LAST UPDATED ON: 25/10/2024

1. DEFINITIONS

a) The “Owner” is the company, firm or person letting the Plant on hire and includes their successors, assigns or personal
representatives.
b) The “Hirer” is the company, firm, person, Corporation or public authority taking the Owner’s Plant on hire and includes their
successors or personal representatives.
c) “Plant” covers all classes of Plant, machinery, equipment and accessories thereto which the Owners agrees to hire to the
Hirer.
d) A “day” hire shall be 24 consecutive hours.
e) A “week” shall be 7 consecutive days.
f) A “Sunday” hire shall be from any hour not before 5.30pm on a
Saturday to 8.30am on the following Monday morning.

2. EXTENT OF CONTRACT

The complete contract is the document or documents that set out these conditions and all other details relevant to a particular agreement and is hereinafter referred to as “the Contract”.
The hired item(s) are those stated in the relevant Contract and are hereinafter referred to as “the Equipment”, “Plant” or “Toilets”. The Hirer is the person, firm, company, corporation, public authority or body taking the suppliers equipment on hire. The parties to the Contract are the supplier of the Equipment and the Hirer named in the Contract and where applicable any person purporting to act on behalf of the Hirer in these conditions consequential loss shall include any loss of contracts or loss of profits whatsoever. These conditions have effect in substitution for and to the exclusion of any conditions put forward by the Hirer. This Contract shall be governed by and construed in accordance with the law of Wales.

No conditions of warranty other than specifically set forth shall be implied or deemed to be incorporated to form part of the contract.
MAXIMUM PERIOD OF CONTRACT (if Hirer is not a Limited Company) If the Hirer is an individual or partnership (including an unincorporated body of persons) and not a Limited Company then the contract will terminate not later than 3 months from the commencing date in which circumstances the Hirer shall on the eve of the last day of the said 3 months return the Plant to the Owner.

3. TITLE

to the equipment shall remain for all purposes fully vested in the Owner, unless specifically expressed in this Agreement. The expression “equipment” shall be deemed to include all equipment supplied hereunder and any part or parts thereof and all replacements, revenues, concessions and additions supplied by the Owner.

4. AVAILABILITY OF PLANT

The Plant is offered subject to being available to the Owner at the time required by the Hirer.

5. LOADING AND UNLOADING

Any demurrage charges occurred due to waiting on site or not being able to load/unload within 1 hour will be passed on and payable by the customer.

6. DELIVERY IN GOOD ORDER

The Hirer must satisfy him/herself that the Plant is in good working order and that the Plant is not damaged in any way before signing the Hire Contract Note.

7. HIRE AGREED PAYMENT TERMS

Quote is only valid for 30 Days.

On confirmation of order a 50% deposit is required. The balance is then due 14 days prior to delivery.

8. EVENT CANCELLATION POLICY

• If an event is cancelled outside of 60 days of the commencement of the load in, any deposit already paid is refundable minus an admin fee of 2% of the total contract price;
• Within 40 days of the commencement of the event, 25% is payable;
• Once the load in has commenced, the minimum charge levied will be 50% of the total bill for the whole event, dependent on costs incurred up to this point;
• From the Monday of show week 100% of the bill is payable;

9. RENT AND OTHER PAYMENTS

a) The Hirer shall (except where agreed by the Owner) pay the deposit specified in the Schedule hereunto as security for safe
custody and proper use of the equipment.
b) On collection of the equipment by the Owner or return by the Hirer (as the case may be) the Hirer shall pay the Owner (without any deduction in respect of any deposit held) the total hire charge at the weekly rate specified in the Schedule hereto or proportionate part thereof.

