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CUSTOMER TERMS AND CONDITIONS

ABOUT TRADE PLANT HIRE

Trade Plant Hire is a mobile application that allows customers to hire equipment by comparing available stockists based on the customer’s requirements (the “App” ). Trade Plant Hire provides the App to customers but it does not itself have possession of any equipment that is offered for hire via the App, does not provide any equipment for hire and it is not involved in the hiring transaction. The contract for hire of the equipment is made directly between you, the customer and the stockist (the “Hire Contract” ).

If you chose to place an order via the App, the resulting Hire Contract will be subject to the stockist’s terms and conditions of hire. The stockist’s terms and conditions of hire are available to view and download from the App. We strongly recommend that you review the stockist’s terms and conditions before placing an order via the App.

Trade Plant Hire has no control over, and does not guarantee the existence, quality, safety or legality of the equipment advertised for hire via the App.

  1. These terms
    1. What these terms cover. These are the terms and conditions on which we provide the Trade Plant Hire mobile app (the “App”).
    2. Why you should read them. Please read these terms carefully before you submit any order via the App. These terms tell you who we are, how we will provide the App to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
    3. Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
      1. you are an individual; and
      2. you are hiring equipment from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). We have noted in these terms where provisions are specific to consumers, and where they are specific to businesses.
    4. If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your use of the App. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.
  2. Information about us and how to contact us
    1. Who we are. We are Trade Plant Hire Limited a company registered in England and Wales. Our company registration number is 12606412 and our registered office is at Suite D, Astor House, 282 Lichfield Road, Four Oaks, Sutton Coldfield, West Midlands, B74 2UG. Our registered VAT number is 352101158.
    2. How to contact us. You can contact us or by emailing us at office@tradeplanthire.co.uk.
    3. How we may contact you. If we have to contact you, we will do so by telephone or by email at the email address provided to us when you register to use the App
    4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
  3. REGISTRATION PROCESS
    1. Following your registration to us the App, you will be asked to verify your identity via a two-stage authentication process.
    2. You must ensure that you keep your contact details on the App up to date in case we need to contact you. You can update your contact details via the dashboard on the App.
  4. LICENCE
    1. Subject to your compliance with the restrictions set out in this section, we hereby grant you a non-exclusive, non-transferable, royalty free licence to use the App, together with any data supplied with it, and any updates or supplements to it as we may make available to you from time to time.
    2. In relation to scope of use:
      1. use of the App shall include use of the App in object code form on a mobile device for business purposes connected with the hiring of plant and equipment;
      2. "use” of the App means loading it into temporary memory or permanent storage on the relevant mobile device.
    3. This licence does not permit you to:
      1. rent, lease, sub-license, loan, provide, or otherwise make the App available in any form in whole or in part to any person without our prior written consent;
      2. translate, merge, adapt, vary, alter or modify the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other program or website, except as necessary to use the App on mobile devices as permitted in these terms; or
      3. disassemble, decompile, reverse engineer or create derivative works based on the App, except as permitted by law.
    4. With respect to the App, you shall not:
      1. use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms;
      2. infringe our intellectual property rights or those of any third party licensor in relation to your use of the App;
      3. transmit any material that is defamatory, offensive or otherwise objectionable using the App;
      4. use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
      5. collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from our servers.
  5. ORDER PROCESS
    1. Entry of requirements. Once you have entered your requirements for equipment (including description, quantity, hire period, delivery date and delivery location) on the App, the App will display details of all stockists that can supply the required equipment in accordance with your requirements. The App will provide you with details of the hire charges, any required pre-authorisation and a link to the relevant stockist’s terms and conditions of hire.
    2. Selection of Stockist. Once you have selected which of the available stockists you would like to hire the equipment from (the “Stockist” ), and you have added the equipment to your basket, you will be asked whether you are happy to proceed with the order. If you confirm your agreement, you will be asked to pay the hire charges and VAT and any applicable pre-authorisation required by the Stockist will be taken. See section 7 below (Price and Payment) for further details on payment.
    3. Confirmation of Order. The Stockist’s acceptance of your order will take place when you receive confirmation of the order via the App. The confirmation will set out the details of the equipment hired and include contact details for the Stockist. At this point, the Hire Contract has been created between you and the Stockist on the Stockist’s terms and conditions of hire
    4. Your order number. The App will assign an order number to your order and tell you what your order is confirmed. It will help us and the Stockist if you can tell us the order number whenever you contact us or the Stockist about your order.
    5. Additional equipment or extended hire term. If you wish to place an order with the Stockist to hire additional items of equipment, or if you wish to extend the hire term, you should place any new order via the App. You must not place an order directly with the Stockist.
    6. We only sell to the UK. The App is solely for use in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
  6. Your rights to make changes If you wish to make a change to the equipment you have ordered or your requirements relating to delivery date or location, please contact the Stockist. We cannot deal with any changes to your requirements once the Hire Contract has been made, so you will need to contact the Stockist.
  7. Price and payment
    1. Where to find the hire charges for the equipment. The hire charges of the equipment (which includes VAT) will be indicated on the App when you place your order. We take all reasonable care to ensure that the hire charges advised to you are correct.
    2. When you must pay and how you must pay. Once you have placed your order, you will be asked to pay the hire charges and VAT and any deposit required by the Stockist will be taken. Our third party payment provider, Stripe Inc., will take payment. /li>
