Terms & Conditions

6. Delivery, Collection and Services

6.1 Unless otherwise agreed in writing, NTH shall deliver the Goods to the Customer. It is the responsibility of the Customer to collect the Goods, and, in the case of Hire Goods, return them to the place originally collected from or as otherwise directed by NTH at the end of the Hire Period. Where it is NTH’s responsibility to deliver Goods to and/or collect the Hire Goods from the Customer it will do so at its standard delivery cost and such delivery and/or collection will form part of the Services. Prior to the Customer being given access to Hire Goods, the Customer must provide proof of identification to the satisfaction of NTH. Should NTH consider satisfactory proof of identification has not been provided by the Customer then NTH may not allow access to the Hire Goods and terminate the Contract with immediate effect and apply a reasonable charge. NTH shall not be liable for any losses sustained by the Customer due to such Contract termination. The Customer shall request details of the proof of identification required by NTH prior to the expected commencement of the Hire Period.

6.2 NTH cannot guarantee that any Hire Period will commence or end at a particular time of day. It is therefore recommended that if a Customer requires Hire Goods to be on site on a particular day by a particular time then the Hire Period should be requested to commence the day before that particular day and/or end on the following day.

6.3 In the event that NTH is required to deliver Goods to and/or collect the Hire Goods from the Customer and/or perform the Services, the Customer must inform NTH of the exact location, circumstances, and details of the location as part of the booking. Such details shall include any site access restrictions (such as weight or height restrictions for vehicles), , any security or practical requirements (such as any keycodes, location of an intercom, required identification documents, known deviations from a standard set of satellite navigation tool’s directions and any other information which may reasonably be required to perform delivery or collection. NTH shall only provide kerbside delivery of Goods and will not deliver Goods inside Customer premises or up or down stairs.

6.4 If NTH is unable to deliver/collect the Goods due to undisclosed restrictions of any nature required under clause 6.3 or the Customer is otherwise not present to receive/return the Goods, then the Customer will be charged a Failed Collection/Delivery Fee relevant to the value of the Goods or Services, for example, around £25 for smaller items, or around £500 for large plant equipment requiring specialist transport. These figures are purely illustrative and NTH shall apply a figure relevant to the Goods that NTH have not been able to deliver/collect.

6.5 In the event that the Customer needs to change any of the details provided in accordance with clause 6.3 and/or the Customer is not going to be present or otherwise facilitate the delivery/collection of the Goods, the Customer must contact NTH as soon as reasonably possible, and in any event, with at least 24 hours’ notice prior to delivery/collection, failing which NTH reserves the right to charge a Failed Collection/Delivery Fee relevant to the value of the Goods or Services

6.6 Where NTH have agreed to deliver/collect the Goods and no Customer contact is available at the time of the delivery/collection of the Goods then NTH will attempt to make contact by telephone with the Customer. Should the Customer not be present at the agreed time (regardless of whether contact was successful or not) and/or take delivery of or allow collection of the Goods then, without prejudice to NTH’s other rights and remedies, delivery/collection will be postponed, to another time/date as specified by NTH. Without prejudice to clause 6.10 the Customer shall be liable to pay immediately to NTH a Failed Collection/Delivery Fee shall be applied at NTH’s sole discretion, for the first and each and every subsequent failed delivery or collection. In the event that there is a failed collection attempt by NTH then NTH may extend the Hire Period to include up to and including the date of collection and the Customer shall be liable for payment of the Rental Charges for such extended period in addition to the original Rental Charges.

6.7 Unless agreed otherwise, NTH agrees to collect the Hire Goods from the Customer within five (5) working days the end of the Hire Period. The Customer shall remain responsible and liable for any loss, damage or theft to the Hire Goods until such time as the Hire Goods are collected by NTH.

