Container Hire Agreement
TERMS & CONDITIONS OF HIRE CONTRACT
1. In these terms and conditions, the following words have the following meanings:
Any additions hired by The Hirer specified in this Agreement (e.g. Locks and Keys)
These Contractual terms and conditions of hire including all the information set out in this agreement.
Employees, Directors and Partners of Deeping Direct Limited and/or anyone working on behalf of Deeping Direct Limited
Commencement of hire date
The date of hire specified in the overleaf
From the date of hire specified in the Agreement and the corresponding date in each period specified in the Agreement or the previous business day if the due date falls on a Saturday, Sunday, or public holiday
Anything you store in the unit at any time during the agreement
Heavy Goods Vehicle
Lorry or truck with a gross combination mass (GCM) of over 3,500 kilograms (7,716 lb)
The customer or company named in the Agreement
A clear, unobstructed access for a Heavy Goods Vehicle to and including the loading and collecting area with a fully concrete, tarmacked, or solid ground throughout. The loading or collecting area must have room to deploy both crane legs fully and open up the crane, with no overhead cables, lines or structure in proximity.
The amount specified in the Agreement (which does not include insurance)
The premises on which the Unit or Container is or will be situated
Termination of Hire
The date in which the Container or Unit is off hire
Unit or Container
The storage unit or container specified in the Agreement or any alternative storage unit we may specify
We, us, our
Relevant Container Hire Company e.g. Deeping Direct Limited
The customer and/or Company named in the Agreement
2.1 The responsibility of the Unit/s by The Hirer commences as from the Commencement of hire date.
2.2 The Hirer agrees to accept full responsibility for any loss or damage to the above-mentioned Unit/s, Additions and subsequent Unit/s set out in 12.1 whilst on hire. If the Unit/s and/or Additions suffer any damage, however occurring or if the Unit/s and/or Additions are lost or stolen during the hire period, Deeping Direct Limited shall be entitled to recover from The Hirer the costs of repair or replacement of the Unit/s and/or Additions as a liquidated debt. The Hirer shall undertake regular inspections of the Unit/s and/or Additions and shall immediately notify Deeping Direct Limited should there be any loss or damage to the Unit/s and/or Additions during the period of the hire.
2.3 The Hirer agrees that they will not move or cause to be moved the above-mentioned Unit/s from the place at which it was delivered without first obtaining the written permission of Deeping Direct Limited. Relocations are to be carried out by Deeping Direct Limited only.
3. TERMINATION OF AGREEMENT
3.1 Either Deeping Direct Limited, or The Hirer may terminate this contract as follows:
i. By giving at least 14 days’ written notice to the other, ending on any due date and termination will take effect from that due date, which shall be the Termination of Hire date subject to clause 3.3; or
ii. If Deeping Direct Limited commit a breach of this Agreement, which Deeping Direct Limited do not put right within 14 days of The Hirer notifying Deeping Direct Limited of it then The Hirer may immediately terminate this contract.
iii. If The Hirer breaches this Agreement and does not put that breach right within 14 days of Deeping Direct Limited notifying The Hirer of it then Deeping Direct Limited may immediately terminate this contract.
3.2 Upon notification of a Termination of Hire, from Deeping Direct Limited or requested by The Hirer, The Hirer shall forthwith remove all Goods from the Unit/s and ensure the Unit/s are clean and empty and that all Additions are stored with the Unit/s. Should The Hirer fail to do so, The Hirer hereby appoints Deeping Direct Limited or their Agents to do so.
3.3 Upon notification of a Termination of Hire, from Deeping Direct Limited or requested by The Hirer, The Hirer agrees to ensure Deeping Direct Limited or their Agents have Reasonable Access for a Heavy Goods Vehicle intended for the purpose of loading the Unit/s referred to in this Agreement. As a result of The Hirer not providing Reasonable Access to the Unit/s or due to wet weather and the access not being sealed, The Hirer shall reimburse Deeping Direct Limited for any additional expenses (e.g. Crane Hire, Fuel Costs, additional hire) incurred due to the unsuccessful pick-up of the Unit/s. An additional collection fee will be charged should the Unit/s not be available for collection on the arranged date.
3.4 Termination of Hire will commence on the same date Deeping Direct Limited or their Agents successfully collect the Unit from the specified Site.
4. FAILURE TO PAY
4.1 The Hirer hereby irrevocably authorises Deeping Direct Limited to enter upon the Site occupied by The Hirer OR wherever notified by The Hirer that the Unit/s are stored, for the purpose of removal of the Unit/s leased to The Hirer empty or loaded. Deeping Direct Limited accepts no liability for any damage to the Unit/s or to Goods in loaded Unit/s in so doing should the following occur: -
i. The Hirer defaults in payment of any sum that becomes due and owing to Deeping Direct Limited, with payments to be no later than 28 days after invoice billing.
ii. If any sum payable under the Agreement is still outstanding 14 days after the service of written notice from us requiring The Hirer to pay all outstanding amounts in full.
iii. Should any circumstances arrive whereby Deeping Direct Limited’s interest in the Unit/s may be jeopardized.
iv. Should authorities (i.e. Council, landlord) request the Unit/s to be removed from property.
