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HSS Hire Service Group Conditions of Hire and Sale

1. General

  1. Definitions
    The Contract is for the hire of items and accessories ("Equipment") and the sale of 'resale' goods ("Goods") detailed in the Contract, and the parties to the Contract are:
    1. the person, firm, company or other organisation hiring the Equipment and/or purchasing the Goods ("Hirer").
    2. HSS Service Group Limited (Registered No. 644490) with registered offices at 25 Willow Lane, Mitcham, Surrey CR4 4TS ("HSS").
    Any condition deemed invalid will not affect other conditions. Nothing in the Contract is intended to limit a consumer's existing legal rights.
  2. Extent of Contract and Cancellation
    The Contract is not assignable and is effective when HSS accepts the Hirer's detailed order. HSS 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 before the last day of the three month period.
  3. Termination
    HSS may terminate the Contract and repossess Equipment without affecting 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.
  4. Ownership of Equipment and Goods
    Equipment hired remains the property of HSS at all times. Ownership of Goods purchased transfers only when full payment is received by HSS.
  5. HSS One Call Conditions
    When HSS 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.

2. Hire Charges

  1. Basis of charging
    The stated hire charges in the Contract 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 HSS catalogue price list from time to time.
  2. 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.
  3. Deposits
    Deposits are set by HSS 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 HSS of Equipment in good condition. Balances of deposits paid by cheque will be refunded by cheque or BACS transmission within 7 business days.
  4. 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.
  5. Loss of Equipment
    HSS 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.

3. Payment

  1. Payment Terms
    If HSS has granted a credit account 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 the invoice. Where a credit account has not been granted then payment of any charges or any other sums due under the Contract shall be made with the Hirer'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 HSS has received cleared funds or cash.
  2. Invoice Queries
    The Hirer should notify HSS of any queries concerning invoices in writing within 14 days of the invoice date. HSS will not grant an extension to credit account payment terms for unresolved invoice queries that have been notified after 14 days have elapsed from the invoice date.
  3. 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 HSS in the recovery of amounts due, Equipment and/or Goods. In addition HSS may charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1988 at Bank of England base rate plus 4% and/or may suspend further services to the Hirer.
  4. Credit Limits
    Where HSS has granted a credit account to the Hirer, HSS may set a reasonable credit limit. HSS 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.

4. Damage Waiver Option

  1. Damage Waiver
    The 'Damage Waiver' charge, at 10% of the hire charge, (where available as an option) will be added to the contract unless the Hirer specifically requests otherwise. Under 'Damage Waiver' HSS will waive any further charge for rectifying accidentally damaged returned Equipment. If the Hirer does not take 'Damage Waiver' then condition 2(d) will be enforced. 'Damage Waiver' is not an insurance for Equipment loss or theft. 'Damage Waiver' may be limited under HSS One Call Contracts and 'Damage Waiver' may be invalidated where condition 5(g) is not adhered to.
  2. Damage Waiver Plus
    If the Hirer contracts to pay, at 15% of the hire charge, the 'Damage Waiver Plus' charge (where available as an option) HSS will waive any further charges for rectifying accidentally damaged returned Equipment. 'Damage Waiver Plus' may be invalidated where condition 5(g) is not adhered to. HSS will also waive any penalty charges for Equipment loss subject to the following conditions:
    1. The Hirer must be able to demonstrate that reasonable care has been taken to prevent loss.
    2. Theft of Equipment must be reported to the Police and a crime reference number obtained.
    3. The Hirer must notify HSS within 48 hours of the theft and obtain an HSS Theft report Form. The completed form must be returned to:
      Claims Department, Circle House, Lostock Road, Davyhulme, Manchester M41 0HS.
      Tel: 0161 749 4400 Fax: 0161 749 4421.
    4. The maximum value of loss penalty charges waived for any single hire contract will be £5000.
    5. Exclusions - Loss penalty charges will not be waived under the following circumstances:
      1. Theft of consumable 'resale' Goods.
      2. Loss due to the dishonesty of any Hirer's employee.
      3. Theft from a vehicle where the Equipment was left visible and unattended.
      4. Loss of Equipment revealed only when an inventory is made.
      5. Loss arising from civil disturbance.
      6. Loss occurring outside the UK and Eire.
    6. Limit of Claim - 'Damage Waiver Plus' does not protect the Hirer for:
      1. The first £50 (or 20% whichever is the greater amount) of any Equipment loss claim.
      2. 50% of any claim for theft of Equipment left unattended overnight outside a secure compound or building or stored overnight in a secured vehicle.

