DELIVERY AND COLLECTION

5.1 When Heaters for Hire will provide the Equipment. During the order process HFH will let the Hirer know when HFH will provide the Equipment.

5.2 HFH is not responsible for delays outside of HFH’ control. If HFH’ supply of the Equipment is delayed by an event outside HFH’ control (including but not limited to any disruption or delay to HFH’ business or supply chains arising as a result of the United Kingdom’s exit from the European Union or any form of health epidemic) then HFH will contact the Hirer as soon as possible to let the Hirer know and HFH will take steps to minimise the effect of the delay. HFH will not be liable for delays caused by any event outside HFH’ control, but if there is a risk of substantial delay the Hirer may contact HFH to end the Contract and receive a refund for any Equipment paid for but not received.

5.3 If the Hirer does not allow HFH access to provide the Equipment. If the Hirer does not allow or procure HFH access to its property to provide the Equipment as arranged HFH may charge the Hirer additional costs incurred by HFH as a result. If, despite HFH’ reasonable efforts, HFH is unable to contact the Hirer or re-arrange access to the Hirer’s property HFH may end the contract. It is the Hirer’s responsibility to ensure that the Site has been inspected by the Hirer and that the Site is adequately prepared to allow HFH to access it to effect Delivery in a safe manner without causing damage. The Hirer acknowledges that HFH may affect deliveries or collections in large, heavy commercial vehicles and will hold HFH harmless in the event of any damage caused by lack of Site preparation by the Hirer, to include poor access routes and/or ground conditions. If the Hirer has any concerns around access and safe delivery, this should be raised with HFH staff prior to completing an Order and noted on the Order, failing which HFH shall have no liability for damage to Site or delayed or failed delivery and the Hirer shall be liable for any related charges, including redelivery charges.

5.4 When the Hirer becomes responsible for the Equipment. Delivery will occur when the Equipment is made available to the Hirer at the delivery address (whether at HFH’ premises or a Site). Unless otherwise agreed by the parties in writing, risk of loss, theft, damage or destruction of the Equipment shall pass to the Hirer on delivery in accordance with this clause and will return to HFH once loading of the Equipment onto the collection vehicle is complete. For the avoidance of doubt, where the Hirer contacts HFH to off-hire the Equipment, risk will always remain with the Hirer until loading onto the collection vehicle is complete.

5.5 What will happen if the Hirer does not give required information to HFH. HFH may need certain information from the Hirer so that HFH can supply the Equipment, for example, delivery details. HFH will contact the Hirer to ask for this information. If the Hirer does not give HFH this information within a reasonable time of HFH asking for it, or if the Hirer gives HFH incomplete or incorrect information, HFH may either end the Contract or make an additional charge of a reasonable sum to compensate HFH for any extra work that is required as a result. HFH will not be responsible for supplying the Equipment late or not supplying any part of it if this is caused by the Hirer not giving HFH the information HFH needs within a reasonable time of HFH asking for it.

5.6 If the Hirer does not allow HFH access to collect the Equipment. The Hirer shall grant or procure the grant of access to the Site to HFH to allow the collection of the Equipment and make the Equipment available for collection by HFH on the date and time agreed between the parties. If HFH is unable to collect the Equipment as arranged HFH may charge the Hirer any additional costs incurred by HFH as a result.

5.7 Branch collections and returns. When a Hirer wishes to collect or return Equipment from or to an HFH branch or place of business, it shall be the Hirer’s responsibility to prepare its vehicle so that the collection/return can be carried out without damage being caused to such vehicle or injuries being sustained by the Hirer or by HFH staff and the Hirer shall hold HFH harmless in the event of contravention of this. Should the Hirer have any doubt as to whether this can be complied with, it should ask HFH to arrange a collection/delivery, subject to Charges (as applicable).

6. CHARGES AND PAYMENT

6.1 Where to find the Charges. The Charges (which includes VAT) will be the price indicated on the order pages (or otherwise notified to the Hirer) when the Hirer places the Order.

6.2 Variation of the Charges. HFH will be entitled to vary the Charges and any Additional Charges at any time by giving written notice to the Hirer to reflect any variation in the cost of supplying the Equipment which arises as a consequence of:

6.2.1 any variation in the Hirer’s requirements for the Equipment;

6.2.2 any information provided by the Hirer being inaccurate or incomplete; or

6.2.3 any failure or delay by the Hirer in providing information.

