cONDITIONS OF HIRE

1 DEFINITIONS
“Agreement” means the agreement between the Customer for the provision of Event Hire Equipment, comprising these Conditions together with the Event Hire Contract;
“Conditions” means these ‘Condition’ shall be construed accordingly;
The “Event Hire Equipment” means the buildings (including but not limited to portable and mobile buildings, toilets and erectable structures) identified in the Event Hire Contract and provided to the customer, together with any and all ancillary equipment supplied in relation thereto, which are and will remain at all times the property of AMP HIRE Ltd.
“Event Hire Contract” means the order form (as amended in accordance with these Conditions) which forms part of this Agreement and any attachments to it agreed by the parties;
The “Customer” is the company, firm or persons specified in the Event Hire Contract and includes its or their successors or personal representatives;
The “Site” shall be the precise location for the Event Hire Equipment as specified in the Event Hire Contract.

2 EXTENT OF AGREEMENT
No conditions or warranties other than herein specifically set forth shall be implied or deemed to be incorporated in or to form part of the Agreement and the Customer admits that no representations have been made to the Customer by or on behalf of AMP HIRE Ltd which have induced the Customer to enter into the Agreement.

3 CONSENTS, LICENCES OR PERMISSION
The Customer shall comply with all Acts of Parliament, Orders in Council, Statutory Instruments, restrictions, stipulations and conditions affecting the use of the Event Hire Equipment, the Site and the erection of the Event Hire Equipment on the Site. Where use of Event Hire Equipment needs the approval of the Local Authority or any other Authority before they can be erected (including for the avoidance of doubt, any necessary planning consents), the obtaining of any authorisation is the responsibility of the Customer and orders will be accepted by AMP HIRE Ltd on the implied understanding that there are no restrictions on the use of the Event Hire Equipment on the Site in question.

4 AVAILABILITY AND DELIVERY
(i) This Agreement is subject to the availability of the Event Hire Equipment.
(ii) AMP HIRE Ltd shall use reasonable endeavours to deliver the Event Hire Equipment by the first date of the period of hire stated in the Event Hire Contract, but failure to do so shall not be a basis for cancellation of order. All claims for shortages, loss, or damage, must be made within one day from date of delivery otherwise same cannot be accepted.

5 SITE AND ACCESS
(i) A suitable access route to the Site is to be provided by the Customer with unrestricted entry and approach. Where the ground is soft or otherwise unsuitable the Customer shall supply and lay an appropriate temporary roadway in a suitable position for loading and unloading and for the Event Hire Equipment to rest on. The driver of the vehicle delivering or collecting the Event Hire Equipment may refuse to drive onto ground which the driver considers is unsuitable so as to put the driver’s vehicle and/or Event Hire Equipment at risk.
(ii) The Customer shall deliver to AMP HIRE Ltd at least 7 days prior to the first date of the period of hire specified in the Event Hire Contract, a plan of the Site, and AMP HIRE Ltd reserves the right to cancel any Agreement in the event that AMP HIRE Ltd, in its sole discretion considers the Site, or access to the Site to be unsuitable for the Event Hire Equipment. In the event of suck cancellation, the Customer shall still require to pay AMP HIRE Ltd the rental charge for the full period of hire specified in the Event Order Form within 28 days of receipt of the invoice from AMP HIRE Ltd.

6 LOADING AND UNLOADING
The Customer shall be responsible for the positioning of the Event Hire Equipment at the Site, and for its dismantling and reloading, and any driver or workman supplied by AMP HIRE Ltd shall be deemed to be under the control and supervision of the Customer. The Customer shall supply and bear the costs of any craneage equipment or special equipment required for the siting of the Event Hire Equipment.

7 CONNECTION AND DISCONNECTION OF MAIN SERVICES
Connection of main services on Site is the responsibility of the Customer. The Customer shall be responsible for disconnection of all services connected to the Event Hire Equipment at the time when the period of hire is determined for whatsoever cause and shall remain liable for rentals for the Event Hire Equipment for so long as such services are connected to the Event Hire Equipment. As such determination of the period of hire for whatsoever cause AMP HIRE Ltd may arrange for disconnection of such services and the cost incurred by AMP HIRE Ltd in respect thereof shall be in debt from the Customer to AMP HIRE Ltd payable immediately on demand by AMP HIRE Ltd.

