Terms & Conditions of Fence Hire

DEFINITIONS AND GENERAL

Perfect Associates Ltd t/a PAL Hire UK

Metropolitan House, Station Road

Cheadle Hulme, Cheshire, SK8 7AZ

A LARGER TYPEFACE OF THESE TERMS AND CONDITIONS ARE AVAILABLE ON WRITTEN REQUEST

In these conditions

“the provider” means Perfect Associates trading as PAL Hire UK.

“the supplier” means where the context so permits, the provider or the providers duly authorised agent or sub-contractor.

“the hirer” means the person or company requesting provision of hire item(s) by the provider.

“the service” means the supply of hire item(s) by the provider, it’s employees, servants, agents or sub-contractors for the period of hire to facilitate the removal of refuse on behalf of the hirer and the subsequent disposal of the contents of such hire item(s) or hire item(s)s on behalf of the hirer.

“the hire item(s)” means any hire item(s) or any other hire item provided as part of the service.

“the site” means the place where the hire item(s) is deposited at the request or direction of the hirer.

“the period of hire” means the period from delivery of the hire item(s) to the hirer, to collection thereof, from the hirer or such time as collection thereof ought reasonably to have been completed by the supplier.

“Working day” shall mean Monday to Friday in any week.

“Force Majeure” means any circumstances beyond the reasonable control of either the provider or the supplier (including, without limitation, thereto, any strike, lock out or other form of industrial action, accident, inclement weather, difficulties in obtaining fuel parts or machinery, power failure or breakdown, or malfunction of machinery or computers.

In consideration of the provider extending credit to the hirer as named, the person signing this form herby guarantees payment to the provider of all outstanding monies including amounts owed in excess of credit limit and any interest applicable.

1. These conditions shall apply to all contracts for the supply of the service by the provider to the exclusion of all other terms and conditions and shall apply where the context so permits for the benefit of the supplier and the employees, agents and sub-contractors of the provider and the supplier as if they had been parties hereto.
2. The provider reserves the right to add to, alter or amend or withdrawal any of these terms or conditions without notice. Any typographical, clerical or other error, or commission in any sales literature, quotation or price list, acceptance of offer, invoice or other document or information issued by the provider shall be subject to correction without any liability on the part of the provider.
3. Any reference in these conditions to a statute or regulation or provision thereof shall be constructed as a reference to that statute, regulation or provision as a amended re-enacted or extended at the relevant time.
4. All requests for the service shall be deemed to be an offer by the hirer to purchase the service pursuant to these conditions and the service is offered subject to the availability of suitable hire item(s) to the provider. The Hirer agrees that they will rely wholly on their own hire item(s) and judgment in the selection of the service and will not treat any information supplied to them by the Provider as a representation, warranty or guarantee in any manner whatsoever.
5. No variation of these conditions shall be binding unless agreed in writing between the authorised representatives of the Provider and the Hirer.
6. The Provider will use its best endeavours to comply with the Hirer’s requirements but can accept no responsibility for failure to supply, or remove or for any delay in supplying or removing hire item(s) which may be caused directly or indirectly by any circumstances beyond the Providers control, or any unforeseen or abnormal conditions by any act or neglect on the part of the Hirer and time shall not be of the essence of the Contract save as to payment by the hirer for the service. The provision of the service may be wholly or partly suspended at the providers discretion without liability on the part of the provider for any loss resulting from any suspensions.
7. a) Except as specifically otherwise agreed in writing the provider or supplier, shall be under no obligation to deposit the hire item(s) elsewhere than on a highway.

   b) The Hirer agrees in all cases:-

   (i) to provide and adequately maintain all necessary approach roads and sites for the purpose of the delivery;

   (ii) to rely on their own skill and judgment and to satisfy themselves as to the suitability of all approach roads, tracks, or grounds, for the purposes of delivery, siting and collection of hire item(s) and to notify the provider at the time of ordering the service of any special requirements as to delivery.

   (iii) promptly on the arrival of the vehicle to accept delivery and provide any necessary directions and a suitable site.

