Toilet Hire Conditions of Hire

 

1. DEFINITIONS
2. For the purposes of this hire, Loos4u Limited shall be deemed to be the Owner of the Toilets whether such is the fact or not that the expression “the Owner” shall mean Loos4u Ltd to the exclusion of any other company or person.
3. All Toilets are hired subject to these conditions and acceptance of the toilets on site implied unqualified acceptance of all terms and conditions stated hereon.
4. “Hirer” means the Company, Firm, Person, or Corporation of Public Authority taking the Owner’s Toilets and includes their successors, employees or personal representatives.
5. “Toilets” covers all classes of toilets, equipment, machinery and accessories thereto which the Owner agrees to hire to the Hirer
6. EXTENT OF CONTRACT

               No conditions or warranty other than hereon specifically set forth shall be implied or deemed to be incorporated in, or to form part of the contract.

3. COMMENCEMENT AND TERMINATION OF HIRING

               Hire will commence on the date the Toilet leaves the Owner’s premises and will terminate on the day it is returned to the Owner’s premises.  The day of hiring and the day of return will be charged respectively as whole days.  24 hours’ notice of termination of hire must be given by the Hirer to the Owner by email/phone.   Termination of hire will only be processed upon direct contact with the Owner.  The Owner shall have the right to terminate the hire at any time without notice and the Owner shall be entitled to upon the premises or site of the Hirer for the purpose of repossessing the Toilet and the Hirer shall pay the cost of recovering and collecting the Toilet.  In addition, the Owner shall be entitled to revise or increase the hire rate for any Toilet by giving seven days’ written notice to the Hirer’s address as detailed in the contract.

4. DELIVERY AND COLLECTION

Delivery or Collection undertaken by the Owner is not included in the hire and is charged as an extra.  Where the Owner has agreed to transport the Toilet to and from the Hirer’s site:

1. The Hirer shall provide or ensure that access to and over the Hirer’s site is in every respect suitable for the vehicle used for transporting the Toilet.
2. The Hirer shall load or unload the Toilet at the Hirer’s site with reasonable diligence and shall not suffer or permit the transport vehicle to be unduly delayed on site.
3. The Hirer shall indemnify the Owner against any claims for injury to personal or loss of or damage to property (including land), during loading and unloading of the Toilet.
4. The Owners shall not be liable for consequences of any delay in the delivery or collection at the Hirer’s site howsoever arising.
5. Not less than 24 hours’ notice in writing must be given to the Owner if the Hirer wishes the Toilet to be collected. When the Toilet that is out on hire is to be collected from its location by the Owner on the instructions of the Hirer, the Hirer remains responsible for the safekeeping of the Toilet until collection is effected, regardless of the date of notification.
6. Every effort will be made to collect the Toilet to meet the Hirer’s requirements, however, we cannot fully guarantee days or times.
7. When the Toilet is delivered by the Owner’s in the absence of the Hirer or his representative, the Hire Delivery Note shall be forwarded to the Hirer’s address and deemed to be conclusive proof of delivery of the Plant listed thereon in good clean working order.
8. DELIVERY IN GOOD ORDER AND MAINTENANCE

Unless notification to the contrary is received within three days all Toilets will be deemed to have been delivered in good order and to the Hirer’s satisfaction.  The Hirer will be responsible for the safekeeping of the Toilet for its use in a workmanlike manner and returned on completion of the Hire in equal order (fair wear and tear excepted).

6. 6. HANDLING/USE OF TOILET

The Toilet shall be used only for the purpose for which it is designed by the makers.  The Hirer shall be responsible for ensuring that all proper safeguards and precautions against incidents in connection with the use of the Toilet and for ensuring it is used by authorised persons only.  The Hirer shall indemnify the Owner for injury to persons or loss of or damage to property caused by the Hirer’s failure to adhere to the terms and conditions of Hire.

