Flat Platform Trailer

Newton specialises in the HIRE of all makes of special vehicles. We have manufactured to our design customised tipping trailers, walking floors, platforms and curtainsiders.

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Flat Platform Trailers For Hire

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FAQ

Why Would I Want To Hire a Tipping Trailer From Newton Hire?

Newton Hire is the leading walking floor hire and tipping trailer hire company in the United Kingdom & Ireland. Big is not necessarily beautiful – we know that - but - in this small specialist market it certainly helps to have been at it a while. For our part we have been in bulk trailer sales since the 1960's. We have a lot of T-shirts pinned to the wall. Each trailer is an individual and no-one has sold more tipping trailers or floors in the UK than Newton. This informs our decisions on the hire side of our company. It is our aim to use this experience to get it right for you.

What Will My Hire Tipping Trailer or Walking Floor Trailer Be Like?

We try and keep our hire trailers fresh - under 3 years old. Our trailers are checked through our own workshops before each hire.  We have our own VOSA Test Lane on site.

A typical tipping trailer for sugar beet would be a 44 Tonne compliant Fruehauf 70 cubic yard triaxle on full air, lift axle, roll over sheet, and PM on Board weighing system weighing 6295kgs. Therefore you should achieve a payload in excess of 29.5 tonnes.

If you require a TASCC quality trailer you will get one from us with the relevant paperwork for your control systems.

Why then have I hired an older trailer? At the time of your discussions the Newton Hire manager will let you know what trailer to expect. Different horses for different courses……. If you are only hiring for one week in the middle of harvest you will get the old nag next to the gate. If you give us good warning we will make a very lovely trailer available. It is all in the conversation – please talk to us – we are very nice people  - really.

What Are Your Hire Terms?

Fourweek minimum. One week notice of return of trailer. Understand the Hire Contract. Sign the contract. Keep to the contract. Make sure you earn lots of money from using our trailer and come back happy next year.

Why Don't You Hire Old Trailers at Cheaper Rates?

Old dogs keep us poor and upset our customers and will in turn upset your customers. Believe us we have the T shirt! If a job is worth doing - do it well.

What Do I Expect When I Come to Collect a Trailer for Hire?

Courtesy and help of course. We do expect you to have arranged and managed your collection time with Newton Hire prior to your arrival. If you are experiencing last minute delays please telephone to warn us.  It will take about an hour to match your tractor unit to our trailer so please allow for this.

It will require daylight to take the check out and check in video.  There are often last minute fafs which occur and may require workshop assistance – light bulbs etc. There is also the paper work.

What Are Your Opening Hours?

Workshop operations are open 6 am to 4:30 pm.

Office hours are 8:00 am to 5:30 pm Monday to Friday.

We open Saturday mornings 8:00 am to 10:00 am.

Please allow 1 hour duration for the checking in and checking out process. Please arrange your collection and drop off by discussion with the Newton Hire Manager.

We do reserve the right to refuse drop off and collection outside of these hours. It is unfair to turn up at closing time and expect our staff to attend. Please call ahead if delayed to discuss the possibility of an extension. Please remember we require 7 days notice of the return of a trailer and this is the right time to discuss matters.

What is An Automatic Sheet System?

An automatic roll over sheet is a sheeting system that can roll itself over the trailer and cover the trailer or at the press of a button roll itself open.

They are powered by a suzie from the tractor unit battery. We do hire trailers with automatic sheets. They are still a special request. Typically they cost £3500.00 fitted and therefore there is a supplementary cost for these on a Newton Hire trailer.  This does present the  problem  of YOU supplying a tractor unit with the Anderson Lead coupling to your battery pack. Due to the sensitive nature of Tractor Unit electronics we cannot connect to your battery pack for you. We have too many T shirts for blowing apart Tractor Unit systems. An automatic sheet system is becoming a common element in haulage operations. It does weigh 200 kgs more than a manual system. It does mean that each of the tractor units you swap onto our hire trailer will need to be provided by YOU with Anderson connections.There are links on our Resources website demonstrating an automatic sheet in operation.

Our Parts Center can supply Anderson Cables and all the necessary leads that you will require. You can always call and have this dispatched to you in advance of the hire date so that you can use the trailer sheet system straight away.