6.8 In the event that NTH are unable to collect the Hire Goods at the end of the Hire Period as a result of restricted access, Customer absence, or any other any act or omission of the Customer which inhibits collection, NTH shall use its reasonable endeavours to rearrange another collection date, and, as such, the Customer shall remain responsible and liable for any loss, damage or theft to the Hire Goods until such time as the Hire Goods are collected by NTH. In such an event, NTH reserves the right to charge the Customer such Additional Charges as it deems reasonable necessary relevant to the delay and additional liabilities incurred by NTH.

6.9 Where NTH provides Services, the persons performing the Services are servants of the Customer and once the Customer instructs such person they are under the direction and control of the Customer. The Customer shall be solely responsible for any instruction, guidance and/or advice given by the Customer to any such person and for any damage which occurs as a result of such persons 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 15.14.

6.10 The Customer will allow and/or procure sufficient access to and from the relevant site and procure sufficient unloading space, facilities, equipment and access to utilities for NTH’s employees, sub- contractors and/or agents to allow them to carry out the Services. The Customer will ensure that the site where the Services are to be performed is, where necessary, cleared and prepared before the Services are due to commence.

6.11 If any Services are delayed, postponed and/or are cancelled due to the Customer failing to comply with its obligations the Customer will be liable to pay NTH’s full Charges that would otherwise be chargeable for the period of such delay, postponement and/or cancellation except where the Customer is acting as a Consumer and the delay is due to a Force Majeure event.

7. Care of Hire Goods

7.1The Customer shall:

• 7.1.1 not remove any labels from and/or interfere with the Hire Goods, their working mechanisms or any other parts of them and shall take reasonable care of the Hire Goods and only use them for their proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Customer;
• 7.1.2 notify NTH immediately after any breakdown, loss and/or damage to the Hire Goods;
• 7.1.3 take adequate and proper measures to protect the Hire Goods from theft, damage and/or other risks;
• 7.1.4 notify NTH of any change of its address and upon NTH’s request provide details of the location of the Hire Goods;
• 7.1.5 permit NTH at all reasonable times and upon reasonable notice to inspect the Hire Goods;
• 7.1.6 keep the Hire Goods at all times in its possession and control and not to remove the Hire Goods from the country where the Customer is located and/or the country where NTH is located without the prior written consent of NTH;
• 7.1.7 be responsible for the conduct and cost of any testing, examinations and/or checks in relation to the Hire Goods required by any legislation, best practice and/or operating instructions except to the extent that NTH has agreed to provide them as part of any Services;
• 7.1.8 not do or omit to do anything which the Customer has been notified will or may be deemed to invalidate any policy of insurance related to the Hire Goods;
• 7.1.9 not continue to use Hire Goods where they have been damaged and will notify NTH immediately if the Hire Goods are involved in an accident resulting in damage to the Hire Goods, other property and/or injury to any person; and
• 7.1.10 where the Hire Goods require fuel, oil and/or electricity ensure that the proper type and/or voltage is used and that, where appropriate, the Hire Goods are properly installed by a qualified and competent person. Customers must not use red diesel to fuel hired equipment during a Hire Period even if they work in a permitted industry. Misfuelling of hired equipment will incur a tank drainage and fuel disposal charge.
• 7.1.11 ensure that any employees, agents or contractors that operate the Hire Goods are, if applicable, adequately and sufficiently qualified and trained to operate the Hire Goods in accordance with all current and applicable legislation.

7.2 The Hire Goods must be returned by the Customer in good working order and condition and in a clean condition together with all insurance policies, licences, registration and other documents relating to the Hire Goods. If in the reasonable opinion of NTH the Hire Goods are not returned in a clean condition then NTH may charge the Customer a Cleaning Charge. The Cleaning Charge shall be payable within 7 days of the NTH Invoice.

8. Breakdown

8.1 Allowance may be made in relation to the Rental Charges to the Customer for any non-use of the Hire Goods due to breakdown caused by the development of an inherent fault and/or fair wear and tear on condition that the Customer informs NTH promptly of the breakdown and NTH is unable to repair or replace the Hire Goods within a reasonable time. Any allowance claimed will only be considered from the time and date at which notification is received by NTH. NTH’s liability due to breakdown shall be limited to the Customer’s wasted Rental Charges in relation to the specific Hired Goods only that have broken down.

