TERMS AND CONDITIONS - EQUIPMENT HIRE
-
GENERAL
Definitions: The contract is for the hire of items and accessories (“Equipment”) and the sale of “Resale” goods (“Goods”) detailed overleaf, and the parties to the Contract are:
The Person, firm, company or other organisation hiring the Equipment and/or purchasing the goods (“Hirer”).
Scottish Location Services is a trading name of Location Services (Scotland) Ltd Registered No: 316874775 with registered office at Powhillock, 1 Hunter Street, Auchterarder, PH3 1PA (“THE COMPANY”).
Any condition deemed invalid will not affect other conditions. Nothing in the Contract is intended to limit a consumer’s existing legal rights.
Extent of Contract and Cancellation: The contract is not assignable and is effective when THE COMPANY accepts the Hirer’s detailed order. THE COMPANY reserves the right to charge for cancellation. Hires to individuals or partnerships of individuals (or other unincorporated body of individuals) shall not be for a period in excess of three months; the Hirer in these circumstances must return the Equipment without effecting any rights to recover monies due, damages for breach of contract or other remedies where the Hirer is in breach or is involved in insolvency or liquidation proceedings.
Ownership of Equipment and Goods: Equipment hired remains the property of THE COMPANY at all times. Ownership of Goods purchased transfers only when full payment is received by THE COMPANY.
THE COMPANY Cross Hire Conditions: When THE COMPANY acts as managing agent for the sourcing of Equipment specific conditions may apply. The Hirer will be advised prior to Contract commencement and those conditions will apply concurrently with these conditions.
-
HIRE CHARGES
Basis of charging: The stated hire charges overleaf are for the duration of the Contract and include Saturdays, Sundays and Public Holidays. The amount of any deposit or charges are detailed in the Contract and are based on the current Scottish Location Services catalogue price list from time to time.
Transport Charges: Delivery and collections including attempted calls are chargeable. If Equipment is not available or only partially available for collection then the Hirer will be charged for each journey.
Deposits: Deposits are set by THE COMPANY at amounts reasonably required and will be offset against any monies due. Where a Deposit is required for the Equipment it must be paid by the Hirer before the hire period. Deposit balances are refunded upon return to THE COMPANY of Equipment in good condition. Balances of deposits paid by cheque will be refunded by cheque or BACS transmission within 7 business days.
Credit Card Deposits: In the event that the actual charges for the hire supplied by THE COMPANY exceed the amount charged then this additional amount may be taken from the Credit Card.
Cleaning, re-sharpening and damage repair: The Hirer will pay for required cleaning or re-sharpening and, except where appropriate conditions in 4(a) or 4(b) apply, breakages and damage repair.
Loss of Equipment: THE COMPANY will treat Equipment unavailable for inspection after reasonable notice as lost and except where appropriate conditions in 4(b) apply the Hirer will pay a penalty charge for Equipment replacement and revenue loss. Hire charges accrue until full settlement is made.
-
PAYMENT
Payment Terms: If THE COMPANY has granted a credit amount to the Hirer then payment of any charges or any other sums due under the Contract, including VAT, shall be made in full cleared funds by the end of the month following the date of this invoice, Where a credit account has not been granted then payment of any charges or any other sums due under (the) (this) Contract shall be made with the Hire’s order for the Equipment or Goods. Payment by the Hirer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to have been made until THE COMPANY has received cleared funds or cash.
Invoice Queries: The Hirer should notify THE COMPANY of any queries concerning invoices in writing within 14 days have elapsed of the invoice date. Scottish Location Services will not grant an extension to credit amount payment for unresolved invoice queries that have been notified after 14 days have elapsed from the invoice date.
Overdue Accounts: Should any portion of an account fall overdue then the total account will become due on demand. The Hirer will be liable for reasonable legal charges incurred by Scottish Location Services in the recovery of the amounts due, Equipment and/or Goods. In addition Scottish Location Services may charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1988 at Bank of Scotland Base Rate Plus 4% and/or may suspend further services to the Hirer.
Credit Limits: Where THE COMPANY has granted a credit account to the Hirer, Scottish Location Services may set a reasonable credit limit. Scottish Location Services reserve the right to terminate or suspend the Contract if allowing it to continue would result in the Hirer exceeding his credit limit or the Hirer has already exceeded his credit limit.
-
HIRER’S RESPONSIBILITIES
Inspection and receipt of Equipment and Goods: The Hirer will sign to acknowledge receipt at delivery/handover. Shortages must be agreed and noted on the Contract/delivery document. Equipment defects should be reported to THE COMPANY immediately by telephone.
