordance with English Law. 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
2. BASIS OF CHARGING/PAYMENT representative available at the time of delivery to instruct us regarding
that position. You will be responsible for any parking or standing charges
You will pay the hire charges or purchase price stated in the Contract. we incur during delivery.
Hire charges will begin at the time stated in the Contract and will continue
during the period of hire until we have given you a collection or off-hire 4. RECEIPT OF GOODS
number, or until you have restored the Equipment to us in a clean and
serviceable condition and we have given you a receipt for it. All time is You, or the Recipient on your behalf, will receive and unload the Goods
chargeable including Saturdays, Sundays and Bank Holidays. All charges and should check them for quantity and condition in the presence of the
are payable on demand. If payment is not made when due, we will be carrier. If there is a shortage or if any of the Goods are in an unsatisfactory
entitled to interest on the amount that is overdue at four per cent above condition, you or the Recipient must so endorse the carrier’s delivery
the prevailing base rate of National Westminster Bank PLC calculated on a document and must give a separate written notice of this to us within
daily basis and all other sums payable under the Contract will fall due. This three days of delivery. If this condition is not observed, no claim in respect
will be without prejudice to any other rights or remedies we may have. of shortage or of unsatisfactory condition of the Goods will be entertained.
Should a dispute arise in respect of any specific item described by any If you or the Recipient are not present when the Equipment is delivered
specific invoice you shall not be entitled during the course of this dispute we will despatch a Hire Delivery Note to you. Your Hire Delivery Note shall
to withhold any sums for payment beyond those specifically relating to be conclusive proof of the delivery of the Equipment set out therein. We
the disputed items(s). A counter-claim against us will only be accepted undertake that the Goods will conform in all material respect with their
for deduction from any payment made to us where we have agreed to description, be free from material defects in design. We shall at our option