Container Hire Terms & Conditions
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  1. Definitions

    1. In this Contract and these Conditions, the following expressions shall have the following meanings:

      "Commencement Date" means the date of commencement of the Initial Contract Term in accordance with the Commercial Schedule, subject to variation in accordance with the Conditions.

      "Commercial Schedule" means the schedule setting out the principal commercial terms of this Contract to which these Conditions are annexed.

      “Container” means the container specified in the Commercial Schedule and the Specification and any other equipment, installations, and other tangible property which LCS Container Services has agreed to hire to the Hirer in accordance with this Contract.

      “Contract” means this contract between LCS Container Services and the Hirer for the delivery and hire of the Container, comprising the Commercial Schedule, the Conditions, the Specification and any other documentation expressly stated in the Commercial Schedule to form part of this Contract but excluding any other terms and conditions.

      “Contract Term” means the term of hire of the Container, being the Initial Contract Term specified in the Commercial Schedule and any subsequent period during which LCS Container Services continues to hire the Container to the Hirer (if any).

      “Hire Charges” means the monthly hire payments due in advance from the Hirer to LCS Container Services in respect of the hire of the Container, being those payments specified in the Commercial Schedule.

      “Hirer” means the company, firm, person, corporation or public authority which is hiring the Container from LCS Container Services specified in the Commercial Schedule and includes their successors or personal representatives.

      “Initial Contract Term” means the initial term of hire of the Container, being the Initial Contract Term specified in the Commercial Schedule.

      “LCS Container Services” means J.T. Leavesley (Alrewas) sLimited (company number: 00931247) whose registered office is at Ryknield House, Alrewas, Burton On Trent, Staffordshire, DE13 7AB, operating through the LCS Container Services Division.

      “Site” means the site to which the Container is delivered (or to be delivered) on the Hirer’s instructions, being the site specified in the Commercial Schedule.

      “Specification” means the specification of the Container (including drawings, plans, technical and commercial information) comprising Schedule 2 of this Contract.

  2. Agreement for Hire

    1. LCS Container Services and the Hirer agree that LCS Container Services shall hire the Container to the Hirer in accordance with this Contract.

    2. The legal and beneficial ownership of the Container shall at all times remain exclusively with LCS Container Services and the Hirer shall not acquire any rights of ownership therein.

  3. Contract Term

    1. The Initial Contract Term shall commence on the Commencement Date and shall continue until the expiry of the Contract Term, subject to termination in accordance with these Conditions.

  4. Hire Charges

    1. The Hirer agrees to pay the Hire Charges in accordance with this Contract, which shall be paid by direct credit transfer to such bank account as LCS Container Services may nominate in writing to the Hirer. Hire Charges are payable monthly in advance and time of payment of the Hire Charges is of the essence of this Contract.

    2. LCS Container Services reserves the right to increase the Hire Charges if at any time before delivery the cost to LCS Container Services of hiring the Container to the Hirer increases. In such circumstances, LCS Container Services may give the Hirer not less than 14 days written notice of any such increase and the Hire Charges shall thereafter be at such higher rate for the remainder of the Contract Term.

    3. If payment is not made when due LCS Container Services shall be entitled to charge interest on the overdue amount at four per cent above the prevailing base rate at HSBC Bank Plc calculated on a daily basis (‘the Default Rate’). The Hirer shall also be liable to pay any charges incurred by LCS Container Services in the recovery of the overdue amount or the Container. These remedies shall be without prejudice to any other rights and remedies available to LCS Container Services.

    4. All Hire Charges must be paid on the due date for payment without deduction or set off for any reason whatsoever.

  5. Specification

    1. Signature of this Contract by the Hirer constitutes complete approval of the Specification for all purposes of the Contract. It shall be the Hirer’s responsibility to ensure that the Specification meets the Hirer’s requirements.

    2. LCS Container Services reserves the right to make any changes in the Specification of the Container which are required to conform to any applicable statutory, legislative or other requirements relevant to the hire of the Container, which do not materially affect their quality or performance.

