TERMS AND CONDITIONS OF HIRE 

 

  1. At all times during the term of this hire, the Equipment remains the property of Kay Welding Supplies Ltd t/a K Hire.

 

  1. The Customer shall indemnify Kay Welding Supplies Ltd t/a K Hire against all loss and damage to the Equipment during the hire period for the value(s) established on Kay Welding Supplies Ltd t/a K Hire’s published pricing guides. The Customer is totally responsible for all loss and damage to the Equipment and accessories. Throughout the hire period the Customer shall, at its own expense, obtain and maintain insurance(s) of the Equipment (a) to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as Kay Welding Supplies Ltd t/a K Hire may from time to time nominate in writing (b) for such amounts as a prudent owner or operator of the Equipment would insure for, or such amount as Kay Welding Supplies Ltd t/a K Hire may from time to time reasonably require, to cover any third party or public liability risks of whatever nature and however arising in connection with the Equipment and (c) against such other or further risks relating to the Equipment as may be required by law, together with such other insurance as Kay Welding Supplies Ltd t/a K Hire may from time to time consider reasonably necessary. The Customer is advised to verify with his own insurance broker that he has adequate coverage for same. Any missing hire Equipment or damage claimed by either the Customer or Kay Welding Supplies Ltd t/a K Hire must be made known in writing to the other party within wo weeks after receipt by such claimant of the Equipment.

 

  1. Repairs due to negligence or carelessness of the Customer are to be charged at the manufacture’s list price. The Customer or its employees or any other person at the direction of the Customer shall not attempt to service the hire Equipment without the prior written authorisation of Kay Welding Supplies Ltd t/a K Hire.

 

Kay Welding Supplies Ltd t/a K Hire will not accept or be responsible for payment of any expenses incurred by the Customer to service, repair or maintain the Equipment unless first authorised in writing by Kay Welding Supplies Ltd t/a K Hire. 

 

  1. The Customer is responsible to check the oil and radiator of each engine-driven hire unit on a daily basis, The Customer acknowledges that they shall be responsible for changing the oil and filter in each unit in accordance with the manufacturer’s recommendations or as indicated on the unit unless other arrangements are made and agreed to in writing by Kay Welding Supplies Ltd t/a K Hire. Manufacturer’s Operator Manuals (including Operating Instructions and Safety Advisories) for the Equipment are available on our website or the Equipment Manufacturer website and upon request.

 

  1. The Customer hereby indemnifies Kay Welding Supplies Ltd t/a K Hire against all claims, losses, penalties, damages, judgments and other costs and expenses which Kay Welding Supplies Ltd t/a K Hire may suffer or may be required or ordered to pay for personal injuries (including death) and/or property damage suffered by any individual or corporation by reason of the possession, operation, handling, transportation or use of the Equipment during the hire period by or while in the care, custody or control of the Customer or the Customer’s employees, agents or carriers.

 

  1. The Customer hereby acknowledges that Kay Welding Supplies Ltd t/a K Hire will not be responsible for any loss or damage which the Customer may suffer, either directly or indirectly, by reason of the condition of the Equipment or the suitability of the Equipment for the work it may be required to perform.

 

  1. Standard hire rates are based on an eight-hour day. Double or triple shifts only as per arrangements with Kay Welding Supplies Ltd t/a K Hire.

 

  1. Hire charges do not include carriage. The Customer is responsible for any agreed charges for delivering and/or collecting the Equipment. Where Kay Welding Supplies Ltd t/a K Hire quotes carriage charges, these include only those for the time required to load or unload alongside RA’s vehicle at the address the Customer has specified. The Customer is responsible for costs associated with any further time incurred including any attempt by Kay Welding Supplies Ltd t/a K Hire to carry out the Customer’s pre-arranged instructions for delivery or collection which is unsuccessful due to the Customers acts or omissions.

 

  1. Hire rates will commence on the date of shipment and terminate on the date the Equipment is returned to Kay Welding Supplies Ltd t/a K Hire.

