Conditions for Hire and Sale of Goods

1. INTERPRETATION

1.1 In these conditions the following words have the following meanings:

“Consumer”: an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft, or profession;

“Contract”: a contract which incorporates these conditions and is made between the Customer and A&J Plant Services for the hire or sale of Goods;

“Customer”: the person, firm, company, or other organization hiring Hire Goods or purchasing Sale Goods;

“Deposit”: any advance payment required by A&J Plant Services in relation to the Hire Goods, which is to be held as security;

“Digital Content”: data which is produced and supplied in digital form;

“Force Majeure”: any event outside a party’s reasonable control including but not limited to acts of God, war, flood, fire, labor disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, terrorism, governmental actions, and any other similar events;

“Goods”: any machine, article, tool, and/or device together with any accessories specified in a Contract which are hired or sold to the Customer;

“Hire Goods”: any Goods which are hired to the Customer;

“Hire Period”: the period commencing when the Customer takes possession of the Hire Goods and ending upon their return to or collection by A&J Plant Services;

“Liability”: liability for any and all damages, claims, proceedings, actions, awards, expenses, costs, and any other losses and/or liabilities;

“Rental”: A&J Plant Services’ charging rate for the hire of the Hire Goods which is current from time to time during the Hire Period;

“Sale Goods”: any Goods which are sold to the Customer;

“Services”: the services and/or work (if any) to be performed by A&J Plant Services for the Customer in conjunction with the hire or sale of Goods including any delivery and/or collection service in respect of the Goods.

2. BASIS OF CONTRACT

2.1 Goods are hired or sold subject to them being available for hire or sale to the Customer at the time required by the Customer. A&J Plant Services will not be liable for any loss suffered by the Customer as a result of the Goods being unavailable for hire or sale due to circumstances beyond A&J Plant Services’ control.

2.2 Where the hire of the Hire Goods is to a Customer who is an individual, unincorporated entity, or small partnership and the hire would be covered by the Consumer Credit Act 1974, the duration of the Hire Period shall not exceed 3 months. Accordingly, the hire of any Hire Goods is not covered by the Consumer Credit Act 1974.

2.3 Nothing in this Contract shall exclude or limit any statutory rights of the Customer which may not be excluded or limited due to the Customer acting as a Consumer.

3. PAYMENT

3.1 The amount of any Deposit, Rental, monies for Sale Goods, and/or charges for any Services shall be as quoted to the Customer or as shown in A&J Plant Services’ current price list. Deposits must be paid in advance of hiring the Hire Goods.

3.2 Payment must be made in full at the time and in the manner agreed. Prices are exclusive of VAT unless otherwise stated.

3.3 Late payments may incur interest at the rate of 4% above the base rate of A&J Plant Services’ bank or as permitted by law.

4. RISK, OWNERSHIP, AND INSURANCE

4.1 Risk in the Goods will pass immediately to the Customer when they leave the possession of A&J Plant Services.

4.2 Ownership of the Hire Goods remains with A&J Plant Services at all times. The Customer must not deal with the ownership or interest in the Hire Goods.

4.3 The Customer may be required to insure the Hire Goods for risks specified by A&J Plant Services.

5. DELIVERY, COLLECTION, AND SERVICES

5.1 It is the responsibility of the Customer to collect the Goods from A&J Plant Services and return them at the end of the Hire Period.

5.2 If A&J Plant Services agrees to deliver or collect the Goods, additional charges may apply.

6. CARE OF HIRE GOODS

6.1 The Customer shall:

• Use the Hire Goods for their proper purpose and in accordance with safety instructions.

• Notify A&J Plant Services immediately after any breakdown, loss, or damage.

• Protect the Hire Goods from theft, damage, or other risks.

• Return the Hire Goods in good working order and condition.

• Be confident and knowledgeable in operating the equipment. Tools and machinery are handed over with proper handover procedures. If the operator or hirer is unsure how to operate the equipment, they must stop use immediately and seek assistance from A&J Plant Services.

• Follow all fueling guidelines. Misuse, including incorrect fuel mixtures (e.g., for two-stroke engines), will result in additional charges for repairs or cleaning.

7. SALE OF MACHINE PARTS

7.1 A&J Plant Services also offers a range of machine parts for sale, covering small plant and machinery. Customers are responsible for ensuring the compatibility of purchased parts with their equipment.

7.2 Customers are advised to follow manufacturer guidelines for installation and maintenance of all parts purchased from A&J Plant Services.

7.3 Returns and refunds for parts will be subject to the terms outlined at the time of purchase.

8. LOSS OR DAMAGE TO HIRE GOODS

8.1 The Customer is responsible for the cost of repairs or replacement of Hire Goods that are lost, stolen, or damaged beyond repair.

9. LIMITATIONS OF LIABILITY

9.1 A&J Plant Services shall not be liable for indirect or consequential losses.

9.2 A&J Plant Services’ total liability shall not exceed five times the amount of the Rental or monies payable for Sale Goods under the Contract.

10. TERMINATION

10.1 Either party may terminate the Contract with reasonable notice or immediately if the other party breaches the terms of the Contract.