Delivery/collection of Equipment: The Hirer will provide adequate delivery and collection access. Equipment transported in the Hirer’s own vehicle is at the Hirer’s risk.
Security of Equipment: The Hirer accepts responsibility for the Equipment security until its collection by return to THE COMPANY and undertakes not to sell or relinquish possession, alter, repair or modify it in any way.
Safe use of Equipment and breakdown procedure: The Hirer is responsible for the safe and correct operation of Equipment by competent persons not under the influence of alcohol or drugs and for its constant supervision within the range of children. The Hirer will immediately notify THE COMPANY of any Equipment breakdown or shortcoming without attempt at repair. The Hirer will ensure any non-THE COMPANY Equipment used in conjunction with or attached to Equipment also conforms to safety requirements.
Lost or stolen Equipment: The Hirer agrees to insure Equipment on a full replacement basis against the risks of loss, theft and damage beyond economic repair and on demand to pay to THE COMPANY any insurance claim proceeds. The liability is without prejudice to any THE COMPANY rights under the Contract. Replacement Equipment purchased with insurance claim proceeds is the property of THE COMPANY.
Fuel and/or Electricity Supply for Equipment: Where Equipment requires fuel, oil and/or electricity, the Hirer must ensure that THE COMPANY or manufacturer’s recommended type and/or voltage is used and that, where appropriate, the Equipment is properly installed by a qualified person.
-
THE COMPANY’S RESPONSIBILITIES
Hire rates: THE COMPANY will maintain the agreed hire rates for the duration of the Contract.
Testing and inspection of Equipment: THE COMPANY will comprehensively test all electrical Equipment before commencement of hire. Equipment will be inspected and tested where appropriate in accordance with relevant statutory requirements and if Equipment needs to be recovered from the Hirer for such purposes THE COMPANY will substitute items of similar specification.
Delivery and Collection: Following the Hirer’s request, THE COMPANY will endeavour to deliver or collect Equipment during the same or next business day, wherever possible.
Limitation of liability:
The liability of THE COMPANY for claims made by the Hirer does not extend to any unforeseeable financial loss caused by late or non-delivery of Equipment and/or Goods, unsuitability, breakdown, stoppage or lawful repossession. Subject to the above THE COMPANY will be liable for negligence or error in the performance of its obligations under the Contract.
​
TERMS & CONDITIONS - MOTORHOME/GREENROOM HIRE
​
The Motorhome must be insured by the person demonstrating the vehicle for the duration of the hire and for the value of it to the Owner.
​
Location Services Scotland Ltd
Terms and Conditions – Hire Agreement
1. Definitions
(a) In these Conditions:-
“Vehicle” means any Motorhome, equipment or part of them which the Owner agrees to demonstrate to the Hirer in accordance with these conditions.
“Delivery” means when the Vehicle is uplifted by the Hirer from the Owner’s depot or delivered to the Hirer’s site or other delivery location agreed between the Subcontractor and the Hirer.
“Hire Charges” means the various charges detailed in Condition 12.
“Hirer” means the person, firm or company taking the Vehicle on demonstration, including their successors, representatives and agents.
“Owner” means the person, firm or company letting out the Vehicle on hire and includes their successors and assignees, in this case being Location Services Scotland Ltd.
“Period of Hire” means from the time of commencement until the time of expiry of the period of hire as defined by Condition 3.
2. General
(a) These Conditions shall be incorporated into and shall govern each contract (“the Contract”) for the hire of vehicle entered into between the Owner and the Hirer to the exclusion of any terms or conditions of the Hirer. No variation of any of these Conditions shall be effective unless in writing and signed by an authorised representative of the Owner. If the Hirer’s order attempts to exclude these Conditions, such exclusion shall be ineffective unless expressly agreed to in writing by an authorised representative of the Owner.
(b) Nothing in these Conditions shall exclude or limit any statutory rights of the Hirer which may not be excluded or limited due to the Hirer acting as a consumer. Any provision which would be void under any consumer protection legislation shall, to that extent, have no force or effect.
3. Period of Hire
(a) In these Conditions, unless the context otherwise requires, the time of commencement of the Period of Hire is:-
(i) in a case where the Vehicle is collected by the Hirer from the Owner’s depot or elsewhere, the time it is so collected;
(ii) in a case where the vehicle comes under the control or direction of the Hirer or his agent before arrival at the Hirer’s site, the time it becomes subject to such control or direction; or
(iii) in all other cases, the time the vehicle arrives at the Hirer’s site.
