CONDITIONS OF HIRE
Version: v1.0
Effective from: 17/12/2013
These Conditions of Hire apply to all hire of equipment and related services by Kelly Tanks Ltd (“Owner”) to any business customer (“Hirer”) unless otherwise agreed in writing.
1. Definitions and Interpretation
1.1 In these Conditions:
a) “Owner” means Kelly Tanks Ltd, company number 08817829, whose registered office is at Rawnslow Farm, Sandon Bank, Stafford, ST18 9TE, UK.
b) “Hirer” means the business customer hiring the Equipment from the Owner.
c) “Equipment” means any concrete washout unit, water treatment system, tanks, pumps, filters, hoses, control units and any other items supplied on hire by the Owner to the Hirer, including all accessories, ancillaries, cables, pipework, fittings, manuals and any replacement or substitute equipment.
d) "Site” means the location where the Equipment is delivered, installed, stored or used.
e) “Hire Period” means the period from delivery or deemed delivery of the Equipment to the Site until the Equipment is collected by or returned to the Owner or the date the Owner accepts the Equipment off‑hire in writing.
f) “Charges” means all hire charges, delivery/collection charges, installation/commissioning charges, service and maintenance charges, tankering or waste removal charges, environmental charges and any other fees payable under the Contract, together with VAT.
g) “Contract” means the contract between the Owner and Hirer for the hire of Equipment and any associated services, incorporating these Conditions of Hire, the quotation and the order/hire schedule.
1.2 Headings are for convenience only and do not affect interpretation. A reference to “including” means “including without limitation”.
2. Basis of Contract
2.1 The Owner’s quotations are invitations to treat only and are valid for the period stated on the quotation or, if none, 30 days.
2.2 The Contract is formed when the Owner accepts the Hirer’s order (including any purchase order, email instruction or other written acceptance) or when the Owner delivers the Equipment to the Site, whichever occurs first.
2.3 The Contract is subject exclusively to these Conditions of Hire to the exclusion of any terms which the Hirer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.4 Any variation to these Conditions is only binding if agreed in writing and signed by an authorised representative of the Owner.
3. Hire Period and Off‑Hire
3.1 Unless otherwise agreed in writing, the Hire Period starts on the earlier of:
a) delivery of the Equipment to the Site; or
b) the Equipment being made available for collection by the Hirer.
3.2 The Hire Period continues (and hire Charges accrue) until the Equipment is:
a) physically collected by the Owner from the Site; or
b) returned by the Hirer to the Owner’s premises and receipted;
in each case following an off‑hire request properly made under clause 3.3.
3.3 To off‑hire the Equipment, the Hirer must:
a) notify the Owner by phone and confirmed in writing (email is sufficient) that the Equipment is ready for collection; and
b) ensure safe, unrestricted access to the Equipment during normal working hours for collection.
3.4 Verbal off‑hire requests not confirmed in writing and/or where the Equipment is not accessible will not be effective, and hire Charges will continue to accrue.
3.5 Any off‑hire date provided by the Owner is an estimate only. The Hirer remains responsible for the Equipment until actual collection or return.
4. Delivery, Installation and Access
4.1 Delivery dates and times are estimates only. The Owner shall use reasonable endeavours to meet any agreed delivery dates but shall not be liable for any loss arising from delay.
4.2 The Hirer is responsible for:
a) providing suitable and safe access to the Site for delivery, installation, servicing and collection of the Equipment;
b) ensuring appropriate ground conditions, hardstanding and space for positioning and operating the Equipment;
c) obtaining all necessary consents, permissions, traffic management arrangements, road closures, permits, licences and approvals for the Equipment to be delivered, installed, stored and used at the Site.
4.3 If the Owner is unable to deliver, install, service or collect the Equipment due to inadequate access, unsafe conditions, lack of necessary consents, or other causes within the Hirer’s control, the Owner may charge aborted visit and waiting time at its standard rates.
4.4 Where the Owner provides installation, commissioning or training, this is at additional cost unless otherwise stated in the quotation.
5. Risk, Title and Insurance
5.1 The Equipment remains at all times the property of the Owner. The Hirer has no right, title or interest in or to the Equipment other than as Hirer during the Hire Period.
5.2 Risk in the Equipment passes to the Hirer on delivery or collection and remains with the Hirer until the Equipment is collected by or returned to the Owner.
5.3 The Hirer shall, at its own expense, insure the Equipment for its full replacement value against loss, theft, damage and all risks customarily insured against in the construction industry, with a reputable insurer, from delivery until return/collection.
5.4 The Hirer shall on request provide evidence of such insurance and ensure that the Owner’s interest is noted on the policy.
5.5 If the Equipment is lost, stolen or damaged beyond economic repair, hire Charges will continue to accrue until the Hirer pays the Owner the full replacement value (or repair cost, as applicable) notified by the Owner.