8 MAINTENANCE CARE AND ALTERATIONS
(i) The Customer shall be responsible for:-
(a) Maintaining the Event Hire Equipment in the same condition it is in when delivered to the Site.
(b) Using the Event Hire Equipment in a reasonable manner; and
(c) Returning the Event Hire Equipment on termination of the Agreement in a good condition (Fair wear and tear excepted)

(ii) The Customer shall ensure that the Event Hire Equipment is cleaned regularly, and in any event, immediately prior to it being returned to or collected by AMP HIRE Ltd on termination of the Agreement, or for any other reason. In the event that any such equipment is not returned or made available for collection in a clean state, the Customer shall pay AMP HIRE Ltd, on demand, cleaning charges. Such cleaning charges shall be subject to a minimum charge of £85.00 for each item of Event Hire Equipment where such item (including any ancillary equipment supplied in respect of the Event Hire Equipment) does not comply with this Condition 8(ii).

(iii) The Customer shall in relation to all Event Hire Equipment with fixed or separate holding tanks, ensure that each such Event Hire Equipment is emptied, flushed through and cleaned of all waste materials and fluid prior to such Event Hire Equipment being returned or made available for collection for whatever reason. In the event that any such Event Hire Equipment is not returned or made available for collection in accordance with this Condition 8(ii). The Customer shall pay AMP HIRE Ltd, on demand all costs incurred by AMP HIRE Ltd in emptying, flushing and/or cleaning the Event Hire Equipment. The Customer shall also be responsible for any abortive transport costs incurred due to the non-emptying of the tanks.

(iv) The Customer is responsible for all loss of or damage to the Event Hire Equipment from whatever cause when the same arises during the period of hire (as defined in accordance with Condition 11). If the Agreement is terminated the Customer continues to be responsible for all loss of or damage to the Event Hire Equipment until the Event Hire Equipment is returned to the possession of AMP HIRE Ltd. Any loss or damage will be payable by the Customer on demand by AMP HIRE Ltd. No alteration or modification shall be carried out on the Event Hire Equipment, and the Event Hire Equipment shall not at any time be moved from the agreed position within the Site without prior written consent of AMP HIRE Ltd.

9 RIGHT OF AMP HIRE LTD TO INSPECT
The Customer shall at all times allow AMP HIRE Ltd or its agents or servants to have reasonable access to the Site to inspect, test, adjust, repair, replace or remove the Event Hire Equipment.

10 REPAIRS
(i) The Customer shall not repair or attempt to repair the Event Hire Equipment unless previously authorised in writing by AMP HIRE Ltd and shall inform AMP HIRE Ltd of any loss or damage or need of repair to the Event Hire Equipment immediately the same occurs and AMP HIRE Ltd undertakes to deal with repairs as soon as it reasonably practicable. AMP HIRE Ltd may suspend the further use thereof by the Customer until such repairs are carried out and where necessary, AMP HIRE Ltd may remove the Event Hire Equipment from the Site for the purpose of repairs. The Customer shall pay to AMP HIRE Ltd on demand, all costs and charged incurred by AMP HIRE Ltd in respect of all such repairs, including, without limitation, all costs of removing/returning the Event Hire Equipment from/to the Site.

(ii) AMP HIRE Ltd shall supply to the Customer a set of keys for each item of Event Hire Equipment (requiring keys), which shall be returned to AMP HIRE Ltd when the relevant Event Hire Equipment is retuned or otherwise made available for collection, failing which the Customer shall pay to AMP HIRE Ltd on demand, the sum of £45.00 for each set of keys which are not so returned.

