TPA Portable Roadways is one of Europe’s largest suppliers of temporary access solutions. Operating from bases in the UK and Germany, TPA provides equipment rental and installation of portable roadways, walkways and stairways, to customers in the transmission, construction, rail and outdoor events markets.
TPA Rapid Rail Access is firmly established in the rail sector as the principle provider of safe, effective, value for money access systems. Providing nationwide hire of specialist temporary access equipment designed, approved and dedicated for use in the rail sector.
These Conditions set out the terms and conditions governing this contract of hire – please read them carefully. IN PARTICULAR, THE HIRER’S ATTENTION IS DRAWN TO CLAUSES 4(d) & (f), 12, 13, 17 and 18. PLEASE NOTE THAT THE HIRER IS OBLIGED TO INSURE, AND IS RESPONSIBLE FOR ANY DAMAGE SUFFERED TO, THE HIRED MATERIALS FROM THE DATE THE HIRED MATERIALS LEAVE THE OWNER’S DEPOT (OR PLACE WHERE LAST INSTALLED) AND FOR THE ENTIRE PERIOD THAT THE HIRED MATERIALS REMAIN AT THE HIRER’S SITE UNTIL ACTUAL COLLECTION BY THE OWNER (NOTWITHSTANDING THAT THE CONTRACTUAL NOTICE PERIOD MAY HAVE EXPIRED). THE HIRER IS LIABLE TO PAY HIRE CHARGES FROM THE DATE OF DELIVERY (OR, IF APPLICABLE, INSTALLATION) IN ACCORDANCE WITH CLAUSE 4(f) BELOW UNTIL THE END OF THE NOTICE PERIOD REFERRED TO IN CLAUSE 18(c) or (e).
1. Definitions
(a) The “Owner” is Vp Plc (t/a TPA Temporary Access Solutions / TPA Portable Roadways / TPA Rapid Rail Access / TPA Pontoons).
(b) The “Hirer” is the company, firm, person, corporation or public authority taking the Owner’s Materials on hire and includes their successors or personal representatives.
(c) “Materials” means the equipment made available for hire by the Owner to the Hirer and specified in the Quotation.
(d) The “Hire Period” means the period commencing on the date the Materials leave the Owner’s depot (or place where last installed) and ending at the end of the notice period referred to in clause 18(c) or (e) or upon earlier termination of the Hire Contract pursuant to these Conditions.
(e) The “Hire Contract” means the contract for hire formed between the Owner and Hirer in accordance with clause 2 of these Conditions.
(f) A “week” shall be seven consecutive days.
(g) “Weekly Hire Rate” means the weekly hire rate for Materials specified in the Quotation.
(h) “Conditions” means these Terms & Conditions.
(i) “Quotation” means the written quotation supplied by the Owner to the Hirer incorporating these Conditions.
(j) “Working Day” means Monday to Friday inclusive excluding Bank Holiday or other statutory holiday and in each case commencing at 9.00 a.m. and ending at 6.00 p.m.
(k) “Site” means the site at which the Materials are installed and/or used during the Hire Period.
(l) “Order Acknowledgement” means the Owner’s acknowledgement of the Hirer’s order.
(m) “Contract Documents” is defined in clause 2(b) below.
In these Conditions, except where the context otherwise requires, words denoting the singular include the plural and vice versa; words denoting any gender include all genders; words denoting persons includes firms and corporations and vice versa; “writing” or “written” includes emails. Headings in these Conditions are for ease of reference only and do not affect the construction of these Conditions.
2. Contract Formation
(a) These Conditions are the only terms upon which the Owner will contract for the hire of Materials. Any terms or conditions attached to the Hirer’s order or which the Hirer otherwise seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing shall be of no effect and shall not apply to the Hire Contract.
