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Mobile Mini UK Ltd Information Pack


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Company History …

Company History
Locations Map
Product Information
Unit Layout Drawings
Summary of Furniture
Summary of Lead Times
Health and Safety Policy
Environment Policy
Terms and Conditions

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  • 1. Information Pack
  • 2. ContentsCompany History - page 1Locations Map - page 2Product Information - pages 3-7Unit Layout Drawings - pages 8 - 18Summary of Furniture - page 19Summary of Lead Times - page 20Health and Safety Policy - page 21Environment Policy - page 22Terms and Conditions - page 23 - 26
  • 3. Company HistoryFounded in 1983, Mobile Mini is the worlds leading provider of portable storagesolutions through our lease fleet of over 290,000 portable storage and portable officeunits. We went public in 1994 and now trade on NASDAQ under the symbol MINI.We market, service and distribute our products through a network of company-ownedbranch locations in the U.S., Canada, the UK and The Netherlands and over 2,100dedicated employees. While we do have a national presence we believe it isimportant to service our customers at the local level. Each of our branch locationscan effectively service an entire region and are staffed with a local manager,salespeople, field service personnel, drivers and rental inventory.Our portable units provide storage and office space solutions to approximately102,000 customers including large and small retailers, construction companies,medical centers, schools, utilities, distributors, the UK military, hotels, restaurants,entertainment complexes and households. We have successfully grown Mobile Minibecause of our consistent attention to a number of key marketing, sales, operationaland customer service drivers. These include internal growth focus by increasingmarket awareness, product differentiation, local customer service, sales emphasis,employee retention, promotion from within and geographic expansion.We take pride in the convenience, customer service and high security products thatwe offer our customers. We are constantly looking for ways to improve our serviceand exceed expectations. We do this by investing in our most valuable resource, ouremployees. We provide training and growth opportunities for our people and a workenvironment that fosters teamwork and accountability. Many of our managers beganworking for Mobile Mini as branch salespeople or branch operational positions.It is our goal to exceed our customers and employees expectations. We are ready toserve you and look forward to demonstrating why we are redefining the portablestorage and office industry.
  • 4. Locations
  • 5. Steel Secure Storage Containers Mobile Mini’s storage rental fleet consists of refurbished ISO containers . MMI goes to great lengths to differentiate its fleet from its competitors. In fact, 65 percent of Mobile Mini’s storage rental fleet has been customised so that the salespeople can differentiate our products from a standard 20’X 8’ or 40’ X 8’ competitor’s unit. The modifications include 8’ X 8’, 10’X 8’, 16’X 8’, 20’ X 8’, 24’ X 8’, 30’ X 8’, and 40’ X 8’. Customisations also include our standard door systems, premium door systems, doors on both ends, doors on the sides, shelving and much more. We can supply the following options to suit your specific requirements: Optional Equipment 1. Shelving: • Shelving brackets can be attached to 10 gauge struts inside or outside the container. The brackets have expansion type bolts that secure when tightened. The vertical strut is either welded or expanded in place. • The brackets are built by MM, exclusively, and can be expanded to hold wood shelves from 12” - 24” in width. 2. Ramps: • Formed from 10 gauge steel. Can be used for hand dollies and some pallet jacks. • Specially coated with a sand type non-slip surface. • Also available in plastic. 3. Tri-cam Locking – Standard or Premium: • Exclusive reinforced locking bars on the inside engaging the top, bottom, and side for unequaled security. • Waist high, single lever action that activates and releases the interior reinforced locking rods. • Premium Tri-cams require no bending or twisting to open the security doors. • Standard Tri-cams require some light bending and twisting to open the security doors. They retain the exterior bars for camming abilities with the security coming from the interior reinforced security bars. 4. MM Venting System: • Designed to keep the interior of the container as close to the ambient temperature as possible. • Creates air movement that reduces heat and humidity build up. 5. MM Exclusive ContainerGuard Lock: • Made with high quality steel and tapered pins for the highest possible security. • Can be obtained keyed alike. • Drill resistant. • Damage waiver allows substantial reduction in cut-off fee. 6. Optional Doors: • MM Tri-cam Security Door for side or bulkhead installation • Roll-up Doors for side or bulkhead.
