Terms & Conditions

1.1 In these conditions the following words have the following meanings:
“contract” means a contract which incorporates these conditions and made between the customer and the supplier for the hire of hire goods and/or the sale of products;
“customer” means the person, firm, company or other organisation hiring hire goods;
“deposit” means any advance payment required by the supplier in relation to the hire goods which is to be writing by the Held as security by the supplier; supplier.
“force majeure” means any event outside a party’s reasonable control including but not limited to acts God, war, flood, fire, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious wear and Damage, explosion, terrorism, governmental actions and any other similar events;
“hire goods” means any machine, article, tool, and/or device together with any accessories specified in a contract which are hired to the customer; “hire period” means the period commencing when the customer holds the hire goods on hire (including stolen and/Saturdays Sunday’s and bank holidays) and ending upon the happening of any of the following events:
(i) The physical return of the hire goods by the customer into the supplier’s possession; or (ii) the physical repossession or collection of hire goods by the supplier;
“liability” means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
“products” means the products sold to the customer by the supplier;
“rental” means the supplier’s charging rate for the hire of the hire goods which is current from time to time during the hire period; “supplier” means Caspian Group Limited and will include its employees, servants, agents and/or duly Authorised representatives;
“services” means the services and/or work (if any) to be performed by the supplier for the customer in conjunction with the hire of hire goods including any delivery and/or collection service for the hire goods.

2.1 Hire goods are hired subject to them being available for hire to the customer at the time required by the Customer. The supplier will not be liable for any loss suffered by the customer as a result of the hire Goods being unavailable for hire where the hire goods are unavailable due to circumstances beyond the Supplier’s control.

2.2 Where hire of the hire goods is to a customer who is an individual and the hire would be covered by the Consumer credit act 1974 the duration of the hire period shall not exceed 3 months, after which time the Contract shall be deemed to have automatically terminated. Accordingly the hire of any hire goods is no Covered by the consumer credit act 1974.

2.3  Nothing in this contract shall exclude or limit any statutory rights of the customer which may not be excluded Or limited due to the customer acting as a consumer. Where the customer is acting as a consumer any Provision which is marked with an asterisk (*) may, subject to determination by the courts, have no force or Effect. For further information about your statutory rights contact your local authority trading standards Department or citizens advice bureau or if based in the republic of Ireland your local office of the director of Consumer affairs or citizens information centre.

11.1 *all warranties, representations, terms, conditions and duties implied by law relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by law.

11.2 *if the supplier is found to be liable in respect of any loss or damage to the customer’s property the extent of the supplier’s liability will be limited to the retail cost of replacement of the damaged property.

11.3  any defective hire goods must be returned to the supplier for inspection if requested by the supplier before the supplier will have any liability for defective hire goods.

11.4 *the supplier shall have no liability to the customer if, without just cause, any monies due in respect of the hire goods and/or the services have not been paid in full by the due date for payment.

11.5  the supplier shall have no liability for additional damage, loss, liability, claims, costs or expenses caused or contributed to by the customer’s continued use of defective hire goods and/or services after a defect has become apparent or suspected or should reasonably have become apparentto the customer.

11.6 the customer shall give the supplier a reasonable opportunity to remedy any matter for which the supplier is liable before the customer incurs any costs and/or expenses in remedying the matter itself. If the customer does not do so the supplier shall have no liability to the customer.

11.7  *the supplier shall have no liability to the customer to the extent that the customer is covered by any policy of insurance arranged as a result of the contract and the customer shall ensure that the customer’s insurers waive any and all rights of subrogation they may have against the supplier.

11.8 The supplier shall have no liability to the customer for any:-
11.8.1 *consequential losses (including loss of profits and/or damage to goodwill);
11.8.2 economic and/or other similar losses
11.8.3 special damages and indirect losses; and/or
11.8.4 business interruption, loss of business, contracts and/or opportunity.

11.9 *the supplier’s total liability to the customer under and/or arising in relation to any contract shall not exceed 5 times the amount of the rental and charges for services (if any) under that contract or the sum of £1,000/e1250 whichever is the higher. To the extentthat any liability of the supplier to the customer would be met by any insurance of the supplier then the liability of the supplier shall be extended to the extent that such liability is met by such insurance.

11.10 Each of the limitations and/or exclusions in this contract shall be deemed to be repeated and apply as a separate provision for each of:
11.10.1 liability for breach of contract;
11.10.2 *liability in tort/delict (including negligence); and 11.10.3
11.10.3 *liability for breach of statutory and/or common law duty; except clause 11.9 above which shall apply once only in respect of all the said types of liability.

11.11 Nothing in this contract shall exclude or limit the liability of the supplier for death or personal injury due to the supplier’s negligence nor exclude or limit any other type of liability which it is not permitted to exclude or limit as a matter of law.

12.1  upon termination of the contract the provisions of clauses 3.2, 3.4, 3.5, 8.1, 8.2, 8.3 and section 6 shall

12.2  each hire of an item of hire goods shall form a distinct contract which shall be separate to any other contract relating to other hire goods.

12.3 the customer shall be liable for the acts and/or omissions of its employees, agents, servants and/or subcontractors as though they were its own acts and/or omissions under this contract.

12.4  *the customer agrees to indemnify and keep indemnified the supplier against any and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity basis), actions and any other losses and/or liabilities suffered by the supplier and arising from or due to any breach of contract, any tortious/delictual act and/or omission and/or any breach of statutory duty by the customer.

12.5 *no waiver by the supplier of any breach of this contract shall be considered as a waiver of any subsequent that, where appropriate, the hire goods are properly installed by a qualified and competent person. The hire goods must be returned by the customer in good working order and condition (fair wear and tear excepted) and in a clean condition together with all insurance policies, licences, registration and other

breach of the same provision or any other provision. If any provision is held by any competent authority to be unenforceable in whole or in part the validity of the other provisions of this contract and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

12.6 The supplier shall have no liability to the customer for any delay and/or non performance of a contract to the extent that such delay is due to any force majeure If the supplier is affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.

12.7 All third party rights are excluded and no third parties shall have any rights to enforce the This shall not apply to any finance company with whom the supplier has an outstanding finance agreement relating to the hire goods. Such finance company shall, subject to the supplier’s consent, have the right to enforce this contract as if they were the supplier. This contract is governed by and interpreted in accordance with the law of the country where the supplier is located and that country will have exclusive jurisdiction in relation to this contract.

Copyright hire association europe ltd – 2005