What About Trailer Maintenance?

We provide a good clean legal trailer at the time of check out. The maintenance side of the trailer is very important to us and will be discussed fully with you in your discussions with our Newton Hire manager. It is covered fully in our Hire Contract with you. The terms and conditions of hire are on our hire pages Terms and Conditions tab.

Basically:

You pay for the 6 weekly inspections. It is your duty under your CPC and O licence to perform legal daily checks on the trailer – some of which are listed on your contract with us. There are other daily checks more specific to a tipping trailer or walking floor that you must perform. These are listed on your contract.

Will I Pay for Damaging a Newton Hire Trailer?

Fair wear and tear – no. We are reasonable people. Damage and unauthorised changes to the trailer - yes you will have to pay. We take pictures and video of you and the trailer before you leave the yard. That is why we require you to be here in daylight and also to allow an hour for the process of checking out and checking back in. We will send to you the video before and the video after. Missing items and damage will need to be signed for and paid for. It is all in the contract.  Unlike some hire companies it is not part of our business plan to systematically take profits out of repairs to end of contract hire trailers.

My Brakes are Failing - what should I do?

Routine safety is down to your CPC and O licence. The trailer will be inspected and safe when it is checked out at Newton Hire centre by you. The brakes and friction material should be sufficient for the hire length you have discussed. Obviously on going hire will lead to brakes and friction material being inspected under YOUR 6 weekly inspections. These will flag up routine maintenance. Call our Newton Hire manager for an order number for any works required as part of your contract.

It is important for you and for us to avoid brake problems. Modern disc brakes are excellent when well maintained. Please make sure that the calipers are working well each day. Lean over the tyre, grab the caliper and make sure it moves easily in the hand. Simple.

My Tyres are Worn Out to the Cords - What Should I Do?

It’s your fault you idiot. Tyres are part of a daily inspection routine. You should not be surprised by worn out tyres.  We provide good tyres when it leaves here. All you need to do is call our Newton Hire manager to arrange tyres to be replaced at one of our approved agents before tyres become dangerous. This is a serious matter and you should not ever get to the point of worn out tyres on our hire trailer.

My Tyres are Wearing to the point of rotation or replacement - what next

Call our Hire Manager and discuss the replacement.  It maybe that tyres were excluded from the hire arrangement in agreement with yourselves. Either way call and discuss with Newton Hire.

Trailer Insurance?

The trailer must be insured by you for its full value by you.

I Am Next to the Road Broken down – What Next?

As with all failures this is where the fun starts. 7 pm on a rainy Saturday night on the M25. 

YOU are responsible for all failures when under the hire contract and for getting yourself out of the problem.

We do not have a service network nor do we have a service van. Please call us if a problem does occur and we will work very hard to understand the problem and suggest people in your area that will help to sort out that problem. Our experience of service networks for trailers is that they rarely have the right knowledge/ staff/ training/ parts to sort the problem when it occurs. It always comes down to a scramble.  You can imagine over the years the number of times we have been told that our fffing trailer has failed only to find that it is nothing to do with a failure but down to the driver running it into a wall etc. These are very hot moments in our relationship with you. Mostly they come and go by mature discussion. Other times it ends in divorce. 

We will only pay for faults once we have supplied a Newton Hire order number. There are clearly no blank cheques. This all sounds very one sided – we are very reasonable and we do actually like to maintain good long relationships with all our customers. We have studied the usual service support maps on the back page of Manufacturer pamphlets and often rung them. They are usually worse than useless when you call the number from the M25.  We will help as much as is in our ability on these occaisions but failures do happen. Please do remember that these trailers are bespoke, handmade in small number- type products. They are not mass produced Ford cars. Therefore they must be checked daily and before every use or work shift for defects – especially running gear. We find that most failures are caused by driver neglect.  Please use our Resource page on our website for Safety Manuals; and maintenance of the items on your trailer. Most manuals are generic and even if it has a Fruehauf label on it then the safety and maintenance will be applicable to other makes of trailer.

Your Competitors Sound More Touchy Feely on Their Hire Website?

