Erwin Rhodes Contracting Limited (ERC)
1. Payment to be made upon delivery of goods or services unless otherwise agreed.
2. Where credit terms are agreed payment is to be made no later than 30 days after the goods and/ or service is provided.
3. In accordance with the Late Payment of Commercial Debts (Interest) Act 1998 we will charge interest at the Bank of England base rate plus 'statutory interest', currently 8% + 0.5%.
4. In addition to the interest charged in (1.3), a £40.00 charge will be made to cover the cost of recovering late payments.
5. All amounts are plus VAT charged at the current rate.
2. Quotes/ Estimates
1. Prices are correct and current for a period of 30 days from the date specified.
2. Assumptions are made when pricing. These will be laid out within the quote document and upon accepting the offer will form part of the contract of service, this include but not limited to:
(i) ERC employees or sub-contractors are not held up on site without prior written notice and acknowledgment that this delay was specified within the remit of the quote.
(ii) The work required no extra equipment than was initially knew to be necessary for example, the need for a concrete breaker on ground assumed to be soft.
3. Skip Hire
In these conditions
“Owner” Means ERWIN RHODES CONTRACTING LIMITED.
“Hirer” Means the person or company who hires the skip from the Owner.
“Vehicle” Means the Vehicle which is delivering or collecting the skip which is the subject of the contract.
“Driver” Means the driver of the vehicle.
“The site” Means the place where the skip is deposited on the directions of the hirer.
The Owner enters into agreements for the hire of skips and disposal of contents upon the following conditions.
1. No agent or employee of the Owner is permitted to alter or to vary these conditions in any way or to give any consent thereunder, unless he is authorised in writing by the Owner so to do.
2. The Owner will use his best endeavours to comply with the hirer’s requirements but can accept no responsibility for failure to supply or for any delay in supplying skips which may be caused directly or indirectly by any circumstances beyond the Owner’s control or any unforeseen or abnormal conditions or by any act or neglect on the part of the hirer.
3. A) Except as specifically otherwise agreed in writing, the Owner shall be under no obligation to deposit the skip on the highway.
B) The hirer shall keep the Owner indemnified against any claims, demand or penalty arising out of the presence of the skip on the site, which could not have been made or inflicted had the skip not been placed on the site.
4. The hirer shall direct the driver where to deposit or pick up the skip.
5. Where the driver is directed by the hirer to deposit or pick up the skip on or from a site which is off the highway, the Owner shall be under no liability whatsoever to the hirer for any damage howsoever caused whilst the vehicle is off the highway other than such as might have been caused by negligent driving on part of the driver. Without prejudice to condition 3.3 (B). The hirer shall keep the Owner indemnified against any claim or demand which could not have been made had the driver not been so directed. The hirer will compensate the Owner for any damage to the vehicle or the skip, which would not have occurred and the driver not been so directed and which is not due to any negligent driving on part of the driver.
6. Time allowed for depositing or picking up a skip is 10 minutes. If the vehicle is kept waiting longer than this after arrival the hirer shall be liable for reasonable delay.
7. The hirer shall ensure that all permissions required before skips can lawfully be deposited on the site including the permission required under the Highways Act 1980 has been or will be obtained before he directs the driver to deposit the skip.
8. The hirer shall not move the skip from site without consent of the Owner.
9. A) The hirer is only to deposit into the skip inert and non-hazards waste material. The hirer is not to deposit or dispose into the skip any waste material, which would cause contamination of soil or water or cause injury to the health of humans, animals or plant life.
B) If any such waste is deposited or disposed of by the hirer then immediate notice is to be given by the hirer to the Owner.
10. The hirer shall ensure that from the time that the skip is deposited until it is picked up again by the Owner: -
A) It is properly sited in accordance with the permission given.
B) It is properly lighted during the hours of darkness with reflective or fluorescent material.
C) No fires are lit in it.
D) It is filled no higher than the top of its sides.
E) It suffers no damage except fair wear and tear.
F) If conditional permission is granted these conditions are to be complied with.
11. Notwithstanding the terms of condition 10 it shall be the Owner’s responsibility to ensure compliance with any condition imposed by a highway authority relating to marking the skip with reflective paint.
12. Except as specifically otherwise agreed in writing the hirer shall fill the skip within the period of the hire and shall inform the Owner in good time of its readiness for collection or replacement.
13. The Owner shall ensure that the skip is clearly and indelibly marked with its name and telephone number or address.
14. The Owner will remove or reposition the skip if required at any time to do so by a Highway Authority or Constable in uniform under Section 140 of the Highways Act 1980.
15. Except as specifically otherwise agreed in writing the Owner agrees to dispose of the contents of the skip.
16. To the hirer of this skip or container you accept the responsibility as customer to pay when invoiced. By not paying or refusing to pay without good reason, you are accepting that we have the right to return your waste and charge to the hirers address.
