Terms & Conditions

B2B
 

THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 11 (LIMITATION OF LIABILITY).

1. INTRODUCTION
   1.1. This page sets out the Terms (as defined below) which apply to
   all Services supplied by HOODLIFTERS to the Hirer, as more specifically
   set out in any Proposal in respect of the relevant Equipment.
   1.2. Each Agreement between the parties is made up of: (i) these
   Terms; (ii) the Proposal issued by HOODLIFTERS to the Hirer in
   connection with the relevant Equipment; and (iii) any other written
   document either issued by HOODLIFTERS (and expressly referring to and
   incorporating itself into the Agreement) or any amendments or
   supplements to the Agreement signed and agreed in writing between
   the parties. Together the above documents shall constitute and be
   known as the Agreement and form the contract between the Hirer and
   HOODLIFTERS to the exclusion of any other terms that the Hirer may
   seek to impose or incorporate, or which are implied by trade, custom,
   practice or course of dealing.
   1.3. When construing the meaning of the Agreement, the documents
   forming the Agreement shall, unless otherwise stated in the Proposal,
   be interpreted in the order of priority as listed in clause 1.2 in the event
   of any inconsistency or conflict, with documents appearing earlier in
   the list taking priority over documents appearing later in the list, unless
   otherwise expressly stated in those documents.
   1.4. The Hirer should keep, print or save a copy of these Terms for
   its records.
   1.5. Any quotation given by HOODLIFTERS shall not constitute an offer,
   and is only valid for a period of 20 Business Days from its date of
   issue.
   1.6. Any order placed by the Hirer shall only be deemed to be
   accepted upon HOODLIFTERS' written approval or HOODLIFTERS taking
   steps to perform its obligations under the Agreement, at which point
   and on which date the Agreement shall come into existence.
   1.7. HOODLIFTERS may amend these Terms from time to time at its
   sole discretion. Every time the Hirer signs or agrees a new Proposal
   for the rental of specific Equipment, it should check these Terms to
   ensure that it understands the terms which will apply to the Agreement
   at that time. This version 1 of these Terms was most recently updated
   on 28 June 2023.

2. INTERPRETATION
   2.1. The following definitions and rules of interpretation apply in the
   Agreement:
   Acceptance Certificate means such reports as to the condition of the
   Equipment issued by HOODLIFTERS from time to time upon the collection
   or delivery of the equipment to or from HOODLIFTERS custody which,
   when signed or accepted on behalf of the Hirer, will be conclusive
   evidence as to the condition of the relevant item of Equipment at the
   date of the relevant report;
   Agreement means the agreement between HOODLIFTERS and the Hirer
   for Services incorporating the documents listed in the definition set out
   in more detail in clause 1.2;
   Business Day means a day other than a Saturday, Sunday or public
   holiday in Northern Ireland when banks in Belfast are open for
   business;
   Charges means the charges payable by the Hirer for the Services, as
   set out in the Proposal and any other amounts as agreed in writing
   from time to time by the parties for additional services;
   Commencement Date means the date specified in the Proposal;
   Consumer Prices Index or CPI means the Consumer Prices Index as
   published by the UK office for National Statistics;
   Delivery means the transfer of physical possession (but not
   ownership) of the Equipment to the Hirer;
   Deposit means the deposit amount, which is set out in the Proposal,
   either in terms of cash or credit;
   Equipment means any equipment that may be provided by
   HOODLIFTERS to the Hirer as part of the Services, as more particularly set out
   in the relevant Proposal, and all substitutions, replacements or
   renewals of such equipment and all related keys, removeable
   equipment, accessories, ancillary equipment, manuals and instructions
   which may be supplied with or in connection with the same;
   Hire Period means the period specified as such in the Proposal;
   Hirer means the individual or legal person with whom HOODLIFTERS has
   entered into the Agreement, on whose behalf the Proposal has been
   signed (if applicable);
   HOODLIFTERS means HOODLIFTERS Limited, a company registered in
   Northern Ireland with company number [X] [Note: please insert
   details once your company has been incorporated];
   Owner means the owner of the Premises and/or Equipment (other
   than HOODLIFTERS), with whom HOODLIFTERS has entered into an
   arrangement to lease or finance the Premises and/or Equipment;
   Payment Schedule means the payment schedule agreed in the
   Proposal which sets out the sums payable under the Agreement and
   the means by which such sums are to be paid;
   Premises means the premises specified in the Proposal;

Proposal means the rental agreement form signed between
HOODLIFTERS and Hirer in respect of any specific order for the rental of
Premises and Equipment made pursuant to these Terms;
Return Conditions in respect of the Equipment means the same
operating order repair and condition as when delivered to the Hirer
(ordinary wear and tear accepted) and any other conditions as
specified by HOODLIFTERS in the Proposal;
Services means the provision of access and use of Equipment and
the Premises by HOODLIFTERS to the Hirer, as further specified in the
Proposal;
Terms means these general terms and conditions of HOODLIFTERS;
Total Loss means the Equipment is, in HOODLIFTERS' reasonable
opinion or the opinion of its insurer(s), damaged beyond repair, lost,
stolen, seized or confiscated;
Vehicle means the vehicle specified in the Proposal.
VAT means value added tax chargeable under the Value Added Tax
Act 1994; and
2.2. Clause headings shall not affect the interpretation of the
Agreement.
2.3. A person includes a natural person, corporate or unincorporated
body (whether or not having separate legal personality) and that
person's legal and personal representatives, successors and permitted
assigns.
2.4. A reference to a company shall include any company,
corporation or other body corporate, wherever and however
incorporated or established.