‘Course they do. The grass is only greener on the other side because of the amount of manure spread there. We prefer to work honestly with you – everyone will promise you beer and cake – it is what you do each and every day that actually counts.

Cameras On the Trailer?

These are becoming a commonly required part of trailer operations. However we do not currently have hire trailers with cameras on them. There are so many types and the cab viewing systems so varied that whatever we fitted on the trailer would most likely be incompatible with your tractor unit. We therefore currently allow you to fit your own camera system neatly to our hire trailer by individual negotiation with our hire manager.

FAQ

Manuals


Dawbarn Icarus Blue System Manual
DCA Trailer Axle Systems
EB+ Gen2 Manual / Product Guide
Haldex Info Centre Manual 2010
Knorr Bremse Trailer EBS T-EBS Overview
Mercedes DCA Suspension, Axle, Brake, Manual 2010
Newton's Generic Tipping Trailer and Walking Floor Safety Guiide
SAF Operating & Service Manual
SAF Suspension, Axle, Brake Manual 2010
TASCC Information
Valx Driver Manual
What is a 'Workshop of the future'?
Manuals

Terms And Conditions of Hire

These Terms and Conditions of Hire in conjunction with the content overleaf represent an agreement ("the Agreement") made between Newton Trailers Limited having its registered office at Station Yard, Station Road, Harlington, Beds, LU5 6LD or any associated or subsidiary company it may nominate ("the Company" which expression where the context admits includes the Company's successors in title) of the one part and the person(s) specified overleaf as the Hirer ("the Hirer") of the other part, WHEREBY IT IS AGREED:-

  1. The Company will let and the Hirer will take on hire the Vehicle specified in the contract summary overleaf. In so doing the Company and the Hirer shall both contract hereunder as principals and not otherwise. The word "Vehicle" used herein shall mean the motor vehicle, demountable body, storage container, trailer, semi-trailer or replacement vehicle supplied to the Hirer by the Company under the terms of the Agreement and it shall include any extras or ancillary equipment and tools supplied therewith and all the component parts thereof whether in or on the Vehicle together with all replacements or renewals of such ancillary equipment, tools or component parts as aforesaid.
  2. The Hirer shall not sub-let or lend the Vehicle to any third party, nor shall he sell, pledge assign, charge or otherwise encumber or part with the possession of or in any manner deal with or dispose of the Vehicle (or any part thereof) or hold itself out as the owner of the Vehicle. The Hirer shall be a mere bailee for the Vehicle and no interest in it shall pass to the Hirer.
  3. The Agreement constitutes the entire agreement between the parties hereto and no representations or understandings not specifically contained in this document will be binding upon either the Company or the Hirer and no statement written or verbal by servants or agents of the Company prior to the making of the Agreement shall vary its terms or conditions nor shall they be subsequently varied unless such variations are recorded in any document marked as being supplemental hereto and signed by a duly authorised signatory of the Hirer and by a director of the Company.

ORDERS AND CANCELLATIONS OF ORDERS

  1. Once a written order for the hire of a vehicle has been signed by the Hirer and accepted by the Company it shall become biding contract between the two parties.
  2. In the event of the Hirer purporting to cancel a written order for the hire a vehicle(s) which has been accepted by the Company, the Company will only release the Hirer from its obligations upon payment by the Hirer of a sum equal to all loss and/or damage suffered by the Company. Furthermore, the deposit paid by the Hirer (if any) shall be forfeited and treated as a contribution towards the loss and/or damage suffered by the Company without prejudice to the Company's right to recover from the Hirer such loss and/or damage which the Company may suffer or incur by the Hirers default.

AGENCY

  1. The driver or any other person instructed by the Hirer to collect or receive the Vehicle shall for all purposes be deemed the Hirer's duly authorised agent for the Hirer and that in so doing he (and where relevant his employer) shall remain liable under the terms of the Agreement and shall be jointly and severally liable with the Hirer for any claims arising in respect of the Agreement.

PERIOD OF HIRE

  1. The period of hire shall be a minimum of one day and any part day arising upon the return of the Vehicle shall be charged as a whole day. All references to a period of hire shall be a minimum period of hire specified in the contract summary overleaf.