   (iv) to ensure that an authorised person is present at the time of delivery to sign and acknowledgement of delivery and or collection of the hire item(s) and that such authority is signed on delivery or collection by such authorised person and not otherwise and the Hirer agrees that any delivery or collection note signed by a person with apparent authority to do so shall be deemed to be signed by an authorised representative of the hirer and that where no such person is available to sign such proof of delivery or collection within 10 minutes from arrival of the hire item(s) or the vehicle at the site the suppliers written confirmation of delivery shall be final and binding upon the Hirer.

   c) The Hirer shall save harmless and keep the provider indemnified against any claim demand or penalty arising during the period of hire and which could not have been made had the provider not agreed to provide the service including, but not limited thereto all 3rd party claims, or claims for damages arising out of accidents related to any hire item(s) the subject of this contract.

8. i) The price for the provision of the service shall be such sum as shall from time to time be agreed between the parties & in default of agreement shall be a quantum merit otherwise agreed shall be exclusive of VAT which shall be payable by the Hirer.

   ii) Save where the Hirer has a previously approved credit account with the Provider payment for the provision of the Service shall be made in full by the Hirer to the Provider prior to the delivery by the Provider of any hire item(s).

   iii) Where the Hirer has an approved credit account the provider shall be entitled to invoice the Hirer at the end of the month for all the services provided hereunder prior thereto and the Hirer shall pay the price for the provision of the service to the Provider within 30 days of the date of the Providers invoice. The time of payment of the price shall be of the essence of the Contract.

   iv) The Hirer agrees that in the event that the Hirer shall fail to pay the Provider’s account in accordance with the terms hereof the provider may return to the Hirer the waste or a quantity of waste which is in the reasonable opinion of Provider similar thereto and the Provider shall for such purposes be entitled to enter upon any premises of the Hirer or any third party from whom waste was collected for such purposes and to deposit such waste thereon.
   v) The provider reserves the right to grant, refuse, withdraw, restrict, alter or cancel credit terms at its discretion. Where the Service is to be supplied over a period of time each instalment thereof shall be treated as a separate contract and failure by the Provider to provide any one or more instalments, shall not entitle the Hirer to treat the contract as a whole as repudiated.

   vi) If the Hirer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the seller, the seller shall be entitled to:

   a) cancel the contract or suspend any further deliveries to the Hirer.

   b) appropriate any payment made by the Hirer to such of the services (or the Services supplied under any other contract between the Provider and the Hirer) as the Provider may think fit (not withstanding any purported appropriation by the Hirer; and

   c) charge the Hirer interest (both before and after any judgment) on the amount unpaid, at the rate of 2.5% per month until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

   d) charge the hirer’s credit card as listed on the credit card and bank reference form to bring the account back into agreed trading terms.

9. The Hirer shall where so required to do by the Driver direct the Driver where to deposit or pick up the hire item(s).
10. a) Where the provider or the Driver are requested or directed to deposit or pick up hire item(s) on or from a site which is off a highway or where delivery otherwise involves the passage of the vehicle over gratings, drains, roads, pavements, forecourts, yards, asphalt areas or any like areas the Provider shall be under no liability whatsoever to the Hirer for any damage howsoever caused whilst the vehicle is off the highway other than as shall be caused by negligent driving on the part of the driver. Without prejudice to the generality of Condition 7c) the Hirer shall subject as above save harmless and keep the Provider indemnified against any claim or demand which could not have been made had the Driver not been so requested or directed. The Hirer will in addition compensate the Provider for any damage to the vehicle or the hire item(s) which would not have occurred had the Driver not been so requested or directed and which is not due to any negligence on the part of the Driver.

    b) If the Provider shall be prevented for any reason beyond its control from delivering or collecting a hire item(s), the Hirer shall remain liable for the Provider’s charges together with such additional sums as the Provider shall reasonably so require for the further provision of the Service.

11. The time allowed for depositing or picking up hire item(s) is ten minutes. If the vehicle is kept waiting longer than this after arrival the Hirer shall be liable for reasonable demurrage. Standing times are chargeable at L50 per hour or part thereof.
12. The standard time allowed for a ‘Wait & Load’ is fifteen minutes. If the vehicle is kept waiting longer than this initial time, the hirer shall be liable for a waiting charge of L50 per hour or part thereof.
13. The Hirer shall ensure that all permissions required before the hire item(s) can lawfully be deposited on the site including the permission required under the Highways Act 1971 have been or will be obtained before they request the Provider or direct the Driver to deposit the hire item(s) on the site and that the said permission will be kept in force during the period of hire and where necessary for up to 3 working days thereafter. The hirer, will ensure that all hire item(s) sited on the highways will be lighted and coned in accordance with the terms and conditions of the highways act and the issuing local authority’s demands.
14. The Hirer shall not move the hire item(s) from the site without the consent of the Supplier and where necessary the highway authority.
15. The Hirer shall ensure:

    a) That the Hirer signs a single or multiple consignment transfer note declaring the waste type and that the waste is accurately described when completing the transfer note.

