Forth Containers Ltd, hereinafter referred to as ‘the Owner’, works solely on the basis of the terms and conditions set out in this document. These terms and conditions are deemed accepted upon the placing of an order or acceptance of equipment ordered. (Equipment covers all classes of containers, other equipment and accessories the Owner agrees to hire to the Hirer).
Hire Period The hire period commences on the day when the equipment is either delivered to or collected by the Hirer. The Owner is not obliged to take equipment off hire before the expiration of the agreed hire period. Notwithstanding the period of hire stated the hire period shall continue in respect of each container until it has been returned to the Owners agreed depot.
Hire Termination The Owner may without prejudice to any rights it may have in respect of any prior breach of the Hire Agreement forthwith terminate the Hire Agreement in writing and repossess the equipment in any of the following events, at the expense of the Hirer.
a) If default is made by the Hirer in paying any instalment of rent for 60 (sixty) days after it has become due to the Owner.
b) If the Hirer is in breach of any obligation contained in these Terms & Conditions
c) If a receiving order in bankruptcy is made against the Hirer or if the Hirer calls a meeting with his creditors, enters into compulsory or voluntary liquidation or if any execution or distress is levied or attempted against the Hirer.
a) The Hirer shall obtain all permissions, consents and licenses required for the equipment under any statute, regulation or bylaw and in due time comply with any conditions imposed in respect thereof.
b) The Hirer agrees that he will not move or cause to be moved the equipment from the place at which it was delivered without first obtaining the written permission of the Owner.
c) The Hirer agrees that on termination of hire to ensure the Owner or his agent has reasonable access with his vehicle for the purpose of loading the equipment.
d) Upon termination of hiring, the Hirer shall forthwith remove all goods from the equipment. Should the Hirer fail to do so, he hereby appoints the Owner or their agents to do so. The Hirer hereby authorises the Owner at its option to place such goods at any premises apparently occupied by the hirer or to sell such goods, applying the proceeds to the payment of any charges due the hirer to the Owner. The Hirer warrants that only goods owned by the Hirer will be stored in the equipment hired.
e) The Hirer hereby irrevocably authorises the Owner to enter upon any property occupied by it for the purpose of removal of equipment hired by the Hirer upon termination of the hiring.
f) The Hirer hereby indemnifies the Owner in respect to all claims or costs which may be made by any third party arising out of any action taken by the Owner pursuant to sub-clauses 3(c) and 3(d).
g) The Hirer shall not sublet loan or mortgage charge pledge or otherwise deal with the equipment and shall not part possession thereof except in the ordinary course of using them for the purpose for which they are hired to the Hirer. The Hirer shall protect the equipment against distress execution, seizure or other legal process and hereby indemnifies the Owner against all losses, claims, costs, charges and expenses that may arise due to any failure to observe this and any other clause.
h) The Hirer shall not use the equipment for storage or transport of any unprotected corrosive substance high density poorly secured materials which may corrode, oxidise, dent, contaminate, puncture, stain or damage the equipment or make any other use of the equipment subjecting them to damage by improper loading or otherwise.
i) The Hirer shall comply with all loading limitations as specified by the Owner and shall prevent excessive impact and concentrated loads.
j) The Hirer shall indemnify the Owner in full in respect of all damage to or loss of equipment howsoever arising and whether or not occasioned by negligence of the Hirer his servants or agents and in addition any liability which may be incurred by the Owner through any breach of this agreement or use or misuse of the equipment or any act of commission of the Hirer his servants or agents. Ordinary wear and tear shall not include any damage by forklift, other handling equipment or excessive loads placed upon the roof. In the event that the Hirer fails or neglects to repair damaged equipment to ISO recommendations and National or International safety regulations, including paint damage, Hirer shall be liable to the Owner for cost of such repair.
4. Equipment The Hirer acknowledges that the equipment has been inspected on their behalf (whether or not an actual inspection has taken place) and is in good condition and repair as at the date hereof and any specific claims in respect thereof shall not be considered by the Owner unless details of any defects are formally notified in writing to the Owner upon delivery or within 48 hours thereof.
a) The Owner warrants that it has the right to hire new storage container equipment and that they are in accordance with the CSC plate.
b) These warranties are given and accepted in substitution for any representation or warranty that may have been made and in consideration thereof all other warranties conditions or guarantees are excluded and the Hirer agrees not to rely on such prior matters.
c) Any variation of the terms shall be made in writing and signed by an authorised signatory of the Hirer and by an authorised signatory of the Owner.
d) While the Owner will endeavour to meet dates for delivery of equipment no dates or periods can be guaranteed and the Owner shall not be liable for any damage or loss howsoever arising from delays howsoever caused.
e) The equipment shall have Owners markings serial numbers and other identifying marks affixed thereto which shall not be obliterated or altered in any way.
Delivery The Hirer shall pay for any service charges such as delivery and redelivery of the container from the depot of the Owner to the premises of the Hirer at the current rate charged by the Owner from time to time. Waiting time will be at the cost of the Hirer. The Owner reserve the right to charge the Hirer for any costs incurred due to the Hirer cancelling or postponing the delivery or collection date if the Hirer informs the Owner of the change within 48 hours of the date originally requested.
Payment The Owner’s invoices in respect of hire charges and all appropriate charges have to be paid within the agreed terms stated on the invoice and without deductions. The Owner reserves the right to amend hire rates by giving 7 days notice in writing to the Hirer at any time after the minimum hire period has expired. Unless a counter claim is recognised by Owner the Hirer cannot offset any charge from amount due to Owner. If default is made by the Hirer in paying any instalment of rent/charges relating to the hire, delivery haulage etc., for 60 (sixty) days after it has become due to the Owner, the Owner reserves the right to collect payment from the Hirer’s credit / debit card details of which having been provided at the time of hiring the equipment.
Handling Equipment is to be handled by proper ISO container lifting equipment or forklift using the available fork pockets only.
Insurance: Container Insurance The Hirer shall at all times and at its own expense insure and keep insured the equipment which are subject to this agreement for an amount equal to the replacement value of each container as stated including all taxes duties and other payments which may be incidental to any replacement, and against all risks such as physical loss damage theft, and total destruction. The Hirer upon demand from the Owner shall produce such policies to the Owner with a current premium receipt. All policies of insurance shall contain an endorsement referring to the Owners Ownership of the equipment.
In the event of loss, theft or destruction of any container or the damage thereto which the Owner in its sole discretion shall determine is not repairable the Hirer shall be liable to the Owner for full replacement value of the container. Per Diem rental charges shall continue until the Owner receives the full replacement payment.
Contents Insurance The insurance of the contents of the equipment is the responsibility of the Hirer. The Owner shall not be responsible, whether in negligence or otherwise, for loss or damage or deterioration of any goods stored in the equipment, howsoever caused.
Jurisdiction. This is based upon the location of the Owners premises. If the premises are located in (a) England and Wales this document shall be construed and interpreted in accordance with the Laws of England; or (b) Scotland, this document shall be construed and interpreted in accordance with the laws of Scotland.