Terms & Conditions
1. About Us
1.1 Company details.
Lifting Gear Hire Limited (company number 09888672) (We / Us / Our) is a company registered in England and Wales and Our registered office is at 120 Bolton Road, Atherton, Manchester, M46 9JZ. Our VAT number is 233891690. We operate the website www.lgh.co.uk.
1.2 Contacting Us.
To contact Us telephone Our customer service team at 03704 247 247 or email email@example.com How to give Us formal notice of any matter under the Contract is set out in clause 12.2.
2. Our contract with You
2.1 Our contract.
These terms and conditions (Terms) apply to the order by You and supply of all classes of plant, machinery, equipment and accessories (Plant) which We agree to hire to You (Contract). No other terms are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement.
The Contract is the entire agreement between Us in relation to its subject matter. You acknowledge that You have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract. The Terms contained in this Contract are to the exclusion of all other terms and conditions (including any terms and conditions which You purport to apply under any purchase order, confirmation of order, correspondence or similar document). No terms or conditions endorsed upon, delivered with or contained in Your order, specification or similar document will form part of these Terms simply as a result of a reference to such document in these Terms.
2.3 Your copy.
You should print a copy of these Terms or save them to Your device for future reference. A copy of these Terms are available at www.lgh.co.uk/terms and will be emailed to you when you as part of Your ordering process with Us.
3. Placing an order and its acceptance
3.1 Registering an account.
You will only be able to place an order through Our website once you have successfully registered an account with Us. Please follow the onscreen prompts to apply to register an account. We will then review Your application and Your credit score to ensure You meet the relevant requirements and inform You via email if You have been successful in registering an account with Us.
3.2 Placing Your order.
Please follow the onscreen prompts to place an order. Each order is an offer by You to hire the Plant specified in the order subject to these Terms.
3.3 Correcting input errors.
Our ordering process allows You to check and amend any errors before submitting Your order to Us. Please check the order carefully before confirming it. You are responsible for ensuring that Your order is complete and accurate.
3.4 Acknowledging receipt of Your order.
After You place an order, You will receive an email from Us acknowledging that We have received it, but please note that this does not mean that Your order has been accepted. Our acceptance of Your order will take place as described in clause 3.5.
3.5 Accepting Your order.
Our acceptance of Your order takes place when We send the email to You to accept it, at which point the Contract between You and Us will come into existence.
3.6 If We cannot accept Your order.
If We are unable to supply You with the Plant for any reason, We will inform You of this by email and We will not process Your order. If You have already paid for the Plant, We will refund You the full amount including any delivery costs charged as soon as possible.
3.7 Cancelling Your order.
If You would like to cancel or amend Your order, please telephone Our customer service team at 03704 247 247 as soon as possible after Your order has been placed. Once Your order has been accepted by Us or we have started preparing the Order (whichever is earlier) You will not be able to cancel or amend Your order.
4. Our Plant
4.1 The images of the Plant on Our site are for illustrative purposes only and the Plant may differ in appearance.
4.2 We reserve the right to amend the specification of the Plant if required by any applicable statutory or regulatory requirement.
5. Term, Delivery, transfer of risk and title
5.1 The Plant will be deemed to be on hire by You from such time as it is delivered to You or collected by You until such time as it is collected by Us or returned to Us in accordance with this clause 5.
5.2 Collection by You:
(a) We will contact you with a timeframe for collection, which will be within in line with the collection timeframe selected by You during the ordering process.
(b) Any time estimate for collection is approximate only and We will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the collection of the Plant (even if caused by Our negligence).
(c) You are responsible for loading and / or unloading the Plant on site and for the provision of any lifting facilities required for loading and / or unloading on site.
(d) When collecting from Our premises, You will comply with Our health and safety policy and any other applicable policies in place from time to time.
(e) Unless otherwise agreed between You and Us in writing, if You arrange transit of the Plant to and from Our premises, the Plant will be deemed to be on hire by You from the time that it is loaded until the time that it is returned and off-loaded at Our premises.
5.3 Delivery to You:
(a) We will contact You with an estimated delivery date, which will be in line with the delivery timeframe selected by You during the ordering process.
(b) Any time estimate for delivery is approximate only and We will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Plant (even if caused by Our negligence).
(c) You are responsible for loading and / or unloading the Plant on site and for the provision of any lifting facilities required for loading and / or unloading on site.
(d) Occasionally Our delivery to You may be affected by an Event Outside Our Control. See clause 11 (Events outside Our control) for Our responsibilities when this happens.