    3. Specifications drawings data literature and statements as to dimensions suitability performance or otherwise issued by LCS Container Services in connection with the Container are offered in good faith but are intended to be approximate only and the Container is supplied subject to no conditions nor shall it carry any guarantee or warranty as to dimensions quality fitness performance or suitability

  6. Delivery

    1. Any time for delivery indicated in the Commercial Schedule or the Specification is an estimate only and is not guaranteed. The Hirer hereby acknowledges that time of delivery shall not be of the essence of this Contract. The Hirer shall have no right to damages or to cancel this Contract for failure for any cause to meet any delivery time stated. The date of delivery shall in every case be dependent upon prompt receipt of all necessary information, final instructions or approvals and delivery details from the Hirer in writing. Any (i) alterations by the Hirer in relation to the Specification or (ii) failure by the Hirer to comply with any obligations on its part to facilitate delivery of the Container may result in delay in and may result in additional charges.

    2. The Hirer shall unless otherwise stated in the Specification and at its own expense provide suitable hardstanding for the Container to stand on, such hardstanding must be level and conform to the Specification or any notification or instruction provided by LCS Container Services to the Hirer.

    3. The Hirer shall provide adequate and unrestricted access to the Site for delivery, unloading, reloading and recovery of the Container. If requested by the Hirer LCS Container Services may undertake a Site survey to ensure adequate access and foundations, additional charges may apply.

    4. The Specification assumes that the Site and access to and from it is capable of accepting large vehicles and heavy mobile cranes, and any consequential loss or damage arising from use of the said vehicles and/or cranes will not be the responsibility of LCS Container Services. LCS Container Services cannot be held responsible for any underground structures, drains, cables, overhanging branches etc not clearly disclosed and or identified by the Hirer and expressly referred to in the Specification.

    5. Unless expressly stated in the Specification, LCS Container Services is not responsible for providing “Trackway” or similar ancillary products (such as crane support pads) and or the making good of any existing external surface or paving damaged by the delivery vehicles or cranes, and also excludes any damages to services.

    6. The Specification contains assumptions as regards cranage requirements, where any variation in the provision of craneage arises (whether as a result of weather conditions, safety considerations or any other factor) then any additional costs incurred by LCS Container Services, will be chargeable to the Hirer by way of additional charges, which shall be payable within 30 days of receipt of LCS Container Services’ invoice therefor, in addition to the Hire Charges.

    7. The Hirer authorises LCS Container Services to accept the signature on delivery and collection of the Container of any person reasonably holding themselves out to be the Hirer’s representative whether such person be authorised or not.

    8. On delivery the Hirer will notify LCS in writing of any damage to the Container otherwise it will be deemed to be in good working order and wholly free from damage.

    9. LCS Container Services will endeavour to comply with reasonable requests by the Hirer for postponement of delivery but shall be under no obligation to do so. Where delivery is postponed otherwise than due to default by LCS Container Services:

      1. the Hirer shall be liable for any additional delivery charges arising by virtue of delay or postponement;

      2. the Initial Contract Term shall be deemed to have commenced on the Commencement Date specified in the Commercial Schedule and the Hirer shall become liable for any Hire Charges payable in accordance with these Conditions with effect from that Commencement Date (notwithstanding the delay in delivery); and

      3. LCS Container Services shall be entitled to terminate this Contract upon giving the Hirer five working days notice in writing of its intention to do so.

    10. LCS Container Services shall accept no liability for any delay, cost or other liability arising as a result of any default on the part of either the Hirer or any subcontractor engaged by the Hirer.

  7. Planning Permission

    1. The Hirer has responsibility for procuring any planning permission required. If the Hirer instructs LCS Container Services to proceed without all requisite planning permissions having been obtained, then it is entirely at the Hirer’s risk and without liability on the part of LCS Container Services.

  8. Limitation of Liability

    1. This clause sets out the entire financial liability of LCS Container Services (including any liability for the acts or omissions of its respective employees, agents and subcontractors) to each other in respect of:

      • any breach of this agreement;

      • any use made or occupation of the Container by the Hirer; and

      • any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.

    2. Nothing in this agreement shall limit or exclude the liability of either party for:

      • death or personal injury resulting from negligence; or

      • fraud or fraudulent misrepresentation; or

      • breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

      • breach of section 2 of the Consumer Protection Act 1987; or

      • the deliberate default or wilful misconduct of that party, its employees, agents or subcontractors.

    3. Without prejudice to clause 8.2, LCS Container Services shall not be liable to the Hirer, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any:

      • loss of profit; or

      • loss of goodwill; or

      • loss of business; or

      • loss of business opportunity; or

      • loss of anticipated saving; or

      • loss or corruption of data or information; or

      • special, indirect or consequential damage or loss suffered by the Hirer that arises under or in connection with this agreement.

