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Terms & Conditions of Hire

1. Definitions

"TPS" means Temporary Power Solutions, a trading name of SBH Electrical Ltd, registered in England and Wales.

"Hirer" means the company, firm or individual named in the hire agreement or enquiry, including their successors and personal representatives.

"Equipment" means all distribution boards, cables, jumpers, generators, lighting, accessories and ancillary items hired by the Hirer from TPS.

"Hire Period" means the period commencing when the Equipment leaves TPS premises and ending when it is returned to and received by TPS in full.

"Hire Charges" means the charges payable for the hire of Equipment as set out in the quotation or order acknowledgment.

"Delivery" means the physical transfer of Equipment to the Hirer at the agreed delivery address.

"Risk Period" means the Hire Period during which the Equipment is in the Hirer's possession, custody or control.

"Minimum Hire Period" means the minimum period stated in the quotation, or where not stated, one (1) full day.

2. Basis of Contract

These Terms and Conditions govern all hires of Equipment by TPS to the Hirer and supersede all prior representations, warranties and understandings, whether oral or written. No variation shall be effective unless agreed in writing by an authorised representative of TPS. Acceptance of Delivery, commencement of use, or payment of any invoice shall constitute acceptance of these Terms.

3. Quotations & Orders

All quotations are valid for fourteen (14) days from issue unless otherwise stated. TPS reserves the right to withdraw or amend any quotation prior to written acceptance. All orders are subject to Equipment availability. TPS shall not be liable for any loss arising from its inability to fulfil an order due to unavailability.

4. Hire Charges & Payment

1. Hire Charges are as stated in the quotation or invoice. All charges are exclusive of VAT, which shall be payable at the applicable rate.
2. The Hire Charges are fixed for the Minimum Hire Period. If the Hirer returns Equipment before the Minimum Hire Period has elapsed, the full Minimum Hire Period charges remain payable.
3. Unless otherwise agreed in writing, payment is due within 30 days of the invoice date. Where the Hire Period exceeds 4 weeks, TPS may invoice every 4 weeks in arrears.
4. Late payments shall attract interest at 8% per annum above the Bank of England base rate from the due date until settlement, pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
5. TPS reserves the right to require a deposit or advance payment before releasing Equipment.
6. All amounts are payable in full without set-off, counterclaim or deduction.

5. Delivery, Collection & Transport

1. TPS shall use reasonable endeavours to deliver Equipment by the agreed date, but time of delivery is not of the essence. TPS accepts no liability for any loss, cost or damage arising from late delivery.
2. Unless otherwise agreed in writing, the Hirer is responsible for unloading and loading of Equipment at the delivery address. Any TPS personnel assisting shall do so as agents of the Hirer and under the Hirer's direction.
3. Risk in the Equipment passes to the Hirer on Delivery and remains with the Hirer for the full Risk Period until Equipment is received back by TPS at its premises.
4. The Hirer shall ensure unobstructed, safe vehicle access at the delivery location. Any waiting time beyond 30 minutes caused by the Hirer may be charged at TPS's prevailing rate.
5. Unless otherwise stated, the Hirer is responsible for all transport costs to and from site.

6. Hirer's Obligations — Use & Care of Equipment

1. The Hirer confirms it has the knowledge, experience and qualified personnel to operate the Equipment safely and in accordance with all applicable laws and regulations, including the Electricity at Work Regulations 1989, Health and Safety at Work Act 1974, and any relevant British Standards.
2. The Hirer shall ensure all electrical Equipment is connected to the correct supply by a competent, qualified electrician.
3. The Hirer shall not use the Equipment beyond its rated capacity, misuse it, alter it, or make any modifications without TPS's prior written consent.
4. The Hirer shall keep the Equipment clean, secure and in good working order throughout the Hire Period and shall not remove or deface any identification plates, labels or markings.
5. The Hirer shall not sell, subhire, lend, pledge, mortgage, charge or otherwise deal with the Equipment without TPS's prior written consent.
6. The Hirer shall not move the Equipment from the delivery address without TPS's prior written consent.
7. The Hirer shall carry out daily visual inspections and report any defect, damage, breakdown or unsatisfactory working immediately to TPS by telephone, confirmed in writing.
8. The Hirer shall take all reasonable steps to secure the Equipment against theft, vandalism and damage throughout the Risk Period.

7. Breakdown & Repairs

1. Any breakdown or defect must be reported to TPS immediately. The Hirer shall not attempt to repair the Equipment or engage any third party to carry out repairs without TPS's prior written authority.
2. Breakdowns resulting from fair wear and tear, inherent defect or TPS's own fault shall be repaired by TPS at its expense with the least practicable delay.
3. Breakdowns resulting from misuse, negligence, unauthorised modification, overloading, incorrect connection, or any breach of these Terms by the Hirer shall be repaired at the Hirer's full cost, including all transport, parts and labour.
4. Hire Charges continue to accrue during any period of breakdown or downtime unless the breakdown is solely attributable to TPS.

