Terms and Conditions of Short Term Rental
These Conditions shall apply as between the Company (the owner) and the Client (the Renter) in respect of the Services provided under the Contract and no other terms shall prevail.
The “Owner” is Lowe Rental Ltd and this expression includes its successors and assignees.
The “Renter” is the company firm or person’s (as stated on the schedule to the contract) taking the owners equipment on hire and this expression includes successors, assignees or personal representatives.
“Equipment” shall include any machine or part thereof and any attachments or fittings or replacements or any other thing rented under this contract.
“Statute” means any act of Parliament/government Order, Regulation, Bye Law or other similar instrument whether national or local, including any amendment thereto or re-enactment or replacement thereof.
“Price” shall be the rate of rent for the equipment as provided on the pricing schedule, in the specified currency, and subject to the provisions of these General Terms and Conditions of Rental.
“Contract Period” is such fixed period as is stated on the schedule to this Contract.
“Rental Period” means the period of hire from the date of delivery of the Equipment up to the off-rent date; (both inclusive) all days being chargeable at the full daily rate of rental or at the weekly pro-rata depending on the length of the rental period, but subject to the stated minimum charge.
Clause headings shall not affect the interpretation of this Contract.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
A reference to a Statute is a reference to it as it is in force as at the start of the Contract Period.
A reference to writing or written includes email but not fax.
Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
Any words following the terms including, include, in particular, for exampleor any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
All variations or proposed variations of these General Terms and Conditions shall be deemed to be of no effect unless agreed in writing and signed by a Director of the Owner.
Unless the Renter notifies the Owner by telephone, fax or email within two hours of the Equipment being delivered to the site, the Equipment shall be deemed to be in good serviceable order, in accordance with the Terms of the Contract and to the Renters satisfaction.
Subject to the other provisions of this Contract, the Owner shall supply the Equipment on the delivery date and at the site stated on the Schedule of Contract for a cost as agreed by both parties.
Responsibility for loss or damage to the Equipment is accepted by the Renter from the time the Equipment is delivered to the site until it is removed from the site by, or on the instructions of the Owner. This responsibility will also apply whilst the Equipment is on site during any period prior to the commencement of the rental or after its termination whilst the Equipment is waiting collection.
The owner will:
Ensure that the commencement of the rentalall Statute regarding construction and maintenance to the Equipment have been complied with.
Service the refrigeration equipmentin accordance with the Owner’s standard Service and Preventative Maintenance Schedule if required in the Contract Schedule.
Repair or replace any item of Equipmentfailing in its normal use, as quickly as reasonably possible and during normal working hours at times to suit the convenience of the Renter.
The Owner reserves the right at its sole discretion to replace Equipment with replacement equipment of similar type, age and condition at any time during the Contract Period or rental Period and all the Terms and Conditions of this Contract shall apply equally to the replacement equipment.
The Owner reserves the right to provide equipment with dimensions which may vary and differ from specifications advertised on the website and/or within published sales literature.
The Renter agrees to use the Equipmentsolely for its intended purpose.
The Renter agrees to take all reasonable steps to maintain the ambient conditions for which the Equipment was designed and ensure that the Equipment is kept and operated in a suitable environment.
The Renter shall take such steps (including compliance with all safety and usage instructions provided by the Owner) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work.
The Renter shall make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment unless carried out to comply with any mandatory modifications required by law or any regulatory authority.
The Renter shall keep the Owner fully informed of all material matters relating to the Equipment.
The Renter shall keep the Equipment at all times at the site and shall not move or attempt to move any part of the Equipment to any other location without the Owner’s prior written consent.
The Renter shall permit the Owner or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter upon the site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection.
The Renter accepts full responsibility for any damage caused to the Equipment due to misuse, poor positioning or negligence.
The Renter shall use the Equipment as instructed by the staff of the owner or by written communication by the Owner.
The Renter shall give immediate written notice to the Owner in the event of any loss, accident or damage to the Equipment arising out of or in connection with the Renter’s possession or use of the Equipment.
The Renter shall not do or permit to be done any act or thing which will or may jeopardise the right, title and/or interest of the Owner in the Equipment.
