STUBBINGS BROS LTD
General Conditions of the Hiring Of Goods and Conditions of Sale.
 
These terms are specific to hire agreements are in addition to our standard terms and conditions, available here
 
1. Definitions
  • Contract — the document or documents that set out these conditions and all other details about your agreement with us.
  • We, us — Stubbings Bros Ltd., Chale Green, Ventnor, Isle of Wight.
  • You — the person, firm, company or other organisation hiring the goods from us.
  • Goods — any item of equipment or machinery.
  • These conditions override any terms you may have put forward, unless we have agreed to any other conditions in writing.
  • These conditions do not affect your rights as a person dealing as a consumer, not for business purposes.
  • English law will govern the contract.
 
2. Our charges
a. Charges for hiring goods
You must pay the hire charges shown in the contract. Hire charges will start at the time shown in the contract and will continue until:
• We have been informed and consented to the goods or machine being off hired
• You have returned the goods or machine to us in a clean and usable condition and we have given you a receipt for them. Which ever is earlier.
 
Hire charges are due all the time you have the goods including Saturdays, Sundays and public holidays. You must pay all the charges you owe when we ask for them.
 
b. Payment for hire
If we have agreed in writing to let you have a monthly account, you must pay all our invoices by the last day of the month following the month of invoice, or as stated on
the invoice. If you do not have a monthly account with us, you must pay when the machine or goods are returned.
c. Interest and other charges
If you do not pay any amount when it is due, we reserve the right to charge interest to the amount that is overdue. We will add interest at a rate equal to 10% above Barclays
Bank PLC base rate at the time. Charging interest will not affect any other rights we may have. You must also pay any of our reasonable expenses in recovering money or goods from you.
 
3. Delivery & collection charges
You must pay us any agreed charges for delivering or collecting the goods. If we quote carriage charges, these only cover the time needed to load or unload our vehicle at the
address you have specified. You must pay extra for any further time you cause us to spend, including if we try to follow your instructions for delivering or collecting the
goods but cannot do so because of your acts or failure to do something.
 
4. Maximum hire period (if you are not a company or corporation)
If you are not a company or corporation, the contract will end within 3 months of the beginning of the period of hire. If you have not already done so you must return the goods to us on the day before the end of the 3-month period. If you fail to do this we may charge you for any financial loss we suffer as a result.
 
5. When the contract starts
The contract comes into effect when you have placed an order and agreed to keep these conditions, and we have accepted your order.
 
6. Safety instructions for hired goods
You must make sure that everyone who uses the goods is properly instructed on how to use them safely and correctly, and that they have all the instructions we have supplied. You must make sure the goods or machine is not misused. Any attendance to site in response to operator misuse will be chargeable.
 
7. Your responsibility when hiring goods
a. You must unload and load the goods at the address specified by you. You must also load and unload the goods at our premises when you or your agent collects or returns the goods. If we supply any person to help you, you must give him or her clear instructions when necessary.
b. You become responsible for the goods when you, or your agent, receive them. If the goods are delivered to you, this will be when your responsibility starts. Your responsibilities include protecting the goods and keeping them safe from the weather, theft, vandalism or improper use. At the end of the hire period you must return the goods unless you have made arrangements for us to collect them. Your responsibility does not end until the goods have been returned or collected and are we are able to issue a receipt for them. You must not sell or in any way give control of the goods.
c. You will be responsible for any death, injury, loss or damage caused by the goods or machine being misused while they are hired to you.
d. When hiring the Terra Spike aerator you are responsible for informing the operator of any underground services that may lie shallower than 18 inches depth. You will be responsible for all damage or loss arising from not notifying the operator of such services.
e. Any equipment used on beaches or tidal areas should not at any time be driven in saltwater. You will be responsible for all damage or loss arising from subsequent water or sand ingress or contamination.
 
8. Electrical goods
If any part of the goods is electrical, it should be used with the original plugs or sockets fitted to it. If you need to fit other suitable plugs or sockets to the goods, this must be carried out by a competent person who must who must also return the goods to their original condition. You must make sure you have a suitable supply of electricity for the goods. Never use electrical goods that are not earthed correctly unless the goods are double insulated. You must keep to all regulations which apply, including Electricity at Work Regulations 1989, while you are responsible for the goods.
 
9. Maintaining hire goods, breakdown procedures and reporting accidents
You must make sure the goods remain safe, clean and in working order. If the goods break down or are not working properly you must report this immediately. You must not repair the goods unless you are authorised by us. You must return the goods to us to examine them unless we have agreed otherwise. You must tell us immediately if the goods are involved in any accident resulting in damage to the goods or to other property, or injury to any person. You must take all necessary steps to make the goods safe and to protect them against theft or damage.
 
10. Where hired goods are placed
The hired goods must not be moved from any site agreed by us unless you have our written permission.
 
11. Limits of our liability
a. All the times we may quote for delivering or collecting are approximate.
b. We will not be liable for any delays caused by circumstances beyond our reasonable control.
c. If the goods break down or stop working properly, we will try to replace them or repair the fault as soon as reasonably possible after you have reported it to us.
d. If you hire the goods for use in a business, we will not be liable for any indirect loss or any loss of business or profits, savings you expect to make, wages, fees or expenses caused by the goods or any part of them breaking down or stopping working properly.
 
12. Insurance; payment for hired goods that are lost, stolen or damaged.
You must pay to us the cost of replacing any hired goods which are lost or stolen or damaged beyond economic repair (that is if the repair would cost more than the equipment is worth). You should ensure the goods for the replacement cost. If you receive any money as settlement of any claim relating to the damage or loss or theft of the goods, you must hold that money separately in trust for us and pay it to us when we ask you to. You must not negotiate any claim without our permission. Those persons who request and make use of our insurance cover should be aware that it covers road risks only and not actual use of the machinery. A premium will be charged for this insurance cover, set at our discretion.
 
13. Lost, stolen, damaged or unclean hired goods.
a. You are responsible for looking after the goods and returning them to us in good working order.
b. You must pay our reasonable costs of repairing or cleaning the goods if you return them damaged or unclean.
 
14. Ending the contract if you hire in the course of a business.
We may end this contract if:
• You break this contract; or
• You become bankrupt; or
• As a company, you start to be wound up or a receiver or administrator is appointed over all or part of your assets; or
• You enter into any agreement with your creditors or a voluntary agreement is made which affects you; or 
• You enter into a voluntary agreement
 
If we end the contract in these circumstances, it will end immediately and we may repossess any or all of the goods. If we end the contract, it will not affect our right to recover any money you owe us under this contract or damages we claim as a result of you breaking this contract.
 
15. Ending the contract if you hire as a private individual and not in the course of a business
If you are hiring the goods as a private individual and not in the course of a business,
we may end this contract if:
• You break this contract; or
• You become bankrupt; or
• You enter into a formal agreement with your creditors (those you owe money to)
If we end the contract in these circumstances we will work out the hire charges for the actual period you have had the goods.
 
16. Our rights of access
We may enter any land or premises where we reasonably believe the goods are. We may do this at reasonable times and after giving reasonable notice. We can only have
this access if we need to inspect, test, repair, service, replace or repossess the goods.
 
17. Separate terms
If any term in this contract cannot be enforced, this will not affect the remaining terms.
These terms are specific to hire agreements are in addition to our standard terms and conditions, available here.
 
Revised July 2019 © Stubbings Bros Ltd