6.3 A deposit or other payment information may be required. At the time the Equipment is ordered, HFH may require the Hirer to pay a deposit and/or require the Hirer to provide details of a valid credit or debit card and allow HSS to take a deposit (“Deposit”).

6.4 Status of the Deposit. The Deposit shall be a deposit against default by the Hirer of payment of any Charges or any Additional Charges or any loss of or damage caused to the Equipment.

6.5 HFH may off-set the Deposit against amounts owed by the Hirer to HFH. If the Hirer fails without due cause to make any payment of the Charges or any Additional Charges or any Replacement Cost or causes any loss or damage to the Equipment (in whole or in part), HFH shall be entitled to apply the Deposit in part or in whole against any such costs and by providing the Deposit the Hirer specifically consents to this.

6.6 Return of Deposit. Unless HFH is entitled to make a deduction from the Deposit in accordance with clause 6.5, the full amount of the Deposit will be returned to the Hirer at the end of the Hire Period.

6.7 When the Hirer must pay and how. The Hirer must pay the Charges at the time agreed in the Contract. Unless otherwise agreed by the parties in writing or in the Contract, any invoices submitted by HFH shall be paid by the Hirer within a period of thirty (30) days from the end of the month in which the relevant invoice is issued.

6.8 HFH will pass on changes in the rate of VAT. If the rate of VAT changes between the Order date and the date HFH supplies the Equipment, HFH will adjust the rate of VAT that the Hirer pays, unless the Hirer has already paid for the Equipment in full before the change in the rate of VAT takes effect.

6.9 HFH can charge interest if the Hirer pays late. If the Hirer is a Consumer, the provisions of clause B 17 shall apply. If the Hirer is a Trader, the provisions of clause C 22.5 shall apply.

6.10 Other remedies of HFH for late payment. Should any portion of an account fall overdue then the total account will become due on demand. The Hirer will be responsible for reasonable legal charges incurred by HFH in the recovery of amounts due or the recovery of the Equipment. In addition HFH is entitled to suspend further services to the Hirer.

7. DAMAGE WAIVER AND DAMAGE WAIVER PLUS

Damage Waiver or Damage Waiver Plus may be offered to the Hirer or, in some cases, may be a requirement by HSS of its Contract with the Hirer. The provisions of clauses 7.1 to 7.5 shall apply if Damage Waiver or Damage Waiver Plus (as applicable) has been taken up by the Hirer. It is important to note that Damage Waiver and Damage Waiver Plus only provides you with cover within the thresholds set out in Clause 7.5.1 and as otherwise set out in this Clause 7.

7.1 Damage Waiver: Subject to the remainder of this clause 7, if the Hirer contracts to pay the Damage Waiver charge, being a sum equal to 10% of the Charges (where available as an option) HSS will waive any further charges for rectifying accidentally damaged Equipment.

7.2 Damage Waiver Plus: Subject to the remainder of this clause 7, if the Hirer contracts to pay the Damage Waiver Plus charge being a sum equal to 15% of the Charges (where available as an option) HSS will waive any further charges for (i) rectifying accidently damaged Equipment; and/or (ii) theft of the Equipment.

7.3 Conditions of Damage Waiver Plus applying: The waiver provided by Damage Waiver Plus is subject to the following conditions:

7.3.1 the Hirer must be able to demonstrate that reasonable care has been taken to prevent theft;

7.3.2 theft of Equipment must be reported to the Police and a crime reference number obtained; and

7.3.3 the Hirer must notify HSS within forty eight (48) hours of the theft, obtain an HSS theft report form via the Contact us section of hss.com and return it as instructed.

7.4 When Damage Waiver Plus will not apply. Damage Waiver Plus shall not apply and the Hirer shall be responsible for any damage to, or loss of, the Equipment in the following circumstances:

7.4.1 theft of consumable goods;

7.4.2 theft due to the dishonesty, wilful default or negligence of the Hirer, its employees, sub-contractors or agents;

7.4.3 theft from a vehicle where the Equipment was left visible and unattended;

7.4.4 loss of Equipment revealed only when an inventory is made or at collection;

7.4.5 loss arising from civil disturbance; and/or

7.4.6 loss occurring outside the UK and Ireland.

