Terms
Definitions
- The “Company” means Silver Street Hire Ltd (“SSL” or “we”)
- The “Hirer” means the person, persons or their representative(s) who hire the Equipment from SSL.
- The “Equipment” means mobile toilet unit(s), showers, other mobile or static unit(s) and any other items delivered and all fixtures and fittings.
- Quotations are the written offers by the company of the Equipment and any associated Services (including delivery) to the Hirer
- “Order” is the final written version of a Quotation as issued by SSL and accepted, without amendment, in writing or electronically by the Hirer
- “Site” is the area where the Equipment will be delivered and installed
Terms of hire
Orders are accepted and will be executed by SSL subject to these Terms which shall be binding unless amended in writing by a director of SSL
Quotations
Quotations are issued subject to Equipment availability which will be confirmed when the Equipment is ordered.
Quotations for Equipment and for any delivery charges assume there is appropriate access for the Equipment and any towing vehicles and that the site for the Equipment is level and solid.
Therefore the Hirer warrants that the Equipment and any towing vehicles will have adequate access and room to turn without overhead obstructions or other obstacles and hazards such as trees, hedges buried pipes and other concealed services etc, that may suffer damage caused in the delivery, use and removal of the Equipment.
If access or conditions at the site are not as agreed with SSL then SSL reserves the right to charge for any damage that may have occurred as a result to its vehicles or Equipment.
Hire Charges and Payment
Bookings are only accepted and confirmed on receipt of a 25% deposit (“the Deposit”)
The hire charge and delivery and collection charges for the Equipment will be as described in the Quotation.
The period of hire and maximum numbers utilising the Equipment will be as listed in the Quotation.
In the event of cancellation by the Hirer for any reason the Company has the right to make cancellation charges as follows (all timings relate to the date of the Event):
- More than 6 months before – no charge.
- Between 3-6 months - 50% of the Deposit
- Between 1-3 months - 100% of the Deposit
- Less than 1 month - up to 100% of the total Quoted Price at the discretion of the Company.
Final delivery of the Equipment is subject to full payment of all hire costs no less than 21 days before delivery.
If additional services are required during the event e.g. cleaning or pump-outs then payment will be within 30 days of invoice date.
Overdue accounts are subject to a 5% surcharge per month.
Acceptance of the Equipment on site by the Hirer shall in itself constitute acceptance in full of the above conditions relating to additional services
Additional charges
Extra charges may apply in the event of any of the following:
Additional vehicles required to site to deliver or collect in adverse conditions.
Equipment inaccessible when collecting.
Waste emptying if required.
Equipment returned in unhygienic conditions.
Callout charges may apply in event of a breakdown.
Brand stickers, drawing pins, sellotape, graffiti etc. on or in the fabric of the cabin/trailer.
Any damage caused to the Equipment.
Items removed from the Equipment and not returned, bins etc.
Use of naked flames, candles etc. in the Equipment.
Keys not returned will be charged at £20per key.
All Congestion and Emission Zone charges will be invoiced where applicable.
Excessive waiting time on site.
Fuel surcharges may apply.
Delivery and Collection
The Order will contain allotted on-site delivery and collection times and allow a set-up time of up to one hour on delivery and up to one hour on collection.
SSL reserves the right to charge at £35 per hour for delays incurred and additional labour expended in relation to delivery, installation and collection resulting from unsuitable site conditions. Similar charges will be made for delays incurred as a result of soft ground or any other condition.
SSL will not be responsible for any spillages, as the Equipment is self-contained, or for making good or repairing any damage to the site other than that caused by the negligence of SSL or its staff.
If collection of the Equipment is delayed beyond the agreed date for any reason (i.e. marquee restricting access, inclement weather conditions etc) we reserve the right to charge for each day of delay or part thereof at a rate of 25% of the quoted hire charge. This will increase to the full hire rate in the Order for each subsequent order that cannot be fulfilled by SSL because of the Equipment being unavailable.
The Site
The Hirer is responsible for providing the connections and/or access to mains services (water, power). The precise requirements will be agreed before delivery.
The Company will not be responsible for any making good or repair of damage to the site howsoever caused.
Liability
The Equipment will at all times remain the property of SSL, and the Hirer shall have no right, title or interest in or to the Equipment.
SSL have the Equipment insured against public & employee liability. The Hirer is responsible for insuring the Equipment against the risk of loss, theft, damage or destruction of the Equipment which shall pass to the Hirer on Delivery. The Equipment shall remain at the sole risk of the Hirer during the Rental Period and any further term during which the Equipment is in the possession, custody or control of the Hirer until such time as the Equipment is collected by SSL.
When the Hirer is obtaining Insurance for the Equipment they are hiring, this must be to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as SSL may from time to time nominate in writing.
The Hirer will provide proof of adequate insurance to cover any damage which may occur to the Equipment or any third parties using the same, prior to the event.
