Fine White Hire Limited Terms and Conditions for the Supply of Catering Equipment

  1. These Terms will govern the hire of Equipment by Fine White Hire Limited and set out Fine White Hire obligations and those of Fine White Hire Customers, including the arrangements for delivery, collection and the use of the Equipment.

1.1 These Terms does not affect your statutory rights.

  1. Payment

2.1 The Customer shall pay all Hire Charges, deposit, Delivery Charges and any other sums payable under the Contract to Fine White Hire in the manner agreed in the Contract.

2.2 The Customer shall pay all Hire Charges and any other sums due to Fine White Hire without any set-off, deduction, counterclaim and/or any other withholding monies.

2.3 Where hire of the Equipment is to a Customer who is acting as a Consumer and the hire would be covered by the Consumer Credit Act 1974 the duration of the Hire Period shall not exceed three months after which time the Contract shall be deemed to have automatically terminated, accordingly the Equipment is not covered by the Consumer Credit Act 1974.

2.4 Fine White Hire reserves the right to charge the full balance two weeks (14 days) prior to the date of hire.

  1. Collection, Delivery, Acceptance and Risk

3.1 Additional Delivery Charges for delivery and/or collection stated in the Contract or levied by Fine White Hire in the event that delivery and/or collection is other than to the Drop Off Point or takes longer than 60 minutes for any reason outside Fine White Hire control.

3.2 Where specified in the Contract Fine White Hire will transport the Equipment to the Site(s) in consideration of the Delivery Charges and unload the Equipment on to the Site(s) at the Drop Off Point (unless Fine White Hire agrees otherwise). Risk of damage to or loss of the Equipment shall pass to the Customer immediately upon the Equipment leaving the physical possession or control of Fine White Hire or its Carrier. If in the event that the Customer requires delivery or collection (and Fine White Hire agrees to such delivery or collection) other than to the Drop Off Point or delivery or collection takes longer than 60 minutes. Fine White Hire reserves the right to raise the Additional Delivery Charges for the additional costs it incurs as a result.

3.3 The Customer will allow and  ensure that the Drop Off Point is free from obstruction and will ensure that there is sufficient unloading space and access to and from the Site(s) and the Drop Off Point for Fine White Hire and its Carriers.

3.4 At the end of the Hire Period unless otherwise agreed Fine White Hire shall collect the Equipment at the Drop Off Point and be responsible for loading the Equipment on to Fine White Hire vehicles and transporting the Equipment from the Site(s). Risk of damage to or loss of the Equipment shall pass to Fine White Hire when the Equipment is returned to and in the physical possession or control of Fine White Hire or its Carriers.

3.5 Where the Equipment is delivered it will be deemed to have been accepted by the Customer upon such delivery and the delivery documentation produced by Fine White Hire shall be evidence of such acceptance unless the Customer indicates otherwise at the time of delivery. .

3.6 The Customer shall not deal with the ownership or interest in the Equipment including but not limited to selling, assigning, mortgaging, pledging, charging, securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending.

  1. Obligations of the Customer

4.1 The Customer will take all reasonable steps to protect the Equipment from weather, theft, vandalism or improper use.

4.2 The Customer will return the Equipment to Fine White Hire in the same condition and correctly packed as it was delivered:

4.3 If the Equipment is returned with any damage or defect to Fine White Hire the Customer will be liable to Fine White Hire for the cost of replacement of the Equipment and for the cost of the Hire Charges until such replacements have been completed.

  1. Maintaining the Equipment and reporting accidents

5.1 The Customer shall ensure that the Equipment remains safe and in working order

5.2 The Customer will inform Fine White Hire immediately if the Equipment is involved in any accident resulting in damage to the Equipment or to other property.

  1. Where the Equipment is placed

6.1 The Equipment must not be moved from any Site(s) unless agreed with Fine White Hire in writing

  1. Insurance

7.1 Fine White Hire shall have no liability to the Customer to the extent that the Customer is covered by a policy of insurance arranged as a result of the Contract and the Customer shall ensure that the Customer’s insurers waive any and all right of subrogation against FWH

7.2 The Customer shall insure the Equipment and keep the Equipment insured throughout the Hire Period ( where specified in the Contract in the joint names of the Customer and Fine White Hire) for their full replacement value as advised by Fine White Hire against all risks on a comprehensive policy without restriction or excess.

