Terms and Conditions

Documents available:

Webshop Agreed Terms
Short-Term Hire Terms and Conditions

WEBSHOP AGREED TERMS

1. About us

1.1 Company details. Linde Material Handling (UK) Limited (company number 00324340) (we and us), is a company registered in England and Wales and our registered office and main trading address is at Kingsclere Road, Basingstoke, Hampshire, RG21 6XJ. Our VAT number is G8198937486. We operate the Linde MH Webshop located at website https://www.linde-mh.shop/en-gb/ (Webshop).

Contacting us. To contact us, telephone our customer service team at 0330 678 1478 or email shop@linde-mh.co.uk. How to give us formal notice of any matter under the Contract is set out in clause 14.2.

2. Our contract with you

2.1 Our contract. These terms and conditions (Terms) apply to the order by you via our Webshop for goods displayed via the Webshop and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.

2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

3. Placing an order and its acceptance

3.1 Placing your order. To place an order, you will need to click ‘add to cart’ on the web page of the relevant goods you wish to purchase. This will add the item(s) to your basket. When you are ready to place an order for the goods, you should either click ‘Proceed to checkout’ or ‘Basket’ and will need to follow the onscreen prompts to place an order. You will be able to modify the quantity of the goods prior to completing your order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms. For the avoidance of doubt the Goods presented at the Webshop are a non-binding invitation to you to order the Goods presented and your order will be treated as your offer to purchase such goods subject to our acceptance of such offer.

3.2 Acceptance of these terms and conditions: Your order can only be submitted and transmitted if you have indicated your acceptance of these terms and conditions by clicking on the "Accept " button appearing in the check-out page.

3.3 Checkout page. The check out page will list the Goods and their price and all ancillary items and charges such as the cost of delivery and packaging and any sales tax.

3.4 Registration. You will have the opportunity to register your details and to create an account with us at the time of placing an order. You are not required to create an account to place an order with us. By creating an account this will allow you to access the order status and other functionality available or to be made available to account holders only.

3.5 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

3.6 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.7.

3.7 Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence. We may, at the same time, confirm that the Goods have been dispatched (Dispatch Confirmation).

3.8 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

3.9 Correction of errors. Subject to the provisions of clause 9.5 where we discover that there is an error in either the Goods displayed, their description or the price of the Goods displayed on the Webshop after you have placed your Order we may correct such error by providing notice to you. You will have the right to cancel your order by notifying us within 24 hours of receipt of the notification whereupon you will be refunding any price paid by you subject to you returning the goods in a saleable condition. If you fail to cancel the order within 24 hours such non notification shall be deemed your acceptance of the correction and where there was an error in the price we may invoice you for the correct price or invoice for the difference between the price already paid and the correct price which shall be payable by you.

4. Our goods

4.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately and accurately depict the Goods, we cannot guarantee that your computer's display of the colours or details of the Goods accurately reflects the Goods. The colour or details of your Goods may vary slightly from those images.

4.2 The packaging of your Goods may vary from that shown on images on our site.

4.3 Any information appearing on the Webshop concerning weights and freights, etc., are illustrative only and are only binding if they are expressly stated either in the Webshop or on the order confirmation as binding. Only those characteristics that are expressly designated as "guaranteed quality" on the Webshop description of the Goods are guaranteed. Although we will use reasonable efforts to accurately describe the Goods any other general description or characteristics appearing on the Webshop concerning the Goods are not guaranteed either expressly or by implication and the contract shall not be deemed a contract by description and the provisions of section 13 of the Sale of Goods Act 1979 is hereby excluded.

4.4 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement, and to correct any errors.

5. Return and refund

5.1 You may not cancel the Contract and receive a refund once you have placed the Order other than for a genuine warranty claim subject to the provisions of clause 11 or unless we otherwise agree or unless clause 3.9 applies.

5.2 If you would like to return your Goods after delivery, you must notify us in writing within 14 days of the Goods being delivered. We are not obliged to accept any returns (other than legitimate product warranty returns or accepted cancellations) however if we accept your return, you will be provided with the returns delivery address and we must receive the item within 14 days of our acceptance. Delivery charges for returning Goods will be your responsibility and we will not reimburse you for these. If your Goods are not received within 14 days, we may reject the return.

