Terms &
Conditions

IMPORTANT INFORMATION WHEN USING RENT-A-RAMP FROM BHA AUTO RECYCLING

IMPORTANT – These terms and conditions apply to Traders and Consumers differently as follows:

Consumers are individuals who are acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.

If you are a Consumer, SECTIONS A and B apply to you.

Traders are persons acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

If you are a Trader, SECTIONS A and C apply to you.

SECTION A: TERMS AND CONDITIONS APPLYING TO BOTH CONSUMERS AND TRADERS

1. INTERPRETATION
   1. The following definitions and rules of interpretation apply in these terms and conditions:

1. 1. 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. A reference to writing or written includes email.
   3. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
   4. A reference to the Contract or to any other agreement or document referred to in the Contract is a reference to the Contract or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of the Contract) from time to time.
   5. 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.
2. THE CONTRACT
   1. The Hirer may book a Hired Unit and Equipment on BHA’s website (https://bharecycling.co.uk/rent-a-ramp/).
   2. Up to two additional people may accompany the Hirer on Site during the Hire Period (each a “Hirer Visitor”). The names of all Hirer Visitors must be provided to BHA at the time of booking.
   3. The Hirer is responsible for the acts and omissions of the Hirer Visitors. All Hirer Visitors must be over 12 years old and the Hirer is responsible for supervision of all persons under 18 years old as minors.
   4. A Contract for Hire will be formed between BHA and the Hirer when BHA confirms the Hire Period by email.
   5. BHA may refuse to hire Equipment or a Hired Unit to the Hirer for any reason and may refuse access to the Site of any Hirer Visitor for any reason.
   6. The Hire Period shall be the short-term period of hire set out in the Contract Details together with any additional period of time agreed by the parties in writing unless the Contract is terminated earlier in accordance with its terms.
3. EQUIPMENT HIRE
   1. BHA shall hire the Equipment and the Hired Unit to the Hirer for use at the Site only subject to these terms and conditions of the Contract.
   2. The Hirer shall not remove the Equipment from the Hired Unit.
   3. BHA shall not, other than in the exercise of its rights under the Contract or applicable law, interfere with the Hirer’s quiet possession of the Equipment.
4. HIRE PAYMENTS AND DEPOSIT
   1. The Hirer shall pay the Hire Payments to BHA in advance on booking the Hired Unit and Equipment.
   2. If the Hire Period is extended by agreement between the parties in accordance with condition 2.6, the Hirer shall pay such additional Hire Payment as agreed in relation to the extended part of the Hire Period or if none is agreed an amount equal to the additional Hire Period charge at BHA’s then standard daily rates of hire.
   3. BHA shall be entitled to charge additional Hire Payments on written notice to the Hirer if the Hirer’s requirements are varied, or if the information provided by the Hirer as required by BHA is incomplete inaccurate false or not provided on time.
   4. The Hire Payments 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. The VAT and the total amount shall be set out in the Contract Details.
   5. All amounts due under the Contract to BHA 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). BHA may set-off the Deposit against any amounts owed by the Hirer to BHA under the Contract.
   6. If the Hirer fails to make a payment due to BHA under the Contract by the due date, then, without limiting BHA’s remedies under condition 31, the Hirer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment.
   7. Interest under this condition will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
   8. The Deposit is a deposit against default by the Hirer of payment of any Hire Payments or any loss of or damage caused to the Equipment or the Hired Unit. The Hirer shall, on the date of the Contract, pay the Deposit to BHA. If the Hirer fails to make any Hire Payments or causes any loss or damage to the Equipment or to the Hired Unit (in each case in whole or in part), BHA shall be entitled to apply the Deposit against such default, loss or damage. The Hirer shall pay to BHA any sums deducted from the Deposit within ten Business Days of a demand for the same. Subject to the rest of this condition 4.8, the Deposit (or balance thereof) shall be refundable within 10 Business Days of the end of the Hire Period.
   9. If BHA is not entitled to take a deduction from the Deposit in accordance with the Contract the Deposit shall be returned to the Hirer at the end of the Hire Period.
5. DELIVERY
   1. Delivery of the Equipment shall be made by BHA when the Hirer takes possession of the Hired Unit.
   2. The Hirer shall be given opportunity to inspect the Equipment and the Hired Unit. Acceptance of Delivery by the Hirer shall constitute conclusive evidence that the Hirer has examined the Equipment and the Hired Unit and has found it to be in good condition, complete and fit in every way for the purpose for which it is intended (save as regards any latent defects not reasonably apparent on inspection). If required by BHA, the Hirer’s duly authorised representative shall sign a receipt confirming such acceptance.
6. TITLE AND RISK
   1. The Equipment and the Hired Unit shall at all times remain the property of BHA, and the Hirer shall have no right, title or interest in or to the Hired Unit or the Equipment (save the right to possession and use of the Equipment subject to the terms and conditions of the Contract).
