Terms and Conditions

  • Interpretation
    • In these terms:The following words and terms shall have the meanings assigned to them below, unless otherwise specified by the context or circumstances:’ Additional charges ‘ means charges related to the procurement of the equipment paid in addition to the rates, including the extra costs and expenses referred to in these Terms;’ Charges ‘ means the charges laid down in the Contract or, where no charges are specified in the Contract, the TOOL2HIRE standard charges for the equipment in operation on the date TOOL2HIRE gives the Hirer a written approval of the Order;

      ‘ Date of commencement ‘ means the date on which the applicable contract is concluded pursuant to clause 3.1;

      ‘ Contract ‘ means the contract between TOOL2HIRE and the Hirer established pursuant to clause 3.2;

      ‘ Consumer ‘ means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.

      ‘ Equipment ‘ means the equipment to be hired by the Hirer as stated in the Order, all replacements, replacements or renewals of such equipment and all related accessories, manuals and instructions given for the equipment;

      ‘ Hire period ‘ means the hire period of the Equipment as provided for in the Agreement, unless the Contract has been terminated earlier in compliance with these Terms or extended by agreement between TOOL2HIRE and the Hirer;

      ‘ Hirer ‘ means the customer defined in the Contract as such;

      “Location” means any place or premises where the equipment is to be shipped or retrieved from or otherwise located;

      ‘ TOOL2HIRE ‘ means the applicable TOOL2HIRE business listed in the Contract;

      ‘ Order ‘ means the specific hiring orders made by the Hirer in compliance with these Terms from time to time;

      ‘ Replacement cost ‘ means the cost of replacing any piece of Equipment or part thereof, including but not limited to the cost of the item or part thereof, any outstanding charges that would otherwise have been incurred by the Hirer in the absence of such replacement, and a reasonable administrative charge to be charged by TOOL2HIRE in respect of TOOL2HIRE’s costs of performing the replacement.

      “Terms” means certain terms and conditions.

    • The plural and vice versa references to the singular include references to any gender;
    • ‘ Person ‘ refers to any individual, corporate body, association, partnership, corporation, trust, organisation, joint venture, government, local or municipal authority, governmental or supra-governmental agency or department, state or agency or any other entity (whether or not separate from the legal person);
    • Those words that follow the words “include,” “includes,” “including”, “in particular” or any related words or phrases shall be read without constraint and shall therefore not restrict the meaning of the words that precede them.
  • Formation of contract and orders
    • The Hirer’s Order is a TOOL2HIRE work offer. Each Hirer Order will be a Hirer offer to hire the Equipment on these Terms. The Hirer must ensure that each Order is accurate and complete and that the Equipment meets the requirements of the Hirer;
    • A contract will be formed into between TOOL2HIRE and the Hirer for the supply of the equipment stated in the Order when TOOL2HIRE gives the Hirer written acceptance of the Order;
    • Your order may not be accepted by TOOL2HIRE. If, for any cause, TOOL2HIRE cannot accept an Order, TOOL2HIRE will inform the Hirer of this and will not cost the Equipment;
    • The Contract shall commence on the Commencement Date and shall continue for the Hire Period unless terminated earlier in accordance with these Terms;
    • The website or any marketing materials from TOOL2HIRE is solely for the promotion of equipment from TOOL2HIRE in the UK. TOOL2HIRE hires Equipment in the UK only.
  • Equipment
    • TOOL2HIRE retains ownership of the Equipment. The Hirer acknowledges that the Equipment always remains the property of TOOL2HIRE. The Hirer has no right, title or interest in the Equipment except that it is hired to the Hirer in accordance with the terms of the Contract;
    • The Hirer will own the quiet possession of the Equipment. TOOL2HIRE shall not interfere with the quiet possession of the Equipment by the Hirer during any hire time, other than in the exercise of its rights under the Contract or applicable law;
    • If any problem, damage, loss, accident, defect on the equipment or if the Hirer considers that the Equipment may cause damage to the Hirer’s property, hirer shall notify TOOL2HIRE immediately;
    • Liability for damage to Hirer’s property. TOOL2HIRE shall have no liability to the Hirer for damage to the Hirer’s property if the Hirer fails to comply with clause 3.3.
