essexhiresaleltd@aol.com 

PLEASE CALL BEFORE COMING TO COLLECT 

OR FOR NEXT DAY DELIVERY 

CAN BE COLLECTED AT OUR PREMISES AT:

ESSEX HIRE AND SALES LTD

245 ONGAR RD, BRENTWOOD, ESSEX. CM15 9DZ

OR

POSSIBLE DELIVERY BY COURIER

 (PLEASE CALL BEFOREHAND TO ENSURE WE COVER YOUR AREA. IN SOME CASES A FREIGHT CHARGE WILL BE NECCESSARY)

Shipping and Delivery rates are specified for certain areas of the UK only. We use Parcel Monkey and will charge what they charge us to remote areas, islands etc. Please check with us before ordering. Again, If you require overseas postage, please contact us befire purchasing . Goods will be dispatched the day after payment has cleared. 

        All other areas except those listed below can incur a further EXCESS OF up to £12.00.... 

PLEASE CALL BEFOREHAND

OPEN 7.30AM TILL 5.00PM Mon - Fri

and 8.00am - 12.00pm Sat

CASH, CREDIT/DEBIT CARD OR PAYPAL ONLY

Essex Hire and Sales Ltd will supply/forward a VAT on request

T&C'S 2021

These Conditions shall apply to any agreement or undertaking made between the Customer and “the Company” for the provision of Equipment and / or any services and “the Company” shall mean the company, being Essex Hire and Sales Ltd which enters into the agreement with the Customer. Definitions used in these Conditions are defined at clause 14.

1                      Basis of this Agreement

1.1                   A Quotation shall be an invitation for the Customer to do business with the Company. When the Customer places or confirms an Order after receiving a Quotation, this will be deemed an offer by the Customer to purchase the Equipment and / or to buy any Services. In consideration of the Customer agreeing to the obligations in these Conditions, the Company may accept the Customer’s offer. 

1.2                   Acceptance by the Company of an Order will be in writing including  delivered by email. On acceptance of an Order, this Agreement shall come into being between the Customer and the Company. These Conditions shall apply to and govern the Agreement to the exclusion of any representation, condition or warranty contained on or in any purchase order, letter, receipt acknowledgement, or other document emanating from the Customer and no variation of these Conditions shall be effective unless expressly agreed by the Company in writing. 

1.3                   The Company will perform its obligations under this Agreement with reasonable skill and care.

1.4                   The Quotation sets out the description of the Equipment and / or Services that the Customer requires under this Agreement. Where the nature and requirements of the Customer for the Equipment or Services change after the provision of the Quotation, the Company may alter the Quotation.  

1.5                   The Company reserves the right to supply Equipment at variance with the specifications in the Quotation if the variations are a necessary or a reasonable improvement or which is required to be made by law and such supply may be made without notice to the Customer. Such improvements or variations shall not affect the validity of this Agreement. 

1.6                   The Company may also revise details of the Agreement when:

(a)                    after acceptance of the Order the Customer provides the Company with information which was not known to the Company at the time of acceptance of the Order; or

(b)                   there was a deficiency or inadequacy in the instructions or information that the Customer supplied to the Company, whether prior to acceptance of the Order or not; or

(c)                    the Customer agrees to the revision, and  

in each case ((a) to (c)) the Company will be required to provide more Labour or utilise other resources than could have reasonably been anticipated at the time of acceptance of the Order.

In the event of a failure to agree such revision, the Company shall be entitled to end this Agreement on the delivery of a notice to that effect and to recover from the Customer the cost of any loss or expenditure already incurred. 

1.7                   The price payable will be the price stated in the Quotation or the price as varied under the provisions of clause 1.6 and the price shall be exclusive of delivery unless expressly stated otherwise upon the Quotation. 

2.                     Cancellation

2.1                   A Customer may only cancel an Order before the Company issues an acceptance of it. Cancellation of an Order must be made in writing. 

2.2                   Any purported cancellation which is made after this Agreement is made, will only be accepted as being a cancellation on payment by the Customer of all costs incurred as a result of any expenditure made in procuring the ordered Equipment, including transportation, storage and insurance costs or incurred in the resale of any Equipment.

