Terms & Conditions April 2020
1.DEFINITIONS
1.1. “Customer” refers to the private domestic individual or corporate entity that has requested hire of Equipment or supply of services from Eastcott Estates Limited
1.2. “Equipment” means any item hired from Eastcott Estates Limited
1.3. “Site” refers to where the Equipment or Services are to be delivered at the request of the Customer.
1.4. “Owner(s)” and “Agent(s)” refers to Eastcott Estates Limited
1.5. “The Company” refers to Eastcott Estates Limited
1.6. “Vehicle” refers to the Owner’s vehicle.
1.7. “Contract” means the agreement between the Customer and the Company for the Hire of Equipment or supply of Services as specified in the Estimate or Quotation.
1.8. “Service(s)” means any activity proposed to the Customer by the Company in respect of the supply and performance or Landscaping and Gardening services for the Customer.
1.9 “Materials” means any construction materials, aggregate supplies, hardware or ironmongery.
2.0 “Green Waste” means specifically any domestic wastes that are classified under the EWC Commission Decision 2000/532/E and are considered as:
EWC Code 20.02.01 Biodegradeable waste
Other wastes may include:
EWC Code 02.01.03 Plant tissue waste
EWC Code 22.06.05 Mixtures of vegetation & Soil
EWC Code 20.02.02 Soil and Stones
EWC Code 02.01.07 Forestry
2.PARTIES
The Parties to this Contract are the Customer and Eastcott Estates Limited (The Company)
3.BASIS OF CONTRACT
3.1. Any quotation or estimate given by Eastcott Estates Limited is an indication of fees given in good faith and shall not become binding unless confirmed by Eastcott Estates Limited in writing. Eastcott Estates Limited reserves the right to vary prices at any time without notice prior to accepting an order from the Customer.
3.2. The Contract made between Eastcott Estates Limited and the Customer incorporates and is subject to these conditions and constitutes the entire agreement between the Parties, superseding all previous agreements or arrangements between the Parties. No variation to these conditions shall be binding unless agreed in writing between Parties prior to the date of the Contract.
3.3. Eastcott Estates Limited reserves the right to make any reasonable changes in the specification of the Equipment or Services which are required to conform to any applicable safety or other statutory requirements. We also reserve the right to substitute any item of Equipment or Service for an equivalent or superior item. There will be no additional charge to the Customer if Eastcott Estates Limited choose to exercise this right.
3.4. The term of hire for any Equipment shall be agreed between the parties and shall be inclusive of the day of delivery. Eastcott Estates Limited shall be entitled at its own discretion to leave the Equipment on site for longer than 7 days and to collect the Equipment at any time having given the customer notice. Hire for long periods of time may be subject to additional charges of which the Customer shall be made aware as necessary.
3.5. Where the hire of Equipment is to a Customer who is an individual and the hire would be covered by the Consumer Credit Act 1974 (as amended), the duration of the hire shall not exceed 3 months. Accordingly, the hire of any Equipment is not covered by the Consumer Credit Act 1974 (as amended).
3.6. Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a Consumer. Any provision which would be void under any consumer protection legislation or other legislation shall, to that extent have no force or effect.
4.EQUIPMENT USE WHILE ON HIRE ON PUBLIC LAND
4.1. If any Equipment delivered by Eastcott Estates Limted or its Agents is to be placed in a location other than on private property the permission of the Highway Authority may be required under Section 139 Highways Act 1980. In such circumstances, the Owner will ordinarily organise the obtaining the permission.
4.2. In the event that the Owner obtains permission under section 139 of the Housing Act 1980, the Owner shall be responsible to ensure that the permission is correct and valid for the duration of the hire of the Equipment.
4.3. The Owner and Customer (as appropriate) will ensure the observation and performance at all times of all the conditions subject to which the aforesaid permission/license is granted.
4.4. The Customer will ensure that at the time of collection the Equipment will be accessible at street level. In the event that it proves impracticable to deliver or collect Equipment because of inadequate access to the Equipment, the Customer shall be liable to pay Eastcott Estates Limited the abortive delivery or collection costs incurred.
5.WARRANTIES GIVEN BY CUSTOMER FOR EQUIPMENT ON HIRE
The Customer warrants:
5.1. that it will take reasonable care of the Equipment, only use it for its proper purpose in a safe and correct manner, notify Eastcott Estates Limited immediately after any loss and/or damage to the Equipment and keep the Equipment at all times in its possession and control.