(e) Please note that no account has been taken in relation to ground loadings and it is Your responsibility to ascertain the integrity of the site with regards to this factor.
5.4 Delivery is complete once the Plant has been unloaded at the address for delivery set out in Your order or collected by You or a carrier organised by You to collect them from Us and the Plant will be at Your risk from that time.
5.5 You acknowledge that We rely on You inspecting the Plant immediately after delivery or prior to collection to ensure that it is of satisfactory quality and fit for purpose and You must satisfy Yourself that the Plant is in good working order and that the Plant is not damaged in any way before signing the delivery note. If, upon inspection, You find that the plant is not of satisfactory quality, please contact Us prior to accepting delivery or collecting the Plant and We will work with You to resolve the issue.
5.6 We will retain all ownership and title to the Plant at all times and nothing in this Contract will be taken as transferring ownership in the Plant to You. You have no rights in the Plant other than as loss bailee.
5.7 You must not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Plant and must protect the Plant against distress, execution or seizure. You will indemnify Us against all losses, damage, costs, charges and expenses that may be occasioned by any failure to observe and perform in accordance with this clause 5.7, except in the event of government requisition
5.8 Upon request, and where applicable, We will provide You with examination reports of the Plant.
5.9 Returning the Plant:
(a) You must contact Us in order to arrange the return of any Plant that You have hired at a date agreed between us. You will be charged the applicable daily charge rate until the return of the Plant is complete.
(b) If We agree to collect the Plant, the applicable collection charges will apply.
(c) The return of the Plant is complete once it has been:
(i) if delivered to Us, unloaded at Our premises; or
(ii) if collected by Us, collected by Us or a carrier organised by Us,
and will be at Your risk until such time.
(d) Upon return of the Plant, we will carry out an inspection within 7 working daya to assess for any damage to the Plant. Where it is found that damage has been caused to the Plant whist under Your risk, we will charge you a fee in relation to those damages.
(e) If You have lost / misplaced the Plant and are unable to return the same to Us, we will charge you a fee which reflects the costs incurred by us in replacing the lost / misplaced Plant.
6. Your Responsibilities
6.1 You are responsible for:
(a) the safe-keeping and maintenance of the Plant and warrant that You will (and will procure that any person designated by You to use the Plant (Operator) will) use the Plant in a workmanlike manner within the manufacturer’s rated capacity and return the Plant in equal order (fair wear and tear excepted);
(b) compliance with all laws and regulations applicable to the Plant and the work being performed by the Plant;
(c) ensuring that any instructions, guidance or training in the safe use of the Plant made available by Us is directed to the Operator of the Plant;
(d) taking all reasonable steps to keep Yourself acquainted with the state and condition of the Plant; and
(e) regularly cleaning the Plant and returning it in clean condition. If You do not do so, You will be responsible for any expense incurred by Us in cleaning the Plant.
6.2 If You use the Plant in an unsafe and unsatisfactory state, You will be solely responsible for any direct and / or indirect damage, loss, charges, expenses or accidents.
6.3 You accept full responsibility for loss or damage to the Plant however it may arise, fair wear and tear excepted. You must notify Us of any damage or loss to the Plant and make good such damage or loss in accordance with Our instructions to You.
6.4 You must notify Us immediately and confirm in writing any loss, breakdown or unsatisfactory working of the whole or part of any Plant. You must not repair or attempt to repair the Plant without Our prior written approval.
6.5 You must notify Us immediately and confirm in writing to Our registered office if the Plant is involved in any accident resulting in injury to persons or damage to property which may or has resulted in a claim and You must:
(a) at all times disclose to Us all information and documents relating to the potential claim;
(b) if requested by Us, give Us and Our advisors access to Your personnel and any records, documents, premises or chattels within Your power, possession or control to enable Us and / or Our advisors to interview such personnel and examine such records, documents, premises or chattels and to take copies of the same;
(c) take any such action as We may require to avoid resisting or compromising any claim or potential claim;
(d) make no admission, offer, promise of payment or indemnity without Our written consent; and
(e) mitigate Your loss.
6.6 You will fully indemnify Us in respect of all claims, costs, losses and expenses suffered by Us or by any person whatsoever for injury to person or property caused by or in connection with or arising out of the use of the Plant and in respect of all costs and charges in connection therewith, whether arising under statute or common law.
6.7 You will cover the indemnity given to Us in clause 6.6 by taking out a suitable insurance policy. Our interest in the Plant must be noted on the policy and in the event of loss or damage to the Plant any monies will be payable directly to Us as loss payee. You authorise Us to give a good and valid receipt in respect of such policy monies accordingly.