5.3 Please ensure that you provide us with your order details when writing to us to help us identify it.

6. Delivery and transfer of risk

6.1 Delivery terms shall be deemed EX WORKS (incoterms 2010) Linde MH depot in the UK or the depot of our Supplier unless stated otherwise on the confirmation of order. We will arrange at your request for the delivery of Goods to you subject to you paying all related costs of delivery and being solely responsible for the risk in the Goods, all related insurance, import and export arrangements and duties and payment of any relevant tariffs where applicable.

6.2 The estimated delivery date shall appear on the product page of the Webshop, for standard range Goods. For bespoke Goods we will advise you of any estimated delivery date after the date of Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 for our responsibilities when this happens. Time for delivery shall not be of the essence.

6.3 Delivery is complete once the Goods have been collected from our depot or from our Suppliers depot by the third party allocated transport logistics provider and subject to the provisions of clause 5.1 the Goods will be at your risk from that time.

6.4 Risk in the Goods shall transfer to you on delivery.

6.5 If we are responsible for delivery and fail to deliver the Goods within a period of 6 weeks from the due delivery date our liability is limited to 0.5% for each week in excess of 6 weeks, but not more than 5% of the outstanding order value in question. Where we fail to deliver the Goods at all, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. The above amounts are our sole liability and your sole remedy in the case of non delivery. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or where the responsibility for delivery is placed upon you as set out in clause 5.1 and we are merely acting as your agent for delivery or any other instructions that are relevant to the supply of goods. You must ensure you take out appropriate insurance for cover the risk of damage or loss of the Goods during delivery.

6.6 If you fail to accept delivery when the goods arrive at the delivery location where delivery has been organised by us we may charge you for the cost of storage of the goods and if you do not advise us of an alternative delivery date and accept delivery when redelivered we may resell part of, or all the Goods.

7. Ownership and Title

7.1 Title and ownership to the Goods shall not pass to You until we have received payment in full (in cash or cleared funds) for the Goods and any other goods that we have supplied to you or any group company of yours in respect of which payment has become due, in which case title to the Goods shall pass at the time of payment of all such sums.

7.2 Until title to the Goods has passed to You, You shall:

(a) store the Goods separately from all other goods held by You so that they remain readily identifiable as our property;

(b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;

(c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;

(d) notify us immediately if it becomes subject to any of the following events;

(i) You take any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

(ii) You suspend, threaten to suspend, cease or threatens to cease to carry on all or a substantial part of its business; or

(iii) Your financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy

(e) Shall not allow any third party right charge security or interest to be placed on the Goods and shall prevent any third party from claiming a lien or taking such Goods in full or part satisfaction of any debt owed by you to them and you shall immediately notify us should any of such matters occur; and

(f) give us such information as we may reasonably require from time to time relating to:

(i) the Goods; and

(ii) Your ongoing financial position.

7.3 Subject to clause 6.4, You may resell or use the Goods in the ordinary course of business (but not otherwise) before we receive payment for the Goods. However, if You resell the Goods before that time:

(a) you do so as principal and not as our agent;

(b) title to the Goods shall pass from us to you immediately before the time at which resale by you occurs;

(c) you will procure that the proceeds of sale are used in full or part settlement of any amounts due to us. If the provisions of this clause 7.3(c) are found to be unenforceable for whatever reason then they shall be severable from the rest of this agreement and the remaining provisions of this clause 7 are intended to continue to apply subject to the deletion of this clause 7.3(c).

7.4 At any time before payment in full has been made by you to us and before title to the Goods passes to you, we:

(a) may by notice in writing, terminate your right under clause 7.3 to resell the Goods or use them in the ordinary course of business; and

(b) require you to deliver up all Goods in its possession that have not been resold, or irrevocably incorporated into another product and if you fail to do so promptly, you grant us a right to enter any premises of yours or of any third party where the Goods are stored in order to recover them.

