1) Parties to the Contract and Definitions
a) We are Cairston Limited trading as IceBox Rental. Our Registered Company No. is 5207877 and our Registered Office address is 9 High Street, Woburn Sands, Buckinghamshire, MK17 8RF. Our business address is Office 4, Mount Mill Farm, Stratford Road, Wicken, Northants, MK19 6DG. Our contact details are Tel: 0333 6000 800 / email: firstname.lastname@example.org
b) We are, for the purposes of this contract, referred to herein as “IceBox Rental”, “we”, “our” or “us”.
c) You are the person or body corporate who is hiring from us a trailer and, the purposes of this contract, you may be referred to herein as “you”, “your” or “the Hirer”.
d) These terms shall apply to the hire of any trailer and all services that we supply to you. We may change these terms without notice to you in relation to any future hire.
e) Any reference to the trailer includes any and all accessories and additional products / equipment supplied as part of the trailer hire.
2) Availability and Price of the Hire Services
a) All trailers are subject to availability at the time of your order. If, between receipt of your order and the commencement of your hire, the trailer you have ordered becomes unavailable, we shall inform you at the earliest opportunity and arrange for an immediate refund of all sums paid to us in respect of the hire period to be made.
b) We accept neither responsibility nor liability to pay any compensation, costs or expenses where the performance of your contract with us is prevented or affected or you otherwise suffer any loss or damage as a result of events beyond our reasonable control. This includes, but is not limited to, any delays to and/or restrictions to your hire to which you may be subject. However, if your booking has to be cancelled as a result, we will provide a full refund as described above, and we shall be under no further liability in this regard.
c) We shall make every effort to ensure that prices and descriptions shown in our quotation or on our website are accurate at the time that you place your order.
3) Payment and Cancellation
a) An initial, non-refundable deposit will be required to confirm a booking. This will be forfeited in the event of the Hirer’s cancellation, or failure to provide full payment or documents required in accordance with these terms and conditions.
b) Please note that the trailer will not be made available to you until we are in receipt of cleared funds in respect of all sums due and payable to us for the hire services.
c) Where you choose to pay by credit card we will make a charge of 2.5% in respect of each payment by business credit card. There is no charge for debit cards.
d) If the payment of any fees by you is not made in accordance with these terms, you will be deemed to have requested the termination of the contract and you hereby acknowledge that the trailer reserved for you at the time of your order may be released by us for hire to any other customer without liability to you.
4) Delivery of the Trailer
a) Unless otherwise agreed, delivery of the trailer shall be made by us on the date and at the time agreed for the commencement of hire when the booking was made.
b) We will prepare a Trailer Hire Condition Form which will specify the precise details of the trailer, together with a summary of any damage noted by us prior to the commencement of your hire period. At the point of delivery you will be required to sign the Form to confirm your acceptance of the condition of the trailer. Please ensure that you have read the Form carefully before signing the Form and thereby accepting the trailer.
c) We will use all reasonable endeavours to have the trailer available for delivery on the date and time agreed but we shall not incur any liability whatsoever in the event of any delay arising from matters beyond our reasonable control.
d) Please note that, notwithstanding your payment of all sums owing to us in respect of the proposed hire, the trailer will not be made available to you until we are reasonably satisfied with your forms of identification where required and the trailer will not be released until all such documents have been produced in accordance with these terms.
e) The trailer must be sited on a flat and level hard standing base provided by the hirer. If the trailer is to be situated in a building or marquee, then adequate ventilation must be available to maintain an ambient temperature of no more than 22 degrees centigrade;
f) The mains power socket must not be more than 12 metres from the unit using a 13amp cable or 25 metres from the unit using a 16amp cable. Failure to observe this condition may result in damage to the unit which will be charged to the hirer.
g) The hirer must ensure that there is adequate ventilation around contents to ensure that the temperature is evenly maintained. Contents to be stored must be food safe and free from contamination. The unit is designed as a holding room, therefore contents entering the chiller must be between +5 to +10 degrees centigrade. It is the hirer’s responsibility to ensure that all temperature criteria is adhered to.
