TERMS AND CONDITIONS OF SALE
In these Terms:
- "Orchard", "us", "we", "our", or "the seller" means Orchard Hire and Sales Limited (Company Registration No. 03679119).
- The "Buyer", "they", or "their" is the Company, Firm, Person, Corporation, Public Authority or other entity whose order for the Goods is accepted by Orchard.
- "Contract" means the contract for the sale and purchase of the Goods.
- "Goods" means the equipment and items agreed to be supplied by Orchard to the Buyer in accordance with and subject to these Terms.
- "Writing" and any similar expression includes e-mail or letter (save where indicated to the contrary in these Terms).
- The Buyer's written orders are accepted subject to these Terms and Conditions, to the exclusion of any conditions of the Buyer however expressed or whenever contained. By accepting delivery, the Buyer is deemed to have acknowledged this fact.
- No variation to these Terms shall be binding unless agreed in writing (which for these purposes shall not include e-mail) between the authorised representatives of the Buyer and Orchard.
- Orchard's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by Orchard in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
- Any advice or recommendation given by Orchard or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by Orchard, is followed or acted upon entirely at the Buyer's own risk and Orchard shall not be liable for any such advice or recommendation which is not so confirmed.
- Any typographical, clerical or other error or omission on Orchard's Website, in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Orchard shall be subject to correction, without any liability on the part of Orchard.
- Prices quoted are ex-works in Pounds Sterling unless otherwise stated. Any delivery and collection charges will be additional to the price of the equipment. Unless otherwise stated, all prices quoted shall be exclusive of Value Added Tax which will be charged at the rates laid down from time to time by law.
- Any quotation provided by Orchard does not constitute an offer and we reserve the right to withdraw or revise the same for any reason at any time prior to our acceptance of the Buyer's order.
- The price of the Goods is as set out in Orchard's acceptance referred to in clause 2a. or, if varied in accordance with these Terms, as set out in Orchard's invoice.
- Orchard shall have the right at any time prior to delivery of the Goods to withdraw any discount from and/or to revise prices applicable to the Contract to take into account increases in costs including (without limitation) costs of any goods, materials, carriage, labour, overheads, the increase or imposition of any tax duty or other levy and any variation in exchange rates or currency regulation.
- Unless otherwise specified the price of the Goods is exclusive of any applicable Value Added Tax or other duties, or taxes which may be chargeable in connection with the supply of the Goods to the Buyer which they shall additionally be liable to pay to Orchard.
- The cost of pallets and returnable containers will be charged to the Buyer in addition to the price of the Goods. A full credit will be given to the Buyer provided they are returned undamaged to the Seller before the due payment date.
- The Buyer shall be responsible to Orchard for ensuring the accuracy of the terms of any order (including any applicable specification) issued by the Buyer.
- The Buyer shall be responsible for giving Orchard any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
- No order which has been accepted by Orchard may be cancelled by the Buyer except with our previous agreement in Writing and on terms amongst others that the Buyer shall indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses we incur as a result of cancellation.
TERMS OF PAYMENT
- Unless otherwise previously agreed by Orchard in writing, any Buyer who has no approved account with Orchard shall make payment for goods to us in advance, by Bank Transfer, by Debit Card payment or Cash. Orchard shall undertake to process all Debit and Credit Card Transactions in accordance with PCI DSS rules.
- An authorised Credit account may be granted at Orchard's discretion on completion of Orchard's Account Application Form and satisfactory information obtained. The Buyer hereby consents to any relevant searches on its principal directors/partners being made. Any information obtained from or provided to Credit Reference Agencies or other third parties may be used for assessing further application of credit terms, for bad debt collection and for fraud prevention.
- The level of credit approval may then be granted by Orchard once the Buyer has agreed to adhere to Orchard's Terms and Conditions. The provision of credit facilities will be reviewed periodically and is discretionary, and may be withdrawn by Orchard at any time without giving a reason.