(b) Any Quotation submitted by the Owner to the Hirer shall not constitute an offer that is capable of acceptance. A Quotation given by the Owner shall only be valid for a period of 30 days from its date of issue. An order issued by the Hirer constitutes an offer by the Hirer to hire the Materials specified in the Quotation upon the terms of the Quotation and these Conditions. A Hirer’s order shall only be deemed to be accepted when the Owner issues a written Order Acknowledgment at which point and on which date the Hire Contract shall come into existence upon the terms of the Contract Documents (defined below). If no Order Acknowledgement is issued, the Hire Contract shall come into existence upon the Materials referred to in the Quotation leaving the Owner’s depot at the start of the Hire Period (and for the avoidance of doubt in these circumstances the Hirer’s acceptance or receipt of the Materials on Site implies acceptance of the Contract Documents). The Hire Contract shall be governed by these Conditions, and the terms of the Quotation and any Order Acknowledgement to which the Hire Contract relates (“Contract Documents”). In the event of any conflict between the Contract Documents, the following order of priority shall apply: (i) Quotation (ii) Order Acknowledgement (if any), and (iii) these Conditions.
(c) In entering into the Hire Contract the Hirer has not relied upon any representations, statements or warranties whether verbal or written made by or on behalf of the Owner which is not set out in the Contract Documents (but nothing herein shall exclude any liability for fraud).
(d) For the avoidance of any doubt, the Hire Contract is a contract of hire, and not a contract of sale. As such, title in the Materials shall not pass to the Hirer.
(e) The Owner does not hire Materials to consumers; The Owner only hires Materials to business customers. Notwithstanding the foregoing, where hire of Materials is to a Hirer who is an individual, unincorporated entity or a two or three partner business, and the hire would be covered by the Consumer Credit Act 1974, the duration of the Hire Period shall not exceed 3 months in any event, after which time the Hire Contract shall be deemed to have automatically terminated. Accordingly the hire of any Materials is not covered by the Consumer Credit Act 1974.
3. Availability of Materials
The Materials offered for hire by the Owner are subject to availability at the time that the Hirer’s order is acknowledged by the Owner.
4. Unloading and Loading at Site
(a) Should the Hirer for any reason not be able to receive the Materials immediately upon their arrival at Site, the Hirer shall be responsible for any delay and abortive transport charges or any other consequential loss or expense incurred by the Owner.
(b) Should any delivery vehicle supplied by the Owner be required to leave the public highway for the purpose of delivering or collection of Materials then the Hirer shall be responsible for all injury, loss and damage, howsoever caused, whether negligently or otherwise (subject only to clause 12(a)), to the Owners vehicle, employee, Materials, the Site and anything on, beneath or affixed to the Site, and the Hirer shall fully and effectually indemnify the Owner against any and all such injury, loss or damage.
(c) Should any vehicle supplied by the Owner, for the purpose of collection or delivery of Materials to the Site encounter any rough or soft ground, access restrictions, obstructions or otherwise prior to reaching the position at which the Materials are to be installed or recovered then the Hirer shall be responsible for making good the access so as to ensure that the vehicle can enter or leave the Site and will be responsible for the cost of any damage to the vehicle, howsoever caused, along with any aborted transport charges or other loss incurred by the Owner.
(d) Should any collection or delivery be delayed or have to be aborted, once commenced, because the Hirer cannot return the Materials, or because of Site restrictions or any other reason (other than reasons caused exclusively by the Owner), then the Hirer shall be responsible for both the cost of continued hire charges for the Materials remaining until a time that a successful recovery may be achieved, plus an abortive transport charge.
(e) All delivery and collection dates or times quoted are estimates only and not guaranteed and time for delivery or collection by the Owner shall not be of the essence.
(f) On delivery, or if applicable installation, of Materials, the Owner’s representatives will tender a receipt to the Hirer confirming that the Materials have been received in good condition and, if applicable, installed in accordance with the Hire Contract requirements. The Hirer must draw any discrepancy to the Owner’s representatives’ attention at this time and if Hirer fails to do so, or if the Hirer shall have no person on Site to sign the receipt, the Owner’s representatives’ signature shall be conclusive evidence of satisfactory receipt, and if applicable installation, of Materials.
