Conditions of Hire

All Equipment is hired out in accordance with and subject to:

(a) The Hire Contract Form, provided with every hire order (not shown on this page)
(b) These Ground-Guards Key Conditions of Hire (“Key Conditions”); and
(c) The Ground-Guards Standard Conditions of Hire (‘Conditions’),

which shall not be overridden by any terms and conditions of the Hirer. If there is any conflict or ambiguity between the terms of the documents listed above, a term contained in a document higher in the list has priority over one contained in a document lower in the list.. Defined terms used below shall have the same meaning given in the Conditions unless otherwise stated.

1. All Equipment including mats must be returned in good condition and ready for removal or collection at the end of the hire. Any waiting or failed collection attempt due to mats not being ready for removal or collection is chargeable as set out in the table below.

2. It is the Hirer’s responsibility to assess the load-bearing capacity of the ground, and to only operate vehicles within the weight that the ground is capable of safely supporting.

3. The Hirer acknowledges that Ground-Guards Ltd shall not be responsible and accepts no liability whatsoever, whether direct or consequential, for any:

3.1. damage or loss arising from the use of the Equipment for any use or purpose for which it is not intended or designed; and

3.2. loss of or damage arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Hirer or its officers, employees, agents, representatives or contractors.

4. Ground-Guards trackway mats are not suitable to use for bridging purposes.

5. Ground protection Equipment is hired on the basis of the customer’s stated requirements. If the weather is worse than anticipated, or if traffic is heavier than the ground proves capable of supporting, additional ground protection may be required which will be charged at extra cost.

6. The Hirer is responsible to regularly inspect any mats supplied as part of the Equipment to make sure they are kept firmly secured, clean, and free from any contamination or damage. If mats are to be relocated once on site, they must always be moved on Ground-Guards pallets and secured to the pallet using Ground-Guards ratchet straps.

7. All damage or loss will be charged to the Hirer (except fair wear and tear). Damage includes excessive bending, tread wear, or mechanical damage. Steel tracked plant must not be used on the trackway at any time, and any mats that are damaged in this way or by bucket cuts or scrapes will be charged at the full replacement cost.

8. Any damage or loss must be immediately reported to Ground-Guards Ltd. Continued operation of Equipment in a damaged state may render the Hirer liable for additional charges due to subsequent damage.

9. Equipment is hired out on a weekly basis with no allowances for low site utilisation or public holiday periods. One week shall consist of 7 days. Minimum Hire Period is one week. Should the hire run over the initial weekly term, additional week(s) hire will become chargeable. No allowance is made for individual day(s) hire without prior agreement.

10. It is the Hirer’s responsibility to insure and take responsibility for the safe keeping of Equipment whilst on site, until collected by Ground-Guards Ltd’ authorised transport company in accordance with clause 10 of the Ground-Guards Standard Terms of Hire.

11. Commencement and termination of hire dates are as stated on the Hire Contract Form. If the hire is terminated early by the Hirer then the full initial agreed Hire Payments for the Hire Period will be charged for and additional cancellation charges may apply as set out below. In all cases, it is the Hirer’s responsibility to contact Ground-Guards Ltd in writing to confirm termination.

12. When hire is terminated, an off hire number will be issued. Mats will remain on hire, and will be charged for if an off-hire number has not been acquired. This must be recorded in order to confirm the off hire date.

Additional charges

13. Additional charges according to the table below will be implemented, including if:
(i) delivery and/or installation is delayed due to Hirer’s fault; or
(ii) Hirer cancels the Equipment hire. Additional cleaning in addition to the quoted cleaning fee and/or full replacement fees for damaged Equipment may be charged, including, where concrete has become hardened onto mats.

1. In these Conditions:

• Equipment means the items of equipment listed in the Hire Contract Form and all substitutions, replacements or renewals of such equipment and all related accessories, manuals and instructions provided for it.
• Hire Contract means the agreement entered into between Ground-Guards Ltd and the Hirer for the hire of the Equipment, formed of these Conditions, the Key Conditions and the Hire Contract Form.
• Hire Payments means the payments to be made by the Hirer for the hire of the Equipment, calculated in accordance with the rates set out in the Hire Contract Form.
• Hire Period means the period set out in the Hire Contract Form, unless terminated earlier in accordance with these Conditions or Key Conditions, or otherwise extended by mutual written agreement of the parties.
• Hirer means the entity named in the Hire Contract Form.
• Key Conditions means the Ground-Guards Key Conditions of Hire attached to the Hire Contract Form.
• Site means the delivery address set out in the Hire Contract Form where Equipment is to be delivered and, if applicable, installed.