(iii) For the avoidance of doubt, during any period of hire (as defined in accordance with Condition 11) the Customer shall continue to pay all rental charges for the Event Hire Equipment during any period when the Event Hire Equipment is being repaired (except and to the extent only that such Event Hire Equipment requires to be repaired as a direct result of the default of AMP HIRE Ltd, and during such period, the Event Hire Equipment is rendered unusable by the Customer).
11 PERIOD OF HIRE
The period of hire commences on the first date of the period of hire specified in the Event Hire Order Form and concludes on the first date following the date the Agreement is terminated with Condition 12. Both commencement and conclusion days are included in the period of hire. No credit is allowed on the hire of Event Hire Equipment for any holiday periods, which occur during the hire term.
12 TERMINATION
(i) Subject to Condition 12(v), where the period of hire specified in the Event Hire Order Form exceeds 28 days, this Agreement (unless otherwise specified) shall be terminable by the Customer giving AMP HIRE Ltd written notice to take effect no earlier than the end of the period of hire specified in the Event Hire Contract. The relevant notice period shall be fourteen (14) days.
(ii) Subject to Condition 12(v), where the period of hire specified in the Event Hire Contact exceeds 28 days, AMP HIRE Ltd shall be entitled to terminate this Agreement on seven (7) days written notice provided that such notice shall not expire before the end of the minimum period of hire specified in the Event Hire Contract. Such termination by AMP HIRE Ltd shall be without prejudice to AMP HIRE Ltd rights under this Agreement.
(iii) Where the period of hire specified in the Event Hire Contract exceeds 28 days, for the avoidance of doubt, the period of hire will not expire if notice has bot been given in accordance with Conditions 12(i) or 12(ii). Instead, this Agreement will continue on its existing terms and conditions (except as expressly amended herein) until either expiry of the relevant period of notice given by AMP HIRE Ltd or Customer in accordance with Conditions 12(i) or 12(ii) or until otherwise terminated in accordance with this Condition 12.
(iv) Subject to Condition 12(v), where the period of hired specified in the Event Hire Order Form does not exceed 28 days, this Agreement shall terminate on the last day of the period of hire specified in the Event Hire Contract.
(v) AMP HIRE Ltd may terminate the Agreement forthwith in the event of
(a) Failure by the Customer to comply with any of the conditions of this Agreement including, without limitations, any charges being unpaid when due;
(b) The commission by the Customer of any act of bankruptcy or the levy against the Customer of any distress or execution;
(c) The Customer entering into any composition with its creditors or (in the case of a limited company) going into receivership, administration or liquidation (other than for the purposes of amalgamation or reconstruction); or
(d) The Customer’s interest in the Event Hire Equipment is put in jeopardy or prejudiced in any way as a result of any act or omission on the part of the Customer.
(vi) If this Agreement is terminated by AMP HIRE Ltd pursuant to Condition 12(v) then, without prejudice to its other rights and remedies, AMP HIRE Ltd shall be entitled to recover all rentals due to it under the terms of this Agreement which would have been payable had AMP HIRE Ltd not terminated this Agreement (including, without limitation, rent for any minimum notice period which would have been appliable if the Customer had terminated the Agreement voluntarily) and in addition any sums recoverable under any other Conditions.

13 LOSS OR DAMAGE AND DELAY
(i) The Customer, subject to the provisions of Condition 13(v) below, accepts no liability for:-
(a) Event Hire Equipment becoming unusable or uninhabitable;
(b) Non or late delivery arising from accident or breakdown;
(c) Loss or damage to Event Hire Equipment during loading, unloading or whilst in transit.
Delay in delivery shall not be a basis for cancellation of order. AMP Hire Ltd shall have no liability for any consequential or economic loss whether arising through breach of contract, negligence or on any other common law or statutory basis.
(ii) Where Event Hire Equipment is erected by the Customer or on the Customer’s behalf, no claims for loss or damage will be met by AMP HIRE Ltd should there be any collapse or failure as a result of the Event Hire Equipment not being erected in a proper manner.
(iii) The Customer shall provide suitable foundations for the Event Hire Equipment, and AMP HIRE Ltd shall not be liable for any loss or damage due to the collapse or failure of the Event Hire Equipment due to unsuitable foundations.
(iv) AMP HIRE Ltd reserves the right to charge the Customer for all costs AMP HIRE Ltd has incurred due to the delay or cancellation of collection caused by inclement weather, or any other reason whatsoever which is outside of the direct control of AMP HIRE Ltd.
(v) In the event of total loss or destruction of any of the Event Hire Equipment, the Customer shall continue to pay the hire charges in respect of the said Event Hire Equipment for the period until the Customer has paid to AMP HIRE Ltd the full replacement value thereof (being no less than the Insurance Value specified in the Event Hire Contract), and this Condition 13(v) shall survive termination of the Agreement.
(vi) The Customer shall be liable for death or personal injury arising from its own negligence.