  • 6. Portable AccommodationMobile Mini has a large range of site office accommodation. The primary focus on all our equipment is security.All our product is steel construction and fitted (as standard) with 10 point locking security doors and steel windowshuttersThese units were developed to provide a high security work place. They are constructed from durable 16 gaugesteel outer skin and have the following features: 1. High Security: • Heavy duty 16 gauge steel skin • 10 point locking personnel doors • Steel window shutters • Anti pry bar door pins • Interior door locking • Easy customer access2. Standard Features: • 10 point locking personnel doors • Steel window shutters • Anti pry bar door pins • Interior door locking • Vertical sliding windows • Electric sockets and florescent lighting • Heavy duty vinyl floor covering • Fully Insulated • Easy to wipe clean Interior wall boards • Heating • Water heaters, sinks and work tops (mess rooms)3. Options: • Furniture kits (offices and mess rooms) • Work benches, dry heating and extra coat hooks (drying rooms) • Partitions4. Benefits • Highest security available • Ground level for easy access no stairs or costly ramps • Low delivery charge • No set up or leveling charges (no pads or piers) • Available in Open Plan or Combo configurationsThe various configurations of open plan and combo units allow us to meet the needs of construction andnon-construction customers alike. There are no other units in the industry with a better, more proven track recordfor security. Mobile Mini has all office site accommodation units uniformly painted neutral beige and trimmed with the MMI blue.
  • 7. Portable Accommodation & Anti Theft Tri-Cam Locking SystemMOBILE MINI STANDARD EQUIPMENT TYPES: 10’ X 8’ Open Bay Office 10’ X 8’ Mess Room 16’ X 8’ Open Bay Office 16’ X 8’ Mess Room 20’ X 8’ Open Bay Office 20’ X 8’ Mess Room 20’ X 8’ Office/ Store Split 20’ X 8’ Mess Room/ Store Split 20’ X 8’ Office/ Office Split 24’ X 9’ Open Bay Office 24’ X 9’ Mess Room 32’ X 10’ Open Bay Office 32’ X 10’ Mess Room 32’ X 10’ Office/ Office Split 20’ X 8’ Mess Room/ Office Split 2+1 Toilet, Tank and Stairs Staircases for Double StacksANTI THEFT TRI-CAM LOCKING SYSTEM The ultimate in container security. Designed for Security Mobile Mini’s Tri-Cam is designed especially for our exclusive ContainerGuard lockTM. This is a refined 4th generation security feature with over 15 years of proven field security. Noone in the portable storage industry has proven security like this! Lock Description Mobile Mini’s exclusive high security recessed Tri-Cam Locking SystemTM (patent pending) is welded to the right door and container frame. Both doors are secure because the right door overlaps the left door and the three 7/8” square locking rods slide within an all steel casing making rods virtually unaccessible to burglars. ContainerGuard Lock TM Mobile Mini’s exclusive ContainerGuard LockTM with a circular hardened steel body shields the lock from break ins. Also incorporated in the lock is a hidden 6 pin tumbler which is virtually unpickable. In combination with Mobile Mini’s Premium Tri-Cam Locking SystemTM, the container is virtually vandalproof.