1.1.     Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words
preceding those terms.

1.2.     A reference to writing or written includes email but excludes fax.

2. Delivery shall be made by Ground-Guards Ltd. Ground-Guards Ltd shall use all reasonable endeavours to effect delivery by the on hire date in the Hire Contract Form however time shall not be of the essence.
3. If the Hirer fails to accept delivery of the Equipment when Ground-Guards Ltd tenders delivery, or fails to allow Ground-Guards Ltd or its representatives access to the Site to install the Equipment (if applicable), then, except where such failure is caused by Ground-Guards Ltd’s failure to comply with its obligations under the Hire Contract and without limiting any other remedies Ground-Guards Ltd may have:
3.1. the Equipment shall be deemed to have been delivered at 9.00 am on the date Ground-Guards Ltd tendered delivery;
3.2. Ground-Guards Ltd shall store the Equipment until the Hirer takes possession of the Equipment, and charge the Hirer for all related costs and expenses of such storage (including insurance); and
3.3. Ground-Guards Ltd shall be entitled to charge the Hirer for any costs and expenses incurred by Ground-Guards Ltd as a result of having to cancel and rearrange the installation of the Equipment including as set out in the Key Conditions.
4. Where Ground-Guards Ltd is providing installation services, Hirer shall provide adequate welfare facilities on the Site and ensure that it has approved Ground-Guards Ltd’s documentation, including any risk assessment and method statements supplied by Ground-Guards Ltd prior to the on hire date set out in the Hire Contract Form.
5. If the Hirer fails to provide a safe environment at the Site to allow Ground-Guards Ltd to carry out the installation of Equipment, Ground-Guards Ltd shall be entitled to remove its personnel from Site and charge the Hirer for any costs and expenses incurred as a result of having to rearrange the installation of Equipment once the Site is made safe, including as set out in the Key Conditions.
6. All installation services performed by Ground-Guards Ltd and its representatives shall be carried out using reasonable skill and care. In the event that any installation services are not performed to this standard, Ground-Guards Ltd shall, as the Hirer’s sole and exclusive remedy, re-perform the installation services at Ground-Guards Ltd own cost, provided any issues of the installation services are notified to Ground-Guards Ltd within three (3) days from completion of the original installation services.
7. Ground-Guards Ltd shall not, other than in the exercise of its rights under the Hire Contract or applicable law, interfere with the Hirer’s quiet possession of the Equipment.

8. The Equipment shall at all times remain the property of Ground-Guards Ltd, and the Hirer shall have no right, title or interest in or to the Equipment, save the right to possession and use of the Equipment subject to the terms and conditions of the Hire Contract.
9. The risk of loss, theft, damage or destruction of the Equipment shall pass to the Hirer on delivery. The Equipment shall remain at the sole risk of the Hirer during the Hire Period and any further term during which the Equipment is in the possession, custody or control of the Hirer (Risk Period) until such time as Ground-Guards Ltd retakes possession of the Equipment.
10. Immediately prior to and throughout the Hire Period and the Risk Period, the Hirer shall, at its own expense, obtain and maintain:
10.1. insurance of the Equipment to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as Ground-Guards Ltd may require from time to time; and
10.2. insurance for such amounts as a prudent owner or user of the Equipment would insure for, or such amount as Ground-Guards Ltd may from time to time reasonably require, to cover any third party or public liability risks of whatever nature and however arising in connection with the Equipment.
11. If the Hirer fails to effect or maintain any of the insurances required by Ground-Guards Ltd under the Hire Contract, Ground-Guards Ltd shall be entitled to either: (i) terminate the Hire Contract without notice and with immediate effect and, if delivery has already occurred, enter the Site to recover the Equipment; or (ii) effect and maintain the same, pay such premiums as may be necessary for that purpose and recover the same as a debt due from the Hirer.
12. The Hirer shall prior to commencement of the Hire Period and at any time thereafter on demand supply Ground-Guards Ltd with copies of the insurance policy certificates and details of the cover provided and proof of premium payment to confirm the insurance arrangements the Hirer has put in place.

13. The Hirer shall:
13.1. ensure that the Equipment is used in a suitable environment and only for the purposes for which it is designed;
13.2. keep the Equipment in good condition and substantial repair (fair wear and tear excepted), and make good any damage to the Equipment (unless damage cannot be made good, in which case Hirer will be charged, including in accordance with clause 7 of the Key Conditions;
13.3. not make any alterations to the Equipment;
13.4. keep the Equipment at all times at the Site and not transport or move the Equipment from the Site or outside of the UK at any time;
13.5. permit Ground-Guards Ltd or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
13.6. not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of Ground-Guards Ltd in the Equipment; and
13.7. not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process.

