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The rates of hire, delivery and collection will be specified in writing in the form of a
quotation. Verbal estimates may be given as a guide only and may be varied in writing at a
Onsite Refrigeration reserve the right to remove refrigeration from hire if the customer fails to meet
the payment terms specified in the quotation.
The period of hire commences on the day that the refrigeration leaves our site and
continues until the unit is off hire: both days being included in the period of hire.
The trailer must be sited on a flat and level hard standing base provided by the customer. If
the trailer is to be situated in a building or marquee, then adequate ventilation must be
available to maintain an ambient temperature of no more than 22 degrees centigrade.
The mains power socket must not be more than 12 metres from the unit using a
13amp cable or 25 metres from the unit using a 16amp cable. Failure to observe this
condition may result in damage to the unit which will be charged to the hirer.
All units are cleaned and checked prior to the date of hire. The hirer must monitor the
temperature on a regular basis and any significant change should be notified to Onsite Refrigeration
Breakdowns are covered by the manufacturer’s service agents who provide 24 hour back
up and the cost is covered by Onsite Refrigeration provided that the hirer has adhered to the terms
and conditions of the hire. The hirer must not attempt to repair the unit without prior
permission from Onsite Refrigeration.
There is a £1000 insurance excess on every claim relating to damage or theft of the
trailer which the hirer is liable to pay. We do not accept any liability for loss of
contents under any circumstances therefore the hirer must ensure that the contents
The hirer must ensure that there is adequate ventilation around contents to ensure that
the temperature is evenly maintained. Contents to be stored must be food safe and free
The unit is designed as a holding room, therefore contents entering the chiller must be
between +5 to +10 degrees centigrade. It is the hirer’s responsibility to ensure that all
temperature criteria are adhered to.
The door must only be opened to allow access and the strip curtains be allowed to hang
over the entrance to the doors. Leaving the doors open for long period will cause large
fluctuations in temperature and this in turn will cause the fridge to block or ice up. Any
refrigeration malfunction/damage/breakdown/misuse must be notified to Onsite Refrigeration
immediately and we will arrange for an engineer to assess/repair the problem as soon as
The trailer must not be towed or moved without any prior consent. All trailers are fitted
with anti-theft devices at the time of delivery. Any loss or damage of these items will be
Keys @ £5.00, Padlocks @ £10.00, Wheel Clamps @ £100.00, Hitch locks @£75.00.
All prices are subject to VAT.
Under no circumstances is the hirer allowed to:
• Alter or modify the unit and its associated equipment.
• Remove the refrigeration and its associated equipment.
• Deny access to Onsite Refrigeration to the unit.
• Sub-let, re-hire or sell the unit or its associated equipment.
The Customer must:
• Maintain the refrigeration trailer and its associated equipment in the condition in
which it was delivered.
• Maintain regular cleaning rotas as per environmental health regulations.
If the unit is returned in a dirty condition then a £50.00 cleaning charge will be made.
Onsite Refrigeration reserve the right to charge 5% over bank base rate on all overdue accounts. The
hirer is responsible for all accidental damage and will cover all consequential losses as a
result. The hirer shall also fully and completely indemnify in respect of all claims for any
reason whatsoever for injuries to persons or property caused by, or in conjunction with, or
arising from the refrigeration and/or associated equipment and in respect of all costs and
charges in connection herewith.
Whilst every effort is made to provide the customer with refrigeration equipment as
quoted on the day and time requested, Onsite Refrigeration cannot be held responsible for delays
due to incidents beyond our control i.e. Non-payment of accounts, serious traffic delays,
breakdown of delivery vehicle, inclement weather or acts of God.
GENERAL CONDITIONS FOR HIRE AND SALE OF PRODUCTS
1.1 In these conditions the following words have the following meanings:
“Contract” means a contract which incorporates these conditions and made between the
Customer and the Supplier for the hire of Hire Goods and/or the sale of Products;
“Customer” means the person, firm, company or other organisation hiring Hire Goods;
“Deposit” means any advance payment required by the Supplier in relation to the Hire
Goods which is to be held as security by the Supplier; “Force Majeure” means any event
outside a party’s reasonable control including but not limited to acts of God, war, flood,
fire, labour disputes, strikes, sub-contractors, lock-outs, riots, civil commotion, malicious
damage, explosion, terrorism, governmental actions and any other similar events; “Hire
Goods” means any machine, article, tool, and/or device together with any accessories
specified in a Contract which are hired to the Customer; “Hire Period” means the period
commencing when the Customer holds the Hire Goods on hire (including Saturdays
Sundays and Bank Holidays) and ending upon the happening of any of the following
events: (i) the physical return of the Hire Goods by the Customer into the Supplier’s
possession; or (ii) the physical repossession or collection of Hire Goods by the Supplier;
“Liability” means liability for any and all damages, claims, proceedings, actions, awards,
expenses, costs and any other losses and/or liabilities; “Products” means the products sold
to the Customer by the Supplier; “Rental” means the Supplier’s charging rate for the hire of
the Hire Goods which is current from time to time during the Hire Period; “Supplier” means
Cotswold Farm Services t/a Onsite Refrigeration and will include its employees, servants, agents
and/or duly authorised representatives; “Services” means the services and/or work (if any)
to be performed by the Supplier for the Customer in conjunction with the hire of Hire
Goods including any delivery and/or collection service for the Hire Goods.