- Where the Buyer has an approved account (confirmation of which has been given in writing by Orchard) the Buyer shall pay the price of the Goods in Sterling in full, without any deduction or set-off and within thirty days after the end of the calendar month in which the Invoice was raised.
- If, in the sole opinion of Orchard, the credit-worthiness of the Buyer shall have deteriorated prior to delivery of the Goods, we may require full or partial payment of the price prior to delivery or the provision of security for payment by the Buyer in a form acceptable to us.
- If any sum remains unpaid after the due date, the payment of all charges, no matter how recent, shall become due immediately.
- The time of payment of the price shall be of the essence of the Contract.
- Orchard reserves the right to charge compound interest (both before and after judgement) at the rate of three per cent above the base rate of Orchard's Bank on all sums outstanding after the date of due payment. Interest shall continue to accrue until the payment of all outstanding amounts, have been received by Orchard.
- Orchard reserves the right to suspend and/or cancel further supplies from existing or any other orders until all overdue debts have been discharged.
- If the Buyer defaults in any payment under this or any other contract with Orchard, or ceases business, or stops payment to or makes any composition or arrangement with creditors, or suffers any distress or execution, enters into any form of insolvency process, or an order or resolution for winding up is made, then Orchard may deem the Buyer to have repudiated this Contract and recover money due, goods and damages for such repudiation without prejudice to any other remedies.
- Title to the Goods shall not pass to the Buyer until Orchard has received in cash or cleared funds, payment in full of the price of all goods supplied and invoiced by Orchard until all other debts or other obligations at any time owed by the Buyer to Orchard, and arising out of or relating to the supply by Orchard of any goods whether supplied under these or any other terms have been paid for in full.
- Until such time as the property in the goods passes to the Buyer (and provided that the goods are still in existence and have not been resold), Orchard may at any time require the Buyer to deliver up the Goods to Orchard and if the Buyer fails to do so forthwith, enter any premises of the Buyer or of any third party where the goods are stored, and repossess the Goods.
- The Buyer shall not be entitled to pledge, or in any way charge by way of security for indebtedness, any of the goods which remain the property of Orchard, but if the Buyer does, all monies owing by the Buyer to Orchard shall (without prejudice to any other rights or remedy to Orchard) forthwith become due and payable.
DELIVERY BY ORCHARD
- Where delivery is organised by Orchard, the Buyer shall pay a delivery charge at Orchard's standard transport rates. Such charges may include any wasted journey, or delays on the Buyer's site reasonably incurred by Orchard in attempting to comply with the specific or implied requirements of the Buyer.
- Every reasonable effort will be made by Orchard to keep to the dates given for delivery, but such dates are estimates only and Orchard accepts no liability in case of failure to do so. Unless otherwise previously agreed by Orchard in writing we may effect delivery in one or more instalments. Where delivery is effected by instalments each delivery shall constitute a separate contract and failure by Orchard to deliver any one or more of the instalments in accordance with these Terms, or any claim by the Buyer in respect of any one or more instalments, shall not entitle the Buyer to treat the Contract as a whole as repudiated, nor to claim compensation or to terminate or suspend the Contract and/or reject those or subsequent deliveries.
- Delivery shall be at the premises specified in the Contract and unless Orchard notifies the Buyer to the contrary, the prices for the Goods shall not include packing, insurance, delivery or transportation charges to such premises. The type of transport will be at the sole discretion of Orchard unless the Buyer notifies Orchard in Writing at the time the Buyer places the relevant order, of any unacceptable types of transport. Unless otherwise previously agreed by Orchard in writing we shall have no obligation to pack the Goods or to provide any form of protection against the weather during transit.
- All costs incurred by Orchard in the specific preparation and gathering together of goods to meet the Buyer's order, which will, where appropriate, include the consequential loss of income, shall be recoverable by Orchard in the event of the Buyer cancelling the contract or failing to take delivery.
- If the Buyer or the representative thereof is not present when the equipment is delivered, Orchard will send a Delivery Note to the Buyer. Unless any alleged discrepancy is reported to Orchard by letter or e-mail and received within two working days of delivery, then the Delivery Note shall be conclusive proof of the delivery of items detailed out therein.