7. 7. PROTECTION OF OWNER’S RIGHTS

(a)          The Hirer shall not re-hire, sell, mortgage, charge, pledge, lend par with possession of or otherwise deal with the Toilet or any parts thereof in a manner prejudicial to its Owner’s rights and shall take all necessary steps to ensure title in the Toilet does not pass to the owners of any land upon which the Toilet is situated.

(b)          The Hirer shall permit the Owner, the Owner’s agents or insurers at all reasonable times to have access to the said Toilet for the purposes of inspection or repairs.

8. CHANGES TO SITE

The Hirer shall not move the Toilet from the site to which it was first delivered or consigned without the Owner’s prior consent in writing.

 

 

9. 9. REPAIRS/ADJUSTMENTS/BREAKDOWN/SERVICING
10. The Hirer shall not repair to attempt to repair the Toilet without the consent of the Owner. The Owner undertakes to deal with necessary repairs as quickly as reasonably possible.
11. The Hirer shall inform the Owner of any breakdown or unsatisfactory working of the plant. Claims for breakdown allowance shall only be allowed from the date and time that notice is received, providing that such a breakdown is advised immediately by the Hirer and confirmed within three days in writing.
12. The Hirer shall take all reasonable steps to keep himself acquainted with the state and condition of the Toilet. If the Toilet continues to be used after it is known by the Hirer to be in an unsatisfactory state the Hirer will be solely responsible for any further damage, loss or accident.
13. The Hirer shall be responsible for all expenses involved arising from any breakdown and all loss or damage incurred by the Owner due to negligence, misdirection or misuse of the Toilet whether by the Hirer or other persons and for payment of hire charges at the Owner’s standard rate during the period the Toilet is necessarily idle due to such breakdowns or damage.
14. The Owner will be responsible for the cost of repairs to the Toilet involved in breakdowns as a result of fair wear and tear.
15. Toilets will be serviced on a regular basis and a record of servicing will be kept. Servicing will include replenishing of consumables and may include emptying and recharging with water and toilet additives.
16. TRANSPORT

               The Hirer shall pay the cost of delivery and collection.

11. STOPPAGES

No claims will be admitted for stoppages for causes outside the Owner’s control including bad weather and ground conditions.

12. CONSEQUENTIAL LOSS

The Owner accepts neither liability nor responsibility for any consequential loss or damage directly or indirectly due to or arising from the breakdown or stoppage of the Toilet through any cause whatsoever or through late or non-arrival of the Toilet at the location of hire.

13. HIRERS RESPONSIBILITY FOR LOSS AND DAMAGE

During to continuance of the hire period, the Hirer shall make good to the Owner all loss of or damage to the Toilet (including loss of hire charges) from whatsoever cause the same may arise, fair wear and tear excepted and shall also fully and completely indemnify the Owner in respect of all claims by any persona whatsoever for injury to person or loss of damage to property cause by or in connection with or arising out of the use of the Toilet in respect of all costs and charges in connection therewith however arising.

 

14. LOST, NON-RETURNED, DAMAGED OR UNCLEAN PLANT

When plant is lost or stolen or cannot be retrieved by the Owner, the hire will be deemed to end when the Hirer pays to the Owner the Owner’s invoice charges for the loss of the Toilet.  Toilets are deemed by the Owner to be damaged or returned in a “dirty condition” will be held for three dates for the Hirer to inspect. After the expiration of the third day necessary repairs, servicing or cleaning will be carried out. The Hirer agrees to pay the Owner all costs incurred by the Owner in rectifying the condition of the Toilet returned damaged or unclean.  Hire charges will continue until such rectification is completed and the Owner’s invoiced charges for rectification have been paid.  Charges for loss of or damage to the Toilet will be based on the replacement values with due allowance for fair wear and tear.

15. DE-TERMINATION OF HIRE

The Owner shall be entitled at any time and for any reason whatsoever, without explanation, to terminate this contact (such termination to be effective immediately) and to repossess the Toilet at any time.

