1. Definitions and General
1.1. The Owner means Road Traffic Solutions Limited and includes the successors or assigns and representatives.
1.2. The Hirer means the company, firm, person or public authority shown taking the Owner’s equipment on hire and includes their successors or personal representatives.
1.3. Equipment means all classes of traffic management equipment such as signs, cones, barriers, VMS, temporary traffic signals, which the Owner agrees to hire to the Hirer.
1.4. Hire rates are the Owners current standard rates unless otherwise agreed, by quotation or as in Contract specification.
1.5. Rates are based upon 7 days min hire, 24hrs a day depending upon a written quotation.
1.6. These terms and conditions shall apply to the hire of all traffic management equipment by the Owner to the Hirer and shall not be overridden by any terms and conditions of the Hirer.
1.7. No variation of these terms and conditions will be effective unless agreed in writing by a Director Owner. All terms other then those expressly set out in these terms and conditions are hereby excluded.
1.8. Acceptance of the equipment on site by the Hirer or its delivery on site in accordance with the Hirer’s instructions signifies acceptance of these terms and conditions unless otherwise agreed in writing.
1.9. Where the Hirer deals with the Owner as a consumer these terms and conditions do not and will not affect his statutory rights.
1.10. These terms and conditions shall be governed by and construed according to the laws of England.
2. Basis of Charging
Charging for the hire period will commence when the Owner receives a PO or written or verbal instruction from the Hirer to go ahead and will take this as acceptance of the terms and conditions.
The Equipment is hired to the Hirer subject to these terms and conditions. The Hirer agrees to pay the hire charges which will commence from the time and at the agreed rate and continue until the equipment is returned to or collected by the Owner. Telephone off-hires will not be accepted unless validated by an off-hire number notified by the Owner to the Hirer. Delivery and collection costs will apply unless otherwise specified.
3. Payment Terms
All charges are payable on demand except that payment terms for authorised credit customers are 30 days net from the date of invoice unless otherwise agreed in writing. The Owner shall be entitled to charge interest at the rate of 2% per month above the national interest rate from the due date to the date of settlement. Should the Hirer fail to settle any invoice by the due date then all other invoices become payable immediately by the Hirer, the Owner reserves the right to charge the Hirer for the late payment of any outstanding invoices under the late payment of commercial debt (interest) act 1992 or any subsequent legislation. In the event of the Owner deeming it necessary to commence legal action to recover unpaid accounts, the Owner reserves the right to include all costs, expenses and interest incurred in pursuing a claim.
The Hirer may cancel a job at any point before time of commencement. Any third party costs incurred by the Owner up to and including the time of the cancellation will be passed on to the Hirer.
If the Hirer cancels a job within 1 hour of the commencement time, 100% of the job cost will apply.
If the Hirer cancels 1-8 hours before the job commencement time, 50% of the job cost will apply.
If the Hirer cancels 8+ hours before the commencement time, 0% of the job cost will apply.
Any dispute or challenge to demand for payment of an invoice shall be noted in writing to the Owner within 14 days of the demand of the payment.
4. Responsibility for Owner’s Employees
When an Owner’s Employee is supplied by the Owner with the Equipment, the Owner shall supply a competent person but such person shall be under the direction and control of the Hirer. The Owner’s Employee shall for all purposes connected with such employment be regarded as the servant of the Hirer who alone shall be responsible for all claims arising in connection with the delivery, preparation or operation of the Plant. The Owner shall have no liability for any loss or damage caused by any act or omission whatsoever of an Owner’s Employee or the consequence thereof. The Hirer shall fully and completely indemnify the Owner in respect of all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising out of or in connection with any act or omission of the Owners Employee whilst the Hirer is responsible for him and whether or not arising under statute or common law or from the negligence or breach of duty or other wrongful act or omission of the Owner or any of the Owner’s Employee’s.
If the Owner or any of the Owner’s Employee’s give any Advice it is provided strictly on the basis that it is for guidance only, and without any responsibility being accepted. The onus is on the Hirer to verify the accuracy and/or appropriateness of such Advice and to accept or reject accordingly. If any such advice is given it is given on the basis that no legal liability shall attach to the Owner or any of the Owner’s Employee’s. The Hirer shall fully and completely indemnify the Owner the Owner and the Owner’s Employee’s against all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising from the giving of such Advice whether arising under statute or common law or from the negligence or breach of duty or other wrongful act of omission of the Owner or any of the Owner’s Employee’s.
