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Terms & Conditions

Conditions for Hire and Sale of Products to Consumers and Businesses

1. INTERPRETATION

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1.1 In these conditions the following words have the following meanings:​​

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  • Consumer: An individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession.

  • Contract: Means a contract which incorporates these conditions and includes any Contract for the hire or sale of Goods.

  • Customer: Means the person, firm, company or other organisation hiring the Goods or purchasing Sale Goods.

  • Deposit: Means any advance payment required by the Supplier in relation to the Hire Goods which is to be held as security by the Supplier.

  • Digital Content: Means data which is produced and supplied in digital form.

  • Force Majeure: Means any event outside a party's reasonable control, including but not limited to acts of God, war, riot, fire, labour disputes, strikes, lock-outs, acts, rules, regulations or orders of any government or authority.

  • Goods: Means any machine, article, tool, and/or device together with any accessories specified in a Contract which are hired or sold by the Supplier.

  • Hire Period: Means the period commencing when the Customer hires the Hire Goods upon the signing of the Hire Contract and ends upon the return of the Hire Goods by the Customer to the Supplier's possession or collection of the Hire Goods by the Supplier.

  • Liability: Includes liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses.

  • Rental: Means the Supplier's charging rate for the hire of the Hire Goods which is current from time to time.

  • Sale Goods: Means any Goods which are sold to the Customer.

  • Supplier: Means Mini Digger & Diver Hire at the address stated at the end of these terms and conditions and includes servants, agents and/or sub-contractors.

  • Services: Means the work and/or services (if any) to be performed by the Supplier for the Customer in conjunction with the hire of Goods including any delivery and collection service in respect of the Goods.

2. BASIS OF CONTRACT

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2.1 Goods are hired or sold subject to them being available for hire or sale 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 Goods being unavailable for hire or sale where the Goods are unavailable due to circumstances beyond the Supplier's control. The Supplier reserves the right to terminate or suspend the Contract if the Supplier considers the Customer's credit limit has been exceeded.

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2.2 Where hire of the Hire Goods is to a Customer who is an individual, unincorporated entity or a body corporate business, and where the hire is 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 not covered by the Consumer Credit Act 1974. In such circumstances, the Customer shall return the Hire Goods to the Supplier on the final day of the 3 month Hire Period. Failure to do so shall be liable for any financial loss which this causes the Supplier.

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2.3 Nothing in this Contract shall exclude or limit any statutory rights which the Customer is entitled to. The Customer acknowledges that the Supplier is a Consumer. Where the Customer is acting as a Consumer and this Contract is signed by the Customer, then this Contract is subject to the Consumer Contracts Regulations.

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2.4 The Customer agrees that the Supplier's standard terms and conditions shall apply to the Contract and no other terms shall be binding unless agreed in writing by the Supplier.

3. FAULTY GOODS, DIGITAL CONTENT AND SERVICES

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3.1 Where the Customer deals as a Consumer, the Supplier is legally duty to supply Goods, Digital Content and Services that are in conformity with the contract between the parties. In circumstances the Customer has legal rights in relation to Goods and Digital Content that are, for example, not as described and in relation to Services that are, for example, not carried out with reasonable skill and care, or is the materials used to carry out the Services are faulty or as described.

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3.2 Advice about Customers' legal rights where they deal as a Consumer is available from their local Citizens Advice Bureau or Trading Standards Office. Nothing in these conditions will affect these legal rights.

4. PAYMENT

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4.1 The amount of any Deposit, Rental, monies for Sale Goods and/or charges for any Services shall be as quoted to the Customer or otherwise as shown in the Supplier's current price list from time to time. Where a Deposit is required for the Hire Goods it must be paid in advance of the Customer hiring the Hire Goods. The Supplier may also require an initial payment on account of the Rental in advance of the Customer hiring the Hire Goods.

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4.2 The Customer shall pay the Deposit, Rental, charges for any Services, monies for any Sale Goods and/or any sums payable under the Contract to the Supplier either when stated, in advance and/or after. The Supplier reserves the right, exclusive of any applicable VAT, for which the Customer shall additionally be liable.

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4.3 Payment by the Customer on time under the Contract is an essential condition of the Contract. Payment shall not be deemed to have been made until the Supplier has received cleared funds in respect of the full amount outstanding.

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4.4 If the Customer fails to make any payment in full on the due date the Supplier may charge the Customer interest (both before and after judgment/decree) on the amount unpaid at the rate 4% above the base rate of the Bank of England from time to time, calculated on a daily basis.

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4.5 The Customer shall pay all sums due to the Supplier under the Contract without any set-off, deduction, counterclaim and/or other withholding monies.