2.5. Unless the context otherwise requires, words in the singular
shall include the plural and vice versa.
2.6. Unless the context otherwise requires, a reference to one
gender shall include a reference to the other genders.
2.7. A reference to a statute or statutory provision is a reference to it
as amended, extended or re-enacted from time to time.
2.8. A reference to a statute or statutory provision shall include all
subordinate legislation made from time to time under that statute or
statutory provision.
2.9. A reference to writing or written may include fax or e-mail.
2.10. Any obligation on a party not to do something includes an
obligation not to allow that thing to be done.
2.11. A reference to the Agreement or to any other agreement or
document referred to in the Agreement is a reference to the
Agreement or such other agreement or document as varied or novated
(in each case, other than in breach of the provisions of the Agreement)
from time to time.
2.12. References to clauses are to the clauses of these Terms.
2.13. Any words following the terms including, include, in particular,
for example or any similar expression shall be construed as illustrative
and shall not limit the sense of the words, description, definition,
phrase or term preceding those terms.
3. RENTAL PERIOD
3.1. The Hire Period starts on the Commencement Date and, without
prejudice to the survival of any obligation upon Hirer to make any
payment to HOODLIFTERS under this Agreement, shall end upon the End
Date unless otherwise terminated in accordance with the terms of this
Agreement.
4. EQUIPMENT HIRE, DELIVERY, ISSUES CHECKLIST AND RETURN – THE
HIRER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
4.1. HOODLIFTERS shall provide the Services to the Hirer, in
accordance with the terms of the Agreement.
4.2. Equipment is hired subject to it being available for hire to the
Hirer at the time required by the Hirer. HOODLIFTERS will not be liable for
any loss suffered by the Hirer as a result of the Equipment being
unavailable for hire for any reason, including (without limitation) where
the Equipment is unavailable due to circumstances beyond
HOODLIFTERS’ control.
4.3. HOODLIFTERS shall not, other than in the exercise of its rights
under the Agreement or applicable law, interfere with the Hirer's quiet
possession of the Equipment so long as the Hirer is neither in default
of any payment obligations under this Agreement, nor is in breach of
any of the covenants on its part to perform this Agreement.
4.4. HOODLIFTERS shall use all reasonable endeavours to effect
Delivery by the date and time agreed between the parties. Risk shall
transfer between the parties in accordance with clause 5.
4.5. It is the responsibility of the Hirer to examine the Equipment
immediately on its Delivery to the Hirer and ensure that the Equipment
is of the specification required by the Hirer and in all respects suitable
for the purpose for which the Hirer intends to use the Equipment for
which purpose and appropriateness HOODLIFTERS takes no
responsibility. The Hirer shall procure that a duly authorised
representative of the Hirer shall be present at the Delivery of the
Equipment. Acceptance of Delivery by such representative shall
constitute conclusive evidence that the Hirer has examined the Equipment and has found it to be in good condition, complete and fit in
every way for the purpose for which it is intended. If required by
HOODLIFTERS, the Hirer's duly authorised representative shall sign an
Acceptance Certificate confirming such acceptance. The Hirer
warrants to HOODLIFTERS that any representative who signs the
Acceptance Certificate for Hirer is duly authorised on behalf of the
Hirer to bind it to the terms of this agreement and that each person
collecting or returning the equipment is duly authorised on behalf of the
Hirer to sign HOODLIFTERS’ Acceptance Certificate.
4.6. Any defects, damage or mechanical malfunction must be noted
to HOODLIFTERS in writing by the Hirer when taking Delivery on the
Equipment checklist provided by HOODLIFTERS, and such checklist
provided to HOODLIFTERS and signed off by both parties. Any defects,
damage or malfunctions arising during the Hire Period, save to the
extent that HOODLIFTERS (acting reasonably) determines that these
arose due to fair wear and tear, which were not noted on such
checklist at Delivery and signed off by both parties, shall be deemed to
have been caused by the Hirer and the Hirer shall be liable to
compensate HOODLIFTERS on demand for same (and any credit or
charge card may be charged or deducted to account for same).
4.7. At the end of the Hire Period in respect of the Equipment noted
on the Proposal, the Hirer shall return the Equipment to HOODLIFTERS at
the location noted on the Proposal (which may be a Return Depot or, if
not otherwise stated on the Proposal, at HOODLIFTERS’ premises from
time to time). The Hirer shall ensure that the Equipment fully complies
with the Return Conditions at the time of return of the Equipment.
5. TITLE, RISK AND INSURANCE
5.1. The Equipment shall at all times remain the property of
HOODLIFTERS (or the Owner), and the Hirer shall not have or acquire any
right, title or interest in or to the Equipment (save the right to
possession and use of the Equipment subject to the terms and
conditions of the Agreement).
5.2. Risk in the Equipment shall pass to the Hirer at the time of
Delivery. The Equipment shall remain at the sole risk of the Hirer
during the Hire Period and any further term during which the
Equipment is in the possession, custody or control of the Hirer (Risk
Period) until such time as the Equipment is redelivered to
HOODLIFTERS in accordance with clause 6.4.
5.3. During the Hire Period and the Risk Period, it is a condition of
this Agreement that the Hirer shall at its own expense, obtain and
maintain the following insurances with a reputable insurance company:
(a) comprehensive insurance for the Vehicle to a value not less than its
full replacement value comprehensively against all usual risks of loss,
damage or destruction by fire, theft or accident, and such other risks
as HOODLIFTERS may from time to time nominate in writing; (b) any other
insurance for such amounts as a prudent owner or operator of the
Vehicle would insure for, or such amount as HOODLIFTERS may from
time to time reasonably require, to cover any third party or public
liability risks of whatever nature and however arising in connection with
the Vehicle; and (c) insurance against such other or further risks
relating to the Equipment as may be required by law, together with
such other insurance as HOODLIFTERS may from time to time consider
reasonably necessary and advise to the Hirer.
