Terms and Conditions

1. Agreement

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer" or "you") and 4D Plant Hire Limited ("Company," "we," "us," or "our").

By requesting a quote, placing an order, or using our Services, you agree to be bound by these Terms. If you do not agree, you may not use our Services.

We reserve the right to modify these Terms at any time. Changes will be posted on our website with an updated "Last updated" date. Your continued use of our Services indicates acceptance of the modified Terms.

2. Equipment Rental Terms

2.1 Rental Agreement

Upon acceptance of your quotation, a legally binding rental agreement is formed between you and the Company. The rental period commences on the delivery date and ends on the return date or time specified in the quotation, unless modified in writing by both parties.

2.2 Equipment Inspection

The Customer is responsible for inspecting the equipment upon delivery. You must report any damage, defects, or discrepancies within 24 hours of delivery. Claims reported after this period will not be accepted, and you will be responsible for any damage.

2.3 Equipment Condition

All equipment is provided in good working order. The Customer accepts the equipment "as is" at the time of delivery and assumes full responsibility for its condition and maintenance during the rental period.

2.4 Permitted Use

Equipment must be used solely for the purposes specified in the rental agreement and in accordance with:

• All manufacturer's instructions and safety guidelines
• UK Health and Safety at Work etc. Act 1974
• All applicable laws and regulations
• Any specific operational instructions provided by the Company

Misuse, abuse, or operation contrary to these terms will result in immediate termination of the rental agreement and forfeiture of rental fees, plus liability for damages.

2.5 Operator Requirements

The Customer must ensure that all operators are:

• Competent and properly trained for the equipment being used
• Holding appropriate licenses or certifications (e.g., CSCS card, NPORS certification, driving license)
• In good physical and mental condition to operate the equipment safely
• Not under the influence of alcohol or drugs

The Company reserves the right to refuse operation if safety concerns exist.

3. Damage Liability and Insurance

3.1 Customer Responsibility

The Customer is fully responsible for any damage to or loss of the equipment during the rental period, including damage caused by:

• Accidental damage or misuse
• Negligence or operator error
• Lack of proper maintenance
• Exposure to weather or environmental damage
• Theft or vandalism (unless loss is due to our negligence)

3.2 Damage Assessment

Upon return, the Company will inspect the equipment and assess any damage. Repair costs will be charged to the Customer based on actual repair quotes from qualified technicians. If the equipment cannot be economically repaired, the Customer may be liable for the full replacement cost.

3.3 Insurance Requirement

The Customer must maintain comprehensive insurance coverage for all hired equipment during the entire rental period. This insurance must:

• Cover the full replacement value of the equipment
• Cover third-party liability (minimum £10 million)
• Cover accidental damage and loss
• Name 4D Plant Hire Limited as an interested party

Proof of insurance must be provided before equipment is released. The Customer is responsible for any uninsured losses.

3.4 Damage Waiver Option

The Company may offer an optional Damage Waiver (insurance) at an additional cost. This waiver may limit the Customer's liability for accidental damage, subject to:

• A specified excess amount per incident
• Exclusions for deliberate misuse, theft, or loss of equipment
• Maximum coverage limits
• Terms and conditions specified in the Waiver agreement

4. Payment Terms

4.1 Pricing and Quotations

All quotations are valid for 30 days from the date of issue, unless otherwise stated. Prices are subject to change without notice. The final invoice price is the price in effect at the time of order placement.

4.2 Charges

Rental charges include:

• Equipment rental at the quoted daily/weekly/monthly rate
• Standard delivery and collection within 25 miles of our depot
• Basic fuel (diesel generators and compressors)

Additional charges may apply for:

• Delivery beyond 25 miles (calculated per mile)
• Extended rental periods or weekend/holiday usage
• Operator or training services
• Fuel beyond the basic allowance
• Damage repairs and assessments

4.3 Payment Method and Timing

Payment terms are specified in each quotation. Generally:

• A deposit (typically 50%) is required to confirm the rental
• The balance is due upon delivery or as specified in the quotation
• We accept bank transfers, credit cards, and cheques

4.4 Late Payment

If the Customer fails to pay by the due date:

• The Company may suspend services or demand immediate return of equipment
• Interest may be charged at 8% per annum above the Bank of England base rate
• The Company may recover legal costs and debt collection fees

4.5 VAT

All prices are subject to VAT at the applicable rate. VAT will be added to the final invoice.