(b) In these Conditions, unless the context otherwise requires, the time of expiry of the Period of Hire is:-
(i) in a case where the vehicle is returned by the Hirer to the Owner’s depot or to such other destination as may be directed by the Owner, the time of its arrival there; or
(ii) in a case where the Vehicle comes under the control and direction of the Owner after leaving the Hirer’s site but before arriving at the Owner’s depot or such other destination as may be directed by the Owner, the time it becomes subject to the Owner’s control or direction.
4. Ownership and Risk
(a) The Motorhomes shall remain the property of the Owner at all times.
(b) Subject to these Conditions, risk in, and liability for loss or damage to, Vehicle supplied by the Owner to the Hirer shall pass to the Hirer at the time of commencement of the Period of Hire.
5. Notification of Defects, Safe Keeping of Vehicle
(a) Notification of Defects. The Hirer or his representative shall inspect the Vehicle on Delivery. The Vehicle shall be deemed to be in good order (save for latent defects and defects not reasonably ascertainable by inspection) and no claim for loss and damage shall be considered by the Owner unless the Hirer gives written notice to the Owner of an alleged defect within 2 hours of delivery.
(b) Safe Keeping of Vehicle. The Hirer or his representative shall until the time of expiry of the Period of Hire keep himself acquainted with the state, condition and use of the Vehicle, ensure its safekeeping, and use it in a workmanlike manner only and not for any purpose beyond its capacity nor in any way likely to result in undue deterioration.
(c) Vandalism. Without prejudice to (b) hereof, the Hirer will be responsible to the Owner for destruction of or damage to the Vehicle caused maliciously or mischievously by any party whilst it is in his care or under his control.
(d) On expiry of the hire the Hirer shall be responsible for returning the Vehicle to the Owner or allowing the Owner access to uplift it, whichever is agreed between the Owner and the Hirer, in the same condition as on Delivery.
6. Breakdown
(a) Except as otherwise provided in Condition 5(a), any breakdown or unsatisfactory working of Vehicle must be notified to the Owner within 24 hours of its discovery by the Hirer or his representative. In the event of a breakdown or unsatisfactory working of the Vehicle, not readily repairable, the Owner shall be entitled to supply a substitute vehicle of a similar type and condition.
If the Owner is not in a position to do so, the Contract shall be terminated as from the date of the breakdown.
(b) The breakdown or stoppage of any Vehicle shall not entitle the Hirer to claim any compensation or allowance for the loss of working time by any other Vehicle working in conjunction with it.
(c) Each Vehicle specified in the Contract is hired as a separate item unless expressly hired together with other unit(s) of Vehicle as a single composite item.
7. Allowances
(a) Provided notification has been made to the Owner in accordance with these Conditions, the Hirer will not be charged for any stoppages for normal working repairs or due to breakdown of the Vehicle caused by an inherent fault or fair wear and tear. The Hirer's only remedy for such stoppages shall be an allowance up to the amount of Hire Charges otherwise due.
(b) No allowance will be made for stoppages resulting from any other cause for which the Owner is not responsible (including bad weather and ground conditions).
Hire Fleet Terms and Conditions 3/4
8. Servicing and Inspection
The Hirer shall allow the Owner, his representatives or insurers access to the Vehicle(s) at all reasonable times for the purposes of inspecting, testing, adjusting, repairing or replacing it.
9. Hirer’s Responsibilities
(a) Except as otherwise provided in Conditions 5 & 6, the Hirer shall reimburse the Owner for all loss or damage to the Vehicle (fair wear and tear excepted) during the Period of Hire whether or not caused by fault on the part of the Hirer and shall indemnify the Owner in respect of all claims by third parties for any loss, injury or damage arising out of the storage, transit, transport, unloading, loading or use of the Vehicle and all associated costs and charges.
(b) During the Period of Demonstration the Hirer shall insure the Vehicle at the Hirer’s own expense against loss and damage from all risks (including third party risks) and indemnify the Owner against all loss or damage to the Vehicle not recoverable under the policy of insurance.
(c) In the instance that the motorhome is a write off or a loss and has been purchased through asset finance. If the remaining balance of the asset finance is greater than the motorhome’s worth, the Hirer will pay the outstanding amount of the asset finance. If the motorhome value exceeds the asset finance value, the Hirer will pay the market value of the motorhome to the Owner.
(d) During the Period of Hire the Hirer shall, in the event of loss of or damage to the Vehicle howsoever caused, be liable for the Hire Charges until the Hirer pays for the cost incurred by the Owner in respect of such loss and damage.
(e) If the Motorhome is involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to the Owner by telephone (Tim Maskell 07921220865) and confirmed in writing to the Owner (Powhillock, 1 Hunter Street, Auchterarder, PH3 1PA).