5. Hirer's Responsibilities

  1. 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 HSS immediately by telephone.
  2. Delivery/collection of Equipment and Goods
    The Hirer will provide adequate delivery and collection access. Equipment transported in the Hirer's own vehicle is at the Hirer's risk.
  3. Security of Equipment
    The Hirer accepts responsibility for Equipment security until its collection by or return to HSS and undertakes not to sell or relinquish possession, alter, repair or modify it in any way.
  4. Safe use of Equipment and breakdown procedure
    The Hirer is responsible for the safe and correct operation of Equipment (conforming to relevant legislation and the HSS operating and safety instructions supplied) 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 HSS of any Equipment breakdown or shortcoming without attempt at repair. The Hirer will ensure any non-HSS Equipment used in conjunction with or attached to Equipment also conforms to safety requirements.
  5. Return or collection of Equipment
    The Hirer may arrange for the return or collection of Equipment with any HSS outlet during normal business hours and when Equipment has been returned or collected HSS will issue a return note. The Hirer will remain liable for ongoing hire charges until such return note has been issued. When the Hirer requests collection of Equipment HSS will issue a 'collection reference number' in acknowledgement, the Hirer remaining responsible for the Equipment, and in particular its security, until actual collection.
  6. Lost or stolen Equipment
    Except where the Hirer opts for 'Damage Waiver Plus' (where available as an option) under condition 4(b) 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 HSS any insurance claim proceeds. This liability is without prejudice to any HSS rights under the Contract. Replacement equipment purchased with insurance claim proceeds is the property of HSS.

6. HSS' Responsibilities

  1. Hire rates
    HSS will maintain the agreed hire rates for the duration of the Contract.
  2. Safety and operating instructions
    HSS will provide appropriate written and/or practical instruction in the safe and correct operation of Equipment.
  3. Testing and inspection of Equipment
    HSS 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 HSS will substitute items of similar specification.
  4. Delivery and collection
    Following the Hirer’s request, HSS will endeavour to deliver or collect Equipment during the next business day, wherever possible.
  5. Returned Goods
    HSS will arrange an appropriate credit where the Hirer returns in unused condition Goods sold for use with Equipment.
  6. Limitation of liability
    The liability of HSS 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 HSS will be liable for negligence or error in the performance of its obligations under the Contract.

HSS Hire Service Group Conditions of Hire and Sale - EIRE

1. General

  1. Definitions
    The Contract is for the hire of items and accessories ("Equipment") and the sale of 'resale' goods ("Goods") detailed in the Contract, and the parties to the Contract are:
    1. the person, firm, company or other organisation hiring the Equipment and/or purchasing the Goods ("Hirer").
    2. HSS Service Group Limited (Registered No. 644490) with registered offices at 25 Willow Lane, Mitcham, Surrey CR4 4TS ("HSS").
    3. Registered in Republic of Ireland as Branch No. E.3494.
    Any condition deemed invalid will not affect other conditions. Nothing in the Contract is intended to limit a consumer's existing legal rights.
  2. Extent of Contract and Cancellation
    The Contract is not assignable and is effective when HSS accepts the Hirer's detailed order. HSS 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 before the last day of the three month period.
  3. Termination
    HSS may terminate the Contract and repossess Equipment without affecting 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.
  4. Ownership of Equipment and Goods
    Equipment hired remains the property of HSS at all times. Ownership of Goods purchased transfers only when full payment is received by HSS.
  5. HSS One Call Conditions
    When HSS 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.

2. Hire Charges

  1. Basis of charging
    The stated hire charges in the Contract 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 HSS catalogue price list from time to time.
  2. 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.
  3. Deposits
    Deposits are set by HSS 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 HSS of Equipment in good condition. Balances of deposits paid by cheque will be refunded by cheque or BACS transmission within 7 business days.
  4. 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.
  5. Loss of Equipment
    HSS 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.

3. Payment

  1. Payment Terms
    If HSS has granted a credit account 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 the invoice. Where a credit account has not been granted then payment of any charges or any other sums due under the Contract shall be made with the Hirer'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 HSS has received cleared funds or cash.
  2. Invoice Queries
    The Hirer should notify HSS of any queries concerning invoices in writing within 14 days of the invoice date. HSS will not grant an extension to credit account payment terms for unresolved invoice queries that have been notified after 14 days have elapsed from the invoice date.
  3. 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 HSS in the recovery of amounts due, Equipment and/or Goods. In addition HSS may charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1988 at Bank of England base rate plus 4% and/or may suspend further services to the Hirer.
  4. Credit Limits
    Where HSS has granted a credit account to the Hirer, HSS may set a reasonable credit limit. HSS 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.