3.                     Safe Operation and Storage of the Equipment 

3.1                   Insofar as the Company is under a duty pursuant to Section 6 of the Health & Safety at Work Act 1974 in respect of the design, manufacture and supply of an article for use at work, the Customer shall be deemed to have been afforded by the Company a reasonable opportunity for the testing and examination of the Equipment ordered prior to Delivery in respect of their safety and any risk to health. The Customer shall also be deemed to have been afforded adequate information about the Equipment in respect of the use for which they are designed and have been tested and of any conditions necessary to ensure that when put to use they will be safe and without risk to health whether or not the said information has been requested by the Customer. 

3.2                   The Equipment is sold subject to the condition that the Customer uses and operates the Equipment strictly in accordance with the User Manual. 

3.3                   The Customer now undertakes to inform its employees, servants or agents of the contents of the User Manual before any such person uses or operates the Equipment. 

3.4                   The Customer shall be solely responsible for providing at its own cost:

(a)                    all safety equipment for use in the storage or operation of the Equipment and for fully equipping and locating the Equipment to meet the standards for the time being imposed pursuant to the Health and Safety at Work, etc. Act 1974; and 

(b)                   all appropriate measures to ensure the safe operation and / or storage of the Equipment including measures to ensure the safety of all users of the premises on which the Equipment are present from any injury caused by the presence or operation of the Equipment on those premises. 

3.5                   The Company excludes all liability for loss, damage or injury, howsoever caused, arising because of any breach by the Customer of its responsibility under clause 3.4 above.

4.                                             Delivery 

4.1                   ‘Delivery’ shall take place on the delivery of Equipment to the address provided by the Customer or the time when the Equipment are made available for collection by the Customer from the Company’s address or another agreed address.

4.2                   Unless otherwise agreed, the Company shall notify the Customer of the date upon which Delivery is to take place (“the Delivery Date”). Whether the Equipment is to be collected or delivered will normally be agreed in advance at the Quotation stage.

4.3                   Whilst the Company will use its best endeavours to comply with the agreed Delivery Date, that date shall be regarded as estimated only and no liability shall accrue by reason of any failure to meet the Delivery Date. Time of delivery shall not be of the essence of this Agreement. Late Delivery shall not entitle the Customer to cancel the Order, refuse Delivery or refuse to collect the Equipment or to withhold payment when due and the Company shall not be liable for any loss or damage arising from its failure to make delivery on the Delivery Date.

4.4                   The Customer shall become bound to take Delivery of the Equipment on being notified by the Company that the Equipment are ready for collection.

4.5                   Delivery may be carried out in instalments. If so, the late Delivery of one or more instalment shall not entitle the Customer to reject any other instalment under the Agreement. Where a period is named for Delivery and is not extended by agreement in writing, then the Company reserves the right to require the Customer to take Delivery within that period.

4.6                   In the case of damaged Equipment or shortage of delivery or nonconformity with an Order, Notice must be given by the Customer to a Director of the Company within seven Working Days from date of actual Delivery, specifying in reasonable detail the circumstances giving rise to the claim. 

4.7                   Where a Customer accepts Equipment on delivery without checking them, the Delivery document must be endorsed with the phrase “signed not examined”.  

4.8                   Where the Agreement is for delivery in instalments, defects in quality in any Delivery shall not be a ground for the cancellation of the remainder of the Agreement. 

5.                     Warranties

5.1                   Where the Customer seeks to claim that any Equipment are damaged on delivery or were sold in breach of any warranty, those Equipment must be returned by arrangement to Kentec premises for inspection unless otherwise agreed by the Company. Notification of such damage or alleged breach must be notified to the Company in writing within [7] days of the date of Delivery.

5.2                   Where the Equipment is sold with the benefit of any manufacturer’s warranty, the benefits of such warranty will be passed on to the Customer. Any manufacturer’s warranty will be in addition to and not in substitution for the statutory rights of the Customer.