  • 8. Welfare Units The versatile Welfare unit is purpose built for remote locations or sites without electricity or water connections. These secure anti-vandal units are completely self contained and designed to fulfil the welfare needs of staff for the duration of a project whilst complying with today’s health and safety legislation. Our Anti Vandal Welfare units are fitted with a unique 5 lever security lock and are available in the following dimensions: 20ft x 9ft 26ft x 10ft Canteen Canteen Toilet Toilet Drying room Drying room 700-litre water tank Single Office 800-litre effluent tank 700-litre water tank 800-litre effluent tankAll units are supplied with internal waste tanks as standard. Generators are also supplied with each cabin.GeneratorsThe CABINMASTER™ II 11.2kVA is a 1500rpm fixed speed Isuzu diesel powered single phase generatorwithsimultaneous 115V and 230V outputs. This generator has been designed specifically to meet the needs oftheWelfare Unit Markets.It has a Zintec® zinc treated steel acoustic canopy. which combined with the VSM™ isolation technologyminimises the noise and vibration transmitted to the cabin.The design and layout ensures ease of access for routine maintenance and servicing without the need toremove the generator from the cabin. The ‘single side’ approach includes all user actions includingrefuelling, coolant top up and start/stop actions.Standard 500 hour service intervals along with 270 litre fuel tank and remote start/stop options reduceuser intervention and maintenance costs.Fuel, Oil and Coolant SpecificationFuel - Diesel (SAE-J-313C No. 2-D) - Gas Oil, 35 Sec Vapourising Oil (BS2869-1970 Class A-1) Oil - Multi-grade SAE 10W-30 or SAE 15W-40 (API, CC or CD)Coolant - Water with minimum 33% antifreeze concentration
  • 9. Anti Vandal Toilet UnitsSupplied in anti-vandal steel, we are able to offer a wide range of portable toilet units.Ranging from 2+1 Male/Female Toilet Blocks to 8 bay Single Sex Toilet Blocks, our portable toilet unitscan be connected to mains waste drainage, or supplied with a separate waste holding tank to be sitedbeneath the toilet block.For sites not connected to a water supply we can provide a Bowser unit. Ourportable toilet units can be connected to mains waste drainage, or can comesupplied with a separate waste holding tank.Purpose-built portable toilet units can also incorporate shower facilities and changing rooms.All are available in secure steel and can be fitted out as male and/or female toilet blocks.Our portable toilet units can be used to replace conventional toilets, as atemporary facility during refurbishment, or as your main site facilities. • Available for hire or sale • Single mains or chemical toilets • Portable shower blocks • Male/female portable toilet blocks • Fitted with anti-frost heating, lighting and water heatersSINGLE CHEMICAL TOILET UNITSWe also provide single chemical toilet units, theseare equipped with a single WC, wash hand basinand towel dispenser.As these units are totally self-sufficient there is noneed for water or drainage mains connections.Our hire rate includes a weekly cleaning servicefor these toilet units.These toilet units comply with the Health andSafety Executive guidelines for portable sanitationrequirements.
  • 10. Optional ExtrasNot only are we the UK’s leading supplier of secure storage and portable accommodation but we can alsoprovide you with the necessary additions to create the complete storage solution:• Fence Hire• Crane Hire• Transportation• Full site set up including fence hire, generator hire, office accommodation, welfare and secure storage• Mobile repair service• Toilet holding tanks• Staircases• Full range of office furniture• Full range of appliances including microwaves, cookers and fridges.• Design package
  • 11. 20’ x 8’ Steel Store
  • 12. 2+1 WC - Mains Toilet
  • 13. 3+1 WC - Mains ToiletI 3+1 WC - Mains Toilet I
  • 14. 20’ x 9’Anti-Vandal Unit with Generator
  • 15. 26’ x 10’ Anti-Vandal Unit with Generator
  • 16. 20’ x 8’ Anti-Vandal Site Office
  • 17. 32’ x 10’ Anti-Vandal Site Office
  • 18. 20’ x 8’ Anti-Vandal Site Mess Room
  • 19. 32’ x 10’ Anti-Vandal Site Mess Room
  • 20. 32’ x 10’ Jackleg Site Office
  • 21. 20’ x 8’ Anti-Vandal Drying Room
  • 22. Summary of FurnitureOffice DeskCoat HooksPadded ChairFiling CabinetPolypropylene ChairsSink UnitNotice BoardsMini Cooker (Hire / Buy)Wall Store CupboardWater Boiler (Hire / Buy)Mess TableBenchesPolypropylene ChairsNotice Boards
  • 23. Summary of Lead TimesSteel Stores - 2 Working Days100"200"Jackleg Site Office - 5 Working Days9’0” x 12’0”9’0” x 24’0”10’0” x 32’0”Anti-Vandal Site Office/Steel Jackleg Office - 5 Working Days(Container Type)80" x 100"80" x 200"100" x 320"Anti-Vandal Drying Room - 5 Working Days(Container Type)8’0” x 10’0”8’0” x 20’0”Anti-Vandal Site Mess Room/Steel Jackleg Mess Room - 5 Working Days(Container Type)8’0” x 10’0”8’0” x 20’0”10’0” x 32’0”Anti-Vandal Unit with Generator - 3 Working Days9’0” x 20’0”10’0” x 26’0”