5.4. The Hirer shall, without undue delay, give written notice to
HOODLIFTERS in the event of any loss, accident, breakdown or damage to the
Equipment arising out of or in connection with the Hirer's possession or
use of the Equipment.
5.5. If the Hirer fails to effect or maintain any of the insurances
required under the Agreement, HOODLIFTERS shall be entitled to effect
and maintain the same, pay such premiums as may be necessary for
that purpose and recover the same as a debt due from the Hirer.
5.6. The Hirer shall, on demand, supply copies of the relevant
insurance policies or other insurance confirmation acceptable to
HOODLIFTERS and proof of premium payment to HOODLIFTERS to confirm the
insurance arrangements.
6. LICENCE AND USE OF PREMISES
6.1. Subject to clause 12, HOODLIFTERS grants the Hirer a non-
exclusive right for the Hire Period to enter and use the Premises in
accordance with the terms of this Agreement. HOODLIFTERS reserves the
right to use any part of the Premises, which will not interfere with the
Services at any time during the Hire Period.
6.2. The Hirer acknowledges that:
a) the Hirer shall have the right to enter and use the Premises as a
licensee only and no relationship of a landlord and tenant is created
between HOODLIFTERS and Hirer by this agreement; and
b) HOODLIFTERS retains superintendence, control, possession and
management of the Premises, including the right to refuse admission
to any person, and the Hirer has no right to exclude HOODLIFTERS from
the Premises. HOODLIFTERS reserves the right to enter the Premises at
all times during the Hire Period, including to supply the Services.
6.3. For the avoidance of doubt, nothing in this Agreement shall be
construed as bestowing upon the Hirer a tenancy or leasehold interest

in the Premises. Any occupancy of the Premises by the Hirer is
temporary and does not grant the Hirer the same legal rights and
protections afforded to tenants under tenancy or leasehold
agreements. The Hirer shall have no claim, rights, or entitlements
beyond the Hire Period, and the party shall immediately vacate the
premises upon the expiration or termination of this Agreement.
7. HIRER’S OBLIGATIONS
7.1. The Hirer warrants and undertakes:
a) not to use the Premises other than during the Hire Period and for
the purposes contemplated by this Agreement;
b) not to do or permit to be done anything on the Premises which is
illegal or which may be or become a nuisance (whether actionable or
not), annoyance, inconvenience or disturbance to HOODLIFTERS or to
any other Hirers of HOODLIFTERS, or any owner or occupier of
neighbouring property;
c) to obtain all licence consents or approvals which may be
required for its use of the Premises;
d) to comply (and ensure that its staff, performers and agents)
comply with HOODLIFTERS’ applicable health and safety rules and/or
policies. Hirer will produce to HOODLIFTERS, on HOODLIFTERS’ demand,
all documentation required under the applicable health and safety
legislation;
e) to comply (and ensure that its employees and agents comply)
with the terms of this Agreement any instructions or notices from
HOODLIFTERS and any applicable HOODLIFTERS policies;
f) not to cause or permit to be caused any damage to the
Premises, including any fixtures at the Premises. The cost of any
repairs to or cleaning of or decorating of the Premises resulting from
damage by the Hirer, its agents, or employees whether deliberate or
accidental will be payable by the Hirer. All costs to HOODLIFTERS
associated with making good of the Premises will be invoiced to the
Hirer in full and payable by the Hirer in accordance with the payment
terms stated on such invoice;
g) not to smoke or permit smoking (including e-cigarettes)
anywhere in the Premises without the prior written consent of
HOODLIFTERS;
h) not to use or permit the use of any spirit stove, candles, lamps,
or inflammable cleansing preparation or spirits of any nature in the
Premises;
i) not to fix any bolts, nails, tacks, screws, adhesives, tape or other
such fixing devices to the walls of the Premises;
j) not to display any advertisement, signboards, flag, banner,
placard, poster, signs or notices at the Premises without the prior
written consent of HOODLIFTERS;
k) not to alter, move or interfere with any lighting, heating, power,
cabling or other electrical fittings or appliances at the Premises, or
install or use additional heating, power, cabling or other electronic
fittings or appliances without the prior written consent of HOODLIFTERS;
l) not to use any naked flame without the prior written consent of
HOODLIFTERS;
m) to ensure that all workplaces, and passages etc, in all parts of
the Premises shall be kept perfectly clear and free from all obstructions
of any kind whatsoever during the Hire Period to prevent risk in case of
sudden alarm or accident;
n) to leave the Premises in a clean and tidy condition and to
remove the Vehicle and any other Hirer equipment from the Premises
at the end of the Hire Period or any time notified to the Hirer by
HOODLIFTERS in writing. HOODLIFTERS shall not be liable for any loss or
damage to any such property. Any failure by Hirer to remove such
property by the relevant deadline will entitles HOODLIFTERS to remove of
any such property.
