The attention of the Renter is particularly drawn to the provisions of Clause 8 .
In these Conditions, the following definitions apply:
a day (other than a Saturday, Sunday or public holiday) when banks in London and/or Guernsey are open for business
the charges payable by the Renter for the rental of the Trailer in accordance with Clause 3.
these terms and conditions as amended from time to time in accordance with Clause 11.8.
the Contract between the Supplier and the Renter for the rental of the Trailer in accordance with these Conditions
the Rental Agreement between the Supplier and the Renter for the rental of the Trailer in accordance with these Conditions
the day on which the Trailer is rented by the Supplier to the Renter specified in the Rental Agreement
the period of time starting on the Rental Date and ending on the Return Date
the person, firm or company who rents the Trailer from the Supplier.
a date agreed by the Supplier and Renter when the Trailer is to be returned to the agreed place, specified in the Rental Agreement
Mr Kevin Simon trading as Flexitrailers
a trailer or trailers owned by the Supplier and rented to the Renter
In these Conditions, the following rules apply:
1.2.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.2.2 A reference to a party includes its personal representatives, successors or permitted assigns.
1.2.3 A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
1.2.4 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.2.5 Unless the context otherwise requires, a reference to one gender shall include reference to other genders.
“Writing” and “written”
1.2.6 A reference to writing or written includes faxes and e-mails.
2 Basis of the Rental Agreement
2.1 The submission of an order form by the Renter for a Trailer constitutes an offer by the Renter to rent the Trailer in accordance with these Conditions (the “Offer“).
2.2 The Offer shall only be deemed to be accepted when the Supplier issues written acceptance of the Offer at which point and on which date the Rental Agreement shall come into existence.
2.3 The Rental Agreement and these Conditions constitute the entire agreement between the parties. The Renter acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Rental Agreement and these Conditions.
2.4 Any samples, drawings, descriptive matter or advertising issued by the Supplier , and any descriptions or illustrations contained in the catalogues or brochures of the Supplier, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Rental Agreement or have any contractual force.
2.5 These Conditions apply to the Rental Agreement to the exclusion of any other terms that the Renter seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.6 Any quotation in respect of any Trailer rental given by the Supplier shall not constitute an offer, and is only valid for a period of 20 Business Days from its date of issue.
3 Supply of the Trailer
3.1 The Supplier shall supply the Trailer to the Renter for the Rental Period.
3.2 Before leaving the rental location the Renter is required to check the condition of the Trailer (the “Inspection“). Where an apparent defect is found which is not already brought to the Renter’s attention, the Renter must inform the Supplier immediately. Any defect agreed between the Renter and the Supplier in the Rental Date shall be noted on the Rental Agreement in the section marked “Damage”.
3.3 Should the Renter wish to keep the Trailer for a period longer than originally agreed he must first contact the Supplier by telephone or email in order to request an extension of the Rental Period. Any extension of the Rental Period shall be at the sole discretion of the Supplier.
3.4 Any unauthorised extension of the Rental Period by the Renter shall be charged at 3% above base rate of the Bank of England per day following the expiry of the Rental Period (the “Late Fee“).
4.1 The Renter must pay a deposit of Â£50 per trailer, or any other fee determined by the Supplier. A deposit will be accepted in the form of cash or by credit or debit card. Deposits by card will be debited by the Supplier before the Renter may take the Trailer.
5 Information required by the Supplier
5.1 The Renter shall provide the Supplier with such information as the Supplier may reasonably require in order to supply the Trailer, and ensure that such information is accurate in all material respects, the required information includes (but is not limited to):
5.1.1 insurance details and documents to the reasonable satisfaction of the Supplier at the time of inspection;
5.1.2 a valid driver’s licence belonging to the anticipated driver. The driver must be no younger than twenty years of age; and
5.1.3 a valid credit card and correct details with an expiry date after the Return Date.
5.2 The Supplier shall be under no obligation to independently verify any of the information provided by the Renter.
6 Responsibilities of the Renter
Before and during the Rental Period
6.1 The Renter shall:
6.1.1 ensure that the Rental Agreement is completed accurately;
6.1.2 ensure that their vehicle is suitable and has all the necessary equipment for the purpose of towing the Trailer;
6.1.3 obtain and maintain all necessary licences, permissions, consents and insurance which may be required during the Rental Date;
6.1.4 pay for the rental of the Trailer in advance, in such manner required by the Supplier; and
6.1.5 pay all amounts due under the Rental Agreement in full without any deduction or withholding except as required by law and the Renter shall not be entitled to assert any credit, set-off or counterclaim against the Supplier in order to justify withholding payment of any such amount in whole or in part. The Supplier may, without limiting its other rights or remedies, set off any amount owing to it by the Renter against any amount payable by the Supplier to the Renter.
6.2 Only the designated drivers who are disclosed on the Rental Agreement and agreed with the Supplier shall drive a vehicle with the Trailer attached.
6.3 The Renter shall not:
6.3.1 use the Trailer for any illegal purposes;
6.3.2 overload the Trailer;
6.3.3 use the Trailer for any improper use; or
6.3.4 take the Trailer outside of Europe.
End of Rental Period
6.4 On the Return Date the Renter shall:
6.4.1 bring the Trailer back to the agreed location during the opening hours displayed at the rental office of the Supplier;
6.4.2 allow the Supplier to check the condition of the Trailer upon return; and
6.4.3 agree with the Supplier any damage to the Trailer (if any) incurred during the Rental Period that was not noted on the Rental Agreement during the Inspection.
