Terms and Conditions

Short term trailer hire contract outside the Consumer Credit Act 1974

TERMS AND CONDITIONS

By this agreement the Owner lets and the Hirer takes the Trailer on hire for the period not exceeding 84 days reckoned in accordance

with the terms and conditions set out below which form part of this agreement.

1. Duration
1.1 The period of hire shall commence on
the earlier of the date of this Agreement and
the date on which the Trailer is collected by
or delivered to the Hirer. The Period of Hire
shall end on the earlier of the following days;
the day on which the Trailer is redelivered to
the Owner at the Delivery Point, or the day
on which it is collected by the Owner from the
Hirer at the Delivery Point, or on the expiry of
the 84th day of the Period of Hire. The Hirer
shall in any event return the Trailer to the
Owner not later than the end of the 84th day of
the Period of Hire.
2. Payment of hire rent
2.1 On or before taking delivery of the
Trailer the Hirer shall pay to the Owner the
Deposit and the Minimum Hire Rent specified

above, and shall pay punctually and in full the
Hire Rent weekly in advance or in full if the
Period of Hire is to be less than one week, the

first such payment to be made immediately

upon expiry of the Minimum Period of Hire. The
date of delivery and the date of redelivery shall
be counted as whole days for this purpose.

3. Defective Trailer
3.1 The Hirer shall report any defects
or malfunction in the Trailer within 24 hours
of delivery and shall, if so requested by the
Owner, return the Trailer to the Delivery
Point for inspection by the Owner. If the
Owner agrees in its absolute discretion that
the Trailer is not functioning properly, it shall
use all reasonable endeavours (but shall not
be bound) to provide a suitable replacement
Trailer or items from the stock of the Owner,
and shall credit the Hirer with such an amount
not exceeding 2 days’ Hire Rent as it shall in
its absolute discretion consider appropriate.
Subject only to the above, the Owner accepts
no responsibility for any loss, damage, costs,
claims or expenses suffered or incurred by
the Hirer or by any third person (including
the Hirer’s servants or agents), except that
the Owner does not by this provision seek to
exclude its liability for death or personal injury
arising out of the negligence of the Owner, its
servants or agents.
3.2 The Owner shall not under any
circumstances be liable for any injuries caused
to the Hirer its agents or any third parties
arising out of the use of the Trailer during the
Period of Hire.
3.3 The Owner shall not be liable to the
Hirer for any consequential losses arising out
of the use of the Trailer.
4. Use
4.1 The Trailer shall be strictly under the
control of the Hirer at all times from delivery
until redelivery, and the Hirer shall ensure
that the Trailer is used safely and without
risk to health, is used only by the Hirer and is
not used for commercial purposes or for any
purpose for which the Trailer is not designed
or reasonably suitable.
4.2 The Hirer shall ensure that the
lockable hitch provided with the Trailer is used
at all times during the Period of Hire when the
Trailer is not connected to the towing vehicle
in addition to which the Hirer must ensure that
all steps are taken to ensure that the Trailer is
secure from theft or damage.
5. Indemnity
5.1 The Hirer shall be responsible for and
shall indemnify the Owner against all loss
or damage caused to or by the Trailer from
whatever cause arising.
6. Insurance and Driving Licence
6.1 The Hirer shall keep the Trailer insured
against loss or damage and third party risks
and shall produce evidence of such insurance
to the Owner, who shall be entitled to withhold
delivery until such production.
6.2 Immediately prior to the commencement
of this Agreement the Hirer must produce to
the Owner a valid certificate of insurance in

respect of the Hirer’s towing vehicle

6.3 Immediately prior to the commencement
of this Agreement the Hirer shall produce to the
Owner a valid full driving licence confirming