6. Hirer’s Responsibilities and Use of Equipment
6.1 The Hirer shall:
a) use the Equipment only for its intended purpose and in a safe, competent and workmanlike manner;
b) operate the Equipment in accordance with all instructions, manuals, training, industry standards, site rules and all applicable laws and regulations (including health and safety and environmental laws);
c) ensure only suitably trained and competent personnel operate, monitor or maintain the Equipment;
d) maintain the Equipment in a clean, safe and functional condition (subject to fair wear and tear), including routine checks (e.g. levels, hoses, connections, alarms) as reasonably required;
e) protect the Equipment from theft, vandalism, damage, contamination and adverse conditions;
f) not alter, modify, tamper with or repair the Equipment without the Owner’s prior written consent;
g) not move the Equipment from the Site without the Owner’s prior written consent;
h) not sub‑hire, lend, mortgage, charge or otherwise dispose of the Equipment or do anything which may prejudice the Owner’s rights in the Equipment;
i) immediately notify the Owner of any breakdown, malfunction, damage, loss, theft, environmental incident, spill, overflow, pollution event or near miss relating to the Equipment.
6.2 The Hirer acknowledges that the Owner is not responsible for:
a) design of the Site’s concrete washout or water management strategy;
b) the Hirer’s compliance with planning, environmental or discharge consents;
c) the composition, volume or characteristics of effluent, wash water or waste introduced into the Equipment by the Hirer or third parties.
6.3 The Hirer shall ensure that inputs to the Equipment (including washout water, slurry and any chemicals) comply with any limits and restrictions specified by the Owner and/or the relevant regulator.
7. Maintenance, Breakdown and Damage
7.1 The Owner will, at its cost, carry out routine maintenance and repairs resulting from fair wear and tear to the Equipment during normal working hours.
7.2 The Hirer shall not attempt to repair the Equipment except for minor user‑level tasks specifically authorised by the Owner.
7.3 The Hirer shall be responsible for and indemnify the Owner against all loss, damage, repair costs and associated expenses arising from:
a) misuse, neglect, overloading, improper operation or failure to follow instructions;
b) use of inappropriate chemicals, materials or inputs;
c) contamination, corrosion or scaling caused by the Hirer’s processes, products or waste streams;
d) vandalism, theft or security failures at the Site;
e) damage caused by ground conditions, subsidence, flooding or other site‑specific risks (except to the extent caused by the Owner’s negligence).
7.4 The Hirer shall not use defective or malfunctioning Equipment and shall promptly notify the Owner of any defect. The Owner will use reasonable endeavours to repair or replace defective Equipment as soon as reasonably practicable.
7.5 The Owner shall not be liable for any loss of production, delay or consequential loss arising from Equipment breakdown or unavailability, except as expressly provided in these Conditions.
8. Environmental and Waste Management
8.1 The Hirer is responsible for obtaining, maintaining and complying with all licences, permits, consents and authorisations relating to:
a) use of the Equipment at the Site;
b) discharge, storage, treatment and disposal of wash water, effluent, sludge, silt and other wastes.
8.2 Unless expressly agreed otherwise in writing, the Hirer remains the “producer” and “holder” of all waste arising from its operations and remains responsible for the classification, storage, transport and final disposal of such waste in accordance with applicable environmental laws.
8.3 Where the Owner provides waste removal or disposal services:
a) the charges, scope and responsibility will be as set out in the quotation or agreed in writing;
b) the Hirer shall provide accurate information regarding the nature, composition and hazards of the waste; and
c) the Hirer shall indemnify the Owner against any loss, liability, costs or claims arising from inaccurate or incomplete information or unlawful waste content.
8.4 The Hirer shall immediately notify the Owner and all relevant authorities of any spill, uncontrolled discharge, pollution incident or environmental breach relating to the Equipment or its use, and shall co‑operate fully in any investigation, remediation or reporting.
9. Charges and Payment
9.1 The Hirer shall pay the Charges set out in the quotation, hire schedule or Owner’s standard rate card, as applicable.
9.2 Hire Charges are calculated on a [daily/weekly/monthly] basis (as specified in the quotation or hire schedule) and are payable from the start of the Hire Period until the Equipment is off‑hired and collected/returned in accordance with clause 3.
9.3 Additional Charges may be payable for:
a) delivery, installation, commissioning and demobilisation;
b) on‑site training or supervision;
c) servicing and call‑outs requested by the Hirer;
d) tankering, waste removal and disposal;
e) aborted visits, waiting time and out‑of‑hours work;
f) consumables, media, filters, chemicals or replacement parts;
g) cleaning, decontamination and repairs for damage or misuse.
9.4 The Owner may require payment on account, a deposit, or credit references before releasing Equipment. The Owner may refuse to deliver or may recover Equipment if payment terms are not met.
9.5 Invoices are payable in full, without set‑off or deduction, within [30] days of the invoice date unless otherwise agreed in writing.