   2. The risk of loss, theft, damage or destruction of the Equipment shall pass to the Hirer on 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 BHA.
   3. The Hirer shall give immediate written notice to BHA in the event of any loss, accident or damage to the Equipment arising out of or in connection with the Hirer’s possession or use of the Equipment or Hired Unit.
7. LICENCE
   1. Subject to condition 8 and condition 31, BHA permits the Hirer during the Hire Period to:
      1. use the Hired Unit for the purpose of carrying out the Hirer’s Business;
      2. use the Equipment and Facilities in common with BHA and all others authorised by BHA; and
      3. pass along the Accessways and Common Parts for access to and egress from the Hired Unit.
   2. The Hirer acknowledges that:
      1. the Hirer shall occupy the Hired Unit as a licensee and that no relationship of landlord and tenant is created between BHA and the Hirer by this licence;
      2. the Hirer shall not be entitled to any statutory protection when the Contract terminates;
      3. BHA retains control and possession of the Hired Unit and the remainder of the Site and the Hirer has no right to exclude BHA from the Hired Unit or remainder of the Site;
      4. at any time when the Hirer is not using the Hired Unit BHA may or may permit a third party to use the Hired Unit in connection with BHA’s own Business;
      5. without prejudice to the rights under condition 31, BHA shall be entitled at any time to require the Hirer to transfer to a comparable ramp elsewhere within the Site and the Hirer shall comply with such requirement; and
      6. the licence to occupy granted by this licence is personal to the Hirer and is not assignable, and the rights given in condition 7.1 may only be exercised by the Hirer.
8. HIRER’S RESPONSIBILITIES
   1. The Hirer shall during the term of the Contract:
      1. comply with the BHA Rules;
      2. comply with all safety instructions displayed at the Site or communicated to the Hirer at any time, including but not limited to safety instructions relating to movement of the ramp;
      3. ensure that the Equipment is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with all laws and regulations including any health and safety regulations relating to the Equipment or the Hired Unit and any operating or safety instructions provided by BHA;
      4. take such steps (including compliance with all safety and usage instructions provided by BHA) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment and the Hired Unit are at all times safe and without risk to health when it is being set, used, cleaned or maintained;
      5. be suitably skilled qualified or trained to carry on the Hirer’s Business and to use the Equipment and the Hired Unit and (if the Hirer has not already done so) shall provide BHA with evidence of the Hirer’s qualifications or competence as soon as practicable following request by BHA.
      6. maintain at its own expense the Equipment and Hired Unit in good and substantial repair in order to keep it in as good an operating condition as it was at the beginning of the Hire Period (fair wear and tear only excepted) including replacement of worn, damaged and lost parts, and shall make good any damage to the Equipment or the Hired Unit;
      7. make no alteration to the Equipment or the Hired Unit and shall not remove any existing component (or components) or marks or labels from the Equipment or the Hired Unit without the prior written consent of BHA unless the component (or components) is (or are) replaced immediately (or if removed in the ordinary course of repair and maintenance as soon as practicable) by the same component or by one of a similar make and model or an improved or advanced version of it. Title and property in all substitutions, replacements, renewals made in or to the Equipment shall vest in BHA immediately on installation;
      8. keep BHA fully informed of all material matters relating to the Equipment and the Hired Unit;
      9. keep the Equipment at all times at the Hired Unit and shall not move or attempt to move any part of the Equipment to any other location without BHA’s prior written consent;
      10. where the Equipment requires:
          1. fuel and/or oil and/or electricity to operate it is the Hirer’s responsibility to ensure that the correct type and standard of fuel oil and voltage (as applicable) is used;
          2. fuel to operate the Hirer shall return the Equipment with its fuel tank full. BHA may charge the Hirer for the cost of refuelling if the Hirer fails to comply with this condition 8.1.10 at its then standard rates;
      11. keep the Hired Unit tidy and clear of rubbish;
      12. not move or remove vehicles from the ramp in the Hired Unit. Only BHA’s authorised personnel may drive vehicles on and off the ramp;
      13. not do or permit to be done in the Site anything which is illegal or which may be or become a nuisance (whether actionable or not), annoyance, inconvenience or disturbance to BHA, BHA’s employees, clients, other users of the Site or any owner or occupier of neighbouring property;
      14. not cause or permit to be caused any damage to:
          1. the Site or any neighbouring property; or
          2. any property of the owners or occupiers of the Site or any neighbouring property;
      15. not obstruct the Accessways or Common Parts;
      16. be responsible for the conduct, appearance and presentation of the Hirer’s Business and for behaviour, hygiene, health and safety matters relating to the Hirer’s Business;