- The Buyer shall be responsible for the unobstructed access and egress and for the loading or unloading of equipment at the site. The Buyer shall supply sufficient labour to load or unload materials supplied on transport organised by Orchard.
- Any Orchard personnel or agent employed in the loading or unloading of equipment, shall be regarded as the servants or agents of the Buyer. The Buyer will be responsible for all claims arising from the unloading or loading of equipment by or with the assistance of such personnel.
- The Buyer shall be responsible for the safe unloading of vehicles supplied, as directed by Orchard personnel or agents.
- The Buyer shall make Orchard personnel aware of any potential hazards, particularly when lorry mounted cranes are utilised, and provide methods of segregating the loading or unloading area to prevent accidents or injury to third parties.
- The Buyer shall make a check of the equipment delivered by Orchard or their transport and sign the Delivery Note as conclusive proof of receipt of the items detailed thereon.
- If Orchard fails to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or the Buyer's fault, and Orchard is accordingly liable to the Buyer, Orchard's liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
- No returns will be accepted on Saturdays or Sundays, Public Holidays or outside of normal office hours.
ACCEPTANCE OF EQUIPMENT
- Orchard shall supply a detailed Delivery Note with each despatch, which will be conclusive proof of quantity and type of equipment supplied, and the equipment will be deemed to be in good condition unless notification by the Buyer to the contrary is received by Orchard in writing, within three working days.
- The Buyer shall not overpaint, interfere with the equipment or any working mechanisms, or remove labels until payment has been made in full.
- The Buyer shall ensure that equipment is utilised and installed by trained and competent personnel to Industry Standards, Rules and Codes of Practice and where appropriate, erected or operated in accordance with manufacturer's instructions.
SPECIFICATIONS AND INFORMATION
- All Goods are subject to normal manufacturing tolerances; particulars of weights and dimensions submitted by Orchard are therefore approximate only and Orchard shall have no liability in respect of any deviation therefrom.
- Orchard reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable statutory, British Standard and EU requirements or, where the Goods are to be supplied to Orchard's specification, which do not materially affect their quality or performance.
- Supply of equipment to the Buyer by Orchard shall not confer any right upon the Buyer to use any of Orchard's or any third parties' intellectual property and does not imply any right to use any patent which Orchard or third parties may possess.
Orchard will provide the Buyer with appropriate instructional materials where reasonably practicable and the Buyer will ensure that this is passed onto the users of the equipment. It shall be the duty of the Buyer to ensure that their employees or sub- contractors are competent in the erection and use of the equipment and that the operatives have received adequate training therein. The equipment shall be used for no other purpose other than that which it is designed for.
- Orchard shall not be liable to the Buyer for any claim arising out of or in relation to the Goods whether under these Terms or any other agreement or in tort if the total price for the Goods has not been paid by the date for payment.
- Orchard shall not be liable to the Buyer for shortages in quantity delivered unless the Buyer notifies the Seller of any claim for short delivery within 3 days of receipt of the Goods.
- Orchard shall not be liable to the Buyer for damage to or loss of the Goods or any part thereof in transit (where the Goods are carried on Orchard's own transport or by carrier on behalf of the Seller) unless the Buyer shall notify the Seller of any such claim within 3 days after receipt of the Goods or the scheduled date of delivery whichever shall be the earlier.
- Orchard shall not be liable to the Buyer for any rusting, wetness or other external condition of the Goods resulting from the exposure of the Goods to weather either directly or indirectly or for any other deterioration or being of the Goods during transit, unless the Orchard has previously agreed in Writing to provide full protection against this.
- Orchard shall not be liable to the Buyer for any defect arising from fair wear and tear, wilful damage, negligence, failure to follow any instructions of Orchard (whether oral or in Writing) misuse or alteration or repair of the Goods without the prior Written approval of Orchard, abnormal working conditions or conditions of storage or use or any act, neglect or default of the Buyer or of any third party.
