Atlas Ground Protection Ltd – Terms & Conditions for the Hire of Temporary Equipment

(Amended from CPA Model Conditions)

Effective Date: 30/01/2025

These Terms and Conditions apply to all hires of temporary ground protection equipment (the “Equipment”) from Atlas Ground Protection Ltd (the “Owner”) to any customer (the “Hirer”).

  1. DEFINITIONS

“Owner” – Atlas Ground Protection Ltd, whose principal place of business is [Insert Address].

“Hirer” – The person, company, or organisation hiring the Equipment.

“Equipment” – All items of temporary ground protection or related products hired out by the Owner to the Hirer.

“Site” – The location where the Equipment is delivered, used, or stored.

“Contract” – The agreement for the hire of Equipment, incorporating these terms.

  1. BASIS OF CONTRACT

2.1 All Equipment is hired out under these conditions, which shall apply to the exclusion of any terms put forward by the Hirer. No variation shall be effective unless agreed in writing by both parties.

2.2 The Hirer shall be deemed to have accepted these terms by placing an order, accepting delivery, or making payment.

  1. COMMENCEMENT AND DURATION

3.1 The hire period commences from the time the Equipment leaves the Owner’s premises and continues until it is returned to the Owner or collected, and the Owner has given written confirmation of off-hire.

  1. DELIVERY AND COLLECTION

4.1 The Owner will use reasonable efforts to deliver and collect Equipment at agreed times but shall not be liable for any delays due to circumstances beyond its control.

4.2 The Hirer must ensure the Site is accessible and safe for delivery and collection. Waiting time, aborted deliveries, or restricted site access may incur additional charges.

4.3 Upon receiving an off-hire notice from the Hirer, Atlas Ground Protection Ltd shall have up to seven (7) working days to collect the Equipment from the Site. Hire charges will not accrue beyond the seventh working day after valid off-hire notification, provided the Hirer has complied with clause 4.2.

4.4 If the Hirer requests collection before the end of the 7-day period, Atlas Ground Protection Ltd will use reasonable efforts to accommodate early collection but does not guarantee earlier pickup.

  1. RESPONSIBILITIES OF THE HIRER

5.1 The Hirer shall:

  • Keep the Equipment in good condition and use it only for its intended purpose.
  • Ensure that the Equipment is used safely, in accordance with any instructions provided.
  • Protect the Equipment from damage, theft, or loss.
  • Notify the Owner immediately in the event of any loss, damage, or accident.

5.2 The Hirer must not:

  • Move the Equipment from the Site without the Owner’s prior consent.
  • Sub-hire or lend the Equipment to any third party.
  1. MAINTENANCE AND INSPECTION

6.1 The Hirer shall inspect the Equipment upon delivery and notify the Owner of any defects within 24 hours.

6.2 The Owner reserves the right to inspect the Equipment during the hire period and may enter the Site for this purpose.

  1. DAMAGE, LOSS, AND INSURANCE

7.1 The Hirer is responsible for all loss, theft, or damage to the Equipment during the hire period.

7.2 The Hirer must insure the Equipment on an “all risks” basis for the duration of the hire and provide evidence of such insurance upon request.

7.3 If Equipment is damaged or lost, the Hirer shall pay:

  • The cost of repairs or replacement;
  • Hire charges until repair/replacement is completed.
  1. HIRE CHARGES AND PAYMENT

8.1 Charges shall be as agreed in writing or in the Owner’s current price list. Prices exclude VAT unless stated otherwise.

8.2 Hire charges will accrue during weekends and bank holidays unless otherwise agreed.

8.3 Invoices are payable within 30 days unless otherwise specified. Late payments may incur interest at 8% per annum above the Bank of England base rate.

  1. TERMINATION

9.1 The Owner may terminate the Contract immediately if:

  • The Hirer fails to pay any sum when due.
  • The Hirer breaches any material term of the Contract.
  • The Hirer becomes insolvent or ceases to trade.

9.2 Upon termination or valid off-hire, the Hirer must ensure that the Equipment is safely stored and accessible for collection. Atlas Ground Protection Ltd shall have up to seven (7) working days to collect the Equipment, during which time the Hirer shall remain responsible for its safekeeping but not liable for further hire charges.

  1. LIMITATION OF LIABILITY

10.1 The Owner is not liable for:

  • Loss of profit, business, or anticipated savings.
  • Indirect or consequential loss.
  • Delays caused by late delivery or collection.

10.2 The Owner’s liability for direct damage is limited to the amount paid under the Contract.

  1. FORCE MAJEURE

The Owner shall not be liable for failure to perform due to causes beyond its reasonable control, including but not limited to strikes, adverse weather, war, or supplier delays.

  1. GOVERNING LAW AND JURISDICTION

These Terms are governed by English law. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

  1. GENERAL

13.1 If any provision is found to be invalid, the remaining terms shall continue in full force.

13.2 The Owner may assign its rights or obligations without the Hirer’s consent. The Hirer may not do so without prior written consent.

Atlas Ground Protection Ltd
🌐 www.atlasgroundprotection.co.uk