 

  1. In the event of total loss of any Equipment, this contract shall remain in effect and shall not be terminated until the Customer has confirmed the loss to Kay Welding Supplies Ltd t/a K Hire and requested to be invoiced for the loss. If the Customer (a) defaults in making any hire payments under this contract; or (b) becomes insolvent, bankrupt, makes an assignment for the benefit of creditors or becomes subject to receivership or enters into administration; or (c) fails to maintain the Equipment as required by this contract; or (d) fails to comply with any other term or provisions of this contract; or (e) fails to return the Equipment at the end of the term of this contract (or the agreed return date), then, Kay Welding Supplies Ltd t/a K Hire may terminate this Agreement without notice and take possession of the Equipment wherever it may be found, without becoming liable for damages for trespass. The Customer then shall pay to Kay Welding Supplies Ltd t/a K Hire all hire payments due, all replacement costs of damaged or missing Equipment and any damages generally resulting from the default and actions taken to recover possession of the Equipment, including reasonable legal fees and disbursements. To the extent that upon termination there is any delay of more than five (5) days in Kay Welding Supplies Ltd t/a K Hire taking possession of the Equipment due to no fault of its own and without prejudice to any other provisions of these Conditions a daily rate of one and a half (1.5) times the pro rata rental rate payable at the date of termination shall become payable by the Customer to Kay Welding Supplies Ltd t/a K Hire until such date as Kay Welding Supplies Ltd t/a K Hire takes possession of the Equipment.

 

  1. Customer shall be responsible for clean-up charges upon return of the Equipment if power washing will not restore the Equipment to its pre-hire state. (i.e., presence of concrete or spray paint, removal of decals, etc.)

 

  1. If the Customer is an individual or a partnership, or an unincorporated body of persons, the contract will terminate not later than three months from the beginning of the period of hire. In such circumstances the Customer must restore the Equipment to Kay Welding Supplies Ltd t/a K Hire before close of business on the day before the end of the three-month period. If the Customer fails to do this, Kay Welding Supplies Ltd t/a K Hire will be entitled to charge the Customer for any financial loss this causes them.

 

  1. It is the Customer’s responsibility to make sure that all persons who use the Equipment are properly instructed in its safe and correct use and that they are in possession of all instructions supplied by Kay Welding Supplies Ltd t/a K Hire. The Customer must ensure that the Equipment is not misused.

 

  1. The Customer will be responsible for the loading and unloading of the Equipment at the address specified by it. The Customer will also be responsible for the loading and unloading of the Equipment at Kay Welding Supplies Ltd t/a K Hire’s premises when the Equipment is transported by the Customer or its agent. If Kay Welding Supplies Ltd t/a K Hire supplies any person to assist the Customer, such person will be deemed under the Customer’s control at such times.

 

  1. The Customers responsibility for the Equipment begins when the Customer or its agent receives the Equipment. If it is delivered to the Customer, this responsibility begins on delivery. The Customer’s responsibilities include safekeeping of the Equipment and protection against the elements, theft, vandalism or improper use. The Customer is responsible for the return of the Equipment or making clear arrangements with Kay Welding Supplies Ltd t/a K Hire for the collection of the Equipment at the end of hire. The Customer’s responsibility ends only when the Equipment has been returned or collected and the Customer has Kay Welding Supplies Ltd t/a K Hire’s unqualified receipt for all the Equipment. The Customer must not sell or otherwise part with control of the Equipment although the Customer may (with Kay Welding Supplies Ltd t/a K Hire’s prior written approval) re-rent the Equipment to a third party and in such circumstances the Customer shall remain fully responsible and liable for the Equipment under the terms of these Conditions. The Customer will indemnify Kay Welding Supplies Ltd t/a K Hire against any and every expense, lability, financial loss, claim or proceedings whatsoever, and in respect of any death or personal injury whatsoever or damage to or loss of property whatsoever (other than the Equipment itself, which is dealt with elsewhere in these Conditions) arising out of the delivery, use, non-use, repossession, collection or return of the Equipment or any part of it. This indemnity will be reduced in proportion to the extent that such expense, liability, financial loss, claim or proceedings or death or personal injury or damage to or loss of property is due to Kay Welding Supplies Ltd t/a K Hire’s proven negligence. For the avoidance of doubt nothing in these Conditions shall exclude or limit the liability of either party for (i) death or personal injury caused by negligence; (ii) any matter which would be legal to exclude ability for, or (iii) fraud or fraudulent misrepresentation.