7.5 Limitations and exclusions for Damage Waiver and Damage Waiver Plus: Damage Waiver or Damage Waiver Plus does not cover the following and the Hirer shall remain responsible to HSS for:

7.5.1 the first £50 or 20% of the Replacement Cost (whichever is the greater amount) of any Equipment damage or loss claim and any and all amounts of damage or loss exceeding £5,000 for any single Contract;

7.5.2 tyre punctures and/or Replacement Costs due to irreparable tyre damage;

7.5.3 damage or loss caused by the Hirer’s negligence, damage or breach of the Contract including damage or loss connected to the Hirer’s obligations set out in clause 4.6; and

7.5.4 damage or loss caused by or contributed to as a result of the misuse, neglect, alteration, mishandling or unauthorised manipulation of the Equipment by the Hirer.

8. VARIATION

8.1 Which version of our Terms apply to your order. HFH amends these Terms from time to time. Every time a Hirer orders Equipment from us, the terms in force at the time of the Order will apply to the Contract between the Hirer and HFH.

8.2 Amending the Terms applicable to your Order. HFH may revise these Terms as they apply to an Order from time to time to reflect the following circumstances:

8.2.1 changes in relevant laws and regulatory requirement; and

8.2.2 changes to HFH’ processes and procedures. If HFH have to revise these Terms as they apply to an Order, HFH will contact the Hirer to give the Hirer reasonable advance notice of the changes and let the Hirer know how to cancel the Contract if the Hirer is not happy with the changes. The Hirer may cancel either in respect of all the affected Equipment or just any Equipment the Hirer has yet to receive. If the Hirer opts to cancel, HFH will have to return (at HFH’ cost) any relevant Equipment already received and HFH will arrange a full refund of the price paid by the Hirer.

9. HOW HFH MAY USE A HIRER’S PERSONAL INFORMATION

How HFH will use a Hirer’s personal information.

HFH is the data controller of any personal information a Hirer provides to us. HFH will collect and process such information in order to process and fulfil an Order. If the Hirer is an individual providing HFH with its own personal information, please see HFH's privacy policy which is available on our website, for further information on how personal information is used and rights in relation to that information. If the Hirer is providing personal data of another individual to HFH, the Hirer must tell that individual that the Hirer is providing their information to HFH and show them a copy of this notice.

10. GENERAL

10.1 Even if HFH delays in enforcing a Contract, HFH can still enforce it later. If HFH fails to insist that the Hirer performs any of its obligations under a Contract or if HFH does not enforce its rights against the Hirer, or if HFH delays doing so, that will not mean that HFH has agreed not to enforce its rights against the Hirer and will not mean that the Hirer does not have to comply with those obligations. If HFH does waive a default by the Hirer, HFH will only do so in writing, and that will not mean that HFH will automatically waive any later default by the Hirer.

10.2 If a court finds part of the Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any term is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

10.3 Nobody else has any rights under a Contract. The parties do not intend that any term of a Contract shall be enforceable by any person other than the parties.

10.4 Transfer of rights to someone else. The Contract is personal to the Hirer and the Hirer shall not assign, delegate, sub-contract, transfer, charge or otherwise dispose of all or any of its rights and responsibilities under the Contract without the prior written consent of HFH. HFH may assign, transfer or subcontract any or all of its rights and obligations under the Contract to any member of its Group and shall give written notice to the Hirer on or after such event.

11. GOVERNING LAW AND JURISDICTION

11.1 Which laws apply. Subject to clause 11.2, these Terms and any and all Contracts and any non-contractual obligations arising out of or in connection with them will be governed by English law.

11.2 Where you may bring legal proceedings. HFH and the Hirer both agree that the courts of England and Wales have exclusive jurisdiction to determine any dispute arising out of or in connection with these Terms and any and all Contracts (including in relation to any non-contractual obligations), except if the Hirer is a resident of or has its registered office in Scotland, either party may bring proceedings in Scotland in accordance with Scottish law.

PART B: TERMS APPLYING ONLY TO CONSUMERS

12. LIABILITY

12.1 HFH is responsible to the Hirer for foreseeable loss and damage caused by HFH. If HFH fails to comply with the Contract, HFH is responsible for loss or damage the Hirer suffers that is a foreseeable result of HFH breaking the Contract or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Hirer and HSS knew it might happen, for example, if you specifically drew it to our attention during the sales process.