(f) The Hirer shall be responsible for the cost of the changing and repair of any tyre punctures and shall arrange for the tyre(s) to be repaired or replaced without awaiting the Owner’s consent. The Hirer shall ensure that all replacement tyres meets the manufacturer’s recommended specification and that all repairs are carried out to the highest standard of workmanship.
(g) The Hirer is responsible for all personnel using the Vehicle during the Period of Hire and will ensure they have a valid C1 licence and no endorsements.
10. Protection of Owner’s Rights
(a) The Hirer shall not sell, sub-let, hire, assign, grant security over, deal with or part with possession or control of the Vehicle, or attempt to do so without the Owner’s prior consent in writing.
(b) The Hirer shall not remove, deface or cover up the Owner’s name plate or mark on the Vehicle indicating that it is the Owner’s property.
(c) Except as provided for by Condition 9(e), the Hirer shall not repair or adjust the Vehicle or attempt to do so unless authorised by the Owner in writing.
12. Charges
(a) (1) Where the Vehicle is hired at a rate per Week the charge is based on a full week of Monday to Sunday unless otherwise stated.
(2) Where the Vehicle is hired on a basis of a rate per day the charge is based on a day maximum of 12. Hours unless otherwise stated.
(3) Where the Vehicle is hire at a rate per month the charge is based on a 4 week period inclusive of weekends unless otherwise stated.
(e) Other Costs
(i) Consumable items in the Vehicle, oil or grease supplied by the Owner, at the time of the Hire Period shall not be charged to the Hirer. It shall be the Hirer’s responsibility to replace the quantity of fuel at which the Vehicle is supplied with.
(ii) The Hirer shall pay the costs of transport of the Vehicle from the Owner’s depot or equivalent to the Hirer’s site or other delivery location and also return to the Owner’s depot or equivalent on expiry of the Period of Hire.
(iii) The Hirer shall be responsible for the cost or expense of recovering any Vehicle from use on unsuitable ground.
13. Determination of Responsibility for Hire Charges
(a) The Hire Charges shall run from the time of commencement of the Period of Hire until:-
(i) where the hire is for a fixed period, the expiry of that fixed period;
(ii) where the hire is not for a fixed period, or where the hire is continued after the expiry of the fixed period without any new period being determined, two days after either party shall have given to the other written notice to terminate the hire; or
(iii) in any event, the Hirer shall forthwith deliver the Vehicle to, or allow its uplift by, the Owner. Failure to do so will result in the Hirer being liable for the Hire Charges in respect of any period where there is delay in delivery or uplift which is not due to any act or omission of the Owner.
14. Termination
(a) If the Hirer:-
(i) fails to pay any Hire Charges or other sums payable under the Contract when they become due (whether demanded or not);
(ii) commits a breach of any other terms and conditions of the Contract; or
(iii) shall do or allow to be done any act or thing which in the opinion of the Owner may jeopardise the Owner’s rights in the Vehicle, then the Owner shall, without prejudice to any other right or remedy, have the right to automatically terminate the Contract without notice and without liability to the Hirer.
(b) If any of the following events occur:-
(i) the Hirer makes any voluntary arrangement with his creditors or (being an individual) shall die or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to administration or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction) or an encumbrancer takes possession, or a receiver is appointed over any of the property or assets of the Hirer;
(iii) the Hirer ceases or threatens to cease to carry on business;
(iii) the Hirer is unable to pay his debts as they fall due; or
(iv) any diligence, execution or other legal process shall be levied on or against the Vehicle or against any premises where it is situated; then in each and every case the Contract shall automatically terminate without notice and without the Owner having any liability to the Hirer.
(c) The Hirer shall upon termination of the Contract under Conditions 14(a) or 14(b) pay to the Owner:-
(i) all arrears of Hire Charges then due under the Contract and all other sums accrued, due and unpaid by the Hirer to the Owner at the date of termination, together with interest payable under Condition 20 and any other sums due under any other agreement between the Owner and the Hirer; and
(ii) the cost of all repairs to the Vehicle required as at the date of termination (other than those for which the Owner has assumed responsibility under Condition 6).
Hire Fleet Terms and Conditions 4/4
(d) Termination of the Contract pursuant to Conditions 14(a) or 14(b) shall not affect any rights of the Owner or liabilities of the Hirer subsisting as at the date of termination.