14 INSURANCE AND INDEMNITY
(i) The Customer shall insure and keep the Event Hire Equipment and its accessories comprehensively insured to the full replacement value thereof during the period of this Agreement against all the normal risks including loss or damage by fire, flood, accident or any other cause, and shall deliver to AMP HIRE Ltd a certified copy of such insurance from the insurer at least 30 days prior to the commencement of the period of hire specified in the Event Hire Contact (or such date as the Customer in its sole discretion may agree). Where the Customer appoints their Insurance Company to deal with the claim on their behalf, the Customer hereby irrevocably appoints AMP HIRE Ltd to be the Customers sole agents and the only persons to receive all monies payable under such insurance and to negotiate, agree or compromise with the insurers as to the amount so payable. Any insurance money payable shall be applied as follows;
(a) If the Event Hire Equipment is damaged and in the opinion of the Insurers it can be economically repaired, in making good the damage.
(b) In any other case, at the option of AMP HIRE Ltd, either in replacement by other similar Event Hire Equipment to which this Agreement shall then apply or in compensating AMP HIRE Ltd for all loss suffered as a result of the loss or damage, any surplus being paid to, and any deficiency being made up by the Customer.
(ii) The Customer shall indemnify AMP HIRE Ltd in respect of any claims made against AMP HIRE Ltd and all damages, costs and expenses suffered or incurred by AMP HIRE Ltd as a result of any claim by a third party in respect of state, condition or use of the Event Hire Equipment or in any way arising out of its leasing under this Agreement.
(iii) It is the Customer’s responsibility to insure its own contents. No liability will be accepted by AMP HIRE Ltd for any consequential loss or damage to the Customer’s contents due to any failure in the Event Hire Equipment supplied under this Agreement.
(iv) AMP HIRE Ltd accepts no responsibility whatsoever, from whatever cause, for consequential damages and for costs that the Customer claims have arisen as a result of this contract.

15 RENTAL AND PAYMENT TERMS
(i) In consideration for the hire of Event Hire Equipment, the Customer shall pay AMP HIRE Ltd all rental, delivery and collection charges specified in the Event Hire Contract, in accordance with this Agreement. Parts of a week will be charged pro rata.
(ii) In the event that the Event Hire Equipment is not collected by AMP HIRE Ltd on the last day of the said period of hire
(a) By agreement of the parties; or
(b) For reasons outwith the direct control of AMP HIRE Ltd, the Customer shall pay to AMP HIRE Ltd the additional hire charges specified in the Event Hire Contract, in accordance with the provisions of this Condition 15.
(iii) Unless otherwise specified on the Event Hire Contract, all charges specified in the Event Hire Contract shall be paid by the Customer to AMP HIRE Ltd as follows;-
(a) 50% of such charges shall be paid to AMP HIRE Ltd simultaneously on submission of the Events Hire Contract; and
(b) The balance of the remaining 50% of the charges shall be paid to AMP HIRE Ltd no later than 28 days prior to the date of the commencement of hire specified in the Event Hire Contract; and
(c) If any charges are for items of Event Hire Equipment which have been ordered less than 28 days prior to the commencement of hire specified in the Event Hire Contract, 100% of all such charges shall be paid to AMP HIRE Ltd simultaneously on submission of the Event Hire Contract.
(iv) If alterations are made to the Event Hire Contract which result in an alteration to the relevant charges, the Customer shall pay those charges to AMP HIRE Ltd prior to the commencement of the Hire.
(v) AMP HIRE Ltd reserves the right to charge the Customer, which charges shall be payable by the Customer in accordance with this Agreement, an additional charge for any deliveries or collections made on Saturdays, Sundays and regional Bank Holidays, at such rates shall be advised by AMP HIRE Ltd from time to time.
(vi) All charges are subject to value added tax which shall in addition be payable.
(vii) Should payments not be made in accordance with this Agreement, the interest shall be chargeable at 4% per annum over the prevailing base rate of the Bank of England. The Customer will also pay all charges and costs AMP HIRE Ltd incurs in the recovery of the outstanding sums due and AMP HIRE Ltd shall be entitled to retain all otherwise refundable deposits until such time as payment (and all applicable interest thereon) is made in full.
(viii) Without prejudice to Condition 13(v), the Customer shall be responsible for rental of the Event Hire Equipment and all other applicable charges for the period for the period of hire as described in Condition 11 notwithstanding that the Event Hire Equipment is returned in a damaged condition or is otherwise rendered unusable (except to the extent that such Event Hire Equipment is returned, damaged or otherwise rendered unusable due solely to the default of AMP HIRE Ltd, and AMP HIRE Ltd has failed to return, repair or replace the Event Hire Equipment within a reasonable period).
(ix) AMP HIRE Ltd shall not be responsible for any costs incurred by the Customer as a result of any delay or failure by AMP HIRE Ltd to collect the Event Hire Equipment from the Site.
(x) If following termination of the Agreement AMP HIRE Ltd fails to collect the Event Hire Equipment for any reason outwith the control of AMP HIRE Ltd, the Customer shall continue to pay AMP HIRE Ltd the rental charges specified in the Event Hire Order Form until the date on which such Event Hire Equipment is collected or otherwise removed from the Site.