7.2. The Hirer further warrants and undertakes that it shall during the
term of the Agreement:
a) use the Equipment with reasonable skill and care in accordance
with all appropriate legislation including any relating to health and
safety and ensure that the Equipment is kept and operated in a
suitable manner, which shall as a minimum meet the requirements set
out in the relevant manufacturer’s manuals or specifications, used only
for the purposes for which it is designed, and operated in a proper
manner by trained competent staff in accordance with any operating
instructions provided by either HOODLIFTERS or the Equipment
manufacturer;
b) not use or continue to use Equipment which has been damaged
and will notify HOODLIFTERS immediately if the Equipment is involved in
an accident resulting in damage to the Equipment, other property
and/or injury to any person;
c) take such steps (including compliance with all safety and usage
instructions provided by HOODLIFTERS) as may be necessary to ensure,
so far as is reasonably practicable, that the Equipment is at all times
safe and without risk to health when it is being set, used, cleaned or
maintained by a person at work;

d) provide the Equipment on request for the routine servicing
agreed and undertaken by HOODLIFTERS, and notify HOODLIFTERS of any
issues with the Equipment rendering it in any condition other than good
working order (fair wear and tear excepted);
e) make no alteration to the Equipment and not remove any
existing component(s) from the Equipment without the prior written
consent of HOODLIFTERS;
f) keep HOODLIFTERS fully informed of all material matters relating to
the Equipment;
g) at all times keep the Equipment in the possession or control of
the Hirer and shall not remove the Equipment from the Premises;
h) permit HOODLIFTERS or its duly authorised representative to
inspect the Equipment at all reasonable times;
i) not, without the prior written consent of HOODLIFTERS, part with
control of (including for the purposes of repair or maintenance), sell or
offer for sale, underlet or lend the Equipment or allow the creation of
any mortgage, charge, lien or other security interest in respect of it;
j) not, without the prior written consent of HOODLIFTERS, attach the
Equipment to any land or building so as to cause the Equipment to
become a permanent or immovable fixture on such land or building. If
the Equipment does become affixed to any land or building then the
Equipment must be capable of being removed without material injury
to such land or building and the Hirer shall repair and make good any
damage caused by the affixation or removal of the Equipment from any
land or building and indemnify HOODLIFTERS against all losses, costs or
expenses incurred as a result of such affixation or removal;
k) not do or permit to be done any act or thing which will or may
jeopardise the right, title and/or interest of HOODLIFTERS in the
Equipment and, where the Equipment has become affixed to any land
or building, the Hirer must take all necessary steps to ensure that
HOODLIFTERS may enter such land or building and recover the Equipment
both during the term of the Agreement and for a reasonable period
thereafter, including by procuring from any person having an interest in
such land or building, a waiver in writing and in favour of HOODLIFTERS
of any rights such person may have or acquire in the Equipment and a
right for HOODLIFTERS to enter onto such land or building to remove the
Equipment;
l) not suffer or permit the Equipment to be confiscated, seized or
taken out of its possession or control under any distress, execution or
other legal process, but if the Equipment is so confiscated, seized or
taken, the Hirer shall notify HOODLIFTERS immediately (and notify the
third party confiscating or otherwise seizing the Equipment that it is
owned by HOODLIFTERS) and the Hirer shall at its sole expense use its
best endeavours to procure an immediate release of the Equipment
and shall indemnify HOODLIFTERS on demand against all losses, costs,
charges, damages and expenses incurred as a result of such
confiscation, and will continue to pay the Charges for the Vehicle until
it is returned to HOODLIFTERS, or at HOODLIFTERS’ option, pay
HOODLIFTERS the Total Loss value of the Equipment;
m) not use the Equipment for any unlawful purpose or in any
manner infringing any statute, regulation or order relating to the driving
and or use of the Equipment (whether in relation to carriage of goods
or otherwise) so as to cause danger to the public or to persons in or on
the equipment or risk damage to the Equipment or in any manner
which may render the Equipment liable to seizure confiscation or
detention;
n) ensure that at all times the Equipment remains identifiable as
being HOODLIFTERS' property and wherever possible shall ensure that a
visible sign to that effect is attached to the Equipment;
o) deliver up the Equipment at the end of the Hire Period or on
earlier termination of the Agreement in such condition as HOODLIFTERS
requires, or if necessary allow HOODLIFTERS or its representatives
access to any premises where the Equipment is located for the
purpose of removing the Equipment;
p) not do or permit to be done anything which could invalidate the
insurances referred to in clause 5,
q) ensure that any persons, employees, agents or contractors of
the Hirer that operate the Equipment are, if applicable adequately and
sufficiently qualified, trained and experienced to operate the
Equipment in accordance with all current and applicable legislation. If
advice or information is sought from and given by HOODLIFTERS, the
Hirer understands and accepts that such advice or information is given
without responsibility and not to relieve or reduce the Hirer’s
requirement to make its own independent assessment relating to the
use of the Equipment; and
r) comply with any specifications, instructions or requirements as
set out in the Proposal or otherwise notified to the Hirer by
HOODLIFTERS.
7.3. The Equipment must be returned by the Hirer in good working
order and condition (save for fair wear and tear or an inherent
manufacturer defect) and in a clean condition together with all
documents relating to the Equipment. The Hirer shall not repair or

attempt to repair the Equipment without the prior written consent of
HOODLIFTERS.
7.4. The Hirer acknowledges that HOODLIFTERS shall not be
responsible for any loss of or damage to the Premises, Equipment
and/or the Vehicle arising out of or in connection with any negligence,
misuse, mishandling of the Premises, Equipment and/or the Vehicle or
otherwise caused by the Hirer or any third party or its or their officers,
employees, agents and contractors and the Hirer undertakes to
indemnify HOODLIFTERS on demand against the same, and against all
losses, liabilities, claims, damages, costs or expenses of whatever
nature otherwise arising out of or in connection with any failure by the
Hirer to comply with the terms of the Agreement.