5.2. that it will take adequate and proper measures to protect the Equipment from theft, damage and /or other risks and will return the Equipment in good working order and condition (fair wear and tear excepted.
5.3. that it will not continue to use the Equipment where it has been damaged (other than usual wear and tear of the Equipment) and will notify Eastcott Estates Limited immediately if the Equipment is involved in an accident resulting in damage to the Equipment, other property and/or injury to any person.
5.4. that if the Equipment is returned in a damaged, unclean and/or defective state (except where due to fair wear and tear), the Customer shall be liable to pay Eastcott Estates Limited: (i) for the cost of any repair and/or cleaning required to return the Equipment to a condition fit for re-hire and (ii) the hire charges until such repairs and/or cleaning have been completed.
5.5. that it will pay to Eastcott Estates Limited the replacement cost on a new for old basis of Equipment which is lost, stolen and/or damaged beyond economic repair while on hire less the amount paid to Eastcott Estates Limited under any policy of insurance taken out in accordance with these conditions. The Customer shall further pay to Eastcott Estates Limited the hire charges for the Equipment until Eastcott Estates Limited has been paid the amount representing the replacement cost of the Equipment.
5.6. That it will notify Eastcott Estates Limited of any change of its address and upon request provide details of the location of the Equipment and permit Eastcott Estates Limited at all reasonable times to inspect the Equipment including procuring access to any property where the Equipment is situated.
6. INDEMNITIES GIVEN BY THE CUSTOMER IN RELATION TO EQUIPMENT ON HIRE
6.1. The Customer agrees that it shall indemnify Eastcott Estates Limited in respect of all losses suffered by Eastcott Estates Limited as a consequence of:
6.1.1. The Customer requiring Eastcott Estates Limited or its subcontractors to use Vehicles to deliver or collect the Equipment or deliver Services off road where damage is caused to the Vehicle, to the Equipment or to property of any third party or of the Customer and including damage to road margins and pavements unless the damage is caused by the negligence of the driver of the Vehicle.
6.1.2. Damage to or loss of the Equipment while on hire to the Customer which shall include damage howsoever caused but excepting fair wear and tear.
6.1.3. All claims for injuries to persons or damage to property arising out of use of the Equipment while on hire.
6.1.4. Any breach of these Conditions by the Customer.
6.2. The Customer shall indemnify Eastcott Estates Limited for any surcharges charged by the Owner as a results of the Customer’s use of the Equipment.
7.LIMITATION OF LIABILITY OF EASTCOTT ESTATES LIMITED
7.1. If Eastcott Estates Limited is found to be liable in respect of any loss or damage to the Customer’s property, the extent of their liability will be limited to the trade cost of replacement of the damaged property.
7.2. The Customer shall give Eastcott Estates Limited a reasonable opportunity to remedy any matter for which Eastcott Estates Limited is liable before the Customer incurs any costs and/or expenses in remedying in the matter itself. If the Customer does not do so, Eastcott Estates Limited shall have no liability to the Customer.
7.3. Eastcott Estates Limited shall have no liability to the Customer if any monies due in respect of the hire of Equipment or the delivery of Services has not been paid in full by the due date for payment.
7.4. Eastcott Estates Limited shall have no liability to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against Eastcott Estates Limited.
7.5. Eastcott Estates Limited shall have no liability to the Customer for any consequential losses (including loss of profits and /or damage to goodwill), economic and /or other similar losses, special damages and other direct and indirect losses or for business interruption, loss of business or loss of opportunity.
7.6. Eastcott Estates Limited shall use its reasonable commercial endeavours to ensure the Equipment arrives or the Services are delivered when the Customer requires delivery. Any approximate times given by Eastcott Estates Limited are estimates only and Eastcott Estates Limited shall not be liable for any delay in delivery of the Equipment or Services howsoever caused. Time for delivery of the Equipment or Services shall not be of the essence. Eastcott Estates Limited shall not, in any event, be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of its obligations in relation to the Contract if the delay or failure is due to any cause beyond Eastcott Estates Limited reasonable control.
7.7. Nothing in this Contract shall exclude or limit the liability of Eastcott Estates Limited for death or personal injury due to its negligence or any other liability which it is not permitted to exclude or limit as a matter of law.
8.PRICE AND PAYMENT
8.1. The customer can only pay by credit or debit card. Cash may be accepted by prior arrangement. Payment for the Equipment and all applicable delivery charges is in advance. Payment arrangements for Services will be on a case by case basis as notified to the Customer in the Estimate or Quotation. In the event that there are any surcharges (such as disposal of restricted items, etc.) or wasted journey charges, the Customer shall be liable to pay these fees and Eastcott Estates Limited shall contact the Customer to arrange further payment.