    4. Without prejudice to clause 8.2 or clause 8.3, LCS Container Services’ total liability arising under or in connection with this agreement, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall be limited to an amount equal to one year’s Hire Charges.

  9. Termination

    1. If the Hirer:

      1. shall fail to pay any Hire Charges or other sums due and payable under this Contract in full by the due date; or

      2. being a Company

        • has a petition presented for its winding up

        • passes a resolution for voluntary winding up (other than for the purposes of a bona fide amalgamation or reconstruction) or

        • enters into a voluntary arrangement with its creditors or

        • becomes subject to an administration order or

        • has a receiver appointed of all or any of its assets; or

      3. being an individual or firm:

        • becomes bankrupt or insolvent

        • enters into voluntary arrangements with his creditors; or

      4. commits a serious breach of this Contract (and in case of such breach being remediable (other than failure by the Hirer to pay the Hire Charges), fails to remedy it within 7 days after receiving written notice to do so);

      5. then, in any such case, LCS Container Services shall be entitled to treat this Contract as being at an end and shall not be obliged to deliver the Container or require the recovery of the Container (as the case may be) without liability to the Hirer.

    2. If this Contract is terminated prior to the expiry of the Initial Contract Term, then the Hirer shall be liable to pay the entire balance of the Hire Charges for the unexpired portion of the Initial Contract Term plus the hire charges for the collection period provided for in clause 15.

    3. Upon termination, the Container will be inspected by LCS Container Services and any charges for damages/repairs excluding fair wear and tear will be chargeable to the Hirer and payable within 30 days of the date of LCS Container Services’ invoice therefor.

  10. Inspection and Repairs

    1. The Hirer shall be responsible to LCS Container Services for the duration of the Initial Contract Term (and any period beyond the Initial Contract Term during which LCS Container Services continues to hire the Container to the Hirer) for safekeeping of the Container and for its use in a proper and workmanlike manner. The Hirer shall not use the Container for any purpose beyond its capacity or in any manner which, in the opinion of LCS Container Services, is likely to result in undue deterioration or its becoming immobilised immovable or otherwise inaccessible.

    2. The Hirer shall not use the Container to store corrosive substances, or poorly secured materials which may corrode, oxidise, dent, contaminate, puncture, stain, or damage the Container.

    3. The Hirer will comply with all loading limitations of the Container and will avoid excessive impact or concentrated loads.

    4. The Hirer shall keep the Container in good and substantial repair and condition, applying the procedures for servicing and repair in this clause 10 and for maintenance in accordance with clause 12.

    5. The Hirer shall at all reasonable times permit LCS Container Services and its agents access to the Container to inspect test, adjust, repair, alter or replace the same.

    6. The Hirer shall not (except as required by these conditions) without the prior written consent of LCS Container Services adjust, repair or alter the Container or make any attempt so to do or permit any third party so to do (other than with the written authority of LCS Container Services).

    7. If at any time during the Contract Term the Container or any part thereof is in need of adjustment or repair then:-

      1. the Hirer shall forthwith give written notice of such need to LCS Container Services;

      2. LCS Container Services shall with reasonable diligence either carry out the necessary adjustment or repair on Site or at its discretion arrange for the removal of the Container or part or parts thereof to LCS Container Services’ works for adjustment or repair;

      3. in the event of LCS Container Services removing the Container or any parts thereof LCS Container Services may at its opinion adjust or repair and re-deliver the Container or such parts or parts with reasonable diligence or determine the Contract forthwith in relation to the Container by giving written notice to the Hirer or replace the Container or such part or parts in which case this Contract shall continue as if the substituted product or such part or parts had been or had been included in the subject matter of the Contract;

      4. in the case of adjustment, repair or substitution LCS Container Services may at its option apply LCS Container Services’ Hire rates current at the date of completion of adjustment, repair or substitution in place of those set out in the Contract in respect of any such adjusted, repaired or substituted Container as from the date of such completion;

      5. if in the reasonable opinion of LCS Container Services the Container’s condition necessitating adjustment or repair arises in whole or in part from any cause other than fair wear and tear then:-

        • the Hirer shall be liable for all costs of repair, inspection, loading, unloading and transport in connection with the carrying out of the adjustments or repairs or the removal of the Container or any part or parts thereof and the redelivery thereof or of any substitute therefor; and

        • Hire Charges shall continue to be payable as if the Container had not been in need of adjustment or repair;

      6. Upon termination the Container will be inspected by LCS Container Services and any charges for damages/repairs excluding fair wear and tear will be chargeable to the Hirer.