CHARGES AND PAYMENT

  1. The Hirer will pay the Company on demand, whether wholly or partly prior to the commencement of the Agreement or not, all the hire and other charges in the amount(s) specified in the contract summary overleaf. Without prejudice to the provisions of Clauses 11 (b), (c), and (d) as from the due expiration of the period of hire and until such time as the Vehicle is safely returned to the Company the Hirer will continue to pay the said charges by way of recompense for the continued use of the Vehicle. The Company reserves the right to invoice at any intervals on the basis of a fair and reasonable estimate of the time and mileage charges likely to be incurred by the Hirer and the Hirer agrees to pay those estimated charges on receipt of such invoice. Any undercharge or overcharge arising thereby which becomes apparent once the actual time and mileage charges have become known shall immediately be payable or refundable as the case may be. The number of miles over which the Vehicle has been driven pursuant to the Agreement shall be determined by reading the standard mileage recording device attached to the Vehicle by the manufactures or the Company.
  2. The hire charge for the Vehicle set forth in the contract summary overleaf shall be adjusted at twenty six week intervals in proportion to the increase or decrease in the Freight Transport Association's published index of Transport Costs (or if the same shall be withdrawn at any time any other similar Index) over the preceding 12 months. In the event of any change after the commencement date hereof in the reference base used to compile such Index the figure taken to be shown in the index after such change shall be the figure that would have been shown in the said Index if the reference base at current at the commencement date hereof had been retained. The Company shall give written notice to the Hirer of the said increase or decrease of the hire charge (if any).
  3. If the Company shall so require at any time the Hirer shall complete a banker's order, direct debit mandate, (or such equivalent alternative as the Company shall stipulate from time to time), with which to effect payment of any sums due and payable under the terms of the Agreement and the Hirer shall not revoke such payment method with out the express prior written agreement of the Company.
  4. The due date for payment in respect to all sums payable by either party to the other under the terms of the Agreement, except those sums which are payable in respect accordance with Clause 5 (a) herein, shall be 30 days after such sum has been notified in writing bt the one party to the other.
  5. If any sum payable under the terms of the Agreement (and whether the same shall be payable in accordance with Clause 5 (a) herein or otherwise) is not paid by due date the Company shall be entitled to require the Hirer (without prejudice to any of the Company's other rights hereunder) to pay interest on the arrears at the rate of 2% per month.
  6. Punctual payment of the hire charge and any other sum payable hereunder shall be the essence of the Agreement and the Company shall be entitled at its discretion to deem the Agreement repudiated by the Hirer if any sum payable shall remain unpaid for more than seven days after having become due.