      17. comply with all relevant health and safety legislation and to observe any reasonable rules relating to behaviour, hygiene, health and safety that BHA imposes on all those who use the Site;
      18. if applicable, notify the relevant authorities that the Hirer is a self-employed person operating an independent business and to provide BHA with any necessary registrations;
      19. keep proper accounting records relating to the Hirer’s Business and to submit details of such payments to the relevant authorities in accordance with all statutory requirements;
      20. be fully responsible for and to indemnify BHA in respect of:
          1. the Hirer’s Tax Liabilities, where the recovery is not prohibited by law; and
          2. all reasonable costs and expenses and any penalty, fine or interest incurred or payable by BHA in connection with or in consequence of the Hirer’s Tax Liabilities unless it arises out of BHA’s negligence or wilful default;
      21. not do anything that will or might vitiate in whole or in part any insurance arranged by BHA in respect of the Site or increase the insurance premium;
      22. leave the Hired Unit in a clean and tidy condition and remove the Hirer’s possessions at the end of the Hire Period;
      23. permit BHA or its duly authorised representative to inspect the Hired Unit and Equipment at all reasonable times and for such purpose to enter on the Hired Unit or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection;
      24. maintain operating and maintenance records of the Equipment and make copies of such records readily available to BHA, together with such additional information as BHA may reasonably require;
      25. not, without the prior written consent of BHA, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or the Hired Unit or allow the creation of any mortgage, charge, lien or other security interest in respect of it;
      26. not without the prior written consent of BHA, 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 BHA against all losses, costs or expenses incurred as a result of such affixation or removal;
      27. not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of BHA in the Equipment or the Hired Unit and, where the Equipment has become affixed to any land or building, the Hirer must take all necessary steps to ensure that BHA may enter such land or building and recover the Equipment both during the term of the Contract 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 BHA of any rights such person may have or acquire in the Equipment and a right for BHA to enter onto such land or building to remove the Equipment;
      28. 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 BHA and the Hirer shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify BHA on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;
      29. not use the Equipment or the Hired Unit for any unlawful purpose;
      30. ensure that at all times the Equipment remains identifiable as being BHA’s property and wherever possible shall ensure that a visible sign to that effect is and remains attached to the Equipment; and
      31. deliver up the Equipment and the Hired Unit at the end of the Hire Period or on earlier termination of the Contract at such address as BHA requires, or if necessary allow BHA or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment.
   2. The Hirer acknowledges that:
      1. BHA shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Hirer or its officers, employees, agents and contractors, and the Hirer shall indemnify BHA in full against all liabilities, costs, expenses, damages and losses (including 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 BHA arising out of, or in connection with any failure by the Hirer to comply with the terms of the Contract; and
      2. BHA may substitute the Equipment or the Hired Unit from time to time with Equipment or a Hired Unit of an equivalent type and standard. BHA will try and give reasonable notice to the Hirer if this applies.
9. DAMAGE OR LOSS
   1. The Hirer shall pay to BHA the following (the amount of which shall be confirmed to the Hirer in writing by BHA together with any supporting evidence as soon as reasonably practicable after the end of the Hire Period):
      1. all costs expenses and fees arising out of or in connection with:
         1. rectifying any damage to the Equipment or the Hired Unit (except fair wear and tear) which occurred during the Hire Period whilst the Equipment and/or Hired Unit was at the Hirer’s risk; and
         2. cleaning refuelling or other replenishing of consumables required to return the Equipment and/or the Hired Unit to a condition fir for hire;
         3. Hire Payments in respect of the Equipment or Hired Unit affected for the period from the end of the Hire Period to the date on which repairs and cleaning is completed.
      2. The cost of replacement with new of any item of Equipment or Hired Unit or any part of either, which is lost stolen or damaged beyond economical repair including without limitation:
         1. parts and labour costs,
         2. reasonable administration charges, and
         3. the total amount of any Hire Payments which could have been received by BHA were it not for the need to repair or replace such item of Equipment or Hired Unit.
10. FORCE MAJEURE Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances the affected party 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, the party not affected may terminate the Contract by giving 7 days’ written notice to the affected party.