8.2 The Customer shall be responsible for all expenses, loss (including loss of Rental Charges) and/or damage suffered by NTH arising from any breakdown of the Hire Goods due to the Customer’s negligence, misdirection and/or misuse of the Hire Goods subject at all times to the terms of the Accidental Damage Waiver, if purchased.

8.3 The Customer acknowledges and accepts that NTH performs routine maintenance and/or repairs on its Hire Goods. Except insofar as any applicable Accidental Damage Waiver applies in accordance with clause 5.11, the Customer will reimburse NTH for the cost of all repairs necessary to the Hire Goods incurred during the Hire Period which arise otherwise than as a result of fair wear and tear, an inherent fault, and/or the negligence of NTH while carrying out routine maintenance and/or repairs.

8.4 The Customer must not repair or attempt to repair the Hire Goods unless authorised to do so in writing by NTH.

9. Statutory Cancellation Right For Consumers

9.1 The provisions of this clause 9 only apply to Customers who are a Consumer for the purpose of any hire or purchase from NTH.

9.2 Subject to clauses 9.4 and 9.5, in the case of all Contracts for Sale Goods the Customer shall, in accordance with its rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, have the right to cancel the Contract by emailing NTH at help@nationaltoolhire.co.uk within 14 days of the day following the date on which the Goods come into the physical possession of the Customer.

9.3 Where a Customer exercises its right to cancel under clause 9.2 and has made payments in advance for Goods and/or Services that have not been provided to it, then NTH will refund these amounts to the Customer:

• 9.3.1 within 14 days of receipt of the Goods which have been returned by the Customer; or
• 9.3.2 (if earlier) within 14 days after the day the Customer provides evidence that they have returned the Goods; or
• 9.3.3 if no Goods have been provided by NTH, 14 days after the day on which NTH is informed of the Customer’s decision to cancel the Contract.

9.4 Where the Customer deals as a Consumer and requests in writing that NTH begins provision of the Services within the cancellation period set out in clause 9.2, then the Customer’s right to cancel the Contract without incurring any charge or Liability will expire once NTH has completed the provision of the Services. If the Customer cancels the Contract once NTH has begun to provide the Services it shall be liable for all costs reasonably incurred by NTH in providing the Services up to the point NTH is informed of the Customer’s decision to cancel the Contract.

9.5 Where the Contract is with a Consumer and:

• 9.5.1 is for the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities; and
• 9.5.2 provides for a specific date or period of performance,

the Consumer will not have a right to cancel the Contract without incurring any charge or Liability to NTH.

9.6 Where the Contract is with a Consumer and relates to the hire or purchase of Goods and the Consumer cancels in accordance with this clause 9 and a refund is due to the Consumer, NTH shall be entitled to deduct such amounts as permitted under consumer law, such as costs incurred as a result of any devaluation to the Goods due to Consumer’s use of such, damage to the Goods, or wear and tear from correct or incorrect usage. Such deductions may include the cost of refuelling such Goods, where applicable.

9.7 Where a Customer cancels the Contract under this clause 9, it shall return any Goods which NTH has provided to it at its own cost, unless otherwise expressly agreed in writing. When the Customer returns the Goods, they must keep a receipt or other form of evidence (whether from a third-party delivery service or otherwise) that Goods have been dispatched, date of dispatch and the address to which they have been dispatched.

10. Termination by Notice

10.1 If the Hire Period has a fixed duration, then subject to the provisions of clause 11 neither the Customer nor NTH shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party.

10.2 If the Hire Period does not have a fixed duration either of the Customer or NTH is entitled to terminate the Contract after commencement of the Hire Period upon giving to the other party at least one working days’ notice of termination (for example, if notice of termination is given on Monday then the Contract will terminate at midnight on Tuesday and any Rental Charges would be due for the Monday and Tuesday but not the Wednesday).