12.2 HFH does not exclude or limit in any way HFH’ liability where it would be unlawful to do so. This includes liability for:

12.2.1 death or personal injury caused by HFH’ negligence or the negligence of HFH’ employees, agents or subcontractors;

12.2.2 for fraud or fraudulent misrepresentation;

12.2.3 for breach of the Hirer’s legal rights in relation to the Equipment including the right to receive Equipment; and

12.2.4 for any matter for which HSS is not permitted by law to exclude or limit, or to attempt to exclude or limit, liability

12.3 HFH is not liable for business losses. HFH only supply the Equipment for domestic and private use. If the Hirer uses the Equipment for any commercial, business or re-sale purpose HSS will have no liability to the Hirer for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.4 AS A CONSUMER, THE HIRER HAS LEGAL RIGHTS AND REMEDIES IN RELATION TO THE PROVISION OF THE EQUIPMENT. ADVICE ABOUT THE HIRER’S LEGAL RIGHTS AND REMEDIES IS AVAILABLE FROM THE CITIZENS' ADVICE BUREAU. NOTHING IN THESE TERMS WILL AFFECT THE HIRER’S LEGAL RIGHTS AND REMEDIES.

13. AUTOMATIC CANCELLATION OF CONTRACT

Automatic termination at day 88 of the Contract term. Subject to HFH’ and the Hirer’s rights to cancel set out in the Contract, the Hire Period shall not exceed 88 days in any circumstances and each Contract will automatically end 88 days after the Commencement Date.

14. THE HIRER’S RIGHTS TO END THE CONTRACT

14.1 Ending the Contract because of something HFH has done or are going to do. If the Hirer is ending a Contract for a reason set out at clause 14.1.1 to 14.1.5 below the Hirer may end the Contract immediately and HSS will refund the Hirer in full for any Equipment which has not been provided. The reasons are:

14.1.1 HFH has told the Hirer about an upcoming change to these Terms which the Hirer does not agree to;

14.1.2 HFH has told the Hirer about an error in the price or description of the Equipment ordered and the Hirer does not wish to proceed;

14.1.3 there is a risk that supply of the Equipment may be significantly delayed because of events outside of HFH’ control;

14.1.4 HFH has suspended supply of the Equipment for technical reasons, or notify the Hirer that it is going to suspend it for technical reasons; or

14.1.5 the Hirer has a legal right to end the contract because of something HSS has done wrong.

15. HOW TO END THE CONTRACT WITH HFH

15.1 Telling HFH. To exercise the right to cancel, the Hirer must inform HFH by a clear statement (e.g. a letter sent by post or e-mail), using the information above under “How to contact HFH” in clause 2.2

15.2 Returning Equipment after ending the Contract. If the Hirer ends the Contract for any reason after Equipment has been dispatched or delivered to the Hirer, the Hirer must return it to HFH or allow HFH to collect it. Please contact us using the information above under “How to contact HFH” in clause 2.2.

15.3 Costs of return. HFH may pay the costs of return subject to HFH being satisfied, acting reasonably, that: 15.3.1 the Equipment is faulty or misdescribed; or 15.3.2 the Hirer is ending the Contract because HFH told the Hirer of an upcoming change to the Equipment or these Terms, an error in pricing or description, a delay in delivery due to events outside HFH’ control or because the Hirer has a legal right to do so as a result of something HFH has done wrong. In all other circumstances, the Hirer must pay the costs of return.

15.4 What HFH charges for collection. If the Hirer is responsible for the costs of return and HFH is collecting the Equipment from the Hirer, HFH will charge the Hirer the direct cost to HFH of collection.

15.5 How HFH will refund the Hirer. HFH will refund the Hirer the price the Hirer paid for hiring the Equipment including delivery costs, by the method the Hirer used for payment. HSS will make any refunds due to the Hirer as soon as possible.

16. HFH’ RIGHTS TO END THE CONTRACT

16.1 HFH may end the Contract if the Hirer breaks it. HFH may end the Contract at any time by writing to the Hirer if:

16.1.1 the Hirer does not, within a reasonable time of us asking for it, provide HFH with information that is necessary for HFH to provide the Equipment;

16.1.2 the Hirer does not, within a reasonable time, allow HFH to deliver the Equipment to the Hirer or the Hirer does not collect them from HFH; or

16.1.3 the Hirer otherwise breaks these Terms.