5.3                   Other than the terms of any manufacturer’s warranty and any non-excludable statutory rights attaching to any Equipment sold, all terms, conditions, warranties, representations or endorsements that are not expressly stated in these Conditions or in the Quotation are excluded from having effect under this Agreement.

5.4                   The Company warrants:

(a)                    that it has the right to sell the Equipment to the Customer;

(b)                   that subject to clauses 1.4 and 1.5 of these Conditions the Equipment sold will correspond with the description in the Quotation but this warranty does not extend to warranting any specific aspect of the performance of the Equipment or fitness for any particular purpose;

(c)                    that the Equipment sold shall be of satisfactory quality;

(d)                   that it will carry out any Labour to a satisfactory standard;

(e)                    that it will comply with its obligations under law to publish and make available to the Customer any updates, amendments or additions to the User Manual.  

5.5                   No Equipment are sold as being fit for any particular use or for use under specific conditions unless the same is clearly stated in the User Manual or agreed by the Company in writing.

6.                     Limitations of and Exclusions from Liability 

6.1                   The Company shall not be liable to the Customer under this Agreement or for breach of any duty known to law for any incidental or consequential loss or damages including loss of profit or loss of chance, howsoever arising. 

6.2                   Any liability of the Company under this Agreement (save as explicitly specified) shall be limited to the cost of repair or rectification or (at the option of the Company) the replacement of any Equipment found to be defective under any warranty referred to in clause 5.

6.3                   Where the Company is liable to the Customer under this Agreement for the sale of any defective Equipment, at no cost to the Customer the Company may at its discretion:

(a)                    repair or arrange the repair of any fault in the Equipment;

(b)                   supply Equipment of a similar capability on a temporary basis whilst repair or replacement of the faulty Equipment is arranged;

(c)                    agree to pay a monetary settlement with the Customer provided always that the Company’s liability shall not exceed the cost of a like for like replacement of the Equipment sold under this Agreement. 

6.4                   The Company EXCLUDES all liability for any loss or damage (whether direct or indirect or consequential including loss of profit, of chance or of any type of consequential loss) arising from or caused by:

(a)                    any defect to the Equipment sold caused by careless or reckless use by the Customer or inappropriate storage;

(b)                   the use of the Equipment sold with any accessories, which were not sold by the Company explicitly for use with that Equipment or which not sold and fitted to the equipment by the Company;

(c)                    the use of the Equipment with accessories or Consumables sold by the Company but which did the Company not fit and any loss or damage arose as a consequence of the accessories being improperly or inappropriately fitted;

(d)                   any malfunction of the Equipment arising from the acts of a party other than the Company.  

6.5                   The Company does not warrant and shall have no liability for: 

(a)                    the operation of Equipment in circumstances where the use of them by the Customer is either contrary to anything contained in the User Manual or which use is in excess of any recommendation in the User Manual;  

(b)                   damage caused by or loss of amenity arising from any servicing or maintenance work carried out to the Equipment not carried out by the Company; or

(c)                    improper use of the Equipment including use in contravention of any manufacturer’s recommendations; or

(d)                   any modifications made to Equipment not carried out by the Company; or

(e)                    the Customer’s negligent act or omission including any failure to carry out servicing (or procure the carrying out of servicing) in accordance with the User Manual; or

(f)                    fair wear and tear.

6.6                   All drawing dimensions and weights provided by the Company are approximate only and the Company does not warrant or represent them to be accurate. 

6.7                   Nothing in this Agreement is intended to operate to exclude the liability of the Company for the causing of any death or personal injury to a person arising as a result of the negligence of the Company, it’s employees or agents. 

7.                     Customer’s responsibility 

7.1                   The Company shall not be liable to the Customer and the Customer shall indemnify the Company from and against all actions, costs, claims and demands of whatever nature made against the Company for any loss and damage including consequential loss or damage caused: 

(a)                    by the failure of the Customer or its employees, servants or agents to observe the User Manual given by the Company or to implement any appropriate safety procedures; 

(b)                   by any use of the Equipment which was contrary to the User Manual or use which was unreasonable for Equipment of that type and description; 

(c)                    by any defect or deficiency in the Equipment which were or should have been apparent on Delivery and where the Customer failed to comply with clause 5.1 hereof and the Equipment have been used after Delivery; 

(d)                   by the failure of the Customer to maintain the Equipment in accordance with the maintenance schedule contained in the User Manual; 

(e)                    by any defect arising from fair wear and tear, wilful damage, abnormal working conditions or alteration, adjustment, adaptation or repair by a party other than the Company. 