    3. Deposits.. In addition to the hire charges, the Stockist may require a deposit. The deposit covers any loss or damage to the equipment while it is hired to you. The pre-authorisation will also cover any additional charges that might be applied (e.g. cleaning charges if equipment is returned dirty) under the Stockist’s terms and conditions of hire.
  8. Your rights to end YOUR Hire Contract
    1. Ending the Hire Contract because of something the Stockist has done. Your rights relating to the termination of the Hire Contract with the Stockist are set out in the Stockist’s terms and conditions of hire.
    2. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then you have a legal right for 14 days after your order has been confirmed to change your mind and receive a refund. However, once the Stockist has delivered the equipment to you, you cannot change your mind and receive a refund, even if the cancellation period is still running. If you are a consumer exercising your right to change your mind, any refund that may be due to you will be made within 14 days of your telling us you have changed your mind.
    3. Ending the Hire Contract where we are not at fault and there is no right to change your mind. . Even if you are not a consumer who has a right to change their mind (see section 8.2 above) and the Stockist is not at fault, you can still end the Hire Contract before the end of the hire period, but you may have to pay the Stockist compensation. If you want to end a Hire Contract early, you should contact the Stockist directly. Your right to end the Hire Contract early will be subject to the Stockist’s terms and conditions of hire.
  9. Our rights to suspend or terminate your use of the app
    1. We may suspend or terminate (at our discretion) your use of the App if you do not comply with these terms. We may suspend or terminate (at our discretion) at any time your use of the App if:
      1. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for the convenient and efficient administration of the App, for example, updated contact or payment details;
      2. you do not comply in any material respects with these terms;
      3. you persistently fail to re-authorise pre-authorisations, such that Stockists are required to terminate Hire Contracts and collect equipment from you before the end of the scheduled hire period;
      4. you place orders for extended periods of hire of equipment directly with Stockists rather than via the App which has the effect of circumventing the use of the App in relation to Hire Contracts for extended hire periods.
  10. If there is a problem with the EQUIPMENT If you have any questions or complaints about the equipment or the Hire Contract, please contact the Stockist. You can find their contact details on your order confirmation.
  11. Our responsibility for loss or damage suffered by you if you are a consumer
    1. We are responsible to you for foreseeable loss and damage caused by us.. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our not complying with these terms or failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the Hire Contract was made, both we and you knew it might happen.
    2. We are not responsible to you for loss and damage caused by a stockist. We will not be liable for any loss or damage suffered by you as a result of any non-compliance by a Stockist or breach of contract by, or negligence on the part of, any Stockist or their employees, agents or subcontractors in connection with the hire of any equipment or the performance of, or failure to perform, any Hire Contract. If you incur any loss or damage as a result of, or in connection with, a Hire Contract, you should contact with the Stockist directly.
    3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
    4. We are not liable for business losses. If you are a consumer, we only supply the App to you for domestic and private use. If you use the App for any commercial, business or re-sale purpose our liability to you will be limited as set out in section 12 below.
  12. Our responsibility for loss or damage suffered by you if you are a business
    1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in these terms shall limit or exclude our liability for:
      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      2. fraud or fraudulent misrepresentation; or
      3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.
    2. Exclusion of statutory implied terms. All terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    3. Exclusion of liability. Subject to section 12.1:
      1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss, loss of profit, loss of reputation and any interest, penalties and legal costs arising under or in connection with any contract between us; and
      2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the hire charges paid by you for the equipment under such contract.
    4. We are not responsible to you for loss and damage caused by a stockist. We will not be liable for any loss or damage suffered by you as a result of any non-compliance by a Stockist or breach of contract by, or negligence on the part of, any Stockist or their employees, agents or subcontractors in connection with the hire of any equipment or the performance of, or failure to perform, any Hire Contract. If you incur any loss or damage as a result of, or in connection with, a Hire Contract, you should contact with the Stockist directly.
  13. How we may use your personal information How we will use your personal information. We will only use your personal information as set out in our privacy policy.
  14. Other important terms
    1. We may transfer the operation of the App to someone else. We may transfer our rights and obligations under these terms to another organisation. We will let you know if we plan to do this. If you are unhappy with the transfer, you may always stop using the App.
    2. You may not transfer your rights to someone else. You may not transfer your registration in relation to the App to another person.
    3. Nobody else has any rights under these terms. This contract evidenced by these terms is between you and us. No other person shall have any rights to enforce any of its terms
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the sections in these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
    5. Even if we delay in enforcing our rights, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you where we have the right to do so, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    6. Which laws apply to these terms and where you may bring legal proceedings if you are a consumer? These terms are governed by English law and you can bring legal proceedings in respect of these terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these terms in either the Northern Irish or the English courts.
    7. Which laws apply to these terms and where you may bring legal proceedings if you are a business customer. If you are a business, any dispute or claim arising out of or in connection with these terms or any contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by English law and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.