16.2 The Hirer must compensate HFH if it breaks the Contract. If HFH ends the Contract in the situations set out in clause 16.1, HFH will refund any money the Hirer has paid in advance for the Equipment HFH has not provided but Hfh may deduct or charge the Hirer reasonable compensation for the net costs HFH will incur as a result of the Hirer breaking the Contract.

17. LATE PAYMENT

17.1 If the Hirer does not make any payment to HFH by the due date, HFH may charge interest to the Hirer on the overdue amount at the rate of 4% per annum above the base lending rate from time to time of Barclays Bank plc. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Hirer must pay HSS interest together with any overdue amount.

18. IF THERE IS A PROBLEM WITH THE EQUIPMENT

18.1 How to tell HFH about problems. If the Hirer has any questions or complaints about the Equipment, please contact HFH.

PART C: TERMS APPLYING ONLY TO TRADERS

19. FORMATION OF CONTRACTS

No Hirer Terms will apply to any Contracts. Each Contract will be subject to these Terms to the exclusion of all other terms and conditions, including any terms or conditions which the Hirer purports to apply under any purchase order, confirmation of order or similar document, whether or not such document is referred to in the Contract.

20. THE EQUIPMENT

20.1 Liability for damage to Hirer’s property. HFH shall have no liability to the Hirer for damage to the Hirer’s property if the Hirer fails to comply with clause 4.3.

20.2 Consequences of parting with control of the Equipment. If the Hirer without the prior written consent of HFH, parts with control of the Equipment, the Hirer shall, immediately upon HFH’ request procure the return of the Equipment to the Hirer. If the Equipment is not returned to the Hirer within 5 days of HFH’ request, the Equipment shall be deemed to be lost and the Hirer shall be responsible for the replacement of the Equipment and the Charges and any Additional Charges will continue to apply until settlement is made to the satisfaction of HFH.

20.3 Equipment will comply with the Contract. HFH shall:

20.3.1 during each Hire Period, ensure that the Equipment shall be of satisfactory quality, comply with any description provided by the Hirer and shall be fit for its intended purpose; and 2

0.3.2 on the Commencement Date, ensure that the Equipment shall comply with all applicable laws and statutory regulations and any reasonable instructions and guidelines issued by the Hirer at the time of hire, including health, safety and security standards.

20.4 What to do if the Equipment fails to comply with the Contract. If, at any time during the Hire Period, the Hirer becomes aware of a breach of clause 20.3 the Hirer shall give written notice of the breach to HFH as soon as reasonably possible once the Hirer has become aware of the breach.

20.5 Remedies if the Equipment fails to comply with the Contract. Following receipt of written notice under clause 20.4 HFH will:

20.5.1 repair the Equipment;

20.5.2 replace the Equipment with equipment of an equivalent or similar specification; or

20.5.3 reduce the Charges of the relevant Equipment by a sum which is fair in the circumstance. These are the Hirer’s only remedy for a breach of clause 20.3.

20.6 Circumstances where HFH will not be liable. HFH shall not be responsible to the Hirer for any breach of clause 20.3 and shall not be required to repair or replace the Equipment in accordance with clause 20.5 if:

20.6.1 the breach arose directly as a result of any act or omission of the Hirer; and/or

20.6.2 the breach was caused by or contributed to as a result of the misuse, neglect, alteration, mishandling or unauthorised manipulation of the Equipment.

In such circumstances, and without prejudice to its other rights including those in clause 4.7, HFH shall be entitled to charge the Hirer for attending Site to repair or replace Equipment.

21. DELIVERY

​​​​​​​21.1 The Hirer shall procure that a duly authorised representative of the Hirer shall be present at the Site where the Equipment is to be delivered. Acceptance of delivery of the Equipment by such representative shall constitute conclusive evidence that the Hirer has accepted such delivery.

21.2 Time of delivery of the Equipment and/or performance of the Contract will not be of the essence.

21.3 If the Equipment is unavailable for inspection or collection within 5 days of the scheduled date for inspection or collection as agreed between HFH and the Hirer, the Equipment shall be deemed to be lost and the Hirer shall be responsible for the replacement of the Equipment as set out in clause 4.7 and the Charges and any Additional Charges will continue to apply until settlement is made to the satisfaction of HFH.