2 BASIS OF CONTRACT
2.1 Hire Goods are hired subject to them being available for hire to the Customer at
the time required by the Customer. The Supplier will not be liable for any loss suffered by
the Customer as a result of the Hire Goods being unavailable for hire where the Hire Goods
are unavailable due to circumstances beyond the Supplier’s control.
2.2 Where hire of the Hire Goods is to a Customer who is an individual and the hire
would be covered by the Consumer Credit Act 1974 the duration of the Hire Period shall
not exceed 3 months, after which time the Contract shall be deemed to have automatically
terminated. Accordingly the hire of any Hire Goods is not covered by the Consumer Credit
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. Where
the Customer is acting as a consumer any provision which is marked with an asterisk (*)
may, subject to determination by the Courts, have no force or effect. For further
information about your statutory rights contact your local authority Trading Standards
Department or Citizens Advice Bureau or if based in the Republic of Ireland your local office
of the Director of Consumer Affairs or Citizens Information Centre.
3.1 The amount of any Deposit, Rental and/or charges for any Services shall be as
quoted to the Customer or otherwise as shown in the Supplier’s current price list from time
to time. Where a Deposit is required for the Hire Goods it must be paid in advance of the
Customer hiring the Hire Goods. The Supplier may also require an initial payment on
account of the Rental in advance of the Customer hiring the Hire Goods.
3.2 The Customer shall pay the Rental, charges for any Services, monies for any
Products and/or any other sums payable under the contract to the Supplier at the time and
in the manner agreed. The Supplier’s prices are, unless otherwise stated, exclusive of any
applicable VAT for which the Customer shall additionally be liable.
3.3 Payment by the Customer on time under the Contract is an essential condition of
the Contract. Payment shall not be deemed to be made until the Supplier has received
either cash or cleared funds in respect of the full amount outstanding.
3.4 *If the Customer fails to make any payment in full on the due date the Supplier
may charge the Customer interest (both before and after judgment/decree) on the amount
unpaid at the rate implied by law under the Late Payment of Commercial Debts (Interest)
Act 1998 (where applicable) or at the rate of 4% above the base rate from time to time of
the Supplier’s bank whichever is higher.
3.5 *The Customer shall pay all sums due to the Supplier under this Contract without
any set-off, deduction, counterclaim and/or any other withholding of monies.
3.6 The Supplier may set a reasonable credit limit for the Customer. The Supplier
reserves the right to terminate or suspend the Contract for hire of the Hire Goods and/or
the provision of Services if allowing it to continue would result in the Customer exceeding
its credit limit or the credit limit is already exceeded.
4 RISK OWNERSHIP AND INSURANCE
4.1 Risk in the Hire Goods and any Products will pass immediately to the Customer
when they leave the physical possession or control of the Supplier.
4.2 Risk in the Hire Goods will not pass back to the Supplier from the Customer until
the Hire Goods are back in the physical possession of the Supplier. This shall apply even if
the Supplier has agreed to cease charging the Rental.
4.3 Ownership of the Hire Goods remains at all times with the Supplier. The Customer
has no right, title or interest in the Hire Goods except that they are hired to the Customer.
Ownership of any Products remains with the Supplier until all monies payable to the
Supplier by the Customer for the Products have been paid in full.
4.4 The Customer must not deal with the ownership or any interest in the Hire Goods.
This includes but is not limited to selling, assigning, mortgaging, pledging, charging,
securing, hiring, withholding, exerting any right to withhold, disposing of and/or lending.
However the Customer may re-hire the Hire Goods to a third party with the prior written
consent of the Supplier
4.5 The Supplier may provide reasonably priced insurance in respect of the Hire Goods
at an additional cost to the Rental. Alternatively, the Supplier may require the Customer to
insure the Hire Goods on such reasonable terms and for such reasonable risks as the
Supplier may specify. The proceeds of any such insurance that relate directly to the Hire
Goods shall be held by the Customer in trust for the Supplier and be paid to the Supplier
on demand. The Customer must not compromise any claim in respect of the Hire Goods
and/or any associated insurance without the Supplier’s written consent.