7.2                   The Customer warrants to the Company that the Equipment are intended for use by the Customer within the United Kingdom. 

8.                     Risk and Retention of Title

8.1                   The Equipment will be at the risk of the Customer from Delivery. In the event that the Customer is to collect the Equipment, risk shall pass upon collection of the Equipment from the agreed premises, whether collection is by the Customer or by a carrier nominated by the Customer. In the event that the Company is to effect delivery of the Equipment, risk shall pass on delivery of the Equipment to the Customer’s premises or to premises nominated by the Customer for unloading. 

8.2                   If the Customer unreasonably refuses or fails to take Delivery then the Company may treat the Agreement as at an end and resell or re-use the Equipment. Alternatively the Company may render an invoice for the Equipment which, if rendered in such circumstances, shall be due for immediate payment. 

8.3                   Where the Customer unreasonably refuses or fails to take Delivery, the Company may recover its costs incurred in the handling and storage of Equipment which remain uncollected or undelivered as from the invoice date. Such costs shall include any premium in respect of the insurance of such Equipment from the date upon the Customer is notified that the Equipment are ready for delivery.  

                        8.4                   The Customer is responsible for complying with all legal requirements as to the use of the Equipment and for obtaining all certificates, permits or other authorisations necessary for such use. 

8.5                   All Equipment shall remain the Company’s sole and absolute property until payment of all sums due from the Customer under this Agreement or any other arrangement or agreement between the Customer and the Company have been received in full.  

8.6                   Where any amounts due and owing to the Company by the Customer remain unpaid under this or any other Agreement, the Company shall have the right to enter any premises under the Customer’s control at any time to recover any property as may be there and which belongs to the Company. The Customer shall: 

(a)                    ensure that Equipment which are on or at the Customer’s premises or have been delivered elsewhere on the instructions of the Customer are insured against risk or damage or theft and shall if required to do so in writing by the Company prove to the Company that such insurance has been effected; 

(b)                   not remove any nameplates, markings or signs affixed to the Equipment by the manufacturer or by the Company and shall keep the Equipment marked and apart from any other goods so as to distinguish and separate the Equipment from other goods;

  (c)                  retain the Equipment in a fiduciary capacity as bailee for the Company until paid for in full. 

8.7                   The Customer hereby waives any right which it may have against the Company to set off any sums which may be due to it for whatever reason.

9.                     Lien

9.1                   In the event that the Customer fails to make any payment when due under the Agreement or under any other Agreement with the Company, the Company shall be entitled to exercise a lien over any Equipment in its possession or under its control until such time as all outstanding payments have been made.  

9.2                   In the exercise of the lien at 9.1 above, the Company shall be entitled to charge our reasonable costs for handling, storage and retention of any Equipment over which the lien is exercised. 

10.                   Payment Terms

10.1                 Unless otherwise agreed payment shall be due: 

(a)                    prior to delivery in the case of new Equipment;

(b)                   on or before 30 days following the date of invoice in the case of accessories or Labour. 

10.2                 Time for payment shall be of the essence of this Agreement. 

10.3                 All published prices are subject to alteration by the Company without notice and the Agreement price will be that ruling at the date of this Agreement. All prices are exclusive of VAT. 

10.4                 The Company shall be entitled to charge interest on overdue accounts at 8% per annum, interest to accrue on a daily basis. The right of the Company to charge interest on overdue accounts shall be additional to and shall in no way prejudice any other rights available to the Company.

