S&M Plant Hire Limited
EQUIPMENT HIRE AND SALE TERMS AND CONDITIONS
Business details and contract documents
These terms apply to machinery, plant, equipment and building materials hired, cross-hired or sold by S&M Plant Hire Limited (the “Supplier”). The person or organisation placing an order is the “Customer”. The Supplier and Customer are together referred to as the “parties”. The written quotation, order confirmation or commercial schedule issued for a transaction (the “Order Schedule”) records the goods or equipment, prices, hire duration, delivery and collection arrangements, site address and any transaction-specific terms. The Supplier’s registered or business address and contact details should be completed in Section 29.
1. Meaning of key terms
“Goods” means the equipment, machinery, tools, products, accessories and, where applicable, digital content described in the Order Schedule.
“Hire Goods” are Goods supplied temporarily for use by the Customer. “Sale Goods” are Goods sold to the Customer.
“Hire Period” means the agreed period during which Hire Goods are hired, including any extension agreed in writing. “Hire Charges” means the hire fees stated in the Order Schedule.
“Consumer” means an individual acting wholly or mainly outside their trade, business, craft or profession. “Business Customer” means a Customer acting for business or professional purposes.
“Loss” includes claims, damage, costs, expenses and liabilities, to the extent recoverable under applicable law. “Total Loss” means Goods that are lost, stolen, confiscated or, in the Supplier’s reasonable assessment, damaged beyond economical repair.
2. Making the contract
The Customer’s order is an offer to hire or buy the Goods on these terms and the applicable Order Schedule. The Customer must check that all order details are complete and accurate.
A contract is formed when the Supplier confirms acceptance of the order in writing, or otherwise expressly accepts it. These terms and the Order Schedule form the contract and replace earlier discussions about the same transaction.
Any illustrations, samples, catalogue descriptions or advertising are intended as general guidance unless expressly included in the contract as a binding specification.
Any change to the contract must be agreed in writing by authorised representatives of both parties. If the Order Schedule conflicts with these terms, the Order Schedule takes priority only where it clearly identifies the relevant change.
Nothing in these terms removes or restricts any right that the law says cannot be excluded or restricted, including applicable Consumer rights.
3. Description and changes to Goods
The Goods supplied will materially match the description or specification set out in the Order Schedule.
The Supplier may make changes required by law or regulation, or minor technical improvements that do not materially reduce the Goods’ agreed functionality.
If a significant change materially disadvantages a Consumer, the Supplier will explain the change and the Consumer may have a right to cancel and receive an appropriate refund under applicable law.
Where Goods include digital content, updates may be supplied where appropriate, provided the content continues to meet the contract and applicable legal requirements.
Custom-made or bespoke Goods may require additional written terms.
4. Hiring Goods
The Supplier agrees to hire the Hire Goods to the Customer for the Hire Period, subject to the contract.
Provided the Customer complies with the contract, the Supplier will not unreasonably interfere with the Customer’s possession and use of the Hire Goods, except where intervention is permitted by the contract or law.
5. Hire dates, extensions and return
The Hire Period begins on the start date stated in the Order Schedule or otherwise confirmed in writing. The agreed end date, if any, will be recorded in the Order Schedule.
If no end date is specified, the Customer must request an off-hire date in accordance with the Supplier’s stated procedure. A hire does not end merely because the Customer has stopped using the Goods.
By the end of the Hire Period, the Customer must return the Hire Goods to the agreed location or make them available for collection if the Supplier has agreed in writing to collect them.
Any extension must be agreed with the Supplier. The Customer must not assume that a requested extension has been accepted until the Supplier confirms it.
If the Customer fails to return or make the Hire Goods available as required, the Supplier may recover reasonable losses and costs caused by that failure, subject to applicable law and the contract.
6. Ownership and risk for Hire Goods
The Supplier retains ownership of all Hire Goods. The Customer receives only a temporary right to possess and use them under the contract.
The Customer must not sell, pledge, charge, dispose of, lend or otherwise deal with Hire Goods as if they were its own. Sub-hiring or allowing another person to use the Hire Goods requires the Supplier’s prior written consent.
Risk of loss or damage passes to the Customer when the Hire Goods are handed over, collected or delivered into the Customer’s possession or control. Risk remains with the Customer until the Goods have been returned to the Supplier or collected by it and checked, subject to applicable law.
7. Insurance
Unless the Order Schedule expressly states that the Supplier has arranged cover, the Customer must arrange and maintain appropriate insurance during the period of risk. Cover should include the full replacement value of the Hire Goods and suitable third-party liability protection where relevant.
The Customer is responsible for policy excesses and must tell the Supplier promptly about any loss, theft, accident or damage involving the Goods.