4. Machine Hire
1. The person, firm or company (''Hirer'') is hiring the machine described (''Machine'') in relevant forms. The hirer shall be bound by the following terms and conditions while incorporate all the details filed in regards to the hire, any documents referred to in the terms and conditions and the signed pre-hire damage sheet.
2. The Hirer shall be liable to pay all costs of and associated with any repair of any damage which the Machine may suffer as the result of any wilful or negligent act of the Hirer or any servant or agent if the Hirer, whether or not such servant or agent is an authorised operator.
3. The Hirer will compensate ERC for any loss (whether direct, indirect or consequential) which it may suffer as the result of any act or omission on the part of the Hirer or his servant or agent, whether or not such servant or agent is an authorised operator.
4. In addition to any other damage which may be caused by the Hirer's act or negligence, the Hirer shall be specifically liable for any interior damage to the Machine, windscreen damage, broken mirrors, punctures, wheel or track damage and body work.
5. Any damage caused to the Machine as a result of a fire or flooding including operating the Machine in water, the Hirer shall be liable for all costs associated with such damage which included, but is not limited to, engine failure or internal damage resulting from water ingress.
6. The Hirer shall fully and effectively indemnify ERC by way of compensation for ERC's loss of the use of teh Machine in either case from termination of the rental, howsoever occasioned, until such time when:
(i) the Machine has been repaired consequent upon any collision or other damage suffered before the Machine was returned to ERC; or
(ii) the Machine has been replaced because it has been written off as a total loss as a result of the Hirer's proven negligence.
7. The Hirer shall take of necessary precautions to avoid theft of the Machine which included, but not limited to, removing the key when not operating the Machine, parking it in a secure location if available or making it difficult for theft to take place.
8. Where this agreement has been signed by a person on behalf of the Hirer, that person warrants that they are authorised to sign for the Hirer, and in doing so, shall be jointly and severally liable with the Hirer under the terms of the agreement.
9. Neither the Hirer, nor any servant or agent of the Hirer, nor any authorised driver is, or may hold themselves out to be, the owner, employee, servant or agent of ERC for any purpose whatsoever.
10. Machines will be provided with a full tank of fuel, we expect fuel to be returned full by the customer at the end of each hire period. A charge of £1.00 per litre will be added for refilling if this is not done.
11. The hire period starts when the machine leaves our site for customer collections or if delivered upon delivery.
12. The hire period ends when the machine enters our site for customer returns or upon leaving the customers site for collections by ERC.
13. The ''Rental Period'' under this agreement shall not, save in the circumstance at clause (INPUT REQUIRED) below, exceed 60 days and shall be from the ''Date Out'' until the ''Date Due Back'' (in each case) shown of the form, unless:
(i) The Hirer shall terminate the agreement before the Date Due Back; or
(ii) ERC shall terminate the agreement before the Date Due Back by reason of any breach by the Hirer of any term of the agreement; or
(iii) ERC shall for any reason request the return of the Machine before the Date Due Back in any of which events the Hirer shall forthwith return the Machine, provided that the Hirer shall not be liable for any rental charges in relation to any period after the Machine has been returned pursuant to this agreement and where such rental charges have already been paid, ERC shall reimburse the Hirer accordingly; or
(iv) The Machine is a write-off and has not been replaced or is damaged and has not been fully repaired in which case, the provisions in clause 6 above, as the case may be, shall apply.
14. If, with the consent of ERC, the Machine is not returned on the Date Due Back, the Rental Period shall be extended for such further period as may be agreed by ERC and invoiced monthly. All other terms of this agreement shall continue to apply.
15. It is a breach of this agreement for the Hirer to fail to return the Machine to ERC on the Date Due Back and the damages payable for such a breach (in addition to any damages payable in respect of any loss, damage or breach) will be the cost of recovery (where relevant) plus the daily rental charges which would have been payable on ERC's then current tariff for the period from the Date Due Back until ERC either recovers the Machine or receives the full value thereof from the insurer and/or the Hirer, as the case may be.
16. ERC shall not in any way be liable for loss of or damage to any Hirer property stored or transported in or on the Machine, nor does ERC accept responsibility for any Hirer property left in or on the Machine at any time during the Rental Period or after it is returned to ERC's possession. The Hirer shall fully and effectively indemnify ERC against any costs, claims or demands made by it or any third party relating to any such lost or damaged property.
17. The Hirer shall ensure that during the Rental Period, the Machine will not:
(i) Without ERC's prior written consent, be taken outside the United Kingdom.
(ii) Without ERC's prior written consent, be used to propel or tow any other Machine or trailer.
(iii) Be used for any criminal purpose or for racing, competition, or in any other unlawful manner whatsoever.
