Parties to the Contract and Definitions
- We are Cairston Limited trading as IceBox Refrigerated Trailers. Our Registered Company No. is 5207877 and our Registered Office address is 9a High Street, Woburn Sands, Buckinghamshire, MK17 8RF. Our contact details are tel: 0333 6000 800 and email: [email protected]
- We are, for the purposes of this contract, referred to herein as “IceBox Rental”, “we”, “our” or “us”.
- 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”.
- 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.
- Any reference to the trailer includes any and all accessories and additional products / equipment supplied as part of the trailer hire.
Availability and Price of the Hire Services
- 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. 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.
- 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. However, if an error is found, we shall inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you decide to cancel, we shall refund to you any sum that has been paid by you to us.
Payment and Cancellation
- 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.
- Unless otherwise agreed in writing, 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.
- 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.
Commencement of Hire
- Unless otherwise agreed in writing, delivery of the trailer shall be made by us on the date and at the time slot agreed for the commencement of hire when the booking was made.
- 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 time of collection, you will be required to sign the Trailer Hire Condition Form to confirm your acceptance of the condition of the trailer. Please ensure that you have read the Trailer Hire Condition Form carefully before signing it and thereby accepting the condition of the trailer.
- 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.
- In instances of self-tow where our prior written consent has been obtained in advance, you shall be required to provide to us, prior to the release of the trailer, the following original documents:
- Current driving licence
- A recent utility bill containing details of the Hirer’s current residential address
- Proof of valid insurance cover for the towing vehicle providing cover for third party risks whilst towing a trailer.
- 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 and the trailer will not be released until all such documents have been produced in accordance with these terms.
Your Obligations to Us
You shall during the continuance of this hire contract: ‐
- obtain, and ensure all necessary documentation and valid licenses to legally tow the trailer;
- ensure that the towing vehicle used is suitable for the trailer being hired
- be responsible for establishing whether a Tachograph is required and conform with all such legislation governing the use of Tachographs;
- ensure the trailer is always left locked onto the towing vehicle or secured using the supplied lockable hitch provided;
- take all steps to ensure that the trailer is secure from theft or damage;
- drive the towing vehicle with due care and attention and in accordance with all legal requirements;
- 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;
- accept liability for the full replacement value of the trailer including any and all accessories and additional equipment supplied and the cost of replacing any tyres fitted to the trailer – on a like for like manufacturer basis – should those tyres be damaged in any way, whilst on hire to you;
- pay us the repair / replacement costs up to the full replacement value of the trailer 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;
- 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;
- 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;
- not remove or interfere with any identification marks, livery or plates affixed to the trailer;
- 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.
- In the event of any damage to or loss of the trailer whilst on hire to you under a Rental Agreement, your liability for such loss or damage to the trailer is limited to £1,000. Willful damage or negligence is specifically excluded and you will be responsible for all resultant costs in full.
- 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 will thus be recharged to you in full.
- 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.
- During the period of hire, the use of the trailer(s) will be entirely at your own risk.
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.
- 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.
- 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.
Return of the Trailer
- Unless otherwise agreed, the collection of the trailer shall be made by us on or prior to the date and time agreed for the expiry of hire shown on this Rental Agreement. Please ensure that the trailer is available on time and in accordance with these terms. It is important that the trailer is available for return on time so that it can be prepared in readiness for release to other customers.
- Trailers must be handed back to us in person. 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 for collection without you or your authorised representative being available to hand back the trailer to IceBox Rental, the Hirer will forfeit their full deposit.
- In the event that you do not return the trailer on time and in accordance with these terms a penalty payment of £25 will immediately become payable to us for each hour period between the agreed expiry of the hire and the actual time of return (subject to a maximum daily penalty charge of £75).
- The trailer must be returned to us cleaned, swept and hosed out where necessary and in a suitable condition to allow it to be re-rented immediately. There will be a penalty of £65 + VAT if the trailer is not cleaned out to our satisfaction. You hereby authorise us to charge all such penalties against your credit / debit card.
- Please note that NO REFUND or other discount will be given where the trailer is returned early.
Our Liability to You
- We make no promises, 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.
- Nothing in these terms shall restrict our liability to you for: ‐
- death or personal injury caused by our negligence;
- liability for defective products under the Consumer Protection Act 1987;
- fraudulent misrepresentation.
- In no event shall we be liable to you for any damages, including any loss of profit 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.
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.
- 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.
- We shall only use the information you provide about yourself for the purpose of fulfilling your order, unless you agree otherwise.
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.
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.
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 provision of these Terms and Conditions shall be valid and enforceable to the fullest extent permitted by law.
Third Party Rights
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.
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 agree to submit to the exclusive jurisdiction of the Courts of England and Wales.