    • The Hirer shall, at all such reasonable times on TOOL2HIRE, grant access to the Location by giving the Hirer reasonable notice to inspect the Equipment and to ensure that the Hirer fulfils its obligations under the Contract; and/or perform any inspections or repairs of the Equipment;
    • Fuel of equipment shall be supplied by Hirer on their own use. The Hirer shall return the Equipment with the same or a greater amount of fuel if the Equipment is supplied with fuel. TOOL2HIRE shall be entitled to charge the Hirer for any refuelling costs if the Hirer fails to comply with this clause, at such rates as may be notified to the Hirer from time to time;
    • The storage of equipment shall be provided by the Hirer, the Hirer shall keep the equipment in good condition. Repair by the Hirer or Hirer’s representative is not allowed. Excepting normal tear and wear only;
    • Proper fuel, electricity or power, etc, shall be used by the Hirer;
    • The Hirer shall use the Equipment in compliance with all relevant laws and regulations, including any health and safety legislation relating to the use of the Equipment and any operating and/or safety instructions given by TOOL2HIRE to the Hirer;
    • The Hirer shall not make any alteration to the Equipment (including defacing or covering up TOOL2HIRE’s name plate or tag);
    • The Hirer shall be responsible for the security of the Equipment during the Hirer’s possession;
    • The Hirer shall pay TOOL2HIRE if the Equipment is damaged, all costs and expenses in respect of: (i) to rectify any damage to the Equipment (excepting normal tear and wear) which occurred during the period in which the Equipment was at the Hirer’s risk; and (ii) to clean the Equipment after collection of the Equipment, in each case to return the Equipment to a condition good for rehiring. TOOL2HIRE shall report these costs and expenses to the Hirer, supporting by documentation. The Hirer shall continue to pay the hire Charge until all repairs and/or cleaning have been done;
    • The Hirer shall pay TOOL2HIRE the Replacement Cost if the Equipment is lost, stolen or damaged beyond repair. The Hirer shall pay the hire Charge continuously until the Replacement Cost has been settled;
    • Consequences of expiry or cancellation of the Contract. Upon expiry or cancellation of the Contract for whatever reason all Equipment in the Hirer’s possession at that time shall be due immediately upon return to TOOL2HIRE and, unless otherwise agreed in writing, the Hirer shall return the Equipment to TOOL2HIRE.
    • TOOL2HIRE requires access to recover the Equipment. The Hirer will grant, and will make sure that the owner of any third party premises will grant to TOOL2HIRE, its agents, employees and sub-contractors the right at any time to enter any premises where the Equipment is or may be stored in order to recover the Equipment. The rights granted in this clause are without prejudice to any rights and remedies of TOOL2HIRE.
    • Allowance may be made in relation to the Hirer for ay non-use of the Equipment due to breakdown caused by the development of inherent fault and/or normal wear and tear on condition that the Hirer informs TOOL2HIRE promptly of the breakdown and TOOL2HIRE is unable to replace or repair the Equipment within a reasonable time. Any allowance claimed will only be considered from the time and date at which notification is received by TOOL2HIRE. TOOL2HIRE’s Liability due to breakdown shall be limited to the Hirer’s wasted rental in relation to the specific hired Equipment only that have broken down.
  • Collection and Delivery
    • Once the Contract is formed, TOOL2HIRE will notify the Hirer as quick as practical when the Equipment is available to be collected or delivered;
    • If a Hirer wishes to collect or return Equipment from or to a TOOL2HIRE branch, it is the responsibility of the Hirer to provide the vehicle in such a way that the collection / return can be carried out.