5) Rental Period Responsibility
a) The period of hire shall commence on the date and time shown on the Rental Agreement and shall end on the date and time shown on the Rental Agreement.
b) The period of hire may not be extended without our prior written consent. Unauthorised extensions to the rental period will result in additional charges being incurred.
c) You shall during the continuance of the hire contract:‐
i) take all steps to ensure that the trailer is secure from theft or damage;
ii) indemnify us against all fines, penalties and liabilities payable by us by virtue of your hire and/or use of the trailer or arising in respect of any non‐compliance or contravention of any transport, traffic or other law or regulations, together with any costs or expenses relating thereto incurred by such use of the trailer;
iii) accept liability for damage to or loss of the trailer including any and all accessories and additional equipment supplied whilst on hire to you under a Rental Agreement. Your liability for such loss or damage to the trailer is limited to £1,000 unless you have purchased in advance of the rental period our Excess Reduction product in which case your liability shall be reduced to £300. Willful damage or negligence is specifically excluded and you will be responsible for all resultant costs in full.
iv) accept that all trailers are immobilised by use of a wheelclamp and hitchlock upon delivery to site by IceBox Rental. Unauthorised removal of same leading to loss or damage to the trailer will be deemed to be a willful act and all resultant costs will thus be recharged to you in full.
v) accept that any and all goods and/or produce placed in or on the trailer remain your responsibility and IceBox Rental accepts no liability for any loss or damage caused to or by said goods and/or produce.
vi) accept that during the period of hire, the use of the trailer(s) will be entirely at your own risk.
vii) pay us the full value of your liability for repair / replacement costs in accordance with clause 7c above immediately upon demand. For each day after this, IceBox Rental shall charge the Hirer a full days hire charge for each day until such sums have been settled in cleared funds in full;
viii) not sell, assign, mortgage, lend, let on hire or otherwise dispose of or part with possession of the trailer or part thereof nor attempt or purport to do so;
ix) not remove or interfere with any identification marks, livery or plates affixed to the trailer;
x) take all necessary steps at your own expense to retain and recover possession and control of the trailer of which you lose possession or control.
d) Under no circumstances is the hirer permitted to:
i) alter or modify the unit and its associated equipment.
ii) remove the refrigeration and its associated equipment.
iii) deny access to IceBox Rental to the unit.
iv) Sub-let, re-hire or sell the unit or its associated equipment.
e) The Hirer must:
i) maintain the refrigeration trailer and its associated equipment in the condition in which it was delivered.
ii) maintain regular cleaning rotas as per environmental health regulations.
6) Return of the Trailer
a) Unless otherwise agreed, the collection of the trailer shall be made by us on or as close to the date and time agreed for the expiry of hire shown on the Rental Agreement. Please ensure that the trailer is empty, clean and available for collection in accordance with these terms.
b) You or your authorised representative must be available to inspect and agree the condition of the trailer with us at the point of collection. You remain responsible for any and all costs relating to the trailer until it has been returned to us and accepted by us. In the event that a trailer is left uninspected, the Hirer will forfeit their full deposit.
c) In the event that we are unable to gain immediate access to the trailer in accordance with these terms a penalty payment of £35 per hour or part thereof will be charged between the time we arrived to collect and the time we were able to collect in accordance with these terms.
d) The trailer must be returned to us in a reasonably clean condition internally. All contents and packaging must be removed from the trailer prior to our arrival and, where necessary, it should be cleaned and washed. Any trailers returned in an unsatisfactory state of cleanliness will incur a minimum cleaning charge of £50 + vat.
e) Please note that no refund or other discount will be given where the trailer is returned early.
