Conditions of Hire

Of Hire

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A Brunton Ltd                  Terms & Conditions 

1. Definition of Use and General

1.1.  ‘Customer’ refers to the company or person that has requested the hire of Equipment from A Brunton Ltd or wishes to purchase Equipment.

1.2.  ‘Equipment’ refers to skips, containers, bins, plant or goods that have been hired / purchased through A Brunton Ltd.

1.3.  ‘Site’ refers to where the Equipment is to be deposited at the request of the Customer.

1.4.  ‘Owner/s’ refers to the company or person that owns the Equipment.

1.5.  ‘Vehicle’ refers to the Owners vehicle.

1.6.  ‘Contract’ means the Contract for the purchase and sale of the Equipment or the hire of the Equipment.

The parties to this Contract are the Customer and A Brunton Ltd, Woodside, Boynton, Bridlington, YO16 4XG.

2. Basis of the Contract

2.1. Any quotation or estimate given by A Brunton Ltd is an indication given in good faith and shall not become binding unless confirmed by A Brunton Ltd in writing.

2.2. All prices quoted are based on information available at the date of quotation and A Brunton Ltd reserve the right to vary prices at any time without notice prior to accepting an order from the Customer.

2.3. The Contract made between A Brunton Ltd and the Customer shall incorporate and be subject to these conditions. No variation to these conditions shall be binding unless agreed in writing between the authorized representatives of the Customer and A Brunton Ltd prior to the date of the Contract.

2.4. A Brunton Ltd reserve the right to make any changes in the specification of the Equipment which are required to conform with any applicable safety or other statutory requirements.

2.5. The term of hire for any Equipment is strictly 10 days, inclusive of the day of delivery. Hire in excess of 10 days is only acceptable with A Brunton Ltd written permission and may incur additional hire charges.

2.6. Where the hire of Equipment is to a Customer who is an individual and the hire would be covered by the Consumer Credit Act 1974 (as amended), the duration of the hire shall not exceed 3 months. Accordingly, the hire of any Equipment is not covered by the Consumer Credit Act 1974 (as amended).

2.7. Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a Consumer. Any provision which would be void under any Consumer Protection Legislation or other legislation shall, to that extent have no force or effect.

3. Equipment use while on hire where not located on private property. (Skips/Containers)

The Customers undertakes with respect to all Equipment delivered by A Brunton Ltd to be placed other than on private property:

3.1. That the permission of the Highway Authority has been duly obtained under Section 139 Highways Act 1980 (Skip permit can be obtained by A Brunton Ltd on request)

3.2. That the said permission will be kept in force by the extension or renewal of a license as necessary until either the Equipment is removed or until the expiry of 3 working days after notice is received by A Brunton Ltd to remove the container. (extension of license will incur extra cost)

3.3. That they will ensure the observation and performance always of all the conditions subject to which the aforesaid permission/license is granted and in particular will ensure that the Equipment is properly lit throughout the hours of darkness.

3.4. That they will not move the Equipment from the place where it is deposited without first obtaining both the written permission of the Highways Authority and A Brunton Ltd.

3.5.  That they will ensure that at the time of collection there is a clear space at one end of the Equipment of not less than thirty feet to give the vehicle enough access to effect collection and removal. In the event that it proves impracticable to deliver or collect Equipment because of inadequate access, the Customer shall be liable to pay A Brunton Ltd the abortive delivery or collection costs incurred.

3.6. Unless specifically otherwise agreed that the Customer shall provide three marker cones by day and three cones plus four yellow lights on the Equipment during the hours of darkness as required by the Highways Act 1980 if the Equipment is placed on the Public Highway (including grass verges and footpaths or pavements) or anywhere else where damage to property or injury to third parties is reasonably foreseeable.(cones and lights can be supplied by A Brunton Ltd on request)

4.  Warranties given by customer for equipment on hire (All Equipment)

The Customer warrants:

4.1. That the Customer will take reasonable care of the Equipment and only use it for its proper purpose in a safe and correct manner and will notify A Brunton Ltd immediately after any loss and/or damage to the Equipment.

4.2. That the Customer will take adequate and proper measures to protect the Equipment from theft, damage and /or other risks.

4.3. That the Customer will notify A Brunton Ltd of any change of its address and upon request provide details of the location of the Equipment and permit A Brunton Ltd at all reasonable times to inspect the Equipment including procuring access to any property where the Equipment is situated.

