STANDARD TERMS OF PURCHASE
CONDITIONS OF HIRE
360° Service Items means any associated ancillaries, services or optional extras hired or sold by Elliott to the Customer in addition to any Building under this Agreement including, air conditioners, furniture, equipment, generators, toilets and fire extinguishers and related service packages, and subject to any applicable 360° Service Terms.
360° Service Terms means any additional terms applicable to the particular 360° Service Items which are hired by the Customer as referenced or incorporated in the EHQ or the Hire Contract.
Agreement has the meaning given in clause 2.
Building means any relocatable or modular building or storage container hired by Elliott to the Customer under this Agreement, but does not include 360° Service Items.
Customer means the party referred to in the Hire Contract.
Damage Waiver Excess means the amount stated in the Hire Contract as the Damage Waiver Excess per damaged Building or other item of Hired Equipment, as applicable.
Damage Waiver Fee means the damage waiver fee, exclusive of VAT, specified in the relevant Hire Contract.
EHQ means the Elliott Hire Quotation prepared by Elliott for the Customer and which bears a quotation number.
Elliott means Elliott Group Limited.
Exclusions means any loss resulting from a risk which is not an Insured Risk, willful misconduct by the Customer or its employees agents or contractors, any loss of Hired Equipment revealed only when an inventory is made, loss of generating equipment in or connected to powered Buildings, bodily injury, glass breakage, civil or foreign war, nuclear damage, terrorism, embargo / destruction upon request of government or public authority, wear and tear, theft from an unsecure or unguarded building or Site, fraud, dishonesty, business interruption, indirect damages, loss damage or re-instatement of ground in or around the Site, losses or damage resulting from the incorrect use and maintenance of the Hired Equipment, and loss occurring outside the UK.
Hire Charges means the hire charges referred to in the Hire Contract at their full face value without any deduction, counterclaim or set-off whatsoever.
Hire Contract means the hire contract prepared by Elliott for the Customer and which bears a hire contract number.
Hired Equipment means any Buildings or 360° Service Items hired by Elliott to the Customer under the Agreement
Hire Period means the period of time from and including: (i) the Hire Start Date or Practical Completion (if Site Works are applicable); until (ii) the Hired Equipment is returned to Elliott in accordance with the Agreement.
Hire Start Date means the date specified as such in the Hire Contract, or if earlier, delivery of Hired Equipment to the Site.
Individual means a natural person, a partnership consisting of two or three persons not all of whom are bodies corporate; and an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership;
Insured Risk means fire, act of vandalism (by a person other than the Customer, its employees, agents and contractors), and theft from a secure or guarded Site.
Minimum Hire Period (MHP) means the Minimum Hire Period, as referred to in the EHQ or the Hire Contract.
Practical Completion means the date of completion of the Site Works (if applicable) as determined by Elliott at its discretion.
Services means any services provided by Elliott to the Customer in relation to the 360° Service Items as specified in the Hire Contract or the EHQ.
Site means the site or location set out in the Hire Contract.
Site Works means any installation works to be undertaken by Elliott as set out in the relevant EHQ or the Hire Contract.
3.1 The EHQ will lapse 30 days from the date of issue and may be withdrawn by Elliott at any time for any reason.
3.2 Any Hired Equipment or Service stated in the EHQ is provided subject to the availability of the applicable items and Services immediately before the Hire Period, and Elliott reserves the right to offer alternative items or Services should those included in the EHQ not be available or to withdraw the EHQ in its entirety.
The Customer will pay all costs (at Elliott’s current rates from time to time) of loading, transporting and unloading of the Hired Equipment relating to delivery and collection of the Hired Equipment to and from the Customer’s Site.
Elliott may subcontract any part of its obligations under the Agreement.
If any Hired Equipment is involved in any accident resulting in injury to persons or damage to property (including the Hired Equipment), the Customer must immediately notify Elliott by telephone with confirmation in writing to email@example.com and entitled “Important Legal Notice of Accident”, and no admission, offer, promise of payment or indemnity shall be made by the Customer to any third party without Elliott’s consent in writing.
Elliott will only perform a variation on written instruction from the Customer and only after the Customer has agreed in writing any price variation notified by Elliott within seven days.
Elliott shall not be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations under the Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control and, if Elliott is unable to perform for a period of four weeks, Elliott may terminate the Agreement or such part of the Agreement that relates to the affected Hired Equipment, Sale Item or Service (as applicable).
The Hired Equipment is not for sale to the Customer.
A party’s failure or delay to exercise a power or right does not operate as a waiver of the power or right. A waiver is not effective unless in writing. The provisions of this Agreement will not be amended in any way unless agreed in writing between the parties.
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision pursuant to this clause shall not affect the validity and enforceability of the rest of this Agreement.
The Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement.
