Definitions and Interpretation
[1.1] Owner means the company Safesite Temporary Fencing Ltd which will be referred to as SSTF throughout the terms and conditions.
[1.2] Hirer means the person, company or legal entity hiring the equipment. Where the context permits it includes Hirer’s employees and contractors.
[1.3] Equipment means all fence brackets, fence panels and concrete blocks supplied by the Owner.
[1.4] Agreement means the contract between the Owner – SSTF and the Hirer in relation to the hiring of temporary fencing equipment which will be governed by these Terms and Conditions together with the hirer’s Trade Account Application and quotation provided by SSTF [if any]
Rates and Retail Period
[2.1] During the Rental Period Hirer must pay SSTF a hire fee calculated in accordance with the pricing schedule.
[2.2] The hire fee must be paid in the manner and in accordance with the payment terms specified on any invoice issued by SSTF. SSTF may require payment of some or all of the hire fee prior to Delivery. Hirer must notify SSTF within seven days of any errors with the invoice.
[2.3] Not receiving an invoice will in no way relieve Hirer of its responsibility for the payment of amounts due. Failure to pay amounts due within seven days of a debt becoming due for payment or such term otherwise agreed to in writing by SSTF will be considered a breach of this Agreement. Hirer must pay SSTF on demand on a full indemnity basis, all costs incurred in recovering any amount owed to SSTF by Hirer.
[2.4] Hirer may not deduct or withhold from any part of the hire fee payable by it any amount which is owing or is claimed to be owing and whether as retention money or otherwise, to Hirer by SSTF.
[2.5] Hirer agrees to pay SSTF a service charge on all past due balances at the rate of 1.5%per month or part thereof from the due date for payment until the payment is made.
[2.6] SSTF has a one month minimum rental charge.
Receipt of Equipment
[3.1] On Delivery of the Equipment Hirer must satisfy itself that: It has received the Equipment in satisfactory condition and in the quantity ordered. The Equipment is suitable and fit for the purpose for which the Hirer intends to use it.
[3.2] Hirer must notify SSTF within 24 hours if it is not satisfactory. Failing such notification, Hirer will be deemed to have accepted the Equipment in the condition it was provided as suitable and fit for the purpose for which the Hirer intends to use the Equipment.
Damaged and Missing Equipment
[4.1] If Equipment is returned or collected in a condition which in the reasonable opinion of SSTF renders it unusable for hire, or if Equipment is missing or stolen, Hirer must pay SSTF on demand the cost of replacement or repair of the Equipment calculated in accordance with the relevant damaged and lost materials list as published on SSTF website safesitefencing.com from time to time. In no circumstances will title to
the Equipment or any part of it pass to the Hirer.
Location and the Use of Equipment
[5.1] Hirer must expressly inform SSTF of the location of the Equipment during the Rental Period.
[5.2] Hirer must not: Part with possession of the Equipment. Permit the dismantle or removal of Safesite Temporary Fencing from the location at
which Hirer requested the location and erection of Fencing without written consent and the use of Safesite Temporary Fencing Staff .
[5.5] Hirer must store Equipment in a safe place, and do all other things necessary to ensure the continued safety and preservation of the Equipment.
[5.6] Hirer is responsible for bracing fence if fixing signage onto Equipment.
[6.1] SSTF may terminate this Agreement and recover the Equipment at any time following seven days written notice to the Hirer.
[6.2] SSTF may enter any premises where Equipment or any part of it is believed be located for the purpose of inspecting Equipment.
[6.3] Ensuring compliance with any law, including any law relating to health and safety exercising its right to take possession or control of the Equipment.
[6.4]If hirer in any way fails to perform or breaches any provision of this Agreement becomes insolvent or in SSTF reasonable opinion is likely to become insolvent SSTF may at its discretion to all or any of the following; Terminate the Agreement upon seven days of written notice Retake possession of the Equipment holding the Hirer fully liable for all hire fees.
[7.1] Any persons signing documentation on behalf of the Hirer in respect of the hire of Equipment warrants that they: Have the Hirer’s authority to contact SSTF on the Hirers behalf. Have been authorised by the Hirer to hire Equipment under this Agreement and consents to indemnity SSTF against all losses, costs and claims incurred by SSTF if thisis not the case.
Change of Terms and Conditions
[8.1] SSTF may amend these terms and conditions at any time by publishing the amendments omits website or otherwise notifying Hirer in writing. Such amended terms and conditions will govern each subsequent hire of equipment by SSTF to the Hirer.
[9.1] Any failure of SSTF to insist upon strict performance by Hirer of conditions and terms of this Agreement will not be construed as a waiver of SSTF’s right to demand strict compliance.
[9.2] SSTF may exercise its rights under this Agreement personally or through its agents.
[9.3] Upon signing this Agreement you agree to and the terms and conditions set out above.