  • 24. Health and Safety Policy• Mobile Mini UK Ltd believes that accident prevention and a safe working environment is our number one priority. Health and Safety is recognised as an integral part of all our activities and is of paramount importance to the reputation and future growth of the organisation.• Mobile Mini UK Ltd will, by joint consultation and joint involvement of management and employees enlist the active interest, participation and support of employees in promoting good standards.• Mobile Mini UK Ltd will comply with all relevant legislation, and will exceed the minimum requirements as detailed in statutory guidance notes and approved codes of practice. The organisation`s health & safety objective is to achieve an accident free workplace.• Mobile Mini UK Ltd recognises and accepts our duty to protect the health and safety of all visitors to the company, including contractors and temporary workers, as well as members of the public who may be affected by our operations.• All employees will be provided with such equipment, information, training inclusive of induction training and supervision as is necessary to implement the policy of zero accidents• All employees, sub-contractors and vistors are expected to co-operate and assist in the implementation of the policy, whilst ensuring that their own work, so far as is reasonably practicable, is carried out without risk to themselves, others or the environment. This includes co-operating with management on any health, safety or environmental related matter.• Mobile Mini UK Ltd shall take all practical steps to ensure that potential hazards and risks are identified and that suitable and effective preventative control measures are implemented.• Sufficient resources will be allocated. These include revenue and capital expenditure, competent staff, information, specialist advice and training for all employees.• If an employee is unsure how to perform a specific job then it is the employee’s duty to report this to their supervisor. An effective health and safety management system requires continuous communication between employees at all levels. It is therefore every employee’s responsibility to report immediately any situation that they feel could jeopardise the well being of themselves or any other person. Strict disciplinary action will be taken against any employee found to be endangering the safety of themselves or others.• The Managing Director has overall responsibility for all health, safety, welfare and environmental matters. The operation of this policy and the associated procedures will be monitored and reviewed by the Safety Manager on a regular basis to ensure that they remain current and applicable to the company’s activities.• Management, and supervisory staff have the responsibility for implementing the policy throughout the organisation and must ensure that health & safety considerations including fire prevention are always given priority in the planning and day-to-day supervision of all work. Ron Halchishak Managing Director
  • 25. Environmental PolicyMobile Mini UK Ltd will conduct its activities in an environmentally responsible manner and iscommitted to the continual improvement of both external and internal environmental performanceby means of effective environmental management.Flexibility and willingness is the key to success to change, which will be achieved through theconsistent involvement of all employees in the process of continual improvement of workingsystems and practices. The Company will operate an Environmental Management System thatwill facilitate the achievement of the following Company-wide objectives and will comply with theprinciples of ISO 14001:The principles contained within this environmental policy statement are mandatory at allMobile Mini UK Sites and will be monitored by each Site Manager.• To comply with all applicable legislation and regulations and the requirements of our customers and any party having an environmental impact on the Company.• To continuously improve operational efficiency through appropriate investment in both machinery and personnel.• To continuously improve energy efficiency and waste minimisation.• To assess the environmental performance of our suppliers.• To source raw materials for environmentally friendly and renewable sources where possible.• To utilisation new technologies in reducing the carbon footprint from our companies activities and assisting our customers to reduce theirs.• To prevent pollution and maintain tidy environmentally benign sites.• To ensure that this Policy is communicated throughout the Company and to the general public by display in prominent locations.• To establish a framework for setting and reviewing environmental objectives and targets. Ron Halchishak Managing Director
  • 26. Terms and Conditions of Hire and Sale1 Hires: we are letting and you are taking on hire the equipment and accessories described overleaf (“Hire Goods”) for a minimum hire period of 4 weeks from date of delivery, unless we agree otherwise in writing. You shall not use or allow the Hire Goods to be used after the agreed hire period shown overleaf has ended. If you do, we may make additional rental charges and charge for any other reasonable expenditure we incur.2 Sales: we shall sell and you shall buy the equipment and accessories (“Sale Goods”) and/or the services (“Services”) described overleaf in accordance with the specification or description set out overleaf.3 Sales & Hires are subject to these terms and conditions (“Conditions”), which apply to the exclusion of all other terms and conditions, including any you may seek to apply. Your acceptance of delivery is conclusive evidence that you accept these Conditions, if you have not previously accepted them in writing. Any variation of these Conditions (including any special terms and conditions) shall not be binding unless it is in writing and signed by an authorised representative of ours.4 No binding contract shall exist, until we have sent you a note of our acceptance of your order, signed by an authorised representative of ours or upon delivery, whichever is the sooner. In these