    • TOOL2HIRE is not responsible to delays not under TOOL2HIRE’s control. If the delivery of the Equipment by TOOL2HIRE is delayed by an incident outside the control of TOOL2HIRE, TOOL2HIRE will contact the Hirer as soon as possible to let the Hirer know and TOOL2HIRE will take steps to minimise the impact of the delay. TOOL2HIRE will not be liable for delays caused by any incident beyond TOOL2HIRE’s control, but if there is a risk of significant delay, the Hirer may contact TOOL2HIRE to terminate the Contract and receive a refund for any Equipment that has been paid but not received
    • It is the responsibility of the Customer to collect the Equipment, and, in the case of Equipment, return them to the place originally collected from or as otherwise directed by TOOL2HIRE at the end of the Hire Period. If TOOL2HIRE agreed to deliver Equipment to and/or collect the Equipment from the Hirer it will do so at its standard delivery cost and such delivery and/or collection will form part of the Services. Prior to the Hirer being given access to Equipment, the Customer must provide proof of identification to the satisfaction of TOOL2HIRE. Should TOOL2HIRE consider satisfactory proof of identification has not been provided by the Hirer then TOOL2HIRE may not allow access to the Hire Equipment and terminate the Contract with immediate effect and apply a reasonable charge. TOOL2HIRE shall not be liable for any losses sustained by the Hirer due to such Contract termination. The Hirer shall request details of the proof of identification required by TOOL2HIRE prior to the expected commencement of the Hire Period.
    • TOOL2HIRE cannot guarantee that any Hire Period will commence or end at a particular time of day. It is therefore recommended that if a Hirer requires Equipment to be on your Location on a particular day by a particular time then the Hire Period should be requested to commence the day before that particular day.
    • Where TOOL2HIRE have agreed to deliver or collect the Equipment and no Hirer contact is available at the time of the delivery or collection of the Equipment then TOOL2HIRE will attempt to make contact by telephone with the Hirer. Should the Hirer not arrive within 15 minutes of such attempted contact (regardless of if contact was successful or not) and take delivery of or allow collection of the Hire Goods then, without prejudice to TOOL2HIRE’s other rights and remedies, delivery/collection will be postponed, to another time/date as specified by TOOL2HIRE. Without prejudice to clause 6.7 the Hirer shall be liable to pay immediately to TOOL2HIRE a failed delivery/collection Charge according to the original delivery/collection charge for the first and every subsequent failed delivery or collection. In the event that there is a failed collection attempt by TOOL2HIRE then TOOL2HIRE may extend the Hire Period to include up to and including the date of collection and the Hirer shall be liable for Addition Charge for such extended period.
    • The Hirer shall ensure that the Hirer’s duly authorised representative is present at the site of delivery of the equipment. Acceptance by such representative of the delivery of the Equipment shall be conclusive evidence that such delivery has been accepted by the Hirer.
    • If TOOL2HIRE agrees to collect the Hire Goods from the Hirer at the end of the Hire Period the Hirer must give TOOL2HIRE reasonable notice. The Hirer shall remain responsible and liable for any loss, damage or theft to the Hire Goods until the Hire Goods are collected by TOOL2HIRE.
    • Where TOOL2HIRE provides Services, the persons from TOOL2HIRE performing the Services are servants of the Hirer and once the Hirer instructs such person they are under the direction and control of the Hirer. The Hirer shall be solely responsible for any instruction, guidance and/or advice given by the Hirer to any such person and for any damage which occurs as a result of such persons following the Hirer’s instructions, guidance and/or advice.
    • The Hirer will allow and/or procure sufficient access to and from the relevant Location and procure sufficient unloading space, facilities, equipment and access to utilities for TOOL2HIRE including TOOL2HIRE’s subcontractors and/or agents to allow them to carry out the Services. The Hirer will ensure that the Location where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence.
    • If any Services are delayed, postponed and/or are cancelled due to the Hirer failing to comply with its obligations the Hirer will be liable to pay TOOL2HIRE’s Additional Charges from time to time for such delay, postponement and/or cancellation.
  • Charges and Payment
    • The charges (including VAT) will be the price shown on the order pages (or notified to the Hirer otherwise) when the Hirer places the order.
    • TOOL2HIRE will be entitled, at any time, to vary the charges and any additional charges by notifying the Hirer of any variation in the cost of supplying the Equipment resulting from:
      • Any variation in the Equipment requirements of the Hirer;
      • any inaccurate or incomplete information received by the Hirer;
      • or any failure or delay by the Hirer in providing information.
    • TOOL2HIRE will require the Hirer to pay a deposit at the time the Equipment is ordered and/or require the Hirer to provide details of a valid credit or debit card and allow TOOL2HIRE to make a deposit.
    • The Deposit shall be a deposit of any charges or any loss or damage caused to the Equipment by the Hirer against default.