16. PAYMENT TERMS

Unless credit facility has been granted by the Owner to the Hirer, all hire charges will be payable in advance and all other charges are due and payable immediately upon issue of invoice.

17. CONDITIONS OF PAYMENT AND CREDIT
18. A credit facility is only granted if confirmed in writing by letter from the Owner.
19. The credit limit will be stipulated in writing by the Owner, and if no limit is provided, no credit facility is granted.
20. Payment terms will be stipulated in writing and if no terms are specified no credit facility is granted.
21. Any request for varied payment terms must be made in writing and is not valid unless agreed in writing by the Owner.
22. The Owner shall be entitled to withdraw or revise the credit limit or payment terms by writing to the Hirer at the contract address. All invoices issued after such notification will be under new terms.
23. If the stipulated credit limit is exceeded, or any invoice remains unpaid beyond the stipulated terms then;
24.              All credit facilities are immediately withdrawn
25. All invoices including current invoices shall become immediately due and payable.

iii.           The owner will have the right to terminate the hire in accordance with Clause 4 above and repossess the plan

1. The Owner may claim immediate payment for all work done or Toilet hired but not yet invoiced.
2. The Owner may claim immediate payment for damage to the Toilet repossessed or the cost of the Toilet which cannot be retrieved.
3. An Administrative charge of up to £50 per month may be made by the Owner for payment by the Hirer.

                              vii.          Any legal costs incurred to be paid on an indemnity basis.

1. Interest is due on invoices that have not been paid within the payment terms granted at a rate of 15% per annum. The interest charged will be invoiced and is payable immediately.
2. CREDIT REFERENCES

In order to grant a credit facility to the Hirer, the Owner will make a search with a credit reference agency, which will keep a record of that search and will share that information with other businesses.  The Owner may also make enquiries with credit reference agency about the Directors or Proprietors of the Hirer. The Owner will monitor and record information relating to the Hirer’s performance and such records will be made available to credit reference agencies, who will share that information with other businesses in assessing application for credit and fraud prevention.

19. SEPARATE TERM VALIDITY

               Should any term in this contract be held to be invalid such invalidation will not affect the validity of the remaining terms.

20. RESPONSIBILITIES OF THE PERSON SIGNING

               The Person signing the contract warrants that he has the authority of the Hirer to make this contact on the Hirer’s behalf. The said person hereby indemnifies the Owner against all losses and costs that may be incurred by the Owner if this is not so.  The said person hereby acknowledged that he has been instructed in the operation and use of the Toilet.  The said person and the Hirer jointly and severally hereby undertake to ensure that no one uses the Toilet who is not properly instructed and shall not allow the Toilet to be misused.

21. NOTICE OF ACCIDENTS

               If the Toilet is involved in any accident resulting in resulting in injury to persons or loss of or damage to property immediate notice must be given to the Owner and confirmed in writing and in respect of any claim not within the Hirer’s agreement for indemnity no admission, offer, promise of payment or indemnity shall be made by the hirer without the Owner’s consent in writing.

22. HIRE CHARGE CALCULATION

               A minimum period of hire of 4 weeks shall apply.  Where in the case of hiring for a weekend, the minimum period of hire will be 4 days (Friday deliver and Monday collection) unless otherwise agreed at the point of hire.

 

23. JURISDICTION

               The Contract shall be governed by the Laws of England and Owner and Hirer submit to the Jurisdiction of the English Courts in respect of all questions or dispute arising out of or in connection with these Conditions.

24. CANCELLATION

               We hope that no hire event ever has to cancel, but should the need arise we do have a cancellation policy that applies.  Cancellations more than 14 days from the installation or pick up date will incur a 25% charge of the total order plus tax.  Orders cancelled less than 14 days from the Hire date will incur a 50% charge plus tax.  Orders cancelled less than 7 days from the delivery date will incur the full 100% agreed contract price to be paid plus tax.

25. HEADINGS

               The headings in these Conditions of Hire are for convenience only and shall not affect the construction thereof.