Conditions, “Contract” means the contract entered into in accordance with this clause.5 You may not cancel or change any order we have accepted, unless we agree in writing and on terms that you indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses we incur as a result of your cancellation or change.6 We may change the specification of Sale Goods because of changes imposed on us by our supplier or which are required to conform with any applicable laws or EC requirements or, where we are supplying to our specification, which do not materially affect their quality or performance.7 Where we supply Sale Goods or Services to your specifications or design, you are responsible for ensuring that they are safe without risk to health and comply with all applicable laws and EC requirements. You agree to indemnify us for any loss, fine, expense, award, damages, costs or penalties we incur in connection with any claim for infringement of any intellectual property rights of any other person which results from us complying with your specifications or designs.8 Hires: we will notify you of the amount and frequency of payment of each Rental. Unless otherwise agreed in writing, rental payments are quoted on the basis of a seven day week. We may increase the amount payable under the Rentals on giving you at least 7 days’ prior written notice. We will not increase those amounts during the minimum hire period set out in clause 1 above, except for a reason outside our control or because of a VAT rate increase.9 For Sale Goods and Services, the “Price” (which includes, where specifically indicated, transport, packing, insurance and additional labour costs) is the price we confirm upon acceptance of your order. We may increase the Price, to reflect any increase in our costs, by giving you notice at any time before delivery.10 We may invoice you the Price at any time on or after delivery of the Sale Goods or provision of the Services or the Deemed Delivery Date (as defined in clause 17), whichever occurs first. If you wrongfully fail to take delivery of the Sale Goods or Services, we may invoice you the Price at any time after tendering delivery.11 You shall pay the Rentals and/or the Price immediately and in full upon receipt of our invoice, unless we have agreed a credit facility, in which case you shall pay in full within 30 days of the date of invoice, unless we have agreed otherwise in writing. Any payments you send us by post are at your own risk. The Rental and the Price do not include VAT, which you shall pay in addition at same time you pay the Rentals and/or Price.12 Payment in full on the due date of all payments under this Contract is of the essence of this Contract. If you don’t make payment in full when due, we may charge you interest on the amount unpaid and claim compensation in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.13 Delivery of Hire Goods, Sale Goods and Services shall be to the place specified upon acceptance of your order. If loading or unloading takes longer than 30 minutes, you shall pay us further charges at our rates applicable at time of delivery per vehicle per extra hour or part hour over and above the first 30 minutes.14 Any delivery dates are approximate only and the time for delivery shall not be of the essence. We may deliver Sale Goods in advance of the delivery date upon giving you reasonable prior notice. Our deliveries and collections are governed by the latest edition of the standard conditions of carriage of the Road Haulage Association, which is incorporated into these Conditions by reference. If there are any inconsistencies between that edition and these Conditions, then these Conditions shall prevail.15 Where the Hire Goods or Sale Goods are to be delivered to or collected from a place other than our own premises, in respect of the Hire Goods you shall pay us the charges set out overleaf for delivery and collection, including any specified craneage, erection and dismantling charges and in respect of Sale Goods provide and pay for all unloading facilities needed for the delivery of the Sale Goods including special equipment. You shall also provide: adequate access for all necessary vehicles and equipment; a suitable hard standing structure for offloading; a suitable base for the Hire Goods to rest on; suitable site conditions to accommodate the Hire Goods throughout the duration of this Contract; any lifting or other facilities required for siting or removal of the Hire Goods. Unless otherwise agreed, you are responsible for the safe loading and unloading of Hire Goods or Sale Goods, wherever they are located, and for any damage caused as a result of such loading and unloading.16 You are responsible for connection, disconnection and suitability of mains services to the Hire Goods on the site. You shall ensure that only suitably qualified people carry out that connection or disconnection, and you shall be liable for any damage caused to the Hire Goods during connection or disconnection.17 If the supply of Sale Goods and Services includes us working on your site to fit out the Sale Goods, the Deemed Delivery Date shall be the earlier of: acceptance of the Sale Goods or Services by one of your employees or agents; our completion of the Services; any of your employees or agents entering any part of the Sale Goods to store items or carry out work; any act or omission of yours which may reasonably be described as indicating you accept the Sale Goods18 You shall meet any costs or expenses we incur arising from your failure to meet your obligations in clauses 15 and 16.