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4.6 The Supplier may set a reasonable credit limit for the Customer.

5. RISK, OWNERSHIP AND INSURANCE

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5.1 Risk in the Goods shall pass to the Customer when they leave the physical possession or control of the Supplier.

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5.2 Risk in the Hire Goods will not pass back to the Supplier until the Hire Goods are back in the physical possession of the Supplier. Risk shall apply even if the Supplier has agreed to cease charging the Rental.

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5.3 Ownership of the Hire Goods remains at all times with the Supplier. The Customer has no right, title or interest in the Hire Goods except that they are hired to the Customer. Ownership of the Sale Goods remains with the Supplier until all monies payable to the Supplier by the Customer under the Sale Goods have been paid in full.

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5.4 Until ownership in the Sale Goods passes to the Customer, the Customer shall:

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  • 5.4.1 Hold the Sale Goods on a fiduciary basis as the Supplier's bailee;

  • 5.4.2 Maintain the Sale Goods in satisfactory condition;

  • 5.4.3 Keep the Sale Goods insured against all risks for their full price from the time they are delivered to the Customer;

  • 5.4.4 Store the Sale Goods separately from all other goods of the Customer or any third party in such a way that they remain readily identifiable as the Supplier's property;

  • 5.4.5 Not destroy, deface or obscure any identifying mark or packaging on or relating to the Sale Goods; and

  • 5.4.6 Maintain the Sale Goods in satisfactory condition and keep them insured on the Supplier's behalf for their full price against all risks with insurers approved by the Supplier.

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5.5 The Customer may resell or use the Sale Goods in the ordinary course of its business (but not otherwise) before ownership has passed to it. However, if the Customer resells the Sale Goods before ownership has passed, it does so as principal and not as agent of the Supplier and shall hold the proceeds of sale on trust for the Supplier in a separate account and not mix them with any other money or pay them into any overdrawn bank account.

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5.6 The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Supplier. Without prejudice to the other rights of the Supplier, if the Customer does so all sums whatsoever owing by the Customer to the Supplier shall forthwith become due and payable

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5.7 The Supplier may recover Sale Goods in respect of which ownership has not passed to the Customer. The Customer irrevocably authorises the Supplier, its officers, employees and agents to enter any premises where the Sale Goods are or may be stored in order to inspect them, or where the Customer's right to possession has terminated, to recover them.

6. RDELIVERY, COLLECTION AND SERVICES

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6.1 It is the responsibility of the Customer to collect the Goods from the Supplier and, in the case of Hire Goods, return them to the Supplier at the end of the Hire Period. If the Supplier agrees to deliver Goods to the Customer it will do so at its standard delivery charge and such delivery and/or collection will form part of the Services.

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6.2 If the Supplier agrees to collect the Hire Goods from the Customer at the end of the Hire Period the Customer must give the Supplier reasonable notice which shall include at least three (3) working days. The Supplier shall not be liable for any loss, damage or theft of the Hire Goods if the Customer fails to collect them or returns them to the Supplier without complying with the Supplier's collection arrangements.

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6.3 Where the Supplier provides Services the person performing the Services are servants or agents of the Supplier and are under the direction and control of the Supplier. The Customer shall be solely responsible for any instruction, direction and/or advice given by the Customer to any such person and for any damage which occurs as a result of such instructions following the Customer's instructions, guidance and/or advice except to the extent that the persons performing the Services are found to be negligent by a court with jurisdiction to make such finding pursuant to clause 14.8.

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6.4 The Customer will allow and/or procure sufficient access to and equipment and resource sufficient for the Supplier's employees, sub-contractors and agents to allow them to carry out the Services. The Customer will ensure that the Services are to be performed in safe conditions, clean and prepared before the Services are due to commence.

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6.5 If any Services are delayed, postponed and/or cancelled due to the Customer failing to comply with its obligations, the Customer shall pay the Supplier additional charges from time to time as the Supplier shall determine to cover the Supplier's additional expenses and/or cancellation charges.

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6.6 The Supplier shall not be liable for any loss, damage or theft of the Hire Goods where the Hire Goods are stored or used at the Customer's premises or any other location agreed between the parties.

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6.7 The Customer shall be responsible for the care, custody and control of the Hire Goods during the Hire Period and shall ensure that the Hire Goods are used in a proper and safe manner and only in accordance with any operating instructions provided by the Supplier and/or manufacturer.

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6.8 The Customer shall not remove, deface or obscure any labels, plates, marks or other identification attached to the Hire Goods and shall ensure that the Hire Goods remain clearly identified as the Supplier's property.