(iv) Be used in such a manner that it is overloaded (whether in total or in respect of any axle or other part) or is carrying more passengers or goods than it was designed to carry or may lawfully carry.
(v) Be driven and/or used:
(a) in a manner which would render void the relevant policy or other contract of insurance; or
(b) in contravention of any Road Traffic Legislation or Construction and Use of Vehicle Regulations; or
(c) by any person who not is licensed and/or qualified to drive/operate the Machine or who is under the influence of alcohol or drugs; or
(d) in the event of mechanical, electrical or structural failure or other damage if to do so might, in the reasonable opinion of ERC, cause or likely to cause further damage.
(vi) Be altered, enhanced, modified or added to in any manner whatsoever.
18. Under no circumstances shall the Hirer effect any repairs to the Machine costing more than £25.00 without ERC's prior written consent. ERC will refund to the Hirer the cost of any necessary repairs not exceeding £25.00 (or to such higher value if ERC's consent has been obtained) on production of a valid VAT receipt and also with sight of any parts that were replaced.
19. 20. If the Hirer commits any breach of this agreement whatsoever, ERC may treat the agreement as terminated by the Hirer and take lawful possession of the Machine, and the Hirer authorises ERC to enter upon his property for such purpose.
20. During the Rental Period, the Hirer shall be liable as owner of the Machine in respect of:
(i) Any financial penalty or charge which may be demanded by any person, corporation or authority as a result of the Machine having been parked or left upon land which is not a public road; or
(ii) Any congestion zone charges, and and in all cases above, an administration fee of £50.00 for any recharge required to be made in respect of all the above.
22. In addition to the daily rental charge for the Machine, during the Rental Period the Hirer shall be liable for and obliged to;
(i) pay for the entire Rental Period even if the Machine is returned earl, and in circumstances where an inclusive rate for the whole Rental Period has been agreed, ERC reserves the right to charge the Hirer on the basis of the full daily rate, rather than any agreed discounted rate;
(ii) pay for all fuel used, any Machine accessories purchased, tyres repaired or replaced, tools or equipment lost, stolen or damaged;
(iii) pay VAT where appropriate at the current rate;
(iv) safeguard ERC's interest's in the event of any accident involving the Machine, by obtaining the names and addresses of all relevant drivers and/or operating and witnesses, securing the Machine and where appropriate notifying the police;
(v) ensure that the correct tyre/track pressures, engine oil level, battery fluid level, screen wash levels, coolant levels and adblue are maintained.
(vi) ensure that the Machine is always locked/secure when unattended, and take all reasonable steps to prevent loss of or damage to the Machine, or it's tyres/tracks, tools, accessories, equipment and contents;
(vii) inform ERC immediately if the Machine suffers any damage or loss, develops any fault or requires any servicing, and permit ERC to carry out essential repairs or servicing;
(viii) return the Machine (together with all its accessories, tyres, tools and equipment) on the Date Due Back or at such other time pursuant to the terms of this agreement to the place from which the Machine was hired, unless a different place is specified by ERC, or agreed to by ERC, in the condition prevailing on the Date Out (but at the sole discretion of ERC, fair wear and tear accepted), clean and tidy;
23. ERC shall:-
(i) take all reasonable steps to provide the Hirer with a well maintained Machine;
(ii) procure that any necessary repairs to a Machine, that have been notified to ERC as having a defect, are carried out as soon as reasonably practicable; and
(iii) where repairs to the Machine cannot be carried out on the date notified or within a reasonable time on the date after such notification, provide the Hirer with a substitute Machine or permit the Hirer to terminate the Rental Period early without penalty and with a refund (where applicable) of any amount due for the unused time in the Rental Period.
24. The Hirer acknowledges that:-
(i) this agreement is personal to it and not assignable
(ii) the documents referred to in clause 1 above contain the entire agreement and understanding between the parties and that no substitute for, addition to or alteration of those documents shall be valid unless made in writing and signed by a duty authorised officer of ERC.
(iii) it is not entering into this agreement on the basis of any warranty or representation by ERC.
(iv) failure by ERC to enforce any term of this agreement shall not be construed as a waiver of any of its rights.
25. LIMITATION OF LIABILITY
25.1 Nothing in these Conditions shall limit or exclude ERC's liability for:-
(i) death or personal injury caused by its negligence, or the negligence of its employees, agents or sub-contractors (as applicable); or
(ii) fraud or fraudulent misrepresentation.
25.2 Subject to clause 25.1 above:
(i) ERC shall under no circumstances whatever be liable to the Hirer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or indirect or consequential loss arising under or in connection with the hire of the vehicle or pursuant to the terms of this agreement; and
(ii) ERC's total liability to the Hirer in respect of all other losses arising under or in connection with the hire of the Machine or pursuant to the terms of this agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount by which ERC is insured for such liabilities at the material time