USE AND OPERATION

  1. The Hirer shall not permit the Vehicle to be driven or operated in circumstances where the person so driving or operating the same, or where the load carried thereon, or where the state or condition of the Vehicle or where any factor or consideration gives rise to circumstances in which a fully comprehensive insurance policy covering inter alia or specifically the Vehicle and drawn on normal commercial terms could be invalidated in part or in whole.
  2. The Hirer shall ensure that all drivers and users of the Vehicle are completely familiar with and fully competent to operate the dimensions and all component parts thereof, and shall indemnify and keep indemnified the Company against all cost, claims, demands or loss of earnings from collision or other damage which is due to insufficient regard or competence by the driver or user of such dimensions or component parts.
  3. The Hirer shall only use the Vehicle for purposes which are considered suitable by the Company and the Hirer will comply with all statutory legal and other obligations relating to the Vehicle's use and storage and in particular but without limitation the Hirer shall be responsible for covering the Vehicle by an Operators Licence if required and for complying with all conditions attached to the grant of such Licence.
  4. The Hirer shall not use the Vehicle for the carriage of loads in excess of the Vehicle's load carrying capacity, shall distribute all loads evenly thereon, and shall not carry any goods thereon which may damage the Vehicle or render it unfit to carry other goods.
  5. The Hirer shall not remove or deface any plates or other markings or identity signs placed upon the Vehicle by the Company or permit any other person or persons so to do.
  6. The Hirer shall not use, take or cause the Vehicle to be taken outside the United Kingdom without the express prior agreement in writing of the Company which will in no circumstances whatsoever be granted for use outside the territories and boundaries of the full members of the European Economic Community. In the event that the Hirer is in breach of this provision, and without prejudice to the Company's other rights and remedies, the Hirer shall be obliged to pay the Company upon demand such surcharges, in addition to other hire charges, as the Company shall require at its discretion.
  7. Without prejudice to any of the foregoing the Hirer shall exercise all reasonable care and skill in and about the use of the Vehicle.
  8. Hygiene. TASCC, UFAS, GTAS Code of Practice for Road Haulage: The Hirer undertakes to comply to one of these codes of practice of hygiene with this hire trailer. By agreeing to this contract the Hirer agrees to comply. The Hirer must provide to the Company upon return of the trailer details of the last three loads carried. Products forbidden in this trailer under these codes include: Toxic & Corrosive Materials and any Packaging used for these Materials; Radio-active Materials; Animal & Poultry Wastes including Manures/Litter; Manures, litter and composts; Mammalian Protein, e.g. Meat and Bone Meal, Meat Meal, Cull Cake and other Mammalian Based Products. (Milk and Milk Products, Gelatin, Amino Acids, Dicalcium Phosphate, Dried Plasma and any other Blood Products are permitted to be carried); Specified Risk Material/Cull Tallow; Mineral Clays, which have been used for Detoxification purposes; Cereal and Other Seed Treated with Toxic Dressing (excluding Bagged or Packaged Seed); Glass; Hides treated with Tanning Substances and its Waste; Scrap Metal; Old tyres; Sludge from Sewage Plants Treating Waste Waters; Solid Urban Waste, such as Household Waste; Untreated Waste from Eating Places, except Foodstuffs of Vegetable Origin considered unsuitable for Human Consumption for Reasons of Freshness; Since 1 July 2000 Bituminous products eg tar chips ,tarmac planings; Other products not responsive to normal detergent cleaning; Since 1 July 2001, Processed animal protein eg meat & bone meal, dried plasma and other blood products, hoof meal, horn meal, poultry offal meal, feather meal, dried greaves, and other similar products, and includes mixtures, feeding stuffs, feed additives and premixes containing these products; Since 1 July 2002; Asbestos or materials containing asbestos; Since 1 July 2003 Pharmaceutical waste. If the Hirer allows any forbidden product to be carried the Company may seek damages of a minimum of £6,000.00 per trailer and the Hirer may become liable for ALL consequent damages caused to third parties such as processing companies or food storage companies. All fines or penalties shall be the responsibility of the Hirer who will indemnify the Company in respect of all such matters. Breach of this Clause contaminates the trailer and the Hirer will indemnify the Company in respect of subsequent damages to future Hirers of this trailer if contaminated with forbidden products.

REPAIRS AND MAINTENANCE

  1. The Hirer shall be responsible for keeping the Vehicle roadworthy and in good condition and substantial repair and condition and for carrying out all necessary daily running maintenance tasks and safety checks including but without limitation all actions stipulated within the daily check list accepted by the Hirer when signing the rental agreement. The Vehicle shall not be used nor operated in a manner likely to cause undue wear and tear or depreciation, nor shall the Vehicle be used or operated whilst it is in an unroadworthy condition or liable to cause damage to any person or property.
  2. The Hirer shall immediately report to the Company every defect in or want of repair to the Vehicle arising or becoming apparent during the period of hire and shall make the Vehicle available to the Company for the purpose of effecting any necessary repairs or servicing.
  3. The Hirer shall not without the Company's consent repair or service the Vehicle or permit any other person so to do and in no circumstances shall permit any lien for repairs to be incurred without first receiving from the Company an express written authority for such lien. Any cost incurred for such repair of service without the Company's consent shall be the responsibility of the Hirer. In the context of this Clause the Hirer acknowledges that such consent shall consist only of the Company's official written order the extent of which shall be limited to the contents thereof.
  4. No alteration of any kind is permitted to the Vehicle, either to the engine transmission or to the body work, nor is the addition permitted of any extra equipment or modification of any equipment at present fitted.
  5. The Hirer is responsible and shall re-imburse and indemnify the Company upon demand for all excessive wear, loss, contamination, load spillage, deterioration and damage of whatsoever nature (fair wear and tear excepted) to the Vehicle and/or tools, accessories, equipment and tyres whether in or on the Vehicle.
  6. The cost of effecting repairs to or replacing tyres necessitated by any punctures and blowouts howsoever occurring and whatsoever the cause shall be the responsibility of the Hirer who shall reimburse the Company in full in respect of all such costs arising.
  7. Where the Vehicle includes a trailer or semi-trailer among its component parts and in the event the said trailer or semi-trailer becomes due for service or testing in accordance with the manufacturers recommended service intervals or Department of Transport requirements the Hirer shall deliver the said trailer or semi-trailer to the Company's premises from which it was hired or to such other address as the Company shall reasonably require and the cost of conveying the said trailer or semi-trailer to and from the place of service, repair or testing shall be borne by the Hirer and the Company's expenses in connection therewith shall be recoverable from the Hirer forthwith as if the same were a liquidated debt.
  8. Where the Company suffers additional charges in carrying out its maintenance or tyre replacement obligations due to the Vehicle being made available to the Company by the Hirer outside the Company's normal working hours, or to a location other than that reasonably designated by the Company, the said additional charges shall be the responsibility of the Hirer who shall reimburse the Company in full in respect of all such additional charges.
  9. Subject to the provisions of Clauses 7 and 9 hereof the cost of effecting repairs to or servicing the Vehicle or replacing tyres due to normal wear and tear shall be borne by the Company.