    • If the Hirer fails to pay the Charges or any Replacement Cost without due cause or causes any loss or damage to the Equipment (in whole or in part), TOOL2HIRE shall be entitled to claim the Deposit against such default, loss, replacement or damage;
    • Unless TOOL2HIRE is entitled to make a deduction from the deposit pursuant to clause 5.5, at the end of the hire period, the full amount of the deposit will be returned to the Hirer;
    • At the time accepted in the Contact, the Hirer must pay the charges. Except where the parties have agreed otherwise in writing or in the contract;
  • Variation
    • TOOL2HIRE changes from time to time to these Terms. The terms in force at the time of the order will apply to the contract between the Hirer and TOOL2HIRE whenever a Hirer orders Equipment from us.
    • To reflect the following circumstances, TOOL2HIRE may change these Terms as they apply to an Order from time to time:
      • Relevant laws and regulatory requirement changed;
      • processes and procedures of TOOL2HIRE changed.
    • When TOOL2HIRE is forced to change these Terms when they apply to an order, TOOL2HIRE shall contact the Hirer to provide the Hirer with a reasonable notice of the changes and let the Hirer know how to cancel the contract if the Hirer is not happy with the changes. The Hirer may cancel either all affected equipment or any equipment that the Hirer has yet to receive. If the Hirer decides to cancel, TOOL2HIRE will have to return any related equipment already provided (at TOOL2HIRE’s cost) and TOOL2HIRE will arrange a full refund of the Hirer’s amount.
  • Use of personal information
    • TOOL2HIRE is the data controller for any personal information that we receive from Hirer. To process and fulfil an order, TOOL2HIRE will collect and process such information.
    • If the hirer provides TOOL2HIRE with his or her own personal information, please see the privacy policy of TOOL2HIRE which is available on our website (https:/www. TOOL2HIRE.com / hire / privacy-and-cookies-policy) for further information on how personal information is used and the rights to that information.
    • If the Hirer provides TOOL2HIRE with other person’s personal data, the Hirer must tell that person that the Hirer provides TOOL2HIRE with their information and show them a copy of this notice
  • General
    • Even if TOOL2HIRE delays in enforcing a contract, it can still be enforced by TOOL2HIRE later. If TOOL2HIRE fails to insist that the Hirer fulfils any of its contractual obligations or if TOOL2HIRE fails to enforce its rights against the Hirer, Or if TOOL2HIRE delays in doing so do not mean that TOOL2HIRE has agreed not to enforce its rights against the Hirer and does not mean that the Hirer is not required to comply those obligations. When TOOL2HIRE waives the Hirer’s default, TOOL2HIRE will do so only in writing, and that will not mean that TOOL2HIRE automatically waives the Hirer’s later default.
    • If a court considers part of the Terms is illegal, the rest will remain in force. Each of these Terms’ paragraphs operates separately. The remaining paragraphs will remain in full force and effect if any court or other authority decides that any term is unlawful or unenforceable.
    • Under a contract, no one else has any rights. The parties do not agree to be enforceable by any individual other than the parties for any term of a contract.
    • The Hirer needs TOOL2HIRE’s consent to transfer their rights to another person. The contract is personal to the Hirer and without TOOL2HIRE’s prior written consent, the Hirer shall not assign, delegate, subcontract, transfer, charge or otherwise dispose of all or any of its rights and responsibilities under the contract.
  • Governing Law and Jurisdiction
    • These Terms and any and all Contracts and any non-contractual obligations arising from or relating to them shall be regulated by English law.
    • TOOL2HIRE and the Hirer both agree that the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms and any and all Contracts (including in relation to any non-contractual obligations).
  • Liability
    • Limitation of Liability for Loss or Damage Suffered by Hirer (Not a Consumer)
      • 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.
      • If TOOL2HIRE is found to be liable in respect of any loss or damage to the Hirer’s property the extent of TOOL2HIRE’s Liability will be limited to the retail cost of replacement of the damaged property.
      • Any defective Goods must be returned to TOOL2HIRE’s suppler for inspection if requested by TOOL2HIRE before TOOL2HIRE will have any Liability for defective Goods.
      • TOOL2HIRE shall have no Liability to the Hirer if, without just cause, any monies due in respect of the Goods and/or the Services have not been paid in full by the due date for payment.