8. RENTAL PAYMENTS, DEPOSIT AND CREDIT OR CHARGE CARD – THE HIRER’S
ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
8.1. The Hirer shall pay the Charges, and/or any other charges
chargeable by HOODLIFTERS as specified in the Proposal and in
accordance with the Payment Schedule. The Charges shall be paid in
the currency denominated in the Proposal.
8.2. Time is of the essence in relation to the payment of all sums
payable by the Hirer under this Agreement and a failure by the Hirer to
pay such sums when due will constitute a repudiatory breach of this
Agreement, for which HOODLIFTERS reserves all of its other rights.
8.3. The Charges are exclusive of VAT and any other applicable
taxes and duties or similar charges which shall be payable by the Hirer
at the rate and in the manner from time to time prescribed by law.
8.4. All amounts due under the Agreement shall be paid in full
without any set-off, counterclaim, deduction or withholding (other than
any deduction or withholding of tax as required by law).If any such
withholding is required to be made by the Hirer by law then the Hirer
shall pay such additional amounts as Charges to ensure that the
amount which HOODLIFTERS receives is the full cash amount as would
otherwise be expected to be made under the Agreement.
8.5. If the Hirer fails to make any payment due to HOODLIFTERS under
the Agreement by the due date for payment, then, without limiting
HOODLIFTERS' remedies under clause 13, the Hirer shall pay interest on the
overdue amount at the rate of 12% per annum above the Bank of
England’s base rate from time to time, compounded monthly. Such
interest shall accrue on a daily basis from the due date until actual
payment of the overdue amount, whether before or after judgment.
The Hirer shall pay the interest together with the overdue amount.
8.6. If demanded the Hirer shall, on the date of signature of the
Proposal, or such other date as is agreed in the Proposal, pay any
Deposit set out in the relevant Proposal to HOODLIFTERS, or (if agreed by
HOODLIFTERS) provide details of a credit or charge card to HOODLIFTERS.
The Deposit may take several forms depending on the nature and
value of the Equipment in question, including: (a) a prepayment,
payable on or before the commencement of the Hire Period, consisting
of a reservation deposit which will be forfeited in the event of a
cancellation of the reservation before the Hire Period commences; (b)
an estimated rental computed on the basis of the time charge relevant
to the reserved dates; and/or (c) a deposit against default by the Hirer
of payment of any Charges or any loss of or damage caused to the
Equipment.
8.7. If the Hirer fails to make any Charges in accordance with the
Payment Schedule, or causes any loss or damage to the Equipment
(in whole or in part), HOODLIFTERS shall be entitled to apply the Deposit
or charge the credit card or charge card against such default, loss or
damage, with immediate effect without affecting the obligation upon
the Hirer to pay all amounts in excess of the Deposit and without
prejudice to any other right of HOODLIFTERS. Any amounts deducted
from the Hirer’s credit or charge card may be set off against any final
assessment of Charges due upon termination or expiry of the
Agreement.
9. WARRANTY
9.1. Save as provided under these Terms, all warranties,
representations, terms, conditions and duties implied by law relating to
fitness, quality and/or adequacy are excluded to the fullest extent
permitted by law.
9.2. HOODLIFTERS warrants that the Equipment shall substantially
conform to the relevant manufacturer’s specification (as made
available to HOODLIFTERS), be of satisfactory quality and reasonably fit
for its intended purpose for the duration of the Hire Period (fair wear
and tear accepted). The Hirer’s only remedy for breach of the
foregoing warranty shall be for HOODLIFTERS, at its sole discretion, to
use reasonable endeavours to: (a) repair the Equipment; (b) replace
the Equipment with equipment of an equivalent or similar specification;
or (c) reduce the Charges of the relevant Equipment by a sum which
HOODLIFTERS considers, acting in its sole discretion, considers to be fair
in the circumstances. These are the Hirer’s only remedy for a breach
of clause

9.3. HOODLIFTERS shall have no liability in respect of obligations under
this clause if any Charges or other monies due in respect of the
Services have not been paid in full by the due date for payment.
9.4. The Hirer shall give HOODLIFTERS a reasonable opportunity to
remedy any matter for which HOODLIFTERS is liable before the Hirer
incurs any costs and/or expenses in remedying the matter itself and
shall, at all times, take all available steps to mitigate its and third
parties’ damages and losses. If the Hirer does not do so HOODLIFTERS
shall have no liability to the Hirer.
10. INDEMNITY
10.1. Hirer shall indemnify HOODLIFTERS against all liabilities, claims,
costs, expenses, damages and losses (including but not limited to any
direct, indirect or consequential losses, loss of profit, loss of reputation
and all interest, penalties and legal costs (calculated on a full
indemnity basis) and all other reasonable professional costs and
expenses) suffered or incurred by HOODLIFTERS arising out of or in
connection with:
a) Hirer’s breach or negligent performance or non-performance of
this Agreement;
b) any injury to person or loss of life of or damage to or loss of
property arising from the actions and/or omissions of the Hirer, its
agents or any persons employed by Hirer in relation to the Premises
and/or Equipment.
11. LIABILITY – THE HIRER’S ATTENTION IS PARTICULARLY DRAWN TO THIS
CLAUSE
11.1. Without prejudice to clause 11.2, HOODLIFTERS' maximum
aggregate liability for breach of the Agreement (including any liability
for the acts or omissions of its employees, agents and subcontractors),
whether arising in contract, tort (including negligence),
misrepresentation or otherwise, shall in no circumstances exceed the
total amounts actually paid by the Hirer in respect of the Services
which are the subject of the breach over the period of 12 months
immediately preceding the date the relevant claim arose.