    b) Where the waste type does not conform to the description as specified on the waste transfer note or is different to that as specified at the time the hire item(s) was ordered, then charges will vary accordingly.

    c) Where inert waste loads (soil/hardcore/muck) are ordered and they are found to contain other waste types, in particular mixed builders waste materials thus contaminating the load, the hirer will be charged accordingly for the hire tipping charges (typically L40 to L60 per tonne) In particular the hirer must be aware of the considerable differences in landfill tax rates. Currently L2/tonne for inert materials and L15/tonne for active waste materials.

    d) Where appropriate waste is only stored in suitable containers.
    e) that no liquids explosives, toxic, or dangerous materials including, but not limited to fibrous asbestos, solvents, minerals or greases will be placed in the hire item(s) without the written consent of the supplier and that the contents of the hire item(s) when loaded conform to the requirements of S.I.1980/1709 or any re-enactment thereof and the local waste regulation authority with regard omits suitability for disposal as general or special waste as a controlled waste disposal site.

    f) If any waste to which the said section applies is placed in any hire item(s) the Hirer will immediately give the notices required by the said section and send copies of such notices to the supplier and the provider.

    g) That no bonded asbestos will be placed save where the Hirer has given to the Provider, a minimum of seven days notice of their intentions so to do and obtained the written agreement of the Provider thereto and of the charges to be made with regard thereto.

    h) No cans, bottles or other liquid containers are placed in the hire item(s) unless they are dry, free from liquid, residues and open for inspection.

    i) That no fridges, freezers, vehicle tyres, car/commercial vehicle batteries and any other waste types which following changes in legislation from time to time may become classified as a special or difficult waste type,

16. The Hirer shall ensure from the time that the hire item(s) is deposited until it is picked up again by the Supplier

    a) It is properly sited in accordance with any relevant permission and that all conditions thereof are observed and performed at all times.

    b) It is properly coned where necessary during the hours of daylight and coned and lighted during the hours of darkness.

    c) No fires are lit in, and no corrosive acid or noxious substance, liquid cement or concrete placed in the hire item(s).

    d) It is filled no higher than the top of its sided and in such manner as to prevent spillage of material there from both, whilst the container is stationary or in transit. Where hire item(s) are located on public or third party property and waste is accumulated for any reason whatsoever in the immediate proximity of the hire item(s), the Provider reserves the right to supply a further hire item(s) to contain the surplus material and to transfer the same to the hire item(s) and to debit the Hirer with the reasonable costs of so doing.

    e) It suffers no damage except fair wear and tear. All damage by fire, vandalism or other means, the hirer will reimburse the provider all costs for either replacement or repair.
    f) No danger is caused by the hire item(s) or its contents to any third party and in particular but without limitation thereto to children.

    g) No unauthorised removal of the hire item(s) shall take place by the hirer or a 3rd party contractor without the prior consent of the provider. The hirer will be debited all reasonable costs incurred in returning the hire item(s), or in cases where the hire item(s) is deemed lost or stolen the hirer will reimburse the provider in full. Please note that many insurance policies will not cover theft of hire item(s).

