Hire terms and conditions

1. Interpretation and agreement

1.1“Dolly” means the Powerwall lifting dolly and all lifting bars, clamps, brakes, straps, sockets and other accessories supplied with it. “Hire Period” begins when the Dolly is delivered to, or collected by, the Lessee and ends when it is returned to, or collected by, the Lessor. “Site” means the permitted location in the Hire Particulars.

1.2The Lessor hires the Dolly to the Lessee for the Hire Period on the terms of this agreement. The Dolly remains the Lessor’s property at all times.

1.3The person signing for the Lessee confirms that they are authorised to bind the Lessee.

2. Provisional booking and Deposit

2.1Every booking is provisional until the Deposit has been received in cleared funds and the Lessor has issued confirmation of the hire.

2.2The Deposit must be paid no later than 72 hours before the scheduled start of the hire. If it is not received by that deadline, the Lessor may release the slot without liability.

2.3The Lessee must pay the Deposit by BACS, using its business name as the payment reference, to the account given in the Lessor’s booking confirmation.

2.4The Deposit is security for the Lessee’s obligations. The Lessor may deduct unpaid hire charges, late charges, loss, damage, cleaning, recovery costs and other sums due under this agreement. The Lessee remains liable for any excess. Any remaining balance will be returned within 10 Business Days after inspection of the Dolly.

3. Payment

3.1On delivery or collection of the Dolly, the Lessee must pay the remaining balance in full, being the hire charge plus any delivery or collection charge, less the Deposit already paid.

3.2The Lessor will not release the Dolly until cleared payment of the full balance has been received.

3.3Payment may be made by BACS without a processing fee or by card to the delivery driver. A card processing charge of 3% will apply only where and to the extent permitted by applicable law and clearly disclosed before payment.

3.4All sums are exclusive of VAT unless stated otherwise and must be paid without set-off, counterclaim, deduction or withholding, except as required by law.

4. Cancellation

4.1If the Lessee cancels less than 48 hours before the agreed delivery or collection time, the Deposit is non-refundable.

4.2If the Lessee cancels less than 24 hours before the agreed delivery time, the Deposit is non-refundable and the Lessee must also pay one full day’s hire charge.

4.3The charges in this clause are intended to compensate the Lessor for the reserved hire slot and associated arrangements. This clause does not affect any rights that cannot lawfully be excluded.

5. Delivery, collection and return

5.1The Lessee must provide safe, suitable and timely access, a competent representative and any information reasonably required for delivery or collection.

5.2If the Lessor attends to collect the Dolly on the agreed date but cannot do so because of the Lessee’s act or omission, a full additional day’s hire is payable, followed by a further full day’s hire for each subsequent day or part-day until collection occurs.

5.3Where the Lessee is returning the Dolly to the depot, failure to return it on the agreed date will result in a full additional day’s hire, followed by a further full day’s hire for each subsequent day or part-day until return.

5.4The Hire Period and risk continue until the Lessor has retaken possession. The Lessee must keep the Dolly safe, secure and available during any extended period.

6. Lessee responsibilities and safe use

6.1The Lessee must inspect the Dolly at handover and immediately record any visible defect or missing item on the handover record. Unless recorded, the Dolly will be treated as complete and in good visible condition, excluding latent defects.

6.2The Lessee must ensure that the Dolly is used only: (a) for its intended purpose; (b) at the Site; (c) by competent persons; and (d) in strict accordance with the Lessor’s and manufacturer’s instructions, load limits and safety requirements.

6.3The Lessee is solely responsible for assessing the Site, the route of movement, floor loading, access, obstructions, working methods and the suitability of the Dolly for the intended task.

6.4The Lessee must not alter, dismantle, repair, misuse, overload, lend, sub-hire, sell, charge, move from the Site or part with possession of the Dolly without the Lessor’s prior written consent.

6.5The Lessee must immediately stop using the Dolly and notify the Lessor if it is damaged, defective, unsafe, lost or stolen. It must not attempt a repair unless authorised in writing.

6.6The Lessee is responsible for the conduct of its employees, contractors, agents and all other persons permitted to use or access the Dolly as if their acts and omissions were those of the Lessee.

7. Risk, insurance and loss

7.1Risk in the Dolly passes to the Lessee at the start of the Hire Period and remains with the Lessee until the Lessor retakes possession.

7.2The Lessee must keep the Dolly secure and insured throughout the Hire Period for its full replacement value and for appropriate public and third-party liability risks. Evidence of insurance must be provided on request.