1. CONFIDENTIAL INFORMATION
   1. Each party undertakes that it shall not at any time 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 condition 11.2.
   2. Each party may disclose the other party’s confidential information:
      1. to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with the Contract. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with condition 11; and
      2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
   3. Neither party shall use the other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Contract.
2. PERSONAL DATA
   1. All personal information processed in relation to the Contract shall be processed in accordance with BHA’s privacy policy which is available on BHA’s website (https://bharecycling.co.uk/rent-a-ramp/) or from BHA on request.
3. ASSIGNMENT AND OTHER DEALINGS

The Contract is personal to the parties and neither party shall assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract.

1. VARIATION
   1. Subject to condition 14.2, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
   2. BHA may vary these terms and conditions if required due to changes in relevant law or regulations or its own processes and procedures. If such changes occur within the Hire Period BHA shall notify the Hirer and the Hirer shall have the option to terminate the Contract in whole or in relation to some Equipment or Hired Unit only and receive a refund of that part of the Hire Payment as relates to the unexpired Hire Period in relation to the terminated part of the Contract.
2. NO PARTNERSHIP OR AGENCY
   1. Nothing in the Contract 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.
   2. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
3. 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 Contract.

1. COUNTERPARTS
   1. The Contract may be executed in any number of counterparts, each of which shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
   2. Transmission of the executed signature page of a counterpart of the Contract by email (in PDF, JPEG or other agreed format) shall take effect as the transmission of an executed “wet-ink” counterpart of the Contract.
2. THIRD PARTY RIGHTS
   1. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
   2. The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
3. NOTICES
   1. Any notice given to a party under or in connection with the Contract shall be in writing and shall be:
      1. 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); or
      2. sent by email to rent-a-ramp@bharecycling.co.uk
   2. Any notice shall be deemed to have been received:
      1. if delivered by hand, at the time the notice is left at the proper address;
      2. 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
      3. if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, where business hours resume. In this condition 22.2(c), business hours mean 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
   3. This condition 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.
   4. A notice given under the Contract is not valid if sent by email.
4. WAIVER

No failure or delay by a party to exercise any right or remedy provided under the Contract 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.

1. RIGHTS AND REMEDIES

Except as expressly provided in the Contract, the rights and remedies provided under the Contract are in addition to, and not exclusive of, any rights or remedies provided by law.