4.4. That the Customer will always keep the Equipment in its possession and control and will not remove the Equipment from the United Kingdom without the prior written consent of A Brunton Ltd 

4.5. That the Customer will not continue to use the Equipment where it has been damaged and will notify A Brunton Ltd immediately if the Equipment is involved in an accident resulting in damage to the Equipment, other property and/or injury to any person.

4.6.  That the Equipment will be returned by the Customer in good working order and condition (fair wear and tear excepted)

4.7. That the waste material to be placed in the Equipment falls within the meaning of prescribed cases under Section 3 of the Control of Pollution Act 1974 (hereinafter referred to as the 1974 Act) and Regulation 4 of the Control of Pollution (Licensing of Waste Disposal) Regulation 1976 (hereinafter referred to as the 1976 regulations) and any subsequent Regulations issued by the Secretary of State for the Environment which are in force on the date of the removal of each loaded container; OR

4.8. That the requisite license has been issued under Section 5 of the 1974 Act; AND That the requisite license has been issued under Section 5 of the 1974 Act; AND that the waste material to be removed or disposed of in the Equipment does not come within the definition of Hazardous Waste contained in the Hazardous Waste (England and Wales) Regulations 2005 and The List of Wastes (England) Regulations 2005.

4.9. That all activities undertaken by the Customer which may be subject to regulation by virtue of any applicable duty of care under Section 34 of The Environmental Protection Act (1990) or otherwise are fully compliant with the legislation and do not detrimentally affect the compliance of A Brunton Ltd with the said legislation or in any way render A Brunton Ltd liable under Section 33 of the said Act or otherwise liable.

4.10. NOT TO LIGHT FIRES in the Equipment nor to burn anything therein

4.11. Not to place any corrosive acid or noxious substance nor liquid cement or concrete in the Equipment.

4.12. To ensure that the Equipment is not filled above the level of the sides thereof. In the event that A Brunton Ltd are unable to collect the Equipment owing to overloading of the Equipment, the customer shall pay to A Brunton Ltd the abortive costs of collection incurred by A Brunton Ltd.

4.13. Not to deposit in the Equipment Restricted Material which shall include but not limited to the following:

Paint Cans (unless empty and dry)
Clinical/Medical Waste
Fluorescent Tubes
    Hazardous/Toxic Material
Gas Cylinders

(Surcharges will apply where any of these items have been deposited without the prior permission of A Brunton Ltd 

4.14. That if the Equipment is returned in a damaged, unclean and/or defective state (except where due to fair wear and tear), the Customer shall be liable to pay A Brunton Ltd for the cost of any repair and/or cleaning required to return the Equipment to a condition fit for re-hire and the Customer will continue to pay the hire charges until such repairs and/or cleaning have been completed.

4.15. That the Customer will pay to A Brunton Ltd the replacement cost on a new for old basis of Equipment which is lost, stolen and/or damaged beyond economic repair while on hire less the amount paid to A Brunton Ltd under any policy of insurance taken out in accordance with these conditions. The Customer shall further pay to A Brunton Ltd the hire charges for the Equipment until A Brunton Ltd has been paid the amount representing the replacement cost of the Equipment.

5. Indemnities given by Customer in relation to Equipment on hire

The Customer agrees that it shall indemnify A Brunton Ltd in respect of all losses suffered by A Brunton Ltd as a consequence of:

5.1. The Customer requiring A Brunton Ltd or its subcontractors to use Vehicles to deliver or collect the Equipment off road where damage is caused to the Vehicle, to the Equipment or to property of any third party or of the Customer and including damage to road margins and pavements unless the damage is caused by the negligence of the driver of the Vehicle.

5.2. Damage to or loss of the Equipment while on hire to the Customer which shall include damage howsoever caused but excepting fair wear and tear.

5.3. All claims for injuries to persons or damage to property arising out of use of the Equipment while on hire.

5.4.  Any breach of these Conditions by the Customer.

6.  Limitation of Liability of A Brunton Ltd

6.1.. All warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.

6.2. If A Brunton Ltd is found to be liable in respect of any loss or damage to the Customers property, the extent of their liability will be limited to the retail cost of replacement of the damaged property.

6.3. A Brunton Ltd shall have no liability to the Customer if any money due in respect of the hire of Equipment has not been paid in full by the due date for payment.

6.4. The Customer shall give A Brunton Ltd a reasonable opportunity to remedy any matter for which A Brunton Ltd is liable before the Customer incurs any costs and/or expenses in remedying in the matter itself. If the Customer does not do so, A Brunton Ltd shall have no liability to the Customer.