(g) Upon collection or return of Materials, the Owners representative shall tender to a representative of the Hirer a form for signature confirming the quantities of Materials recovered and that the Site has been left in a satisfactory condition. The Hirer must draw any discrepancy to the Owner’s representatives’ attention at this time and if Hirer fails to do so, or if the Hirer shall have no person on Site to sign this form, the Owner’s representatives’ signature shall be conclusive evidence of the quantity of Materials recovered and the satisfactory condition of the Site.
(h) Materials are recovered from Site and returned to the Owner’s depot unexamined. Full inspection will be made at the Owner’s depot and details of any missing or damaged items etc. will be notified to the Hirer and the procedures set out in clause 13 will apply.
(i) Any abortive transport charges are calculated on reasonable costs incurred in connection with the Hire Contract, or otherwise in accordance with any standard hire/charges rate list published by the Owner from time to time. Demurrage will be charged at the current stand-by rate published within the aforementioned Owner’s standard hire/charges rate list.
(j) Installation charges are identified on the Quotation.
5. Delivery in good order and maintenance
(a) The Hirer shall be responsible for (i) Materials’ safekeeping, (ii) use of Materials in a workmanlike manner, in accordance with good industry practice, and within any Materials capacity or use requirements or limitations on the Owner’s website at www.vpplc.com (and the Hirer warrants that they have checked such requirements and limitations), or which are otherwise notified to the Hirer by the Owner at any time, (iii) use of Materials in accordance with any assumptions as to use set out in the Quotation or these Conditions, and (iv) return on the completion of the hire in equal good order (fair wear and tear excepted).
(b) The Hirer must satisfy itself as to the suitability of the Materials for its purposes prior to issuing any order to the Hirer, and the Owner shall not be responsible for any failure by the Hirer to do so.
(c) Save as expressly provided in these Conditions the Owner does not make any representation concerning the condition, performance, qualities or fitness for a particular or any purpose of the Materials.
6. Handling and Use of Materials
(a) Prior to any installation of the Materials, the Owner reserves the right to visit the Site by pre-arrangement with the Hirer.
(b) Where the Owner has submitted a Quotation prior to a Site inspection, the Owner reserves the right to withdraw the Quotation and cancel the Hire Contract without liability if in the Owner’s reasonable opinion, access to the Site or the Site condition are unsuitable for the delivery, installation or use of the Materials or that the quantity of Materials ordered is insufficient for the Hirer’s stated (or apparent) purposes. The Owner shall not be under any liability should the Hirer decide to proceed with the Hire Contract if the Site conditions are unsuitable for the Materials. The Owner reserves the right to attend the Site at all times throughout the Hire Period to assess the suitability of the Site for the hired Materials.
(c) Where applicable, a suitable vehicle/transport, with crew, will be provided by the Owner to initially install and finally recover the Materials.
(d) The cost of any interim movement or re-siting (i.e. recovery and re-installation) of Materials from one position to another as requested by the Hirer after the initial installation and prior to the final recovery shall be borne by the Hirer. The Hirer shall not itself move or reposition Materials installed by the Owner without the prior written permission of the Owner.
(e) Where applicable and at the Owner’s request, the Hirer shall provide (at the Hirer’s cost) any plant materials or labour which may reasonably be required to assist in the preparation of the Site and installing and/or recovering of the Materials, and any such work shall be carried out to the satisfaction of the Owner.
(f) In respect of Roadway Materials – (i) tracked vehicles must not use the Materials without the prior written permission of the Owner; (ii) Vehicles using the Materials must not exceed 5 miles per hour or any lower speed stipulated by any Site signs.
(g) Where applicable, the Hirer shall be responsible for providing adequate hard standing where vehicles enter and leave the Materials.
(h) The Hirer shall not remove, deface or cover up the Owner’s name plates or marks on the Materials which indicate that they are the property of the Owner.