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6.9 The Customer shall take all reasonable steps to prevent loss, damage or theft of the Hire Goods and shall immediately notify the Supplier of any loss, damage or theft.

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6.10 The Customer shall not alter, modify, adjust, repair or carry out any maintenance on the Hire Goods without the prior written consent of the Supplier.

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6.11 The Customer shall ensure that the Hire Goods are returned to the Supplier in a clean condition and in good working order (fair wear and tear excepted) at the end of the Hire Period.

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6.12 The Customer shall be responsible for all costs incurred by the Supplier in repairing, replacing or cleaning the Hire Goods where such costs arise from misuse, neglect, damage or contamination during the Hire Period.

7. CARE OF HIRE GOODS

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7.1 The Customer shall:​​

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  • 7.1.1 Ensure that the Hire Goods are used only for their intended purpose and in accordance with any instructions provided by the Supplier and/or manufacturer;

  • 7.1.2 Ensure that the Hire Goods are kept in a safe, secure and suitable environment at all times;

  • 7.1.3 Ensure that only suitably trained and competent persons operate the Hire Goods;

  • 7.1.4 Immediately cease using the Hire Goods if they become unsafe or unfit for use and notify the Supplier without delay;

  • 7.1.5 Not remove, interfere with or bypass any safety devices or protective guards fitted to the Hire Goods;

  • 7.1.6 Comply with all applicable laws, regulations and codes of practice relating to the use of the Hire Goods.

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7.2 The Customer shall be liable for any loss, damage or theft of the Hire Goods during the Hire Period, except where such loss, damage or theft is caused by the Supplier's negligence.

8. BREAKDOWN

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8.1 The Customer shall immediately notify the Supplier if the Hire Goods break down, malfunction or become unsafe during the Hire Period.

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8.2 The Supplier shall use reasonable endeavours to repair or replace the Hire Goods as soon as practicable following notification by the Customer.

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8.3 The Supplier shall not be liable for any loss of use, loss of profit or any other indirect or consequential loss arising from any breakdown or failure of the Hire Goods.

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8.4 The Customer shall not attempt to repair the Hire Goods unless authorised to do so in writing by the Supplier.

9. LOSS OR DAMAGE TO THE HIRE GOODS

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9.1 If the Hire Goods are returned damaged, unclean and/or incomplete the Customer shall be liable for the cost of repair, replacement and/or cleaning, together with the Rental until such time as the Hire Goods are returned to a condition fit for re-hire.

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9.2 The Customer shall pay to the Supplier the full replacement cost of any Hire Goods lost, stolen or destroyed during the Hire Period.

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9.3 Rental shall continue to accrue until the Hire Goods are returned to the Supplier or replaced.

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9.4 In addition to the charges set out above the Customer shall pay the Supplier for any loss of hire suffered by the Supplier as a result of the loss or damage to the Hire Goods.

10. STATUTORY CANCELLATION RIGHT FOR CONSUMERS

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10.1 The provisions of this clause 10 only apply if the Customer is a Consumer.

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10.2 The Consumer has the right to cancel this Contract within 14 days without giving any reason.

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10.3 The cancellation period will expire after 14 days from the day on which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires, physical possession of the Goods.

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10.4 To exercise the right to cancel, the Consumer must inform the Supplier of their decision to cancel this Contract by a clear statement (e.g. a letter sent by post, fax or e-mail). The Consumer may use the model cancellation form set out below, but it is not obligatory.

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10.5 To meet the cancellation deadline, it is sufficient for the Consumer to send the communication concerning the exercise of the right to cancel before the cancellation period has expired.

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10.6 Effects of cancellation: If the Consumer cancels this Contract, the Supplier shall reimburse all payments received from the Consumer, including the costs of delivery (except for the supplementary costs arising if the Consumer chose a type of delivery other than the least expensive type of standard delivery offered by the Supplier), without undue delay and in any event not later than 14 days from the day on which the Supplier is informed about the Consumer's decision to cancel this Contract.

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10.7 The Supplier shall make the reimbursement using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any event, the Consumer will not incur any fees as a result of such reimbursement.

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10.8 The Supplier may withhold reimbursement until the Goods have been received back or the Consumer has supplied evidence of having sent back the Goods, whichever is the earliest.

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10.9 The Consumer shall send back the Goods or hand them over to the Supplier without undue delay and in any event not later than 14 days from the day on which the Consumer communicates their cancellation of this Contract to the Supplier. The deadline is met if the Consumer sends back the Goods before the period of 14 days has expired.

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10.10 The Consumer shall bear the direct cost of returning the Goods.

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10.11 The Consumer is only liable for any diminished value of the Goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Goods.