a) In cases where our written permission has been provided for the trailer to be towed by you or your appointed agents, you shall
i) obtain, and ensure all necessary documentation and valid licenses to legally tow the trailer;
ii) ensure that the towing vehicle used is suitable for the trailer being hired;
iii) be responsible for establishing whether a tachograph is required and conform with all such legislation governing the use of tachographs;
iv) ensure that the trailer is always left locked onto the towing vehicle or secured using the security devices supplied;
v) arrange adequate breakdown rescue cover to include repatriation of the trailer if so required;
vi) not take or allow the trailer to be taken out of mainland England, Scotland or Wales without our prior written authority and, in the event of that authority being given, only on such terms as we deem fit.
a) Any expense incurred by us in repossessing the trailer or in recovering possession of the trailer on default of delivery by you under these terms will be reimbursed by you to us on demand.
a) The trailer shall at all times remain the property of IceBox Rental and you shall have no rights to the trailer other than as Hirer .
b) You shall not do or permit or cause to be done any matter or thing whereby our rights in respect of the trailer are or may be prejudicially affected.
10) Our Liability to You
a) We make no warranties, whether express or implied, in relation to the accuracy of information on our website and any material downloaded from our website is at your own risk and we shall assume no liability for any loss or damage, whether direct or indirect, arising from your use of that information or material.
b) Nothing in these terms shall restrict our liability to you for: ‐
i) death or personal injury caused by our negligence;
ii) liability for defective products under the Consumer Protection Act 1987;
iii) fraudulent misrepresentation.
c) We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our or manufacturer instructions (whether oral or written), misuse or alteration or repair of the trailer without our prior approval.
d) In no event shall we be liable to you for any damages, including any loss of profits or prize funds, entry fees, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the hire services even if we have been advised of the possibility of such damages.
e) Nothing in these terms shall affect your statutory rights as a consumer. If you are in any doubt as to the extent of your statutory rights as a consumer you should seek your own independent legal advice from an appropriately qualified person. If you have any other complaint about the hire services, you should notify us in writing at the address or e‐mail address above.
a) You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity basis, suffered or incurred by or awarded against us and arising directly or indirectly as a result of any breach or default on your part in the discharge of your obligations under this hire contract.
12) Data Protection
a) We shall take all reasonable care to ensure that we comply with our obligations under the Data Protection Act 1998 so that details of your order and payment are kept secure. However, unless we are negligent, we shall not be liable to you for any unauthorised access to information supplied by you.
b) We shall only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise..
a) We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these terms upon notification to you.
a) Any failure by us to exercise, or any delay in exercising any of our rights under these Terms and Conditions or failure or delay in enforcing compliance with any clause of these Terms and Conditions shall not operate as a waiver or variation of that or any other such right; and no act or course of conduct or negotiation on our part or on our behalf shall in any way preclude us from exercising any such right or constitute suspension or variation of any such rights.
a) If any clause of this Terms and Conditions or the application thereof to any party or circumstance shall, to any extent, now or hereafter be or become invalid or unenforceable, the remainder of these Terms and Conditions shall not be affected thereby and every other
16) Third Party Rights
a) None of the provisions of these Terms and Conditions of Business and any Schedule thereto is intended to be for the benefit of, or enforceable by third parties (other than permitted assignees of IceBox Rental who shall be entitled to enforce the provisions of these Terms and Conditions of Business and any Schedule thereto as if original parties to it) and the operation of the Contracts (Rights of Third Parties) Act 1999 is excluded.
17) Governing Law
a) These Terms and Conditions are governed and construed in accordance with English Law and the English Courts shall have exclusive jurisdiction in the event of any disputes arising in connection with these Terms and Conditions and you and IceBox Rental agrees to submit to the exclusive jurisdiction of the Courts of England and Wales.
Cairston Limited t/as IceBox Rental. Registered Office: 9 High Street. Woburn Sands, Bucks, MK17 8RF.
Registered in England Number: 05207877. VAT Number: GB 846 7538 83