5 DELIVERY, COLLECTION AND SERVICES
5.1 It is the responsibility of the Customer to collect the Hire Goods from the Supplier
and return them to the Supplier at the end of the Hire Period. If the Supplier agrees to
deliver or collect the Hire Goods to and/or from the Customer it will do so at its standard
delivery cost and such delivery and/or collection will form part of the Services.
5.2 Where the Supplier provides Services the persons performing the Services are
servants of the Customer and once the Customer instructs such person, they are under the
direction and control of the Customer. The Customer shall be solely responsible for any
instruction, guidance and/or advice given by the Customer to any such person and for any
damage which occurs as a result of such persons following the Customer’s instructions,
guidance and/or advice except to the extent that the persons performing the Services are
5.3 The Customer will allow and/or procure sufficient access to and from the relevant
site and procure sufficient unloading space, facilities, equipment and access to utilities for
the Supplier’s employees, sub-contractors and/or agents to allow them to carry out the
Services. The Customer will ensure that the site where the Services are to be performed is,
where necessary, cleared and prepared before the Services are due to commence.
5.4 If any Services are delayed, postponed and/or are cancelled due to the Customer
failing to comply with its obligations the Customer will be liable to pay the Supplier’s
additional standard charges from time to time for such delay, postponement and/or
cancellation except where the Customer is acting as a consumer and the delay is due to a
Force Majeure event.
6 CARE OF HIRE GOODS
6.1 The Customer shall:
6.1.1 not remove any labels from and/or interfere with the Hire Goods, their working
mechanisms or any other parts of them and shall take reasonable care of the Hire Goods
and only use them for their proper purpose in a safe and correct manner in accordance
with any operating and/or safety instructions provided or supplied to the Customer;
6.1.2 notify the Supplier immediately after any breakdown, loss and/or damage to the
6.1.3 take adequate and proper measures to protect the Hire Goods from theft, damage
and/or other risks;
6.1.4 notify the Supplier of any change of its address and upon the Supplier’s request
provide details of the location of the Hire Goods;
6.1.5 permit the Supplier at all reasonable times and upon reasonable notice to inspect
the Hire Goods including procuring access to any property where the Hire Goods are
6.1.6 keep the Hire Goods at all times in its possession and control and not to remove
the Hire Goods from the country where the Customer is located and/or the country where
the Supplier is located without the prior written consent of the Supplier;
6.1.7 be responsible for the conduct and cost of any testing, examinations and/or checks
in relation to the Hire Goods required by any legislation, best practice and/or operating
instructions except to the extent that the Supplier has agreed to provide them as part of
6.1.8 not do or omit to do anything which the Customer has been notified will or may be
deemed to invalidate any policy of insurance related to the Hire Goods;
6.1.9 not continue to use Hire Goods where they have been damaged and will notify the
Supplier immediately if the Hire Goods are involved in an accident resulting in damage to
the Hire Goods, other property and/or injury to any person; and
6.1.10 where the Hire Goods require fuel, oil and/or electricity ensure that the proper
type and/or voltage is used and that, where appropriate, the Hire Goods are properly
installed by a qualified and competent person.
6.2 The Hire Goods must be returned by the Customer in good working order and
condition (fair wear and tear excepted) and in a clean condition together with all insurance
policies, licences, registration and other documents relating to the Hire Goods.
7.1 Allowance will be made in relation to the Rental to the Customer for any non-use of
the Hire Goods due to breakdown caused by the development of an inherent fault and/or
fair wear and tear on condition that the Customer informs the Supplier as soon as
practicable of the breakdown.
7.2 The Customer shall be responsible for all expenses, loss (including loss of Rental)
and/or damage suffered by the Supplier arising from any breakdown of the Hire Goods
due to the Customer’s negligence, misdirection and/or misuse of the Hire Goods.
7.3 The Supplier will at its own cost carry out all routine maintenance and repairs to
the Hire Goods during the Hire Period and all repairs which are required due to fair wear
and tear and/or an inherent fault in the Hire Goods. The Customer will be responsible for
the cost of all repairs necessary to Hire Goods during the Hire Period which arise otherwise
than as a result of fair wear and tear, an inherent fault and/or the negligence of the
Supplier while carrying out routine maintenance and/or repairs.
7.4 The Customer must not repair or attempt to repair the Hire Goods unless
authorised to do so in writing by the Supplier.