6.8 You will be responsible to Us for the full replacement cost at the current manufacturer’s published list price of Plant lost, stolen or damaged beyond repair and for full repair costs, including parts, labour and overhead element, on Plant damaged. This condition must be met by You notwithstanding any insurance claim which may be pending. Standing-time hire charges at full rate will be made at the discretion of Us in any instances where, in Our opinion, an unreasonable amount of time is taken to settle a claim for lost equipment.
6.9 You will permit Us and Our employees / agents access to Your premises for the purpose of inspecting and monitoring the manner and performance of Your obligations under these Terms.
7. Price of Plant and delivery / collection charges
7.1 Plant is hired on a one-week minimum basis. Thereafter a daily charge is made at one seventh of the quoted weekly rate. Both the first and the last day are inclusive. All time shall be chargeable including Saturdays, Sundays and Bank Holidays. The prices of the Plant will be as quoted on Our site at the time You submit Your order. We take all reasonable care to ensure that the prices of Plant are correct at the time when the relevant information was entered onto the system. However, please see clause 7.5 for what happens if We discover an error in the price of Plant You ordered.
7.2 Invoices are rendered monthly (or at such other frequency agreed between us) and on the termination of hire. The sums payable under these Terms are exclusive of and shall be paid together with VAT where applicable at the rates at the time being in force.
7.3 Prices for Our Plant may change from time to time, but changes will not affect any order You have already placed during the initial period agreed with You.
7.4 The price of the Plant does not include delivery / collection charges. All deliveries and collections made by Us or at Our costs will be charged extra for each separate occasion on a distance or time basis. Our delivery / collection charges are as advised to You during the check-out process, before You confirm Your order, and are calculated based on your geographical location. To check relevant delivery/ collection charges and any restrictions on areas where We are unable to deliver to or collect from, please refer to Our Delivery and Collection page www.lgh.co.uk/faqs.
7.5 It is always possible that, despite Our reasonable efforts, some of the Plant on Our site may be incorrectly priced. If We discover an error in the price of the Plant You have ordered, We will contact You to inform You of this error and We will give You the option of continuing to hire the Plant at the correct price or cancelling Your order. We will not process Your order until We have Your instructions. If We are unable to contact You using the contact details You provided during the order process, We will treat the order as cancelled and notify You in writing. If We mistakenly accept and process Your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, We may cancel supply of the Plant and refund You any sums You have paid.
8.1 You can only pay for Plant via bank transfer as instructed by Us.
8.2 Payment for the Plant for the initial term agreed with us and all applicable delivery charges is in advance and We will charge You before we despatch the Plant. We will charge you on a monthly basis (or any other agreed basis) for any additional hire period.
8.3 Time for payment shall be of the essence. No payment shall be deemed to have been received until the Company has received cleared funds in its account
9. Our liability: Your attention is particularly drawn to this clause
9.1 Except as expressly stated in this Contract, We do not give any representations, warranties or undertakings in relation to the Plant. Any representation, condition or warranty which might be implied or incorporated into this Contract by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, We will not be responsible for ensuring that the Plant are suitable for Your purposes.
9.2 References to liability in this clause 9 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
9.3 We will have no liability, obligation or duty to the You in contract, tort, statute or otherwise. Without prejudice to the generality of the foregoing, We shall not be liable to You for any consequential loss (including loss of profit, loss of business or pure economic loss), costs, damages, charges or expenses arising out of the delivery, non-delivery, loading, unloading, transport, supply or use of the Plant (even if caused by Our negligence). However, if a Court rules that We are liable for any type of consequential loss, which is not excluded by this clause, or which is deemed to be a direct loss as opposed to a consequential loss, Our liability for the same shall not exceed the amount (if any) paid to Us for any claim under Our insurance policy covering such risks. In the event that the insurance policy does not cover such risks, the liability is to be limited to the value of the Plant supplied, which caused the loss in question.
9.4 We cannot accept any responsibility nor reduce any hire charges because of strikes (whether involving Our workforce or any other workforce), bad weather conditions or any other cause outside of Our direct control.
9.5 We only supply the Plant for internal use by Your business, and You agree not to use the Plant for any resale purposes.
9.6 Nothing in these Terms limits or excludes Our liability for:
(a) death or personal injury caused by Our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 7 of the Supply of Goods and Services Act 1982; or
(d) any other liability that cannot be limited or excluded by law.
9.7 Our charges are determined on the basis of the exclusions from and limitations of liability contained in these Terms. You expressly agree that these exclusions and limitations are reasonable because of amongst other matters the likelihood that the amount of damages awardable to You for a breach by Us of these Terms may be disproportionately greater than the cost of the hire of the Plant by You.