- Orchard shall not be liable to the Buyer for any claim for any Goods which have in any way been fabricated or altered in any way (including without limitation by the drilling of holes) by the Buyer or any employee, contractor or agent of the Buyer, nor any consequential loss arising from any such fabrication or alteration.
- Orchard shall not be liable to the Buyer for defects in the Goods which are or should be apparent on reasonable inspection on delivery unless notified to Orchard within three days after delivery of the Goods.
- Orchard shall not be liable to the Buyer for defects in the Goods where the defects are not or should not be apparent on reasonable inspection on delivery, unless notified to Orchard within six months after (i) delivery of the Goods or (ii) earlier despatch by Orchard of the invoice confirming the availability for delivery or collection to the Goods. Where the Buyer makes such notification, the Buyer shall afford Orchard a reasonable opportunity of inspecting the Goods in their state as at the time of such notification.
- Where liability is accepted by Orchard our only obligation shall be the option to make good any shortage or non-delivery and/or as appropriate to replace or repair any Goods found to be damaged or defective and/or to refund the cost of such Goods to the Buyer.
- Except in respect of death or personal injury caused by Orchard's negligence the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Orchard, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use or resale by the Buyer, and the entire liability of Orchard under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Terms, save as expressly provided in these Terms all conditions warranties and representations or other terms expressed or implied by statute common law or otherwise in relation to the Goods are hereby excluded to the fullest extent permitted by law.
- Orchard shall not be liable to the Buyer for, or be deemed to be in breach of the Contract by reason of any loss or damage which may be suffered by the Buyer as a direct or indirect result of the supply of Goods by Orchard being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond Orchard's reasonable control, including but not limited to Act of God, explosion, flood, tempest, fire, war or threat of war, act of terrorism, sabotage, insurrection, civil disturbance or requisition, riot, strikes, lock-out trade dispute or labour dispute or other industrial action or labour disturbance, accident break-down of plant or machinery, power failure difficulty or increased expense in obtaining workmen materials fuel or transport, import or export regulations, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority or other circumstances affecting the supply of the Goods or of raw materials therefor by Orchard's normal source of supply or the manufacture of the Goods by Orchard's normal means or the delivery of the Goods by Orchard's normal route or means of delivery.
- If a limited quantity of Goods is available to Orchard by reason of such circumstances or events Orchard may apportion the available quantity between our customers at our entire discretion.
No waiver by Orchard of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
- Any notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
- Notices either delivered personally, sent by first class mail or e-mail shall be deemed duly served:- In proving the giving of a notice it shall be sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and posted, or that the e-mail transmission was correctly addressed and despatched and despatch of the transmission was confirmed.
- The Contract shall be governed by and construed in accordance with the laws of England and the Buyer agrees to submit to the non-exclusive jurisdiction of the English Courts. It is intended between the parties that each and every clause in these conditions is legally binding and enforceable.
- If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
- Save as expressly provided herein, nothing in these Terms shall create any rights for third parties under the Contracts (Rights of Third Parties) Act 1999. No variation to these Terms and no supplemental or ancillary agreement shall create any such rights unless expressly so stated in any such agreement by the parties. This does not affect any right or remedy of a third party which exists or is available apart from that Act.
TERMS AND CONDITIONS OF HIRE
In these Terms:
- "Orchard", "us", "we" or "our", means Orchard Hire and Sales Limited registered in England whose registered office is Willow End, Stoke Orchard Road, Bishops Cleeve, CHELTENHAM, Gloucestershire, GL52 7DG.
- The "Hirer" is the company, firm, person, corporation, public authority or other entity taking Orchard's equipment on hire and includes the Hirer's servants or agents, and any sub-contractor's servants or agents and the Hirer's successors or personal representatives.
- The "Equipment" means all goods, materials and equipment which Orchard agrees to hire to the hirer.
- The "Hire Rate" means the weekly charge for an item offered for hire appearing in Orchard's current price list.