8 LOSS OR DAMAGE TO THE HIRE GOODS
8.1 If the Hire Goods are returned in damaged, unclean and/or defective state except
where due to fair wear and tear and/or an inherent fault in the Hire Goods the Customer
shall be liable to pay the Supplier for the cost of any repair and/or cleaning required to
return the Hire Goods to a condition fit for re-hire and to pay the Rental, in accordance
with the provisions of clause 8.3, until such repairs and/or cleaning have been completed.
8.2 The Customer will pay to the Supplier the replacement cost of any Hire Goods
which are lost, stolen and/or damaged beyond economic repair during the Hire Period less
the amount paid to the Supplier under any policy of insurance taken out in accordance
with these conditions.
8.3 The Customer shall pay the Rental for the Hire Goods up to and including the date
it notifies the Supplier that the Hire Goods have been lost, stolen and/or damaged beyond
economic repair. From that date until the Supplier has replaced such Hire Goods the
Customer shall pay, as a genuine pre-estimate of lost rental profit, a sum as liquidated
damages being equal to two thirds of the Rental that would have applied for such Hire
Goods for that period. The Supplier shall use its reasonable commercial endeavours to
purchase replacements for such Hire Goods as quickly as possible using the monies paid
under clause 8.2 above.
9 TERMINATION BY NOTICE
9.1 If the Hire Period has a fixed duration, subject to the provisions of Section 10
neither the Customer nor the Supplier shall be entitled to terminate the Contract before
the expiry of that fixed period unless agreed with the other party.
9.2 If the Hire Period does not have a fixed duration either of the Customer or the
Supplier is entitled to terminate the Contract upon giving to the other party any agreed
period of notice.9.3 If no period of notice has been agreed or specified the Customer
may terminate the Hire Period by the physical return of the Hire Goods to the Supplier.
9.4 The Supplier shall be entitled to terminate the hire of the Hire Goods by giving not
less than 14 days’ notice to the Customer.
10.1 If the Customer…
10.1.1 fails to make any payment to the Supplier when due without just cause;
10.1.2 breaches the terms of the Contract and, where the breach is capable of remedy,
has not remedied the breach within 14 days of receiving notice requiring the breach to be
10.1.3 persistently breaches the terms of the Contract;
10.1.4 provides incomplete, materially inaccurate or misleading facts and/or information in
connection with the Contract;
10.1.5 pledges, charges or creates any form of security over any Hire Goods or proposes
to compound with its creditors, creates a trust deed for its creditors, applies for an interim
moratorium in respect of claims and/or proceedings, any distress/diligence, execution or
other legal process is levied on any property of the Customer, has a Bankruptcy
Petition/Petition for Sequestration presented against it or the Customer takes or suffers
any similar action in any jurisdiction;
10.1.6 being a company, ceases or threatens to cease to carry on business, enters into
voluntary or compulsory liquidation, has a receiver, administrator or administrative
receiver or in the Republic of Ireland an examiner appointed over all or any of its assets,
any attachment order/arrestment is made against the Customer, any distress/diligence,
execution or other legal process is levied on any property of the Customer or the Customer
takes or suffers any similar action in any jurisdiction;
10.1.7 appears reasonably to the Supplier due to the Customer’s credit rating to be
financially inadequate to meet its obligations under the Contract; and/or
10.1.8 appears reasonably to the Supplier to be about to suffer any of the above events;
then the Supplier shall have the right, without prejudice to any other remedies, to exercise
any or all of the rights set out in clause 10.2 below.
10.2 If any of the events set out in clause 10.1 above occurs in relation to the Customer
10.2.1 except where the Customer is acting as a consumer the Supplier may enter,
without prior notice, any premises of the Customer (or premises of third parties with their
consent) where Hire Goods and/or Products owned by the Supplier may be and repossess
any Hire Goods and/or Products;
10.2.2 the Supplier may withhold the performance of any Services and cease any Services
in progress under this and/or any other Contract with the Customer;
10.2.3 the Supplier may immediately cancel, terminate and/or suspend without Liability to
the Customer the Contract and/or any other contract with the Customer; and/or
10.2.4 *all monies owed by the Customer to the Supplier shall immediately become due
10.3 Any repossession of the Hire Goods and/or Products shall not affect the Supplier’s
right to recover from the Customer any monies due under the Contract and/or any
damages in respect of any breach which occurred prior to repossession of the Hire Goods
10.4 Upon termination of the Contract the Customer shall immediately:
10.4.1 return the Hire Goods to the Supplier or make the Hire Goods available for
collection by the Supplier as requested by the Supplier; and
10.4.2 pay to the Supplier all arrears for Rentals, Charges for any Services, monies for any
Products and/or any other sums payable under the Contract.