The Hirer must give immediate written notice to SSL in the event of any loss, accident or damage to the Equipment arising out of or in connection with the Hirer's possession or use of the Equipment.
The Hirer shall remain liable to pay the Rental Payment for the Equipment up to and including the date it notifies SSL that the Equipment have been lost, stolen and/or damaged beyond economic repair.
The Company accepts no liability whatsoever in respect of third party claims or for consequential loss or damage of any kind and the Hirer shall indemnify the SSL against third party claims unless such liability be caused by faulty materials, workmanship or negligence on the part of the SSL.
The Company accepts no liability whatsoever in respect of any malfunction of the Equipment provided during the agreed hire period if user numbers exceed the guidelines set by The Company in the quotation. The Hirer will be liable for any repairs/ damages/ malfunctions caused because of this.
The Company accepts no liability whatsoever in respect of any malfunction of the Equipment due to weather conditions – such conditions may be, but are not limited to, very hot or cold weather, flooding, snowing etc.
Title
The Equipment and accessories remain the property of the Company at all times. The Hirer will allow the Company reasonable access to the Equipment at all times. If the Company is unhappy with the Hirer’s actions the Equipment can be withdrawn at any chosen time at the Company’s sole discretion.
The Hirer shall keep the Equipment in his/her own possession and control, and free from all legal processes and undertakes that no mortgage deed, bill of sale or any other legal instrument or private arrangement whatsoever shall be exercised through which any person, lien or company other than the Company shall acquire any rights whatsoever in connection with the Equipment.
The Equipment
The Hirer shall indemnify the Company and be responsible for all expenses involved arising from any breakdown, wilful damage and any loss incurred by the Company due to negligence loss and/or misuse of the Equipment by the Hirer or persons using the Equipment on a time and replacement cost basis currently in use by the Company at the time.
No smoking is allowed in the Equipment. It is the Hirer’s responsibility to ensure that their guests comply with this requirement.
If any damage (excluding reasonable wear and tear resulting from reasonable use) is caused to the floor of the Equipment the Hirer shall be liable to pay the Company a fee of £750.00 to cover the cost of repair. Such damage may include but is not limited to cigarette burns caused by smoking in the Equipment and damage caused by guests wearing unsuitable footwear (for example golf spikes, ice skates or boots with studs).
The Hirer shall not move the Equipment from the site or position to which it was delivered without the Company’s agreement in writing.
The Equipment must be returned to the Company in the same condition as it was when it was delivered to the Hirer (except for reasonable wear and tear resulting from reasonable use).
Failure to leave the Equipment in a good condition requiring additional cleaning services will incur an Additional Cleaning fee of £100.00 to be paid by the Hirer to the Company.
Subletting
The Hirer will not sublet or rehire the Equipment without the expressed written permission of the Company.
Delivery
Where the Hirer has requested the Company to position the Equipment in a specific location, the Hirer must have an authorised representative available at the time of delivery to instruct the Company regarding that position.
The Hirer will pay extra for any further time or attendance including any attempt by the Company to carry out delivery, collection or servicing which is unsuccessful or delayed due to the Hirer’s acts or omissions.
Termination
This agreement and the hiring of the Equipment shall terminate without notice at the option of the Company and the Hirer shall no longer be authorised to use the Termination
This agreement and the hiring of the Equipment shall terminate without notice at the option of the owner and the Hirer shall no longer be authorised to use the Equipment in any of the following circumstances:
A default by the Hirer in the payment of any money due under these Terms for a period of seven days.
A breach of any of the provisions of these Terms other than those relating to the payment of money.
The Hirer presenting or allowing to be presented an application for an interim order, possession or bankruptcy order within the meaning of the Insolvency Act 1986 or allowing the level of any distress or execution against the Hirer.
The Hirer entering into or attempting to enter into a composition with creditors or (in the case of a limited company) going into liquidation except voluntary liquidation for the purpose of amalgamation reconstruction on the terms previously approved by the owner in writing,
A receiver or administrator being appointed in respect of the Hirer’s assets or any of them or a meeting whether formal or informal being called of the Hirer’s creditors or any of them.
in any of the following circumstances:
- A default by the Hirer in the payment of any money due under these Terms for a period of seven days.
- A breach of any of the provisions of these Terms other than those relating to the payment of money.
- The Hirer presenting or allowing to be presented an application for an interim order, possession or bankruptcy order within the meaning of the Insolvency Act 1986 or allowing the level of any distress or execution against the Hirer.
- The Hirer entering into or attempting to enter into a composition with creditors or (in the case of a limited company) going into liquidation except voluntary liquidation for the purpose of amalgamation reconstruction on the terms previously approved by the owner in writing,
- A receiver or administrator being appointed in respect of the Hirer’s assets or any of them or a meeting whether formal or informal being called of the Hirer’s creditors or any of them.