  • 27. Terms and Conditions of Hire and Sale19 You shall inspect Hire Goods and Sale Goods on delivery. If you do not give us a written notice within 24 hours of delivery, specifying any defects in the Hire Goods or defects or failure to correspond with description in the Sale Goods, it shall be conclusively presumed that they are in good condition and repair, and correspond with description, except for latent defects not apparent on reasonable inspection. You shall notify latent defects to us in writing within 24 hours of becoming aware of them. If you do not refuse delivery of Sale Goods or notify us in accordance with this clause, you shall not be entitled to reject the Sale Goods.20 If you notify us of a valid claim for a defect in accordance with clause 19, we will, at our option, either replace or repair the Hire Goods or Sale Goods (at no charge to you) as soon as is practicable or, in the case of Sale Goods, refund the Price. We shall then have no further liability to you.21 If we fail to deliver Sale Goods or any part of them for any reason, other than for any cause beyond our reasonable control or your fault, our liability is limited to the excess (if any) of the cost to you (in the cheapest available market), over the Price, of similar goods and/or services to replace those not delivered.22 If you do not take delivery of Sale Goods or fail to give us adequate delivery instructions at the time stated for delivery (other than for any cause beyond your reasonable control or your fault) then, without prejudice to any other right or remedy available to us, we may: store the Sale Goods until actual delivery and charge you for the reasonable costs of storage, including insurance; and sell the Sale Goods at the best price obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the Price or charge you for any shortfall below the Price.23 Hire Goods remain our property at all times and you have no rights in them apart from as set out in these Conditions. You shall not sell, sub-hire, charge by way of security or dispose of the Hire Goods nor allow them to be seized in satisfaction of your debts or for any other legal process. You agree to indemnify us against all losses, costs, claims, damage and expenses, howsoever occasioned by your breach of this clause.24 You are responsible for the safety, safe use, and safe keeping of the Hire Goods from the time we deliver them until the time we collect them or they are otherwise returned to us. You shall insure the Hire Goods with a reputable insurer against: any loss for at least the full cost of replacing them as new (including total loss); against damage from all risks; and against claims for injury, loss or damage caused by the Hire Goods. You shall show us proof of insurance if we ask for it. If you do not insure or show us proof of insurance when we ask for it, we may insure the Hire Goods ourselves and charge you the cost of this. You agree to reimburse us with that cost, immediately when we demand it. You shall immediately notify us of any event concerning the Hire Goods involving injury to persons or property. If you make any insurance claim relating to the Hire Goods, you shall tell us straight away. Whether covered by insurance or not, you shall not agree the settlement of any claims without our written permission. Any payment to be received in settlement of any claim on the Hire Goods must be made to us.25 You shall not remove the Hire Goods from the delivery address specified overleaf or move, lift or reset them without our prior written consent and you shall at all times keep them in your possession. You shall not make any alterations or modifications to the Hire Goods, nor remove any parts of them, nor attach anything to their walls without our prior written consent. You shall not remove, deface, alter or cover up any nameplate or other mark on the Hire Goods or any notices, which give warnings, information or instructions about the use of the Hire Goods.26 You agree to indemnify us for any loss, cost or expense we suffer, arising from your possession or use of the Hire Goods or our repossession of them under these Conditions. If you request out of hours access to Hire Goods held on our premises, we may grant such access in our sole discretion and you shall pay us a fee at our then prevailing rate for such access.27 You shall keep the Hire Goods clean, properly maintained and in the same good condition in which they were delivered to you (except for fair wear and tear and damage resulting from inherent defects). In times of severe weather, you shall take such extra precautions as may be necessary, to ensure there is no deterioration in the Hire Goods and they are not damaged.28 You shall not use Hire Goods located on our premises for anything other than storage. You shall not store in them any explosive, inflammable, combustible, toxic, dangerous, odour-emitting, illegal or perishable goods, nor any livestock.29 You shall inform us immediately if the Hire Goods fail or need repair. You shall not try to repair them. We shall carry out any necessary repair or replacement, at our sole discretion. If the failure of the Hire Goods or need for repair is caused by your misuse, negligence, or by vandalism, you shall be liable for the cost of their repair or replacement, and for any other loss or damage we reasonably incur as a result. 