1. SEVERANCE
   1. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract.
   2. If any provision or part-provision of the Contract is deemed deleted under condition 22.1 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
2. GOVERNING LAW

The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

1. JURISDICTION

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

SECTION B: TERMS AND CONDITIONS APPLYING TO CONSUMERS ONLY

1. BHA’S RESPONSIBILITY FOR LOSS OR DAMAGE TO THE HIRER
   1. BHA is responsible to you for foreseeable loss and damage caused by BHA. If BHA fails to comply with these terms and conditions, BHA is responsible for loss or damage that the Hirer suffers that is a foreseeable result of BHA breaking the contract or failing to use its reasonable care and skill, but BHA is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both parties knew it might happen, for example, if the Hirer discussed it with BHA during the sales process.
   2. BHA does not exclude or limit in any way its liability to the Hirer where it would be unlawful to do so. This includes liability for death or personal injury caused by BHA’s negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the Hirer’s legal rights in relation to the services including the right to receive products which are as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
   3. BHA is not liable for business losses. BHA only supplies the Equipment and the Hired Unit for domestic and private use. If the Hirer uses the Equipment and/or the Hired Unit for any commercial, business or re-sale purpose BHA will have no liability to the Hirer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
   4. BHA must provide Equipment to the Hirer which conforms with the Contract. The Hirer has legal rights in relation to the Contract. Nothing in the Contract or these terms and conditions changes those legal rights. Further details about your legal rights can be obtained from the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
2. ENDING THE CONTRACT
   1. Automatic end. The Contract will end automatically on day 60 of the Hire Period if it has not been ended or expired before that.
   2. Ending the contract because of something BHA has done or is going to do. If the Hirer ends a Contract for a reason set out at 26.2.1 to 26.2.5 below the Contract will end immediately and BHA will refund the Hirer in full for any Equipment which has not been provided and the Hirer may also be entitled to compensation. The reasons are:
      1. BHA has told you about an upcoming change to the Equipment, the Hired Unit or these terms and conditions which you do not agree to;
      2. BHA has told you about an error in the price or description of the Equipment or Hired Unit in the Contract Details and you do not wish to proceed;
      3. there is a risk that supply of the Equipment or the Hired Unit may be significantly delayed because of events outside BHA’s control;
      4. BHA has suspended supply of the Equipment or the Hired Unit for technical reasons, or notifies the Hirer that it is going to suspend supply for technical reasons; or
      5. The Hirer has a legal right to end the contract because of something BHA has done wrong.
   3. Ending the contract where BHA is not at fault and there is no right for the Hirer to change their mind. The Hirer can still end the Contract before it is completed, but the Hirer may have to pay BHA compensation. A Contract is completed at the end of the Hire Period and when you have paid the Hire Payments. If you want to end a Contract before it is completed where BHA is not at fault and the Hirer has not changed their mind, just contact BHA. The Contract will end immediately and BHA will refund any sums paid by the Hirer for Equipment not provided and any unexpired part of the Hire Period but BHA may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs BHA will incur as a result of the Hirer ending the contract.
   4. How to end the Contract. To end the contract the Hirer should contact BHA using the details in the Contract Details and stating that the Hirer wishes to end the Contract and stating the reason why.
   5. Returning Equipment. The Hirer must return all Equipment to BHA at the end of the Contract. Because the Equipment should be kept on the Site, if the Hirer removes the Equipment from the Site the Hirer must pay the costs of return.
   6. Refunds. Any refunds due on cancellation of the Contract (minus any deductions as described in condition 26.3) will be paid as soon as possible, and within 14 days of the Hirer notifying BHA of the cancellation, by BHA using the method of payment used by the Hirer.
   7. BHA’s rights to end the Contract. BHA may end the Contract if the Hirer breaks it. BHA may end the Contract at any time by writing to the Hirer if:
      1. the Hirer does not make any payment to BHA when it is due and the Hirer still does not make payment within 5 days of BHA reminding the Hirer that payment is due;
      2. the Hirer does not, within a reasonable time of BHA asking for it, provide BHA with information that is necessary for BHA to provide the Equipment;
      3. the Hirer does not, within a reasonable time, collect the Equipment or access the Hired Unit from BHA;
      4. in BHA’s reasonable opinion, the Hirer is not competent to use the Equipment or the Hired Unit;
      5. in BHA’s reasonable opinion, the Hirer is operating in an unsafe manner with or without the Equipment or the Hired Unit;
      6. the Hirer breaks any other terms of the Contract.
   8. The Hirer must compensate BHA if the Hirer breaks the contract. If BHA ends the Contract in the situations set out in condition 26.7 BHA will refund any money the Hirer has paid in advance for Equipment or Hired Units not provided but BHA may deduct or charge the Hirer reasonable compensation for the net costs BHA will incur as a result of the Hirer breaking the Contract.
   9. BHA may withdraw the Equipment or Hired Unit. BHA may write to the Hirer to let them know that BHA is going to stop providing the Equipment or the Hired Unit. BHA will refund any sums the Hirer has paid in advance for Equipment or Hired Units which will not be provided.
3. PROBLEMS WITH THE EQUIPMENT
   1. If the Hirer has any questions or complaints about the Equipment or the Hired Unit, please contact BHA using the contact information in the Contract Details.