8. No international delivery

8.1 Unfortunately, we do not deliver to addresses outside the UK. Any order specifying a delivery address outside the UK shall be rejected, we may however refer you to one of our associated companies who deal with Goods within the specified delivery address region if applicable but are under no obligation to do so.

8.2 You may place an order for Goods from outside the UK, but this order must be for delivery to an address in the UK.

9. Price of goods and delivery charges

9.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 9.4 for what happens if we discover an error in the price of Goods you ordered.

9.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

9.3 The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.

9.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the checkout process before you confirm your order. We sell a large number of Goods through our site. It is always possible that, despite our best efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

10. How to pay

10.1 You can pay for Goods in the following ways as indicated and as may be updated on the Webstore page:

(a) using a debit card or credit card;

(b) if you are a registered account holder, under arrangements agreed with you as a registered account holder.

10.2 Unless expressly agreed otherwise in writing, payment for the Goods and all applicable delivery charges is in advance. We will dispatch your Goods once we have processed your payment.

10.3 If, for any reason, payment is not successfully received, we will notify you by email and your order will be placed on hold until payment is made. If payment is not made within 5 days of our notification to you, then we reserve the right to cancel the order and will inform you of this by email.

11. Our warranty for the goods

11.1 The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.

11.2 Unless stated otherwise on the product page of the Webshop, we shall provide a warranty that on delivery and for a period of 12 months from delivery, the Goods shall:

(a) subject to clause 3, conform in all material respects with their description;

(b) be free from material defects in design, material and workmanship; and

11.3 Subject to clause 10.4, if:

(a) you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 10.2;

(b) we are given a reasonable opportunity of examining the Goods; and

we will, at our option and if we accept your warranty claim, repair or replace the defective Goods, or refund the price of the defective Goods in full together with the reasonable costs of returning the Goods to us if applicable. Subject to clause 10.4 this states your entire remedy for any defects in the Goods.

11.4 We will not be liable for breach of the warranty set out in clause 10.2 if:

(a) you make any further use of the Goods after giving notice to us under clause 10.3;

(b) the defect arises as a result of us following any drawing, design or specification supplied by you;

(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;

(e) in case of culpable non-observance of the operating instructions and maintenance instructions;

(f) you do not allow us adequate time and/or the opportunity to carry out rectification work or replacement delivery;

(g) you have used oils or lubricants or any other consumables of an unsuitable specification or other unsuitable equipment with the Goods;

(h) you have used spare parts which have not been expressly approved by us; or

(i) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

(j) The Goods are consumables which have a specified life span which has been exceeded.

11.5 We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 10.2 to the extent set out in this clause 10.

11.6 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

11.7 These Terms also apply to any repaired or replacement Goods supplied by us to you.

12. Our liability: your attention is particularly drawn to this clause

12.1 References to liability in this clause 11 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

12.2 If you use the Goods for resale purposes, then our responsibility and liability does not pass to any third party subject to clause 11.3 and we shall not be liable for any losses you may suffer to such third party.

12.3 Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(d) any other liability that cannot be limited or excluded by law.

12.4 Subject to clause 11.3, we will under no circumstances be liable to you for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(d) loss of anticipated savings;

(e) loss of goodwill;

(f) any third-party claims; or

(g) any indirect or consequential loss.

12.5 Subject to clause 11.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed a sum equal to 110% of the price of the Goods.

12.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

13. Termination

13.1 Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract and terminate your registration with immediate effect by giving written notice to you if:

(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 30 days of you being notified in writing to do so;

(b) you fail to pay any amount due under the Contract on the due date for payment;

(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;

(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

13.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.

13.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

14. Events outside our control

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.

15. Communications between us

15.1 When we refer to "in writing" in these Terms, this includes email.

15.2 Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.

15.3 A notice or other communication is deemed to have been received:

(a) if delivered personally, on signature of a delivery receipt;

(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00am on the working day after posting; or

15.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

15.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

16. General

16.1 Assignment and transfer.

(a) We may assign or transfer our rights and obligations under the Contract to another entity.