The Renter shall not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Renter shall notify the Owner and the Renter shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Owner on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation.
The Renter shall not use the Equipment for any unlawful purpose.
The Renter shall ensure that at all times the Equipment remains identifiable as being the Owner’s property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment.
The Renter shall deliver up the Equipment at the end of the Rental Period or on earlier termination of this Contract at such address as the Owner requires, or if necessary allow the Owner or its representatives access to the site or any premises where the Equipment is located for the purpose of removing the Equipment.
Should the renter experience a problem with the product or service throughout the duration of the hire period, the Owner must be notified within 24 hours of the problem occurring in writing by email, otherwise the product and service will be deemed to the satisfaction of the Renter
The Renter accepts full responsibility to the Owner for and fully indemnifies the Owner against loss (including theft) or damage to or destruction of the Equipment suffered during the Contract Period or Rental Period as appropriate from whatever cause the same may arise, and is fully responsible to the Owner for the safekeeping of the Equipmentand its return in equal order to the Owner at the end of the Rental Period.
Where any item of Equipment is lost, stolen, destroyed or damaged beyond economical repair the Renter shall pay to the Owner on demand the full replacement value of such Equipment and a sum equivalent to any rental due and payable, and the Owner shall supply replacement Equipment to which all these General Terms and Conditions shall apply.
This Contract shall not be terminated nor shall any obligations of the Renter under this Contract be diminished only by reason of any total or partial loss of or damage to the Equipment.
The Renter accepts all liability and responsibility in respect of and shall fully and completely indemnify the Owner against, all third party claims and losses howsoever arising in respect of damage to or loss or destruction of any property or in respect of the personal injury or death of anybody in any way caused by relating to the Equipment or its use (including but not limited to the payment of all damages, costs and charges in connection therewith) except insofar as the injury or death directly results from the negligence of the owner, its employees or agents.
The Renter shall be solely responsible for and fully indemnify the Owner against all claims, demands, liabilities, losses, damages and expenses in respect of any damage to or loss or destruction of the property of the Renter or others and in respect of the personal injury or death of the Renter or his employees or contractors or other person in any way caused by or relating to the Equipment or its use except insofar as any such injury or death directly results from the negligence of the Owner its employees or agents.
The Renter must, at the Renters expense, fully insure the Equipment with a reputable insurance company for its full replacement value. The Renter must also ensure that the policy of insurance provides insurance cover unless otherwise agreed in the Contract Schedule, in respect of all the Renters liability or responsibility and indemnity to the Owner under this Contract, in respect of the Renters liability to third parties relating to the Equipment or its use and where the rental involves the carriage of the Equipment on the Renters own transport or transport arranged by the Renter, insurance for goods in transit to cover the full replacement value thereof.
The Renter shall produce the policy or policies effected hereunder for inspection by the Owner on demand (and if required the Owner’s interest to be noted on such policy) and hold the proceeds of any claim received under such policies in trust for the Owner.
The Equipment remains at all times the property of the Owner and the Renter shall have no right, title or interest in or to the Equipment (save the right to possession and use of the Equipment subject to this Contract.
The Renter shall not without the written consent of the Owner (which may be arbitrarily withheld) assign, sub-let, mortgage, charge, pledge, part with possession of or otherwise deal with the Equipment or permit it to become the subject of any lien or other security interest. The Renter shall not without the prior written consent of the Owner, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment.
No permitted sub-renting shall relieve the Hirer from liability under this Contract.
All payment shall be made within 7 days of order placement by depositing cleared funds at the Owner’s bank by the date of delivery or otherwise agreed payment date, and thereafter against the Owner’s invoices which are payable within 7 days of issue.
The Renter shall pay to the Owner (in addition to any compensation payable hereunder) all moneys due under this Contract in respect of the Owner’s cancellation policy under clause 9 and any moneys which the Owner may be liable to pay to a third party by reason of any seizure and removal.
The Renter shall pay on demand to the owner for all repairs and replacements to the Equipment.
The Contract shall be formed from the point at which the Owner issues its Rental Confirmation to the Renter. From that point onwards, the Contract shall not be capable of termination save as contemplated by this clause 9 or clause 11.