 

  1. Where any part of the Equipment is electrical, it should normally be used with plugs and/or sockets as fitted but if temporarily fitted with other suitable plugs or sockets, this must be carried out by a competent person who must also return it to its original condition. It will be the Customer’s responsibility at all times to arrange a suitable supply of electricity for use with the Equipment. Under no circumstances should electrical Equipment be used without it being correctly earthed unless it is of double-insulated specification. The Customer will be responsible for complying with the requirements of the Electricity at Work Regulations 1989 during the period of the Customer’s responsibility for the Equipment.

 

  1. The Customer must keep itself acquainted with the state and condition of the Equipment and ensure that it remains safe, serviceable and clean. Any breakdown or any unsatisfactory working of the Equipment must be immediately notified to Kay Welding Supplies Ltd t/a K Hire. Under no circumstances must the Customer repair or attempt to repair the Equipment unless so authorised in writing by Kay Welding Supplies Ltd t/a K Hire. The Customer must notify Kay Welding Supplies Ltd t/a K Hire immediately if the Equipment is involved in any accident resulting in damage to the Equipment or to other property, or injury to any person.

 

  1. As the engineer of record, the determination of the suitability, compatibility and uses of Equipment, weld parameters, wire and shield gas combinations, weld size, weld strength and overall usability for materials supplied for welding any material are the sole responsibility of Customer, which assumes all liability for loss, damage, and injury or death; and Kay Welding Supplies Ltd t/a K Hire disclaims any liability, responsibility or obligation whatsoever in connection therewith. 

 

  1. Equipment must not be removed without Kay Welding Supplies Ltd t/a K Hire authority from any site originally specified by the Customer or from any site Kay Welding Supplies Ltd t/a K Hire subsequently authorises.

 

  1. The total amount due from the Customer may include various itemized charges, including but not limited to: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, deliver, and shipping: and/or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all the charges are retained by Kay Welding Supplies Ltd t/a K Hire. Kay Welding Supplies Ltd t/a K Hire has not specifically quantified the relationship between the charges and the actual costs associated with the charges, which can vary by product, service, time and place, among other things.

 

  1. Kay Welding Supplies Ltd t/a K Hire’s payment terms are NET 30 days. Open account credit is subject to Kay Welding Supplies Ltd t/a K Hire’s assessment of the Customer’s financial strength and ability to pay within these terms. 

 

Kay Welding Supplies Ltd t/a K Hire will invoice the customers hire contract on week 3 of every month and any adjustments to the customers hire contract will be made in week 4 of every month. 

 

Any failure by Kay Welding Supplies Ltd t/a K Hire to enforce any or all these Conditions shall not amount to, or be interpreted as, a waiver of any of Kay Welding Supplies Ltd t/a K Hire’s rights. 

 

I any term in this contract is held invalid, this shall not affect the validity of the remaining terms. The headings in these Conditions are for reference purposes only and shall not affect the interpretation of these Conditions. 

 

No third party shall have any rights under or in connection with the contract by virtue of the Contracts (Rights of Third Parties) Act 1999. 

 

The contract shall be governed under English law and the parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arses out of or in connection with this contract.  

 

CONDITIONS OF SALE 

 

  1. The contract comes into being when the Customer has placed an order giving details of its requirements and has agreed to be bound by these Conditions and Kay Welding Supplies Ltd t/a K Hire has accepted its order.

 

  1. All claims by the Customer concerning non-receipt of Equipment must be made in writing to Kay Welding Supplies Ltd t/a K Hire within ten (10) days of the anticipated delivery date.

 

  1. Prices are subject to change without notice.

 

  1. Return of the Equipment by the Customer is permitted only by prior written authorisation of Kay Welding Supplies Ltd t/a K Hire and shipment shall be prepaid by the Customer. There is a ten percent (10%) restocking charge for returned Equipment.