SECTION C: TERMS AND CONDITIONS APPLYING TO TRADERS ONLY

1. ENTIRE AGREEMENT
   1. The Contract 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.
   2. No terms presented by the Hirer shall apply to the Contract.
   3. Each party acknowledges that in entering into the Contract 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 Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
2. LIMITATION OF LIABILITY
   1. The restrictions on liability in this condition 29 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
   2. Nothing in the Contract limits any party’s liability which cannot legally be limited including liability for:
      1. death or personal injury caused by its own negligence;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 7 of the Supply of Goods and Services Act;
      4. any matter in respect of which it would be unlawful for the parties to exclude or restrict liability; or
      5. either party’s liability for its deliberate fault.
   3. The Hirer shall indemnify BHA and keep BHA indemnified against all losses, claims, demands, actions, proceedings, damages, costs, expenses or other liability in any way arising from:
      1. any breach of the Hirer’s obligations contained in the Contract;
      2. any breach by the Hirer of the BHA Rules;
      3. the negligent acts or omissions of the Hirer, or any person under the Hirer’s control; and/or
      4. the exercise of any rights given in condition 7.
   4. Subject to condition 29.2, BHA’s total liability to the Hirer shall not exceed the total Price of the Equipment and the Hired Unit for the Hire Period.
   5. Subject to condition 29.2, BHA shall not be liable under the Contract for any:
      1. death of, or injury to, the Hirer, or the Hirer’s clients or visitors;
      2. damage to, or theft of, any possessions of the Hirer, the Hirer’s clients, or the Hirer’s visitors;
      3. the acts or omissions of any other hirers on the Site;
      4. loss of profits;
      5. loss of sales or business;
      6. loss of agreements or contracts;
      7. loss of anticipated savings;
      8. loss of use or corruption of software, data or information;
      9. loss of or damage to goodwill; and
      10. indirect or consequential loss.
   6. Subject to condition 29.2, all implied terms and conditions as to the quality or performance of the Equipment and any other goods or services provided under the Contract are, to the fullest extent permitted by law, excluded from the Contract.
3. COMPLIANCE WITH SPECIFICATION
   1. BHA shall ensure that the Equipment and the Hired Unit shall substantially conform to its specification (as made available by BHA), be of satisfactory quality and fit for any purpose held out by BHA.
   2. If the Equipment or the Hired Unit fails to comply with condition 30.1, BHA shall use reasonable endeavours to:
      1. remedy, free of charge, any material defect in the Equipment which manifests itself within the Hire Period
      2. replace the Equipment or the Hired Unit with Equipment or a Hired Unit of similar specification; or
      3. make an appropriate reduction to the Hire Payments payable during the remaining Hire Period and, if relevant, return any Deposit (or any part of it applicable to the defective Equipment).
   3. BHA shall not be liable to repair or replace Equipment or the Hired Unit or reduce the Hire Payments if:
      1. the Hirer does not notify BHA of any defect in writing immediately on becoming aware of the defect;
      2. BHA is not permitted to make a full examination of the alleged defect;
      3. The defect arose directly as a result of an act or omission of the Hirer;
      4. the defect arose as a result of misuse, neglect, alteration, mishandling or unauthorised manipulation by any person other than BHA’s authorised personnel;
      5. the defect arose out of any information, design or any other assistance supplied or furnished by the Hirer or on its behalf; and
      6. the defect is not directly attributable to defective material, workmanship or design,

and BHS shall be entitled, without prejudice to its other rights pursuant to these terms and conditions, to charge the Hirer for the costs of repair of replacement of the Equipment or the Hired Unit.