(i) Any advice and suggested configurations given in support of the Materials is, unless expressly agreed to the contrary in writing, given gratuitously and based solely on the information provided by the Hirer. No attempt is or can be made to check the validity of any information provided by the Hirer or ascertain what further information should be taken into account and accordingly any configurations are suggested only. The Hirer must verify and be satisfied with the completeness of the information provided to the Owner and to ascertain the accuracy and validity of the interpretation of information presented by the Owner to the Hirer and whether the suggested configuration can be utilised on the relevant project either safely or at all. Accordingly the Hirer must rely on his own skill and judgement and no liability shall be attached to the Owner in respect to any loss injury or damage of any kind whatsoever (subject only to clause 12 (a) below) should the configuration be proven unsuitable unstable or unworkable.
(j) Operation of the Materials by the Hirer must be in accordance with the manufacturers specifications, recommendations and instructions (or any of the same, or combination) and any liability arising by virtue of the Hirer’s failure to comply with such specifications, instructions and recommendations (or any of the same, or combination) shall be the sole responsibility of the Hirer and the Hirer shall fully indemnify and wholly hold the Owner harmless from any claim made by any person arising directly or indirectly from such failure.
7. Servicing and Inspection
The Hirer shall at all reasonable times allow the Owner, his agent, or his insurers to have access to the Materials to inspect, adjust, repair or replace the same. So far as reasonably possible, such work will be carried out at all times to suit the convenience of the Hirer. The Owner shall charge (and the Hirer shall pay) for the Owner’s maintenance visits to Site, regardless of whether or not any repair or maintenance work during such visits are due to fair wear and tear or otherwise.
8. Repairs and Adjustments
The Hirer shall not repair or attempt to repair the Materials without the prior written consent of the Owner. No allowance for hire charges or for the cost of repairs will be made by the Owner to the Hirer unless such repairs are made with the prior written consent of the Owner.
9. Breakdown
(a) An allowance will be made to the Hirer for any inability to use Materials caused by the development of an inherent fault or fair wear and tear in the Materials. The allowances will be calculated by a reduction in the hire charge proportionate to the extent of Materials affected and the period of time they are affected. As an alternative to any such allowance, the Owner shall be entitled to replace such Materials with similar Materials, and for the avoidance of doubt the Hire Contract shall continue as if the substituted Materials had been the subject thereof.
(b) The Hirer shall take all reasonable steps to keep itself acquainted with the state and condition of the Materials and shall be responsible for all expense involved arising from any failure of or damage to Materials, and any consequent repair thereof(otherwise than as a result of fair wear and tear or inherent fault in the Materials), and all loss incurred by the Owner as a result of the Hirer’s negligence, misdirection or misuse of the Materials, whether by the Hirer or its servants or agents, and for payment of hire at the appropriate rate during the period the Materials are idle due to such damage/failure.
10. Other Stoppages
(a) If Site conditions deteriorate to the extent that, in the Owner’s reasonable opinion, the Materials are no longer suitable for use, the Owner reserves the right to suspend (and require the Hirer to suspend) use of the Materials. For the avoidance of doubt, the hire charges at the Weekly Hire Rate shall continue to be chargeable in these circumstances until the end of the Hire Period. The Owner reserves the right to terminate the Hire Contract on written notice in these circumstances.
(b) The Owner will not be liable for stoppages through causes outside the Owner’s control, including without limitation bad weather or adverse Site conditions.
11. Loss of Use of Materials or Other Plant due to Breakdown
Each item of Materials specified within the Quotation is hired as a separate item and the failure of one or more items, through any cause whatsoever, shall not entitle the Hirer to compensation or allowance for the loss of use of any other items (which are the property of the Owner or otherwise) used in conjunction therewith.
12. Limitation of Liability
(a) Nothing in these Conditions limits or excludes any liability for fraud or any liability that cannot, in the relevant circumstances, be excluded by applicable law.