17. Notwithstanding the terms of condition 15 it shall be the Hirer’s duty to notify the Supplier of and the Supplier’s responsibility to ensure compliance with any condition imposed by a highway authority relating to the marking of the hire item(s) with reflective paint.
18. Except as specifically otherwise agreed in writing the Hirer shall fill the hire item(s) within the period of hire which is 1 week (7 days – If the hire exceeds this period, rental charges may be incurred at up to L2 per day for hire item(s) and up to L10 per day for roll on offs.) and shall inform the Supplier in good time of its readiness for collection or replacement. The Hirer shall ensure that from the time when collection of the hire item(s) is due to take place until the same is collected there is left a clear space at one end of the container to terminate the hiring of the hire item(s) the minimum notice period shall be one clear working day’s notice. Ownership of the contents shall pass to the Supplier on collection unless agreed in writing.
19. The Provider may arrange the removal or repositioning of the hire item(s) if required at any time to do so by a highway authority or constable in uniform under Section 140 of the Highway Act 1980. The Hirer shall be responsible for the reasonable additional cost thereof on the part on the Provider or Supplier.
20. It is the responsibility of the hirers representative on site to keep the hirers copy of the ‘Proof of Delivery’ ticket. Any copies required at a later date will be subject to a L5 administration charge.
21. Except as specifically otherwise agreed in writing the Provider agrees to dispose of such of the contents of the hire item(s) as shall be in accordance with the terms of this contract. The Hirer agrees that they will pay the Provider’s reasonable charges of dealing with any of the contents of any hire item(s) which do not comply with the terms of this contract.
22. Risk: The risk in relation to any hire item(s) supplied pursuant to this Contract shall pass to this Hirer upon delivery in accordance with the Hirer’s request or direction and shall remain with the Hirer until the hire item(s) are collected by the Supplier.
23. Where the Service is provided under a consumer transaction as defined by the Consumer Transaction (Restriction on Statements) order 1976, the statutory rights of the hirer are not affected by these conditions.
24. It is specifically provided and agreed that any compensation &/or damages payment in respect of any claim or claims arising out of or in connection with the terms of this contract for any reason whatsoever and howsoever arising shall not amount in the aggregate to more than the cost of the provision of the service by the provider or that part of the Service giving rise to such claim and Provider and any other person entitled to the benefit of this contact shall have no further liability to the Hirer.

    Except in respect of death or personal injury cause by the negligence of the provider or any other person entitled to the benefit of this contract, the Provider or such party shall not be liable to the Hirer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the expressed terms of this contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Provider or any other party entitled to the benefit of this contract, there employees, or agents, or otherwise) which arise out of or in connection with the supply of the service, except as expressly provided in these conditions.

25. The Provider shall not be liable to the Hirer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the providers or suppliers obligations in relation to the service, if the delay or failure was due to force majeure.
26. Insolvency of Hirer: a) This cause applies if : i) the Hirer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation ( otherwise than for the purposed of amalgamation or reconstruction); or ii) an encumbrance takes possession, or a receiver is appointed, or any of the property or assets of the Hirer, or

    iii) the Hirer ceases or threatens to cease, or threatens to cease; to carry on business; or

    iv) the Provider reasonably apprehends that any of the events mentioned above is about to occur in relation to the Hirer and notifies to the Hirer accordingly.

    b) If this clause applies then without prejudice to any other right or remedy available to the provider, the Provide shall be entitled to cancel the contract or suspend any further deliveries under the Contract without any liability to the Hirer, and if the Services have been provided but not paid for, the price shall become immediately due and payable not withstanding and previous agreement or arrangement to the contrary.

27. Refund Policy

    27.1 Application for refunds must be sent directly to Perfect Associates, in writing, addressed to the Customer Service Manager. Please note as a company we do not offer cash refunds, we can however apply a credit note, once authorised, to use against future purchases.

28. Cancellation Policy

    Cancellation of Hire. If the hirer chooses to cancel the hire, the following charges will be levied:

    More than 4 days notice – 10% of total hire charge

    1-3 days notice – 50% of total hire charge

    Less than 24 hours’ notice – 100% of total hire charge

    Please note cancellation charges apply on all orders once payment has been taken.

Additional Terms & Conditions for Domestic Private Hire

The hirer is responsible for ensuring the position for hire item(s) delivery has a clear access. Blocked access due to abandoned vehicles or materials resulting in failed delivery/collection will incur standing time and or an aborted delivery charge. Hirer is responsible for theft or damage to hire item(s) whilst on hire & until hire item(s) is removed by the hire item(s) owner. PAL Hire cannot accept any liability for any costs incurred through damage to the hirers driveway or other property whilst delivering or collecting the hire item(s) off the public highway. The hire item(s) vehicle is invited off the highways onto private property at the hirers own risk. May we kindly draw your attention that tarmac, block paved, and patterned imprinted concrete driveways are at most risk. The hirer is also responsible for pointing out low lying cables, narrow entrance pillars, man hole covers, and any other potential risks or obstructions to Select A Hire item(s) or the driver prior to the hire item(s) delivery.

The hirer is responsible for lighting and coning of all on road hire item(s) and unless otherwise advised in obtaining the necessary council consent with a road permit.

In all cases delivery and collection times are given for guidance only and PAL Hire accepts no liability for any costs incurred due to delays in delivery/collection or failure to deliver on the preferred delivery date due to unforeseen circumstances. In all circumstances invoices exclude exceptional conditions such as force majeure’.