1) FORMATION OF CONTRACT
Harrison Hire & Sales contracts with the Customer in accordance with the following terms only. These terms are deemed to be accepted by the Customer unless express written variations are negotiated which may only be authorised on the behalf of Harrison Hire & Sales by a partner of the Firm.
Orders accepted by Harrison Hire & Sales either orally or in writing shall not be cancelled either wholly or in part, nor may the Customer suspend deliveries thereunder without the consent in writing of a partner of the Firm and subject to compliance by the Customer with such reasonable requirements as to compensation for costs incurred by Harrison Hire & Sales.
Prices are always those ruling at the time of delivery of the goods or hire of the equipment, and are subject to VAT.
Harrison Hire & Sales reserve the right to alter charges without prior notification. Charges are normally reviewed in January, but we reserve the right to review them at any time. Long-term hire customers starting a contract part-way throughout the year should expect the January review, unless the contract is made at the end of the year and we are able to assess charges beforehand.
a) Harrison Hire & Sales reserve all rights as to whether to use its own transport.
b) Where outside carriers are used, Harrison Hire & Sales where possible will follow the Customer's request.
c) The Customer must immediately notify Harrison Hire & Sales in writing if the goods have not been received within seven days of the date of the Firm's advice note or invoice.
d) The Customer must notify Harrison Hire & Sales and the Carrier in writing within one working day of receipt of any breakage or shortage.
e) Harrison Hire & Sales when notified of any damage in transit reserves the option to repair or replace the goods providing notification of damage has been made within one working day of receipt and all rules and conditions of the Carrier relating to damaged, destroyed or missing goods have been complied with.
f) Risk shall pass to the Customer on delivery notwithstanding that ownership shall remain with Harrison Hire & Sales until payment is made.
5) PROPERTY AND RISK
a) Until the price for the goods has been paid in full to Harrison Hire & Sales, the Customer shall remain a bailee only and the ownership of the goods shall remain with Harrison Hire & Sales.
b) Similarly where parts are supplied by Harrison Hire & Sales in contracts of repair, service, rectification or modification, the property in parts will remain with Harrison Hire & Sales until payment is made by the Customer.
c) If the customer incorporates goods owned by Harrison Hire & Sales into other products with the addition of his own goods or those of others, or uses such goods as materials for other products with or without such addition, the property in those other products is upon such incorporation or use ipso facto transferred to Harrison Hire & Sales and the Customer as bailee of them will store the same for Harrison Hire & Sales in a proper manner without charge to the Firm.
d) The Customer has the right to sell the goods or such other products to a bona fide purchaser within the framework of the normal carrying on of his business and to deliver them on condition that if Harrison Hire & Sales so requires the Customer as long as he has not fully discharged his debt to Harrison Hire & Sales shall hand over to the Firm claims he has against his purchaser emanating from this transaction. Where Harrison Hire & Sales exercises this requirement it will account to the Customer for any excess of proceeds from the Customer's purchaser less any expenses necessarily incurred.
e) Where the Customer received payment from his purchaser for goods belonging to Harrison Hire & Sales, the Customer has a fiduciary duty to the Firm to account to Harrison Hire & Sales for the proceeds but may retain therefrom any excess of such products over the amount outstanding and due to Harrison Hire & Sales.
f) The Customer grants Harrison Hire & Sales an irrevocable right and licence to enter the Customer's premises where Harrison Hire & Sales' goods are in possession for the purpose of repossession and this right and licence shall extend to any authorised employee or agent of the Firm and to the Firm's vehicles.
6) INSTRUCTIONS FOR SAFE USE
Customers are advised to ensure that themselves, their employees agents and purchasers read the instructions supplied with the goods, follow those instructions and if they have any difficulty in interpreting the instructions shall seek advice from Harrison Hire & Sales prior to using any machine.
7) RETURNS FOR CREDIT
Harrison Hire & Sales disclaims any liability for goods returned without their written consent. Any goods approved for return must be advised in writing quoting the Firm's invoice number. The Firm disclaims liability for any return whilst in transit to Harrison Hire & Sales. Harrison Hire & Sales reserves the right to charge a reasonable handling charge where this is justified. The customer is responsible for ensuring that items are correctly packaged. We will not accept any claim or costs relating to goods damaged in transit to us.
8) SETTLEMENT TERMS
a) Payment terms will be stated on each invoice.
b) Harrison Hire & Sales at its discretion reserves the right to charge interest on accounts outstanding beyond the payment date or terms stated on the invoice. The rate of interest shall be 2.5% per month. Harrison Hire & Sales reserves the right to charge this rate of interest at any time. Harrison Hire & Sales can exercise this right in addition to any other rights it may have in respect of the goods or non-payment.
The rights of Harrison Hire & Sales or the Customer shall not be prejudiced or restricted by an indulgence or forbearance extended by either party to the other and waiver of rights by either party in respect of any breach by the other shall operate as a waiver in respect of any other or subsequent breach.
10) FORCE MAJEURE
Harrison Hire & Sales accepts no responsibility for loss, delay or non-delivery arising by reason of riot, civil commotion, war whether declared or not, accident, shortened hours of labour, strikes, lockouts, storm, flood, fire or any other circumstances (whether of the kind hereinbefore mentioned or not) beyond the control of the Firm.
11) LEGAL CONSTRUCTION
These terms shall in all respects be constructed and operate as an English contract in conformity with English law.
12) ORAL VARIATION
No employee of Harrison Hire & Sales is authorised to vary these conditions orally and all oral variations shall be null and void.
Harrison Hire & Sales undertake to return to the manufacturer any goods for warranty claims provided that the original machines have been registered under the manufacturer's terms and that such goods are accompanied by the relevant details required by the manufacturer. Harrison Hire & Sales do not accept any liability for any such claims which are rejected by the manufacturer for whatever reasons. It is the responsibility of the Customer to return items to Harrison Hire & Sales for transfer to the manufacturer.
Harrison Hire & Sales will be liable for direct loss and damage to persons or property to the extent caused by our negligence in the performance of our obligations but not otherwise provided that:-
a) Our total liability for such loss or damage shall not exceed £500,000.
b) Harrison Hire & Sales shall not be liable to its agents or customers for any loss of profits or contracts or other consequential loss.
c) Written notice of a claim shall be given to us not later than three months from the date of the occurrence giving rise to the loss or damage above referred to.
Harrison Hire & Sales' liability in respect of any defect or failure of the goods supplied or for any loss or injury or damage attributable thereto and all warranties conditions or liabilities are hereby excluded except as provided above and except for our liability for death or personal injury caused by our negligence.
Authorised and regulated by the Financial Conduct Authority for credit-related regulated activities.
12/13 Town Green Lane,
Tel: 01944 768441
Fax: 01944 768443
Units 3 & 4 Beza Court
Tel: 0113 277 7027
Fax: 0113 276 1643