(b) Subject to clause 12(a), the Owner shall not be liable whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
a. Any special, indirect or consequential loss; or
b. Any of the following categories of loss:
(c) Subject to clause 12(a), the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Hire Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed a sum equal to the total hire charges paid by the Hirer for the Materials in respect of which the liability relates.
(d) The Owner shall not be liable for any loss or damage caused by changes in Site conditions or inclement weather.
(e) No conditions or warranties other than herein specifically set forth shall be implied or deemed to be incorporated in or form part of the Hire Contract. Any terms implied by law are, to the fullest extent permitted by law, excluded from the Hire Contract.
13. Hirer’s Responsibility for Loss and Damage
(a) The Hirer shall indemnify the Owner and keep them indemnified against death or injury to any persons or loss of or damage to any property and against all claims, proceedings, damages, costs, charges and expenses in respect thereof caused by, arising from or relating to the Hirer’s use of the Materials (including without limitation any injury to the Owner’s personnel or contractors whilst installing the Materials at the Site). However the foregoing indemnity shall not apply in respect of any injury, loss or damage to the extent that it is caused by any wrongful act, default or negligence on the part of the Owner.
(b) Risk of damage to or loss of the Materials from whatever cause (fair wear and tear and the Owner’s negligence excepted) shall be with the Hirer as from commencement of the Hire Period until the earlier of return of the Materials to the Owner’s depot or recovery of them from the Site by the Owner. In the event of loss or damage to the Materials, hire charges shall continue until a settlement has been effected.
(c) The Hirer shall insure the Materials at their FULL REPLACEMENT COST for the entire period that risk of damage to or loss of the Materials vests in the Hirer in accordance with clause 13(b) above, including without limitation during any holiday or shut-down period and notwithstanding that the Hire Period may have expired. The Hirer will produce evidence of such insurance to the Owner upon request.
(d) Where Materials are reported as lost or stolen and replacement is charged, should the Materials subsequently be located and returned to the Owner by the Hirer in an acceptable condition, an appropriate credit will be issued. However the hire charges whilst the Materials were missing will be chargeable at the Weekly Hire Rate and the issue of any credit is strictly subject to this condition.
(e) Where Materials are lost or not available for collection at the end of the Hire Period, the Hirer is responsible for the full replacement cost thereof.
(f) In the event of damage to the Materials that in the reasonable opinion of the Owner can be economically repaired, the cost of any such repairs will be charged to, and paid for by, the Hirer. In all other instances of damage the full replacement cost of damaged Materials will be chargeable to, and paid for by, the Hirer.
(g) If required by the Owner (but without prejudice to any of the rights or obligations in these Conditions) the Hirer shall provide 24 hour security patrols in addition to insurance cover and at his own cost, to the Owner’s satisfaction.
(h) The Hirer shall ensure that the Materials are clean and free from foreign matter and obstructions prior to placing the Materials off hire and at all times thereafter until the Owner recovers the Materials from the Site. The Hirer shall pay any costs incurred by the Owner in cleaning the Materials for recovery.
(i) If the Owner considers that cleaning, repair or replacement of Materials is necessary, then the Owner will notify the Hirer orally and in writing, and the Hirer shall have the right to inspect such Materials at the Owner’s depot and make representations as to the necessity of the cleaning, repairs or replacements relating thereto, within 5 Working Days of notification. Following any representations, the Owner’s decision will be final. If the Hirer fails to inspect or make representations within the timescale specified, it will be deemed to accept the necessity for any cleaning, repair or replacement and the charges relating thereto.
(j) The Hirer will notify the Owner of any loss of, damage to, or breakdown of Materials as soon as possible.
14. Notice of Accidents
If the Materials are involved in any accident resulting in injury to persons or damage to property, immediate notice must be given to the Owner by telephone and confirmed in writing to the Owner’s hire desk at TPA.Enquiries@vpplc.com. The Hirer shall not make any admission offer, promise or payment to any third party that may incur any liability (or potential liability) for the Owner without the Owner’s prior written consent.