7.3The Lessee must pay the full cost of repairing or replacing any Dolly or accessory that is lost, stolen, destroyed or damaged during the Hire Period, except to the extent caused by the Lessor’s breach or negligence.

7.4The Lessee must promptly provide all assistance and information reasonably required in connection with any loss, incident or insurance claim.

8. Location tracking

8.1The Lessee acknowledges that the Dolly contains a location-tracking device. During the Hire Period the Lessor may use location data for asset security, theft prevention, recovery, verification of the Dolly’s location, management of this agreement and the establishment, exercise or defence of legal claims.

8.2The Lessee must inform any individual who may transport, possess or use the Dolly that it is tracked and must ensure that its handling of personal data connected with the hire complies with applicable data protection law.

8.3The Lessee must not interfere with, disable, obscure, remove or damage the tracker. If the tracker is broken, removed, lost or damaged while the Dolly is at the Lessee’s risk, the Lessee must pay a £200 replacement charge, without prejudice to the Lessor’s right to recover any greater reasonably incurred loss where permitted by law.

9. Damage and missing-item charges

9.1The Lessee must return the Dolly clean, complete and in the same condition as at handover, fair wear and tear excepted.

9.2The following standard charges apply where the relevant damage or loss occurs during the Hire Period. These charges are without prejudice to VAT (if applicable), recovery costs and the Lessor’s right to recover the reasonable cost of repair or replacement where that cost exceeds the standard charge, provided there is no double recovery.

10. Responsibility for third-party and Site damage

10.1The Lessee is responsible for all loss, damage, cost, claim and expense arising from or connected with its possession, transport, storage or use of the Dolly, including: (a) injury to any person using or handling the Dolly; (b) damage to the fabric of any building; (c) damage to any property at the Site; (d) damage to any Powerwall caused by incorrect use of the Dolly; and (e) any matter relating to the design, preparation, performance, quality, safety or outcome of a Powerwall installation, except in each case to the extent caused by the Lessor’s breach, negligence or other liability that cannot lawfully be excluded.

10.2The Dolly is supplied as equipment only. The Lessor does not undertake, supervise, approve or accept responsibility for any Powerwall installation and does not warrant that the Site, installation method, equipment combination or proposed use is suitable.

10.3The Lessee shall indemnify the Lessor against third-party claims, losses, damages, liabilities, costs and reasonable legal expenses arising from the matters in clause 10.1, except to the extent caused by the Lessor’s breach, negligence or other liability that cannot lawfully be excluded.

11. Lessor’s liability

11.1Nothing in this agreement excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) deliberate default; or (d) any liability that cannot lawfully be excluded or limited.

11.2Subject to clause 11.1, the Lessor is not liable for loss of profit, revenue, business, contracts, anticipated savings, goodwill, use, data, or any indirect or consequential loss.

11.3Subject to clause 11.1, the Lessor’s total aggregate liability arising out of or in connection with this agreement shall not exceed the greater of £1,000 and 100% of the total hire charges paid or payable under this agreement.

11.4Except as expressly stated in this agreement, all warranties, conditions and other terms implied by law are excluded to the fullest extent permitted by law.

12. Termination and recovery

12.1The Lessor may terminate the hire immediately by written notice if the Lessee fails to pay any sum when due, commits a material breach, uses the Dolly unsafely or unlawfully, interferes with the tracker, becomes insolvent, or the Lessor reasonably believes its ownership or the safety or recovery of the Dolly is at risk.

12.2On termination or expiry, the Lessee must stop using the Dolly, keep it secure and immediately make it available for return or collection. The Lessor may recover the Dolly from the Site or any location where it is held, subject to applicable law.

12.3Termination does not affect accrued rights. The Lessee must pay all outstanding sums and reasonable recovery, transport, storage, repair and legal costs due under this agreement.

13. General

13.1This agreement and the documents expressly referred to in it constitute the entire agreement between the parties. Each party acknowledges that it has not relied on any statement not set out in them, but this does not exclude liability for fraud.

13.2No variation is effective unless in writing and agreed by authorised representatives of both parties.

13.3The Lessee may not assign, transfer or sub-contract its rights or obligations without the Lessor’s prior written consent.

13.4If any provision is invalid or unenforceable, it will be treated as deleted to the minimum extent necessary and the remaining provisions will continue.

13.5A person who is not a party has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.

13.6This agreement and any non-contractual dispute or claim arising from it are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction.