08443 81 45 50 info-uk@totalsafety.com

Terms & Conditions

Conditions of Hire

1.  General

a)  The following conditions govern all contracts made by Total Safety Services Ltd (“The Company”) for the letting on hire for any of the company’s products (“the hiring contract” and “the hire product”).

b)  The hire product shall be deemed to include any fittings and accessories which are included in the hire contract.

c)  Unless accepted by the company in writing no condition or warranty inconsistent with these conditions shall apply to any such contract.

d)  The company shall be entitled to any time unilaterally to waive, modify or vary the hiring contract (including these conditions) to the customer’s advantage if the company in its discretion sees fit to do so but any such waiver, modification or variation shall not prejudice the remaining provisions of the hiring contract and (unless the company elects to the contrary) shall be deemed to have effect as at the date of the original formation of the hiring contract.

e)  No waiver, alteration, modification or addition of or to the hiring contract shall be valid unless made in writing by the company and these conditions prevail in the event of their conflicting with the terms and conditions of any order or other document submitted by the customer or in the event but only to the extent of their inconsistency with the terms set out in any offer, estimate or quotation given by the company or any other document forming any part of the hiring contract.

2.  Acceptance

The company’s offers, estimates and quotations are without engagement and all orders require the companies acceptance in writing in order to create a contract but all or partial execution by the company of an order shall be deemed to be the acceptance by the company of the order on the terms of these conditions.

3.  Hire Period

a)  The hire period shall commence on the commencement date stipulated in the hiring contract.

b)  The hire period shall (unless terminated in accordance with these conditions) continue until the termination date stipulated in the hiring contract and thereafter until determined by at least seven days written notice given by either party to the other expiring on or after that date.  Should the customer give notice to the company of the customer’s wish to terminate the hire period at a time earlier than that stipulated in the hiring then the company may at its option (but without prejudice to rights arising from antecedent breaches) elect to accept such termination in which case the excess (if any) of the company’s current hire rates for the hire product applicable to the term of the hire period over the rates specified in the hiring contract shall become immediately due and payable.  If the company does not elect to accept such termination the company shall continue to enjoy all its rights and remedies and the customer shall continue to be bound by its obligation under the hiring contract.

4.  Rates And Payment

a)  During the hire period and (without prejudice to any termination of the hiring contract and the consequent rights of the parties) until redelivery of the hire product to the company or as it may direct the hire product shall (subject to b) and e) below) be let and hired at the rates set out in the hiring contract.

b)  At any time and from time to time after the termination of the date stipulated in the hire contract but while charges remain payable the company shall have the right to stipulate by notice to the customer that the hire product shall as from the date of such notice be let and hired at the company’s hire charges current for the time being for the hire product.

c)  Unless otherwise stipulated in the hiring contract, hire charges are payable monthly in arrears.

d)  Quoted rates and charges (whether accepted or not) are subject to increase by the company to cover variations in cost to the company of goods, components, materials, labour, packing, carriage and insurance  where variations in such costs arise between the date of quotation and the date of commencement of the hire period.

e)  Where the company’s estimates or quotations do not include express provision for value added tax or other similar sales taxes the company reserves the right to increase quoted and invoiced rates and charges by an amount equal to the VAT or similar sales taxes payable on any supply of chargeable goods and services made by the company under the relevant contract.

f)  All rates and charges are based upon supplying equipment into mainland Britain only.  International and off-shore supply is subject to separate negotiation.

g)  Where a weekly hire rate is quoted this is the charge for a normal working week of 8 hours each day 5 days a week.  Weekends and times in excess of 8 hours per day will be charged in proportion to the weekly hire rate based upon the above 40 hour working week.

5.  Additional Works

Where the hire product is modified or adapted to the special order of the customer normally quoted rates do not include for goods, work or costs executed on the customers instruction.  The company reserves the right to charge under the hiring contract for all additional and alternative work carried out, goods supplied and costs incurred by the company.

6.  Force Majeure

a)  Subject to b) below and without prejudice to its rights in the event of a breach of contract by the customer the company reserves the right (without liability to the customer for the loss or damage arising therefrom) at the company’s option by written notice to the customer to suspend performance of its obligation under the hiring contract and/or to cancel unfulfilled parts of the hiring contract in whole or in part if by reason of act of God, war, riot, civil disturbance, industrial dispute, restrictions of supplies, government control, accident or any other circumstance which the company cannot by reasonable and bona fide  endeavours avoid the company is prevented from or delayed in performing its obligations under the hiring contract in whole or in part.

b)  If the company exercises its right to suspend performance of the hiring contract or to cancel part only of an unfulfilled part of the hiring contract the customer may itself by written notice to the company given within 7 days of the company’s notice of suspension of partial cancellation cancel any unfulfilled part of the suspended or partially cancelled contract conditionally (in cases where the company’s right of suspension or partial cancellation has been reasonably exercised by the company) or payment by the customer of the company’s fair charges and the company’s expenses in respect of the hiring contract (but limited to the contract price adjusted if appropriate as provided by the hiring contract) to the extent to which such contract shall have been fulfilled and such expenses shall have been committed or incurred by the company prior to cancellation by the customer.