The Customer must not settle or compromise an insurance claim relating to the Goods in a way that affects the Supplier’s interest without first obtaining the Supplier’s written consent.
On reasonable request, the Customer must provide evidence of the insurance cover and premium payment. Any optional insurance offered by the Supplier will be subject to separate written terms and charges.
The parties should confirm in writing before hire whether any insurance waiver or alternative arrangement applies.
8. Delivery, collection and inspection
Unless the Order Schedule says otherwise, the Customer must collect the Goods and return Hire Goods to the Supplier. Delivery or collection arranged by the Supplier may incur the charges stated in the Order Schedule.
The Customer must provide safe, suitable access to the site, including appropriate unloading space, facilities and any necessary utilities. The Customer is responsible for ensuring that the site information and delivery instructions are accurate.
Delivery and collection dates are estimates unless expressly agreed as binding. The Supplier is not responsible for delays caused by events outside its reasonable control or by inaccurate or incomplete instructions from the Customer.
If a delivery or collection is delayed, cancelled or rearranged because the Customer has not met its obligations, the Supplier may charge reasonable additional costs that have been disclosed or agreed.
The Customer should inspect the Goods promptly on delivery and report any apparent defect, damage or shortage as soon as reasonably possible, preferably within 24 hours. This does not affect statutory rights.
Where relevant, the Customer must use fuel and other consumables lawfully and in accordance with the Supplier’s instructions. If unlawful or unsuitable fuel is used, the Customer may be charged reasonable cleaning, draining, repair and refuelling costs where legally recoverable.
The Customer must notify the Supplier promptly if the Goods are seized, detained or confiscated by a third party or public authority.
9. Looking after Hire Goods
The Customer must use the Hire Goods carefully, safely and only for their intended purpose, following the manufacturer’s and Supplier’s instructions and all applicable laws.
The Customer must keep the Goods secure, take reasonable precautions against theft and damage, and preserve all labels, identification marks and safety features.
The Customer must not alter, dismantle, repair, relocate outside the agreed area, export or attach the Goods permanently to land or a building without the Supplier’s prior written consent.
The Customer must allow the Supplier reasonable access, on reasonable notice, to inspect or recover the Goods. In an emergency or where the law permits, access may be sought without ordinary notice.
The Customer must not do anything that could undermine the Supplier’s ownership rights or invalidate relevant insurance. If the Goods become attached to property, the Customer must cooperate in allowing lawful removal and make good damage caused by the Customer, to the extent legally recoverable.
At the end of the hire, the Customer must return the Goods in a clean and serviceable condition, allowing for fair wear and tear and inherent defects, together with supplied accessories and related documents.
10. Maintenance, servicing and repairs
The Customer must carry out checks, inspections and statutory examinations that the contract or applicable law places on the user, and must follow all operating and safety instructions.
The Customer must stop using any Goods that appear unsafe or damaged and notify the Supplier promptly.
The Customer must use the correct fuel, oil, power supply and installation method, and must ensure that installation or operation requiring specialist competence is carried out by appropriately qualified people.
Unless the Order Schedule states otherwise, the Supplier will arrange routine maintenance and repairs required because of fair wear and tear or an inherent fault. The Customer is responsible for reasonable repair costs arising from misuse, negligence, unauthorised changes or failure to follow instructions, except to the extent caused by the Supplier.
The Customer must not repair or arrange repair of Hire Goods without the Supplier’s prior written authorisation, except where immediate action is required by law or to prevent imminent harm.
11. Loss, damage and theft
If Hire Goods are returned unusually dirty, damaged or defective because of the Customer’s actions or omissions, the Customer may be charged reasonable cleaning or repair costs and, where applicable and legally recoverable, hire charges for the period reasonably required to restore the Goods to a hireable condition.
If Goods are lost, stolen or damaged beyond economical repair while at the Customer’s risk, the Customer may be liable for the reasonable replacement or repair cost, taking account of the age, condition and value of the Goods and any applicable legal requirements.
The Customer must notify the Supplier promptly after discovering loss, theft or serious damage. Any hire charges payable up to notification, and any further compensation for loss of hire, must be calculated in accordance with the Order Schedule and applicable law; no amount is payable twice for the same loss.
12. Ending a hire
Where a fixed Hire Period has been agreed, neither party may end it early except as permitted by the contract or law, or by written agreement.
Where no fixed period applies, either party may end the hire by giving the notice stated in the Order Schedule. If no notice period has been agreed, either party may give at least 14 days’ written notice, subject to any mandatory legal rights.
The contract may end automatically if a Total Loss occurs, without affecting any accrued rights or liabilities.
Consumer cancellation rights provided by law remain unaffected.