11. TERMINATION BY NOTICE

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11.1 If the Hire Period has a fixed duration, then subject to the provisions of clause 12 neither the Customer nor the Supplier shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed between the parties. 

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11.2 If the Hire Period does not have a fixed duration either the Customer or the Supplier is entitled to terminate the Contract upon giving not less than 14 days written notice.  

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11.3 If no period of notice has been agreed or specified the Customer may terminate the Hire Period by the physical return of the Hire Goods to the Supplier.  

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11.4 If no period of notice has been agreed or specified either party shall be entitled to terminate the Hire of the Hire Goods by giving not less than 14 days notice to the other.  

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11.5 The rights set out in this clause 11 are in addition to any rights the Customer may have under clause 10 and any other legal rights.  

12. DEFAULT

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12.1 If the Customer:

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  • 12.1.1 Fails to make any payment to the Supplier when due without just cause;

  • 12.1.2 Breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 14 days of being notified in writing by the Supplier;

  • 12.1.3 Persistently breaches the terms of the Contract;

  • 12.1.4 Provides incomplete, materially inaccurate or misleading information in connection with the Contract;

  • 12.1.5 Pledges or charges or creates any form of security over any Hire Goods or proposes to compound with its creditors, enters into any deed of arrangement, or any form of moratorium in respect of its debts, or suffers or permits the appointment of any administrator, receiver or liquidator, or has any distress or execution levied on any property of the Customer, or is taken possession of, or has any encumbrance created over it;

  • 12.1.6 Takes or suffers any action or event which, under the law of any jurisdiction, has an analogous effect to any of the events mentioned above;

  • 12.1.7 Appears to the Supplier (acting reasonably) to be unable to pay its debts or is deemed unable to pay its debts;

  • 12.1.8 Appears to the Supplier (acting reasonably) to be likely to become unable to pay its debts;

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12.2 Then the Supplier shall have the right, without prejudice to any other rights or remedies, to exercise any or all of the rights set out in clause 12.

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12.3 If any of the events set out in clause 12.1 above occurs in relation to the Customer then:

  • 12.3.1 Except where the Customer is acting as a Consumer then at any time without prior notice, any premises of the Customer or where the Hire Goods owned by the Supplier may be and repossess any Goods;

  • 12.3.2 The Supplier may withhold the performance of any Services and/or delivery of any Goods.

13. LIMITATION OF LIABILITY

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13.1 This clause 13 sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Customer in respect of:

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  • (a) Any breach of this Contract;

  • (b) Any use made by the Customer of the Hire Goods or any part of them; and

  • (c) Any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Contract.

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13.2 Nothing in this Contract shall limit or exclude the Supplier's liability for:

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  • (a) Death or personal injury caused by negligence;

  • (b) Fraud or fraudulent misrepresentation, or

  • (c) Any matter in respect of which it would be unlawful for the Supplier to exclude or restrict liability.

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13.3 Subject to clause 13.2:

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  • 13.3.1 The Supplier shall not be liable for any indirect or consequential loss;

  • 13.3.2 The Supplier shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses;

  • 13.3.3 The Supplier's total liability shall not exceed the value of the Contract.

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13.4 Each of the parties acknowledges that the limitations of liability set out in this clause 13 are reasonable.

14. GENERAL

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14.1 Upon termination of the Contract the provisions of clauses 4.4, 4.5, 7, 8, 9, 11, 13 and this clause 14 shall remain in effect.

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14.2 Each hire of the Hire Goods shall form a distinct Contract which shall be separate to any other Contract or other Hire Goods.

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14.3 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.

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14.4 When dealing as a Consumer, if the Customer has any questions or complaints they may contact the Supplier by telephone on 07448 756349 or by e-mail at minidigithire@gmail.com.

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14.5 The Customer agrees to indemnify and keep indemnified the Supplier against any and all losses, costs, damages, claims, expenses (including legal costs) and any other losses suffered by the Supplier arising from or in connection with any breach of Contract, tortious act or omission and/or breach of statutory duty by the Customer.

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14.6 No waiver by the Supplier of any breach of this Contract shall be considered as a waiver of any subsequent breach of the same or any other provision.

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14.7 The Supplier shall have no liability to the Customer for any delay in performance of a Contract to the extent that such delay is due to any Force Majeure event.

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14.8 A third party rights are excluded and no third parties shall have any right to enforce the Contract by virtue of the Contracts (Rights of Third Parties) Act 1999. This shall not apply to any finance company with whom the Supplier has an outstanding finance agreement relating to the Hire Goods.

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14.9 The Contract is governed by and interpreted in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.

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