- The "Contract" means the agreement under which all equipment is supplied on hire (and, where appropriate, transport provided) by Orchard.
The Hirer's written orders are accepted subject to these terms and conditions, to the exclusion of any conditions of the Hirer however expressed or whenever contained. By accepting delivery, the Hirer is deemed to have acknowledged this fact.
- All quotations are made strictly subject to the equipment being available at the time of ordering.
- Quotations will state the hire period (normally a minimum of one week) together with any carriage charges for transportation supplied by Orchard.
- Hire rates will be charged per week based on a five day week, unless otherwise stated.
- Unless otherwise stated, all prices quoted shall be exclusive of Value added Tax.
- Orchard will make every effort to supply equipment exactly as specified, but reserves the right to substitute the nearest alternative available items should the necessity arise.
- Any estimates carried out by Orchard must be checked and ratified by the Hirer prior to placing an Order.
- Orchard reserves the right to revise or withdraw any quotation prior to the acceptance and to alter or vary hire or carriage charges, should any substantial increase in labour, materials or transportation cost occur before or during the period of hire.
AGREEMENT FOR HIRE
- The equipment hired out will always remain the property of Orchard Hire and Sales Limited.
- The Hirer shall not sell, hire out or part with the possession of the said hired equipment.
- The Hirer is a mere bailee of the hired equipment and no interest or title shall pass to the Hirer.
- Contravention of this condition will result in the termination of the contract and Orchard reserves the right to make additional charges.
COMMENCEMENT AND TERMINATION OF CONTRACT
- The Hire Period shall commence from the time when the equipment leaves Orchard's depot or place where last employed and shall continue until the plant is received back at Orchard's depot or an off hire date is agreed by both parties. An Off Hire number issued by Orchard, will provide proof of this date.
- If the equipment is not made available for collection as agreed between the Hirer and Orchard, then the equipment shall be deemed with immediate effect to be placed back on hire and charges for any abortive collection shall be levied against the Hirer.
DELIVERY AND COLLECTION BY ORCHARD
- Where delivery or collection is organised by Orchard, the Hirer shall pay a delivery or collection charge at the Supplier's standard transport rates. Such charges may include any wasted journey, or delays on the Hirer's site reasonably incurred by Orchard in attempting to comply with the specific or implied requirements of the Hirer.
- Every reasonable effort will be made by the Supplier to keep to the dates given for delivery or collection, but such dates are estimates only and the Supplier accepts no liability in case of failure to do so. No returns will be accepted on Saturdays or Sundays, Public Holidays or outside of normal office hours.
- All costs incurred by Orchard in the specific preparation and gathering together of goods to meet the Hirer's order, which will, where appropriate, include the consequential loss of the hire income, shall be recoverable by Orchard in the event of the Hirer cancelling the contract. If the Hirer requires delivery of the equipment to be postponed to a later date than originally agreed upon then Orchard reserves the right to charge for the hire as from the original contract date.
- If the Hirer or the representative thereof is not present when the equipment is delivered, Orchard will send a Hire Delivery Note to the Hirer. Unless any alleged discrepancy is reported to Orchard by letter or e-mail and received within two working days of delivery, then the Hire Delivery Note shall be conclusive proof of the delivery of items detailed out therein.
- The Hirer shall be responsible for the unobstructed access and egress and for the loading or unloading of equipment at the site. The Hirer shall supply sufficient labour to load or unload materials supplied on transport organised by Orchard.
- Any Orchard personnel or agent employed in the loading or unloading of hired equipment, shall be regarded as the servants or agents of the Hirer. The Hirer will be responsible for all claims arising from the unloading or loading of equipment by or with the assistance of such personnel.
- The Hirer shall be responsible for the safe loading of vehicles supplied, as directed by Orchard personnel or agents.
- The Hirer shall ensure that materials are properly and safely stacked and ready for collection, and will take care to stack equipment with due regard for the lifting capabilities of mechanical handling equipment.
