P J Gaul & Co. Business and Hire Terms and Conditions
Definitions of Law
The “Company” is P J Gaul & Co. hereafter referred to as “Us” “We” or “The Company”
The “Customer” is the person, firm, corporate or public body, hereafter referred to as “You” or “The Customer”, hiring the equipment or services.
The “Equipment” shall mean goods, components or other items hired by the Customer and provided by P J Gaul & Co.
“Consequential Loss” shall mean loss of profits, contracts or any other consequential loss or damages whatsoever.
The contract shall be interpreted and applied in accordance with presiding law and the Parties to this contract agree to submit to the exclusive jurisdiction of regional courts.
Who is P J Gaul & Co.
The name, company registration number, registered office address and VAT number of P J Gaul & Co. the company from which the Equipment will be hired is set out in the Contract.
How to contact P J Gaul & Co.
If the customer has any questions or if the customer has any complaints, the customer should contact P J Gaul & Co. P J Gaul & Co. can be contacted by calling 07875 499259, e-mailing P J Gaul & Co, or by post at P J Gaul & Co, Little Whiterashes, Turriff, Aberdeenshire, AB53 5RA.
How P J Gaul & Co may contact the customer
If P J Gaul & Co. has to contact the customer, P J Gaul & Co. will do so by telephone or by writing to the customer at the email address or postal address the customer provides to P J Gaul & Co. in the order.
The charges due are as stated and agreed on the quotation, confirmation of booking, contract, invoice or hire form.
Hire charges commence from the date stated in the invoice or hire form and are payable for the period of hire.
Unless other arrangement has been made, equipment must be returned by 12 noon on the date specified in the contract, in a clean and working condition.
In event of a breach of these conditions or the equipment not being available for use by other customers, the customer will pay the full daily hire rate together with consequential loss.
At the discretion of P J Gaul & Co., the customer may be charged in full if an invoice, hire form or contract of hire is cancelled at any time.
All spares, tools and other additional equipment supplied with the hire must be returned, or the customer will be charged in full for their replacement.
Any legal or other charges incurred in the recovery of money or of equipment shall be paid by the customer.
All charges are payable on demand and failure to meet payment terms will result in interest being charged at 4% above the current bank rate.
If paying by credit card there will be a 3% administration fee added to your final order total.
All prices are subject to VAT at the current rate unless specified.
The hire period commences and terminates at the times specified and agreed in the quotation, confirmation of booking, contract, invoice or hire form.
Booking Fee and Payments
A 50% booking fee or booking fee charged at the discretion of P J Gaul & Co. is charged once you agree to a hire or service. All bookings fees are non-refundable.
Power to enter this Contract
The signatory to the contract warrants that they are duly authorised on the customer’s behalf to enter into the contract.
The customer’s responsibility for the equipment commences on receipt of the equipment, and terminates when the customer receives a receipt for the return of the equipment.
At no time shall the customer sell, dispose or otherwise part with control of the equipment.
It is the customer’s responsibility that everyone who uses the equipment has been instructed in its safe and proper operation and shall use the equipment in compliance with all laws and applicable regulations, including any health and safety legislation which relates to the use of the Equipment and in accordance with any operating and/or safety instructions provided to or supplied to the customer by P J Gaul & Co.
At no time will the customer allow the equipment to be misused.
The equipment must not move from the site specified in the contract without prior authorisation from P J Gaul & Co.
Where equipment requires fuel, oil and/or electricity, ensure that the proper type of fuel, oil and/or voltage is used.
The Customer will replace any fuel in the Equipment. Where the Equipment is supplied with fuel, the customer shall return the Equipment with the same or a greater amount of fuel. P J Gaul & Co. shall be entitled to charge the customer for any refuelling costs if the customer fails to comply with this.
The Customer shall not make any alteration to the Equipment (including defacing or covering up P J Gaul & Co. name plate, logo or mark)
Not without the prior written consent of P J Gaul & Co., attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building.
At no time shall the customer do or permit anything to be done which could invalidate P J Gaul & Co. insurances.
P J Gaul & Co. cannot be held responsible or liable for;
- Any financial loss, personal injury, death or damage to or loss of any property arising as a result of the use of the equipment.
- Any financial loss or loss of business caused by equipment failures, equipment misuse or failure to supply equipment or services in any circumstances.
Any electrical equipment should be used with plugs and/or sockets as fitted.
If any plugs or sockets are to be fitted, or the equipment otherwise modified by the customer, such work will be carried out by a competent person who shall also reinstate the equipment to the same original condition prior to return. Before any electrical alterations take place, written permission must first be obtained from P J Gaul & Co.
It is the responsibility of the customer at all times to provide a proper supply of electricity for use with the equipment, and ensure that the equipment is properly earthed. It is the customer’s responsibility that everyone who uses the equipment has been instructed in its safe and proper operation, and further will not allow the equipment to be misused.
The customer shall not act to compromise the serviceability of the equipment during the hire period. Under no circumstances shall the customer attempt to repair the equipment without prior authorisation from P J Gaul & Co.
Any breakdown or unsatisfactory working of equipment shall be immediately notified to P J Gaul & Co.
Any equipment found to be faulty should be reported to P J Gaul & Co. immediately – failure to do so will result in full hire charges being due. Any breakdown or unsatisfactory working of equipment shall be immediately notified to P J Gaul & Co.
The customer agrees to pay P J Gaul & Co. the full replacement cost of any equipment lost, stolen or damaged beyond economic repair.
In the case of equipment that is lost, stolen, or damaged beyond economic repair, the customer shall pay a charge at the full daily rate together with consequential loss until the equipment is replaced or paid for in full.
The customer shall insure the equipment against the above liability.
Condition of Returned Equipment
The customer is fully responsible for the care, safekeeping and return in good order of the equipment.
The customer will reimburse all costs incurred by P J Gaul & Co in rectifying the condition of any equipment returned damaged or unclean, and in addition will pay a charge at the fully daily hire rate together with consequential loss for a reasonable period until the condition is rectified.
Termination of Hire
P J Gaul & Co. shall be entitled to terminate the contract with immediate effect and to repossess the equipment at any time if the customer is in breach of these terms.
Such termination shall not affect the right of P J Gaul & Co. to recover from the customer any money due under the contract, consequential loss or damages for breach.
Equipment and Personnel Protection
It is the customer’s sole responsibility to ensure that any equipment on hire is kept free of moisture, liquid or any other contaminants that could damage the equipment.
It is the customer’s sole responsibility to ensure that adequate security measures are put in place to ensure the safety of our equipment and personnel at all times including when equipment is not in use.
Vehicles on Site
It is the customer’s responsibility to provide suitable means of access for our vehicles onto and around the site as required. There will be no off road delivery unless previously agreed.
If, in the unlikely event, the exact equipment specified on your invoice, contract or hire form is unavailable for whatever reason, P J Gaul & Co. agrees to supply equipment that is suitable for the original intended purpose.
The equipment shall at all times remain the absolute property of P J Gaul & Co. and the customer shall have no rights to the equipment.
Use of personal information
How P J Gaul & Co will use a Customers personal information.
P J Gaul & Co is the data controller of any personal information a Hirer provides to us. P J Gaul & Co will collect and process such information in order to process and fulfil an Order.
If the customer is providing personal data of another individual to P J Gaul & Co, the customer must tell that individual that the customer is providing their information to P J Gaul & Co. and show them a copy of this notice.
Compiled – 04.12.2020