  11. Loss or Damage to Container

    1. The Hirer is responsible for the safe keeping of the Container during the period of Hire and for its return to LCS Container Services at the termination of Hire. If the Hirer fails to return the Container for whatever reason whether as a result of theft, loss, destruction or otherwise, whether due to negligence on the part of the Hirer, its servants and/or agents or not the Hirer shall be liable to LCS Container Services for:

      1. the cost of replacement of the Container together with all costs arising there from and

      2. LCS Container Services’ Hire Charges until payment of the costs

  12. Maintenance

    1. Responsibility for the maintenance of the Container will be allocated as follows:

      1. LCS Container Services will be responsible for the replacement of inherent defects and faulty parts in accordance with LCS Container Services’ standard written policy for maintenance issued to the Hirer from time to time;

      2. the Hirer will be responsible for damage caused to the Container as a result of its use (excluding fair wear and tear).

  13. Prior Use

    1. Unless expressly stated in the Specification (and priced accordingly), the Hire Charges, and any other sums payable under the Contract are provided on the basis that the Container itself, and associated products will or may have been subject to prior use. This enables LCS Container Services to provide the Container on a cost effective basis to the Hirer. Where the Hirer requires the Container and associated products to be supplied on an entirely new basis, it is the Hirer’s responsibility to ensure that the Specification state this, which will be reflected in the price payable under the Contract by the Hirer. If following delivery, the Hirer subsequently requests any upgrade of the Container, components or associated products included within the supply, then the LCS Container Services reserves the right to increase the level of the Hire Charges payable.

  14. Procedure for return of the Container

    1. If the Hirer wishes to terminate its use of the Container (either at the end of the Initial Contract Term or at the end of any subsequent period of extended use following the expiry of the Initial Contract Term), the Hirer shall give LCS Container Services notice in writing to terminate its hire of the Container under the Contract (“Termination Notice”). Any such notice may not be given to have effect prior to the expiry of the Initial Contract Term.

    2. If damage to the Container is of such an extent that the Container cannot be reused, then LCS Container Services reserves the right to claim compensation for loss of future use at a rate equivalent to the level of Hire Charges being paid by the Hirer to LCS Container Services at the expiry of the Contract Term. LCS Container Services shall be entitled to invoice the Hirer on a monthly basis for such loss of use and any such invoice shall be payable within 30 days in accordance with LCS Container Services’ standard terms.

    3. The Hirer will be responsible for returning the Container in a clean condition, for example all internal floors, walls and ceilings will be clean. Where the use of the Container has involved a specialist use such as medical activities, or other activities involving potentially dangerous substances, the Hirer will arrange for Hygienic Certification to prove that the equipment and contents have been properly cleaned.

    4. Should the Hirer leave any abnormal substances inside or attached to the Container, then LCS Container Services reserves the right to inform the Health and Safety Executive and seek the appropriate compensation.

    5. The Hirer will be responsible for the ensuring the Container is empty on collection, including the removal third party items and equipment. Costs for moving and disposing items left in the Container on collection will be chargeable to the Hirer.

  15. Collection

    1. Following service of a Termination Notice LCS Container Services will propose a date for collection of the Container and it shall be the Hirer’s responsibility to ensure that the Site and access is made ready to enable LCS Container Services to collect the Container on that date in a safe and orderly manner.

    2. The Hirer shall remain liable to continue to pay the Hire Charges to LCS Container Services until the date on which the collection of the Container by LCS Container Services is successfully completed and LCS Container Services shall be entitled to invoice the Hirer accordingly. This will include (but is not limited to) any delay in collection arising as a result of the Hirer’s failure to comply with its obligations to ensure appropriate ground conditions, safe access and other requirements notified by LCS Container Services to the Hirer in the context of the proposed collection of the Container.

  16. Sub Letting

    1. The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of, or otherwise deal with the Container or its contents and shall protect the same against distress, execution or seizure and shall indemnify LCS Container Services against all losses, damages, costs, charges and expenses that may be occasioned by any failure to observe and perform this Condition.

