Terms & Conditions

1. These conditions have effect in substitution for and to the exclusion of any conditions put forward by the hirer.
2. The Complete contract is the document or documents that set out these terms and conditions and all other details relevant to a particular hiring and is hereinafter referred to as “the Contract”. The parties to the Contract are Moxhams Ltd (hereinafter referred to as “the Supplier”) and the hirer named in the Contract and where applicable any person purporting to act on behalf of the hirer. The hired items are those specified in the Contract and are hereinafter referred to as “the Equipment”. In these conditions consequential loss shall include any loss of contracts or loss of profits whatsoever.
3. The Contract shall come into being between the Hirer and the Supplier and when the Hirer has placed an order, detailing his requirement and agreeing to be bound by these Conditions and the Supplier has accepted the order.
4. The person making the Contract warrants that he has authority of the Hirer to make this Contract on the Hirer’s behalf and thereby agrees to indemnify the Supplier against all losses and costs that may be incurred by the Supplier if this is not so. The Said person and Hirer jointly and severally undertake that no-one shall use the Equipment who is not properly instructed in its safe and proper operation, to ensure that every user in possession of instructional material (if any) supplied by the Supplier and not to allow the Equipment to be misused.
5. The Hirer will pay the hire charge stated in the Contract. Hire charges will commence from the time stated in the Contract and will continue during the period of hire until the Equipment is restored to the Supplier in a clean and serviceable condition against the Supplier’s receipt. All time is chargeable including Saturdays, Sundays and Bank Holidays. All charges are payable on demand and if payment is not made on the due date the Hirer will pay interest on any such sums not so paid at the base rate of Nat West Bank plc from time to time in force plus 4% calculated on a day to day basis. This shall be without prejudice to any other rights or remedies of the Supplier. Any legal charges incurred in the recovery of money or equipment will be paid by the Hirer. Any equipment not restored to the Supplier will be subject to a charge equating with all financial loss to the Supplier.
6. Any time stated or quoted for delivery are approximate only. Hire charges do not include carriage and any expenses incurred by the Supplier in delivering or recovering equipment or attempting to recover the same will be paid by the Hirer. Where carriage charges are quoted by the Supplier such charges will cover only the time required to load or unload alongside the Supplier’s vehicle at the address specified by the Hirer. Further time or attendance will be paid for by the Hirer.
7. Where, for administrative convenience, the Hirer or his agent is requested by the Supplier to sign for the receipt of the Equipment before the Equipment is handed over, the Hirer or his agent will examine the Equipment at the time of actual hand-over and the effect of such signature shall not become operative until immediately after such hand-over.
8. Where the Equipment is electrical in part or in whole it should normally be used with plugs and/or sockets as fitted. Any temporary replacement with other suitable plugs or sockets must be carried out by a competent person who must also reinstate the Equipment to its original condition. It will be the Hirers responsibility at all times to arrange a suitable supply of electricity for use with the Equipment. Under no circumstances shall electrical Equipment be used without being correctly earthed unless it is of double insulated specification.
9. The Hirer will keep himself acquainted with the state and condition of the Equipment and ensure that it remains safe serviceable and clean. Any breakdown or unsatisfactory working of Equipment must be immediately notified to the Supplier. Under no circumstance will the Hirer repair or attempt to repair the Equipment unless authorised by the Supplier. The Equipment must be returned to the Supplier’s premises for examination or when rectification elsewhere is requested and the Hirer agrees to pay carriage if required by the Supplier. If the Equipment is involved in any accident resulting in damage to the Equipment or other property or injury to any person, the Hirer will notify the Supplier immediately.
10. Equipment must not be removed from any site originally specified by the Hirer or from any subsequently authorised site without the authority of the Supplier.
11. The Supplier shall not be liable for any consequential loss to the Hirer including any expense, liability, loss, claim or proceeding, whatsoever caused by, or arising out of the late delivery, non-delivery, unsuitability, or lawful repossession of the Equipment or any part thereof or any breakdown or stoppage of the same. Nothing in this cause shall affect the statutory rights of a person dealing as a consumer as defined by the Unfair Contract Terms Act 1977.
12. The Hirer agrees to pay to the Supplier the full replacement cost of any Equipment which is lost or stolen or damaged beyond economic repair and without any deduction for usage, wear and tear or age, and should insure the goods on this basis. All monies received by the Hirer from an insurance company or from any other source in settlement of any claim relating to the loss, theft or damage of any Equipment shall, to the extent that any payment is due to the Supplier under this Condition, be held in trust by the Hirer and paid to the Supplier on demand. The Hirer shall not compromise any claim without the express consent of the Supplier.
13. (i) The Hirer accepts full responsibility for the care and safe-keeping and return in good order of the Equipment.
    
    (ii) The Hirer will pay to the Supplier all costs incurred by the Supplier in rectifying the condition of any Equipment returned damaged or unclean. Additionally, the Hirer will pay to the Supplier a charge, equating to the financial loss to the Supplier until such rectification is complete.
    
    (iii) In the case of Equipment which is lost or stolen or damaged beyond economic repair the Hirer will in all cases meet the Hirer’s obligations under condition 12. Additionally, in any case where the loss, theft or damage aforesaid results from any breach of contract or negligence on the part of the Hirer, the Hirer accepts liability to pay for all financial loss to the Supplier until the liability referred to in Condition 12 is discharged. The Hirer’s liability under this Condition shall be without prejudice to any other rights of the Supplier.
14. The Supplier shall be entitled at any time if the Hirer is in breach of this Contract or if any act or proceeding in which the Hirer’s solvency is involved is commenced, to terminate this Contract such termination to be effective immediately and to repossess the Equipment or part thereof. Such termination shall not affect the right of the Supplier to recover from the Hirer any monies due under this Contract or damages for breach thereof.
15. The Hirer hereby authorises the Supplier (upon production of this document) to enter upon any land or premises wherein the Supplier reasonably believes any Equipment, or any part thereof to be, and in so far as the Supplier in his absolute discretion deems necessary, to inspect, test, repair, replace or repossess the same.
16. Any failure by the Supplier to enforce any or all of these conditions shall not be construed as a waiver of any of the Supplier’s rights hereunder.
17. These conditions shall be interpreted severally and the Contract shall be governed by the Law of England and subject to jurisdiction of the English Courts.