8. Loss, Damage & Return of Equipment

1. The Hirer is liable for any loss, theft, damage or destruction of the Equipment during the Risk Period, regardless of cause and whether or not negligence is involved.
2. If Equipment is returned damaged, TPS may charge the full cost of repair. If TPS reasonably determines that repair is not practicable or cost-effective, the Hirer shall pay the full replacement cost of equivalent new Equipment.
3. If Equipment is not returned at the end of the Hire Period, the Hirer shall be liable for the full replacement cost of equivalent new Equipment, in addition to all Hire Charges accrued.
4. All Equipment must be returned in clean condition, with cables recoiled and all accessories included. TPS reserves the right to charge a reasonable cleaning or re-coiling fee where Equipment is returned in an unsatisfactory condition.
5. The Hirer must immediately notify TPS and the police of any theft of Equipment, providing TPS with a crime reference number within 24 hours.
6. In the event of any accident, loss, damage or incident involving the Equipment, the Hirer must notify TPS immediately by telephone and confirm in writing within 24 hours. No admission of liability shall be made by the Hirer without TPS's prior written consent.

9. Title & Ownership

All Equipment remains the property of TPS at all times. The Hirer acquires no title, interest or right in the Equipment other than the right to possess and use it subject to these Terms. The Hirer shall not permit any lien, charge, mortgage or other encumbrance to be placed upon the Equipment. If the Equipment is seized or threatened by any legal process, the Hirer shall notify TPS immediately and take all steps to secure its release at the Hirer's expense.

10. Insurance

1. During the Risk Period the Hirer shall, at its own expense, maintain adequate insurance covering: (a) loss of or damage to the Equipment to its full replacement value; and (b) third-party and public liability arising from use of the Equipment, for a minimum of £5,000,000 per occurrence.
2. The Hirer shall produce evidence of such insurance to TPS on demand and in any event prior to the commencement of the Hire Period. Failure to do so entitles TPS to withhold Delivery or terminate the hire.
3. Insurance proceeds relating to loss of or damage to the Equipment shall be held on trust for TPS and applied as directed by TPS.

11. Site Conditions & Access

1. The Hirer is solely responsible for ensuring that ground conditions, access routes and the delivery location are suitable and safe for the Equipment, including adequate load-bearing capacity and clear access.
2. The Hirer shall allow TPS and its authorised representatives reasonable access to the site and the Equipment at all times for the purposes of inspection, maintenance, repair, substitution or repossession.
3. TPS accepts no responsibility for damage to any surface, structure or infrastructure caused during delivery, installation or collection of the Equipment.

12. Liability & Indemnity

1. TPS's total aggregate liability to the Hirer under or in connection with the hire, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total Hire Charges paid in respect of the Hire Period to which the claim relates.
2. TPS shall not be liable for any indirect, special or consequential loss or damage, including but not limited to: loss of profits, loss of production, loss of contract, loss of revenue, or any business interruption loss, howsoever caused.
3. Nothing in these Terms excludes or limits either party's liability for death or personal injury caused by its own negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be excluded by law.
4. The Hirer shall indemnify, defend and hold TPS harmless against all losses, costs, claims, damages, expenses (including legal fees) and liabilities of any kind arising out of or in connection with: (a) the Hirer's use or operation of the Equipment during the Risk Period; (b) any breach of these Terms by the Hirer; (c) any negligence or wilful misconduct by the Hirer, its employees, agents, subcontractors or invitees; or (d) any violation of applicable law arising from the Hirer's use of the Equipment.

13. Termination

1. Either party may terminate the hire by giving not less than 48 hours written notice, subject to the Minimum Hire Period charges remaining due.
2. TPS may terminate the hire immediately without notice if: (a) the Hirer fails to pay any sum due and remains in default after 7 days' written notice; (b) the Hirer is in material breach of any of these Terms; (c) the Hirer becomes insolvent, enters administration, receivership or liquidation, or makes any arrangement with creditors; or (d) TPS has reasonable grounds to believe the Equipment is at risk of loss, damage or seizure.
3. Upon termination, all outstanding Hire Charges and other sums become immediately due and payable. TPS shall be entitled to recover the Equipment immediately and the Hirer shall provide unobstructed access for this purpose.

14. Force Majeure

Neither party shall be in breach of or liable under these Terms for any delay or failure to perform its obligations caused by events beyond its reasonable control, including acts of God, flood, fire, pandemic, government restrictions, labour disputes or failure of third-party infrastructure. The affected party shall notify the other as soon as reasonably practicable. If the force majeure event continues for more than 14 consecutive days, either party may terminate the hire without penalty.

15. Intellectual Property & Confidentiality

All intellectual property rights in the Equipment remain vested in TPS. The Hirer shall not use TPS's name, logo, trademarks or branding in any advertising, publication, social media post or press release without TPS's prior written consent. All pricing, commercial terms and proprietary information disclosed by TPS shall be treated as confidential by the Hirer.

16. Assignment

The Hirer may not assign, transfer or subcontract any of its rights or obligations under these Terms without TPS's prior written consent. TPS may assign its rights under these Terms at any time.

17. Health & Safety

The Hirer is solely responsible for ensuring safe use of the Equipment on site, including conducting and maintaining appropriate risk assessments, method statements and permit-to-work procedures. TPS's equipment is supplied in a safe condition and PAT tested prior to hire. Any advice given by TPS regarding installation, use or configuration is provided for guidance only and without liability.

18. Governing Law & Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.

19. Severance & Waiver

If any provision of these Terms is found to be invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it valid. Any failure by TPS to enforce any provision shall not constitute a waiver of that or any other provision.

20. Entire Agreement

These Terms, together with the quotation and any order acknowledgment, constitute the entire agreement between TPS and the Hirer and supersede all prior agreements, representations and understandings. These Terms shall prevail over any terms submitted by the Hirer.