TERMS AND CONDITIONS OF HIRE

(Supplemental to CPA Model Conditons)
Rent A Lift Limited
Registered Address: 12 Tatton Court, Kingsland Grange, Warrington, WA1 4RR

  1. Retention of Title

1.1 All Equipment supplied by Rent A Lft Limited (“the Owner”) shall at all times remain the sole and exclusive property of the Owner. 

1.2 Nothing in this Agreement shall confer or be deemed to confer any ownership rights in the Equipment to the Hirer. 

1.3 The Hirer shall not sell, assign, mortgage, charge, pledge, lend, or otherwise dispose of or encumber the Equipment. 

1.4 The Hirer shall ensure that the Equipment is clearly identifiable as the property of the Owner at all times and shall not remove, deface, or obscure any identification marks, serial numbers, or branding. 

1.5 The Owner shall be entitled, at any Ɵme and without prior notice, to enter any premises where the Equipment is located to inspect or repossess it where the Hirer is in breach or becomes insolvent.

  1. Hire Period and Off-Hire 

2.1 The hire period shall commence on delivery or collection of the Equipment.

2.2 The hire period shall continue until the Owner has received and accepted a valid written offhire notice from the Hirer.

2.3 Off-hire will not be effective unless:

  • it is confirmed in writing; and
  • the Equipment is made safe, accessible, and ready for collection.

2.4 Hire charges shall continue until the Equipment is collected or a bona fide attempt to collect has been made. 

2.5 Where collection cannot be completed due to site conditions or Hirer default, additional charges shall apply. 

  1. Minimum Hire Charges 

3.1 Minimum hire periods may apply as notified at the time of hire.

3.2 Where Equipment is returned prior to expiry of the minimum hire period, the full minimum charge shall remain payable. 

  1. Loss, The and Damage

4.1 The Hirer shall be responsible for all loss, the, destruction, or damage to the Equipment (fair wear and tear excepted) from the point of delivery until return and inspection by the Owner.

4.2 In the event of loss or irreparable damage, the Hirer shall pay the full replacement cost on a new-for-old basis. 

4.3 In the event of damage, the Hirer shall pay all repair costs including parts, labour, and transport. 

4.4 Hire charges shall continue until the Equipment is repaired, replaced, or the loss is settled in full.

  1. Insurance 

5.1 The Hirer shall, at its own expense, maintain: 

  • insurance covering the Equipment for its full replacement value; and 
  • public liability insurance with a minimum cover of £5,000,000 (or such higher amount as reasonably required). 

5.2 The Hirer shall provide evidence of such insurance upon request. 

5.3 Failure to insure shall not relieve the Hirer of liability. 

5.4 The Owner may, at its discretion, offer a loss damage waiver, which shall not constitute insurance and may be subject to exclusions.

  1. Use, Operation and Misuse

6.1 The Hirer shall ensure that the Equipment is operated only by competent, qualified, and appropriately trained personnel. 

6.2 The Hirer shall comply with all applicable laws, regulations, and manufacturer’s instructions.

6.3 The Hirer shall not misuse, overload, or use the Equipment for any purpose for which it is not intended. 

6.4 The Hirer shall be fully responsible for all consequences arising from misuse or improper operation.

  1. Breakdown and Call-Out Charges 

7.1 The Owner shall use reasonable endeavours to repair or replace Equipment that becomes defective through no fault of the Hirer.

7.2 Where breakdown is caused by misuse, negligence, or operator error, the Hirer shall be liable for all associated costs including: 

  • call-out charges 
  • labour 
  • replacement parts 
  • transport
  1. Delivery, Collection and Waiting Time

8.1 Delivery and collection charges shall apply unless otherwise agreed in writing.

8.2 The Hirer shall ensure suitable access and safe conditions for delivery and collection.

8.3 Additional charges shall apply for:

  • failed delivery or collection attempts
  • waiting time
  • restricted or unsafe access 
  1. Fuel, Battery and Consumables

9.1 The Hirer shall be responsible for all fuel, battery charging, oils, and consumables required during the hire period. 

9.2 The Owner reserves the right to charge for refuelling, recharging, or replenishment upon 

return.

  1. Payment Terms, Interest and Late Payment 

10.1 All invoices shall be payable in accordance with agreed terms. 

10.2 If payment is not made when due, the Owner shall be entitled to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 or at a rate of 8% above the Bank of England base rate, whichever is higher. 

10.3 Interest shall accrue daily from the due date until payment is made in full.

10.4 The Owner shall also be entitled to statutory compensation and reasonable recovery costs.

  1. Recovery of Debt Collection Costs

11.1 The Hirer shall indemnify the Owner against all costs incurred in recovering outstanding sums, including: 

  • legal fees 
  • debt collection agency costs
  • court fees 
  • enforcement costs 

11.2 Such costs shall be recoverable on a full indemnity basis.

  1. Suspension, Termination and Credit Control

12.1 The Owner may suspend or terminate the hire immediately where:
payment is overdue the Hirer breaches these terms the Owner reasonably believes there is a risk of non-payment 

12.2 Upon termination, all outstanding sums shall become immediately due.

12.3 The Owner reserves the right to: 

  • withdraw credit facilities
  • amend credit limits 
  • require advance payment
  1. Cross-Default 

13.1 Any breach or default by the Hirer under any agreement with the Owner shall constitute a breach of all agreements between the parties.

  1. Personal Guarantee 

14.1 Where required, a director or third party shall provide a personal guarantee. 

14.2 The guarantor shall: 

  • guarantee all obligations of the Hirer; and
  • indemnify the Owner against all losses arising from default. 

14.3 Liability shall be joint, several, and continuing.

  1. Indemnity 

15.1 The Hirer shall indemnify and keep indemnified the Owner against all claims, losses, damages, liabilities, and expenses arising out of:

  • the use or possession of the Equipment; 
  • any breach of this Agreement; 
  • any third-party claim.
  1. Assignment 

16.1 The Hirer shall not assign or transfer its rights without prior written consent.

16.2 The Owner may assign or transfer its rights, including the right to receive payment.

  1. Entire Agreement and Variation

17.1 These Terms, together with the CPA Model Conditions, constitute the entire agreement between the parties.

17.2 No variation shall be effective unless agreed in writing by an authorised representative of the Owner.

  1. Force Majeure 

18.1 The Owner shall not be liable for any failure or delay caused by events beyond its reasonable control, including but not limited to weather, strikes, transport disruption, or supply chain failure.

  1. Governing Law 

19.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales. 

19.2 The parties submit to the exclusive jurisdiction of the courts of England and Wales