8.2. Any payment made by the Customer shall be deemed conclusive proof of entitlement to payment for the relevant invoice(s) and shall be treated by the Customer as an admission accordingly.
8.3 Upon written or verbal acceptance of the Quotation or Estimate for Services the Customer shall pay a 50% deposit. When the 50% deposit fee is credited to the Company bank account Eastcott Estates Limted will agree a start date for the delivery of the Services.
9.CANCELLATION AND REFUND
9.1. Cancellation of Hire Equipment: You may cancel your order for Hire Equipment by giving us notice via email, telephone or written letter 24hrs before the start of the hire period. If you have not notified us 24hrs before the start of the hire period that you wish to cancel the full hire charges will apply.
9.2. If you cancel an order under 9.1 and you have made any payments in advance for equipment that has not been delivered to you, Eastcott Estates Limited shall refund those amounts to you less any card processing fees reasonably incurred.
9.3 Cancellation of Services: When the Customer agrees, either verbally and or in writing, to the supply of Services (as detailed in the Estimate or Quotation) a Contract is established. The Customer shall have a period of 14 days from the date of that agreement in which to cancel the Contract and receive a full refund of the 50% deposit fee and the Contract will be deemed null and void. Once the 14 day ‘cooling off’ period has elapsed and should a Customer then wish to cancel a Contract any refunds will be at the discretion of Eastcott Estates Limted.
9.4 A cancellation of Services must be made in writing and delivered via post or email. Eastcott Estates Limited must be in receipt of your written cancellation request least 14 days before the Contract is due to start. If a request for the cancellation of the Contract is made within the 14 day period before a Contract is due to start a Cancellation fee of 50% of the Estimate or Quotation total will be incurred.
10.EQUIPMENT HIRE TERMINATION BY NOTICE
10.1. If the period of hire has a fixed duration neither the Customer nor Eastcott Estates Limited shall be entitled to terminate the Contract before the expiry of that fixed period unless agreed with the other party. If the period of hire does not have a fixed duration either the Customer (subject to clause 9.1) or Eastcott Estates Limited is entitled to terminate the Contract upon giving to the other party any agreed period of notice (if no period of notice has been agreed, the default notice period shall be 1 working days’ notice in writing).
10.2. In the event that the Contract for Hire is terminated the Customer shall pay to Eastcott Estates Limited without deduction or set-off any sums outstanding as at the date of termination, or sums which fall due after termination which relate to the hire of the equipment (e.g. additional costs of removal of the Equipment or disposal).
11.RISK AND TITLE TO EQUIPMENT
11.1. Risk in the Equipment hired will pass immediately to the Customer when they leave the physical possession or control of Eastcott Estates Limited or its Agent. Risk in the Equipment hired will not pass back to Eastcott Estates Limited or its Agent from the Customer until the Equipment is back in the physical possession of Eastcott Estates Limited or its Agent. This shall apply even if Eastcott Estates Limited has agreed to cease charging for the hire of the Equipment.
11.2. Title in the Equipment hired remains at all times with the Owner, Eastcott Estates Limited. The Customer has no right, title or interest in the Equipment except that it is hired to the Customer. The Customer must not deal with the title or any interest in the Equipment hired. This includes but is not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, exercising a lien and/or lending.
12.GENERAL
12.1. If any term or provision in these conditions shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Conditions but the validity and enforceability of the remainder of these Conditions (amended as necessary) shall not be affected.
12.2. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
12.3. The Contract shall be governed by the Laws of England and the Customer and Eastcott Estates Limited hereby irrevocably submit to the exclusive jurisdiction of the English Courts.
12.4. In any legal proceedings between Eastcott Estates Limited and the Customer the written confirmation of the duly authorised representative of Eastcott Estates Limited as to date of delivery of the Equipment and the date of its collection by Eastcott Estates Limited or their Agent shall be conclusive evidence of the facts stated therein.
13: WARRANTY FOR THE SUPPLY OF MATERIALS
13.1 Should the materials used in the supply of Services develop a fault Eastcott Estates warrants to repair or replace the materials with a suitable alternative for a period of 12 months from the date of the installation. By virtue of its natural qualities materials such as timber may be affected by climate and normal changes to the product will not render it faulty. The Customers statutory rights are not affected. The Customer shall notify Eastcott Estates Limited in writing and within the Warranty period of any claim made under the terms of this warranty.