10. RESPONSIBILITY OF HIRER

a) Your responsibility for the equipment begins when you or your agent receive the Equipment if it is delivered to you, your responsibility begins on delivery. Your responsibilities include
safekeeping of the Equipment, and protection against the elements, theft, vandalism or improper use. You are responsible for the return of the Equipment or making clear arrangements with us for the collection of the Equipment at the end of the hire. Your responsibility ends only when the Equipment has been returned or collected and you have our unqualified receipt for all of the Equipment.
b) You will indemnify us against any and every expense, liability, financial loss, claim or proceedings whatsoever (other than the Equipment itself, which governed by conditions 13 and 14) arising out of the delivery, use, non use, repossession, collection or return of the Equipment or any part of it. The indemnity will be reduced in
proportion to the extent that such expense, liability, financial loss, claim or proceedings or death or personal injury or damage to or loss property is due to our proven negligence.
c) Unless expressly agreed in writing, the Owner is not responsible for the upkeep/cosmetic cleanliness and restocking of any equipment on hire;
d) The Owner will not accept any liability for any claim in any way caused by or resulting from Coronavirus COVID 19.
e) The Hirer shall return the Plant to the Owner at the time and date shown on the contract unless an extension of the hire has been agreed to by the Owner, prior to that time and date.
f) In case of a malfunction, the owner reserves the right to charge a call out fee in order to investigate the fault. If the fault is due to failure of the equipment through misuse (defined as anything at all being thrown into the equipment other than water and natural waste, or paper in such large quantities so as to cause a blockage) then the charge will be upheld. If the fault is a technical failure of the kit, then no charge will be levied.
g) This cause is equally relevant to liability at events where we are onsite; no responsibility shall be accepted for failure of any equipment through use that is not deemed as normal.

11. BREAKDOWN

a) Any breakdown or the unsatisfactory working of any part or the Plant must be immediately notified to the owner.
b) Full allowance will be made to the Hirer for any stoppage due to breakdown of Plant caused by the development of an inherent fault or fair wear and tear for all stoppages for normal repairs in accordance with the terms of the contract. The Hirer shall be responsible for all expenses involved arising from any breakdown and loss or damage incurred by the Owner due to the Hirers negligence, misdirection or misuse of the Plant, whether by the Hirer or by his/her servants and for the payment of the hire charges during the period the Plant is necessarily idle due to such breakdown.
c) Under no circumstances shall the Hirer repair or attempt to repair the Plant unless authorised in writing by the Owner. No allowance for hire charges or for the cost of repairs will be made by the Owner to the Hirer unless such repairs have been authorised in writing by the Owner.
d) Call Outs: If any issues occur the following will apply: Portable Facilities will send the next available technician to site, if the fault is to be found with the kit, nothing will be charged. If the fault is found to be ‘user error’ resulting in blockage, or anything else deemed out of Portable Facilities’s control, a call out fee of £200.00 will be chargeable and additional £40.00 per hour after the first 2 hours.

12. OTHER STOPPAGES

No claims will be submitted other than those allowed for under Breakdown, as herein provided, for stoppages through causes outside the Owner’s control, including bad weather or ground conditions.

13. CONSEQUENTIAL LOSSES

The Owner accepts no liability nor responsibility for any consequential loss or damage due to or arising from the breakdown or stoppage of the Plant through any cause whatsoever, or through non-arrival arising from accident or breakdown during loading, unloading or transport of the Plant or from any other beyond the Owner’s control.

14. HIRER’S RESPONSIBILITY FOR LOSS AND DAMAGE

During the continuance of the hire period the Hirer shall make good to the Owner all loss of or damage to the Plant from whatever cause the same may arise, fair wear and tear expected and except as provided in clause 10 herein and shall also fully and completely indemnify the Owner in respect of all claims by any person whatsoever for injury to person or property caused by or in connection with or arising out of the use of Plant and in respect of all costs in connection therewith under statute or common law.

15. DEFAULT BY THE HIRER

If the Hirer shall at any time:
a) Commit any breach of this agreement
b) Cause the equipment to be secured under execution or any other legal process
c) Go into liquidation or enter into any composition or arrangement with its creditors or have a receiver or manager appointed in respect of any of its assets or undertaking
d) Default in payment

then the Owner shall have the right to:
I. Terminate the Agreement forthwith
II. Reposes the equipment without notice or demand without being liable to the Hirer for any loss or damage whatsoever which may be occasioned thereby
III. Sue for and recover all rentals and interest thereon accrued due, and recover damages in respect of any loss sustained by the Owner as a result of the termination of this agreement

All remedies of the Owner whether provided by this Agreement or covered by Statute, Common Law or trade usage are cumulative and not alternative and may be enforced successively or concurrently.