7.  Delivery And Recovery

a)  The customer shall be responsible for the transport of the hire products contained within the hiring contract to and from the company’s works and shall be responsible for all costs and charges incurred in packaging, loading and transporting the hire product whether arranged by the customer or the company on behalf of the customer.

b)  All employees, sub-contractors and agents of the company shall be deemed whilst on the site or other premises of the customer or of any other third party to be servants or agents of the customer who alone shall be responsible for and shall indemnify the company against all claims by any person, firm or company (including the company) arising out of or connected with the delivery, collection, movement, sitting and service of the hire product.

8.  Inspection And Condition

a)  The customer shall inspect and satisfy itself as to the condition and suitability of the hire product before it is accepted on site.

b)  The company does not undertake that the hire product or any part of it is fit for any particular application.

c)  The acceptance or use of the product (whichever is the earliest) by or on behalf of the customer shall be conclusive evidence that the hire product is in satisfactory operational condition properly maintained (fair wear and tear accepted) , clean and free from contaminants maintained by the company prior to delivery.

d)  The customer shall make good to the company all and any loss of and damage to the hire product of whatsoever kind and from whatsoever cause (fair wear and tear excepted) including loss of hire resulting from such loss or damage and the lesser full cost of the hire product or of reinstating the hire product to satisfactory operational condition.

e)  The customer is responsible for the return of the hire product at the end of the hire period in satisfactory operational condition and properly maintained (fair wear and tear accepted).

9.  User Competence

It is the customer’s responsibility to ensure that all users of the hire product are fully trained and are fully conversant with the use, application, routine servicing and maintenance of the hire product.

10.  Insurance

a)  The customer shall keep the hire product insured throughout the hire period against loss or damage by fire, theft and other risks normally covered by comprehensive insurance of products of the type of the hire product to the full replacement value of the hire product.

b)  The customer shall maintain adequate insurance against all risks imposed upon the customer under the terms of these conditions or the hire contract.

c)  The customer shall give written notice to the company within 24 hours of an occurrence of any occurrence which may give rise to a claim being made on insurance relating to the hire product or its operation.

11.  Title And Re-Hire

a)  Between the company and the customer the hire product shall remain personal property and shall continue in the ownership of the company.

b)  The customer shall not re-hire, sell or part with possession of the hire product or any part thereof to any third party without the express agreement of the company.

12.  Change Of Site

The customer shall not without the company’s prior written consent cause or permit the hire product to be moved from the location which it was delivered or consigned.

13.  Inspection, Servicing And Repairs

a)  The customer shall at all reasonable times permit the company and its agents access to the hire product to inspect, test, adjust, repair, alter or replace and such work so far as reasonably possible to be carried out at times to suit the convenience of the customer.

b)  The customer shall not without the prior written consent of the company adjust, repair or alter the hire product or make any attempt to do so.

c)  If at any time during the hire period the hire product or any part thereof is in need of adjustment or repair then:-

                        i)                     The customer shall give written notice of the defect to the company.

                        ii)                    The company shall with reasonable diligence either carry out the necessary repair or adjustment at the customer’s premises or at its discretion arrange the removal of the hire product to the company’s works.

                        iii)                  In the event of the company removing the hire product the company may at its option adjust or repair and re-deliver the hire product or determine the hire contract forthwith in relation to the hire product by giving written notice to the customer or replace the hire product in which case the hiring contract will continue as if the substituted product had been included in the subject matter of the hiring contract.

                        iv)                   If the hire product’s condition which has necessitated adjustment or repair arises from any cause other than fair wear and tear then:-

i)                     The customer shall be responsible for all inspection and repair costs including collection and re-delivery of the hiring product or its substitute.

ii)                    Hire charges shall continue to be payable.

v)                     If the hire products condition necessitating adjustment or repair is solely attributable to fair wear and tear then:-

i)                     The company shall be liable for all collection, repair or adjustment and re-delivery of the hiring product or its substitute.

ii)                    Hire charges calculated on a daily basis shall cease until the repaired or substituted product is available to the customer.

14.  Specifications And Recommendations

Except in any particular case in which the company expressly agrees in writing to the contrary the customer is responsible for the correct selection of hire product and while the company may make recommendation and give assistance relating to the hire product the customer shall not be entitled to rely on such recommendations or assistance and shall rely solely on such expertise as may be available to the customer from its own or other technical resources.