4.2 The Hirer hereby authorises Deeping Direct Limited at its option to remove any Goods from the Unit/s and place such Goods at the Site from which the Unit/s is collected by Deeping Direct Limited or any other Site apparently occupied by The Hirer or to sell such Goods and apply the proceeds to the payment of any Fees due by The Hirer to Deeping Direct Limited. Deeping Direct Limited shall be entitled to retain any surplus proceeds of such sale absolutely. The Hirer warrants that only Goods owned by The Hirer will be stored in the Unit/s hired.
4.3 The Hirer hereby indemnifies Deeping Direct Limited in respect of all claims or costs which may be made by any third party arising out of any action taken by Deeping Direct Limited and their Agents.
Insurance of the Goods stored the Unit/s are the responsibility of The Hirer. Deeping Direct Limited shall not be responsible, whether in negligence or otherwise, for loss or damage or deterioration of any Goods stored in the Unit/s, howsoever caused.
6. PAYMENT TERMS
6.1 We may alter Our Fees at any time by giving The Hirer at least 28 days’ written notice and the new Fees shall take effect on the first due date after this 28-day notice period. The Hirer may terminate this Agreement at any time before the new Fees take effect.
6.2 Payment/s should be paid within 28 days of each invoice and can be paid either by standing order, cash payment, cheque or debit/credit card. An overdue account fee of 15% of the total outstanding monies may be incurred for late payments over 28 days.
6.4 The Hirer must call Deeping Direct Limited requesting a Termination of Hire on the Unit/s at least 14 days before the requested Termination of Hire date. The Hirer will pay rent up until the Termination of Hire date set out in 3.4.
6.5 The Hirer must call Deeping Direct Limited immediately to advise if in extreme financial difficulty to organize a payment plan.
7. REPLACEMENT COSTS
7.1 Replacement costs of an 8-foot/10-foot Container is approximately £1,800 plus VAT; a 20-foot Container is approximately £2,000 plus VAT and a 40-foot Container is approximately £3300 plus VAT.
7.2 Replacement costs of a Lock and 2 Keys are approximately £50.00 plus VAT
8. COLLECTION FEE
8.1 £80 minimum fee plus VAT, Collection and Delivery costs vary depending on Collection and Delivery location. Collection costs mostly equate the same as Delivery costs. Delivery and Collection costs can be changed by Deeping Direct Limited without written consent. That being said, Deeping Direct Limited will endeavour to honour costs of Collection based on The Hirers Delivery Costs.
9. AGREEMENT GENERAL TERMS
9.1 If any part of this Agreement is found to be void or unenforceable then that part of the agreement shall be removed, but the remainder of this agreement will continue to apply.
9.2 This Agreement is personal to You. You may not transfer this Agreement, to any other person, firm or company and a breach of this condition is a serious breach under Condition 3.1 iii.
9.3 No one other than You, or us will have any rights under this Agreement.
9.4 Any dispute or claim that either The Hirer or Deeping Direct Limited bring will be decided on the basis of the Laws of England and Wales by the Courts of England and Wales alone unless You request that your local United Kingdom jurisdiction or law should apply (in which case that other relevant United Kingdom jurisdiction and/or law shall apply).
9.5 We will contact You at the postal address You have given in the Agreement unless You let us know in writing of a different address, if you need to contact us, please contact us at the address set out in 11.1 and 11.2.
10. DATA PROTECTION
11. OUR DETAILS
11.1 Our Office and Principal place of business is at: Deeping Direct Limited, 51 Towngate East, Market Deeping, Peterborough, Lincolnshire, England, PE6 8LQ.
11.2 You can contact us:
i. by post, using the postal address given above;
ii. using our website contact form;
iii. by telephone, on 01778 343437;
iv. by fax, on 01778 380216; or
iv. by email, our email address is: firstname.lastname@example.org.
12. MODIFICATIONS TO THIS AGREEMENT
12.1 Whereby additional Unit/s and Additions are hired by the Hirer, the Hirer, upon signing this Agreement agrees that we may amend or modify this Agreement after initial signing to include these additional Unit/s and Additions.
12.2 If there are changes in your details, you need to inform Deeping Direct Limited of the changes in writing. You can contact us at the address or email set out in 11.1 and 11.2. Upon signing this Agreement you, The Hirer, agree that we may amend or modify this Agreement after initial signing to incorporate these changes.
13.1 By signing this contract, The Hirer signifies their acceptance of this Agreement. Failure to sign The Agreement deems Deeping Direct Limited to enforce the above terms at its own discretion.