6. Responsibility of Persons Signing
The person signing overleaf warrants that he has the authority of the Hirer to make the contract on the Hirer’s behalf. The Owner shall be entitled to treat the Hirer as contractually bound by these terms and conditions unless the Hirer can demonstrate that there was no reasonable grounds for the Owner to believe that such person had authority to bind the Hirer. On arrival at a designated site when none of the Hirer’s representatives are present to sign the paperwork we will accept the Hirer’s order reference as acceptance of the hire terms and conditions.
7. Delivery in Good Order
Once the Equipment has been accepted on site by the Hirer they shall be deemed to be in good working order, fit for purpose and wholly free from damage at the time of delivery. The Owner will have no liability for any fault which may be found in the Equipment which is outside the knowledge, control or forseeability of the Owner. Any shortage of Equipment must be notified to the Owner in writing within 24 hours of the commencement of the hire. If the Hirer fails to do this the hire charges will continue to be incurred and the Hirer will be responsible for the costs of replacing shortages in accordance with paragraph 11.
8. Lost, Non-Returned, Damaged or Unclean Equipment
The Hirer must immediately notify both the Owner and the police of any loss or theft of the Equipment. When the Equipment is not returned or is returned incomplete the liability of the Hirer shall only cease when the Hirer pays to the Owner the manufacturers current list price for the missing or incomplete item of Equipment. In the event that the Equipment is manufactured to the Owner’s design the cost of the missing or incomplete item is the current price charged by the Owner to a customer who wishes to purchase that item of Equipment. The Hirer agrees to pay the Owner all costs incurred by the Owner in rectifying the condition of the Equipment if it is returned damaged unclean or incomplete. Hire charges will continue until such rectification is complete.
9. Maintenance of Equipment and Breakdown Procedures
The Hirer shall ensure that the Equipment remains safe, serviceable and clean and fit for purpose. Any breakdown or any unsatisfactory working of the Equipment must be immediately notified to the Owner. Under no circumstances shall the Hirer repair the Equipment or instruct a third party to repair the Equipment unless authorised by the Owner. Such Equipment must be returned to the Owner’s premises for examination or when rectification elsewhere is requested the Hirer agrees to pay the carriage if required by the Owner.
10. Safe Use of the Equipment
The Hirer confirms that it has the necessary knowledge and experience to operate and use the Equipment. The Hirer will not misuse the Equipment. The Hirer will not allow any person to use the Equipment who is properly instructed in its use and will ensure that all applicable health and safety rules and regulations are observed. The Owner accepts no risk of liability or responsibility for any consequential loss of damage howsoever caused to the Hirer via any third party as a result of a failure by or on behalf of the Hirer to comply with the terms of this Clause.
11. Security of Equipment
The Hirer shall not sell or otherwise part with possession or control of the Equipment and shall remain responsible for the Equipment and its safekeeping during the hire period. Equipment must not be removed without the authority of the Owner from the site as specified by the Hirer if the Equipment is collected by the Hirer or from the address to which the Owner has delivered the Equipment. The Hirer shall keep the site at which the Equipment is located safe and secure and shall indemnify the Owner fully against any consequential loss suffered by the failure to do so. If the Hirer called in an off fire and has left Equipment at a site location, the Hirer will be responsible for the Equipment until the Owner reaches the site within an 8 hour window.
12. Access and Ground Conditions
The Hirer is responsible for the provision of free and suitable access to and from the site (including the removal and reinstatement of local obstructions) and for ensuring suitable ground conditions for the erection, operation and dismantling of the Equipment.
No responsibility will be accepted by the Owner for damage to any surface over which the Equipment has been moved to reach its intended position of use and the Hirer should therefore take steps to protect surfaces (paving slabs, soft ground etc.) before delivering of the Equipment.
For the avoidance of doubt the Hirer responsible for the site being available for the setting up of the Equipment within the stated times agreed with the Local Authority and the site is free from any obstruction preventing compliance thereof and will indemnify the Owner fully against any consequential loss of any kind whatsoever including penalties that may be incurred by them due to their failure to do so.