9.6 If the Hirer fails to make any payment when due, the Owner may:
a) charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 (or, if that Act does not apply, interest at [8%] per annum above the Bank of England base rate);
b) recover all costs of collection, including legal and debt recovery costs;
c) suspend further deliveries or services; and/or
d) terminate the Contract and/or recover the Equipment.
10. Inspection and Access
10.1 The Owner and its representatives may at any reasonable time enter the Site to inspect, service, repair or recover the Equipment.
10.2 The Hirer shall provide safe and reasonable access and shall ensure that its Site rules and induction procedures facilitate such access without undue delay.
11. Loss, Theft and Damage to Equipment
11.1 The Hirer shall immediately notify the Owner and the police (where appropriate) of any loss or theft of the Equipment.
11.2 The Hirer shall be responsible for:
a) all loss of or damage to the Equipment during the Hire Period (other than fair wear and tear); and
b) any loss or damage caused by the Equipment arising from misuse, improper installation by parties other than the Owner, or failure to follow instructions.
11.3 The Hirer shall pay the Owner’s costs of repair or, if the Equipment is lost, stolen or damaged beyond economic repair, the full replacement value as notified by the Owner. These sums are payable in addition to accrued hire Charges.
12. Liability and Indemnity
12.1 Nothing in these Conditions limits or excludes either party’s liability for:
a) death or personal injury caused by its negligence;
b) fraud or fraudulent misrepresentation;
c) any other liability which cannot lawfully be limited or excluded.
12.2 Subject to clause 12.1, the Owner shall not be liable to the Hirer, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for:
a) loss of profit, loss of revenue, loss of business, loss of production or downtime;
b) loss of contracts, loss of opportunity or damage to goodwill;
c) any indirect or consequential loss or damage;
in each case arising out of or in connection with the Contract or the use or inability to use the Equipment.
12.3 Subject to clauses 12.1 and 12.2, the Owner’s total aggregate liability to the Hirer arising out of or in connection with the Contract shall not exceed:
a) the total Charges paid or payable under the Contract; or
b) £50,000.00
whichever is higher.
12.4 The Hirer shall indemnify and keep indemnified the Owner against all claims, losses, damages, costs and expenses (including professional fees) arising from:
a) the Hirer’s breach of the Contract;
b) use, positioning or operation of the Equipment at the Site;
c) any environmental incident, pollution, contamination or regulatory enforcement relating to the Hirer’s activities or waste;
d) injury to or death of any person, or damage to any property, due to the act or omission of the Hirer, its employees, contractors or agents.
13. Termination
13.1 The Owner may terminate the Contract immediately by written notice if:
a) the Hirer commits a material breach of the Contract and (if remediable) fails to remedy it within 7 days of notice;
b) the Hirer fails to pay any sum due under the Contract on the due date;
c) the Hirer becomes insolvent, enters into liquidation, administration or any arrangement with its creditors, or ceases to trade;
d) the Owner reasonably believes that the Hirer is or may be unable to pay its debts when due or that the Equipment is at risk.
13.2 On termination:
a) all sums payable by the Hirer under the Contract become immediately due and payable;
b) the Hirer shall immediately cease using the Equipment and make it available for collection;
c) the Owner may enter any premises where the Equipment is located to recover it.
13.3 Termination shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination.
14. Force Majeure
14.1 The Owner shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events, circumstances or causes beyond its reasonable control, including severe weather, strikes, acts of God, war, terrorism, epidemic, pandemic, or failure of utilities or transport networks.
14.2 The Owner shall notify the Hirer of the force majeure event and use reasonable endeavours to mitigate its effects.
15. Data Protection
15.1 Each party shall comply with applicable data protection laws in relation to any personal data processed under or in connection with the Contract.
15.2 Further details of the Owner’s data processing are set out in its privacy notice available at www.kellytanks.co.uk/privacy-policy
16. General
16.1 Entire agreement: The Contract constitutes the entire agreement between the parties and supersedes all prior agreements, negotiations and understandings relating to its subject matter.
16.2 Assignment: The Hirer shall not assign, transfer or sub‑contract any of its rights or obligations under the Contract without the Owner’s prior written consent. The Owner may assign or sub‑contract any of its rights or obligations.
16.3 Notices: Any notice required under the Contract shall be in writing and delivered by hand, pre‑paid first‑class post or email to the address notified by the other party. Notices by post are deemed received 2 business days after posting; by email, at the time of sending (provided no delivery failure notice is received).
16.4 Severance: If any provision is held invalid or unenforceable, it shall be severed and the remaining provisions shall remain in full force and effect.
16.5 No partnership: Nothing in the Contract is intended to create a partnership, joint venture or agency.
16.6 Third party rights: No person other than the parties has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
16.7 Governing law and jurisdiction: The Contract and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.