 

  1. The Customer, or the recipient on its behalf, will receive and unload the Equipment and should check it for quality and condition in the presence of the carrier. If there is a shortage or if any of the Equipment is in an unsatisfactory or damaged condition, the Customer or the recipient must so endorse the carrier’s delivery document and must give a separate written notice of this to Kay Welding Supplies Ltd t/a K Hire within three days of delivery. If this Condition is not observed, no claim in respect of shortage or of unsatisfactory condition of the Equipment will be entertained.

 

  1. The risk in the Equipment will pass to the Customer immediately on delivery of the Equipment to the Customer or its recipient. The ownership of the Equipment will remain with Kay Welding Supplies Ltd t/a K Hire and Kay Welding Supplies Ltd t/a K Hire reserves the right to dispose of the Equipment until the Customer has paid in full for all Equipment which Kay Welding Supplies Ltd t/a K Hire has supplied at any time to the Customer. Until such payment has been made in full, the Customer will hold the Equipment on behalf of Kay Welding Supplies Ltd t/a K Hire and will be under an obligation to return it to Kay Welding Supplies Ltd t/a K Hire on demand. The Customer will permit Kay Welding Supplies Ltd t/a K Hire to enter any land or premises of the Customer to recover the Equipment.

 

  1. Equipment is sold to the Customer on an ‘as is basis. Kay Welding Supplies Ltd t/a K Hire warrants that the Equipment will remain in good working condition for a period of thirty (30) days from the date of purchase.

 

  1. All times which Kay Welding Supplies Ltd t/a K Hire states or quotes for delivery are approximate. Kay Welding Supplies Ltd t/a K Hire will not be liable for any delays caused by any circumstances beyond its reasonable control.  Kay Welding Supplies Ltd t/a K Hire will not be liable for any indirect loss, loss of business, profits, savings the Customer expects to make, wasted money, wages, fees or expenses, due to late delivery, non-delivery, unsuitability, breakdown or stoppage of the Equipment or any part of it.

 

  1. Any failure by Kay Welding Supplies Ltd t/a K Hire to enforce any or all of these Conditions shall not amount to, or be interpreted as, a waiver of any of Kay Welding Supplies Ltd t/a K Hire’s rights.

 

  1. The total amount due from the Customer may include various itemised charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery, and shipping; and/or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all the charges are retained by Kay Welding Supplies Ltd t/a K Hire. Kay Welding Supplies Ltd t/a K Hire has not specifically quantified the relationship between the charges and the actual costs associated with the charges, which can vary by product, service, time and place, among other things.

 

  1. No third party shall have any rights under or in connection with the contract by virtue of the Contracts (Rights of Third Parties) Act 1999.

 

  1. The contract shall be governed under English law and the parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this contract.

 

LIMITATION OF LIABILITY 

 

Kay Welding Supplies Ltd t/a K Hire shall not be liable for injury, death, loss or damage of any kind, arising in any manner, directly or indirectly, from any delay, act, error or omission of Kay Welding Supplies Ltd t/a K Hire, or from the services, parameters or any Equipment or its presence or use, whether singly or in combination with other equipment, or for explosion. IN NO EVENT SHALL KAY WELDING SUPPLIES T/A K HIRE BE LIABLE FOR LOSS OF PROFITS OR INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES ARISING HEREUNDER. Kay Welding Supplies Ltd t/a K Hire shall not be liable in damages or otherwise for any failure or delay in the performance of any obligation hereunder caused by strike, lockout, riot, war, terrorism, accident, act of God, industrial disturbance, governmental action or regulation, curtailment or failure to obtain Equipment or sufficient or adequate raw materials, fuel, labour or utilities, industrial, transport, machinery, weld parameters or Equipment breakdown, or for any cause whatsoever beyond  Kay Welding Supplies Ltd t/a K Hire’s reasonable control. Any claim for shortage in Equipment or parts thereof is waived by Customer unless made in writing to Kay Welding Supplies Ltd t/a K Hire within five (5) days after delivery of the invoice therefor.