1. In this contract the following words and phrases shall mean:
As determined by the place of performance of the contract, either:
A) in England, Wales, Scotland or Northern Ireland: HEIGHT FOR HIRE LIMITED With its registered address at Unit 8, Kennedy Road, Chaddock Lane, Astley, Manchester M29 7JY.
HEIGHT FOR HIRE LIMITED With its registered address at Ashbourne Business Centre, Ballybin Road, Ashbourne, Co. Meath.
the individual, business firm, company, partnership, authority, or an organisation hiring the Equipment from Us.
You and Us.
means an Order accepted by Us in accordance with B.2 and these terms and conditions together comprising the agreement between You & Us.
2.Unless the context requires a different interpretation, the following rules should be used to interpret this Agreement:
(i) any reference to a provision of a statute includes references to that provision as amended, extended or applied by any other provision regardless of whether the other provision became law before or after the Starting Date;
(ii) words used in the singular should be interpreted to include the plural and vice versa;
(iii) a reference to a person includes individuals and bodies corporate, partnerships, unincorporated associations and other bodies (in each case, wherever resident and for whatever purpose) and vice versa;
(iv) the word “party” means a party to this Agreement that are You or Us, the word “parties” means both You and Us, or in each case our respective permitted successors and assignees. The phrase “third party” means a person other than You or Us;
(v) the word “including” means “including but not only”;
(vi) a reference to a “Clause” is to the relevant clause of these terms and conditions; and
(vii) the headings in this Agreement do not affect the meaning of the Clauses.
1. The Equipment is hired to You on and subject to the terms of this Contract.
2. The Contract starts and is formed from the time You place an Order with Us and We have accepted that Order by any of
(i) counter-signature thereof, or
(ii) other formal written notification/confirmation of acceptance of Order by Us, or
(iii) delivery of the Equipment to You whichever is the sooner (the“Starting Date”).
4. Unless otherwise agreed in writing by Us, the Contract continues for the term set out in the Contract (the “Hire Period”) unless terminated earlier in accordance with Clause K below.
5. These terms and conditions apply to all quotations and offers, acknowledgements, confirmations and
Orders between us in relation to equipment. To the extent that these terms and conditions conflict with or are different from any terms and conditions contained in any Order, any terms that You may put forward at any time, or other document these terms and conditions will control and take precedence and any additional or inconsistent terms (except the Hire Details) are rejected by and are not agreed by both parties unless the other party’s acceptance thereof is in writing in accordance with Clause B6 below and specifically refers to each such additional or conflicting term. In general, Our employees that you will be dealing with on a day to day basis do not have authority to negotiate terms.
6. This Contract sets forth the entire agreement between the parties and may be changed or modified only by written agreement signed by both parties. For the avoidance of doubt this Agreement supersedes any prior agreement between the parties whether written or oral and any such prior agreements are cancelled as at the date of this Agreement.