15. Sub-Letting
The Hirer shall not part with possession, sub-let, or lend the Materials or any part thereof to any third party without the Owner’s prior written consent.
16. Return of Materials
For Repairs If at any time after the date of delivery any item of the Materials is in the opinion of the Owner in need of repairs, it may stop further use thereof until such repairs have been carried out on Site, or the Owner may require such Materials to be sent to a depot. If the repairs are required due to the development of an inherent fault in, or fair wear and tear of, the Materials the costs of repair and any loading and transport to a depot will be borne by the Owner. In all other circumstances, the costs of repair and any loading and transport to a depot will be borne by the Hirer.
17. Basis for Charging
(a) Materials shall be hired out for a minimum period of one week or for any longer period as may be mutually agreed between the Owner and the Hirer.
(b) The Hirer shall pay the Weekly Hire Rate, and any other applicable charges set out in the Quotation or otherwise set out in these Conditions, from the date of delivery (or, if applicable, installation) in accordance with clause 4(f) above, until the end of the Hire Period. For any period of hire after the first week the Weekly Hire Rate shall be charged for each complete week and as follows for part of a week, unless specifically agreed otherwise by the Owner in writing:-
Number of Days Proportion of Weekly Hire Rate Payable
1 1/5
2 2/5
3 3/5
4 4/5
5 – 7 5/5
.
(c) Stoppages due to changing of tyres and repairs to punctures will be chargeable as working time for laying and recovery vehicles.
(d) No allowance can be made should the Materials not be in actual use at any time during the Hire Period.
(e) The Hire Period will continue throughout any statutory holiday or construction industry shutdown, unless specifically agreed otherwise by the Owner in writing.
(f) The Quotation may specify (and, if so, the Hirer will pay) a higher Weekly Hire Rate during summer months, to reflect the peak period of demand for certain Materials.
(g) The Owner reserves the right to increase the Weekly Hire Rate on not less than 14 days’ written notice to the Hirer if the Hire Period extends beyond the initial estimated period of hire notified by the Hirer to the Owner, or if the initial estimated hire period is greater than 3 months.
(h) The Hire Period shall continue (notwithstanding any estimated completion of the Hire Period by the Hirer) until terminated by either party pursuant to clause 18 below.
18. Notice of Termination of Contract
(a) THE HIRE PERIOD CAN ONLY BE ENDED BY THE HIRER ON THE TERMS IN THIS CLAUSE. All Hire Periods are for an indefinite period of time and any reference to a fixed period of time, whether in the Quotation or otherwise, shall be of no binding effect and shall be for guidance only as to the anticipated duration of the Hire Period.
(b) Unless otherwise specified in the Quotation, the Owner will not accept any termination instructions from the Hirer at the time of the Hirer’s order.
(c) The Hirer may only terminate the Hire Contract by not less than one Working Day’s prior notice, either in writing to the Owner’s address or by email to the Owner’s hire desk at TPA.Enquiries@vpplc.com.
(d) The Owner may, without prejudice to any of its other rights arising hereunder, terminate the Hire Contract immediately upon written notice:
(e) Notwithstanding clause 18(d) above and without prejudice to any of its other rights arising hereunder, the Owner may terminate the Hire Contract without cause at any time on not less than ten Working Days’ prior written notice to the Hirer.
(f) The Hirer shall ensure that the Owner may obtain unobstructed access to the Site to collect the Materials for seven Working Days following the end of the Hire Period or for such longer period as may be specified by the Owner in the Quotation. The Hirer is fully responsible for all Materials during this period and until the Materials are collected from the Site. The Hirer must make all necessary arrangements in order to comply with the transport and collection requirements contained within the Hire Contract. The Hirer shall be fully responsible for losses or damages sustained to the Materials during this period.