1. 1. Insofar as the Equipment comprises or contains equipment or components which were not manufactured or produced by BHA, the Hirer shall be entitled only to such warranty or other benefit as BHA has received from the manufacturer.
   2. The remedies set out in this condition 30 shall be the only remedy for a breach of condition 30.1.
2. TERMINATION
   1. The Contract shall terminate on the expiry of the Hire Period which shall not exceed 88 days.
   2. Without affecting any other right or remedy available to it, BHA may terminate the Contract with immediate effect by giving notice to the Hirer if:
      1. the Hirer fails to pay any amount due under the Contract on the due date for payment;
      2. the Hirer commits a material breach of any other term of the Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 5 days after being notified to do so;
      3. the Hirer repeatedly breaches any of the terms of the Contract 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 Contract;
      4. 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 section 123 of the Insolvency Act 1986 (“IA 1986“) as if the words “it is proved to the satisfaction of the court” did not appear in sections 123(1)(e) or 123(2) of the IA 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
      5. 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 creditors;
      6. the Hirer applies to court for, or obtains, a moratorium under Part A1 of the Insolvency Act 1986;
      7. 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, limited liability partnership or partnership);
      8. an application is made to court, or an order is made, for the appointment of an administrator, or a notice of intention to appoint an administrator is given or an administrator is appointed, over the Hirer (being a company);
      9. 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;
      10. a person becomes entitled to appoint a receiver over all or any of the assets of the Hirer or a receiver is appointed over all or any of the assets of the Hirer;
      11. 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;
      12. 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 condition 31.2.4 to condition 31.2.11 (inclusive);
      13. the Hirer’s financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Contract is in jeopardy; or
      14. the Hirer suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.

In deciding whether any breach is material no regard shall be had to whether it occurs by some accident, mishap, mistake or misunderstanding.

1. 1. The Contract shall automatically terminate if a Total Loss occurs in relation to the Equipment.
2. CONSEQUENCES OF TERMINATION
   1. On expiry or termination of the Contract, however caused:
      1. BHA’s consent to the Hirer’s possession of the Equipment and the Hired Unit shall terminate;
      2. BHA may, by its authorised representatives, without notice and at the Hirer’s expense, retake possession of the Equipment and the Hired Unit and for this purpose may enter any premises at which the Equipment is located; and
      3. without prejudice to any other rights or remedies of the Hirer, the Hirer shall pay to BHA on demand:
         1. all Hire Payments and other sums due but unpaid at the date of such demand together with any interest accrued pursuant to condition 4.6; and
         2. any costs and expenses incurred by BHA in recovering the Equipment or in collecting any sums due under the Contract (including any storage, insurance, repair, transport, legal and remarketing costs).
   2. On termination of the Contract pursuant to condition 31.1, any other repudiation of the Contract by the Hirer which is accepted by BHA or pursuant to condition 31.3, without prejudice to any other rights or remedies of BHA, the Hirer shall pay to BHA on demand a sum equal to the whole of the Hire Payments that would (but for the termination) have been payable if the Contract had continued from the date of such demand to the end of the Hire Period.
   3. The sums payable pursuant to condition 32.2 shall be agreed compensation for BHA’s loss and shall be payable in addition to the sums payable pursuant to condition 32.1.3. Such sums may be partly or wholly recovered from any Deposit.
   4. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.
   5. Termination or expiry of the Contract 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.
3. STATUS
   1. The Hirer is self-employed for the purpose of carrying out the Hirer’s own Business.
   2. Nothing in the Contract shall render the Hirer an employee, worker, agent or partner of BHA and the Hirer shall not hold itself out as such.
4. INSURANCE
   1. The Hirer shall:
      1. be responsible for maintaining insurance in respect of the Hirer’s own goods and belongings and against any loss of profits;
      2. maintain public liability, professional negligence, product liability and, if relevant, employer’s liability insurance in respect of the death of, or damage or other loss caused to, any person or their possessions in connection with the Hirer’s Business for at least £[5] million;

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