11 LIMITATIONS OF LIABILITY
11.1 *All warranties, representations, terms, conditions and duties implied by law
relating to fitness, quality and/or adequacy are excluded to the fullest extent permitted by
11.2 *If the Supplier is found to be liable in respect of any loss or damage to the
Customer’s property the extent of the Supplier’s Liability will be limited to the retail cost of
replacement of the damaged property.
11.3 Any defective Hire Goods must be returned to the Supplier for inspection if
requested by the Supplier before the Supplier will have any Liability for defective Hire
11.4 *The Supplier shall have no Liability to the Customer if, without just cause, any
monies due in respect of the Hire Goods and/or the Services have not been paid in full by
the due date for payment.
11.5 The Supplier shall have no Liability for additional damage, loss, liability, claims,
costs or expenses caused or contributed to by the Customer’s continued use of defective
Hire Goods and/or Services after a defect has become apparent or suspected or should
reasonably have become apparent to the Customer.
11.6 The Customer shall give the Supplier a reasonable opportunity to remedy any
matter for which the Supplier is liable before the Customer incurs any costs and/or
expenses in remedying the matter itself. If the Customer does not do so the Supplier shall
have no Liability to the Customer .
11.7 *The Supplier shall have no Liability to the Customer to the extent that the
Customer is covered by any policy of insurance arranged as a result of the Contract and the
Customer shall ensure that the Customer’s insurers waive any and all rights of subrogation
they may have against the Supplier.
11.8 The Supplier shall have no Liability to the Customer for any…-
11.8.1 *consequential losses (including loss of profits and/or damage to goodwill);
11.8.2 economic and/or other similar losses; 11.8.3 special damages and indirect losses;
11.8.4 business interruption, loss of business, contracts and/or opportunity.
11.9 *The Supplier’s total Liability to the Customer under and/or arising in relation to
any Contract shall not exceed 5 times the amount of the Rental and charges for Services (if
any) under that Contract or the sum of £1,000/e1250 whichever is the higher. To the extent
that any Liability of the Supplier to the Customer would be met by any insurance of the
Supplier then the Liability of the Supplier shall be extended to the extent that such Liability
is met by such insurance.
11.10 Each of the limitations and/or exclusions in this Contract shall be deemed to be
repeated and apply as a separate provision for each of:
11.10.1 Liability for breach of contract;
11.10.2 *Liability in tort/delict (including negligence); and
11.10.3 *Liability for breach of statutory and/or common law duty;
except clause 11.9 above which shall apply once only in respect of all the said types of
11.11 Nothing in this Contract shall exclude or limit the Liability of the Supplier for death
or personal injury due to the Supplier’s negligence nor exclude or limit any other type of
Liability which it is not permitted to exclude or limit as a matter of law.
12.1 Upon termination of the Contract the provisions of clauses 3.2, 3.4, 3.5, 8.1, 8.2, 8.3
and Section 6 shall continue in full force and effect.
12.2 Each hire of an item of Hire Goods shall form a distinct Contract which shall be
separate to any other Contract relating to other Hire Goods.
12.3 The Customer shall be liable for the acts and/or omissions of its employees, agents,
servants and/or subcontractors as though they were its own acts and/or omissions under
12.4 *The Customer agrees to indemnify and keep indemnified the Supplier against any
and all losses, lost profits, damages, claims, costs (including legal costs on a full indemnity
basis), actions and any other losses and/or liabilities suffered by the Supplier and arising
from or due to any breach of contract, any tortious/delictual act and/or omission and/or
any breach of statutory duty by the Customer.
12.5 *No waiver by the Supplier of any breach of this Contract shall be considered as a
waiver of any subsequent breach of the same provision or any other provision. If any
provision is held by any competent authority to be unenforceable in whole or in part the
validity of the other provisions of this Contract and the remainder of the affected provision
shall be unaffected and shall remain in full force and effect.
12.6 The Supplier shall have no Liability to the Customer for any delay and/or non-performance of a
Contract to the extent that such delay is due to any Force Majeure
events. If the Supplier is affected by any such event then time for performance shall be
extended for a period equal to the period that such event or events delayed such
12.7 All third party rights are excluded and no third parties shall have any rights to
enforce the Contract. This shall not apply to any finance company with whom the Supplier
has an outstanding finance agreement relating to the Hire Goods. Such finance company
shall, subject to the Supplier’s consent, have the right to enforce this Contract as if they
were the Supplier. This Contract is governed by and interpreted in accordance with the law
of the country where the Supplier is located and that country will have exclusive
jurisdiction in relation to this Contract.