11.2. Nothing in the Agreement shall exclude or in any way limit:
a) either party's liability for death or personal injury caused by its
own negligence;
b) either party's liability for fraud or fraudulent misrepresentation; or
c) any other liability which cannot be excluded by law.
11.3. The Agreement sets forth the full extent of HOODLIFTERS'
obligations and liabilities in respect of the Services, Equipment and
and/or Premises. In particular, there are no conditions, warranties or
other terms, express or implied, including as to quality, fitness for a
particular purpose or any other kind whatsoever, that are binding on
HOODLIFTERS except as specifically stated in the Agreement. Any
condition, warranty or other term concerning the Services, Equipment
and/or Premises which might otherwise be implied into or incorporated
within the Agreement, whether by statute, common law or otherwise, is
expressly excluded.
11.4. Without prejudice to clause 11.2, we shall not in any
circumstances be liable to you, whether in contract, tort (including
negligence), breach of statutory duty or otherwise, for any loss of
profit, loss of contracts, loss of business or business opportunities, loss
of production, loss of turnover or revenue, loss of availability, loss of
anticipated savings, wasted expenditure, loss of reputation, loss of
goodwill or loss of use suffered or incurred directly or indirectly by you,
or for any consequential, indirect or special loss or damage howsoever
arising and of whatsoever nature (even if we had been advised of the
possibility of you incurring the same) or any punitive or exemplary
damages.
11.5. The Hirer acknowledges and accepts that HOODLIFTERS shall not
be liable for any damage caused to the Vehicle by Hirer or any other
person using the Services and/or Equipment.
11.6. HOODLIFTERS shall have no liability to the Hirer to the extent that
the Hirer is covered by any insurance policy entered into as a result of
the Agreement (or that should have been entered into by the Hirer as
required by the Agreement) and the Hirer shall ensure that the Hirer’s
insurer waive any and all rights of subrogation they may have against
HOODLIFTERS.
12. TERMINATION
12.1. Without affecting any other right or remedy available to it,
HOODLIFTERS may terminate the Agreement with immediate effect and
without liability by giving notice (by email, in writing or telephone) to the
Hirer if:
a) the Hirer fails to pay any amount due under the Agreement on
the due date for payment and remains in default not less than 14 days
after being notified in writing to make such payment;
b) the Hirer commits a material breach of any other term of the
Agreement which breach is irremediable or (if such breach is
remediable) fails to remedy that breach within a period of 14 days after
being notified in writing to do so;
c) the Hirer repeatedly breaches any of the terms of the Agreement
in such a manner as to reasonably justify the opinion that its conduct is

inconsistent with it having the intention or ability to give effect to the
terms of the Agreement;
d) the agreement between HOODLIFTERS and the Owner is
terminated, in respect of the Premises and/or Equipment, for any
reason;
e) any credit sale or hire purchase or any other lease agreement
entered by the Hirer and HOODLIFTERS is terminated early other than by
the Hirer under any contractual right given to it under any such
agreement;
f) the Hirer suspends, or threatens to suspend, payment of its
debts or is unable to pay its debts as they fall due or admits inability to
pay its debts or (being a company or limited liability partnership) is
deemed unable to pay its debts within the meaning of article 103 of the
Insolvency (Northern Ireland) Order 1989, or (being an individual) is
deemed either unable to pay its debts or as having no reasonable
prospect of so doing, in either case, within the meaning of article 242
of the Insolvency (Northern Ireland) Order 1989 or (being a
partnership) has any partner to whom any of the foregoing apply;
g) the Hirer commences negotiations with all or any class of its
creditors with a view to rescheduling any of its debts, or makes a
proposal for or enters into any compromise or arrangement with its
creditor;
h) a petition is filed, a notice is given, a resolution is passed, or an
order is made, for or in connection with the winding up of the Hirer
(being a company);
i) an application is made to court, or an order is made, for the
appointment of an administrator, or if a notice of intention to appoint an
administrator is given or if an administrator is appointed, over the Hirer
(being a company);the holder of a qualifying floating charge over the
assets of the Hirer (being a company) has become entitled to appoint
or has appointed an administrative receiver;
j) a person becomes entitled to appoint a receiver over the assets
of the Hirer or a receiver is appointed over the assets of the Hirer;
k) the Hirer (being an individual) is the subject of a bankruptcy
petition or order;
l) a creditor or encumbrancer of the Hirer attaches or takes
possession of, or a distress, execution, sequestration or other such
process is levied or enforced on or sued against, the whole or any part
of the Hirer's assets and such attachment or process is not discharged
within 14 days;
m) any event occurs, or proceeding is taken, with respect to the
Hirer in any jurisdiction to which it is subject that has an effect
equivalent or similar to any of the events mentioned in clause 12.1.e)
to clause 12.1.k) (inclusive);
n) the Hirer suspends or ceases, or threatens to suspend or cease,
carrying on all or a substantial part of its business;
o) the Hirer (being an individual) dies or, by reason of illness or
incapacity (whether mental or physical), is incapable of managing his
or her own affairs or becomes a patient under any mental health
legislation; or
12.2. For the purposes of clause 12.1.a), material breach means a
breach (including an anticipatory breach) that is serious in the widest
sense of having a serious effect on the benefit which HOODLIFTERS
would otherwise derive from:
a) a substantial portion of the Agreement; or
b) any of the obligations set out in clause 7, over the term of the
Agreement. In deciding whether any breach is material no regard shall
be had to whether it occurs by some accident, mishap, mistake or
misunderstanding.
