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The following definitions and rules of interpretation shall apply in these Conditions.
"Conditions": the standard terms and conditions set out in this document including any special terms agreed in writing between us and you.
"Consumer": an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession.
"Contract": the contract concluded between us and you for the hire of the Equipment in accordance with these Conditions.
"Equipment": the mobile toilets (including all fixtures and fittings contained therein and any other equipment) details of which are set out in the Hire Contract or otherwise confirmed in writing to be hired by you for the Hire Period.
"Hire Charges": the charges for the hire of the Equipment during the Hire Period as set out in any quotation, price list, or otherwise confirmed in writing by us (including any additional transportation or other charges) excluding VAT.
"Hire Period": the period of hire of the Equipment as set out in the Hire Contract or otherwise confirmed in writing by us.
"Minimum Hire Period": the minimum period for which the Hire Charges shall be payable as set out in the Hire Contract.
"Site": the place for the delivery and use of the Equipment as set out in any Hire Contract or otherwise confirmed in writing by us.
"We" / "us" / "our": Chelford Mobile Services Ltd.
"You" / "your": the person or party who agrees to hire the Equipment.
2.1 We will let and you will hire the Equipment for the Hire Period and any extensions agreed in writing subject to these Conditions which will govern the Contract to the exclusion of any other terms and conditions.
2.2 No variation to these Conditions shall be binding unless agreed in writing.
2.5 Any quotation given by us may be withdrawn at any time and in any event shall be subject to availability of the Equipment.
2.6 You acknowledge that it is not intended that the Contract will be subject to the Consumer Credit Act 1974. If you are a Consumer the Hire Period shall not in any event exceed 3 months.
3.1 The Order constitutes an offer by you to hire the Equipment in accordance with these Conditions.
3.2 No Order shall be deemed to be accepted by us until we issue a Hire Contract or we deliver the Equipment (whichever is the earlier).
3.3 Either party shall be entitled to terminate the Hire Period by notifying the other by telephone by no later than 16.00 on a Working Day.
3.7 If you are a Consumer you have a legal right to cancel the Contract within 14 days and receive a refund of any Hire Charges.
4.1 You shall ensure that the conditions at the Site are suitable for the Equipment, including level standing with sufficient solid ground, suitable access between 07.30-16.30, vehicle access within 15 metres, and street level positioning.
4.3 You shall not smoke inside the Equipment, use it for storage, or use it for any purposes other than the provision of toilet facilities.
4.5 The Hire Charges are based on a maximum time for delivery, servicing and collection of 15 minutes per unit. Additional time will be charged at £60 per hour plus VAT.
5.1 You shall be responsible for and hereby indemnify us against any damage sustained to the Equipment during the Hire Period and until the Equipment has been collected by us.
6.4 You shall pay the Hire Charges and VAT within 28 days of the date of our invoice unless otherwise agreed in writing.
6.8 If you fail to make payment on the Due Date we shall be entitled to cancel the Contract, charge interest at 4% per year above the Bank of England's base rate, and demand immediate payment of all sums due.
7.1 We warrant that the Equipment shall be delivered to you in good condition.
7.3 Nothing in the Contract shall limit or exclude our liability for death or personal injury caused by our negligence, fraud, or any other liability which cannot be lawfully excluded.
8.1 We shall be entitled to cancel the Contract if you become bankrupt, go into liquidation, cease to carry on business, or breach any of the Conditions.
Neither party shall be liable for any default due to any act of God, strike, lock-out, industrial action, fire, flood, drought, tempest or any other event beyond the reasonable control of either party.
If you have any general queries about the Contract or the Equipment you can contact us at any time during standard office hours using our office number 07534 362251 or via email info@chelfordmobileservices.co.uk. All calls made or received are recorded for training and administrative purposes.
11.5 If you are a Consumer your statutory rights are unaffected by these Conditions.
11.8 The Contract shall be governed by the Laws of England and subject to the jurisdiction of the English Courts.