Should the Owner be required to make the site available for the setting up of the Equipment they need only to use their best endeavours to make certain that the site is available and there will be no liability upon the Owner’s for any consequential loss of any kind whatsoever including the imposition of penalties that may be incurred by their failure to do so.
13. Hirer’s Responsibility Third Parties
The Hirer shall fully and completely indemnify the Owner in respect of all claims by any person whatsoever for injury to person or loss or damage to property howsoever caused including all costs and charges in connection therewith and arising from or in connection with the use of the Equipment and whether or not arising under statute or common law or from negligence or breach of duty or other wrongful act or omission of the Owner or any of the Owner’s Employee’s.
14. Consequential Losses
a) The Owner accepts no liability or responsibility for any consequential loss or damage howsoever caused or incurred.
b) The Owner shall have no liability or responsibility, whether by way of indemnity or by reason of any breach of contract, breach of statutory duty or misrepresentation or by reason of the commission of any tort (including but not limited to negligence) in connection with the hire of any equipment or person, for any of the Hirer’s loss of profit, loss of use of the Equipment or any other asset or facility, loss of production or productivity, loss of contracts with any third party, liabilities of whatever nature to any third party and/or any other financial or economic loss or indirect or consequential loss or damage of whatever nature.
c) In particular and for the avoidance of doubt the Owner shall not be responsible and incur any liability for breaches of permits issued under Section 74 which are occasioned by circumstances beyond their control and beyond the use of reasonable endeavour to mitigate those circumstances and in this regard these terms and conditions will take priority and negate any clause to the contrary that may be included in any contract between the Owner and the Hirer.
15. Insurance and Notification of Accidents
The Hirer shall be responsible for obtaining all appropriate insurance cover, including third party liability and cover against loss or damage to the Equipment. The Hirer shall produce on demand to the Owner a copy of the policy or policies. The Hirer shall hold on trust for the Owner all policy proceeds in or towards satisfaction of the Hirer’s obligations under paragraph 11 above. If the Equipment is involved in any accident resulting in injury to persons or damage to property immediate notice must be given to the Owner by telephone and confirmed in writing. The Hirer shall not admit any liability or compromise any claim relating to the Equipment without the consent in writing of the Owner and any admission of liability or compromise reached with a third party or parties in the absence of such written consent shall not bind the Owner and in those circumstances the Hirer shall in the event of any consequential loss of whatsoever nature and resulting there from will fully indemnify the Owner against that consequential loss.
16. Period and Determination of Hire
If the Hirer is an individual within the meaning of the Consumer Credit Act 1974 however (as amended by subsequent legislation) the maximum period of hire shall be 3 months.
The Owner shall be entitled at any time and for any reason whatsoever and without explanation to terminate with immediate effect the hire contract and to repossess the Equipment.
17. Right of Access
The Hirer shall allow the Owner access to the Equipment at all reasonable times for the purpose of inspection, maintenance, replacement or repossession.
Should any issue be notified or statutory notice served on the Company/main contractor by the local authority that has issued the Permits/Licences enabling and authorising the contracted works to be carried out by the Company/main contractor through their sub-contractors (RTS) in respect of the said contracted works, details of the issue (whatever it may be) or the statutory notice shall be served on the sub-contractor will not be liable for such costs, compensation or penalty that may be charged on the Company/main contractor as a consequence of the said issue/s or said notice.
The Company/main contractor irrevocably authorises the sub-contractor (RTS) to discuss and negotiate directly on their behalf with the local authority granting any Permit/Licence for the contracted works in the event of any issue or statutory notice that arises as is served by the local authority and notified as required above.
This authority is confirmed upon the signing and dating of any Agreement entered into by the Company/main contractor and the sub-contractor (RTS) and the failure to confirm this authority will absolve the sub-contractor (RTS) of any responsibility and liability for any losses including penalties that may arise from any breach of the said Consents/Licences.
Should the said local authority referred to not accept the said authority granted above the sub-contractor (RTS) will accept no responsibility or liability for any losses or penalties that may arise from any breach of Consent/Licence and will not indemnify the Company/main contractor in respect thereof.
Should any of these terms and conditions be held to be invalid such invalidation will not affect the validity of the remaining terms and conditions.
20. For the avoidance of doubt these Terms and Conditions will take precedence over and above any conflicting clause to the contrary in any contract between the Hirer, Owner and/or third party.