21.4 If HFH delivers a quantity of the Equipment less than the quantity specified in the Order, the Hirer shall agree the shortages with HFH and note the same on the delivery document. The Hirer may elect to:

21.4.1 refuse to take delivery of or reject the Equipment and the Hirer shall have liability for the cost of delivery only; or

21.4.2 take delivery of and keep the lesser quantity of Equipment or any part thereof and pay for them at the rate specified in the Order subject to a pro-rata reduction in the relevant Charges.

​​​​​​​21.5 If HFH delivers a quantity of Equipment greater than the quantity specified in the Order, the Hirer may elect to:

21.5.1 accept and pay for all the Equipment delivered at the Charges; or

21.5.2 accept and pay for the quantity specified in the Order and reject the excess.

22. CHARGES AND PAYMENT

22.1 Withholding tax. If the Hirer is required in accordance with the relevant tax laws to make any withholding in respect of taxes from payments made or due to HFH, it shall provide HFH with a certificate evidencing that withholding has been made and properly accounted for to the relevant tax authorities and shall provide HFH with such assistance as may reasonably be required to enable HFH to reclaim such taxes.

22.2 Hirer’s with Credit Accounts. If HFH has granted a credit account to the Hirer:

22.2.1 then payment of any Charges or any other sums due under the Contract, including VAT, shall be made in full cleared funds by the end of the month following the date of the invoice; and

22.2.2 HFH may set a reasonable credit limit.

22.3 HFH may terminate if the credit limit is exceeded. HFH reserves the right to terminate or suspend the Contract if allowing it to continue would result in the Hirer exceeding its credit limit or the Hirer has already exceeded its credit limit.

22.4 Invoice queries. The Hirer should notify HFH in writing of any queries concerning invoices within 14 days of the invoice date. HFH will not grant an extension to credit account payment terms for unresolved invoice queries that have been notified after such date.

22.5 Late payment. If the Hirer does not make any payment to HFH in full by the due date, without prejudice to any other rights of HFH, HFH may charge you interest (both before and after judgment) on the amount unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 and/or to suspend further Services to you or any of your associated companies.

23. HFH’ LIABILITY

​​​​​​​23.1 Non-excludable liability. Neither party excludes or limits its liability, if any, to the other party for:

23.1.1 death or personal injury resulting from its negligence or by the negligence of a person for whom it is vicariously liable;

23.1.2 any breach of its obligations implied by section 2 of the Supply of Goods and Services Act 1982;

23.1.3 for its fraud or fraudulent misrepresentation or the fraud or fraudulent misrepresentation by a person for whom it is vicariously liable; or

23.1.4 any matter which it would be illegal for it to exclude or to attempt to exclude its liability.

23.2 Tangible property liability. Subject to clauses 23.1 and 23.4, HFH’ maximum aggregate liability to the Hirer for loss of or damage to tangible property caused by its negligence or act or omission shall be limited to five million pounds (£5,000,000).

23.3 HFH’ aggregate liability. Subject to clause 23.1 and 23.4, HFH’ maximum aggregate liability to the Hirer arising out of or in connection with the Contract, whether in contract, tort, misrepresentation, under statute or otherwise, howsoever caused including by negligence and/or arising from a breach of, or a failure to perform or defect or delay in performance of, any of HFH’ obligations under the Contract but excluding any liability which falls within clause 23.1, shall be limited in respect of each Contract, to the Charges and other sums paid or payable in respect of that Contract as specified in the Order.

23.4 Excluded types of liability. Subject to clause 23.1, neither party shall have any liability to the other party for any:

23.4.1 loss of profit (direct or indirect);

23.4.2 loss of revenue, loss of production or loss of business (in each case whether direct or indirect);

23.4.3 loss of goodwill, loss of reputation, loss of opportunity and/or loss of operation (in each case whether direct or indirect);

23.4.4 loss of anticipated saving or loss of margin (in each case whether direct or indirect);

23.4.5 liability of the other party to third parties (whether direct or indirect); or

23.4.6 indirect, consequential or special loss,

arising out of or in connection with the Contract, whether in contract, tort, misrepresentation, under statute or otherwise, howsoever caused including by negligence and/or arising from a breach of, or a failure to perform or defect or delay in performance of, any of that party’s obligations under the Contract and/or any defect in or breakdown of the Equipment or the Equipment’s unsuitability for the Hirer’s intended purpose.