(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

16.2 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

16.3 Severance. Each paragraph and sub paragraph of these Terms operates separately. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract. If any provision of the Contract is deemed deleted under this clause 15.3 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision..

16.4 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

16.5 Confidentiality The parties are obligated not to disclose to third parties any information and documents of the other party that become available to it in connection with the performance of this Agreement or to make them otherwise available to third parties. Each party shall take the necessary precautions in its sphere of operation to ensure compliance with the above obligations. These obligations shall apply in this respect and until the above-mentioned information or documents are demonstrably generally known without the intervention of the party obliged to maintain secrecy.

16.6 Governing law and jurisdiction. This Contract is governed by the laws of England and Wales and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.

SHORT-TERM HIRE TERMS AND CONDITIONS

1. DEFINITIONS

a) "The Owner" is Linde MH UK Ltd or where the context so requires its successors, assigns or associated companies.

b) "The Hirer" is the hirer specified in the Schedule and includes its successors and personal representatives.

c) "The Equipment" is the equipment hired by the Owner to the Hirer details of which are set out in the Schedule together with all alterations, additions or improvements.

d) "Regulations" includes any Act of Parliament, Statutory instrument, Order, regulation, bye-law or other similar instrument whether national or local, including any amendment thereto or re-enactment or replacement thereof.

e) "The Handbook" is the Operating and Safe Working Handbook provided by the Owner with the equipment.

f) "A Working Week" is 40 hours in any period of five days.

g) "The Premises" are the premises specified in the Schedule where the equipment will be kept and used.

h) "Regular hours of business" of the Owner are 8 am to 5 pm Monday to Friday inclusive, or such times as the Owner may define from time to time.

i) Retail Prices Index" means the general index of retail prices (RPO2) for all items published by the Office for National Statistics or any substituted index, or index figures, published by such office or, if no such substituted index or index figures are published, such other index or index figures as the Owner considers appropriate

i) "Due date for payment" shall be 30 days from the date of invoice unless otherwise agreed in writing.

2. HIRE OF THE EQUIPMENT

a) The Owner shall hire the equipment to the Hirer subject to its availability when the Hirer s acceptance of this Agreement is received by the Owner and subject to the terms hereof.

b) The Hirer shall provide Bank Details and Trade References satisfactory to the Owner prior to the commencement of hire. Invoices are rendered monthly unless otherwise agreed and are payable on the due date for payment.

c) The cost of the delivery and collection of the equipment shall be borne by the Hirer and will be charged at the actual cost. Any cost shown on the face of the Agreement is approximate and relates only to the cost of delivery. Additional costs incurred by the Owner by reason of delays at the premises or wasted journeys to recover the equipment will also be charged to the Hirer.

d) The equipment is hired for a minimum period of one working week or such longer periods as may be agreed between the Owner and the Hirer at the weekly rate specified and pro-rata for any part of a working week. Where no fixed hire period is agreed, 24 hours notice of termination must be given by the Hirer. Without prejudice to the foregoing, the period of hire shall be deemed to have been extended for any period after the termination of the Agreement during which the equipment or any part thereof cannot be removed from the premises to the Owner s depot owing to an industrial dispute (including but not limited to strikes and lock-outs) or other factors affecting the Hirer or the premises and hire charges will be payable in respect of any such period.

e) If the Hirer shall fail to pay any amount due to the Owner hereunder on the due date for payment the Owner shall be entitled to charge the Hirer interest on the overdue amount at the rate of 4 per cent per month compounded at three monthly intervals.

f) Save as otherwise provided herein all sums due hereunder shall be payable on demand.

g) Hire charges will be payable during the whole period of hire of the equipment and no allowances will be given for periods when the equipment is not in use except in accordance with clause 10 (d) hereof.

h) All figures quoted in this Agreement are exclusive of VAT which must be added at the appropriate rate where necessary.

i) All quotations are based on prices and conditions obtaining at the date of quoting and should, in the opinion of the Owner, any change in the market conditions subsequently occur the Owner reserves the right to apply in writing to the Hirer for a variation in the hire rates. If such rights is exercised and no agreement is reached within seven days of such application both the Hirer and the Owner shall have the option to:

i) terminate the hire on 24 hours notice in writing if the equipment has commenced hire, or

ii) cancel the contract if the equipment has not been delivered or the hire otherwise commenced.