Any written communication between the parties shall be effective and shall be sufficiently served if sent by letter whether delivered by pre-paid post, as an email or delivered by hand to the address of the other party as referred to in the Hire Contract and shall be deemed to have been received: if sent by post 2 working days after posting; if sent by email 1 business day after transmission; and if delivered by hand at the date of delivery.
TERMS AND CONDITIONS OF SALE
Your attention is drawn in particular to Condition 8 which contains limitations on liability
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You acknowledge that your use of this site and its content is at your own risk. If you are dissatisfied with this site or have any suggestions for improving the site, please contact us at firstname.lastname@example.org Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise. Applicable law may not allow the limitation or exclusion of liability of certain damages, so this limitation or exclusion may not apply to you in its entirety.
This site is not directed at persons in a jurisdiction where for any reason the site’s publication or availability is prohibited and any person for whom such a prohibition applies must not access the site. Those who access the site do so on their own initiative and are responsible for compliance with applicable local laws or regulations.
This statement sets out our policy in relation to the holding and using of information, which we may obtain from you when you contact us via the website. If you have opted to provide us with personal information about you we may, in addition to using it to process any query placed by you, use this information to contact you by email telephone or post to provide you with details about our products or services or any other information which we believe may be of interest to you.
It is intended that by providing personal information about yourself to us you consent to their use for the above purposes. It is intended that any consent given above will benefit any purchaser of our business. If, at any time in the future you would like us to stop using your details for any of the above purposes please email us at email@example.com
Validity of Provisions and Remedies
If any provision of these conditions is or becomes invalid or contravenes applicable regulations then the remaining provisions will not be affected.
No waiver by us of any breach of these conditions shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
Links to the Site
Websites or pages to which this site is linked (other than other websites operated by us) are for information only and have not been reviewed by us. We have no responsibility for the content of such websites or pages and accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same.
These conditions are governed by the laws of England.
These Additional Terms and Conditions for Generator Hire (“Generator Conditions”) form part of and shall be subject to Elliott’s Conditions of Hire which can be found at http://www.elliottuk.com/conditions-hire. The Generator Conditions relate only to the hire of generators, hybrid power solutions, related cables, distribution boards (Power Equipment), fuel tanks (Fuel Tank) and fuel management services (Fuel Management Option) (each including in the definition of Equipment). In the event of any inconsistency between these Generator Conditions and the Conditions, these Generator Conditions shall prevail.
I) Hire Charges for Power Equipment and Fuel Tanks are inclusive of standard Site servicing in accordance with the Owner’s programme for servicing and will normally be made Monday to Friday between 0800 to 1700 (excluding bank and public holidays at the relevant Site or any period during the annual Christmas shutdown (normally Christmas Eve and the day after New Years’ Day (bank and public holidays permitting).. Full 24-hour support may be available at additional cost subject to agreement in writing by the Owner and subject to any other terms and conditions notified by the Owner.
II) Unless otherwise stated in the quotation and the relevant Order, the minimum Period of Hire of Power Equipment and/or Fuel Tanks is 5 working days and subject to a maximum usage of 50 hours, with excess hours chargeable at any time following the end of the original Period of Hire and to be paid on demand.
III) If the parties have agreed in the writing the Hirer may operate the Power Equipment and Fuel Tanks for an unlimited number of hours (“Unlimited Generator Hours”) the Hirer shall operate the Power Equipment and Fuel Tanks in accordance with the manufacturers operating manual including any restrictions on operation stated therein. If the ‘Unlimited Generator Hours’ option is not specified in the Order the Hirer will be charged for any use in excess of 50 hours. Evidence of the excess use will be provided on request. The ‘Unlimited Generator Hours’ option can be requested at any point during the hire period subject to availability and agreement in writing by the Owner.
IV) In the event of cancellation, delay or postponement prior to delivery of any Power Equipment, Fuel Tanks or Fuel supply, the Hirer must give not less than 24 hours’ notice and should be notified before 12pm noon. An abortive charge including but not limited to delivery, transport and storage charges will be applied where 24 hours’ notice is not provided.
V) Fuel Tanks are delivered with a full tank of Fuel. Where the Fuel Management Option is not taken any Fuel remaining in the Fuel Tank will be credited on return at the Owner’s usual rates.
VI) If the Hirer has opted for the Fuel Management Option the Owner shall use reasonable endeavours to provide such service in accordance with the levels stated in the Order and the terms of the Contract.
VII) All Fuel Equipment is supplied with full Fuel tank and fuel used is chargeable unless otherwise agreed. The Owner’s current fuel charges are as follows
a. Fuel tank top-up will be charged at £POA litre. Evidence will be provided on request.
b. Contaminated Fuel will be charged at £POA litre. Evidence will be provided on request.
c. Bulk Fuel supplies (>1000 litres) and Fuel Management Option will be charged at £POA litre.
d. Due to the volatility in world oil prices the Owner reserves the right to charge transport and fuel rates at its prevailing rates at any time during the Period of Hire.