    2. The Hirer shall not assign his rights hereunder nor sub-let or lend the Container or any part thereof to a third party without the prior written consent of LCS Container Services.

  17. Change of Site

    1. The Container shall not be moved from the Site to which it was delivered or consigned without the authority of LCS Container Services, such authority to be confirmed in writing prior to any such movement taking place.

  18. Identification Marks

    1. LCS Container Services retains the right to affix a mark or plate on the Container identifying it as the property of LCS Container Services and the Hirer shall not remove, deface or cover up the same.

    2. The Hirer shall not be permitted to affix any mark or plate on the Container unless prior written authority has been given by LCS Container Services.

    3. The Hirer will be responsible for the cost of rectification or reinstatement at the termination of the Hire Period.

  19. Safety Instructions

    1. The Hirer must ensure that everyone who uses the Container is properly instructed on how to use it safely and correctly, and that they have all the instructions that have been supplied. The Hirer must ensure the Container is not misused.

  20. Environment Policy

    1. LCS Container Services has a strict environmental policy. It is the Hirer’s responsibility that the Container must be returned clean and free from waste materials.

  21. Government Regulations

    1. The Hirer is solely responsible for applying for, obtaining and complying with the obligations imposed by any Act of Parliament statutory instrument statutory regulations and all third party rights in relation to the use and removal of the Container including but without prejudice to the generality of the foregoing the and all obligations and third party rights relating to the purposes for which the Container is used or to its condition delivery siting or removal. The Hirer shall indemnify LCS Container Services in full for all costs damages or losses howsoever caused arising out of or connected with the failure by the Hirer to comply with any such requirements.

  22. Waiver

    1. Any failure by LCS Container Services to enforce any or all of these Conditions shall not amount to or be interpreted as a waiver of any of its rights.

  23. Force Majeure

    1. Force Majeure Event means any circumstance not within LCS Container Services’ reasonable control including, without limitation:

      • acts of God, flood, drought, earthquake or other natural disaster;

      • epidemic or pandemic;

      • terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;

      • nuclear, chemical or biological contamination or sonic boom;

      • any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition[, or failing to grant a necessary licence or consent];

      • collapse of buildings, fire, explosion or accident; [and]

      • any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by the party seeking to rely on this clause, or companies in the same group as that party);

      • non-performance by suppliers or subcontractors (other than by companies in the same group as the party seeking to rely on this clause); and

      • interruption or failure of utility service.

    2. If LCS Container Services is prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure Event, LCS Container Services shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.

    3. LCS Container Services shall:

      • as soon as reasonably practicable after the start of the Force Majeure Event but no later than 7 days from its start, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and

      • use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.

  24. Copyright

    1. The copyright in drawings data and literature relating to the Container and LCS Container Services’ goods and services shall remain the property of LCS Container Services and (where marked as or otherwise indicated to be confidential) such drawings data and literature and LCS Container Services manufacturing and operating techniques shall not be disclosed or used except necessarily for the purpose of application and use by the Hirer of the Container .

  25. Counterparts

    1. This Contract may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one Contract.

    2. Transmission of an executed counterpart of this Contract (but for the avoidance of doubt not just a signature page) by email (in PDF, JPEG or other agreed format), shall take effect as delivery of an executed counterpart of this Contract. If either method of delivery is adopted, without prejudice to the validity of the Contract thus made, each party shall provide the others with the original of such counterpart as soon as reasonably possible thereafter.

    3. No counterpart shall be effective until each party has executed at least one counterpart.

  26. Entire Agreement

    1. The express terms of this Contract and these Conditions shall govern this Contract to the exclusion of any other terms and conditions purported to be specified or incorporated by the Hirer. No variation to this Contract or these Conditions shall be binding unless agreed in writing between the authorised representatives of the Hirer and LCS Container Services. The employees or agents of LCS Container Services are not authorised to make any representations concerning the Container unless expressly set out in this Contract. In entering into this Contract, the Hirer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not expressly set out in this Contract.

  27. Interpretation and Law

    1. These conditions shall be interpreted without reference to their headings. The Contract and these Conditions of Hire shall be governed by the construed in accordance with English Law. The Hirer irrevocably submits to the exclusive jurisdiction of the English Courts.