1.1 GUARDENA Ltd refers to the company providing equipment on hire, registered in England and Wales under Company Number 14946054.
1.2 The Hirer is any company, firm, organization, or individual taking equipment on hire from GUARDENA Ltd, including its representatives or successors.
1.3 Equipment refers to any items or goods hired under this contract, including any attachments, replacements, or parts provided by GUARDENA Ltd.
1.4 The Contract means the agreement between GUARDENA Ltd and the Hirer for the hire of equipment, governed by these terms.
1.5 Hire Rate is the rate charged for the hire of the equipment, as agreed in the contract.
1.6 Hire Charges include the total fees payable by the Hirer, inclusive of hire rate, delivery, collection, VAT, and any other agreed charges.
1.7 The Hire Period starts when the equipment is dispatched from GUARDENA Ltd or delivered to the Hirer and ends when the equipment is returned.
1.8 The Initial Hire Period is the minimum hire term agreed in the contract.
2.1 The Hirer’s order, whether written or verbal, confirms acceptance of these terms. Any differing terms provided by the Hirer will not override these conditions unless expressly agreed in writing by GUARDENA Ltd.
3.1 GUARDENA Ltd will deliver the equipment to the Hirer’s location at the start of the contract. The hire period begins upon delivery, and delivery charges may apply unless otherwise stated.
3.2 Should installation services be required, the Hirer assumes responsibility for ensuring compliance with all relevant health and safety regulations.
3.3 The Hirer must ensure sufficient access for delivery and collection and have an authorized representative present to sign for the delivery. If no representative is available, GUARDENA Ltd’s delivery confirmation will be binding.
4.1 The hire period commences upon delivery of the equipment and continues until the equipment is returned to or collected by GUARDENA Ltd, unless otherwise agreed.
4.2 If the Hirer wishes to extend the hire period, this must be requested in writing, and any extension is subject to agreement by GUARDENA Ltd.
5.1 At the end of the hire period, the Hirer must ensure that all equipment is ready for collection in the same condition as it was delivered, subject to normal wear and tear.
5.2 The Hirer is responsible for preparing and packing the equipment for return in the same manner as delivered. Failure to do so may result in additional charges.
5.3 If collection is delayed due to the Hirer’s failure to make the equipment available, additional hire charges may accrue.
6.1 All hire charges are payable as per the agreed terms in the contract. For longer hire periods, payments are typically required every 28 days in advance.
6.2 A deposit may be required, which will be returned to the Hirer after all outstanding charges are settled and the equipment is returned in acceptable condition.
6.3 Late payments will incur interest in line with the Late Payment of Commercial Debts (Interest) Act 1998, at a rate of 8% above the Bank of England base rate.
6.4 If any invoice is disputed, the undisputed portion must still be paid on time. Disputes must be raised within 10 days of receiving the invoice.
7.1 GUARDENA Ltd guarantees that the equipment will be in good working condition at the start of the hire period.
7.2 The Hirer must use the equipment responsibly and for its intended purpose. Routine maintenance and cleaning of the equipment during the hire period are the Hirer’s responsibility.
7.3 Any damage or malfunction must be reported to GUARDENA Ltd immediately, and repairs must only be carried out with prior approval from GUARDENA Ltd.
8.1 The Hirer assumes responsibility for the equipment from the time of delivery until it is returned. The Hirer is liable for any damage, loss, or theft during the hire period.
8.2 The Hirer is required to insure the equipment against loss or damage for its full replacement value and must provide proof of insurance if requested by GUARDENA Ltd.
8.3 GUARDENA Ltd is not liable for any indirect or consequential losses, including loss of profits, due to the Hirer’s use of the equipment.
8.4 Nothing in these terms limits GUARDENA Ltd’s liability for death or personal injury caused by its negligence.
9.1 Either party may terminate the contract by providing one week’s written notice unless a fixed hire period is specified.
9.2 GUARDENA Ltd reserves the right to terminate the contract immediately if the Hirer breaches any terms, fails to pay hire charges within 14 days of the due date, or becomes insolvent.
9.3 Upon termination, the Hirer must return all equipment immediately or make it available for collection. Continued possession of the equipment after termination may result in additional charges.
10.1 These terms, together with the contract, represent the entire agreement between GUARDENA Ltd and the Hirer.
10.2 Any amendments to these terms must be made in writing and signed by both parties.
10.3 This contract is governed by the laws of England and Wales, and both parties agree to the jurisdiction of the courts of England and Wales.
10.4 If any clause of this contract is deemed unenforceable, the remaining clauses will continue to apply.
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