6.5. A Brunton Ltd shall have no liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customers insurers waive any and all rights of subrogation, they may have against A Brunton Ltd.

6.6.  A Brunton Ltd shall have no liability to the Customer for any consequential losses (including loss of profits and /or damage to goodwill), economic and /or other similar losses, special damages and indirect losses or for business interruption, loss of business or loss of opportunity.

6.7.  A Brunton Ltd shall use its best endeavors to ensure the Equipment arrives when the Customer requires delivery. Any approximate times given by A Brunton Ltd are estimates only and A Brunton Ltd shall not be liable for any delay in delivery of the Equipment howsoever caused. Time for delivery of the Equipment shall not be of the essence unless previously agreed in writing by A Brunton Ltd.

6.8. A Brunton Ltd shall not in any event be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of its obligations in relation to the Contract if the delay or failure is due to any cause beyond A Brunton Ltd reasonable control.

6.9. Nothing in this Contract shall exclude or limit the liability of A Brunton Ltd for death or personal injury due to its negligence or any other liability which it is not permitted to exclude or limit as a matter of law.

6.10. Where Equipment is sold under a consumer transaction (as defined by the Consumer Transactions Restrictions on Statements Order 1976) the statutory rights of the Customer are not affected by these Conditions.

7. Price and Payment

7.1. The price quoted by A Brunton Ltd is exclusive of VAT and any other taxes and the cost of delivery and any other matters all of which may be charged in addition. In the event of any variation to the order placed by the Customer, A Brunton Ltd shall be entitled to adjust the price to reflect the costs involved and to adjust delivery dates as appropriate.

7.2. A Brunton Ltd shall have the right to amend the Charge at any time to take account of any variation in A Bruntons costs including (but not limited to) variations in wages, disposal costs, administration costs, cost of materials and Equipment, fuel costs, taxes, duties and cost of compliance with Relevant Law. A Brunton shall endeavour to only adjust prices annually in April and to give the Customer not less than one calendar months’ notice of any variation of the Charge under this Clause but notwithstanding this the Customer shall be liable to pay any increase from the date specified in the notice.

7.3. A Brunton Ltd shall be entitled to bring an action for the price or for part of the price whether or not, in the case of contacts for the sale of Equipment, the ownership in the Equipment has passed.

7.4.  Payment for the equipment and all applicable delivery charges is in advance. (unless otherwise agreed) Account customer payment terms are 28 days from date of invoice.

7.5. Time for payment shall be of the essence of the Contract. If there is any evidence that the Customer is insolvent, then without prejudice to any other rights or remedies of A Brunton Ltd, A Brunton Ltd shall be entitled to:

7.5.1.  Terminate the Contract and/or suspend any further deliveries to the Customer.

7.5.2. Charge the Customer interest (both before and after Judgment) on the amount unpaid at the rate prescribed by the Late Payment of Commercials Debts (Interest) Act 1998.

7.6. In the event that A Brunton Ltd issues legal proceeding for the recovery of debt due to it, the Customer hereby agrees to indemnify A Brunton Ltd in respect of all legal costs incurred with A Brunton Ltd’s solicitors on a solicitor and own client basis:

7.7. Any payment made by the Customer shall be deemed conclusive proof of entitlement to payment for the relevant invoice(s) and shall be treated by the Customer as an admission accordingly.

7A. Cancellation and Refund

7A.1.  You may cancel your order for equipment at any time before we dispatch the equipment to you, or we start incurring any costs by giving us notice

7A.2.  If you cancel an order under 7A.1 and you have made any payments in advance for equipment that has not been delivered to you, we will refund those amounts to you.

8. Termination by Notice (Applicable to Contracts for the Hire of Equipment only)

8.1.  If the period of hire has a fixed duration neither the Customer nor A Brunton Ltd shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party.

8.2.  If the period of hire does not have a fixed duration either the Customer or A Brunton Ltd is entitled to terminate the Contract upon giving to the other party any agreed period of notice.

8.3. If no period of notice has been agreed or specified, the Customer or A Brunton Ltd shall be entitled to terminate the hire of the Equipment by giving not less than 30 days’ notice in writing to the other party.

9. Default

If the Customer:

9.1.  Fails to make any payment to A Brunton Ltd when due.

9.2. Breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied.

9.3. Persistently breaches the terms of the Contract.

9.4. Provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract

9.5.  Pledges, charges or creates any form of security over any Equipment on hire or ceases or threatens to cease to carry on business or proposes to compound with its Creditors, applies for a interim moratorium in respect of claims and/or proceedings or has a Bankruptcy Petition presented against it, or being a company, enters into Voluntary or Compulsory Liquidation, has a Receiver, Administrator or Administrative Receiver appointed over all or any of its assets, any Attachment Order is made against the Customer or any distress execution or other legal process is levied on any property of the Customer.