- The Hirer shall make Orchard personnel aware of any potential hazards, particularly when lorry mounted cranes are utilised, and provide methods of segregating the loading or unloading area to prevent accidents or injury to third parties.
- The Hirer shall make a check of the equipment delivered by Orchard or their transport and sign the Delivery Note as conclusive proof of receipt of the items detailed thereon.
ACCEPTANCE AND CARE OF HIRE EQUIPMENT
- Orchard shall supply a detailed Delivery Note with each despatch, which will be conclusive proof of quantity and type of equipment supplied, and the equipment will be deemed to be in good condition unless notification to the contrary is received by Orchard in writing, within three working days. If the Hirer or the agent thereof is not present when the delivery takes place, Orchard will despatch a copy to the Hirer.
- The Hirer shall not interfere with the equipment or any working mechanisms. Hired equipment shall not be overpainted and labels shall not be removed .
- The Hirer shall take adequate measures to protect the Hired equipment from damage or loss.
- Any loss, damage or defect to the hired equipment shall be notified to Orchard by the Hirer immediately. In cases of damage or defect, use of the equipment shall cease until remedial action has been taken.
- The Hirer shall ensure that equipment is utilised and installed by trained and competent personnel to Industry Standards, Rules and Codes of Practice and where appropriate, erected or operated in accordance with manufacturer's instructions.
- Upon completion of the Hire Period, the Hirer shall clean and, where necessary, decontaminate the equipment. The Hirer shall be liable for any costs, liabilities and expenses incurred by Orchard, should the Hirer fail to comply with this clause.
- All equipment returned to Orchard will be counted and inspected by Orchard. Any items deemed by Orchard to be damaged or damaged beyond economic repair will be notified to the Hirer in writing to enable inspection to take place. A period of seven working days will be afforded to the Hirer before charges are levied by Orchard.
- The Hirer agrees to pay Orchard the full replacement cost of any equipment which is lost, stolen or damaged beyond economic repair, and without any deduction for usage, wear and tear or age. Where the returned equipment is damaged but repairable, the Hirer will pay to Orchard a fair and reasonable repair charge. The Hirer shall insure the hired equipment on this basis.
- The Hirer will take action to recover and return to Orchard, lost or stolen equipment hired from Orchard. In the event that the Hirer is able to recover and return the missing items to Orchard, the Hirer will be credited with any sale charges levied by Orchard for the lost or stolen equipment. Hire charges will be payable by the Hirer for the period that the returned hire items were missing.
TERMS OF PAYMENT
- An authorised Credit account may be granted at Orchard's discretion on completion of Orchard's Account Application Form and satisfactory information obtained. Any information obtained from or provided to Credit Reference Agencies or other third parties may be used for assessing further application of credit terms, for bad debt collection and for fraud prevention.
- The level of credit approval may then be granted by Orchard once the Hirer has agreed to adhere to Orchard's terms and conditions. The provision of credit facilities will be reviewed periodically and is discretionary, and may be withdrawn by Orchard at any time without giving a reason.
- Where the Hirer has an approved account, (confirmation of which has been given in writing by Orchard), payment will be due 30 days after the date of each invoice.
- If any sum remains unpaid after the due date, the payment of all charges, no matter how recent, shall become due immediately. Invoices will be presented at regular intervals during the period of hire. Punctual payment of each invoice shall be of the essence of the contract.
- Orchard will process all debit and credit card transactions in accordance with PCI DSS rules.
- Orchard reserves the right to charge compound interest at the rate of two and a half per cent per month on all sums outstanding after the date of due payment. Interest shall continue to accrue until the payment of all outstanding amounts, have been received by Orchard.
- Orchard reserves the right to suspend and/or cancel further supplies from existing or any other orders until all overdue debts have been discharged.