      • TOOL2HIRE shall have no Liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the Hirer’s continued use of defective Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Hirer. The Hirer shall give TOOL2HIRE a reasonable opportunity to remedy any matter for which TOOL2HIRE is liable before the Hirer incurs any costs and/or expenses in remedying the matter itself. If the Hirer does not do so TOOL2HIRE shall have no Liability to the Hirer.
      • TOOL2HIRE shall have no Liability to the Hirer to the extent that the Hirer is covered by any policy of insurance arranged as a result of the Contract and the Hirer shall ensure that the Hirer’s insurers waive any and all rights of subrogation they may have against TOOL2HIRE.
      • TOOL2HIRE shall have no Liability to the Hirer for any of the following losses (whether direct or indirect):-
        • consequential losses;
        • economic and/or other similar losses;
        • business interruption, loss of business, contracts and/or opportunity including loss of profits and/or damage to goodwill;
        • aborted costs or loss from the hiring by the Hirer of any tradesperson or contractor; and/or
        • special damages and indirect losses however so arising.
      • TOOL2HIRE’s total Liability to the Hirer under and/or arising in relation to any Contract shall not exceed 2 times the charges paid by the Hirer under the Contract.
      • Each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of:
        • liability for breach of contract;
        • liability in tort/delict (including negligence); and
        • liability for breach of statutory and/or common law duty; except clause 10.1.8 above which shall apply once only in respect of all the said types of Liability.
      • Nothing in this Contract shall exclude or limit the Liability of TOOL2HIRE for fraud, death or personal injury due to TOOL2HIRE’s negligence, nor exclude or limit any other type of Liability which it is not permitted to exclude or limit as a matter of law.
    • TOOL2HIRE’s Responsibility for Loss or Damage Suffered by Hirer who is a Consumer
      • In the event TOOL2HIRE fail to comply with this Contract, TOOL2HIRE are responsible for loss or damage the Hirer suffers that is a foreseeable result of TOOL2HIRE’s breaching this Contract or TOOL2HIRE’s failure to use reasonable care and skill but TOOL2HIRE is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both TOOL2HIRE and the Hirer knew it might happen, for example, if the Hirer discussed it with TOOL2HIRE during the sale process.
      • TOOL2HIRE does not exclude or limit in any way its liability to the Hirer where it would be unlawful to do so including liability for death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misinterpretation; for breach of your legal rights in relation to the Goods including the right to receive Goods which are: as described and match information TOOL2HIRE provided to the Hirer and any sample or model seen or examined by the Hirer; of satisfactory quality; fit for any particular purpose made known to TOOL2HIRE: for Services supplied with reasonable skill and care.
      • TOOL2HIRE are not liable for business losses. TOOL2HIRE only supply the Goods and/or Services to the Hirer for domestic and private use. If you use the Goods and/or Services for any commercial, business or re-sale purpose TOOL2HIRE will have no liability to you for any loss of profit, loss of business, business interruptions, or loss of business opportunity.
      • Any defective Goods must be returned promptly to TOOL2HIRE’s supplier for inspection if requested by TOOL2HIRE before TOOL2HIRE can incur any liability for defective Goods.
      • The Hirer shall give TOOL2HIRE a reasonable opportunity to remedy any matter for which TOOL2HIRE may be liable before the Hirer incurs any cost and/or expenses in remedying the matter itself. If the Hirer does not do so TOOL2HIRE shall have no Liability to the Hirer relating to that matter.
      • If TOOL2HIRE are found to be liable in respect of loss or damage to the Hirer’s property the extent of TOOL2HIRE’s Liability will be limited to the cost of making good any damage to the Hirer’s property.
      • Subject to clause 10.2.2, TOOL2HIRE shall not be liable for any distress or inconvenience caused to the Hirer or for any aborted costs or loss arising from engagement by the Hirer of any tradesperson or contractor.
  • Cancellation
    • If the Hirer who is Consumer, automatic termination of the contract term on day 88. The hire period shall not exceed 88 days in any circumstances, subject to TOOL2HIRE’s and the Hirer’s right to cancel as set out in the contract, and each contract shall automatically end 88 days after the start date.
    • If the Hirer is not a Consumer:
      • The duration of hiring is not going to exceed 88 days. Where the hire is for a Hirer who is an “individual” (including, without limitation, a sole trader or partnership) under the Consumer Credit Act 1974, the hire period shall not exceed 88 days, after which the relevant contract shall be deemed to have terminated automatically.
      • Reasons for mutual termination. Either party may, immediately on giving written notice to the other party, terminate the Contract and/or the relevant Contract without payment of compensation if the other party:
        • Commits a material breach of the Contract that cannot be remedied;
        • Commits a material breach of the Contract which can be remedied but does not remedy the breach within seven (7) days of the written notice of the breach and requires the other party to remedy it;
        • becomes insolvent and each party shall immediately inform the other party when it becomes insolvent.
      • Termination on Notice. Either party may terminate the Contract on giving the other party not less than five (5) days’ notice in writing.
      • TOOL2HIRE’ rights to terminate. TOOL2HIRE may terminate the Contract immediately on giving written notice to the other party if:
        • The Equipment is lost, stolen, seized, confiscated or, in the reasonable opinion of TOOL2HIRE or the opinion of its insurers, damaged beyond repair;
        • the Hirer (or its associated persons, agents or subcontractors) is shown not to be running its business in accordance with applicable law and regulations and with high levels of governance and ethical standards or cannot evidence such standards by way of appropriate policies and controls (or otherwise) to TOOL2HIRE’s reasonable satisfaction, including but not limited to compliance with the Bribery Act 2010, the Modern Slavery Act 2015, the Criminal Finances Act 2017 (anti-facilitation of tax evasion) and the General Data Protection Regulation.
      • Accrued rights and remedies will not be prejudiced by termination or expiry. The termination of the Contract (or any part of it) shall be without prejudice to the rights and remedies of either party which may have accrued up to the date on which the Contract expires or is cancelled for whatever reason.
      • Consequences of termination or expiry. Upon the termination or expiry of the Contract, to whatever extent caused, without prejudice to any other rights or remedies of TOOL2HIRE:
        • TOOL2HIRE shall be entitled to invoice all Charges and Additional Charges incurred which have not yet been invoiced;
        • the Hirer shall pay on demand all Charges and Additional Charges which are due but are unpaid at the date of demand, together with any interest accrued; and
        • the Hirer shall pay on demand all costs and expenses incurred by TOOL2HIRE in recovering the Equipment and/or in collecting any sum due under the Contract (including any storage, transport, insurance, repair, legal and remarketing costs).
      • Hirer’s rights to Equipment ends when the Contract ends. Without prejudice to the remainder of these Terms, on the termination or expiry of any Contract TOOL2HIRE’ consent to the Hirer’s possession of the Equipment shall terminate and TOOL2HIRE may take possession of the Equipment and for this purpose may enter the Site or any premises at which the Equipment is located.
      • Definition of Insolvent. “Insolvent” means where a person ceases to trade, is unable to pay its debts as they fall due or where a person becomes, or is likely to become, insolvent or bankrupt  including where a person has a receiver, administrative receiver, administrator or provisional liquidator appointed; is subject to a notice of intention to appoint an administrator; passes a resolution for its winding-up has a winding up order made by a court in respect of it; enters into any composition or arrangement with creditors (save in respect of a solvent restructuring) or has any steps or actions taken in connection with any of these procedures in any jurisdiction.
  • Statutory Cancellation Right For Consumers
    • The provisions of this clause 12 only apply to Hirers who are a Consumer for the purpose of any hire or purchase from TOOL2HIRE.
    • Subject to clauses 12.4 and 12.5, in the case of all Contracts for Sale Goods the Hirer shall, in accordance with its rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, have the right to cancel the Contract by writing to TOOL2HIRE  without incurring any charge or Liability within 14 days of the day following the date on which the Goods come into the physical possession of the Hirer.
    • Where a Hirer exercises its right to cancel under clause 12.2 and has made payments in advance for Goods and/or Services that have not been provided to it, then TOOL2HIRE will refund these amounts to the Hirer:
      • within 14 days of receipt of the Goods which have been returned by the Hirer; or
      • (if earlier) within 14 days after the day the Hirer provides evidence that they have returned the Goods; or
      • if no Goods have been provided by TOOL2HIRE, 14 days after the day on which TOOL2HIRE is informed of the Hirer’s decision to cancel the Contract.