ACCIDENTS AND PROSECUTIONS

  1. The Hirer shall immediately report any accident, loss or damage, or knowledge of any pending inquest or Fatal Accident Claim or the like thereof involving the Vehicle to the Company and the Insurers, and also to the Police or other appropriate Authority within the time prescribed by law. The Hirer shall supply such information, drawings and assistance in connection with the said accident, loss or damage as the Company or Insurers may require.
  2. Save in so far as varied by the statement of liability accepted by the Hirer when signing the rental agreement all traffic offences or violations of parking regulations involving the Vehicle during the period it is in the custody or control of the Hirer including all fines or penalties shall be the responsibility of the Hirer who will indemnify the Company in respect of all such matters.

INSURANCE AND LIABILITY

  1. The Hirer shall keep the Vehicle insured throughout the period commencing at the time of delivery to or collection by the Hirer and ending at the time both parties sign the check out/in document immediately upon the safe return of the Vehicle to the Company. Such insurance shall be for all risks including but not limited to all loss and damage howsoever caused (including but without limitation where the same is referable to the confiscation or impounding of the Vehicle howsoever this occurs) to the full replacement value and in respect of all liabilities to third parties of whatever nature and whether or not the Hirer is acting as carrier therefor on a fully comprehensive policy with reputable insurers free form restrictions and excess and will pay all premiums in respect thereof and shall upon demand produce to the Company evidence of payment of the premiums thereon and copies of the policy. The Hirer shall cause the interest of the Company as owner of the Vehicle to be noted upon the said policy and shall procure that the Insurers do not make any payments to the Hirer until the Company's Interest therein has been discharged. The Hirer hereby irrevocably appoints the Company to be the Hirer's agent for the purpose of receiving all monies payable under the said policy or policies and for giving a good discharge therefor.
  2. If the Vehicle is adjudged by the Company to be lost, stolen, or destroyed, or damaged beyond economic repair (having received a report to this effect from any insurance assessor and /or repair agent as appropriate) then for the purpose of Clause (a) herein the full replacement value shall mean either the fair market value of the Vehicle (as certified by an independent assessor nominated by the Company) or its fair depreciated value (as certified by the Company's appointed auditors by reference to the Company's published accounting policies), whichever be the greater, determined as at the date of such loss, theft, destruction or damage. The Hirer acknowledges that the full replacement value represents a justifiable and genuine pre-estimate of the financial loss the Company will incur in the event of the loss, theft, destruction or damage of the Vehicle as aforesaid and agrees to pay the said full replacement value upon demand if called upon by the Company to do so.
  3. The Hirer agrees to pay the Company upon demand the total cost of replacing or repairing any loss of or damage to the Vehicle (whether or not recovery is made from the Hirer's insurers) which has occurred while it is in the custody or control of the Hirer (fair wear and tear only excepted) and to indemnify the Company for costs, fines, charges or compensation arising from the existence and use of the Vehicle during the period of hire.
  4. The Hirer agrees to indemnify the Company in respect of loss of revenue due to the Vehicle being unfit for placing on hire as a result of any loss or damage to or fault or deterioration in the Vehicle which has occurred while in the custody or control of the Hirer (which loss the Company shall not have to prove other than by reference to the provisions of this Clause). For the purpose of this indemnity the Hirer's liability shall extend for such period as shall be required to effect any repairs or other work necessary in order to return the Vehicle into service, or such period as it might reasonably take for the Company to purchase a new replacement vehicle following upon the Vehicle being adjudged by the Company to be lost, stolen, or destroyed, or damaged beyond economic repair (having received a report to this effect from any insurance assessor and/or garage as appropriate) and shall be calculated at the current daily hire charge payable by the Hirer for the Vehicle for each of the days in question.
  5. The Company accepts no responsibility whatsoever for any injury, legal liability, loss, delay, cost or consequential loss to the Hirer, any third party or to third party property caused by the delay, failure, breakdown, malfunction, use or other circumstance, whether similar or not of the Vehicle or any component part thereof during the period of hire and the Hirer agrees to indemnify the Company to the extent that such injury, legal liability, loss, delay, cost or consequential loss can be so indemnified in law.
  6. The Company accepts no responsibility for any loss, delay and damage howsoever caused to any goods or articles carried, deposited or left standing in or on the Vehicle or at the premises of the Company and the Hirer agrees hereby to release and indemnify the Company from and against all claims whatsoever arising therefrom.
  7. The Hirer will, at the request of the Company, do all that is required by the Company for the enforcement of any rights or remedies against other parties that the Company may have in connection with the Vehicle.