23.5 The Effect of clause ​​​23.4 on the Hirer’s liability. Clause 23.4 shall not limit or exclude HFH’ ability to claim against the Hirer in respect of:

23.5.1 any loss of or damage to Equipment subject to any Damage Waiver or Damage Waiver Plus applying;

23.5.2 the ability to recover the Charges applicable for any remaining Hire Period on early termination of any Contract as set out in these Terms; and/or

23.5.3 costs and expenses in respect of recovery of the Equipment as set out in these Terms.

23.6 HFH’ entire liability. The Contract set out the full extent of HFH’ obligations and liabilities in respect of the Equipment including the hire of Equipment to the Hirer. There are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on the Hirer except as specifically stated in the Contract. Any condition, warranty or other term concerning the Equipment which might otherwise be implied into or incorporated within the Contract, whether by statute, common law or otherwise, is expressly excluded.

24. CANCELLATION

24.1 The Hire Period will not exceed 88 days. Where the hire is to a Hirer who is an “individual” (which includes without limitation a sole trader or partnership) under the Consumer Credit Act 1974, the Hire Period shall not exceed 88 days, after which time the relevant Contract shall be deemed to have automatically terminated.

24.2 Grounds for mutual termination. Either party may, immediately on giving written notice to the other party, terminate the Contract and/or the relevant Contract without payment of compensation if the other party:

24.2.1 commits a material breach of the Contract which is incapable of remedy;

24.2.2 commits a material breach of the Contract which can be remedied but fails to remedy that breach within seven (7) days of a written notice setting out the breach and requiring it to be remedied being given by the other party; and/or

24.2.3 becomes Insolvent and each party shall notify the other party immediately upon becoming Insolvent.

24.3 Termination on Notice. Either party may terminate the Contract on giving the other party not less than five (5) days’ notice in writing.

24.4 HFH’ rights to terminate. HFH may terminate the Contract immediately on giving written notice to the other party if:

24.4.1 the Equipment is lost, stolen, seized, confiscated or in HFH’ reasonable opinion or the opinion of its insurer(s), damaged beyond repair;

24.4.2 the Hirer fails to pay any of HFH’ invoices within thirty (30) days from the due date for payment; or

24.4.3 the Hirer (or its associated persons, agents or subcontractors) is shown not to be running its business in accordance with applicable law and regulations and with high levels of governance and ethical standards or cannot evidence such standards by way of appropriate policies and controls (or otherwise) to HFH’s reasonable satisfaction, including but not limited to compliance with the Bribery Act 2010, the Modern Slavery Act 2015, the Criminal Finances Act 2017 (anti-facilitation of tax evasion) and the General Data Protection Regulation.

24.5 Accrued rights and remedies will not be prejudiced by termination or expiry. The termination of the Contract (or any part of it) shall be without prejudice to the rights and remedies of either party which may have accrued up to the date on which the Contract expires or is cancelled for whatever reason.

24.6 Consequences of termination or expiry. Upon the termination or expiry of the Contract, howsoever caused, without prejudice to any other rights or remedies of HFH:

24.6.1 HFH shall be entitled to invoice all Charges and Additional Charges incurred which have not yet been invoiced;

24.6.2 the Hirer shall pay on demand all Charges and Additional Charges which are due but are unpaid at the date of demand, together with any interest accrued; and

24.6.3 the Hirer shall pay on demand all costs and expenses incurred by HFH in recovering the Equipment and/or in collecting any sum due under the Contract (including any storage, transport, insurance, repair, legal and remarketing costs).

24.7 Hirer’s rights to Equipment ends when the Contract ends. Without prejudice to the remainder of these Terms, on the termination or expiry of any Contract HFH’ consent to the Hirer’s possession of the Equipment shall terminate and HFH may take possession of the Equipment and for this purpose may enter the Site or any premises at which the Equipment is located.

​​​​​​​24.8 Definition of Insolvent. “Insolvent” means where a person ceases to trade, is unable to pay its debts as they fall due or where a person becomes, or is likely to become, insolvent or bankrupt including where a person has a receiver, administrative receiver, administrator or provisional liquidator appointed; is subject to a notice of intention to appoint an administrator; passes a resolution for its winding-up has a winding up order made by a court in respect of it; enters into any composition or arrangement with creditors (save in respect of a solvent restructuring) or has any steps or actions taken in connection with any of these procedures in any jurisdiction.