    • Where the Hirer deals as a Consumer and requests in writing that TOOL2HIRE begins provision of the Services within the cancellation period set out in clause 12.2, then the Hirer’s right to cancel the Contract without incurring any charge or Liability will expire once TOOL2HIRE has completed the provision of the Services. If the Hirer cancels the Contract once TOOL2HIRE has begun to provide the Services it shall be liable for all costs reasonably incurred by TOOL2HIRE in providing the Services up to the point TOOL2HIRE is informed of the Hirer’s decision to cancel the Contract.
    • Where the Contract is with a Consumer and:
      • is for the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities; and
      • provides for a specific date or period of performance, the Consumer will not have a right to cancel the Contract without incurring any charge or Liability to TOOL2HIRE.
    • Where a Hirer cancels the Contract under this clause 12, it shall return any Goods which TOOL2HIRE has provided to it at its own cost, unless otherwise expressly agreed in writing.
  • Termination by Notice
    • If the Hire Period has a fixed duration, then subject to the provisions of clause 14 neither the Hirer nor TOOL2HIRE shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party.
    • If the Hire Period does not have a fixed duration either of the Hirer or TOOL2HIRE is entitled to terminate the Contract after commencement of the Hire Period upon giving to the other party at least one clear days’ notice of termination (for example, if notice of termination is given on Monday then the Contract will terminate at midnight on Tuesday and any Rental would be due for the Monday and Tuesday but not the Wednesday).
    • The rights set out in this clause 14 are in addition to any rights the Hirer may have under clause 12 (and any other legal rights).
    • Payments made by the Hirer for Sale Goods including consumables, fuel, damage waiver, insurance, deposit intended to cover a Hire Period which has been cancelled may be refunded to the Hirer by TOOL2HIRE except where:
      • TOOL2HIRE has paid to a third party an insurance premium;
      • specialist transport or permits costs for which TOOL2HIRE liable; or
      • any such Sale Goods are returned used or in the opinion of TOOL2HIRE are not in resaleable condition.
  • Termination for Default
    • If the Hirer:-
      • fails to make any payment to TOOL2HIRE when due;
      • 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;
      • persistently breaches the terms of the Contract;
      • provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
      • pledges, charges or creates any form of security over any Hire Goods or proposes to compound with its creditors, creates a trust deed for its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress/diligence, execution or other legal process is levied on any property of the Hirer, has a bankruptcy petition/petition for sequestration presented against it or the Hirer takes or suffers any similar action in any jurisdiction;
      • being a company, ceases or threatens to cease to carry on business, enters into voluntary or compulsory liquidation, has a receiver, administrator or administrative receiver or in the Republic of Ireland an examiner appointed over all or any of its assets, any attachment order/arrestment is made against the Hirer, any distress/diligence, execution or other legal process is levied on any property of the Hirer or the Hirer takes or suffers any similar action in any jurisdiction;
      • appears to TOOL2HIRE (acting reasonably) due to the Hirer’s credit rating to be financially incapable of meeting its obligations under the Contract; and/or
      • appears to TOOL2HIRE (acting reasonably) to be about to suffer any of the above events; then TOOL2HIRE shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 14.2 below.
    • If any of the events set out in clause 14.1 above occurs in relation to the Hirer then:-
      • except where the Hirer is acting as a Consumer TOOL2HIRE may enter, without prior notice, any premises of the Hirer (or premises of third parties with their consent) where Goods owned or hired by TOOL2HIRE may be and repossess and/or take possession of any Goods;
      • TOOL2HIRE may withhold the performance of any Services and cease any Services in progress under this and/or any other Contract with the Hirer;
      • TOOL2HIRE may immediately cancel, terminate and/or suspend without Liability to the Hirer the Contract and/or any other contract with the Hirer; and/or
      • *all monies owed by the Hirer to TOOL2HIRE shall immediately become due and payable.
    • Any repossession of the Goods shall not affect TOOL2HIRE’s right to recover from the Hirer any monies due under the Contract and/or any damages in respect of any breach which occurred prior to repossession of the Goods.