EARLY TERMINATION

  1. The Company shall have the right to determine the Agreement without prior notice at any time (whether before or after the expiry of the period of hire) and to forthwith repossess the Vehicle in all or any of the following circumstances:-
    1. if the Company shall have bona fide doubts in regard to the financial position of the Hirer or (without prejudice to the foregoing) upon any judgement being had and obtained against the Hirer of if the Hirer shall be or become the subject of an order for bankruptcy, or insolvent, or call a meeting of or make any arrangement of composition with its creditors, or have any execution or distress levied against it, or go into liquidation (other than for the purposes of solvent amalgamation or reconstruction) or have a petition for compulsory winding up presented or an administration order made against it, or have a receiver or administrative receiver appointed over the whole or any part of its undertaking or assets;
    2. any action which the Company reasonably considers constitutes a serious or material breach of the terms of the Agreement including but without limitation any failure by the Hirer to pay after demand any monies which the Company considers to be due to it under the Agreement;
    3. the Hirer ceases or threatens to cease to carry on business;
    4. if the Company shall have good cause to believe that the Hirer is intending to use the Vehicle outside the United Kingdom without the written consent of the Company having been first obtained;
    5. the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Hirer and notifies the Hirer accordingly.
  2. In the event that prior to the expiry of the period of hire the Agreement is terminated by the Hirer for any reason or by the Company under Clause 10(a) herein the Company will only release the Hirer from its obligations upon payment by the Hirer of a sum equal to all loss and/or damage suffered by the Company.