j) If the Equipment has been hired to the Hirer for a period of 12 months or more, the Owner shall have the right, but not the obligation to apply an increase to the Rentals on or after 1st January of each year and annually thereafter. The rate of increase will be the percentage increase in the Retail Prices Index over the preceding twelve-month period. The Owner will give written notice of the new rental to the Hirer and the start date. Continued use of the Equipment by the Hirer after notification shall be subject to the new rental rates and acceptance of such new rental by the Hirer.

3. LICENCES AND ADDITIONAL COSTS

a) The Hirer shall be responsible for all fees, duties, assessments, levies, charges, rates, taxes (including value added tax) and other impositions which may from time to time be payable in respect of the equipment or this Agreement or the rent of the premises payable hereunder or which may be imposed on the hiring, possession or use of the equipment of any item comprised therein (excluding value added tax) payable on the purchase of the use of the equipment or any item comprised therein (excluding value added tax payable on the purchase of the equipment by the Owner as owner or assessed on or by reference to the profits of the Owner)

b) The Hirer shall obtain all necessary licences, permits and permissions for the use of the equipment and shall not use the equipment or permit the same to be used contrary to law or to any bye-law or regulation for the time being in force.

4. TITLE AND POSSESSIONS

a) The equipment shall be and at all times remain the sole and exclusive property of the Owner and the Hirer shall in no circumstances acquire any right, title or interest therein.

b) The Hirer will not sell, let, charge, assign, pledge or otherwise deal with the equipment and will at its own expense protect and defend the Owners title to the equipment against all persons claiming through or against the Hirer and shall at all times keep the equipment on the premises and in its actual possession or control and free from any legal process or encumbrance whatsoever whether legal or equitable, including but not limited to any lien, distress or execution and shall give immediate written notice to the Owner of any such legal process or encumbrance as aforesaid and shall indemnify the Owner from any loss, occasioned thereby or resulting therefrom.

c) The Owner may affix to the equipment such plates or other marks indicating that the equipment is the property of the Owner as the Owner thinks fit and the Hirer shall not remove, obliterate, deface or in any way cover up such plates or marks not allow any person so to do.

d) The Owner covenants with the Hirer that so long as the Hirer is not at breach of this agreement the Hirer shall enjoy quiet possession of the equipment during the term of the hire and subject to the term of the hire and subject to the terms of this Agreement.

5. ACCESS TO THE EQUIPMENT

The Owner or its agents shall have the right at all reasonable times during normal business hours to enter into and upon any premises in which the equipment is used or stored for the purposes of fulfilling its obligations and exercising its rights under this Agreement and shall be granted reasonable facilities by the Hirer therefore.

6. INSURANCE

a) The Hirer shall at all times from delivery of the equipment to the site until it is collected by the Owner at the Hirer s expense fully insure with insurers approved by the Owner:

i) The equipment at the value set out in the Schedule plus value added tax against loss, damage or destruction however arising;

ii) In respect of the Hirer s liability (or responsible and indemnity) to the Owner under clause 8(c), (d) and (e).

b) The Hirer shall effect the insurance described in sub-clause (a) of this clause in the joint names of the Owner and the Hirer to the intent that any insurance monies payable under sub clause (a), (I) and (ii) shall be applied firstly in discharging the Hirers liability to the Owner under this agreement and secondly in reimbursing the Hirer for any loss it has suffered.

c) The Hirer shall when required so to do by the Owner produce to the Owner the policy of such insurance together with the receipt of the then current renewal premium.

d) For the avoidance of doubt, if the equipment is lost, stolen or is damaged as to render it a total loss, then the Hirer will continue to pay the agreed rental rate until the owner receives full compensation from the Hirer or the Hirers insurer.