VIII) The Fuel to be provided as part of the Contract is Class A2 Gasoil (and references to “Fuel” shall be construed accordingly).
IX) Where a Site survey has not been carried out or Site conditions or lay out change after the Site survey; any specialist requirements that have not been identified or advised, and any deviations from the Quotation may be chargeable by the Owner to the Supplier and paid on demand.
These may include but are not limited to:
a. The repositioning of the generator/s due to proximity to a water course (within 10m) that was not advised at enquiry stage.
b. The repositioning of the generator/s due to a restricted Site that was not advised at enquiry stage.
c. Any additional materials required as a result of a or b.
X) If the Hirer does not want the Owner to automatically top up Fuel Tanks with Fuel, it must notify the Hirer of this in writing at least 24 hours in advance.
XI) The Hirer agrees that it will not, and will not permit any third party to, deposit any fuel or other liquid or material into the Fuel Tanks without the prior agreement of the Owner.
XII) The parties agree that the Owner can have no liability for the quality of Fuel stored in the Fuel Tanks where liquids or materials other than Fuel supplied by the Owner has been deposited into the Fuel Tanks.
XIII) The Owner will notify the Hirer of its proposed delivery of Fuel and the Hirer will allow the Owner reasonable access to allow it to deliver the Fuel and within 30 minutes of arrival at Site. Deliveries of Fuel will normally be made Monday to Friday between 0800 to 1700 (excluding bank and public holidays at the relevant Site or any period during the annual Christmas shutdown (normally Christmas Eve and the day after New Years’ Day (bank and public holidays permitting).
XIV) Risk of loss of or damage to the Fuel shall pass to the Hirer once the Fuel has passed into the Hirer’s storage tanks.
XV) The Hirer agrees that the Fuel provided as part of the Fuel Management Option is not permitted to be used for use in road vehicles and it agrees that it will not use such Fuel (or permit such Fuel to be used) for road use and that it will indemnify the Owner and keep the Owner fully indemnified against any losses, damages, claims, penalties or fines which are suffered or incurred by the Owner arising out of or in connection with the Hirer’s misuse of the Fuel.
XVI) The Hirer shall only use Fuel Tanks in accordance with the Owner’s written instructions and the Hirer agrees that it will indemnify the Owner and keep the Owner fully indemnified against any losses, damages, claims, penalties or fines which are suffered or incurred by the Owner arising out of or in connection with any issues, damage to, misuse or failure of the Fuel Tanks which is not as a result of an act or omission of the Owner.
XVII) A quotation for Power Equipment, Fuel Tanks and Fuel Management Option is valid for acceptance for 30 days from the date on the quotation (See below for return confirmation).
These Additional Terms and Conditions for Kitchen and Catering Equipment Hire (“Kitchen and Catering Conditions”) apply in addition to Elliott’s Conditions of Hire which can be found at http://www.elliottuk.com/conditions-hire for any hire of Kitchen Equipment and form part of and are incorporated into Elliott Conditions of Hire.
1.1 The Customer or Elliott may terminate the Hire Contract by notice in writing to the other of not less than the duration specified below, any such notice to expire on the last day of the Minimum Hire Period or any day thereafter:-
|Minimum Hire Period||Notice||Minimum Hire Period||Notice|
|1 month||1 week||3 months||2 weeks|
|6 months||3 weeks||12 months||4 weeks|
|24 months||12 weeks||36 months||26 weeks|
2.1 Connection and disconnection of services on Site is must be performed by a competent engineer in accordance with the service requirements outlined by Elliott.
2.2 Gas equipment must be installed by a Gas Safe registered engineer. All gas fired catering equipment should be installed in accordance with current gas regulations.
2.3 Customer to ensure that all pipe work is sufficiently protected to prevent any form of damage including cold weather. Any damage caused as a result of this not being carried out will be chargeable.
2.4 Customer to ensure that all pipe work is sufficiently protected to prevent any form of damage including cold weather. Any damage caused as a result of this not being carried out will be chargeable.
2.5 Customer to supply water pressure to 1.5 bar (where applicable). Please consult Elliott if unsure or require clarification.
2.6 Customer to supply a working gas pressure of 28mbar for a LPG supply and 21mbar for a NAT supply (where applicable). Please consult Elliott if unsure or require clarification.
2.7 No refund is available on any LP Gas Cylinders whether used or unused due to Gas Health and Safety regulations. You must re-order gas through Elliott, to do this please contact the Elliott ordering office.
Kitchen Equipment means the kitchen and catering equipment, and any equipment ancillary thereto, listed in the quotation provided by Elliott to the Customer.
3.1 The quotation does not include for the provision of fire alarms, fire extinguishers, fire doors, emergency lighting or security systems.