10.5                 If before Delivery is made there arises reasonable grounds for the Company to believe that the Customer will not be able to fulfil its payment obligations, the Company shall have the tight to demand from the Customer security for the payment. From the date of demand for security until the date of satisfactory provision of the same, the Company shall be under no obligation to do any act or thing to implement any part of the Agreement. If security which is acceptable to the Company is not offered within such reasonable period as may be specified by the Company, the Company may terminate the Agreement without further liability on its part but the Customer shall be liable to the Company in respect of any losses (including loss of profits) incurred by the Company as a consequence of such termination. 

11.                   Termination of Agreement 

In the event that: 

(a)                    the Customer commits any breach of these Conditions; or

(b)                   an incumbrancer takes possession or a receiver is appointed over any of the assets of the Customer; or 

(c)                    the Customer makes any voluntary arrangement with its creditors or becomes subject to and administration order; or 

(d)                   the Customer goes into liquidation; or 

(e)                    a winding up petition or bankruptcy petition against the Customer; or 

(f)                    execution is levied against the property or assets of the Customer; or 

(g)                   the Customer apparently becomes insolvent and process is levied upon the property or assets of the Customer; or 

(h)                   anything analogous to the foregoing under the law of any jurisdiction occurs in relation to the Customer, 

then in any such case the Company shall have the right forthwith to terminate any Agreement then subsisting upon written notice of such termination being posted to the Customer’s registered office or (being and individual) his last known address in the United Kingdom and the Agreement shall be deemed to have been determined without prejudice to claim or right the Company may otherwise make or exercise. 

12.                   Force Majeure     

The Company shall not be liable for failing to perform this Agreement whether wholly or in part if the failure is due to national emergency, war, or prohibitive governmental regulations or if any other cause beyond the Company’s reasonable control renders performance of any of the obligations under the Agreement impossible.

13.                   General 

13.1                 This Agreement is made in accordance with them, will be subject to and construed in accordance with English Law and the Customer hereby submits to the non- exclusive jurisdiction of the English Courts. 

13.2                 If any provision or term of this Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. 

13.3                 This Agreement supersedes all prior arrangements and undertakings between the Parties and constitutes the entire agreement between the Parties relating to the subject matter of the Agreement, save that neither Party seeks to exclude liability for fraudulent misrepresentation upon which the other Party can be shown to have relied. No addition to or modification of this Agreement shall be binding upon the Parties unless made by agreement by a duly authorised representative of each of the Parties. 

13.4                 The Agreements (Rights of Third Parties) Act 1999 is expressly excluded from this Agreement.  

13.5                 Any notice required to be given by the Customer in accordance with the Agreement shall be shall be in writing to the Registered Office address. Any notice that required to be given by a party to this Agreement shall, unless otherwise stated, be by post or fax to the address confirmed upon placing the Order.  Email shall not constitute sufficient notice under this Agreement.

14.        Definitions

In this Agreement, the following words shall have the following meanings:

“Agreement”      this contract for sale of Equipment and / or supply of Services made between the Company and the Customer; 

“Conditions”      means these terms and conditions of sale; 

“Consumables”  means all oils, lubricants, fuels, and other like products used in connection with the operation of the equipment;

”Customer”        means the person firm or corporation who is entering into the Agreement with the Company for the sale of Equipment and / or provision of Services; 

“Equipment”      the goods, accessories for the goods and any parts of the goods but not Consumables;

“Labour”            the workmanship supplied by the Company in the course of providing any Services;

“Order”              an offer to purchase Equipment made by the Customer, whether in one or more documents or not;  

“Services”          services as may be described in any Quotation which the Company is to supply; 

“User Manual”    directions, warnings and advice given in any instruction manual supplied with the Equipment and any later updates or amendments thereto including in any safety notices made available by the Company to the Customer and any written advice given to the Customer by the Company; 

“Working Day”   means any day other than Saturday, Sunday or a Public Holiday in England & Wales.

Returns policy

Please note sometimes deliveries/collections will be from our manufacturers/suppliers and therefore we cannot accept damaged goods unless notified immediately. These companies will not make amendments to orders without our authority and will report any suspicions of foul play, fraud or wrongdoing to us before supplying goods. We will notify the police and supply CCTV/voice recordings etc of any attempts to defraud the company.

*all telephone calls are recorded for training purposes