7 Damage and Late Fees
7.1 The Renter will pay for any damages to the Trailer that have occurred during the Rental Period and were not agreed at the Inspection (the ” Damage Fee“).
7.2 On the Return Date the Renter will pay any Late Fees.
7.3 Any Late Fees or Damage Fees not paid upon the return of the Trailer will be charged to the Renter’s credit card and the Renter hereby consents to such amounts being debited.
8.1 Nothing in these Conditions shall limit or exclude the liability of the Supplier for:
8.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors ; and
8.1.2 fraud or fraudulent misrepresentation .
Loss of profits:
8.2.1 the Supplier shall under no circumstances whatever be liable to the Renter, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Rental Agreement or the rental of the Trailer.
Limitations on liability:
8.2.2 the total liability of the Supplier to the Renter in respect of all other losses arising under or in connection with the Rental Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount paid to the Supplier by the Renter under the Rental Agreement.
8.3 Except as set out in these Conditions , all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Rental Agreement.
8.4 The Supplier is only responsible for loss or damage to property left in the Trailer as a result of the Supplier’s negligence.
8.5 In the case of theft, the Renter should tell the police straight away then call the Supplier.
8.6 This Clause 8 shall survive termination of the Rental Agreement.
9.1 Without limiting its other rights or remedies, the Supplier may terminate the Rental Agreement with immediate effect by giving written notice to the other party if:
Termination for material breach:
9.1.1 the other party commits a material or persistent breach of the Rental Agreement and (if such a breach is remediable) fails to remedy that breach within 3 days of receipt of notice in writing of the breach;
9.1.2 the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
9.1.3 the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
9.1.4 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
9.1.5 the other party (being an individual) is the subject of a bankruptcy petition order;
9.1.6 a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
9.1.7 an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);
9.1.8 a floating charge holder over the assets of the other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
9.1.9 a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
9.1.10 any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in Clause 9.1.2 to Clause 9.1.9 (inclusive); and
9.1.11 the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business; or
Termination for insolvency events:
9.1.12 the Renter (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.
9.2 Without limiting its other rights or remedies, the Supplier may terminate the Rental Agreement with immediate effect by giving written notice to the Renter if the Renter fails to pay any amount due under this Rental Agreement on the due date for payment.
9.3 Without limiting its other rights or remedies, the Supplier shall have the right to terminate the Rental Agreement by giving the other party reasonable written notice.
9.4 Without limiting its other rights or remedies, the Supplier shall have the right to suspend the rental of the Trailer under the Rental Agreement or any other contract between the Renter and the Supplier if the Renter becomes subject to any of the events listed in Clause 9.1.2 to Clause 9.1.12, or the Supplier reasonably believes that the Renter is about to become subject to any of them, or if the Renter fails to pay any amount due under this Rental Agreement on the due date for payment.
10 Consequences of termination
10.1 On termination of the Rental Agreement for any reason:
10.1.1 the Renter shall immediately return the Trailer to the Supplier. If the Renter fails to do so, then the Supplier may enter the premises of the Renter and take possession of them at the Renter’s expense. Until they have been returned, the Renter shall be solely responsible for their safe keeping and will not use them for any purpose not connected with this Rental Agreement;
10.1.2 the Renter shall immediately pay to the Supplier any outstanding Late Fees, and Damage Fees;
10.1.3 the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Rental Agreement which existed at or before the date of termination or expiry; and
10.1.4 clauses which expressly or by implication have effect after termination shall continue in full force and effect .
11.1.1 for the purposes of this Rental Agreement , Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors;
11.1.2 the Supplier shall not be liable to the Renter as a result of any delay or failure to perform its obligations under this Rental Agreement as a result of a Force Majeure Event; and
11.2 Assignment and subcontracting:
11.2.1 the Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Rental AgreementUPDATE FC and may subcontract or delegate in any manner any or all of its obligations under the Rental Agreement to any third party or agent; and
11.2.2 the Renter shall not, without the prior written consent of the Supplier, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Rental Agreement.
11.3.1 any notice or other communication required to be given to a party under or in connection with this Rental Agreement shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party’s main fax number;
11.3.2 any notice or communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by prepaid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed, or if sent by fax, on the next Business Day after transmission; and
11.3.3 this Clause 11.3 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, “writing” shall not include e-mails and for the avoidance of doubt notice given under this Rental Agreement shall not be validly served if sent by e-mail.
11.4.1 a waiver of any right under the Rental Agreement is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Rental Agreement or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy; and
11.4.2 unless specifically provided otherwise, rights arising under the Rental Agreement are cumulative and do not exclude rights provided by law.
11.5.1 if a court or any other competent authority finds that any provision (or part of any provision) of the Rental Agreement is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Rental Agreement shall not be affected; and
11.5.2 if any invalid, unenforceable or illegal provision of the Rental Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
11.6 No partnership: Nothing in the Rental Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
11.7 Third parties: A person who is not a party to the Rental Agreement shall not have any rights under or in connection with it.
11.8 Variation: Except as set out in these Conditions , any variation, including any additional terms and conditions, to the Rental Agreement shall only be binding when agreed in writing and signed by the Supplier.
11.9 Governing law and jurisdiction: This Rental Agreement , and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Guernsey law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Guernsey.