13. Sub-hire and third-party use
The Customer must not sub-hire, lend or give another person possession of the Hire Goods, or allow another person to provide services using them, unless the Supplier has given prior written consent. The Customer remains responsible for the Goods and for authorised users’ conduct, subject to applicable law.
14. Location of Hire Goods
The Customer must provide accurate contact details and the address where the Hire Goods will be kept. The Goods must remain at that location unless the Supplier has approved a move in writing.
The Customer must promptly update the Supplier if contact details or the Goods’ location change.
15. Accidents and incidents
The Customer must notify the Supplier as soon as possible, and within 24 hours where practicable, of any accident involving the Goods that causes damage, injury or a serious safety incident. Emergency services and any legally required authorities must also be notified where appropriate.
The Customer must preserve relevant information and cooperate reasonably with the Supplier and insurers. The Customer must not admit liability or agree a settlement on the Supplier’s behalf.
16. Ownership and risk for Sale Goods
Unless the law requires otherwise, ownership of Sale Goods passes to the Customer only when the Supplier has received full cleared payment for those Goods and all other amounts that the contract expressly makes a condition of transfer.
Until ownership passes, the Customer must keep the Sale Goods identifiable and in good condition and, where appropriate, insured for their full replacement value.
Risk normally passes when the Sale Goods are delivered to or collected by the Customer, except where mandatory law or the Order Schedule provides otherwise.
Any resale or use of unpaid Sale Goods by a Business Customer must be expressly permitted in writing by the Supplier. If permission is given, the parties should record the conditions and treatment of proceeds in the Order Schedule.
17. Delivery of Sale Goods
Unless agreed otherwise in writing, the Customer must collect Sale Goods from the Supplier. Delivery arranged by the Supplier will be charged as stated in the Order Schedule.
The Customer must provide suitable access and accurate delivery instructions. Dates are estimates unless expressly agreed as binding.
If delivery to a Consumer is substantially delayed, the Consumer may have cancellation and refund rights under applicable law. Nothing in this clause limits those rights.
The Customer may be charged reasonable additional costs caused by failed delivery or collection arrangements attributable to the Customer, where the charge is lawful and has been disclosed or agreed.
18. Prices, deposits and payment
Prices, hire charges, deposits, delivery fees and payment dates are those set out in the Order Schedule or otherwise agreed in writing. VAT and other applicable taxes will be added where required by law.
Any deposit or advance payment must be paid by the time stated in the Order Schedule. A deposit may be used only for amounts properly due under the contract, and any balance must be returned in accordance with the contract and applicable law after the Goods have been checked.
Payment must be made in cleared funds by the due date. For Business Customers, the Supplier may charge interest on overdue amounts at the rate permitted by applicable late-payment legislation or at another lawful rate stated in the Order Schedule.
Business Customers must not withhold or deduct sums due except where they have a lawful right to do so. This does not limit a Consumer’s statutory rights.
If the Supplier stores payment card details securely, they may be used only for authorised payments in accordance with the agreed payment terms and applicable data-protection and payment rules.
The Customer is responsible for instructions it gives to its staff or representatives, but this does not exclude liability that cannot lawfully be excluded.
19. Customer default and suspension
If the Customer fails to pay an amount when due or otherwise breaches the contract, the Supplier may give notice requiring the breach to be remedied where appropriate. The Supplier may suspend supply or exercise other lawful remedies if the breach is not remedied.
The Supplier may take proportionate action where it reasonably believes the Customer will be unable to meet its contractual obligations, subject to any notice, court process or other protection required by law.
Any right to terminate or recover Goods must be exercised lawfully and must not override mandatory Consumer protections.
20. Termination by the Supplier
To the extent permitted by law, the Supplier may terminate the contract by written notice if the Customer fails to pay a due amount, commits a material breach and does not remedy it within 14 days after written notice where the breach can be remedied, repeatedly breaches the contract, or provides materially false information relevant to the transaction.
The Supplier may also terminate where the Customer becomes insolvent or enters a formal insolvency process, or where there is a reasonable and substantial concern that the Customer cannot meet its obligations, subject to applicable insolvency law and any mandatory restrictions.
Any subscription or continuing digital service may be ended only in accordance with the agreed terms and applicable law, including any required notice and refund.
21. What happens when the contract ends
When a hire ends, the Customer’s permission to possess and use the Hire Goods ends. The Customer must return the Goods or make them available for collection as agreed.
The Customer must pay amounts properly due up to termination and any reasonable recovery costs that are recoverable under the contract and applicable law.
Any claim for future hire charges, early termination charges or other losses must be calculated in accordance with the Order Schedule and applicable law, and must not amount to an unlawful penalty or double recovery.