3.2 It is the responsibility of the Customer to undertake a fire risk assessment for the portable facility provided by Elliott.
3.3 Fire suppression testing must be carried out every 6 months and is excluded from the quotation unless otherwise agreed. Please contact the Elliott ordering office for more information.
3.4 The Customer shall use the Kitchen Equipment in a skillful and proper manner and in accordance with any operating instructions issued with the Kitchen Equipment and shall ensure that the Kitchen Equipment are operated and used by properly skilled and trained personnel. The Customer shall be responsible for maintaining the Kitchen Equipment in the same condition as on the date of its delivery and for returning the Kitchen Equipment at the expiry of the Hire Period in a good and clean condition (fair wear and tear excepted). If Elliott in its absolute discretion shall consider that the Kitchen Equipment shall require cleaning at any time while it is on hire to the Customer in order to ensure its efficient operation or its continued efficient operation, Elliott shall be entitled to clean the Kitchen Equipment and charge the cost of so doing to the Customer.
3.5 If at any time during the Hire Period any item of the Kitchen Equipment is lost or damaged the Customer shall be responsible for the full cost of replacement or repair of such item of the Kitchen Equipment. In addition, the Customer shall be responsible for the replacement of all consumable items such as dishwasher salts, water softeners, calcium treatment units, slicer blades and light bulbs. In the case of damage to the Kitchen Equipment Elliott shall be entitled in its absolute discretion to determine whether the damage shall be made good by repair or the damaged item of the Kitchen Equipment shall be replaced.
3.6 No alteration or modification will be carried out to the Kitchen Equipment without the prior consent in writing of Elliott.
3.7 Nothing may be affixed to either the interior or exterior walls of the cabin or portable building housing or forming part of the Kitchen Equipment.
3.8 In the event of any item of the Kitchen Equipment malfunctioning, the Customer will inform Elliott at the earliest possible opportunity.
3.9 If in the opinion of Elliott any malfunction of the Kitchen Equipment is caused by misuse, neglect or malicious vandalism, scaled water, impact damage or broken knobs or frets the cost of repairs, as well as a call out charge at Elliott’s then-applicable rates, will be charged to the Customer. If in the opinion of Elliott, the malfunction of the Kitchen Equipment is caused by incorrect usage, insufficient gas or electrical supply, inadequate water treatment or any other problem unrelated to the Kitchen Equipment, Elliott will charge the Customer a full call-out charge at the then applicable rates, including all transport charges.
3.10 In times of severe weather, precautions should be taken by the Customer to avoid frost, flood, wind, hail or storm damage. Elliott recommends that the unit be drained down or kept heated overnight at such times. Damage caused by frost is the responsibility of the Customer.
3.11 Under no circumstances may the Customer remove any Kitchen Equipment or part thereof from the cabin or portable building supplied by Elliott. No cooking equipment connected to a supply of water, electricity or gas, other than equipment supplied by Elliott, may be used within any portable kitchen supplied by Elliott unless agreed in advance in writing by Elliott.
3.12 The Customer shall be responsible for ensuring compliance with any applicable rules or regulations relating to health or safety at work and shall take such steps (including compliance with all safety and usage instructions provided by Elliott) as may be necessary to ensure, so far as is reasonably practicable, that the Kitchen Equipment are at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work. In particular, if it is necessary or prudent for fire extinguishers to be available at the Site within the cabin or portable building supplied by Elliott, the Customer shall be responsible for supplying them.
3.13 Should any fixed or loose item of the Kitchen Equipment e.g. keys, sink plugs etc. not be returned with the Kitchen Equipment at the expiry of the Hire Period then rental will be charged on that item until it is either returned to the Customer or payment for the item is received by Elliott. The minimum hire charge for such items will be £20 plus £1 per item per day.
3.14 Where a Combination Oven and Calcium Treatment Unit (CTU) are on hire, it is the responsibility of the Customer to ensure regular checks are carried out to monitor the effectiveness of the CTU and to order replacement units when necessary in a timely manner, by ringing the Elliott ordering office.
4.1 The Customer shall fully clean down the Kitchen Equipment each day during the Hire Period as is mandatory for hygienic catering practice.
4.2 At the expiry of the Hire Period and prior to the collection of the Kitchen Equipment by Elliott the Customer will deep clean the Kitchen Equipment so that the Customer returns the Kitchen Equipment to Elliott in the same condition, fair wear and tear excepted, and standard of cleanliness as it was in when supplied by Elliott. Elliott will be entitled to charge up to £500.00 for each unit and £50.00 for each item of catering equipment received at Elliott’s premises that has not undergone a deep clean.
4.3 Due to the nature of cold storage, Elliott does not cover the contents of refrigeration equipment therefore risks should be covered in the normal way.
To discuss any of our products or services further, please make an enquiry with our team who can discuss your exact requirements