BACKGROUND
These Terms and Conditions shall apply:
“Consumables” | means the accessory items which the Company stocks for sale to customers; |
“Business” | means any business, trade, craft, or profession carried on by the Customer or any other person/organisation; |
“Consumer” | means a “Consumer” as defined by the Consumer Rights Act 2015, that is to say an individual who hires the Equipment for his/her personal use and for purposes wholly or mainly outside the purposes of any Business; |
“Customer” | means the customer who is hiring the Equipment subject to these Terms and Conditions (as that meaning is extended by sub-Clauses 1.2.7 and 1.3 below); |
“Customer Location” | means the location agreed at the start of the Hire Term for the delivery and subsequent collection of any Equipment to and from the Customer by the Company in accordance with Clause 6 of these Terms and Conditions; |
“Deposit” | means the sum payable by the Customer under Clause 4 of these Terms and Conditions and as set out in the Hire Agreement; |
“Equipment” | means the plant supplied on hire by the Company to the Customer subject to these Terms and Conditions; |
“Force Majeure” | means any cause that is beyond the reasonable control of the Party in question including, but not limited to: power failure; internet service provider failure; strikes, lock-outs or other industrial action suffered by the Party or its suppliers or contractors; civil unrest; fire; explosion; acts of God; flood; storms; earthquakes; subsidence; acts of terrorism (threatened or actual); acts of war; governmental action; epidemic or other natural disaster; |
“Hired Personnel” | means any of the Company’s employees that are provided to the Customer for the purposes of setting up, driving or operating the Equipment; |
“Identification” | means at least (a) one copy of photographic identification (e.g. current passport, UK/EU photo driving licence) and (b) one copy of another form of identification showing proof of address (e.g. utility bill dated not more than 3 months prior to the commencement of the Hire Term, current year’s Council Tax bill), all to the satisfaction of the Company (acting in its sole discretion); |
“Personnel Fees” | means the VAT inclusive fees payable by the Customer for any Hired Personnel; |
“Premises” | means the Company’s premises from which the Customer may collect certain Equipment and to which it will return it in accordance with Clause 6 of these Terms and Conditions; |
“Pricing” | means the Company’s pricing, as detailed within the Order Acknowledgement and as further described in Clause 5.2 of these Terms and Conditions; |
“Hire” | means the hire of the Equipment by the Customer subject to these Terms and Conditions; |
“Hire Agreement” | means the agreement in writing comprising the Order Acknowledgement entered into by the Customer and the Company incorporating these Terms and Conditions which shall govern the Hire of the Equipment; and |
“Hire Fees” | means the VAT inclusive sum payable by the Customer for the Hire as determined under Clause 5 of these Terms and Conditions. |
If any of the Equipment is stolen the Customer must firstly inform the police of the incident, providing all details requested. The Customer must then inform the Company, providing all details of the incident including information provided by the police including, where relevant, the crime reference number.
arising from any act or omission by the Company or any of its agents or employees or sub-contractors or any other person or entity in connection with the performance of the Company’s obligations arising under these Terms and Conditions and the Hire Agreement.
Where the Customer purchases Consumables from the Company, the following terms shall apply:
The Company takes customer data protection seriously and complies with applicable data protection legislation, including the EU law retained version of the General Data Protection Regulations (2016/679) and the UK Data Protection Act 2018. For complete details of the Company’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Customer’s rights and how to exercise them, and personal data sharing (where applicable), please refer to the Company’s Privacy Notice available here: www.primeplanthire.com .
Where the Customer is a Consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a Consumer to rely on those provisions.