25. INTELLECTUAL PROPERTY RIGHTS

No right of licence is granted to the Hirer in respect of any intellectual and industrial property rights whether registered or unregistered (including know how and rights to prevent passing off) in the United Kingdom and all other countries in the world and together with all applications, renewals and extensions of the same of HFH, except the right to use the Equipment in the Hirer’s ordinary course of business for the purpose for which they were supplied.

26. CONFIDENTIALITY

26.1 Use of Confidential Information. Each party will keep secret and confidential all confidential information concerning the business, affairs, customers, clients or suppliers of the other party which is disclosed or obtained in connection with the Contract and/or any Contract and shall not use nor disclose the same save for the purposes of the Contract or with the prior written consent of the relevant party. Where disclosure is made to any employee, consultant, sub-contractor or agent, who needs to know the confidential information for the purposes of the Contract and/or any Contract it shall be done subject to the obligations set out in the Contract and each party shall procure that any such employee, consultant, sub- contractor or agent complies with such obligations.

26.2 Exceptions to obligations of confidentiality. The obligations of confidentiality in this clause shall not extend to any matter which:

26.2.1 is in or enters the public domain other than as a result of a breach of the obligations of confidentiality under the Contract; or

26.2.2 is independently disclosed by a third party entitled to disclose the same; or

26.2.3 is required to be disclosed under any applicable law, or by order of a court, governmental body or authority of competent jurisdiction.

27. NOTICES

27.1 Method and Address for notices. Any notices sent under the Contract must be in writing, delivered by hand or sent by pre-paid first class post or recorded delivery to the parties at their registered addresses. Any notice or communication given in accordance with clause 27.1 shall be deemed to have been served:

27.1.1 if delivered by hand, at the time of delivery; or

27.1.2 if sent by pre-paid first class post or recorded delivery at 9.00 a.m. on the second Business Day after the date of posting.

27.2 Clause not applicable where the Civil Procedure Rules apply. This clause 27 shall not apply to the service of any proceedings or other documents in a legal action to which the Civil Procedure Rules apply.

28. GENERAL

28.1 Entire Agreement. The Contract constitutes the entire agreement between the parties and supersedes any prior agreement or arrangement in respect of its subject matter and:

28.1.1 neither party has entered into the Contract in reliance upon, and it shall have no remedy in respect of, any representation or statement which is not expressly set out in the Contract; and

28.1.2 nothing in this clause 28.1 shall be interpreted or construed as limiting or excluding the liability of either party for fraud or fraudulent misrepresentation.

28.2 No Partnership. Nothing in the Contract and no action taken by the parties in connection with it or them shall create a partnership or joint venture or relationship of employer and employee between the parties or give either party authority to act as the agent of or in the name of or on behalf of the other party or to bind the other party or to hold itself out as being entitled to doso.

28.3 Independent Contractor. Each party agrees that it is an independent contractor and is entering into the Contract as principal and not as agent for or for the benefit of any other person.

(a) Hire charges will be for periods of 3 days (72 hours), including Bank Holidays, as detailed on the hire contract. All charges quoted are subject to VAT at the current rate.

(b) Delivery and collection will be charged at current Heaters for Hire rates. Failed delivery and collection attempts will be charged at current rates.

(c) All outstanding payments, including VAT, will be paid on demand.

(d) Deposits will be requested as security on equipment hired and will be used against any outstanding payments. Any balance due is refunded back to the original source of the funds on return of equipment in sound/clean condition.

(e) A minimum £250 deposit payment will be required per Heater to secure & confirm your order. A £50 deposit will be required for each Gas Bottle.

(f) Any parking fines or other parking costs incurred due to inadequate provisions made by the organisers of the event for delivery and collections by Heaters for Hire will be re-charged to the Hirer.

(g) Any equipment unavailable for inspection or collection, after a reasonable time, will be deemed to be lost and a charge will be made to the Hirer equal to the current replacement value of the equipment. The Hirer agrees to pay for all equipment loss, repair and cleaning (see clause h). Hire charges will continue until full payment is made.