(e) On termination of the Contract or expiry of the Period of Hire, the Hirer shall no longer be in possession of the Vehicle with the Owner’s consent and shall (unless otherwise agreed with the Owner) forthwith return the Vehicle to the Owner at such address as the Owner may direct in good order and in good working condition and at the Hirer’s expense and risk. Without prejudice to any other rights or remedies of the Owner under the Contract, the Owner may at any time after such termination, without notice, retake possession of the Vehicle for which purpose it shall be
lawful for the Owner or his representatives to enter into or upon any premises or site where the Vehicle may be held, and the Hirer shall indemnify the Owner against all loss, damage, costs, or expenses so arising including in respect of third party claims.
15. Exclusion of Warranties
All warranties, conditions or other terms implied by statute or common law with regard to the Vehicle, except as expressly provided in these Conditions, are expressly excluded to the fullest extent permitted by law.
16. Limitation of Liability
(a) Except for liability for death or personal injury arising from the Owner’s negligence or fraudulent misrepresentation, the Owner’s obligation to repair or replace the Vehicle as provided in Condition 6 shall constitute the full extent of the Owner’s liability in respect of any loss or damage sustained by the Hirer;
(b) The Owner shall not be liable to the Hirer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise) costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
19. Consumer Credit Legislation
Where the Contract is one to which the Consumer Credit Act 1974 would otherwise apply it is an essential condition of the hire (unless the Owner and Hirer expressly agree in writing that the Contract shall subsist for a period of greater than 80 days) that it will terminate on the expiry of 80 days from its commencement and that there shall be no right or option on the part of the Hirer to require the Owner to extend the Contract or enter into a new contract of hire with the Owner. This clause is without prejudice to the provisions for termination contained in Condition 14.
20. Interest
All invoices are payable within 30 days of the invoice date. Time of payment shall be of the essence of these Conditions. In the event of late payment then, without prejudice to any other right or remedy, the Owner shall be entitled to charge interest at the rate of 3% per annum above the base rate of the Royal Bank of Scotland plc from time to time (both before and after any judgement) from the due date until settlement is received in full.
21. Government Regulation
During the Period of Hire the Hirer shall be responsible for complying with statutory provisions or regulations in
relation to the operation and use of the Vehicle.
22. Data Protection
Where the Hirer is a sole trader:-
(a) the Owner will take all reasonable precautions to keep the details of the Hirer's order and payment secure, but unless the Owner is negligent, the Owner shall not be liable for unauthorised access to information supplied by the Hirer; and
(b) the Owner will only use the information the Hirer provides about himself for the purpose of fulfilling the Owner's obligations under the Contract, unless the Hirer agrees otherwise. The Hirer may correct any information about himself or ask for information about himself to be deleted, by giving the Owner written notice in accordance with Condition 23(d).
23. Miscellaneous
(a) The Owner shall use all reasonable endeavours to discharge its obligations under these Conditions in a prompt and efficient manner but does not accept responsibility for any failure or delay caused by circumstances beyond its control.
(b) No waiver by the Owner of any breach of these Conditions by the Hirer shall be considered as a waiver of any subsequent breach.
(c) If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
(d) Any notice required or permitted under these Conditions shall be in writing and shall be served by personal delivery, fax or by pre-paid first class post addressed to the other party at its registered office, principal place of business or such other address as has been notified pursuant to this provision to the party giving the notice. Any such notice shall be deemed to have been received if delivered personally, at the time of delivery, if served by fax, at the time of transmission and in case of prepaid first class post, 48 hours from date of posting.
(e) The Owner may assign, transfer, charge or dispose of any of its rights, or sub-contract or otherwise delegate any of its obligations under the Contract.
(f) The Hirer may not assign, transfer, sub-contract or otherwise dispose of the benefit or burden of the Contract to a third party without the prior written consent of the Owner.
(g) A certificate signed for and on behalf of the Owner shall be sufficient to fix and ascertain the sums due by the Hirer to the Owner under the Contract and shall be conclusive of the amounts due.
(h) The Hirer consents to registration of the Contract and any certificate under Condition 23(g) for preservation and execution.
24. Dispute Resolution
(a) The Owner and Hirer shall comply forthwith with any decision of the adjudicator and where court action follows thereon, shall not defend such action and shall consent to decree and submit to enforcement in respect of any such decision, in each case without any defence, set-off, counterclaim, abatement or deduction.
(c) Where the Owner, Hirer or adjudicator wishes to register a decision of the adjudicator for execution in the Books of Council and Session, any other party shall, on being requested to do so, forthwith consent to such registration by subscribing the decision before a witness.
25. Governing Law
These Conditions shall be governed and construed in accordance with the Law of Scotland and the Hirer hereby submits to the non-exclusive jurisdiction of the Scottish Courts.