12.3. The Agreement shall automatically terminate if a Total Loss
occurs in relation to the Equipment.
12.4. HOODLIFTERS is entitled to terminate the Agreement upon giving to
the Hirer any agreed period of notice. If no period of notice has been
agreed or specified, HOODLIFTERS shall be entitled to terminate the
Agreement by giving not less than one day notice to the other party.
13. CONSEQUENCES OF TERMINATION
12.1 Upon termination or expiry of the Agreement, however caused:
a) HOODLIFTERS' consent to the Hirer's possession of the
Equipment and licence to the Premises shall terminate;
b) without prejudice to any other rights or remedies of the Hirer, the
Hirer shall pay to HOODLIFTERS on demand all Charges and other sums
due but unpaid at the date of such demand together with any interest
accrued pursuant to clause 8.5.
13.2. Upon termination of the Agreement pursuant to clause 12.1, any
other repudiation of the Agreement by the Hirer which is accepted by
HOODLIFTERS or pursuant to clause 12.3, or expiry of the Agreement at
the end of the Hire Period, without prejudice to any other rights or
remedies of HOODLIFTERS, the Hirer shall: (a) ensure that the
Equipment, and the Premises together with all accessories and
equipment, are returned to HOODLIFTERS in good and proper condition
and in accordance with the Return Conditions, fair wear and tear
excepted (the Hirer must also sign a sheet and agree on any defects, damage or mechanical malfunction of any of the Equipment and/or
Premises which mean such Equipment and/or Premises is not in
accordance with the Return Conditions, and in such event the Hirer will
pay such excess and other Return Condition charges as are calculated
by HOODLIFTERS, in its discretion, including any costs and expenses
incurred by HOODLIFTERS to repair, clean or refurbish any of the
Equipment and/or Premises into the condition required by the Return
Conditions and the Hirer shall pay the Charges until such repairs,
cleaning and/or refurb have been completed); and (b) pay to
HOODLIFTERS on demand a sum equal to the whole of the Charges that
would (but for the termination) have been payable if the Agreement
had continued from the date of such demand to the end of the Hire
Period, less any discount calculated by HOODLIFTERS, in its discretion.
13.3. In the event of a dispute relating to the condition and/or
utilisation of the Equipment on its return, the Equipment shall be
examined by an expert of the National Body Repair Association or
another equivalent industry body, appointed at the request of either
party, of whose report on the condition and/or utilisation of the
Equipment shall be conclusive and binding on both parties. The
engineer shall act as an expert and its costs shall be borne by the
Hirer. Any time taken to settle such dispute may be charged to the
Hirer and may include any loss of value arising during the period from
the end of hire until sale of the equipment or settlement of the dispute
(whichever is earlier) unless the expert conclusively decides in favour
of the Hirer.
13.4. The sums payable pursuant to clause 13.b) shall be agreed
compensation for HOODLIFTERS' loss and shall be payable in addition to
the sums payable pursuant to clause 13.b). Such sums may be partly
or wholly recovered from any Deposit without waiver of HOODLIFTERS’ right
to receive the full amount owed by Hirer under this Agreement.
13.5. Termination or expiry of the Agreement shall not affect any
rights, remedies, obligations or liabilities of the parties that have
accrued up to the date of termination or expiry, including the right to
claim damages in respect of any breach of the Agreement which
existed at or before the date of termination or expiry.
13.6. If at any time whilst the Hirer has possession or control of
Equipment in accordance with the Agreement, all or any of the
Equipment is or becomes a Total Loss for insurance purposes the
Hirer shall immediately on demand by HOODLIFTERS pay, or cause to be
paid, to HOODLIFTERS: (a) all the insurance proceeds in respect of such
Equipment; (b) an amount in respect of the shortfall between the
insurance proceeds paid and the replacement value in respect of such
Equipment; (c) any arrears of the Charges as at the date of the Total
Loss occurring; (d) the Charges that would have been paid in the
remainder of the term of the Agreement but for the Total Loss; (e) any
amount charged by or due to the Owner in respect of the Equipment in
excess of the amounts payable under clauses 12.8(a) to 12.8(d)
inclusive (including without limitation financing charges) . Without
limitation of the above, the Hirer will continue to pay the Charges in
respect of the Vehicle until insurance proceeds are received by
HOODLIFTERS.
13.7. Any provision of this Agreement that expressly or by implication
is intended to come into or continue in force on or after termination or
expiry of this Agreement shall remain in full force and effect, including
(without limitation) including clauses 10, 11, 13, 15, 27 and 28.
14. FORCE MAJEURE
HOODLIFTERS shall not be in breach of the Agreement nor liable for
delay in performing, or failure to perform, any of its obligations under
the Agreement if such delay or failure result from events,
circumstances or causes beyond its reasonable control. In such
circumstances HOODLIFTERS shall be entitled to a reasonable extension
of the time for performing such obligations. If the period of delay or
non-performance continues for 4 weeks, HOODLIFTERS may terminate
the Agreement by giving 7 days' written notice to the Hirer.
15. CONFIDENTIAL INFORMATION
15.1. Each party undertakes that it shall not at any time during the
Agreement, and for a period of five years after termination of the
Agreement, disclose to any person any confidential information
concerning the business, affairs, customers, clients or suppliers of the
other party or of any member of the group of companies to which the
other party belongs, except as permitted by clause 15.2.