    • Upon termination of the Contract the Hirer shall immediately:
      • return the Goods to TOOL2HIRE or, as requested by TOOL2HIRE, make the Goods available for collection by TOOL2HIRE or its authorised representatives (the Hirer granting or procuring for TOOL2HIRE or its authorised representative the right to enter the site without trespass); and
      • pay to TOOL2HIRE all arrears for Rentals, Charges for any Services, monies for any Sale Goods and/or any other sums payable under the Contract including, but not limited to, the cost of returning the Goods.
    • The Hirer, when also a Consumer, may end the Contract for a reason set out in clauses 11.5.1 to 11.5.5 below by notifying TOOL2HIRE when they wish the Contract to end and the reason why and TOOL2HIRE will then refund the Hirer for any Goods or Hire Period which has not been provided where;
      • TOOL2HIRE has told the Hirer about an upcoming change to the Goods and/or Services or this Contract which the Hirer does not agree to;
      • TOOL2HIRE have told the Hirer about an error in the price or description of the Goods and/or Services that the Hirer has ordered and the Hirer does not wish to proceed;
      • there is a risk that supply of the Goods and/or Services may be significantly delayed because of events outside the Hirer’s control;
      • TOOL2HIRE has suspended supply of Goods and/or Services for technical reasons, or notified the Hirer it is going to suspend the supply of Goods and/or Services for technical reasons in each case for a period of more than 3 days; or
      • the Hirer has a legal right to end the Contract because of a breach of Contract by TOOL2HIRE.
  • Intellectual Property RightsNo right of licence is granted to the Hirer in respect of any intellectual and industrial property rights whether registered or unregistered (including know how and rights to prevent passing off) in the United Kingdom and all other countries in the world and together with all applications, renewals and extensions of the same of TOOL2HIRE, except the right to use the Equipment in the Hirer’s ordinary course of business for the purpose for which they were supplied.
  • Confidentiality
    • Use of Confidential Information. Each party will keep secret and confidential all confidential information concerning the business, affairs, customers, clients or suppliers of the other party which is disclosed or obtained in connection with the Contract and/or any Contract and shall not use nor disclose the same save for the purposes of the Contract or with the prior written consent of the relevant party.  Where disclosure is made to any employee, consultant, sub-contractor or agent, who needs to know the confidential information for the purposes of the Contract and/or any Contract it shall be done subject to the obligations set out in the Contract and each party shall procure that any such employee, consultant, sub-contractor or agent complies with such obligations.
    • Exceptions to obligations of confidentiality. The obligations of confidentiality in this clause shall not extend to any matter which:
      • is in or enters the public domain other than as a result of a breach of the obligations of confidentiality under the Contract; or
      • is independently disclosed by a third party entitled to disclose the same; or
      • is required to be disclosed under any applicable law, or by order of a court, governmental body or authority of competent jurisdiction.
  • Notices
    • Method and Address for notices. Any notices sent under the Contract must be in writing, delivered by hand or sent by pre-paid first class post or recorded delivery to the parties at their registered addresses. Any notice or communication given in accordance with clause 17.1 shall be deemed to have been served:
      • if delivered by hand, at the time of delivery; or
      • if sent by pre-paid first class post or recorded delivery at 9.00 a.m. on the second Business Day after the date of posting.
    • Clause not applicable where the Civil Procedure Rules apply. This clause 17 shall not apply to the service of any proceedings or other documents in a legal action to which the Civil Procedure Rules apply.
  • General
    • Entire Agreement. The Contract constitutes the entire agreement between the parties and supersedes any prior agreement or arrangement in respect of its subject matter and:
      • neither party has entered into the Contract in reliance upon, and it shall have no remedy in respect of, any representation or statement which is not expressly set out in the Contract; and
      • nothing in this clause 18.1 shall be interpreted or construed as limiting or excluding the liability of either party for fraud or fraudulent misrepresentation.
    • No Partnership. Nothing in the Contract and no action taken by the parties in connection with it or them shall create a partnership or joint venture or relationship of employer and employee between the parties or give either party authority to act as the agent of or in the name of or on behalf of the other party or to bind the other party or to hold itself out as being entitled to do so.
    • Independent Contractor. Each party agrees that it is an independent contractor and is entering into the Contract as principal and not as agent for or for the benefit of any other person.

Version: Nov 2019