10.3 The rights set out in this clause 11 are in addition to any rights the Customer may have under clause 9 (and any other legal rights).

10.4 Payments made by the Customer for Sale Goods or Hire Goods including consumables, fuel, Accidental Damage Waiver, Subrogation Waiver or any Deposit intended to cover a Hire Period which has been cancelled may be refunded to the Customer by NTH except where:

• 10.4.1 NTH has paid to a third party an insurance premium;
• 10.4.2 specialist transport or permit costs for which NTH is liable; or
• 10.4.3 any such Sale Goods are returned used or in the opinion of NTH are not in resaleable condition.

11. Termination for Default

11.1 If the Customer:-

• 11.1.1 fails to make any payment to NTH when due;
• 11.1.2 breaches the terms of the Contract and, where the breach is capable of remedy, has not remedied the breach within 14 days of receiving notice requiring the breach to be remedied;
• 11.1.3 persistently breaches the terms of the Contract;
• 11.1.4 provides incomplete, materially inaccurate or misleading facts and/or information in connection with the Contract;
• 11.1.5 pledges, charges or creates any form of security over any Hire Goods or proposes to compound with its creditors, creates a trust deed for its creditors, applies for an interim moratorium in respect of claims and/or proceedings, any distress/diligence, execution or other legal process is levied on any property of the Customer, has a bankruptcy petition/petition for sequestration presented against it or the Customer takes or suffers any similar action in any jurisdiction;
• 11.1.6 being a company, ceases or threatens to cease to carry on business, enters into voluntary or compulsory liquidation, has a receiver, administrator or administrative receiver or in the Republic of Ireland an examiner appointed over all or any of its assets, any attachment order/arrestment is made against the Customer, any distress/diligence, execution or other legal process is levied on any property of the Customer or the Customer takes or suffers any similar action in any jurisdiction;
• 11.1.7 appears to NTH (acting reasonably) due to the Customer’s credit rating to be financially incapable of meeting its obligations under the Contract; and/or
• 11.1.8 appears to NTH (acting reasonably) to be about to suffer any of the above events;

then NTH shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 11.2 below.

11.2 If any of the events set out in clause 11.1 above occurs in relation to the Customer then:-

• 11.2.1 except where the Customer is acting as a Consumer NTH may enter, without prior notice, any premises of the Customer (or premises of third parties with their consent) where Goods owned or hired by NTH may be and repossess and/or take possession of any Goods;
• 11.2.2 NTH may withhold the performance of any Services and cease any Services in progress under this and/or any other Contract with the Customer;
• 11.2.3 NTH may immediately cancel, terminate and/or suspend without Liability to the Customer the Contract and/or any other contract with the Customer; and/or
• 11.2.4 *all monies owed by the Customer to NTH shall immediately become due and payable.

11.3 Any repossession of the Goods shall not affect NTH’s right to recover from the Customer any monies due under the Contract and/or any damages in respect of any breach which occurred prior to repossession of the Goods.

11.4 Upon termination of the Contract the Customer shall immediately:

• 11.4.1 return the Goods to NTH or, as requested by NTH, make the Goods available for collection by NTH or its authorised representatives (the Customer granting or procuring for NTH or its authorised representative the right to enter the site without trespass); and
• 11.4.2 pay to NTH all arrears for Charges and/or any other sums payable under the Contract including, but not limited to, the cost of returning the Goods.

11.5 The Customer, when also a Consumer, may end the Contract for a reason set out in clauses 11.5.1 to 11.5.5 below by notifying NTH when they wish the Contract to end and the reason why and NTH will then refund the Customer for any Goods, Services, Accidental Damage Waiver, Cancellation Waiver or Subrogation Waiver (where the relevant Hire Period has not yet commenced) or Hire Period which has not been provided where;

• 11.5.1 NTH has told the Customer about an upcoming change to the Goods and/or Services or this Contract which the Customer does not agree to;
• 11.5.2 NTH have told the Customer about an error in the price or description of the Goods and/or Services that the Customer has ordered and the Customer does not wish to proceed;
• 11.5.3 there is a risk that supply of the Goods and/or Services may be significantly delayed because of events outside the Customer’s control;
• 11.5.4 NTH has suspended supply of Goods and/or Services for technical reasons, or notified the Customer it is going to suspend the supply of Goods and/or Services for technical reasons in each case for a period of more than 3 days; or
• 11.5.5 the Customer has a legal right to end the Contract because of a breach of Contract by NTH.