4. Damage Waiver Option

  1. Damage Waiver
    The 'Damage Waiver' charge, at 10% of the hire charge, (where available as an option) will be added to the contract unless the Hirer specifically requests otherwise. Under 'Damage Waiver' HSS will waive any further charge for rectifying accidentally damaged returned Equipment. If the Hirer does not take 'Damage Waiver' then condition 2(d) will be enforced. 'Damage Waiver' is not an insurance for Equipment loss or theft. 'Damage Waiver' may be limited under HSS One Call Contracts and 'Damage Waiver' may be invalidated where condition 5(g) is not adhered to.
  2. Damage Waiver Plus
    If the Hirer contracts to pay, at 15% of the hire charge, the 'Damage Waiver Plus' charge (where available as an option) HSS will waive any further charges for rectifying accidentally damaged returned Equipment. 'Damage Waiver Plus' may be invalidated where condition 5(g) is not adhered to. HSS will also waive any penalty charges for Equipment loss subject to the following conditions:
    1. The Hirer must be able to demonstrate that reasonable care has been taken to prevent loss.
    2. Theft of Equipment must be reported to the Police and a crime reference number obtained.
    3. The Hirer must notify HSS within 48 hours of the theft and obtain an HSS Theft report Form. The completed form must be returned to:
      Claims Department, Circle House, Lostock Road, Davyhulme, Manchester M41 0HS.
      Tel: 0161 749 4400 Fax: 0161 749 4421.
    4. The maximum value of loss penalty charges waived for any single hire contract will be £7500.
    5. Exclusions - Loss penalty charges will not be waived under the following circumstances:
      1. Theft of consumable 'resale' Goods.
      2. Loss due to the dishonesty of any Hirer's employee.
      3. Theft from a vehicle where the Equipment was left visible and unattended.
      4. Loss of Equipment revealed only when an inventory is made.
      5. Loss arising from civil disturbance.
      6. Loss occurring outside the UK and Eire.
    6. Limit of Claim - 'Damage Waiver Plus' does not protect the Hirer for:
      1. The first £75 (or 20% whichever is the greater amount) of any Equipment loss claim.
      2. 50% of any claim for theft of Equipment left unattended overnight outside a secure compound or building or stored overnight in a secured vehicle.

5. Hirer's Responsibilities

  1. 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 HSS immediately by telephone.
  2. Delivery/collection of Equipment and Goods
    The Hirer will provide adequate delivery and collection access. Equipment transported in the Hirer's own vehicle is at the Hirer's risk.
  3. Security of Equipment
    The Hirer accepts responsibility for Equipment security until its collection by or return to HSS and undertakes not to sell or relinquish possession, alter, repair or modify it in any way.
  4. Safe use of Equipment and breakdown procedure
    The Hirer is responsible for the safe and correct operation of Equipment (conforming to relevant legislation and the HSS operating and safety instructions supplied) 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 HSS of any Equipment breakdown or shortcoming without attempt at repair. The Hirer will ensure any non-HSS Equipment used in conjunction with or attached to Equipment also conforms to safety requirements.
  5. Return or collection of Equipment
    The Hirer may arrange for the return or collection of Equipment with any HSS outlet during normal business hours and when Equipment has been returned or collected HSS will issue a return note. The Hirer will remain liable for ongoing hire charges until such return note has been issued. When the Hirer requests collection of Equipment HSS will issue a 'collection reference number' in acknowledgement, the Hirer remaining responsible for the Equipment, and in particular its security, until actual collection.
  6. Lost or stolen Equipment
    Except where the Hirer opts for 'Damage Waiver Plus' (where available as an option) under condition 4(b) 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 HSS any insurance claim proceeds. This liability is without prejudice to any HSS rights under the Contract. Replacement equipment purchased with insurance claim proceeds is the property of HSS.

6. HSS' Responsibilities

  1. Hire rates
    HSS will maintain the agreed hire rates for the duration of the Contract.
  2. Safety and operating instructions
    HSS will provide appropriate written and/or practical instruction in the safe and correct operation of Equipment.
  3. Testing and inspection of Equipment
    HSS 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 HSS will substitute items of similar specification.
  4. Delivery and collection
    Following the Hirer’s request, HSS will endeavour to deliver or collect Equipment during the next business day, wherever possible.
  5. Returned Goods
    HSS will arrange an appropriate credit where the Hirer returns in unused condition Goods sold for use with Equipment.
  6. Limitation of liability
    The liability of HSS 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 HSS will be liable for negligence or error in the performance of its obligations under the Contract.

Copyright © 2008 HSS Hire Service Group Limited. All rights reserved