30 You are responsible for complying with the provisions of all statutes and the requirements of any competent authority relating to the Hire Goods and their use, and for obtaining and complying with all planning permissions, licences, permissions and approvals, necessary for your use of the Hire Goods.31 You shall permit us access to the Hire Goods at all reasonable times to inspect, repair, remove or repossess them. Where the Hire Goods are on our premises, we may move the Hire Goods to another part of our site upon our giving you reasonable notice, save in the case of emergency, when no notice shall be required.32 Risk of damage to or loss of the Sale Goods passes to you on delivery or, if you wrongfully fail to take delivery of the Sale Goods, the time we tender delivery.33 Property in the Sale Goods shall not pass from us until we have received cash or cleared funds in full from you for the Price and any other sums whatever you owe us. Until property in the Sale Goods passes to you, you shall hold the Sale Goods and each of them on a fiduciary basis as bailee for us. You shall store them (at no cost to us) on your own premises, separately from all other goods in your possession. You shall mark them so that they are clearly identified as our property. You may resell or use them in the ordinary course of your business, provided that you hold any proceeds of sale in trust for us.34 Until property in the Sale Goods passes to you, you shall, upon our request, deliver up to us such of the Sale Goods as still exist and have not been resold. If you do not do so, we may enter any premises you own, occupy or control where the Sale Goods are located and repossess them. When we make such a request, your rights of resale or use under clause 33 shall cease.35 You shall not pledge or in any way charge by way of security for any indebtedness any of the Sale Goods we own. You shall insure the Sale Goods and keep them insured to the full Price against all risks until property in the Sale Goods passes from us to you. You shall produce a copy of the policy of insurance to us whenever we request. Without prejudice to our other rights if you do so, all sums you owe us shall immediately become due and payable if you breach the terms of this clause.
  • 28. Terms and Conditions of Hire and Sale36 Except where we give you express warranties in writing or where warranties are given elsewhere in these Conditions, if you are entering the contract with us in the course of your business, we specifically exclude from the Contract all warranties, representations, terms, conditions and duties implied by law or otherwise to the fullest extent permitted by law.37 If you are dealing as a consumer (as defined in Section 12 of the Unfair Contract Terms Act 1977), but not otherwise, Hire Goods are hired to you with the benefit of undertakings about title, correspondence with description, fitness for purpose and satisfactory quality implied by the Supply of Goods and Services Act 1982. If you are an individual, the hire period shall not be more than 84 days and you shall surrender the Hire Goods up to us not later than the end of the 84th day of the hire period.38 Where you buy Sale Goods or Services under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976), your statutory rights are not affected by these Conditions.39 Except in the respect of death or personal injury caused by our negligence, or for liability for defective goods under the Consumer Protection Act 1987, we shall have no liability to you for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise) or costs expenses or other claims for compensation whatsoever (whether caused by our negligence, the negligence of our employees or agents, or otherwise) resulting from the supply or delay in supply of the Hire Goods, Sale Goods or Services to you or from their use by you or, in the case of Sale Goods, their resale by you.40 We accept no responsibility for any loss or damage to any material or equipment used on or with or stored in the Hire Goods.41 We shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure in performing any of our obligations in whole or part in relation to Hire Goods, Sale Goods or Services if the delay or failure was due to any cause beyond our reasonable control.42 Except as expressly provided in these Conditions, our total liability to you under or in connection with this Contract shall not exceed: for Hire Goods, the amount of Rental payable for the minimum period of hire shown overleaf or the sum of £1,000, whichever is higher, and for Sale Goods and Services, the Price paid by you.43 Where we have agreed a fixed hire period with you, this Contract shall end on the expiry of the fixed period.44 For Hires, notwithstanding anything contained in these Conditions, we may end this Contract by giving you 7 days written notice of termination to expire any time after the minimum period of hire has expired. You may end this Contract by 7 days written notice expiring at any time after the minimum period of hire has expired, or by 7 days written counter notice, if we give you notice during the minimum period of hire of any increase in Rental other than that occasioned by an increase in the rate of VAT or for any reason outside our control.45 We may immediately end this Contract if you do not pay any Rental for Hire Goods or the Price for Sale Goods or Services when due, or if you commit any other breach of this Contract and do not remedy it