Fresh Wheels Refrigeration Limited Terms
These Terms and Conditions are the standard terms for the hire of Refrigerated Trailer by Fresh Wheels Refrigerated Hire Ltd a company registered in England under 9761757 of The Grey House, 3 Broad Street, Stamford Lincs PE9 1PG
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Accidental Damage Waiver” means a fee paid by You which covers any accidental damage to Refrigerated Trailer that would otherwise incur charges, as explained in Clause 8;
“Business Day” means, any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Contract” means the contract for the hire of the Refrigerated Trailer by You from Us, as explained in Clause 2;
“Deposit” means the sum payable at the time of Your Order that is required to secure your Order;
“Fresh Wheels Refrigerated Hire” Means the Refrigerated Trailer supplied by Us and hired by You subject to these Terms and Conditions;
“Hire Period” means the period for which You will hire the Refrigerated Trailer;
“Month” means a calendar month;
“Price” means the total price payable for the hire of the Refrigerated Trailer;
“Order” means Your order for the Refrigerated Trailer;
“Order Confirmation” means Our acceptance and confirmatio of Your Order as described in Clause 2;
“Security Deposit” means the sum payable under sub-Clause 5.5 to cover the non-return, loss, theft or non-accidental damage of the Refrigerated Trailer;
“We/Us/Our” means Fresh Wheels Refrigerated Hire Ltd a company registered in England under 9761757 of The Grey House, 3 Broad Street, Stamford Lincs PE9 1PG and includes all employees and agents of Fresh Wheels Refrigerated Hire Ltd and
“You” means you, the hirer of the Refrigerated Trailer.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, [text message, fax or other means.
1.3 Each reference the singular number shall include the plural and vice versa where appropriate.
2. The Contract
2.1 These Terms and Conditions govern the hire of Refrigerated Trailer from Us and will form the basis of the Contract between Us and You. Before completing Your Order, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.
2.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
2.3 A legally binding contract between Us and You will be created upon Our acceptance of Your Order, indicated by Our Order Confirmation, and Your payment of the Deposit. Order Confirmations will be provided in writing by email or post before the hire period.
3. Your Obligations
3.1 When making Your Order, You will be required to supply the following information:
3.1.1 Period of Hire;
3.1.2 Address of Hire;
3.2 The following rules apply to Your hire and use of Refrigerated Trailer:
3.2.1 To not be moved at any point once the trailer is in place agreed with both parties
3.2.2 Locks are to be kept on at all times;
3.2.3 Door to be kept shut when possible to keep the trailer cool;
4. Hire Period
4.1 The Hire Period shall be chosen in Your Order and confirmed in Our Order Confirmation.
4.2 Unless it is expressly stated otherwise, the Hire Period begins at 9am on the first day of the Hire period and ends at 7pm on the final day of the Hire Period.
4.3 Unless We expressly agree otherwise (and confirm that agreement in writing)
4.4 You may extend the Hire Period by contacting Us via Telephone 07875543065. Extended Hire Periods shall be charged at [Our normal Our normal rates.
5. Fees and Payment
5.1 We require a Security Deposit of £500, which will only be put through if any damage is occurred during the hire period as stated on the order confirmation.
6.1 You may cancel Your Order at any time before the start of the Hire Period subject to the following:
6.1.1 We will take full payment if the refrigerated trailer is cancelled 7 days or less before the Hire date.
6.2 We may, at Our sole discretion, reduce or waive any of the charges detailed above if Your cancellation is due to exceptional circumstances.
7. Collection and Return
7.1 The Hire Period begins at 9am on the date stated in the Order Confirmation. This is the time from which the Refrigerated Trailer will be ready for Delivery.
7.2 You should check the Refrigerated Trailer at the time of delivery. If there are any items missing or if there is any visible damage to the Refrigerated Trailer, You should inform Us immediately, before the delivery person leaves. We will use all reasonable endeavours to replace missing items or damaged Refrigerated Trailer.
7.3 The Hire Period ends at 7pm on the date stated in the Order Confirmation. Any Refrigerated Trailer returned late will incur an excess charge of £200 per Refrigerated Trailer, per day (with the first day taking effect after 7pm on the date stated in the Order Confirmation.) Refrigerated Trailer may be returned early, however We are unable to issue any refunds of any kind for early returns.
8. Accidental Damage Waiver
8.1 An Accidental Damage Waiver [will be automatically added to Your Order, but can be removed at Your request] OR [can be added to Your Order at Your request].
8.2 The Accidental Damage Waiver covers the following:
8.2.1 Any accidental damage to Refrigerated Trailer while they are in Your possession;
8.3 The Accidental Damage Waiver does not cover the following:
8.3.1 Malicious or deliberate damage or that which, in Our opinion, has been caused by carelessness or improper use;
8.4 If You do not take out the Accidental Damage Waiver, You will be responsible for any and all of the types of damage and/or loss shown above in sub-Clause 8.2 in addition to that shown in sub-Clause 8.3.
9. Loss and Damage
9.1 You are responsible for, and will be required to indemnify Us for, any loss or damage which may occur to Refrigerated Trailer that falls outside of the terms of the Accidental Damage Waiver described in Clause 8.
9.2 Any charges due under this Clause 9 will firstly be taken out of Your Security Deposit. If the cost of repairing the damage or replacing the Refrigerated Trailer is, in Our opinion, higher than the sum of the Security Deposit, You will be required to pay any excess sum.
9.3 You will not be responsible for any pre-existing damage to Refrigerated Trailer that has already been identified under sub-Clause 7.2 at the time of collection.
9.4 Full details of all charges are available on request.
10. Our Liability
10.1 We will be responsible for any foreseeable loss or damage that You may suffer only as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable only if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is formed. We will not be responsible for any loss or damage that is not foreseeable.
10.2 [In any event, Our total liability under these Terms and Conditions shall be limited to the value of the Contract between Us and You, that is, the total Price payable by You.]
10.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
10.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to Your rights as a consumer.
11. Events Outside of Our Control (Force Majeure)
11.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control.
11.2 If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
11.2.1 We will inform You as soon as is reasonably possible;
11.2.2 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;
11.2.3 If the event outside of Our control continues for more than 7 days We will cancel the Contract and inform You of the cancellation in writing;
11.2.4 If an event outside of Our control continues for more than 14 days and You wish to cancel the Contract, You may do so by informing us in writing;
11.2.5 If the Contract is cancelled under this Clause 11 before the Hire Period begins, any and all sums You have paid to Us will be refunded in full. Other provisions in these Terms and Conditions regarding the retention of sums paid shall not apply.
12. Communication and Contact Details
If You wish to contact Us with questions or complaints, You may contact Us in person Amy Roberts by telephone at 01780 751313 or 07875543065, by email at firstname.lastname@example.org, or by pre-paid post at The Grey House, 3 Broad Street, Stamford Lincs PE9 1PG,.
13. How We Use Your Personal Information (Data Protection)
13.1 All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and Your rights under that Act.
13.2 We may use Your personal information to:
13.2.1 Provide Our products and services to You;
13.2.2 Process Your payments; and
13.2.3 Inform You of new products and services available from Us. You may request that We stop sending You this information at any time.
13.3 We will not pass on Your personal information to any other third parties [without first obtaining Your express permission].
14. Other Important Terms
14.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
14.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
14.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
14.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
14.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
15. Governing Law and Jurisdiction
15.1 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
15.2 Any dispute, controversy, proceedings or claim between Us and You relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.