14. The Hirer shall pay the Hire Payments to Ground-Guards Ltd. The Hire Payments shall be made in cleared funds to the bank account nominated by Ground-Guards Ltd.
15. The Hire Payments are exclusive of VAT and any other applicable taxes and duties or similar charges which, unless specified by applicable law, shall be payable by the Hirer to Ground-Guards Ltd at the rate and in the manner from time to time prescribed by law. Notwithstanding the foregoing, where the hire of the Equipment is a supply subject to the domestic reverse charge mechanism under the Value Added Tax Act 1994 (as applicable to supplies within the construction industry) and the Hirer has notified Ground-Guards Ltd of such application, Ground-Guards Ltd shall issue a VAT invoice stating that the domestic reverse charge applies, and the Hirer shall account for the VAT due directly to HM Revenue & Customs. In such circumstances, no VAT shall be payable to Ground-Guards Ltd in addition to the charges.
16. All amounts due under the Hire Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
17. If the Hirer fails to make a payment due to Ground-Guards Ltd under the Hire Contract Form by the due date, then, without limiting Ground-Guards Ltd’s remedies, the Hirer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment, at the statutory rate applicable under the Late Payment of Commercial Debts (Interest) Act 1998, together with any fixed sums and recovery costs to which Ground-Guards Ltd is entitled under that Act.

18. Subject to clause 19, Ground-Guards Ltd warrants that the Equipment shall substantially conform to its specification (as made available by Ground-Guards Ltd). Ground-Guards Ltd shall use all reasonable endeavours to remedy, free of charge, any material defect in the Equipment which manifests itself within three (3) days from delivery, provided that:
18.1. the Hirer notifies Ground-Guards Ltd of any defect in writing immediately on becoming aware of the defect;
18.2. Ground-Guards Ltd is permitted to make a full examination of the alleged defect;
18.3. the defect was not caused, in whole or in part, by misuse, neglect, mishandling or unauthorised alteration, repair or manipulation; and
18.4. the defect is directly attributable to defective material or workmanship.
19. Insofar as the Equipment comprises or contains equipment or components which were not manufactured or produced by Ground-Guards Ltd, the Hirer shall be entitled only to such warranty as Ground-Guards Ltd has received from the manufacturer.
20. If Ground-Guards Ltd is unable to remedy any material defect in Equipment or replace the defective Equipment in accordance with clauses 18 or 19, Ground-Guards Ltd shall, at the Hirer’s request and as its sole and exclusive remedy, accept the return of the defective Equipment and make an appropriate reduction to the Hire Payments payable in relation to such defective Equipment only for the remainder of the Hire Period.

21. Nothing in the Hire Contract limits or excludes any liability that cannot be legally limited or excluded, including:
21.1. liability for death or personal injury caused by negligence; or
21.2. liability for fraud or fraudulent misrepresentation.
22. Subject to clause 21, Ground-Guards Ltd.’s total liability arising under or in connection with the Hire Contract including liability in contract, tort (including negligence), misrepresentation or otherwise shall not exceed all sums payable by the Hirer under the Hire Contract.
23. Subject to clause 21, Ground-Guards Ltd shall have no liability for: (a) loss of profits (including loss of anticipated savings); (b) loss of sales or business; (c) loss of agreements or contracts; (d) loss of use or corruption of software, data or information; (e) loss of or damage to goodwill; or (f) indirect or consequential loss, howsoever arising.
24. Subject to clause 21, all implied terms, warranties and conditions as to the quality or performance of the Equipment and any other goods or services (including installation services) provided under the Hire Contract are, to the fullest extent permitted by law, excluded from the Hire Contract.