within 10 working days after we have brought it to your attention, or if you suffer a petition for a bankruptcy order to be presented, or call any meeting of your creditors, or execute any assignment for their benefit, or being a company, become insolvent, or if an order is made or a resolution is passed for your winding up, or if an administrator, administrative receiver or receiver is appointed in respect of the whole or any part of your assets or business, or if you make any composition with your creditors or take or suffer any similar or analogous action in consequence of debt.46 If we end the Contract, we may suspend any further deliveries of Sale Goods or the provision of Services without any liability to you. Any sums whatsoever due but unpaid on Hire Goods, Sale Goods or Services up to the day we end this Contract shall become immediately due and payable.47 If the Contract is for a fixed hire period, you shall, upon termination, pay us all Rentals you should have paid had the Contract continued, less a discount at the rate of 2% on each Rental from the date it would have fallen due to the date the Contract would have ended under the fixed hire.48 When this Contract terminates, you shall surrender up the Hire Goods to us in good condition (fair wear and tear excepted). Hire Goods must not be returned with any hazardous material or items in them. You shall be liable for the cost of any repairs and/or cleaning of the Hire Goods and for the disposal of any material or items (hazardous or otherwise) which you fail to remove from the Hire Goods. The date of termination shall be the date we issue an off hire note. We will issue this once the Hire Goods have been returned into our control and any repairs, cleaning or disposals for which you are responsible have been carried out. You shall be responsible for paying Rentals up to the date of issue of the off hire note. If you do not surrender up and return the Hire Goods to us, we may enter upon any of your premises or onto the premises of a third party where the Goods are located and repossess the Hire Goods, detaching or removing them if necessary from any other goods.49 We may sell or dispose of any valuables, objects or other items, which you have not removed from the Hire Goods on termination of this Contract and their return to us. We shall also have both a general and a particular lien on all items in our possession in respect of all sums you owe us at any given time. We may apply the proceeds firstly towards the cost and expense of the sale or disposal and then towards the payment of any sums you owe us. We shall pay you the balance (if any), which remains following the sale and exercise of such lien and the application of any proceeds towards payment of any sums you owe us. You shall indemnify us against all actions, proceedings, costs and claims whatsoever, and whether in contract or in tort, arising out of our sale or disposal of any such items.50 We may at any time assign the benefit of this Contract. Where you are dealing as a consumer within the meaning of Section 12 of the Unfair Contract Terms Act 1977, we will only assign the benefit of this Contract where this does not detrimentally affect your rights under it. This Contract is personal to youand you may not transfer your obligations under it. Where there is more than one of you, each of you is jointly and severally responsible for performance of this Contract.51 We are a data controller for the purposes of the Data Protection Act 1998. Any personal data you provide us will be used for the performance and enforcement of this Contract. You consent to our use of your personal data for our own marketing purposes. Where you are not an individual, you confirm that the data subject has been informed of our identity and use of its personal data and has consented to this. You agree that we may search your records at credit reference agencies, before we enter into this Contract.
  • 29. Terms and Conditions of Hire and Sale52 Any rights conferred upon third parties by reason of the provisions of the Contracts (Rights of Third Parties) Act 1999 shall be excluded.53 No waiver by us of any breach of this Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision. 54 If any provision of this Contract is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions ofthis Contract and the remainder of the provision in question shall not be affected.55 Any notice required or permitted to be given by either you or us to the other under this Contract shall be in writing addressed to that other party at itsregistered office or principal place of business, or such other address as may at the relevant time have been notified pursuant to this clause to the party givingthe notice.56 All references in these Conditions to further details appearing “overleaf” shall, in the absence of such details appearing on the reverse of these Conditions, beconstrued as a reference to such details as are contained in our quotation to you for the Hire Goods or Sale Goods (as the case may be) or as are otherwise agreedin writing.57 This Contract contains the whole agreement between you and us in respect of its subject matter and supercedes any previous written or oral agreement betweenyou and us relating to it. It is governed by and construed in accordance with English law and you and we agree to submit to the exclusive jurisdiction of the courtsof England and Wales.