5. Cancellation and Early Return

5.1 Cancellation by Customer

Customers may cancel a rental agreement by providing written notice to the Company:

• More than 14 days before delivery: Full refund of deposit minus administrative fee (£50)
• 7-14 days before delivery: 50% of rental fee forfeited, remainder refunded
• Less than 7 days before delivery: No refund; full payment required
• After equipment delivery: Equipment must be returned within 24 hours or full rental charged

5.2 Early Return

Equipment returned early will incur charges for the full agreed rental period unless written agreement to reduce charges is provided before return. A credit may be applied if the equipment can be immediately rented to another customer.

5.3 Company's Right to Terminate

The Company may terminate the rental agreement immediately and demand return of equipment if:

• The Customer breaches any material term of this agreement
• Equipment is being used dangerously or illegally
• Payment is overdue by more than 7 days
• The Customer fails to maintain insurance coverage
• The equipment poses a safety risk

6. Delivery and Collection

6.1 Delivery

The Company will use reasonable efforts to deliver equipment on the specified date. However, the Company is not liable for delays caused by traffic, weather, or circumstances beyond its reasonable control. The Customer must ensure someone is present to receive the equipment.

6.2 Site Conditions

The Customer must ensure the delivery and collection site has:

• Safe access for our delivery vehicle
• Level, stable ground suitable for equipment placement
• Adequate space for equipment operation and maneuvering
• Proper site security and insurance

6.3 Equipment Collection

The Customer must have the equipment ready and accessible for collection on the specified date. If equipment is not ready or accessible:

• The Customer will incur a collection charge (typically £50+)
• Continued rental charges will apply
• Multiple collection attempts may be required, each incurring additional charges

6.4 Transport Responsibility

The Company is responsible for delivering and collecting equipment in working condition, barring damage caused by the Customer. The Customer is responsible for securing and protecting equipment during the rental period.

7. Maintenance and Support

7.1 Customer Maintenance Responsibility

The Customer is responsible for:

• Daily equipment checks and basic maintenance (cleaning, fuel checks)
• Reporting mechanical issues immediately to the Company
• Protecting equipment from weather and environmental damage
• Keeping equipment in clean, operational condition

7.2 Company Support

The Company will provide:

• Technical support during normal business hours (Mon-Fri 9am-5pm)
• Emergency breakdown assistance (if included in rental agreement)
• Basic repairs or equipment replacement if breakdown is due to manufacturing defect

7.3 Breakdown Assistance

If equipment breaks down during the rental period due to mechanical fault, contact the Company immediately. Emergency repairs will be arranged at no additional cost if breakdown is due to manufacturing defect. If breakdown is due to Customer negligence or misuse, repair costs will be charged to the Customer.

8. Limitation of Liability

8.1 Exclusion of Consequential Damages

To the fullest extent permitted by law, the Company will not be liable for:

• Loss of profits or revenue
• Loss of business or employment
• Loss of or damage to data
• Lost opportunities or missed deadlines
• Any indirect, incidental, or consequential damages

8.2 Limitation Cap

Except for personal injury claims and liability for death, the Company's total liability under any rental agreement will not exceed the total rental charges paid by the Customer.

9. Health and Safety

9.1 Legal Compliance

The Customer must comply with all UK Health and Safety legislation, including:

• Health and Safety at Work etc. Act 1974
• Management of Health and Safety at Work Regulations 1999
• Equipment Provision and Use Regulations 1998
• Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)
• Control of Dust and Silica Exposure Regulations

9.2 Safe Operation

All equipment must be operated:

• In accordance with manufacturer's instructions
• With proper safety equipment and personal protective equipment (PPE)
• By trained and competent operators only
• In compliance with all safety guidelines

9.3 Incident Reporting

The Customer must immediately report any accidents, injuries, near-misses, or incidents to the Company and to the relevant authorities where required by law.

10. Intellectual Property

All equipment and brand names are the property of the Company or third parties. The Customer has no rights to the equipment beyond the rental period granted in this agreement.

The Customer may not:

• Modify, alter, or remove the Company's branding
• Copy equipment designs or specifications
• Use the Company's intellectual property beyond the scope of the rental agreement

11. Dispute Resolution

11.1 Governing Law

These Terms and all rental agreements are governed by and construed in accordance with the laws of England and Wales, without regard to conflicts of law principles.

11.2 Jurisdiction

Both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales for any disputes arising from these Terms or rental agreements.

11.3 Dispute Resolution Procedure

Before initiating legal proceedings, the parties agree to attempt to resolve disputes informally through good faith negotiation and correspondence.

12. Confidentiality

Both parties will maintain the confidentiality of proprietary information shared during the rental agreement. This does not apply to information that is publicly available or required to be disclosed by law.