15.  Repossession

If the customer shall make default in punctual payment of any sum due to the company under the hiring contract or these conditions shall fail to observe or perform any of the terms of the hiring contract or these conditions or if the customer shall suffer any distress or execution to be levied against it or make or propose to make any arrangement with its creditors or shall go into liquidation (other than by way of amalgamation or reconstruction as a result of which the new company undertakes the customer’s obligations and is a company to which the company does not object) or shall do or cause to be done or permit or suffer any act or thing whereby the company’s rights in the hire product may be prejudiced or put in jeopardy then the company may treat the hiring contract as wrongfully repudiated by the customer and accordingly the company may take without notice take repossession of the hire product and for that purpose enter into any premises and remove the hire product but without any prejudice to any other right of the company against the customer for the recovery of monies due or otherwise under the hiring contract or these conditions for damages for breach thereof.

16.  Limitations Of Liabilities And Indemnity

a)  The company shall have no liability under or arising out of breach of negligence in connection with the hiring contract i) to the customer ii) to any other person, firm or company in respect of any claim howsoever arising for consequential loss or consequential damage other than liability (if any) for death or personal injury arising out of negligence for which the company is liable whether directly or vicariously.

b)  The customer shall indemnify the company against by and/or loss or damage to any other person, firm, company or property directly or indirectly connected with the acquisition, use, operation or possession of the hire product whether such claim, loss or damage arises from breach of contract or of third party rights or by or from negligence of the company its employees, sub-contractors or agents or otherwise and such indemnity shall continue in force in relation to the subject matter of the hiring contract notwithstanding that the parties remaining obligations under the hiring contract shall have been discharged or otherwise terminated.

c)  Where the hire product is manufactured, processed or adapted to a customer’s specification (whether or not such specifications are incorporated in whole or in part in the company’s own specification) the company shall have no liability for any defects arising in whole or in part from the unsuitability or inadequacy of any specification given by or on behalf of the customer and the customer shall indemnify the company against all actions, costs, claims and demands and all liability in respect of any infringement or alleged infringement of patent copyright design or other similar rights arising from compliance with instructions expressed or implied in the customer’s specifications.

17.  Government Regulations And Third Party Rights

The customer is responsible for compliance with all obligations imposed by Act of Parliament, statutory instrument or bye-law and all third party rights in relation to the transportation and use of the hire product.

18.  Interpretation And Law

a)  The headings are not an integral part of these conditions.

b)  All the company’s contracts are deemed to have been made at the company’s registered address and shall be governed by the laws of England.

Conditions Of Sale

1.  Prices

Orders will be priced at time of dispatch, or at prices quoted in an official, valid company quotation.  Price lists are valid at time of issue only and are subject to change without notice.  Packing, carriage and insurance when required will be charged extra.

2.  VAT

All prices quoted in price lists or quotations are exclusive of VAT, which will be added to the total order value at the rate applicable on the date of supply.

3.  Delivery

Delivery is by the carrier of our choice, unless by prior arrangement.

4.  Returns

No returns except for repair or replacement under guarantee will be accepted without prior agreement.  A handling charge of not less than 10% of the value of the goods will be levied on goods returned ‘not wanted’ or ‘incorrectly ordered’.  The company will not accept responsibility for returns lost or damage in transit.  Returns should be properly packed and transported.

5.  Claims

Claims for incorrect, short or non-delivered goods must be made in writing within 10 days of the date of shipment and accompanied by the original packing note or invoice number.  Damage in transit must be notified to the company and the carrier within 24 hours of receipt of goods and the original packaging should be retained for inspection.  The customer should refuse parcels showing external damage.  The company reserve the right to refuse claims made outside the terms above.

6.  Retention Of Title Of Ownership

Goods are supplied on the understanding that ownership is retained by the company until full payment for such goods has been made.  All orders are accepted on this basis.  Insurance of goods from time of receipt is the responsibility of the consignee.

7.  Payment

i)  For customers with an existing credit account, net 30 days from date of invoice.  Any discounts allowed are dependent on the invoice being paid by the due date.  The company reserve the right to charge back any discounts allowed should the invoice not be paid by the due date.

ii)  Net cash with order (a Proforma Invoice can be issued if required).

iii) Credit card payment.

8.  Guarantee

The company guarantees to repair or replace faulty goods supplied by us, or at our option, to refund the purchase price, for a period of twelve months from date of purchase (or such other warranty period as shall be applicable to certain specific products).  Such goods must be returned to us, carriage paid and accompanied by the customer’s advice note stating the date of purchase and the nature of the fault.

Save as provided in this clause, we shall not be under any liability, in contract, tort or otherwise, in respect of defects in goods delivered or for any injury, damage or loss from such defects and in no event shall any failure of any kind on our part rise to any liability for loss of revenue or other consequential loss or damage from any reason whatsoever.

9.  Patents And Copyright

Products offered for sale may be the subject of patents and other legal protection.  We maintain full copyright on all published information, and its whole or partial reproduction is prohibited without prior written consent.

10. Technical Specifications

Every effort has been made to ensure the accuracy of data published by or supplied through the company.  We do not, however, accept responsibility for damage, injury, loss or expense resulting from any error or omission.  We reserve the right to incorporate design changes without notice and recommend all published data is verified prior to purchase.