25. Without affecting any other right or remedy available to it, Ground-Guards Ltd may terminate the Hire Contract:
25.1. at any time by giving the Hirer not less than 7 days’ prior written notice;
25.2. with immediate effect by giving written notice to the Hirer if:
25.2.1. the Hirer defaults in the payment of any sums due under the Hire Contract:
25.2.2. the Hirer fails to observe and perform any terms of the Hire Contract:
25.2.3. the Hirer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets, becoming bankrupt or ceasing to carry on business;
25.2.4. the Hirer does or causes to be done or permits or suffers any act or thing whereby Ground-Guards Ltd’s rights in the Equipment may be prejudiced; or
25.2.5. the Hirer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Hire Contract is in jeopardy.
26. If the Hire Contract is terminated, it shall be lawful for Ground-Guards Ltd or its authorised representatives without notice and at the Hirer’s expense to re-take possession of the Equipment and, for that purpose, to enter into or upon the Site or any premises where the Equipment may be for which purpose the Hirer grants Ground-Guards Ltd specific licence (or shall procure the same from the site owner).
27. The termination of the Hire Contract shall not affect the right of Ground-Guards Ltd to recover from the Hirer any moneys due under the Hire Contract or damages for breach of the Hire Contract.
28. On termination of the Hire Contract, the Hirer shall pay to Ground-Guards Ltd immediately on demand all Hire Payments and other sums due but unpaid at the date of termination together with any costs and expenses incurred by Ground-Guards Ltd in recovering the Equipment or in collecting any sums due under the Hire Contract (including any storage, insurance, repair, replacement, transport or legal costs).
29. In the event the Hirer has paid any sums in advance which, following termination under clause 25.1 only, would result in an overpayment, Ground-Guards Ltd shall reimburse the Hirer on a pro rata basis in relation to the remaining unused Hire Period, less any costs and expenses of recovery of Equipment or collecting sums due.
30. Any provision of these Conditions that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Hire Contract shall remain in full force and effect.
31. Termination or expiry of the Hire Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Hire Contract which existed at or before the date of termination or expiry.

32. Both parties will comply with all applicable requirements of the Data Protection Legislation.

33. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or if by email to Ground-Guards Ltd to the address info@ground-guards.co.uk or to the Hirer at the email address set out in the Hire Contract Form or such other email addresses as the parties may notify from time to time. Notices shall be deemed to be received on delivery for service by hand or courier, two working days after posting for pre-paid first class or on transmission on the working day sent by email.
34. Any reference to any legislation in these Conditions is to it as amended or replaced from time to time (and shall be deemed to include all subordinate legislation made under it).
35. No waiver by Ground-Guards Ltd of any breach of the Hire Contract by the Hirer shall be considered as a waiver of any subsequent breach of the same or any other provision.
36. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
37. No forbearance, indulgence or relaxation on the part of Ground-Guards Ltd shown or granted to the Hirer in respect of any of the provisions of these Conditions will in any way affect, diminish, restrict or prejudice the rights or powers of Ground-Guards Ltd or operate or be deemed to be a waiver or any breach by Ground-Guards Ltd of the terms and conditions of the Hire Contract.
38. The Hire Contract between Ground-Guards Ltd and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
39. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Hire Contract or its subject matter or formation.
40. The Conditions shall be interpreted without reference to their headings.
41. Ground-Guards Ltd will not be liable to the Hirer or be deemed to be in breach of the Hire Contract by reason of any delay in performing or any failure to perform, any of Ground-Guards Ltd’s obligations if the delay or failure was due to any cause beyond Ground-Guards Ltd’s reasonable control. Without limiting the foregoing, the following will be regarded as examples of causes beyond Ground-Guards Ltd’s reasonable control:
41.1. act of God, explosion, flood, tempest, fire or accident;
41.2. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
41.3. Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of governmental, parliamentary or local authority;
41.4. import or export regulations or embargoes;
41.5. strikes, lock outs or other industrial action or trade disputes (whether involving employees of Ground-Guards Ltd or of a third party);
41.6. difficulties of obtaining raw materials, labour, fuel, parts or machinery;
41.7. pandemics and epidemics; and
41.8. power failure or breakdown in machinery.
42. The Hire Contract is personal to the Hirer and the Hirer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Hire Contract, including not to re-hire or re-let any Equipment, without the prior written consent of Ground-Guards Ltd.
43. Ground-Guards Ltd may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Hire Contract.
44. No variation of the Hire Contract shall be effective unless it is in writing and signed by authorised representatives of the parties.
45. Nothing in the Hire Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
46. This Hire Contract constitutes the entire agreement between the parties. Each party acknowledges that in entering into the Hire Contract it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Hire Contract. Each party agrees that it has no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Hire Contract.

47. Any liability for ensuring compliance with any requirement, statutory or otherwise, concerning health, safety or welfare or any other matter which may relate to or affect the use of the Equipment by the Hirer, or to ensure the safety of Ground-Guards Ltd’s employees, representatives and agents whilst carrying out any services on any premises including the Site, rests exclusively on the Hirer. The Hirer shall indemnify and hold harmless Ground-Guards Ltd in full and on demand against any and all costs, claims, demands, liabilities, damages, losses or expenses suffered or incurred by Ground-Guards Ltd as a result of any third party claim against Ground-Guards Ltd resulting from or by reference to the Equipment or their use during or after the Hire Period or in relation to the services performed by Ground-Guards Ltd at the Site or other premises agreed under the Hire Contract.