7. OBLIGATIONS OF THE HIRER

a) The Owner is not aware of the conditions in existence at the Hirer s site and unless otherwise agreed in writing the Hirer shall be responsible unloading and loading and for the unobstructed access for unloading and reloading the plant at the premises notwithstanding that the transporter driver or equipment operator may not be in the employment of the Hirer. Such personnel shall for all purposes in connection with their employment in the loading and /or unloading be regarded as the servants or agents of the Hirer (but without prejudice to any of the provisions of Clause 13) who alone shall be responsible for all claims arising in connection with unloading and or loading of the plant by, or with the assistance of, such personnel.)The Hirer shall ensure that the conditions at the premises are at all times suitable for the safe delivery and operation of the equipment.

b)The plant shall not be moved from the site to which it was delivered or consigned without the written permission of the Owner.

c) The Hirer shall undertake daily routine maintenance in accordance with the Handbook and shall provide fuel, oil and grease and shall carry out a daily check to ensure that the correct engine, hydraulic and cooling system levels are maintained, and shall take steps to ensure the protection of the equipment from damage by frost, including the use of a suitable anti-freeze mixture in the proportion specified by the makes of the equipment and shall undertake regular cleaning, mending of punctures, the maintenance of the correct tyre pressures and the tightening of wheelnuts at the commencement of each shift. Without prejudice to the generality of the foregoing the Hirer shall cause the following steps to be taken to maintain any traction battery forming part of the equipment:

i) Battery must be properly charged, must at no time be operated in a discharged condition and must be allowed to cool for at least half an hour after charge and before use:

ii) Battery must be checked daily to ensure the correct level of distilled water is maintained:

iii) No electric truck battery shall be charged and discharged more than once in 24 hours:

iv) Strict observance of the charging instructions on the battery charger provided is essential and when applicable an equalising charge must be carried out every four weeks:

v) An equalising charge is recommended monthly after normal charging. The charger must be switched off manually after four (4) hours as the automatic timing device only operates in the "normal" position on the charging apparatus and otherwise damage to the battery may be caused.

d) Any charger supplied with the equipment shall be installed in accordance with the Handbook and/or the instructions on the charger.

e) If the equipment requires repair or replacement the Hirer shall notify the Owner immediately and shall not use the faulty equipment until repaired. Other than in the circumstances specified in Clause 10(d) hereof, the Hirer shall be responsible for any costs resulting therefrom and all such costs payable by that Hirer shall be due forthwith on demand.

f) Save as aforesaid the Hirer shall not repair or attempt to repair the equipment or make replacement or alterations unless specifically authorised in writing by the Owner but any replacements made by the Hirer shall forthwith become part of the equipment and the property of the Owner.

g) Except as otherwise specified in the Schedule the Hirer shall not operate the equipment in excess of the working week.

h) The Hirer shall not use or cause or permit any person to use the equipment on any public road without having first obtained Owners written consent and provide the Owner with evidence of any statutory licensing and other requested relevant control documentation and where such consent is given the Hirer shall ensure that the driver holds a current British driving license applicable to the equipment and shall insure the equipment for road use.

i) When a driver or operator or any person is supplied by the Owner with the plant, the Owner shall supply a person competent in operating the plant for such purpose for which the person is supplied and such person shall be under the direction and control of the Hirer. Such drivers or operators or persons shall for all purposes in connection with their employment in the working of the plant be regarded as the servants or agents of the Hirer who also shall be responsible for all claims arising in connection with the operation of the plant by the said driver/operators/persons. The Hirer shall not allow any other person to operate such plant without the Owner s previous consent to be confirmed in writing.

8. WAGES AND OTHER CHARGABLE ITEMS RELATING TO DRIVERS AND OPERATORS OF PLANT

a) All chargeable items shall be paid by the Hirer at the rates contracted save that any subsequent increases before and/or during the hire period arising from awards under any wage agreements and/or from increases in the employers statutory contribution shall be charged as additions at cost by the Owner and shall be admitted and paid by the Hirer.

b) Traveling time and Fares for drivers, operators and any person supplied by the Owner, similar expenses incurred at the beginning and end of the hire period and where appropriate return fare of the driver, operator and any person supplied by the Owner to his home will be chargeable at cost. No charge shall be made by the Owner for any such expenses incurred by any other employees of the Owner for the purpose of servicing, repair or maintenance of plant, unless necessitated by the Hirer s negligence, misdirection or misuse of the plant.