15.2. Each party may disclose the other party's confidential
information:
a) to its employees, officers, representatives or advisers who need
to know such information for the purposes of carrying out the party's
obligations under the Agreement. Each party shall ensure that its
employees, officers, representatives or advisers to whom it discloses
the other party's confidential information comply with this clause 15;
and
b) as may be required by law, a court of competent jurisdiction or
any governmental or regulatory authority

15.3. No party shall use any other party's confidential information for
any purpose other than to perform its obligations under the Agreement.
16. DATA PROTECTION
16.1. Each party shall, at its own expense, ensure that it complies with
and assists the other party to comply with the requirements of all
applicable data protection and privacy legislation in force from time to
time in the UK including (without limitation) the Data Protection Act
2018 (and regulations made thereunder), the retained EU law version
of General Data Protection Regulation ((EU) 2016/679), the Privacy
and Electronic Communications Regulations 2003.
16.2. In considering the Hirer’s application, HOODLIFTERS may use a
credit scoring system, and will search the Hirer’s record at credit
reference and fraud prevention agencies which will record the search.
Details provided by the Hirer and/or relating to this Agreement and/or
any default by the Hirer under this Agreement will be added to such
records. If the Hirer gives false or inaccurate information and
HOODLIFTERS suspects fraud HOODLIFTERS will record this.
17. ASSIGNMENT AND OTHER DEALINGS
The Agreement is personal to the parties and neither party shall
assign, transfer, mortgage, charge, subcontract, declare a trust over or
deal in any other manner with any of its rights and obligations under
the Agreement.
18. ENTIRE AGREEMENT
18.1. The Agreement constitutes the entire agreement between the
parties and supersedes and extinguishes all previous agreements,
promises, assurances, warranties, representations and understandings
between them, whether written or oral, relating to its subject matter.
18.2. Each party acknowledges that in entering into the Agreement it
does not rely on, and shall have no remedies in respect of, any
statement, representation, assurance or warranty (whether made
innocently or negligently) that is not set out in the Agreement.
18.3. Each party agrees that it shall have no claim for innocent or
negligent misrepresentation based on any statement in the Agreement.
18.4. Nothing in this clause shall limit or exclude any liability for fraud.
19. VARIATION
No variation of the Agreement shall be effective unless it is in writing
and signed by the parties (or their authorised representatives) but Hirer
should note that HOODLIFTERS may amend its terms (including these
Terms) from time to time, so Hirer should check these Terms for each
contract to be entered into with the Hirer.
20. NO PARTNERSHIP OR AGENCY
20.1. Nothing in the Agreement is intended to, or shall be deemed to,
establish any partnership or joint venture between any of the parties,
constitute any party the agent of another party, or authorise any party
to make or enter into any commitments for or on behalf of any other
party.
20.2. Each party confirms it is acting on its own behalf and not for the
benefit of any other person.
21. FURTHER ASSURANCE
At its own expense, each party shall, and shall use all reasonable
endeavours to procure that any necessary third party shall, promptly
execute and deliver such documents and perform such acts as may
reasonably be required for the purpose of giving full effect to the
Agreement.
22. THIRD PARTY RIGHTS
22.1. A person who is not a party to the Agreement shall not have any
rights under the Contracts (Rights of Third Parties) Act 1999 to enforce
any of the provisions of the Agreement.
23. NOTICES
23.1. Any notice given to a party under or in connection with this
Agreement shall be in writing and shall be delivered by hand or by pre-
paid first-class post or other next working day delivery service at its
registered office (if a company) or its principal place of business (in
any other case).
23.2. Any notice shall be deemed to have been received:
a) if delivered by hand, on signature of a delivery receipt or at the
time the notice is left at the proper address;
b) if sent by pre-paid first-class post or other next working day
delivery service, at 9.00 am on the second Business Day after posting
or at the time recorded by the delivery service.
23.3. This clause does not apply to the service of any proceedings or
other documents in any legal action or, where applicable, any
arbitration or other method of dispute resolution. For the purposes of
this clause, "writing" shall not include e-mail.
24. WAIVER
No failure or delay by a party to exercise any right or remedy provided
under the Agreement or by law shall constitute a waiver of that or any
other right or remedy, nor shall it prevent or restrict the further exercise
of that or any other right or remedy. No single or partial exercise of
such right or remedy shall prevent or restrict the further exercise of that
or any other right or remedy.
25. RIGHTS AND REMEDIES
Except as expressly provided in the Agreement, the rights and
remedies provided under the Agreement are in addition to, and not
exclusive of, any rights or remedies provided by law.
26. SEVERANCE
26.1. If any provision or part-provision of the Agreement is or becomes
invalid, illegal or unenforceable, it shall be deemed modified to the
minimum extent necessary to make it valid, legal and enforceable. If
such modification is not possible, the relevant provision or part-
provision shall be deemed deleted. Any modification to or deletion of a
provision or part-provision under this clause shall not affect the validity
and enforceability of the rest of the Agreement.
26.2. If one party gives notice to the other of the possibility that any
provision or part-provision of the Agreement is invalid, illegal or
unenforceable, the parties shall negotiate in good faith to amend such
provision so that, as amended, it is legal, valid and enforceable, and,
to the greatest extent possible, achieves the intended commercial
result of the original provision.
27. GOVERNING LAW
The Agreement and any dispute or claim arising out of or in connection
with it or its subject matter or formation (including non-contractual
disputes or claims) shall be governed by and construed in accordance
with the law of Northern Ireland.
28. JURISDICTION
Each party irrevocably agrees that the courts of Northern Ireland shall
have exclusive jurisdiction to settle any dispute or claim arising out of
or in connection with the Agreement or its subject matter or formation
(including non-contractual disputes or claims).