Ending the contract does not affect rights or liabilities that arose before termination or provisions intended to continue afterwards.
22. Business-customer warranty terms
This section applies only to Business Customers and only to the extent permitted by law.
The Supplier warrants that, at delivery, the Goods will materially conform to the agreed written specification and will be free from material defects in design, materials and workmanship, subject to the exclusions below.
A Business Customer claiming under this warranty must notify the Supplier in writing within a reasonable time after discovering the issue, allow a reasonable opportunity for inspection and, if requested, return the Goods in accordance with the Supplier’s reasonable instructions.
Where a valid warranty claim is established, the Supplier may repair or replace the affected Goods or refund the relevant price or hire charges, as appropriate and permitted by law.
The warranty does not cover defects caused by misuse, neglect, failure to follow instructions, unauthorised repair or alteration, abnormal conditions, fair wear and tear, or a specification supplied by the Customer. It also does not cover changes required to comply with law.
Nothing in this section excludes a warranty or remedy that cannot lawfully be excluded.
23. Liability
Nothing in the contract excludes or limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited.
For Business Customers, and subject to the preceding paragraph, the Supplier is not liable for indirect or consequential loss, loss of profit, revenue, business, contracts, anticipated savings or opportunity, or damage to goodwill, to the extent permitted by law.
For Business Customers, the Supplier’s total liability arising from a contract will not exceed the cap expressly stated in the Order Schedule. If no cap is completed, obtain legal advice before using this clause rather than assuming a particular cap is enforceable.
For Consumers, the Supplier is responsible for loss or damage that is a reasonably foreseeable result of its breach or failure to use reasonable care and skill. Consumer statutory rights are not excluded by these terms.
The Customer must give the Supplier a reasonable opportunity to inspect and, where appropriate, remedy a matter before incurring costs itself, except where urgent action is reasonably necessary or the law provides otherwise.
24. Operators, staff and instructions
The Customer must ensure that anyone operating the Goods is suitably trained, qualified and authorised, and follows the Supplier’s and manufacturer’s instructions and applicable safety law.
If the Supplier provides an operator, the Order Schedule should state the operator’s role and the arrangements for supervision, site safety, insurance and responsibility. Responsibility will be allocated in accordance with the contract and applicable law.
The Supplier may provide instructions in printed, digital or QR-code format. The Customer must ensure that users can access the instructions, including by arranging an offline copy where internet access is unavailable.
25. General provisions
Each order for hire or sale forms a separate contract unless the parties agree otherwise in writing.
The Supplier may keep reasonable records of orders, delivery and collection, including photographs or recordings where lawful and appropriately notified. Personal information must be handled in accordance with applicable data-protection law and the Supplier’s privacy notice.
Business Customers must compensate the Supplier for losses caused by their breach or unlawful acts only to the extent such compensation is legally recoverable and properly attributable to that breach or act.
A failure or delay in exercising a right does not waive that right. If a provision is held unenforceable, the remaining provisions continue to apply to the extent possible.
Neither party is responsible for delay caused by an event beyond its reasonable control, provided the affected party gives notice and takes reasonable steps to reduce the impact. This clause does not override payment obligations already due or mandatory legal rights.
The contract and its Order Schedule contain the entire agreement concerning the transaction. Any amendment must be recorded in writing and signed or otherwise expressly accepted by both parties.
No person who is not a party to the contract may enforce it, except where applicable law or an expressly agreed exception allows this.
26. Governing law and courts
These terms and each contract are governed by the laws of England and Wales, subject to any mandatory consumer-protection rules that apply.
The courts of England and Wales will have jurisdiction over disputes, subject to any rights Consumers have to bring proceedings in another court where required or permitted by law.
27. Alternative dispute resolution
The parties may agree in writing to use mediation or arbitration to resolve a dispute. Neither party is required to use arbitration unless it has agreed to do so and the arrangement is lawful.
If arbitration is agreed, the parties must record the applicable rules, appointment process, legal seat, language and allocation of costs in a separate written agreement. Consumer rights to bring proceedings and any mandatory dispute-resolution protections remain unaffected.
28. Severability
If any part of the contract is found unlawful or unenforceable, it will be treated as removed or limited only to the extent necessary. The remaining terms will continue to apply.
29. Supplier details and notices
S&M Plant Hire Limited
72-74 Wood Street, London, E17 3HT
Company number: 04099491
Email for notices and customer support: info@smphire.com
Telephone: 020 8144 4418
Website and privacy notice: www.smphire.com
Notices must be sent to the contact details above, or to any updated details the Supplier has notified in writing. The parties should specify in the Order Schedule when a notice is treated as received.