9. LOSS OR DAMAGE

a) The Hirer undertakes that it will use the equipment for purposes and places for which it is suitable and for his own business and in a skilful, safe and workmanlike manner and in accordance with all regulations relating thereto and will comply and will procure that its employees and all other persons working with, on or near, or using the equipment comply in full with the instructions and recommendations made in the relevant Handbook which is provided by the manufacturers of the equipment or if no Handbook is provided with all instructions, whether written or verbal given by the Owner or manufacturer in connection with the use or operation of the equipment and in particular that only a trained and experienced driver (not being less than 18 years of age) shall operate the equipment.

b) The Hirer accepts full liability for loss or damage to or destruction of the equipment suffered from the time it is delivered to the Hirer until it is collected by the Owner from whatever cause the same may arise (fair wear and tear accepted) and is fully responsible for the safekeeping of the equipment and its return in good condition and repair to the Owner (fair wear and tear excepted) at the end of the period of hire.

c) The Hirer accepts all liability and responsibility in respect of, and shall fully and completely indemnify the Owner against all third party claims and losses howsoever arising in respect of damage to or loss or destruction of any property or in respect of the personal injury or death of any person in any way caused by or relating to the equipment or its use (including but not limited to the payment of all damages, costs and charges in connection therewith) except in so far as any such damage, loss, destruction, injury or death directly results from the neglect or default of the Owner its employees or agents.

d) The Owner is not aware of the circumstances prevailing at all their Hirer s premises not of the scale of the consequential loss or damage which could be suffered by the Hirer in connection with the equipment or its use. As a result the Owner hereby excludes any liability to the Hirer in respect of any damage to or loss or destruction of the property of the Hirer or its employees or contractors or other persons in any way caused by or relating to the equipment or its use against which loss or damage the Hirer should take out all necessary insurance.

e) The Hirer shall notify the Owner immediately in the event of any accident, loss or damage arising and in any way caused by or relating to the equipment and its use however caused.

f) In the event of the equipment being used in areas where the general public have access, the Hirer shall indemnify the Owner against all loss, damage, death or personal injury to any person not employed by the Hirer against all costs, claims, proceedings, charges and expenses for which the Owner may become liable in respect of the products hired to the Hirer.

10. OWNERS OBLIGATIONS

a) The Owner shall use all reasonable endeavors to deliver the equipment to the premises on or before the commencement of the hire (provided that the Owner shall incur no liability to the Hirer for any loss of damage caused by delay in delivery or non-delivery of the equipment where this was caused by circumstances beyond the control of the Owner) and shall ensure that at commencement of the hire the equipment shall be of sound construction, maintenance, testing and inspection applicable to the equipment have been complied with and unless the Hirer notifies the Owner to the contrary within 48 hours after delivery to the site, the equipment shall be deemed to have been delivered in good working order.

b) Except where the Owner has given information to the Hirer in writing relating to the equipment and in particular concerning its suitability for any particular purpose or for work in any particular place: the Hirer confirms to the Owner that no such representations were made to it concerning the equipment and that in entering this Agreement the Hirer relies upon no such representations and has satisfied itself independently on all such matters. No conditions or warranties other than herein specially set forth shall be implied or deemed to be incorporated in or to form part of this Agreement.

c) The Owner shall be responsible throughout the term of this Agreement and shall undertake such repairs as soon as reasonably possible during the Owners regular hours of business after having received notice of any defects provided that the Owner shall incur no liability to the Hirer for any loss or damage caused by any delay in undertaking repairs where such delay is caused by circumstances beyond the control of the Owner. The Owner shall further inspect, test, adjust and replace the equipment from time to time as it shall in its sole discretion think necessary.

d) If the equipment has been notified to the Owner as being defective under sub-clause (a) of this clause or if work requires to be done to the equipment which in the reasonable opinion of the Owner is due to fair wear and tear the Owner shall complete such work at its own expense (including the provision of one set of tyres a year only if necessary).

e) Where any construction, maintenance, testing, inspection or repair work is necessary carried out by the Owner or carried out at the Hirers specific request outside the Owner s regular hours of business the Owner shall charge for such work at its overtime rate in force at the relevant time.