TERMINATION

  1. Either party may terminate the Agreement by giving one weeks written notice of such intention in advance to the other to take effect on or at any time after the expiry of the period of hire except that if the Hirer returns the Vehicle to coincide with the expiry of the period of hire such written notice shall be deemed given simultaneously with the return of that Vehicle.
  2. Where the Hirer retains possession and continues with the use of the Vehicle after the expiry of the period of hire with the consent of the Company then the Hirer's duties and obligations under the Agreement (including but without limitation as to the payment of hire charges) shall continue in full force and effect until the Agreement is terminated by either party in accordance with Clause 11(a) herein or by the Company in accordance with Clause 10 (a) herein. This Clause shall not confer upon the Hirer any right whatsoever to the continued use or possession of the Vehicle.
  3. Upon termination of the Agreement for any reason and in any manner whatsoever the Hirer shall forthwith return the Vehicle to the Company in as good condition and working order (fair wear and tear only excepted) as when received from or via the Company at the commencement of the period of hire by leaving the vehicle at the Company's premises from which it was hired, or at such other address as the Company shall reasonably require, at the Hirer's expense and risk. For the purposes of this Clause the Vehicle shall not be deemed returned to the Company until both parties sign the Check out/in document immediately upon its safe return to the Company.
  4. In the event the Hirer does not return the Vehicle upon expiry of the period of hire or upon determination of the Agreement by either party in accordance with Clause 11(a) herein or by the Company in accordance with Clause 10 (a) herein and in so doing retains possession of the Vehicle without the consent of the Company then the Company shall be entitled without notice to enter into or upon any premises or land where the Vehicle might be and use all such lawful force as shall be necessary to effect recovery thereof. Any action taken by the Company as aforesaid shall not prejudice it's rights to recover from the Hirer any monies due to the Company under the Agreement or damages for any breach thereof together with all legal and other costs relating to the recovery of the Vehicle and monies due.
  5. The Hirer undertakes to remove all property from the Vehicle upon termination of the Agreement before the Vehicle is returned to or recovered by the Company. No liability howsoever arising shall be incurred by the Company in relation to any loss of or damage to property remaining in or upon the Vehicle after such termination which property (if any) the Company shall in its discretion be entitled to dispose of. In the event of such disposal or in the event of any loss or damage (howsoever caused) to such property the Hirer shall indemnify the Company against all claims and demands made by any third party in relation thereto.

ASSIGNMENT

  1. The Agreement and any interest herein may be assigned by the Company (at any time) and by the Hirer (only with the prior written consent of the Company) and shall be binding on the successors in title and assignees of the parties hereto.

WAIVERS

  1. Any delay or failure by the Company to exercise any right or remedy shall not constitute a waiver of it or them and any of the Company's rights or remedies may be enforced separately or concurrently with any other right or remedy now or in the future accruing to the Company to the effect that any such rights are cumulative and exclusive of each other.

FORCE MAJEURE

  1. The Company shall be relieved of all or any of its obligations under the Agreement to the extent that performance of such obligations is prevented, frustrated, impeded or delayed in consequence of any Act of God, consequence of war, insurrection, confiscation, requisition, destruction of or damage to the Vehicle by or under the order of any government or public or local authority, riots, civil commotions, strikes whether or not by employees of the Company, lock outs or stoppage of or restraint of labour from whatever cause whether partial or general, fire or any cause whether or not a like or similar nature beyond the control of the Company. Provided that in the event of the Company being relieved by this condition from an obligation to supply or repair any vehicle or to provide any replacement vehicle the Hirer shall not be liable for hire charges in respect of such vehicle or replacement vehicle during the period of relief.
  2. If for any reason the Vehicle is not readily available a the time of commencement of the period of hire or becomes unusable during the period of hire the Company shall have the right at its absolute discretion to replace the Vehicle with an alternative vehicle of similar capacity and performance.

NOTICES

  1. If either party shall change its registered office and/or normal place of business prior to the termination of the Agreement it shall promptly give written notice of the change to the other party.
  2. Any notice or demand to be given under the terms of the Agreement shall be given in writing in the English language addressed to the Company at its registered office and to the Hirer at its registered office and/or normal place of business. Such notice or demand shall be deemed to be received if sent by telex or facsimile transmission at the time of sending, and if sent by post 48 hours after posting, providing that the address is properly stated and the first class postage is pre-paid.

PROPER LAW

  1. The Agreement is governed by and construed in accordance with the Law of England and the parties hereto irrevocably submit to the non-exclusive jurisdiction of the English Courts.

SEVERANCE

  1. If any term or provision or any part thereof contained in the these Terms and Conditions other than those relating to payment shall be held to be illegal, unenforceable or otherwise invalid under any enactment or rule of law such term or provision or part thereof shall to that extent be deemed not to form part of these Terms and Conditions and the enforceability of the remainder of these Terms and Conditions shall not thereby be affected.

CLAUSE HEADINGS

  1. The Clause headings are inserted for convenience only and shall not affect the interpretation of the Agreement.
Terms and Conditions