The Owner has a stringent cancellation policy for all short term rental as detailed below.
・If an order cancellation notice is received before the official order deadline; a full refund of the total order value shall be given.
・If a cancellation notice is received after the official order deadline the Renter shall be contracted to pay the full amount of the order value.
・If an order cancellation notice is received not less than 14 days before the official commencement date of the rental; a full refund of the total order value shall be given
・If a cancellation notice is received less than 14 days before the official commencement of the rental the Renter shall be contracted to pay the full amount of the order value
. Where part or all of the Renter’s order requirements are not being dispatched from the nearest Lowe Rental Ltd distribution facility, order cancellation is not authorised after the rental confirmation document has been created by the Owner and signed by the Renter.
Without prejudice to the provisions for payment hereinbefore set out, the Renter shall be fully liable to the Owner for damages for any breach of this Contract.
Save as provided below, the Owner shall not be liable to the Renter for any consequential or indirect loss or damage (including loss of profits) arising out of or in connection with the provision of any Equipment goods or services pursuant to this Contract arising out of any accident or damage howsoever caused.
Save as provided below the Owner’s maximum aggregate liability for breach of this Contract (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the Price.
Nothing in this Contract shall exclude or in any way limit:(a) either party's liability for death or personal injury caused by its own negligence;(b) either party's liability for fraud or fraudulent misrepresentation; or(c) any other liability which cannot be excluded by law.
This Contract sets forth the full extent of the Owner’s obligations and liabilities in respect of the Equipment and its hiring to the Renter. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on the Owner except as specifically stated in this Contract. Any condition, warranty or other term concerning the Equipment which might otherwise be implied into or incorporated within this Contract, whether by statute, common law or otherwise, is expressly excluded.
A short term rental is a single fixed price agreed between the Owner and the Renter, the term shall be for the rental of the Equipment for duration of the event for which the Equipment is required, termination of the rental shall become effective on the termination of the event. If the event is extended from original agreed date then the Renter shall pay pro-rata the price.
If the event is cancelled the cancellation policy (point 9) shall take precedence.
Any time or any variation to these contract terms granted by the Owner shall not limit the full rights of the Owner under this Contract.
The Owner shall not be liable for any default (or deemed to be in breach of contract) by reason of any delay due to any circumstance beyond its reasonable control.
(a) The parties will each use their reasonable efforts to negotiate in good faith and settle any major or material dispute that may arise out of or relate to the Contract, these Conditions, the Services or any breach of contract. If any such dispute cannot be settled amicably through ordinary negotiations by the respective representatives, the dispute shall be referred to the senior representatives nominated by the managing director of the owner and the Renter’s managing director who will meet in good faith in order to try and resolve the dispute.
(b) If the dispute or difference is not resolved as a result of such meetings either party may (at such meeting or within ten (10) days of its conclusion) propose to the other in writing that structured negotiations be entered into with the assistance of a neutral adviser or mediator ("the Adviser") before resorting to litigation with costs applied as directed by the mediator.
(c) If the parties fail to reach agreement in the structured negotiations within twenty one (21) days of the Adviser being appointed, either party may then refer any dispute to litigation.
The parties agree not at any time during or after the Contract Period to divulge or allow to be divulged to any person any Confidential Information relating to the business or affairs of the other party to the Contract except as permitted by law or with the other party's consent in writing.
This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party acknowledges that in entering into this Contract it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
Nothing in this Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
Each party confirms it is acting on its own behalf and not for the benefit of any other person.
At its own expense, each party shall, and shall use all reasonable endeavours to procure that any necessary third party shall, promptly execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to this Contract.
Unless it expressly states otherwise, this Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
The rights of the parties to rescind or vary this Agreement are not subject to the consent of any other person.
No failure or delay by a party to exercise any right or remedy provided under this Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Contract.
This Contract shall be governed by the laws of England and all disputes arising there from shall be subject to the exclusive jurisdiction of the English Courts, except that, where the Renter is trading solely in Scotland or N Irelandthe Owner reserves the right to pursue its claims under Scottish or Northern Irish Law and in the applicable courts.