12. Limitation of Liability for Loss orDamage Suffered by Customer (Not a Consumer)

12.1 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.

12.2 If NTH is found to be liable in respect of any loss or damage to the Customer’s property the extent of NTH’s Liability will be limited to the cost of replacement of the damaged property on a like-for-like basis in terms of similar age and condition.

12.3 Any defective Goods must be returned to NTH’s suppler for inspection if requested by NTH before NTH will have any Liability for defective Goods.

12.4 NTH shall have no Liability to the Customer if, without just cause, any monies due in respect of the Goods and/or the Services have not been paid in full by the due date for payment.

12.5 NTH 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 Goods and/or Services after a defect has become apparent or suspected or should reasonably have become apparent to the Customer.

12.6 The Customer shall give NTH a reasonable opportunity to remedy any matter for which NTH is liable before the Customer incurs any costs and/or expenses in remedying the matter itself. If the Customer does not do so NTH shall have no Liability to the Customer.

12.7 NTH 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 NTH.

12.8 NTH shall have no Liability to the Customer for any of the following losses (whether direct or indirect):-

• 12.8.1 consequential losses;
• 12.8.2 economic and/or other similar losses;
• 12.8.3 business interruption, loss of business, contracts and/or opportunity including loss of profits and/or damage to goodwill;
• 12.8.4 aborted costs or loss from the hiring by the Customer of any tradesperson or contractor; and/or
• 12.8.5 special damages and indirect losses however so arising.

12.9 NTH’s total Liability to the Customer under and/or arising in relation to any Contract shall not exceed 2 times the total of the Charges and Additional Charges paid by the Customer under the Contract.

12.10 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:

• 12.10.1 liability for breach of contract;
• 12.10.2 liability in tort/delict (including negligence); and
• 12.10.3 liability for breach of statutory and/or common law duty; except clause 12.9 above which shall apply once only in respect of all the said types of Liability.

12.11 Nothing in this Contract shall exclude or limit the Liability of NTH for fraud, death or personal injury due to NTH’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

13. NTH’s Responsibility for Loss or Damage Suffered by Customer who is a Consumer

13.1 In the event NTH fail to comply with this Contract, NTH are responsible for loss or damage the Customer suffers that is a foreseeable result of NTH’s breaching this Contract or NTH’s failure to use reasonable care and skill but NTH is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both NTH and the Customer knew it might happen, for example, if the Customer discussed it with NTH during the sale process.

13.2 NTH does not exclude or limit in any way its liability to the Customer where it would be unlawful to do so including liability for death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misinterpretation; for breach of a Customer’s legal rights in relation to the Goods including the right to receive Goods which are: as described and match information NTH provided to the Customer and any sample or model seen or examined by the Customer; of satisfactory quality; fit for any particular purpose made known to NTH: for Services supplied with reasonable skill and care.

13.3 NTH are not liable for business losses. NTH only supply the Goods and/or Services to the Customer for domestic and private use. If the Customer uses the Goods and/or Services for any commercial, business or re-sale purpose NTH will have no liability to the Customer for any loss of profit, loss of business, business interruptions, or loss of business opportunity.

13.4 Any defective Goods must be returned promptly to NTH or its supplier for inspection if requested by NTH before NTH can incur any liability for defective Goods.

13.5 The Customer shall give NTH a reasonable opportunity to remedy any matter for which NTH may be liable before the Customer incurs any cost and/or expenses in remedying the matter itself. If the Customer does not do so NTH shall have no Liability to the Customer relating to that matter.