that the Hirer is licensed to tow a trailer

6.4 Immediately prior to the commencement
of this Agreement the Hirer shall satisfy the
Owner that the Hirer’s proposed towing vehicle
is legally capable of towing the Trailer
6.5 Immediately prior to the commencement
of this Agreement the Hirer shall produce to the
Owner evidence of the Hirer’s usual place of
residence in the form of two of the following:
Passport, utility bill, telephone bill, bank
statement or credit card
statement
7. Retention of the Trailer and Maintenance
7.1 The Hirer shall keep the Trailer in its
sole possession and shall not lend the Trailer
or sublet it to any person or otherwise part
with possession of it in any way. The Hirer
acknowledges that the Trailer remains the
property of the Owner at all times and must
not in any circumstances be sold or used as
security. The Hirer shall not permit any lien to
be created on the Trailer or pledge the Owner’s
credit for repairs to it.
7.2 Subject to the provisions of clause 9
of this Agreement the Hirer must return the
Trailer to the Owner in the same condition that
the Trailer was provided to the Owner at the
commencement of this Agreement.
7.3 The Hirer hereby agrees to be
responsible for the cost of replacing any tyres
fitted to the Trailer should those tyres be

damaged during the Period of Hire.

8. Maintenance
8.1 The Owner will maintain the Trailer
at its own expense and the Hirer shall, when
required by the Owner, grant access to the
Trailer for the purpose of inspecting it and
carrying out any work of maintenance or
repair.
9. Repairs
9.1 The Hirer must not repair or attempt
to repair the Trailer in the event of damage
or breakdown but must forthwith notify the
Owner.
9.2 If the damage or breakdown has been
caused by the fault or carelessness of the
Hirer or by misuse of the Trailer, the repair will
be at the expense of the Hirer.
9.3 In any case other than under clause
9.2 above the repair will be at the expense of
the Owner.
9.4 The Owner may at its option substitute
another trailer of a similar type or condition in
lieu of repairing the Trailer without relieving the
Hirer from responsibility for the cost of repair
under clause 9.2 and without extending the
period of hire.

9.5 If the Owner cannot for any reason
provide the Hirer with a replacement trailer the
Hirer may at it’s option terminate the hiring by
written notice to the Hirer at any time provided
in the sole opinion of the Owner the Trailer is
not worth repairing or cannot be repaired; in
such event (except where clause 9.2 applies)
the Owner shall repay the hire rent for any
outstanding period for which it has already
been paid.
9.6 Nothing in this clause shall affect or
diminish the liability of the Hirer for any breach
of this agreement or render the Owner liable
to the Hirer for any resultant or consequential
loss, damage or inconvenience.
10. Termination
10.1 This agreement and the hiring
constituted by it shall without notice but at the
option of the Owner end, and the Hirer shall
no longer be in possession of the Trailer with
the Owner’s consent, in any of the following
circumstances:
10.2 A default by the Hirer in the payment
of any money due under this agreement for a
period of 7 days;
10.3 A breach by the Hirer of any of the
provisions of this agreement other than those
relating to the payment of money;
10.4 The Hirer presenting or allowing to be
presented an application for an interim order
or a petition for a bankruptcy order within the
meaning of the Insolvency Act 1986 or allowing
the levy of any distress or execution against
the Hirer;
10.5 The Hirer entering into or attempting
to enter into a composition with creditors or
(in the case of a limited company) going into
liquidation except a voluntary liquidation for
the purpose of amalgamation or reconstruction
on terms previously approved by the Owner in
writing;
10.6 A receiver or administrator being
appointed in respect of the Hirers assets or
any of them, or a meeting, whether formal or
informal, being called of the Hirers creditors or
any of them.
10.7 In the event that the Hirer breaches
any of the terms of this Agreement causing the
Owner to seek legal advice or to commence
legal proceedings for any remedy available to
the Hirer for breach of the terms of any parts
of this Agreement the Hirer hereby agrees to
indemnify the Owner in respect of all costs
claims expenses and demands howsoever
caused.
Any queries please contact Emma at Stone
Trailer Hire:

Tel: 01538 306858

Mob: 07743137226

Email: info@stonetrailerhire.co.uk