11. TERMINATION

a) Without prejudice to the other provisions of this Agreement should the Hirer;

i) withhold payment of the hire charges or any other sums due under this Agreement for thirty days; or

ii) fail to observe and perform any of the other terms and conditions of this Agreement; or

iii) do or cause to be done or permit or suffer anything, whereby the Owners rights in the equipment are prejudiced or put into jeopardy then and in any such case the Owner may determine the hiring.

b) Without prejudice to the other provisions of this Agreement should the Hirer;

i) abandon the equipment or any part thereof; or

ii) permit any act of bankruptcy or have a receiver appointed or make any composition or arrangement with its creditors or being a Company go into voluntary liquidation whether compulsory or voluntary (except for reconstruction or amalgamation without insolvency); or

iii) suffer any execution or distress upon its property then the hiring shall automatically and without notice determine and the Hirer shall cease to be in possession of the equipment without the consent of the Owner and no payment subsequently accepted by the Owner without knowledge of such automatic termination shall in any way affect or prejudice the operation of this clause.

c) On termination of this Agreement from any cause;

i) the Owner or its agents may without notice retake possession of the equipment and may for that purpose enter upon any land or buildings on or which the equipment is or is believed by the Owner or its agents to be situated; and

ii) notwithstanding the termination of this Agreement the Hirer shall be liable to the Owner for any sums due from the Hirer to the Owner under this Agreement at the date of such termination whether by way of unpaid rent or arising from any breach of the obligations of the Hirer under this Agreement prior to that date or otherwise. The Hirer shall further be responsible for rental at the contract rate for all periods after the termination of the Agreement during which the equipment is unavailable for hire as a result of damage caused during the period of the Agreement (fair wear and tear excepted).

12. REMEDIES

a) All rights, powers or remedies herein conferred upon or reserved to the Owner may be exercised by the Owner without prejudice to any other right, power or remedy and no neglect, delay or indulgence on the part of the Owner in enforcing the terms and conditions of this Agreement shall prejudice its strict rights hereunder or be construed as a waiver thereof.

b) Without prejudice to any other rights of the Owner hereunder the Owner shall be entitled to recover from the Hirer all costs, charges and expenses however incurred by the Owner in remedying any failure of the Hirer to observe with terms and conditions of this Agreement or in ascertaining the whereabouts of taking possession of, preserving, insuring and storing the equipment or in enforcing the provisions of this Agreement.

c) The Hirer, hereby agrees that any claim by the Hirer against the Owner under the Agreement or otherwise shall be the subject of a separate claim or action against the Owner and accordingly the Hirer waives all rights of setoff in respect of any instalment of rent or other payment due hereunder and agrees to pay the rents and other payments due hereunder regardless of any equity, cross claim or set-off on the part of the Hirer against the Owner on any account whatsoever and further hereby renounces any lien which it may have over the equipment.

13. RETURN OF THE EQUIPMENT

On the termination of this Agreement for whatever reason the Owner shall collect the equipment but in the event that the Owner does not collect the equipment immediately at the end of the hiring the Hirer shall continue to be solely responsible for ensuring the safe and proper housing, storage, supervision and custody of the equipment pending its return to the Owner.

14. NOTICES

Any notice or instructions given by the Owner under this Agreement must be given in writing. Any notice given orally will be accepted by the owner on the basis that it will be confirmed in writing not less than 48 hours thereafter and the Owner will not be liable for the consequences of any inaccuracy or misunderstanding from any such oral notification.

15. GENERAL

a) The terms and conditions of this Agreement comprise the entire agreement between the parties and supersede any previous arrangements and agreements relating to the equipment. No variation of this agreement shall have effect unless agreed in writing by the parties.

b) The liability of the Hirer (if more than one) under the Agreement shall be joint and several.

c) Headings to the clauses contained in this Agreement are for ease of reference only and do not affect its construction or limit its scope.