Orchard has the right, at its sole discretion, to serve written notice at any time that it requires any party to a dispute or alleged dispute arising out of or in connection with this Contract, to enter into Alternative Dispute Resolution by way of formal mediation. Such mediation is to take place within 21 days of service of the notice upon them. If the parties are unable to agree the identity of a mediator within 14 days of the service of the notice, Orchard shall request that the Registrar of European Administration Ltd., trading as Clerksroom, appoints the mediator and a place, date and location in the United Kingdom for mediation to take place. The parties agree that the mediation shall take place under the terms and procedures set down in the Clerksroom Agreement for Mediation, current at the date of the notice herein.
The person making the contract with Orchard warrants that they have the authority of the Hirer to make this contract on the Hirer's behalf, and hereby agrees to indemnify the Orchard against all losses and costs that may be incurred by Orchard if this is not the case..
CUSTOMER COLLECTION FROM ORCHARD
The Hirer shall make a check of the equipment collected from Orchard's premises and sign the Delivery Note before leaving, as conclusive proof of receipt of the items detailed on the Delivery Note.
CUSTOMER RETURN TO ORCHARD'S PREMISES
The Hirer undertakes to return the equipment to Orchard's premises, in a clean and sound condition. Orchard shall issue to the Hirer an Off Hire Note detailing the count and condition of the items returned and any outstanding items from the original delivery will also be listed. The date of return shall constitute the Off Hire Date.
TERMINATION OF HIRE AND COLLECTION BY ORCHARD
- The Hirer shall give at least 48 hours' notice of the intention to terminate the hire period, and obtain an off-hire reference from Orchard. Hire charges will cease from that agreed date provided that the equipment is available for collection within the period of notice. For this purpose Saturdays, Sundays and all Bank and Public Holidays are not working days.
- If Orchard is unable for whatsoever reason to collect any off-hired equipment from the location specified by the Hirer, the Hirer shall be bound to pay the Supplier's carriage charge in any event, and the equipment will continue to attract hire charges until subsequently recovered by Orchard.
- It is the Hirer's responsibility to ensure the safekeeping of the equipment until the equipment is physically returned to Orchard's premises, even if Orchard is collecting the equipment. All delivery and collection dates given by Orchard are estimates and the Hirer must ensure the adequate safekeeping of the equipment, until its physical return to Orchard's premises.
- The Hirer is responsible for loading the equipment onto Orchard's vehicles and/or any third party vehicle provided by Orchard. The Hirer shall provide the necessary labour and, mechanical handling equipment whilst ensuring the necessary site conditions to enable the safe and secure loading of the equipment onto the vehicles. The Hirer will not overload the vehicles and must load the vehicles in accordance with all the statutory provisions including but not limited to the rd traffic act. The Hirer will indemnify the driver of the vehicle for all fines and legal costs incurred by the driver or Orchard in the event of a breach of this condition.
- Counting procedures for off-hired equipment will only take place after return to Orchard's premises, and Orchard will send to the Hirer an Off Hire Note detailing quantities and condition of items returned, together with a list of items remaining outstanding from the original delivery. Unless instructed by the Hirer to transfer balances of equipment from hire to sale, the balances will remain on hire.
- The Hirer will pay to Orchard all costs incurred in rectifying the condition of any equipment returned damaged or unclean.
- In the event of loss or damage to the equipment, Orchard's loss charge shall be payable in full on demand, and such payment shall not be conditional on prior recovery by the Hirer of any sums under a policy of insurance or from any other source.
The Hirer shall keep Orchard continually informed of the location of all equipment currently on hire. The Hirer shall permit Orchard and any person authorised thereby at all times to enter the premises in which the equipment is situated to inspect and examine the equipment. Orchard may, at its discretion, render a charge for the value of the equipment should there be any reason to doubt the continuing possession and control of the equipment by the Hirer.
Orchard will provide the Hirer with appropriate instructional materials where reasonably practicable and the Hirer will ensure that this is passed onto the users of the equipment. It shall be the duty of the Hirer to ensure that their employees or sub- contractors are competent in the erection and use of the equipment and that the operatives have received adequate training therein. The equipment shall be used for no other purpose other than it is designed for.