16. THE OWNER RESERVES THE RIGHT

to retain the Hirer’s deposit should the Hirer commit any breach of this Agreement.

17. CARRIAGE

Hire rates do not include carriage and any expense incurred by the Owner in delivering or recovering Plant will be charged to the Hirer. Not less than 12 hour’s notice must be given to the Owner if the Hirer wishes Plant to be collected.

18. CHARGES FOR LOST PLANT

Plant not returned will be charged for at the manufacturer’s current published list prices. Hire fees continue up to the time the Owner is able to replace the lost Plant.

19. PURCHASING GOODS

If you buy goods from us, you will become responsible for loss or damage as soon as the goods are delivered to you. We own the goods until you have paid in full for all the goods we have supplied. Until we have received full payment for the goods you will hold the goods on our behalf and you must return them to us if we ask you to. We may enter any land or premises of yours, other than your home, to recover the goods.

22. PERSONAL INJURY/LIABILITY COVER

It is the Hirer’s responsibility to have cover for personal liability for personal injury/liability.

23. DAMAGE TO SITE

Portable Facilities are not responsible for any damage caused by or as a result of bad weather conditions. The Hirer will be responsible for the supply of boarding or tracking to assist with siting and de-rigging. The Hirer must take reasonable steps to ensure a clear level to site for the equipment to be sited.

24. INSURANCE AND RESPONSIBILITY FOR LOSS, STOLEN OR DAMAGED EQUIPMENT

The Hirer agrees to pay the Supplier the full replacement cost of any Equipment, which is lost, stolen, or damaged beyond economic repair and should insure the goods on this basis. All monies received by the Hirer from an Insurance Company or from any other source in settlement of any claim relating to the loss, theft, or damage of the Equipment shall to the extent that any payment is due to the supplier under this condition be held in trust by the Hirer and paid to the Supplier on demand. The Hirer shall not compromise any claim without express consent of the Supplier.

25. NON RETURNED, LOST, STOLEN, DAMAGED OR UNCLEAN EQUIPMENT

The Hirer accepts full responsibility for the care and safekeeping and return in good order of the Equipment. The Hirer will pay to the Supplier all costs incurred by the Supplier in rectifying the condition of any Equipment returned damaged or unclean. Additionally the Hirer will pay to the Supplier a charge equating to the financial loss to the Supplier until such rectification is complete.
Where Equipment is lost or stolen or damaged beyond economic repair the Hirer accepts liability to pay for all financial loss to the Supplier until the liability referred to in Condition 12 is discharged. The Hirer’s liability under this condition shall be without prejudice to any other rights of the Supplier.

26. CONSEQUENTIAL LOSSES

The Supplier shall not be liable for any consequential losses to the Hirer including any expense liability loss claim, or proceeding whatsoever caused by or arising out of the late delivery, non-delivery, unsuitability or lawful repossession of the Equipment or any part thereof or any breakdown or stoppage of the Equipment. Nothing in this clause shall effect the statutory rights of a person dealing as a consumer as defined by the Unfair Contract Terms Act 1977 or any statutory modification thereof.

27. REMOVAL OF EQUIPMENT

Equipment must not be removed from any site originally specified by the Hirer or from any subsequently authorised site without the authority of the Supplier.

28. MAINTENANCE OF EQUIPMENT BREAKDOWN PROCEDURES AND ACCIDENT REPORTING

The Hirer will keep himself acquainted with the state and condition of the Equipment and ensure that it remains safe, serviceable, and clean. Any breakdown or unsatisfactory working of Equipment must be immediately notified to the Supplier. Under no circumstances will the Hirer repair or attempt to repair the Equipment unless authorised by the Supplier. The Equipment must be returned to the Supplier’s premises for examination except where examination elsewhere has been mutually agreed. If the Equipment is involved in any accident resulting in damage to the Equipment or other property or injury to any person the Hirer will notify the Supplier immediately.