19. Cancellation
(a) In the event of the Hirer cancelling or postponing all or part of the Hire Contract prior to commencement of the Hire Period, the Owner reserves the right to charge the following:
Number of Days Notice Proportion of the overall contract value (based on original estimated Hire Period)
Less than 7 days 100%
Between 7 and 13 days 50%
Between 14 and 28 days 25%
Greater than 28 days Nil%
(b) Part cancellations will be charged on a pro-rata basis.
(c) Cancellation charges take precedent over all other charges and shall be invoiced on or after the date of cancellation. Such charges are payable by the earlier of 14 days from the relevant invoice date or by the date of commencement of the originally contracted period of hire.
20. Payment
(a) The Owner may provide the Hirer with a credit account in its absolute discretion, and set a reasonable credit limit in respect of it. The Owner reserves the right to terminate or suspend any Hire Contract if allowing it to continue would result in the Hirer exceeding its credit limit or if the credit limit is already exceeded. The Owner may, in its absolute discretion, reduce the Customer’s credit limit or cease to provide the Hirer with credit.
(b) Invoices may be rendered by the Owner at monthly intervals throughout the Hire Period and/or after the end of the Hire Period. Where credit account facilities have been granted in writing all invoices must be paid within 30 days from the date of invoice (or such other period as may have been agreed in writing by the Owner). Where no credit facilities have been granted payment will be made in full in advance of the Hire Period, and the Owner reserves the right not to deliver the Materials to the Hirer if it fails to do so. Time for payment of invoices shall be of the essence of the contract. The Owner may charge interest on overdue amounts at the applicable rate from time to time pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 (the “Act”), calculated (on a daily basis) from the date the relevant invoice became due until payment (compounded on the first day of each calendar month) and also claim fixed sum compensation from the Hirer pursuant to the Act, without prejudice to any other rights or remedies available to the Owner.
(c) Following the end of the Hire Period, the Owner shall be entitled to enter the Site and repossess all Materials therefrom and, where the Hire Contract is terminated under clause 18(d) above or if the Hirer fails to comply with its obligations herein in respect of the Owner’s repossession of the Materials, the Hirer shall indemnify the Owner from all costs, losses and claims arising from doing so. If the Owner is unable to collect the Materials, or any part thereof from the Site for any reason then such Materials, or part thereof shall be deemed to have been sold to the Hirer as at the date of attempted collection at the full replacement cost of such un-recovered Materials and the Owner shall be entitled to the full replacement cost thereof from the Hirer (but title to such Materials shall not pass to the Hirer until payment in full for them has been received by the Owner). If any Materials collected or received from the Site are in need of repair, replacement or cleaning, then the procedure set out in clause 13(i) shall apply.
(d) Should the Hirer wish to query or dispute any part of any charge rendered, written notification must be given to the Owner within the period allowed for payment.
21. DATA PROTECTION
(a) The Owner’s privacy policy explains how and why it collects, stores, uses and shares the Hirer’s personal data. The Owner’s privacy policy is available at https://www.vpplc.com/site-services/gdpr-privacy. Under data protection law, the Owner can only use the Hirer’s personal data if it has a proper reason for doing so. Generally, the Owner will use the Hirer’s personal data (i) to comply with its legal and regulatory obligations; (ii) for the performance of the Hire Contract or to take steps at the Hirer’s request before entering into the Contract, or (iii) for the Owner’s legitimate interests or those of a third party.
(b) Marketing communications - The Owner may use the Hirer’s personal data to send updates (by email, text, telephone or post) and/or information about the Owner’s services. The Hirer has the right to opt out of receiving such marketing communications at any time, by using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts.
22. Law
This Hire Contract shall be governed by and construed in accordance with English Law. The parties to this agreement irrevocably agree for the exclusive benefit of the Owner that the courts of England shall have jurisdiction over any claim arising under or in connection with this Agreement and that accordingly any proceedings in respect of any such claim or matter may be brought in such courts. Nothing in this clause shall limit the right of the Owner to take proceedings against the Hirer in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of other jurisdiction.
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