13.6 If NTH are found to be liable in respect of loss or damage to the Customer’s property the extent of NTH’s Liability will be limited to the cost of making good any damage to the Customer’s property.

13.7 Subject to clause 13.2, NTH shall not be liable for any distress or inconvenience caused to the Customer or for any aborted costs or losses arising from engagement by the Customer of any tradesperson or contractor.

14. Data Protection

14.1 NTH will comply with its duties under the latest applicable data protection legislation and shall only use such personal information of the Customer as is necessary for performance of this Contract, and in any event, on the same provisions for which NTH collects personal information through its website as set out in NTH’s privacy policy available at www.nationaltoolhireshops.co.uk/privacy-policy.

15. General

15.1 Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of a Contract including clauses 4, 7, 8, 9, 12, 13 and 15 shall continue in full force and effect. Termination or expiry of a Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.

15.2 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.

15.3 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.

15.4 When dealing as a Consumer, if the Customer has any questions or complaints it may contact NTH by telephoning its customer service team on 0800 808 9600 or by e-mail it at hiredesk@nationaltoolhire.co.uk. Please note that calls may be recorded for training and/or evidential purposes.

15.5 *The Customer agrees to indemnify and keep indemnified NTH 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 NTH 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.

15.6 In the event NTH does not insist immediately that the Customer does anything it is required to do so under the Contract, or if NTH delays in taking steps against the Customer in respect of the Customer’s breaching this Contract, that will not mean that the Customer does not have to do those things, and it will not prevent NTH taking steps against the Customer at a later date.

15.7 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.

15.8 Neither party shall use the other party's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Contract.

15.9 The Contract constitutes the entire agreement between the parties and each party acknowledges that in entering into the Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in the Contract.

15.10 NTH 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 event. If NTH 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.

15.11 This Contract is personal to the parties and as such neither party shall assign, novate or transfer any or all of its rights and obligations under the Contract without the prior written consent of the other party (such consent not to be unreasonably withheld or delayed), except to the extent that NTH may, on written notice to the Customer, assign, novate or transfer any or all of its rights and obligations under the Contract to a member of its corporate group or to any person to which it transfers its business or that part of its business to which the Contract relates. Corporate group means NTH itself, any subsidiary or holding company of NTH, or any subsidiary of that holding company from time to time.

15.12 NTH may subcontract any of its obligations under the Contract without the prior written consent of the Customer. NTH shall be responsible for all acts and omissions of its subcontractors as if they were its own acts or omissions

15.13 All third party rights are excluded, and no third parties shall have any rights 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 NTH has an outstanding finance agreement relating to the Hire Goods. Such finance company shall, subject to NTH’s consent, have the right to enforce this Contract as if they were NTH.

15.14 This Contract is governed by the laws of England and Wales and either party may bring legal proceedings in respect of the Contract in the English Courts.

16. Damage Waiver

16.1 The Damage Waiver does not apply and the Customer will remain fully responsible for damage to Hire Goods if:

• 16.1.1 damage to Hire Goods was directly or indirectly the result of: misuse or use contrary to instructions; or malice or any deliberate act; ornegligence or want of care; or an act or omission by any person who is not the Customer or in the Customer’s direct employment; or failure to use and maintain the Hire Goods in accordance with the manufacturer’s guidelines,
• 16.1.2 The Hire Goods are lost or stolen or not returned to the Supplier, 16.1.3 damage is not reported to the Supplier within 48 hours of the damage occurring or is caused by chemical spills, paint, concrete, masonry (or similar) spillage or overspray,
• 16.1.4 damage arises from failure to clean and conduct general routine maintenance of the Hire Goods, where cleaning and maintenance is the Customer’s responsibility under the terms of the Contract,
• 16.1.5 damage is the result of a breach by the Customer of any of the terms of the Contract.

16.2 The Damage Waiver is not an insurance for Hired Goods and does not cover loss or theft of the Hire Goods.





As a quick reference and for answers to the most common questions, we also have a set of Frequently Asked Questions (FAQs).