9.8 Nothing in this Contract shall limit or affect the exclusions or limitations set out in the Website Terms and Conditions of Use.
10.1 Without limiting any of Our other rights, We may suspend the supply or delivery of the Plant to You, or terminate the Contract with immediate effect by giving written notice to You if:
(a) You fail to observe and perform under these Terms;
(b) You fail to pay any amount due under the Contract on the due date for payment;
(c) You suffer any distress or execution levied against You or make or propose to make any arrangement with Your creditors or have had a bankruptcy order made against You, have been the subject of an application for an interim order under section 253 Insolvency Act 1986 or have had an interim receiver of Your property appointed under section 286 Insolvency Act 1986;
(d) You become the subject of a voluntary arrangement under section 1 Insolvency Act 1986;
(e) You are unable to pay Your debts within the meaning of section 123 Insolvency Act 1986;
(f You have a receiver, manager, administrator or administrative receiver appointed over all or any parts of Your undertaking, assets or income, have passed a resolution for Your winding up or have a petition presented to any court for Your winding up or for an administration order;
(g) You suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of Your business;
(h) Your financial position deteriorates to such an extent that in Our reasonable opinion Your capability to adequately fulfil Your obligations under the Contract has been placed in jeopardy; or
(i) You do or cause to be done or permit or suffer any act or thing whereby Our rights in the Plant may be prejudiced or put into jeopardy.
10.2 On termination of this Contract, We will be permitted to:
(a) retake possession of the Plant and for that purpose enter into or upon any premises where the same may be; and
(b) recover from You any monies due to Us under this Contract or damages for breach thereof.
10.3 On termination of this Contract, You must return the Plant to the address specified by Us and pay by way of agreed damages:
(a) all arrears of rental and interest up to and including the date of termination;
(b) all rentals which should have been paid for the remainder of the rental period less a discount at the rate of 5 per cent per annum for accelerated payment calculated from the date of payment until the date such payment would otherwise have been made; and
(c) all other sums due from You to Us under these Terms
10.4 Termination of the Contract shall not affect Your or Our rights and remedies that have accrued as at termination.
10.5 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
11. Events outside Our control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Contract that is caused by any act or event beyond Our reasonable control, including but not limited to:
(a) government actions, war, threat of war, riot, civil disturbance, sabotage or requisition;
(b) act of God, fire, flood, epidemic or accident;
(c) import or export regulations or embargoes;
(d) labour disputes including disputes involving Our workforce or the workforce of any carrier or supplier of materials Us; or
(e) inability to obtain or delay in obtaining supplies of adequate or suitable material, fuel, parts, machinery or labour,
(each an Event Outside Our Control).
11.2 We will not be deemed to be in breach of these Terms because of any delay in performing or failure to perform any of Our obligations under the Contract due to an Event Outside Our Control.
11.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under the Contract:
(a) We will contact You as soon as reasonably possible to notify You; and
(b) Our obligations under the Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Plant to You, We will arrange a new delivery date with You after the Event Outside Our Control is over.
11.4 If an event similar to an Event Outside Our Control occurs to You and substantially impacts Your ability to comply with Your obligations under this Contract, please contact Us as soon as possible to discuss the options available.
12. Communications between Us
12.1 When We refer to "in writing" in these Terms, this includes email.
12.2 Any notice or other communication given under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first-class post or other next working day delivery service, or email.
12.3 notice or other communication is deemed to have been received:
(a) if delivered by hand, at the time the notice is left at the proper address;
(b) if sent by pre-paid first-class post or other next working day delivery service, on the second working day after posting; or
(c) if sent by email, the next working day after transmission.
12.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
12.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
13.1 Assignment and transfer.
(a) We may assign and sell Our rights under these Terms and Our rights in and to the Plant
(b) You may only assign or transfer Your rights or Your obligations under the Contract to another person if We agree in writing. You must not sub-let, lend, assign or charge the Plant or any part thereof to any third party nor allow the Plant to become a fixture on any land or property without first receiving Our written consent.
Any variation of the Contract only has effect if it is in writing and signed by You and Us (or Our respective authorised representatives).
If We do not insist that You perform any of Your obligations under the Contract, or if We do not exercise Our rights or remedies against You, or if We delay in doing so, that will not mean that We have waived Our rights or remedies against You or that You do not have to comply with those obligations.
Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5 Third party rights.
The Contract is between You and Us. No other person has any rights to enforce any of its terms.
13.6 Governing law and jurisdiction.
This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.