16 TRANSPORT
In the event of termination of the Agreement, or in the event that the Event Hire Equipment (or any part thereof) is returned to AMP HIRE Ltd for whatsoever reason the Customer shall forthwith pay to AMP HIRE Ltd the collection charge detailed in the Event Hire Order Form, or, if no such charge is stated such charges as AMP HIRE Ltd shall actually incur in hiring cranes or transport and any other equipment for the purpose of dismantling and collected the Event Hire Equipment.

17 TITLE AND RISK5tvfggvv
Title in the Event Hire Equipment shall at all times remain in AMP HIRE Ltd. Risk in the Event Hire Equipment shall pass to the Customer on the arrival at the Site of the Event Hire Equipment and shall remain with the Customer until such time as the Event Hire Equipment is returned to AMP HIRE Ltd in accordance with the Agreement.
18 RIGHTS OF THIRD PARTIES
(i) Unless expressly stated to the contrary, the parties intend that no provision of this Agreement shall, by virtue of the Contracts (Rights of Third Parties) Act 1990, confer any benefit on not be enforceable by any person who is not a party to this Agreement.
(ii) This Agreement may be rescinded, amended or varied by the parties without notice to, or the consent of any third party even if, as a result, that third party’s right to enforce the terms of this Agreement may be varied or extinguished.

19 SUBLET
The Customer shall keep the Event Hire Equipment in the sole possession of the Customer at the Site, and not sell, assign, mortgage or let the Event Hire Equipment or any part thereof.

20 FORCE MAJEURE
Whilst every effort will be made by AMP HIRE Ltd to carry out any order accepted, the full performance of it is subject to variation or cancellation by AMP HIRE Ltd consequent of an Act of God, war strike, riots, fire, flood, lock-outs or any other labour disturbances, restrictions of the use of the transport, labour or any other cause beyond the control of AMP HIRE Ltd.

21 IDENTIFICATIONS MARKS
AMP HIRE Ltd retains the rights to affix its mark or plate on the Event Hire Equipment identifying it as AMP HIRE Ltd own property and the Customer shall not remove, deface or cover up the same.

22 ERRORS AND OMISSIONS
Whilst every endeavour is made to include all contingencies AMP HIRE Ltd cannot be held responsible for errors and omissions arising from circumstances beyond its control.

23 ENVIROMENT
A charge per single unit or module of Event Hire Equipment will be levied on the Customer by AMP HIRE Ltd for a basis clean when the unit(s) are returned to AMP HIRE Ltd. AMP HIRE Ltd reserves the right to charge the Customer all the costs incurred for employing a specialist contractor to remove and dispose of any unidentifiable/hazardous waste, returned in the Event Hire Equipment.

24 WAIVER
None of these Conditions shall be considered to be waived by AMP HIRE Ltd unless the waiver is given in writing by a director of AMP HIRE Ltd. No failure on the part of AMP HIRE Ltd to enforce any of these Conditions shall constitute a waiver of such items.

25 INVALIDITY AND SEVERABILITY
If any provision of this Agreement shall be found by any court or body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. AMP HIRE Ltd and the Customer hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.

26 APPLICABLE LAW
This Agreement shall be governed by ad interpreted according to English Law.

27 SURVUVAL OF CONDITIONS
Upon termination of the Agreement for any reason, any Condition which expressly or by implication should survive termination in order to give effect to its intention shall survive termination of this Agreement.