9.6.  Appears reasonably to A Brunton Ltd to be about to suffer any of the above events. Then A Brunton Ltd shall have the right without prejudice to any other remedies to exercise any or all the rights set out in Clause 9.8 below.

9.7.  If any of the events set out in Clauses 9.1 – 9.6 inclusive occur in relation to the Customer, then:

9.7.1  A Brunton Ltd may enter, without prior notice any premises of the Customer (or premises of third parties with their consent) where Equipment on hire is located and repossess the Equipment.

9.7.2  A Brunton Ltd may withhold further performance of the Contract.

9.7.3  A Brunton Ltd may cancel, terminate and/or suspend without liability to the Customer the Contract and /or any other Contract with the Customer.

9.7.4  All monies owed by the Customer to A Brunton Ltd shall immediately become due and payable.

9.7.5  Any repossession of Equipment on hire shall not affect A Brunton Ltd right to recover from the Customer any monies due under the Contract and/or any damages in respect of any prior breach.

9.8.  Upon termination of the Contract the Customer shall immediately return Equipment to A Brunton Ltd or make the Equipment available for collection by A Brunton Ltd and shall pay all arrears for hire charges and any other sums payable under the Contract.

10.Risk and title to Equipment (applicable to Contracts for the sale of goods only)

10.1.  Risk of damage to or loss of the Equipment shall pass to the Customer when the Equipment is delivered to the Customer.

10.2.  Notwithstanding delivery and the passing of risk in the Equipment or any other provision of these Conditions, the property in the Equipment shall not pass to the Customer until A Brunton Ltd has received in cash or cleared funds payment in full of both the price of the Equipment and the price of all other Equipment agreed to be sold by A Brunton Ltd to the Customer for which payment is then due.

10.3.  Until such time as the property in the Equipment passes to the Customer (and providing the Equipment is still in existence and has not been resold), A Brunton Ltd shall be entitled at any time to require the Customer to deliver up the Equipment or (at A Brunton Ltd option) A Brunton Ltd shall be entitled (and the Customer hereby irrevocably authorizes A Brunton Ltd) to enter upon any premises of the Customer or their agent where the Equipment is stored and to repossess the Equipment.

11. Risk and Title to Equipment (applicable to Contracts for the hire of Equipment only)

11.1.  Risk in the Equipment will pass immediately to the Customer when they leave the physical possession or control of A Brunton Ltd or their agent.

11.2. Risk in the Equipment hired will not pass back to A Brunton Ltd from the Customer until the Equipment is back in the physical possession of A Brunton Ltd or its agent. This shall apply even if A Brunton Ltd has agreed to cease charging for the hire of the Equipment.

11.3.  Title in the Equipment hired remains at all times with the Owner. The Customer has no right, title or interest in the Equipment except that it is hired to the Customer.

11.4.  The Customer must not deal with the title or any interest in the Equipment hired. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, exercising a lien and/or lending.

11.5.  A Brunton Ltd may provide insurance in respect of the Equipment hired at additional cost to the Customer. Alternatively, A Brunton Ltd may require the Customer to ensure that the Equipment on such reasonable terms and for such responsible risk as A Brunton Ltd may specify. The proceeds of any such insurance shall be held by the Customer in trust for Skip Hire and be paid to A Brunton Ltd on demand. The Customer must not compromise any claim in respect of the Equipment and/or any associated insurance without the written consent of A Brunton Ltd 

12. General

12.1. If any term or provision in these conditions shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Conditions but the validity and enforceability of the remainder of these Conditions shall not be affected.

12.2. The waiver by or failure of A Brunton Ltd in insisting in any one or more cases upon the performance of any provision of these Conditions shall not be construed as a waiver of A Brunton Ltd’s rights to future performance of such provisions and the Customers obligations in respect of future performance shall continue in full force and effect.

12.3. The Contract shall be governed by the Laws of England and the Customer and A Brunton Ltd hereby irrevocably submit to the exclusive jurisdiction of the English Courts.

12.4. In any legal proceedings between A Brunton Ltd and the Customer the Certificate of the duly authorized representative of A Brunton Ltd as to date of delivery of the Equipment and the date of its collection by A Brunton Ltd or their Agent shall be conclusive evidence of the facts stated therein.

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