  1. Cancellation

8.1 In the event of a Force Majure –  in respect of either party, any event or circumstance which is beyond the reasonable control of that party including (but not limited to): act of God; industrial actions; war, terrorist act, civil commotion, weather or environmental problems; power failure or explosion and governmental restraint of any kind. the Customer’s obligations under the Terms shall remain unaffected.

8.2 In the event that a Contract is cancelled by the Customer between 7 and 14 days (inclusive) prior to the date the Hire Period has been agreed to commence 50% of the total amount stated in the Contract will be payable by the Customer to Fine White Hire

8.3 In the event that a Contract is cancelled by the Customer between 0 and 6 days (inclusive) prior to the date the Hire Period has been agreed to commence 100% of the total amount stated in the Contract will be payable by the Customer to Fine White Hire

8.4 Fine White Hire and the Customer agree that the amounts payable in respect of cancellation referred to in clauses 8.1, 8.2, and 8.3 above are fair and reasonable in all respects and are a genuine pre-contractual estimate of Fine White Hire losses (including loss of opportunity) arising in such circumstances.

  1. Warranties of Fine White Hire

9.1 Fine White Hire warrants that it will endeavour to ensure the Equipment is delivered and collected at the times specified. Fine White Hire can not be held liable for any losses, costs, claims or expenses arising as a result of an event of Force Majure or other circumstances beyond Fine White Hire control.

  1. Liabilities

10.1 Fine White Hire shall not be liable to the Customer for any indirect loss or any loss, damage, costs, expenses, special damages, consequential losses (including loss of profits and/or damage to goodwill), any economic and/or similar losses, business interruption, loss of business, loss of contracts and opportunity or other claims for compensation arising out of or in connection with:

(a)  any breach by the Customer of its obligations under this these Terms; or

(b)  any claims made by a third party in connection with the Equipment hired under these Terms

10.2 Fine White Hire shall not be liable to the Customer to the extent that the Customer is covered by any policy of insurance arranged as a result of the hire of the Equipment and the Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation they may have against Fine White Hire

10.3 Nothing in these Terms shall have the effect of limiting or excluding the liability of Fine White Hire for death or personal injury arising out of its negligence or otherwise as prohibited by law.

10.4 If Fine White Hire is found to be liable in respect of any loss or damage to the Customer’s property the extent of Fine White Hire liability will be limited to the retail cost of the damaged property.

10.5 Fine White Hire total liability to the Customer under and/or arising in relation to any Contract shall not exceed the total amount stated in the Contract. To the extent that any liability of Fine White Hire to the Customer would be met by any insurance of Fine White Hire then the liability of Fine White Hire shall be increased to the extent that such liability is met by Fine White Hire

  1. Indemnity

11.1 The Customer agrees to indemnify and keep indemnified Fine White Hire from and against all claims, costs, expenses (including, but not limited to, legal and other professional fees and expenses) losses, damages and other liabilities (of whatever nature, whether contractual, tortious or otherwise) suffered or incurred by Fine White Hire and arising out of or in connection with a breach of these Terms by the Customer and resulting in any claims or complaint by any third party.

  1. Termination

12.1 Fine White Hire has the right to terminate the Contract if the Customer is in breach of any of the terms of the Contract or any of these Terms; or

(a) the Customer becomes bankrupt; or

(b) the Customer acting as a company is wound up or a receiver, administrator or liquidator is appointed over all or part of your assets; or

(c) the Customer enters into any agreement with its creditors or a voluntary agreement is made which affects the Customer.

(d) In the event of Termination all monies owed by the Customer to Fine White Hire shall immediately become due and payable.

(e) or agents, any non-fraudulent misrepresentation, any breach of contract or an express or implied warranty, condition or other term, breach of statutory duty or otherwise) shall not in any event exceed the Purchase Price of the Equipment.

12.2 Fine White Hire shall not be liable to the Customer (whether by reason of any negligence by Fine White Hire or any of its employees or agents, any non-fraudulent misrepresentation, any breach of contract or an express or implied warranty, condition or other term, breach of statutory duty or otherwise) for any:

12.3 loss of profits , damage to reputation, loss of anticipated savings, loss of anticipated revenues, loss of business opportunities, loss of goodwill, action or demand made against the Customer by any third party, indirect loss, damage, cost, expense, claim or other liability whatsoever which arises out of or in connection with the purchase and subsequent use of the Equipment.

12.4 Nothing in the Sale Contract shall operate to limit or exclude the liability of Fine White Hire to the Customer for any death or personal injury caused by the negligence of Fine White Hire or any of its employees or agents, or for any other matter in respect of which liability cannot lawfully be limited or excluded.